1926 CONGRESSIONAL RECORD-SENAT]l .7168· Also, a bill (H. R. 11154) for the reUef of Carib Steamship which has for its purpose the quieting of title to school lands Co. (Inc.); to the Committee on Claims. granted to the several States by the " land grant act"; to the Alsot .a bill (H. R. 11155) for the relief of the owners of the Committee on the Public Lands. steamship San Lucar and of her cargo ; to the Committee on 1699. By Mr. MEAD: Petition of City Council of Buffalo, Claims. N. Y., approving House bills 16 and 485; to the Committee on Also, a bill (H. R. 11156) for the relief of the Atlantic & the Judiciary. Caribbean Steam-Navigation Co.; to the Committee on Claims. 1700. By Mr. :MOONEY: Petition of residents of the District By Mr. REED of New York: A bill (H. R. 11157) granting of Columbia and Arlington, Va., opposing compulsory Sunday an increase of pension to Eva H. Miller; to the Committee on observance; to the Committee on the District of Columbia. Invalid Pensions. 1701. By Mr. NEWTON of Minnesota : Petition signed by Also, a bill (H. R. 11158) granting an increase of pension to sundq citizens of Minneapolis, Minn., urging favorable action Clara V. Swanson ; to the Committee on Invalid Pensions. upon House bills 71 and 7479; to the Committee on Agriculture. By Mr. ROBINSON of Iowa: A bill (H. R. 11159) granting a 1 i02. Also, petition of sundry citizens of Minneapolis, favor- pension to Hanora 0. Fritz; to the Committee on Invalid ing further restrictions of immigration; to the Committee on Pensions. Immigration and Naturalization. By Mr. STALKER: A bill (H. R. 11160) granting an increase 1703. Also, petition of the Polish Welfare Council of Minne of pension to Lydia F. Roe; to the Committee on Invalid apolis, opposing legislation providing for the registration of Pensions. aliens (H. R. 102); to the Committee on Immigration and Also,. a bill (H. R. 11161) granting an increase of pension to Naturalization. Eliza M. Bagley ; to the Committee on Invalid Pensions. 1704. By Mr. O'CONNELL of New York: Petition of Roy D. Also, a bill (H. R. 11162) granting an increase of pension to Chapin, of the National Automobile Chamber of Commerce, Mary S. Thompson ; to the Committee on Invalid Pensions. favoring an appropriation of $3,000 per annum to enable the Also, a bill (H. R. 11163) granting an increase of pension to United States to accept membership in the Permanent Associa Augusta C. Blttmeyer ; to the Committee on Invalid Pensions. tion of International Road Congresses; to the Committee on By Mr. SWING: A bill (H. R. 11164) granting a pension to Roads. Emma D. Tenney; to the Committee on Invalid Pensions. 1705. Also, petition of the Merchants Association of New By Mr. THOMAS: A bill (II. R. 11165) for the relief of York. opposing the passage of the Fitzgerald bill (H. R. 487), Frank Griffith and L. D. Alexander; to the Committee on the workmen's compensation bill for the District of Columbia; Claims. to the Committee on the District of Columbia. By Mr. UNDERHILL: A bill (H. R. 11166) to appoint Mate 1706. Also, petition of George M. Flynn, of Jamaica, N. Y., John Joseph Bresnahan, United States Navy, a boatswain in opposing the Fitzgerald bill (H. R. 487), workmen's compen· the Navy; to the Committee on Naval Affairs. sation bill for the District of Columbia; to the Committee on By Mr. VINCENT of Michigan: A bill (H. R. 11167) grant the District of Columbia. ing an increase of pension to Livona Holton; to the Committee 1707. Also, petitio.a1 of the International Association of Ma on Invalid Pensions. chinists, District Lodge No. 15, New York City, favoring the By Mr. WOODRUFF: A bill (II. R. 11168) for the relief of passage of the Fitzgerald workmen's compensation bill (H. R. James V. Martin ; to the Committee on Claims. 487) ; to the Committee on the District of Columbia. By Mr. WURZBACH: A bill (H. R. 11169) granting a pen 1708. By 1\ir. WELSH: Petition of members of Benjamin sion to Silas W. Granberry; to the Committee on Pensions. Harrison Council, No. 92, favoring House bill 5000 i to the Com mittee on Education. PETITIONS, ETC. Under clause 1 of Rule XXII, petitions and papers were laid SENATE on the Clerk's desk and referred as follows : 1690. By Mr. CARSS: Resolution favoring passage of legis· FRIDAY' A p1il 9' 1926 lation to provide adequate pensions for Civil War veterans and their widows; to the Committee on Invalid Pensions. . (Legislat1tVe d(J;y of Monday, April 5, 1926) 1691. Also, petition opposing House bill 5583, to provide for The Senate reassembled at 12 o'clock meridian, on the ex- registration of aliens, and for other purposes; to the Committee piration of the recess. . on Immigration and Naturalization. Mr. CURTIS. 1\lr. President, I suggest the absence of a 1692. By Mr. W. T. FITZGERALD: Petition of Lemert Post, quorum. G. A. R., Newark, Ohio, requesting enactment of legislation for The VICE PRESIDENT. The clerk will call the roll. relief of veterans of the Civil War and their widows; to the The legislative clerk called the roll, and the following Sena Committee on Invalid Pensions. tors answered to their names : 1693. By Mr. GALLIVAN: Petition of Bernard J. Rothwell, Ashurst Ferris King Robinson, Ark. president Bay State Milling Co., 608 Grain and Flour Exchange, Bayard Fess La Follette Sackett India and Milk Streets, Boston, Mass., protesting against the Bingham Fletcher Lenroot Sheppard Blease Frazier l\IcKellar Shlpstead passage of a bill to create a Federal farm board; to the Com· Borah George McMaster Shortridge mittee on Agriculture. Bratton Gillett McNary Smith 1694. By Mr. HERSEY: Petition signed by Eugene Clark and Broussard Glass Mayfield Smoot Bruce Goff Metcalf Stanfield 48 other residents of Caratunk, Me., protesting against the pas Butler Gooding Moses Stephens sage of the Copeland-Bloom bill to regulate the practice of Cameron Greene Neely Swanson mediums and spiritualists in the District of Columbia; to the Capper Hale Norbeck Trammell Caraway Harreld Norris Tyson Committee on the District of Columbia. Copeland Harris Nye Wadsworth 1695. Also, petition signed by R. H. Bean and 69 others of Couzens Harrison Oddie Walsh Stockholm, l\1e., against compulsory Sunday observance; to Curtis Heflin Overman Warren Dale Howell Pepper Weller the Committee on the District of Columbia. Dill Johnson Phipps Williams 1696. By Mr. KINDRED: Petition of the Chamber of Com· Edge :r ones, N. Mex. Plne Willis merce of the State of New York, protesting against the passage Edwards Jones, Wash. Pittman Ernst Kendrick Ransdell of Senate bill 2808, introduced by Senator Smith, as being a Fernald Keyes Reed, Pa. measure fraught with grave danger to the integrity of the Interstate Commerce Commission and the business interests of Mr. PHIPPS. I desire to announce that my colleague the - the country; to the Committee on Interstate and Foreign Com· junior Senator from Colorado [Mr. MEANS] is deliained on merce. account of illness. I will let this announcement stand for 1697. Also, resolution of the National Guard Association of the day. the State of New York, urging upon the present Congress the The VICE PRESIDENT. Eighty-one Senators having an authorization at this session of Ccngress of the proposed all· swered to their names, a quorum is present. American canal from the Great Lakes to the Atlantic Ocean MESSAGE FROM THE HOUSE by way of t}le Mohawk and Hudson Valleys; and also urging A message from the House of Representatives, by Mr. Halti the Congress of the United States to refrain from participation gan, one of its clerks, announced that the House insisted upon in the authorization of any international canal on this con. its amendment to the bill (S. 24.65) to amend the act entitled tinent whatsoever until the all-American ship canal shall have "An act to regulate foreign commerce by prohibiting the ad been completed; to the Committee on Rivers and Harbors. mission into the United States of certain adulterated grain and 1698. By Mr. LEATHERWOOD: Resolution of the Chamber seeds unfit for seeding purposes," approved August 24, 1912, of Commerce of the United States, indorsing House blll 10360, as amended, and for other purposes ; agreed to the conference . Jl64 CONGRESSIONAL RECORD-SENAT]J . APRIL 9 requested by the Senate on the disagreeing votes of the two councils, and Filipino organizations in favor of measures which liouses thereon, and that Mr. MAPES, Mr. BURTNES~, and Mr. I introduced and which are now pending before the Committee PARKS were appointed managers on the part of the House at on Territories and Insular Possessions, providing for immediate the conference. independence of the Filipinos and for the withdrawal of the United States troops from the Philippine Islands. ENROLLED BILL AND JOINT RESOLUTIONS SIGNED I present herewith 16 additional resolutlons-2 from provin The message also announced that the Speaker of the House cial boards and 14 from municipal councils. I ask their refer had affixed his signature to the following enrolled biD and ence to the committee and that they be considered along with joint resolutions, and they were thereupon signed by the Vice those heretofore presented. President: The resolutions from the following provincial boards and S. 3108. An act to amend section 2 of the act of June 7, 1924 municipal councils were referred to the Committee on Terri ( 43 Stat. L. p. 653), as amended by the act of March 3, 1925 tories and Insular Possessions : ( 43 Stat. L. p. 1127), entitled "An act to provide for the pro The provincial government of Iloco~ Sur, city of Vigan, P. I. tection of forest lands, for the reforestation of denuded areas, The provincial government of Rizal, city of Pasig, P. I. for the extension of national forests, and for other purposes, The municipal council of Tiwi, Province of .Albay, P. I. 1n order to promote the continuous production of timber on The municipal council of De Banga, Province of Caplz, P. I. lands chiefly suitable therefor " j The municipal council of Pinili, Province of !locos Norte, P. I. S. J. Res. 37. Joint resolution authorizing the Secretary of The municipal council of Tig Bauan, Province of Iloilo, P. I. Agriculture to cooperate with Territo:t:les and other possessions The municipal council of Sara, Province of Iloilo, P. I. of the United States under the provisions of sections 8, 4, The municipal council of Cataingan, Province of Masbate, and 5 of the act of Congress entitled "An act to provide for the P. I. protection of forest lands, and for the reforestation of denuded 'l'he municipal council of San Jose, Province of Mindoro, P. I. areas, for the extension of national forests, and for other· pur The municipal council of Clarfn, Province of Misamis, P. I. poses, in order to promote the continuous production of timber The municipal council of Tagoloan, Province of 1\Iisa.mis, P. I. on lands chiefly suitable therefor " ; and The municipal council of Dumaguete, Province of Oriental S. J. Res. 78. Joint resolution for the amendment of the plant Negros, P. I. quarantine act of August 20, 1912, to allow the States to quaran The municipal council of Concepcion, Province of Romblon, tine against the shipment therein or through of plants, plant P. I. products, and other articles found to be diseased or infested The municipal council of San Manuel, Province of Tarlac, when not covered by a quarantine establishe.Q. by the Secretary P. I. of .Agriculture, and for other purposes. The municipal council of Dapitan, Province of Zamboanga, PETITIONS AND MEMORIALS P. I. The municipal council of Zamboanga, Province of Zamboanga, Mr. DILL. I present short resolutions adopted at a meeting P. I. of workmen and shingle manufacturers of my State that I would like to have printed in the RECORD and referred to the REPORTS OF COlfMITTEES Committee on Finance. Mr. STANFIELD, from the Committee on Public Lands and There being no objection, the resolutions were referred to the Surveys, to which was referred the joint resolution (H. J. Res. Committee on Finance and ordered to be printed in the REcoRD, 171) authorizing the Secretary of the Interior to approve the as follows : application of the State of Idaho to certain lands under an act Whereas the shingle Industry of the States of Washington and entitled "An act to authorize the State of Idaho to exchange Oregon Is operating under antagonistic conditions produced by allowing certain lands heretofore granted for public-school purposes for the free entry of shingles into the United States from foreign nations, other Government lands," approved September 22, 1922, reported while an import tax is charged on logs, a partly raw material from it without amendment and submitted a report (No. 561) which shingles are manufactured, and to which the Canadian Govern thereon. ment had added an export log tax and a direct embargo on the ex Mr. WILLIS, from the Committee on Territories and Insular portation of logs when deemed advisable by said Canadian Government, Possessions, to which was referred the bill (H. R. 9314) to thereby forcing the United States shingle industry to operate under a provide for the enlargement of the present customs warehouse threefold handicap and under opposition of adverse laws of both the at San Juan, P. R., reported it without amendment and submit J United States and Canadian Governments ; and ted a report (No. 562) thereon. Whereas the Canadian shingle manufacturers employ from 54 to 60 REMOVAL OF BARTHOU>I FOUNTAIN / per cent of oriental labor in their shingle manufacturing and ship to Mr. FESS. From the Committee on the Library I report back United States approximately 90 per cent of their shingle output, which favorably with amendments the bill ( S. 3423) authorizing the is sold in competition with the products of .American labor and removal of the Bartholdi Fountain from its preRent location and .American industries; and authorizing its reerection on other public grounds in the Dis Whereas the existing United States tariff laws serve to encourage trict of Columbia. I ask unanimous consent for the present foreign production, to discourage home production, to favor the employ consideration of the bill. ment of foreign oriental labor, and to exclude American labor and There being no objection, the bill was considered as in Com .American industries from the manufacture of shingles for the markets mittee of the Whole. The amendments were, on page 2, line 2. of the United States, and entails mtlllons of dollars in annual loss to after the word "site," to insert the words "without injury to our Nation, Its labor and industries: Therefore be 1t the fountain." and on page 2, line 9, to strike out the comma Resolved, That we respectfully and earnestly urge Congress to enact after the word "Arts" and insert the words "and of the Joint a fair and adeQuate tariff law that will afford American labor and its Committee on the Library," so as to make the bill read: industries a fair and equal chance in .American markets for the sale of American-made shingles, manufactured by American workmen ; and Be u enacted, etc., That in order to permit the completion by the be it further Pennsylvanja Meade Memorial Commission of the memorial to Gen. Resol-ved, That in view of the evident fact that the United States George Gordon Meade, as authorized by the joint resolution of January shingle Industry is at the present time facing a crisis, caused by such 21, 19Ui (38 Stat. L. p. 1222), and to permit suitable treatment of Jndustry having been forced to operate under such adverse conditions the grounds around the Grant Memorial and the Meade Memorial and for the past number of years that we energetically urge the passage to carry out the plans for the improvement of the Mall, the Director of a fair and adequate shingle tariff law at the present session of of Public Buildings and Public Parks of the National Capital is hereby Congress ; be it further authorized to remove the Bartholdi Fountain and its basin and equip· Resolved; That a copy ot this resolution be sent to the President of ment from Its present site, without injury to the fountain, such re the United States and to each Member of Congress from the States ot moval to be without cost to the United States. Washington and Oregon. SEC. 2. That the Director of Public Buildings and Public Parks of Adopted at a meeting of workmen and manufacturers held In the the National Capital is hereby authorized to reerect said Barthold! Chamber of Commerce Auditorium, Seattle, Wash., March 27, 1926. Fountain on public grounds of the United States within the District A. C. EDWARDS, Chairman. of Columbia, the site and plans for such reerectlon to be subject to the D. H. CARPENTER, Secretar-y. approval of the Commission of Fine Arts and of the Joint Committee Mr. WILLIS presented a paper in the natw·e of a petition of on the Library, the expense of such reerection to be p!.lid from such the Central Dairy Producers' Council in the State of Ohio, appropriations as are available or may be made available in the future favoring the making of increased appropriations for the eradi for the improvement, care, and maintenance of public grounds in the cation of bovine tuberculosis, which was refened to the Com District of Columbia. mittee on Agriculture and Fore try. The amendments were agreed to. Mr. KING. Mr. Pre ident, on March 25 I presented 80 reso Mr. WILLIS. Mr. President, I wish my colleague would lutions adopted by p1·ovincial boards, municipal boards and state briefly the purpose of the bill. 1926 CONGRESSIONAL RECORD-SEN ATEl 7165_ Mr. FESS. The original location of the Meade Memorial S. J. Res. 78. Joint resolution for the amendmenl of the plant ln the Botanical Garden provided for the removal of the foun quarantine act of August 20, 1912, to allow the States to tain located near the monument. Later on we had a construc quarantine against the shipment therein or through of plants, tion of the law from the Attorney General stating that there plant prouucts, and other articles found to be diseased or in was no authority in the original enactment .for the removal of fested when not covered by a quarantine established by the the fountain. The bill provides for the removal of the fountain, Secretary of Agriculture, and for other purposes. which is in accordance with the wish not only of the committee but of the Commission on the Meade Memorial and the Fine BILLS AND JOINT RESOLUTIONS INTRODUCED Arts Commission, and is also under the permission o-t the Di Bills and joint resolutions were introduced, read the first rector of the Botanical Garden. time, and, by unanimous consent, the second time, and referred Mr. WILLIS. It is the large fountain in the Botanical Gar- as follows: den near the Capitol Grounds? By Mr. BAYARD: Mr. FESS. It is. A bill ( S. 3922) granting a pension to Nathan McNatt; to Mr. WILLIS. What is proposed to be done with it? the Committee on Pensions. Mr. FESS. The idea is to relocate it in the Botanical Gar By Mr. KING: den or the extension of the garden when that is finally · de A bill (S. 3923) for the relief of the widow and minor chil· cided upon. It is to be stored until a decision is reached' in dren of Raymond C. Hanford ; to the Committee on Claims. respect to that matter. I am sure the bill will meet with By Mr. MOSES: the approval of the Senator. I talked with him some time A bill ( S. 3_924) to amend the act of February 28, 1925, ago about it. fixing the compensation of fourth-class postmasters; to the :Mr. KING. I would like to ask if the bill has the approval Committee on Post Offices and Post Roads. of the Fine Arts Commission and the District Commissioners, By Mr. PEPPER: and if it was a unanimous report from the committee? A bill (S. 3925) for the relief of T. Gaines Roberts; to the Mr. FESS. Yes. Committee on Naval Affairs. The bill w§s reported to the Senate as amended, and the By Mr. McNARY: amendments were concurred in. . A bill ( S. 3926) to fix standards for hampers, round sta. ve 'fhe bill was ordered to be engrossed for a third reading, baskets, and splint baskets for fruits and vegetables, and for read the third time, and passed. other purposes; to the Committee on Manufactures. By Mr. WILLIS: HEARINGS BEFORE THE COMMITTEE ON TERRITORIES AND INSULAR A bill (S. 3927) granting a pension to Edward H. Packer POSSESSIONS (with accompanying papers); to the Committee on Pensions. Mr. KEYES. From the Committee to Audit and Control A bill ( S. 3928) authorizing the designation of an ex officio the Contingent Expenses of the Senate I report back favor commissioner for Alaska for each of the executive depart ably 'vithout amendment Senate resolution 192, and ask for ments of the United States, and for other purposes; . to the its immediate consideration. Committee on Territories and Insular Possessions. Mr. 'WILLIS. The resolution relates to the work of the By Mr. HARRELD (by request) : Committee on Territories and Insular Possessions. It is the A bill ( S. 3929) to authorize the deposit and expenditure of usual resolution authorizing the committee to hold hearings. various revenues of the Indian ·Service as Indian moneys, Mr. KIKG. There is no objection to it. proceeds of labor; to the Committee on Indian Affairs. The resolution, which had been submitted by Mr. WILLIS By Mr. WILLIAMS: on tlle 5th instant, was considered by unanimous consent and A bill (S. 3930) granting a pension to Joseph F. Dorgan agreed to, as follows : (with accompanying papers) ; to the Committee on Pensions. Resol1:ed, That the Committee on Ter-ritories and Insular Posses By Mr. WILLIS : sions, or any subcommittee thereof, be, and hereby is, authorized dur A bill (S. 3931) granting the consent of Congress to the ing the Sixty-ninth Congress to send for persons, books, and papers; Board of County Commissioners of Trumbull County, Ohio, to to administer oaths; and to employ a stenographer at a cost not ex construct an overhead viaduct across the Mahoning River at ceeding 25 cents per hundred words, to report such bearings as may Girard, Trumbull County, Ohio; to the Committee on Com be had in connection with any subject tba t may be pending before merce. said committee, the expenses thereof to be paid out of the contingent By Mr. BRUCE: fund of the Senate; and that the committee, or any subcommittee A bill ( S. 3932) authorizing certain dredging and filling in thereof, rr.ay sit during the sessions or recesses of the Senate. the vicinity of the Aberdeen Proving Grounds, l\Id. ; to the Committee on l\Hlitary Affairs. ELLA. DINSMORE SANDERSON ~ By Mr. NEELY: Mr. KEYES, from the Committee to Audit and Control the A bill ( S. 3933) to frovide for the acquisition of a site and Contingent Expenses of the Senate, to which was referred Sen the erection thereon o a public building at Gassaway, w. Va.; ate Resolution 101, submited by 1\Ir. 1\fcKrNLEY January 4, to the Committee on Public Buildings and Grounds. 1926, reported it favorably without amendment and it was con By Mr. GILLETT : sidered by unanimous consent and agreed to, as follows: A bill ( S. 3934) granting an increase of pension to Thomas ResoZt,ed, That the Secretary of the Senate hereby is authorized and Coriam; to the Committee on Pensions. directed to pay, ouf of the contingent fund of the Senate, miscellaneous By 1\Ir. BUTLER: items, fiscal year 1925, to Ella Dinsmore Sanderson, widow of George A joint resolution (S. J. Res. 89) for participation of the A. Sanderson, late Secretary of the Senate, a sum equal to one year's United States in the Third World's Poultry Congress to be salary nt the rate he was receiving by law at the time of his death, held at Ottawa, Canada, in 1927; to the Committee on Agri said sum to be considered inclusive of funeral expenses and all other culture and Forestry. allowances. By Mr. FESS: A joint resolution ( S. J. Res. 90) authorizing the publica ENROLLED BILL AND JOINT RESOLUTIONS PRESENTED tion of Madison's Debates of the Federal Convention and rele 1\Ir. GREENE, from the Committee on Enrolled Bills, re vant documents, in commemoration of the one hundred and ported that to-day that committee had presented to the Presi fiftieth anniversary of the Declaration of Independence; to the dent of the United States the following enrolled bill and joint Committee on Printing. resolutions: CHANGES OF REFERENCE S. 3108. An act to amend section 2 of the act of June 7, 1924 On motion of Mr. BUTLER, the Committee on the Judiciary ( 43 Stat. L. p. 653), as amended by the act of 1\farch 3, 1925 was discharged from the further consideration of the bill (43 Stat. L. p. 1127), entitled "An act to provide for the pro (S. 3911) to reimburse the Commonwealth of Massachusetts tection of forest lands, for the reforestation of denuded areas, for expenses incurred in compliance with the request of the for the extension of national forests, and for other purposes, United States marshal, dated December 6, 1917, to the Gov in order to promote the continuous production of timber on ernor of Massachusetts, in furnishing the State military forces lands chiefly suitable therefor " ; for duty on and around Boston Harbor under regulation 13 S. J. Res. 37. Joint resolution authorizing the Secretary of of the President's proclamation, and it was referred to the Agriculture to cooperate with Territories and other possessions Committee on Claims. of the United States under the provisions of sections 3, 4, and On motion of l\!r. WADS WORTH, the Committee on Military 5 of the act of Congress entitled "An act to provide for the Affairs was discharged from the further consideration of the protection of forest lands, for the reforestation of denuded bill ( S. 1130) to amend section 232 of the act of March 4, areas, fur the extension of national forests, and for other pur 1909 (35 Stat. L. p, 1134), forbidding the carrying of certain poses, in order to promote the continuous production of timber explosives on passenger trains, vessels, or vehicles used as on lands chiefly suitable therefor " ; and common carriers of passengers, excepting munitions of war and OONGRESSION AL RECORD-SEN AT:m .APRIL 9 'l7166 I small-arms powder, ammunition and ammunition components i>ided further, That allowances for subsistence shall not accrue to such shipped by the War Department or under its military organi an enlisted man wblle be is in fact being subsisted at Government zations or civilian clubs, or to individual members of the Na expense." tional Ri:tle Association, and it was referred to the Committee That the House recede from Its disagreement to the amendment of on Interstate Commerce. the Senate No. 7 and agree to the same with an amend~Mnt as follows; In lieu of the sum proposed insert "$11,964,391." CONTRACTS CONNECTED WITH THE PROSECUTION OF THE WAR That the House recede from its disagreement to the amendment of Mr. ODDIID submitted an amendment intended to be proposed the Senate No. 10 and agree to the same with an amendment as by him to the bill ( S. 8641) to amend an act entitled "An act follows : In lieu of the sum proposed insert " $14,626,230." to provide relief in cases of contracts connected with the prose That the House recede from its disagreement to the amendment of cution of the war, and for other purposes," approved March 2, the Senate No. 11 and agree to the same with an amendment as follows : 1919, as amended, which was ordered to lie on the table and to In lieu of the matter inserted by said amendment insert the follow be printed. Ing : " and of the said sum of $14,526,230, $30,000 shall be imme PROPOSED PHILIPPINE MISSION diately available for transportation of troops to and from the celebra tion commemorating the fiftieth anniversary of the Battle of the Little Mr. KING. lli. President, I send to the desk a · resolution, Big Horn." which I ask to have read and lie on the table. '..chat the House recede from its disagreement to the amendment of The resolution ( S. Res. 196) was read, as follows : the Senate No. 12 and agree to the same with an amendment as follows: Whereas it is reported that Carmi Thompson, Esq., of Ohio, has been In line 6 of the matter inserted by said amendment, after the word appointed by the President without authority of Congress and without " be," insert the following: "procured locally through National Guard the advice and consent of the Senate, to go to the Philippine Islands, officers whenever practicable and shall be." accompanied by a stafl' and retinue of experts, investigators, and clerks, That the House recede from its disagreement to the amendment of to make an investigation of conditions in the Philippine Islands and of the Senate No. 30 and agree to the same with an amendment as follows : the affairs of the Philippine government and to report to the President In lieu of the matter inserted by said amendment insert the follow I upon the policy of the United States as affecting the political independ ing: ·" $1,282,980, of which sum not to exceed $25,000 shall remain . ence of the Philippine Islands ; and avai1able until October 1, 1927, and may be used in completing agri " Whereas it is the exclusive f11nction of Congress, under the Constitu cultural research experiments in exterminating the cotton boll weevil." tion, to determine the policy of the United States with respect to the That the House recede from its disagreement to the amendment of rhiHppine Islands, and to make such investigations and visitations as the Senate No. 34 and agree to the same with an amendment as follows: 1t may deem advisable of the Territories and dependencies of the United In lieu of the matter inserted by said amendment insert the follow States; and ing: " $310,000 : Pr ovided, That not to e.'rceed $2,000 of this sum Whereas Congress has made no provision for tbe payment of the shall be expended for travel of officers of the War Department General expenditures of said Thompson and of bis staff: Now therefore be it Staff in connection with the National Guard." Resolved, That the Secretary of the 'l'reasury advise the Senate as to Mr. WADSWORTH. All these amendments were actually whether or not any funds in the Treasury are available for the payment agreed upon in conference between the Senate and the House, of the expenses of said Thompson and his staff under any existing ap but under the House rules they had to be returned to the House propriation act; and if not, what funds of the Government are to be for separate and distinct action. This accounts for the mes advanced or made available for the use of said Thompson and his staff sage just laid before the Senate. I move that the Senate 1n the premises ? agree to the amendments of the House to the Senate amend Mr. CURTIS. Let the resolution go over. ments. The VICE PRESIDENT. The resolution will lie on the table. Mr. WARREN. And this completes the bill. Mr. WADSWORTH. This list of amendments completes the COLORADO RIVER BABIN bill. Mr. JOHNSON submitted the following resolution (S. Res. The VICE PRESIDENT. The question is on agreeing to the 197), which was referred to the Committee on Printing: motion of the Senator from New York. Resoz,ved, That the report by F. E. Weymouth on the problems of The motion was agreed to. the Colorado River Basin, dated February 28, 1924, together with the ANNUAL REPORT OF THE ALIEN PROPERTY CUSTODIAN (8. DOC. NO. 04) reports prepared by William Kelly and Herman Stabler, respectively, The PRESIDING OFFICER ()lr. BLEASE in the chair) laid on special phases of the problems of the Colorado River Ba in, the before the Senate the following message from the President I report by the committee of engineers to the Secretary of the Interior, I of the United States, which was read, referred to the Com dated March 17, 1924, and the supplementary report by F. E. Wey mittee on the Judiciary, and, with the accompanying document, mouth, dated June, 1924, be printed with 1llustrations as a Senate ordered to be printed: document. To the Oongress of the United States: BRANCH BUILDING FOR FEDERAL RESERVE BANK AT DETROIT, MICH. In accordance with the requirement of section 6 of the trad The VICE PRESIDENT laid before the Senate the amend ing with the enemy act, I transmit herewith for the information ment of the House of Representatives to the joint resolution of the Congre s a communication from the Alien Property Cus ( S. J. Res. 61) authorizing the Federal Reserve Bank of todian submitting the annual report of the proceedings had Chicago to enter into contracts for the erection of a building under the trading with the enemy act for the year ended Decem for its branch establishment in the city of Detroit, 1\Iich., which ber 31, 1925. was to strike out the preamble. CALVIN COOLIDGE. Mr. COUZENS. I move that the Senate concur in the THE WHITE HOUSE, .April 9, 1926. amendment of the House. It is simply the elimination of the SENATOR FRO:M IOWA whereases. The Senate resumed the consideration of the resolution (S. The motion was agreed to. Res. 194) declaring Daniel F. Steck to be duly elected Senator WAR DEPARTMENT APPROPRIATIONS of the United States from the State of Iowa for the term be The VICE PRESIDENT laid before the Senate the action ginning March 4, 1925. of the House of Representatives on House bill 8917, the War Mr. WALSH. Mr. President, the controversy giving ri e to the pending privileged question before the Senate bas been Department appropriation bill, which was read as follows: narrowed down until it is now confined within \ery restricted IN THE HOUSE OF REPRESENTATIYES, UNITED STATES, limitS. The majority report Of the Committee On Privileges April 6, 1926. and Elections advises the Senate that, as computed by it, Mr. Resolved, That the House recedes from its disagreement to the Sterk has a majority of 1,420 votes. Within tho e are ill amendments o.f the Senate Nos. 22, 28, and 48 to the bill (H. R. 8917) eluded 1,344 votes which, if I have correctly appraised the entitled "An act making appropriations for the military and nonmili- temper of the Senate, ought to be accredited to Mr. Brookhart, tary activities of the War Department tor the fiscal year ending June reducing the-majority to 76 votes. SO, 1927, and for other purposes," and concurs therein. The condition of the ballots giving rise to the 1,344 disputed That the House recede from its disagreement to the amendment ot votes is undoubtedly perfectly understood. There was a cross the Senate No. 3 and agree with an amendment as follows: In lieu in the circle at the top of the Republican ticket, on which Mr. of the matter inserted by said amendment insert the following: Brookhart's name appeared as the candidate of that party for "Provided, That hereafter enlisted men, including the members of United States Senate. There were likewise crosses opposite the United States Army Band, entitled to receive allowances for the name of some of the candidates on that ticket but not quarters and sub istence shall continue, while their permanent stations opposite the name of Senator Brookhart. 1 remain unchanged, to receive such allowances while sick in hospital J The committee, as I understand, declines to give Senator or absent from their permanent-duty stations in a pay status: Pro- Brookhart credit for those votes, insisting that it was the 1926 CONGRESSIONAL REOORD-SENATE. 7167. intention of the voter manifested by the failure to put the which fall in elass 5, ought he not to invoke the same rule cross 011posite the name of Sena.to~ Brookhart not to vote to dispose of those that fall in classes 2, 4, 6, 7, 8, 9, 10, 11, for him. 12, 13, 14, 15, and 16? I merely desire to say in that connection, Mr. President, that 1\fr. WALSH. If anybody controverts those votes, 1 ~hall we must be governed in this matter, beyond question, by the be very glad to give my opinion about the matter. law of the State of Iowa. The question at issue with respect 1\fr. CARAWAY. They are in controversy. to those particular votes has been the subject of consideration Mr. WALSH. No one on this floor, so far as I know is by the courts of a number of the States. In the State of challenging the accuracy of the work with respect to those Colorado it was held that a ballot so marked-- branches of the case. Mr. CARAWAY. Mr. President, may I ask the Senator a Mr. CARAWAY. They were all challenged, but if the Sen- que tion before he proceeds along that line of argument? a tor wants to accep_t what the committee did with the other The VICE PRESIDENT. Does the Senator from Montana classes, the 1,344 votes make no difference. Give them to yield to the Senator from Arkansas? Mr. Brookhart and he still lacks 78 votes of having a plu- l\.1r. WALSH. I jield to the Senator. r Mr. CARAWAY. If the intent of the voter should govern, ra Ity. The Senator's position is that he is not going to look into then every ballot that has a legal defect should be excluded, any others, but is going to talk only about the 1,344 votes. should it not? Consider them in any way the Senator wants to and they Mr. WALSH. I did not catch the Senator's question. do not change the result. Mr. CARAWAY. I sa.y if the committee was wrong in Mr. WALSH. Mr. Pre ident, I merely desire to say that I accepting the intent of the voter, it should then have excluded can not talk about anything that has not been controverted every ballot that did not meet the legal requirements of the here. I have not been a member of the committee, and I have law, should it not? · not made a study of the individual votes to find out whether Mr. WALSH. I do not know how to answer that question. or not they have been correctly counted. I assume they have Mr. CARAWAY. If I may trespass a little further on the been because the accuracy of the work of the committee with Senator's time, one of two rules had to be adopted: Eithe~ respect to those does not seem to be challenged. \ the committee had 'to accept what it had understood to be the Mr. OARA WAY. Let me say a word further. I wish to ', rule of the Senate, namely, the intent of the voter, or to find undei'stand the Senator. If he accepts everything the com out what the legal act of the voter was. It had to follow one mlttee did except with reference to the 1,344 votes, it will or the other of those rules. Is it the contention of the Senator make absolutely no difference which way the Senator decides that the committee ought to have followed the legal rule and as to them, because they do not constitute a plurality. That given to the contestant and the contestee only such ballots as is the point I want to make clear. Is the Senator accepting they were entitled to receive under the legal rule? everything the committee did except as to the 1,344 votes? Mr. WALSH. I would not unde1·take to say that either one Mr. WALSH. I am accepting everything the committee or the other is to be done. The voter expresses his intent in did except with respect to- the manner prescribed by the law. My argument was to be Mr. CARAWAY. The .1,344 votes? to the effect that we must ascertain the intent of the voter Mr. WALSH. The 1,344 votes and the count from the pre- from what he did, in the light of what the law is. · cincts where the number of ballots in the box was less than 1\fr. CARAWAY. That is to say, in other words, that the the number of names on the poll list. voter has no right to have his intention translated into a ballot 1\fr. CARAWAY. Is the Senator going into all those? unless he did some legal act that would have made his vote Mr. WALSH. I am going into those; yes. legal? l\Ir. CARAWAY. I thought the Senator said he was going Mr. WALSH. It must be a legal vote as a matter of course. to discuss only the votes about which a controversy arose. Mr. CARAWAY. Does the Senator know, then, how many There never was a controversy about those before the com votes are credited to each party that do not fall within that mittee, because nobody raised it. But if the Senator is going class at all? into them, then he has to consider the machine ballots. I Mr. WALSH. No; I do not. presume he wants to treat them all alike. :Mr. CARAWAY. Would not the Senator want to know that Mr. WALSH. No; I do not have to. before he made up his mind, then, on which side he should cast l\.1;.r. CARAWAY. Oh, well-- , his vote in this contest? :1.\!r. WALSH. If anyone else wants to go into the machine Mr. WALSH. I can only make up my mind concerning the ballots and make an issue with respect to them, of course I ( controverted questions, of course. · shall direct my attention to that feature of the case, and I Mr. CARAWAY. I thought-- will try to decide the question as my judgment and my knowl- Mr. WALSH. Pardon me. There are a vast number of bal- edge of the law enable me to do it. Just now I do not know lots. that were passed upon by both parties and no record at of anyone who is challenging any work of the committee all made of them. I can not undertake now to speak as to except with respect to these n-vo classes of ballots. · them. I have got to accept what is before us with respect to Mr. CARAWAY. I wanted to ascertain the Senator's posi- those ballots. tion, and then I shall not interrupt him further. If there is Mr. CAR.A. WAY. Let me ask the Senator a further ques- to be any distinction drawn and he is going to accept the com- tion. mittee's findings in some particulars and reject them in others . Mr. W AI.. SH. I can pass upon only those ballots to which I was going to ask if the Senator thought the same rule ought our attention is called. not to apply to everything the committee did. Mr. CARAWAY. I thought that was exactly what the Sen- Mr. WALSH .. I think, as a matter of course, we ought to ator was denying to the committee the right to do. The com- go into everything that anybody challenges with respect to mittee passed only on those questions that the parties to this the work of the committee. If the work of the committee is contest brought to the committee, and they related only to 4,000 not challenged with reference to 300,000 votes, I do not see votes. Is the Senator in agreement with the committee that we any reason why anybody should go into the question of whether ought not to have raised any question that the parties did not or not those 300,000 votes were correctly assigned. raise? Mr. CARAWAY. Let me ask the Senator one more question Mr. WALSH. No; what I undertake to say is that there is a and I will be through. Did not the committee have the same question raised in relation to 1,344 votes. I insist that those right to accept what the board of auditors did as the Senator 1,34-! votes should be counted for Senator Brookhart. has to accept what the committee did, if nobody challenges it, Mr. CARAWAY. Under the legal interpretation? if no questions are to be raised except as to those about which :Mr. WALSH. Under the law they must be counted for Sen- there is a challenge? The board of auditors, who were hostile ator Brookhart. one to the other-- Mr. CARAWAY. Mr. President-- Mr. WALSH. Mr. President-- Mr. WALSH. Now, wait a moment. If there are any other Mr. CARAWAY. Let me say this and I will not interrupt ballots that are controverted in any way, I should be very the Senator further. There is not a vote awarded to Mr. glad to give my views concerning how those ballots ought to Brookhart that Steck's representative did not agree that he be counted. ought to have, nor is there a vote given to Steck that Brook- Mr. CARAWAY. The report shows and the record shows hart's representative and attorney did not say he ought to that there were 4,000 ballots that were controverted. The 16 have, except as to 4,000 votes. The Senator will find in the classes of ballots submitted by the attorneys appear in the record where Mitchell himself says the only thing is the record, and these 1,344 votes fall in class 5. Every class is Icount, and there may be a question as to two or three hundred as much before the Senator as the 1,344 votes. If the Senat9r votes, but he never did follow that up. Would the Senator is going to invoke the legal rule to dispose of the 1,344 yotes have accepted that statement2 1168 CONGRESSIONAL REOORD-SJTINATE Mr. W ALSIT. I was going to refer to that. As a matter Mr. WALSH. Mr. President, I thought I made that per of course, that involves the question as to whether with re fectly clear. It is a matter of no consequence at all, as I spect to the 76 plurality the count of the ballots in the box see it, that the statute was only 10 days old-- should be taken or whether the official count should be taken. Mr. CARAWAY. It was not that old. Of course I expect to talk about that. That is the only ques 1\Ir. WALSH. Or nine days, or whatever time it was, be tion, as I ~ee it now, that remains in this case. cause the statute simply expressed the law as the Supreme Mr. CARAWAY. Let me ask the Senator another question. Court of Iowa had declared it to be under the preexisting law. Where 198 ballots were absent the official count ought to have Mr. CARAWAY. May I ask the Senator another question? If that is true, then if there was no change in the statute, been accepted, ought it not? and you are willing to let the people in Iowa construe that Mr. WALSH. I think so. statute, the instructions that went to the voters were just Mr. CARAWAY. It was accepted, was it not? exactly opposite from what the Senator says the law is. Mr WALSH. I think so. 1\Ir. WALSH. I can not help that. Mr: CARAWAY. That is the only question about which they 1\Ir. CARAWAY. Of course, the Senator can not help 1t; differed. but I am asking him whether he believes that a voter ought Mr. WALSH. I will reach that in due time, but I was going to be disfranchised because the law officers of Iowa told him to say, Mr. President, when I was interrupted, that the intent how to vote, and the kind of law they had-the Senator says of the voter is, in my judgment, to be gathered from what he it was not changed-and the instructions that went to the did when he marked his ballot in the light of what the law in voters were exactly opposite from what the Senator says is 1·elation to the matter is. Attention has been repeatedly called the lnw in Iowa. He says tbe law has not been changed. to the statute but prior to the time this statute was enacted, Mr. WALSH. It has not. this very subj~t was a matter of consideration by the courts in Mr. CARAWAY. Is the Senator asking the Senate, then, a number of the Western States. In the State of Colorado it to disfranchi e the people of Iowa for obeying the law as the was held that a ballot thus marked was a nullity and signified officers of Iowa said they should? / that the voter intended to qualify the effect of the cross in the Mr. WALSH. No; I am not asking the Senate to disfran- circle. As they expre·ssed it, the special intent overruled the chise the people of the State of Iowa at all.' I am asking the j general intent expressed by the cross in the circle. That view, Senate to give expression to the choice of the people of tb~ ( however, was repudiated by the Supreme Court of the State State of Iowa according to the law. of Iowa, by the supreme court of my State, and by the Su Mr. CARAWAY. As they understood it, or a~ the Senaf'or preme Court of the State of South Dakota, all holding-and I understands it? shall not refer to the wording of the opinions, because they Mr. WALSH. As the law is. have heretofore been quoted-all holding that when the ballot 1\Ir. CARAWAY. But as they understood it, or as the Sena is marked with a cross in the circle, under the law it counts tor understands it? as a vote for everyone on that ticket, and the effect is not Mr. WALSH. I am unable, any more than the Senator is, changed by putting crosses opposite the names of any of the to say how they understood it. candidates on the ticket. That rule, so expressed by the Su l\fr. CARAWAY. Oh, no; the Senator can look at the ballot, preme Court of the State of Iowa under the old law, was and he can not miss it, because it is so absolutely plain that crystalized and made perfectly clear, as it seems to me, by the no one can misunderstand it. Here is what I am getting to: law under which this election was conducted, as is provided in If the Senator wants to say that this new code, which pre section 811 of the statutes: tends to prescribe three ways to vote a straight ticket without If the names of all the candidates tor whom a. voter desires to vote defining what a straight ticket is, shall receive his interpreta appear upon the same ticket, and he desires to vote for all candidates tion, then 900,000 voters voted under a misapprehension of what whose names appear upon such ticket, be may do so in any one of the the law was. 1\fr. WALSH. I do not care to enter into a discussion of that following ways 1 subject, .Mr. President. 1. He may place a cross in the circle at the top of such ticket Mr. CARAWAY. Pardon me; I asked the question because without making a cross in any squares beneath sald circle. I intend to discuss it. 2. He may place a cross in the square op~osite the name of ~ach Mr. WALSH. I can not convince myself that the Senate of such candidate without making any cross in the circle at the top the United States, any more than a judge of the State of of such ticket. Iowa, is entitled to disregatd the law of the State of Iowa 8. He may place a cross in the circle at the top of such ticket and in determining who is elected in that State under the laws of also a cross in any or all of the squares beneath said circle. the State as prescribed by the constitution. In any one of those three ways he may indicate that he Mr. GOFF. Mr. President-- desires to vote for all on that ticket. The VICE PRESIDENT. Does the Senator from Montana M:r. CARAWAY. Mr. President-- yield to the Senator from West Virginia? The VICE PRESIDENT. Does the Senator from Montana Mr. WALSH. I yield. yield to the Senator from Arkansas? Mr. GOFF. Do I understand the Senator's contention rela :Mr. WALSH. I will ask the Senator to pardon me just t:i"Ve to section 811 of the code of ~1924 to be that the three a moment. provisions there set out are mandatory or directory? Now, reversing the matter, let us try to get nt what the 1\fr. WALSH. I do not know how to answer that question. voter intended to do. If we find that he put a cross in the These questions seem to me rather difficult to understand. circle at the top of the ticket and did not do anything else, The statute says that i.f the voter desires to vote a straight we are forced under the statute to believe that he intended ticket, he may do it in any one of these three ways. If he to vote for every man on that ticket. If he put a cross oppo wants to vote a straight ticket, it appears that he must do it site the name of every man on the ticket but did not put in one of the e three ways, and to that extent it is mandatory. any cross in the circle at the top, again the statute forces us Of course, there 1s no mandate about it at all. He does not to assume that it was his intent to vote for every man on that have to vote at all if he does not want to. ticket. Finally, Mr. President, if he has put a cross in the 1\Ir. GOFF. If it were mandatory, then I infer that the circle at the top and then put a cross opposite the name of Senator would eliminate the actual intent of the voter as ex any or all of the candidates upon the ticket, then we are like pressed in one of the three methods of voting. wise forced to the conclusion under the statute, and the stat Mr. W ALSII. No; not at all. If he votes in any one of ute makes it our duty to assume, that it was his intent to those three ways, we are conclusively bound to presume that vote for every candidate upon that ticket. he intended to vote for everybody on the ticket. Mr. CARAWAY. Mr. President, may I ask the Senator a Mr. GOFF. Then the Senator would construe that it ls a question right there? mandatory provision. Mr. WALSH. I yield to the Senator. Mr. TRAMMELL. Mr. President, may I ask the Senator Mr. OARA WAY. This is a new code from which the Sen a question? ator quotes. It went into effect on the 28th day of October, Mr. WALSH. I yield. 1924, just six days before the election. The ~nstructions to the 1\!1·. TRAMMELL. The Senator says that it Is presumed voters must go to the wters and to the polling places 30 days that the voter intended to vote the entire ballot. Why should before the election. Does the Senator think a voter ought to the Senator presume that, any more than he should presume be di::!franchised because he was instructed to vote a certain that the voter intended to exercise his privilege under sec way, and voted according to the legal instructions given to tion 812 of voting part of a ticket only? These ballots show him, and a new code coming into effect, that be had never had that he intended to vote part of the· ticket only. an opportunity to see, possibly, prescribed ~ different rule? Mr. WALSH. Let us see. 1926 CONGRESSIONAL RECORD-SENATE Jl69 Mr. TRAMMELL. He was exercising his right under the I have here the case of Gelsthorpe against Dickerman in the law to vote part of the ticket only; and the Senator would Supreme Court of Montana; and the decision in that case was construe that he did not intend that, but that he intended to followed in the case of State v. Fransham, in nineteenth Mon vote the entire ballot. He is exercising one of his privileges tana, in which I am reminded by the record that I appeared under the statute, and the Senator would construe that to as counsel. mean that he intended to exercise the privflege of voting the So, if these 1,344 votes not counted for Mr. Brookhart by the entire ballot, when as a matter of fact he had just as much majority are counted for him, the apparent majority is reduced right to vote part of the ballot as he did to vote all of it. to 76 votes ; and as to those the question is determined by 1\Ir. WALSH. The Senator is quite right, that all parts of whether, with respect to those precincts in which the number the statute are to be. construed together. If he is right about of ballots in the box varied from the number of names on the section 812, as a matter of course, the argument which I made poll list, being either less or more, we must follow the actual falls ; but let us see wh:tt section 814 provides, as follows : count of the ballots that were returned to the committee by If the names of all the candidates for whom a voter desires co vote the local authorities or whether we must resort to the official do not appear upon the same ticket, he may indicate the candidates of count. his choice by marking his ballot in any one of the following ways. If we go according to the count made by the committee of the ballots which came to them, the seat belongs to Steck. That is to say, a man de ires to vote for most of the Repub If we go by the official returns from those particular precincts, lican candidates, but he wants to vote for a Democratic candi then the seat goes to Senator Brookhart. The whole question date for United States Senator. Now, he votes according to depends upon whether, in view of the shortage or the excess section 814, namely: of ballots, if I may so express myself, the official count must He may place a cross in the circle at the top of a ticket on which be resorted to. the names of some of the candidates for whom he desires _to vote Mr. GOFF. Mr. President, will the Senator yield? appear, and also a cross in the square opposite the name of each other Mr. WALSH. I yield. candidate of his choice whose name appears upon some ticket other Mr. GOFF. I was diverted a moment before the Senator than the one in which he has mat·ked the circle at the top. left the subject which he was discussing, and I wish to ask It is perfectly evident, Mr. President, that this particular the Senator what is the legal or intentioned purpose subserved voter did not want to vote for any candidate except the Re by permitting, or advising voters to physieally vote twice for publican candidate. If he did not want to vote for any particu the same candidate? lar Republican candidate, he likewise did not want to vote for Mr. WALSH. I do not know, except that the statute con his opponent upon the Democratic ticket or some other ticket. templated that a cro s in the circle meant a vote for all of Section 814 simply provides how he shall vote if he wants to the candidates under the circle, but quite likely it was found - vote for some candidates on one ticket and some candidates on that some voter wanted to make perfectly sure that he was another ticket; so he may place a cross in the circle at the top, going to vote for a favorite candidate, and so, to enforce the and he may place a cross opposite the names of candidates for thing, he put a cross opposite the name of his favorite candi whom he desires to vote for special places in the other ticket. date, or candidates, and it was not intended that he shoulcl be Mr. CARAWAY. 1\fay I call the Senator's attention to one disfranchised by reason of the fact that he had done so. thing in looking at the ballot? It is in section 1120: Mr. GOFF. Was it not the opinion of those in charge of elections, based upon actual experience, that such voters, If for any reason it is impossible to determin~ the voter's choice for whether they voted the Republican or the Democratic ticket, any office, his ballot shall not be counted for such office; but a mark in desired to register their political affiliations, and then, haYing the circle of any ticket on the ballot shall not be held to make it done that by placing a cross in the circle at the head of their impossible to determine the voter's choice. respective party columns, they were permitted. if they so Therefore it does not control. desired, to vote a second time for some one upon the ticket, Mr. WALSH. I referred, Mr. Pre ident, to the declsion of but that the main purpose was to register the political affilia the Supreme Court of the State of Iowa ; but I read just a tion of the voter generally, rather than specifically? sentence from the case of Whittam v. Zahorik (91 Iowa), Mr. WALSH. Of course, that is quite contrary to the stat decided a way back in 1894. I read from page 32 : ute, because the statute says that if a voter wants to vote for When the cross is placed in the circle preceding the party appella everyone upon the ticket he puts a cross at the top. The cross tion, the ballot so marked " shall be counted as cast for all the can at the top indicates that he desires to \Ote for everybody on \ didates named after that title," excepting, only, that when the name the ticket. It might be that if the Senator were framing the or names of one or more candidates on another ticket are marked, the stat-ute, he would frame it differently; but that is the law of ballot is to be counted for the candidates on the other ticket whose Iowa. names are so marked- Mr. l\1cKELLAR. Mr. President, will the Senator yield? 1\Ir. WALSH. I yield. That is the case referred to by the Senator from Florida 1\!r. McKELLAR. The Senator is discussing a question but the ticket in which the circle preceding the title is marked is to be which has troubled me very much; I think I have told him counted as cast for all candidates whose names are printed upon it, so privately. Does the Senator think that the 1,344 individ excepting those for offices for which names on another ticket were ual voters who voted the· ticket a c_opy of which is on the marl
1926 CONGRESSIONAL RECORD-SENATE .7173 Mr. LENROOT. They took the protested ballots from the Mr. WALSH. Who is controverting them? No question precincts where there was a discrepancy and put them into has been raised about them that I bave beard. the mass of ballots where there was no discrepancy, and con- 1\Ir. LENROOT. There is no controversy as to how they sequently we have no way of knowing as to the protested should be counted, if they should be counted; but there is a ballots. · controversy as to whether they should be counted at all or Mr. WALSH. What difference does it make whether they not in certain cases. were kept separate or whether they were put into the mass? Mr. WALSH. These 1,344 ballots are not in the count. Mr. LE~"'ROOT. It makes this difference, that if the Sena- Mr. LENROOT. I am not speaking of the 1,344; those are tor's theory is correct then those protested ballots are entirely settled; the 1,344 of the 6,000 as to which we have information out of the case, are they not? Because if we take the official -upon which we can pass our judgment ; b.ut even as to those return, then we ought to ha\e, for the Senate to pass upon, 1,344 they should not be all counted, because part of them the contested ballots that came from precincts where there come from precincts where the official count should be taken, was no discrepancy ; and those we have not got. and, therefore, they should not be considered if we take the Mr. WALSH. But no question is raised about those. official count. 1\Ir. LENROOT. Oh, yes; there are protested ballots, and we :Mt·. WALSH. I do not know ; that might be all right ; they do not know which is which. might be duplicated in some precincts; but I have no informa- 1\!r. GOFF. Will the Senator yield to me for a moment? tion about that . The PRESIDING OFFICER. Does the Senator from Mon- Mr. LE"NROOT. That is the point. Have we a record upon tana yield to the Senator from West Virginia? which we can pass any judgment? Mr. WALSH. I will yield in a moment. I may be exceed- Mr. GOFF. Mr. President, will the Senator from Montana ingly dull, but I do not follow the Senator from Wisconsin yield to me for a moment? at all. Mr. ·wALSH. If the Senator will pardon me a moment, that \ Mr. LENROOT. There were 789 precincts in which there might be all right; they might be duplicated in those precincts, were protested ballots, amounting to three thousand and odd but I have no information about that. in number. Then from the precincts where there were discrep- Mr. LENROOT. That is the point. It is a question of what ancies there ~ere 5,400 ballots. All the ballots of ~oth class~s we have here in the record. Have we a record upon which we \ C are put together in a common mass. If the Senator s theory 1s can base any judgment? correct-and I am inclined to think it is-how are we to deter- Mr. GOFF. Mr. President-- mine those contested ballots from the ballots from precincts Mr. WALSH. If the Senator will pardon me, I assume that where there was no discrepancy? if there should be any deduction from these 1,344 on account l\1r. WALSH. This is the way I see the situation: The count- of these five disputed precincts out of the 1,800, the fact would ers went on and counted the ballots concerning which there be called to our attention. was no controversy, both sides agreeing that a ballot waa l\1r. LENROOT. I was referring to the 1,068 precincts in either for Steck or a ballot for Brookhart or it was a ballot which there are discrepancies. for neither of them. There is no need of keeping those sepa- Mr. wALSH. But these 1,344 ballots came from the 1,800 rate. at all. precincts. l\Ir. LENROOT. No; I do not refer to those. 1\Ir. LENROOT. Certainly; all the paper ballots. l\Ir. WALSH. They may be thrown together. There are Mr. wALSH. Yes. certain ballots which were contested either by one or the other Mr. GOFF. Mr. President-- of the parties and reported, amounting to_ some 7,000 altogethsr, Mr. NORRIS. Mr. President, may I interrupt the Senator as my recollection is. Then the attorney for Brookhart and to suggest-- ! the attorney for Steck got together, going over the work of The PRESIDING OFFICER. To whom does the Senator the counters, and they agreed upon n large number of oth~r from 1\Iontana yield? ballots, and those djd not go before the committee but they 1\fr. wALSH. I yield first to the Senator from West Vir- went into the general heap. ginia. Then the committee classified into 16 different ciasses the Mr. GOFF. I wish to ask the Senator from Wisconsin if he contested ballots. They disposed of those ; they disposed of will kindly descend to a greater particularity in the question \ them apparently in a way that was entirely satisfactory to which he propounded to the Senator from Montana as to the ! both of the parties, and those went into the general mass. class of ballots to which he referred, as well as the precincts \ But with re pect to these two classes there is a controversy from which those ballots come. · here upon the floor. The question is presented as to whether or · Mr. LENROOT. l\Iy view is that if this question as to dis- not the 1,344 ballots, which we will say for the purpose of crepancy was to be raised, it was the duty of the committee or the case are in the general heap, should be counted. It does their subordinates to have segregated every protested ballot not make any difference whether they are in the general heap that came from a precinct in which there was a discrepancy, or whether they are in a separate package; the question is, because if the Senate shall follow the rule of law suggested Shall they be counted? by the Senator from Montana, then those protested ballots can Mr. LENROOT. That is true. not have any bearing on this case, because we take the official Mr. WALSH. The character of those ballots is fully dis- count. closed here. Mr. WALSH. I fully agree with the Senator that it may be Mr. LENROOT. Certainly. I am not speaking of those possible that the 1,344 should be depleted by- the number of ballots. those ballots which came from the precincts in which there Mr. WALSH. So that with reference to the ballots of the was an excess or a deficiency. other three or five precincts, why should they be kept? It is Mr. LENROOT. That is exactly the case; and the same i3 a simple question. We }lave the facts about the matter; we true of every other contested ballot. I do not see how we can could get no further even by an examination of the ballots. get a way from it. There is a shortage of 20 in one case, 22 in another, and 20 Mr. NORRIS. If the Senator will permit me, there- in another, comparing the ballots with the number of names Mr. WALSH. I yield. on the poll list. Now, why not put them into the general heap Mr. NORRIS. If the Senator's contention is right, would it as well? not follow that the Senator is up against an absolute impossi- Mr. LENROOT. Because the Senate is not following that bility to determine anything, and, therefore, that there is only theory in passing on any contested ballots. It is impossible on~ thing to do and that is to take the official count? for the Senate to do so, because the greater part of them 1\Ir. LENROOT. That is the natural conclusion, unless it is should not be considered at all under that view of the law, for possible to segregate these ballots and get the information. we take the official count that throws them out; otherwise we Mr. GOFF. Mr. President, if the Senator from Montana will are counting them twice. Is not that true? be good enough to yield further for just one other question, Mr. WALSH. I do not see that at all. as I understand the position of the Senator from Wisconsin, Mr. LENROOT. If we take the official count, and then it is confused in this: He refers to 1,068 precincts, in none of there are 10,000 contested ballots, and count them, too, are we which, as I understand-and in that regard I agree with the not counting the same ballots twice? Senator from Montana-were there any protested ballots. Mr. wALSH. But the 1,344 were not counted. He does not descend to the particular of showing any f~pe- . Mr. LENROOT. I am not speaking of the 1,344; I take the cifically protested ballot there. Senator's view as to them; but there are still a large number Mr. LENROOT. Yes: I gave the Senator-- of ballots, and we do not know to which class they belong. Mr. GOFF. Just one moment. The general argument which Mr. WALSH. No; there is no controversy here about those. has been advanced was that there was a shortage _or a dig Mr. LENROOT. Yea. crepancy between tl!e poll lists and the ballots in the official 7_174 OONGRESSIONAL RECORD-SEN~TE containers, and that that discrepancy had averaged, as th~ defective ballots and found enough to have accounted for Senato1· from Georgia so clearly stated yesterday, about 8 everything they wanted, barring some few mistakes that ballots plus to a precinct. There would be no opportunity for necessarily occurred. the counters or those representing the Committee on Privileges All those questions were before the r~count board, and they and Elections -to have segregated such ballots, because none passed on every one of them, and the committee let them of tllose ballots were protested 1 and when the Senator from settle every question in it. They settled definitely how nine Montana says there is no difference here now in allowing such hundred and ninety-some-odd thousand of them voted. There ballots, if they were ever identified, to go back into the general were 1,000,000 votes cas~ 1n ro·und numbers; and there was ;mass, I quite agree with his conclusion. not a vote given to Steck that Brookhart did not agree he· Mr. LENROOT. Will the Senator yield? ,; ought to have, and there was not a vote given to Brookhart Mr. GOFF. Certainly. that Steck did not agree he ought to have, until we get down Mr. LENROOT. I rely wholly upon the statement of Mr. to 4,000 votes; and they were before the committee, and they Turner that, tootead of there being no protested ballots nom are before the Senate. those 1,068 precincts, his report sho~s that there were 5,463 Mr. LENROOT. Mr. President, will the Senator yield for protested ballots 1n those 1,068 precincts. one other question? Mr. WALSH. But those protests were all disposed of. Mr. WALSH. I yield to the Senator from Wisconsin. Mr. LENROOT. Disposed of by agreement that if they were Mr. LENROOT. I should like to get some information from to be counted they should be counted ·in a certain way, but not the Senator from Arkansas. Here were 9,000 contested ballots. disposed of if the theory of law proposed now is to be accepted. Mr. CARAWAY. Yes, sir. Mr. GOFF. I will say to the Senator from Wisconsin that Mr. LENROOT. Does not each ballot show on its face the they were so disposed of, and those ballots to which he refers county and precinct where it belonged? were among the protested ballots which were disposed of by the Mr. CARAWAY. Absolutely. supervisors with the full knowledge and consent of the attor Mr. LENROOT. What makes the impossibility, then, of neys for the contestant and contestee. getting the facts about these pt·otested ballots? Mr. LENROOT. Mr. President, let me ask the Senator a Mr. CARAWAY. I do not know that anybody has said that question. Those 5,463 ballots, then, were- counted for either it was impossible, except this: These 990,000 votes were mixed. Brookhart or Steck? Some of them have been sent back to Iowa. Whether others have been properly cared for or not, nobody knows. The Mr. GOFF. Yes, sir. envelopes in which they have come have been torn up in some Mr. LENROOT. Then if we now take the official returns instances, and in some instances they are here yet. All the from those 1,068 precincts, we will be counting twice to that extent, will we not, .in arriving at a result? things that would have made certain the ability to determine exactly whether or not there was a discrepancy are gone . .Mr. GOFF. That would not ne~essarily follow, because that There was a difference, because you can take Brookhart's would involve the speculation as to 'Yhether or not the official sworn statement of how many votes he got and how many count in all of those precincts exceeded the recount. Wherever 1t did not, of course, there would be no duplication; but if Steck got, and each of them is found to have been entitled to there was a difference or a discrepancy, there would be a more votes than that by more than a thousand-between three and four thousand votes between them. So everybody knows duplication. that the official count was wrong; and in nearly every town Mr. CARAWAY. Mr. President, may I ask the Senator a ship in which they went the men who were selected by the question at that point? contestant and the contestee and their lawyers went over them Mr. WALSH. I yield. and admitted that they had been counted wrong, and brought .Mr. CARAWAY. Anybody who insists on taking the official in a different result and assented to it. count must insist, then, on having votes given to one party or Mr. HOWELL. Mr. President, what precincts were those? the other that he knows were not cast for him, because the Mr. CARAWAY. All the 1,068, and the machine ballots. official count shows that some votes were counted for Mr. Everything that was done was agreed to. Not one of these Steck that he never received, and that some votes were counted 4,000 votes, in round numbers, could have gone· into Mr. Steck's for Mr. Brookhart that he never received. To insist on going column unless a representative of Mr. Brookhart agreed that back to the official count in those townships is to insist on let he was entitled to it and unless the Secretary of the Senate ting the election be decided by what we know is an error of agreed that he was entitled to it, and the representative of Mr. / the official count ; is it not? Steck, of course, ·agreeing to it; and then their lawyers had to J Mr. GOFF. Of the official managers in Iowa. ratify what was agreed to. Mr. CA.RA WAY. Absolutely. The Senate must accept that, Mr. LENROOT. Are the e 9,000 contested ballots still kept and must decide the contest on several thousand fewer votes segregated? than we know now to have been cast. Mr. CARAWAY. No; they are not, as I understand-- 1\fr. LENROOT. The Senator will agree that we ought not Mr. WALSH. Mr. President, I have been reasonably cour- · to take the recount and then add to that the 5,000 ballots that teous, I think, in permitting discussions in the course of my have been recounted. argument. Mr. CARAWAY. Absolutely. Mr. CARA. WAY. I beg the Senator's pardon; I just want to Mr. LENROOT. That is the point I am making. answer that one que tion, but I will refrain from doing so. l\lr. CARAWAY. You ought not to have the advantage of Mr. HOWELL. Mr. President-- the objected-to ballots, and have them added to your plurality, Mr. WALSH. Does the Senator desire to a k me a ques and then go back and insist on the official count, which also tion? If so, I yield to him. increases it. There ought to be no recount, or there ought to Mr. HOWELL. W1ll the Senator allow me to make a state be a complete recount. · ment in reference to the machine ballots and the protested Mr. LENROOT. If the theory of law proposed by the Sena ballots? . ' tor from Montana is correct, then for the Senate to pass an Mr. WALSH. I would rather not have that done at this intelligent judgment those ballots will have to be segregated, time. It is aside from the argument that I desire to make. and we will have to find out how 1t is agreed that those bal Mr. President, I agree with the Senator from Wiscon in that lots, coming from these precincts where discrepancies occurred, to arrive at the correct result such ballots within these four were in fact counted. or five disputed precincts as were marked as the general 1,344 l\Ir. GOFF. Does the Senator refer to the 3,570 ballots? were marked and were not counted for Brookhart should be Mr. LENROOT. No; I am not referring to the discrepancies deducted from the total vote given to Brookhart, becau e other at all. I am referring merely to the protested ballots from wise there would be a duplication there; but, Mr. President, precincts where the1·e were discrepancies. · it does not change the situation at all, because it is utterly Mr. CARAWAY. There were 9,000 protested ballots. They impossible for us to determine how many .such votes were cast are taken from all the paper ballots. There were discrepancies in those four or five precincts. Con equently we are unable in the machine vote. Mr. Brookhart gained 774 votes upon to determine the exact result, so that the situation is not the recount or the rereading of the machine ballots. There changed at all by reason of that fact. That is to say, we are 1,056 or 1,068 precincts in which there was a discrepancy do not know how many such ballots there were there, and from 1 vote up or down, one way or the other. consequently we can not determine the exact amount. I can I do not- think there was a single lost ballot. I think if not believe that in tho.,e five precincts out of all the ballot they had wanted to raise that question-which they did not precincts the number could be very con iderable. want to raise, although they knew it from the beginning Mr. CARAWAY. May I ask the Senator why he segregates they could ha-ve examined the poll list or examined the the five precincts and differentiates them from any other pre envelopes that contained what are called spoiled bB:llots o~ cincts? 1926 OONGRESSION AL RECORD-SENATE .7175 Mr. WALSH. I differentiate those beeanse those are the I can not understand how anyone ean contend that there had only ones tllat are before- us. been theretofore or that there was then any waiver t>f this Mr. CARAWAY. No; the Senator knows, if he will read point. the brief of his own conteStee, that other precincts were in Mr. OAR.A. WAY. May I just say1 with all due deference, tlult exactly the same. condition. the Senator himself said that he was estopped if he had agre.ed :Ur. WALSH. Yes; I understand that. In 1,068 precincts to the manner in which they brought them here1 there was a discrepancy between the number of names on the Mr. WALSH. I have discussed that. :poll list and the number of ballots in the box. I had purposed Mr. CARAWAY. I know it. to refer to that as my argument progressed, and it has been Mr. GOFF. Mr. Pre"ident, will the Senator yield for a. somewhat chopped up thus far. question? The point I was making, Mr. President, was that in view Mr. W .A.LSH. I yield. of the way in which the contest proceeded-and it was the Mr. GOFF. It is disclosed by the record that the contestant only way, in substance, in which it could proceed-the fact that and the contestee were represented by experienced, competent. Brookhart agreed to appoint a man who was to assist in and reHable supervisors. As the recount of the votes pro counting the votes as they were returned is by no means an gressed these supervisors reflected on the work sheet what ag11eement that he was going to accept the count of the ballots the vote from the different precincts disclosed. in the box rather than insisting thet the official count should Mr. WALSH. And they reflected on the work sheet that oo taken. I see nothing approaching a disregard of any with respeet to these precincts there was a discrepancy be stipulation in that particular. tween the number of votes in the box and the number ef names Mr. C.A.RA WAY. Mr. President,. may I ask the Senator on the. poll list. · . a question? Mr. GOFF. Wherever that occurred Mr. WALSH. Yes. Mr. WALSH. Yes. M.r. OAR.A. WAY. After everything was known about this Mr. GOFF. Do I understand the Senator to contend that matter that the Senator from Montana now knows, Mr. these supervisors did not, as a matter of fact, disclose to their Mitchell, who represents M:r. Brookhart, said " There is not respective principals the condition of the recount as it pro anything in dispute now except possibly two or three hundred gres ed? If they did, as a matte1· of fact-because in law the votes and how these 9,000 votes ought to be counted.n If principal was presumed to know-would it not have been open the Senator will examine the record, be will find that the only to the attorneys to have them came before the committee as the thing the committee undertook to pass upon was a straight recount progressed and have raised these very questions which recount. That appears in the record. I can get the page in a were subsequently s~ggested to the subcommittee in a general moment. He said the only thing was a straight recount. I objective form? will not interrupt the- Senator, but I will indieate tlle page in Mr. WALSH. I do not know. They might have done that; the record later. but they did not do it. Mr. WALSH. In that situation of affairs', all that could Mr. GOFF. If they did not do it, did they not refrain from be done was what was done, to note on the work sheet the doing it presumably because they were satisfied with the re number of ballots in the box and the number of names on countr as they were making that recount subject to such pro the poll list. The only time when the question could be pre- tests as they recorded upon the work sheets? sented was after the counters had reported their proceedings, Mr. WALSH. Exactly; they were perfectly satisfied with the recount of the ballots in the box. No- one questions that at and what they found, to ~he committee. When they did that, the colloquy occurred, which appears at page 63. alL That is what they were there for, to satisfy themselves Mr. C.ARA WAY. That is when Mr. Mitchell said the only concerning the status of the ease as disclo ed by the ballots in thing was a question as to two or three hundred votes? The the box. They also noted on the work sheets that the ballots whole matter was known t9 him then. in the box did not conform to the number of names on the poll list, and at the first opportunity when the matter came. before Mr. WALSH.. Exactly. That is what I am trying to say~ the committee they called attention to that fact, as I now pro that the first time when it could be appropriately done the attention of the committee was called to the fact that there ceed to. Iead, as appears on page 63: was a discrepancy between the number of names on the poll The C'R.!.mMAN. And those who are interested tn the contest were lists and the number of ballots in the box. also permitted to go over them with you? llr. CARA W .A.Y. I can not let that go unchallenged be Mr. PARSOKS. Yes. Tbey have not been heard, but I suppose they cause it was agreed that everything they wanted to object to have that right. they mus object to, and as to e-very vote they did not expect The CH..URMAN. They have not requested it? to concede they must file their objection. They let all the M.r. PARSONS. No. votes in these precincts be counted, and they took a vote from Senator WATSON. In other words. tbey are not interested 1n count this and that township and made up an official lot of disputed ing the ballots, but they come in on another issue. ballots, and came with them to the committee and said, " These Senator GEoRGE'. All of the ballots cast in the election bave beea:. are all we want you to pass upon." Then Mr. Mitchell said brought to Washington and have been gone over? .. Possibly there may be a question of two or thr~ hundred That appears to have been the first knowledge be had of the votes." I myself asked him if he wanted to take any evidence thing. I continue : with reference to them, and he sa]d no. He never again lli. PARS. Section 444 reads as follows : Mr. WALSH. Not at all; that is just the point I am goin~ Any voter entitled to receive a ballot under the provisions of this to make. It does not necessarily involve fraud at all. It may chapter shall be allowed to enter the space inclosed by the guard rail. easily be a mistake. It may be a mistake in the poll list, or it One of the judges shall give him one, and only one, ballot, on the back may be a mistake in getting the ballot into the box. of which such judge shall indorse his initials in such manner that Mr. JONES of New Mexico. But suppose it occurs in this they may be seen when the ballot is properly folded, and the voter's way : That the official count shows one less than the number of name shall immediately be checked on the registry list. The name of ballots in the box. In that case would you accept the official each person, when a ballot is delivered to him, shall be entered by count, when the number of ballots in the box actually was each of the clerks of election in the poll book kept by him in the place greater? provided therefor. Mr. WALSH. Certainly you would accept the official count, because you would not know whethel' the one wa · put in as a There are two judges of election, as I understand, and each duplicate ballot by some one, or whether in some way or othei' of them puts down the name of the voter when the ballot is there was a. mistake in the poll list. given to him. 1\Ir. JONES of New Mexico. Then, is not this the effect, The next section, 445, is as follows : that you have to accept all the mistakes of the election judges On receipt of the ballot the voter shall, without leaving the inclosed in such case, in the absence of proof of fraud, and not take space, retire alone to one of the voting booths and without delay mark a count of the ballots? his ballot, and, before leaving the voting booth, shall fold the same Mr. WALSH. Let us dismiss tlle matter of fraud. Let us in such manner as to conceal the marks thereon, and deliver the same say it is a mistake. The question is, Was the mistake made by to one of the judges of election, but the number of the voter on the the clerks in copying the poll list, or was the mi~take made poll books or register lists shall not be indorsed on the back of his by the voter in putting two ballots into the box instead of one? ballot. One of the judges of election shall thereJ.Ipon, in the presence Mr. JONES of New Mexico. One thing, it seems to me, is of the voter, deposit such ballot in the ballot box, but no ballot without perfectly established by the official count, that the number of the official indorsement shall be allowed to be deposited therein. The ballots which got into the box are there, and what the clerks voter shall quit said inclosed space as soon as he has voted. Any may have done with the poll list is quite another thing. voter who, after receiving an official ballot, decides not to vote, shall, l\Ir. LENROOT. l\Ir. President, may I correct a ..., tatement before retiring from within the guard rail, surrender to the election I made just a moment ago with reference to ·wapello County, officers the official ballot which has been given him, and such fact shall Center Township? I find by computation that the Senator be noted on each of the poll lists. A refusal to surrender such ballot was correct, and I was not. There was a shortage of 22 bal shall subject the person so offending to immediate arrest and the pen- lots. That 22 votes is included in the 624. There was a alties provided in this chapter. No voter shall vote or offer to vote shortage of 22. I thought that 22 ballots were not included any ballot except such as he has received from the judges of elec- in the 624, but they are included. So it makes a . shortage of tion in charge of t11e ballots. No person shall take or remove any 22 ballots. ballot from the polling place before the close of the poll. No voter ,. l\fr. GOFF. May I ask the Senator from Montana a ques shall be allowed to occupy a voting booth already occupied by an- tion? other nor remain within said inclosed space more than 10 minutes, l\Ir. WALSH. I yield. nor to occupy a voting booth more than five minutes, in case all of I l\fr. GOFF. Do I understand the Senator to contend that if said voting booths are in use and other voters waiting to occupy the there is an official count, and the official count has been made, same, nor to again enter the inclosed space after having voted: nor and there is no question as to the custody of the ballots, and shall more than two voters in excess of the whole number of voting I a recount is ordered, if the recount disagrees with the official booths provided be allowed at any one time in such inclosed space, j count, and there is a question of discrepancy between the poll except by the authority of the election officers to keep order and l list.'3 and the ballots in the box, the official count is the superior enforce the law. count, and should be taken, in such a state of facts? Now, observe, l\Ir. President: He is handed the ballot. Each I M~. WALS.H. Yes; because you could not tell which is cou of the clerks enters his name on the poll list. He goes within trolling, the ba~,ots in the box or the names on the poll list. the inclosed space, and if he changes his mind and does not Mr. GOFF. Ihen the Sena~or from Mo~tana would contend desire to vote, he comes back, and he is obliged under the I that the firs; count, of necessity, was more accurate than the I penalty of the law to deliver up the ballot that he got, so that I second count· T J there can be no discrepancy between the number of ballots . Mr. WALSH. No; I do n?t contend anytJ;Ilng.of the kind. I ( in the box and the number of names on the poll list if the stmply contend that the offict~l count is not Impeached. . law is carried out, except the fact be noted upon the poll list l\1r. GOFF. And the offiCial c?unt. ~~omes better evidence that the voter gaye up his ballot. than the ballots . themselves, which rnitlally were the actual l\Ir. JONES of New Mexico. 1\Ir. President, of course, I source of the official count. understand that there should be an agreement between the Mr. W A.LSH. Better than the ballots, because you do not number of ballots and the number of names on the poll list; know whether all the ballots are th.ere or not. . but it appears in this case that there are about a thousand of Mr. GOFF. But I assumed that m my question. the precincts in that State where there is a discrepancy. ~"hose l\ir. WALSH. Oh, yes; you assume~ that, but you. must not thousand precincts constitute a very, very considerable portion assume it if they do not correspond With the number of names of the precincts in the State. How could a contest be e:ffectu- on the poll lis~, because the number of names on the poll list ally carried on in the State of Iowa involving a miscount by 1 is as good e:Idence concerning the number of b~llots there the judges of election if as a matter of fact there is a variance ought to be m the box as the ballots that are m the box of 1 or 2 or 3 votes in a precinct? Does not the Senator agree themselves. that it would be- impossible in such case to obtain any evi- Mr. GEORGE. That is just the point; the Senator now says dence of any character to explain why that discrepancy oc- they are as good evidence concerning the number of ballots cur-red? there ought to be in the box. The Senator just a while ago referred to one precinct where Mr. BROUSSARD. Mr. President-- the discrepancy is one ballot. How could the count of that The PRESIDING OFFICER. Does the Senator from Mon- precinct ever be contested, in the courts of Iowa or anywhere tana yield to the Senator from Louisiana? else? l\fr. WALSH. I yield. 1\fr. WALSH. Mr. President, if it were shown that the bal- Mr. BROUSSARD. I would like to hear an explanation on lots had been most carefully preserved, and perfect proof had the part of those who are maintaining that the ballots are the been made that there was no opportunity of tampering with primary proof when you come to a recount. I am perfectly the thing at all, and the one vote did not make any difference 1n willing to admit that when the supervisors of elections, when the result, as a matter of course, you could not. confronted with a discrepancy between the poll list and the l\Ir. JONES of New Mexico. But suppose the one vote did ballots in the box, have not turned aside to do anything else, make a difference. · but have counted the ballots, in that particular count the bal- Mr. WALSH. Then you could not determine which was lots should control; but if 6 or 8 or 10 months afterwards those correct, and the official count would have to control. You ballots are ordered to be sent elsewhere, how can it stlll be could not tell then whether it happened that one ballot, instead maintained that the ballots are the primary proof unless it is of being put in the box, slipped down on the floor and did not , established that the ballots have not been disturbed and that get into the box, or whether, in some way or other, they had the same number of ballots Is in the box? duplicated a name on the poll list. You could not tell which l\fr. WALSH. Of course, the judges of election in each pre was the case, and accordingly the official count would have to clnct seal up the ballots, presumably, string them on a wire, be taken. twist the wire around, seal up the wire, and send them to the Mr. JONES of New Mexico. Then, in the absence of some county auditor by messenger. We have heard about frauds in PI:Oof of f.!au!!-- elections. The messenger who carries them to the county seat · 1926 CONGRESSIONAL RECORD-SEN ATE 7181_ may have tampered with the ballots en route. They go to the election shall be set aside as to him in that precinct, and a new elec county auditor's office. We have heard about the tampering tion ordered therein ; but no person residing in another precinct at with returns in the county auditor's office. They are trans the time of the general election shall be allowed to vote at such special ported from there to Washington. The evidence is quite clear election. that they could not have been disturbed COll!ing from Iowa So that regardless of all the care that is taken to see that to Washington, but they are in the custody of the auditor in the number of votes in the box corresponds with the number Iowa. Now, the question arises, not at the very time the of names on the poll list, it is recognized that error may count is being made but six months after, after that course occur in the poll list, and error may occur in the number of was pursued, as to whether the poll lists mean anything at ballots in the box. all or not. That is the question here. The attention of the Senate was called by the Senator from l\Ir. GEORGE. Only in the case of overage. Georgia to section 466, showing that, of course, some error Mr. WALSH. That is all; that is all that is provided for. Mr. GEORGE. Let us consider that for just a moment, if might occur in the poll lists. It provides: it will not interrupt the Senator. When the poll is closed the judges of election shall forthwith Where there are more ballots in the box than names on the and without adjournment canvass the vote and ascertain the result poll list, it is possible to check and discover the error. There of it, comparing the poll lists and correcting errors therein. fore the law of Iowa recognizes what is to be done, even to That is to say, it is contemplated that errors may occur. the extent of invalidating the whole election and holding a What do they do to correct those errors? One poll list is new election, if there is an overage, because each ballot in the checked against the other poll list and if any one judge has box must bear the mark of the election judge. Therefore, if put a name down twice it is disclosed by the other poll list. there are more ballots in the box than names on the poll list, If one man has the name down as " John Jones," when it you would reject any ballot that did not bear the judge's mark. ought to have been "John Smith," the poll lists are changed You would make every reasonable effort to reconcile it. But accordingly until the two conform. That is the duty of the finally, if there were more ballots in the box bearing the mark judges before they do anything else. I called attention to the of the election judge than names on the poll list, and that statute of my State, and of the State of Wisconsin, where it was a material and determining question in the election, even is provided that the pol1 lists must be changed so that they the law of Iowa would go so far as to require a new election shall conform. If they do not, one of them must be wrong. for that particular office. But not one word is said about M.t BAYARD. Mr. President, after the judges have made what is to be done if there is a shortage in the box. Why? . a comparison between the poll lists, do they then compare the Because under no conceivable rule, unless there happened to number of ballots in the box with the number of names on the be a witness who observed an actual fraud being perpetrated, poll lists under the Iowa law? would there be any way to check it. Mr. WALSH. There is no specific provision in the Iowa law Mr. WALSH. Of course, it would not be known how the with respect to that, as there is in the Wisconsin law and in extra man whose ballot did not get into the box had voted. the Montana law. ~Ir. GEORGE. Not unless somebody was able to positively Mr. BArARD. There is no check, then, as to the number of testify about an actual fraud. ballots in the box and the number of names on the poll list l\Ir. WALSH. That is an improbability. under the Iowa law? Ur. GEORGE. Which, of course, would rarely occur. Mr. WALSH. There is a perfect check, because the judges Therefore, under the law of Iowa, it seems to me perfectly are obliged to report every ballot. clear that the State of Iowa does not recognize the poll book Mr. GEORGE. Mr. President, may I interrupt the Senator as being controlling, if there happen to be a few less ballots there? in the box than names on the poll list, but it does recognize Mr. WALSH. I yfefd. the contrary of that proposition as being very material, and, Mr. GEORGE. There is a ·requirement in the Iowa law that as I hied to point out yesterday-and I want to direct tile if there is an excess of ballots over the names on the poll Senator's attention to it now-there is provision made in the list-- law for the placing of every man's name on the poll list when \ Mr. WALSH. I am going to call attention to that. he gets his ballot, but there is al o a provi ion in the law that \ Mr. GEORGE. They are to report that? if he spoils that ballot he may come back for another. There \ Mr. WALSH. I shall refer to that next. is even a provision that he may get three ballots or more if he l Mr. GEORGE. I think it is perfectly manifest why that pro spoils any. i vision is made as to an excess and as to why there is no pro Mr. WALSH. The spoiled ballots are retm·ned. vision with reference to any shortage. Mr. GEORGE. Yes. There is an additional provision in the Mr. JONES of New Mexico. Mr. President, will the Senator Iowa law that certain ballots given over to the voter, and yield? whose name presumably has been placed on the list, arc Mr. WALSH. I yield. never returned by the judges of election. They never enter Mr. JONES of New Mexico. Does it not appear here that the package which they are required to seal, but some of them the judges did not do what the Senator says the law required actually go back to the public printer. them to do, namely, :find out whether there was a discrepancy Mr. WALSH. No; not the public printer. They go back to between the number of ballots and the poll list? It does appear the officer who sent them, and that is the county auditor. here that there is a discrepancy between the so-called official Mr. GEORGE. Let me put that in the RECORD. They go count and the poll list. back to the officer or authority charged with their printing Mr. 'VALSH. Yes; there is. and distribution-not to the public printer. I merely called Mr. JONES of New Mexico. Therefore, the judges of elec him that. tion did not do that thing at the time. l\lr. WALSH. I suppose probably there is some reason for Mr. WALSH. It is perfectly obvious that mistakes were the law which requires the poll lists to be kept, but according made in all these proceedings. The question is, where were to the contention of my esteemed friend, the Senator from the mistakes made? The Senator from Georgia insists that Georgia, we are utterly to disregard the poll lists and they the mistakes must have been made in the poll list. I insist mean nothing at all. It does not make a bit of difference that there is no more probability of that than there is that the whether the number of ballots in the box as returned here is mistakes were made in the number of ballots that were in the greater or less than the number of names on the poll lists. box. Indeed, I insist that because one poll list is checked That makes no difference. We are utterly to disregard the against the other poll list, the probability of the poll list being poll lists. That is the argument that is made here. But how correct is greater than the probability of the number of ballots did the committee act with reference to the matter? in the box being correct. l\Ir: GOFF. Mr. President, may I ask the Senator a ques It is indicated that, regardless of all the care that is taken, tion? errors may creep into the poll lists. But the law also recog Mr. WALSH. I will yield ln just a moment. Under the nizes that errors may occur in relation to the number of bal supervision of the committee the stipulation appearing at page lots in the box, because-- 54 was entered into to the effect : 1\Ir. GEORGE. Right on that point- • Mr. W.A.LSH. Let me call attention to the statute first. It That there shall be subpcenaed and transmitted to the Sergearrt at provides: Arms of the Senate of the United States all paper ballots from each and every precinct of the State of Iowa where such ballots were eiii' I! the ballots for any officer exceed the number of the voters on ployed in their original packages as are now in possession of the several the poll lists such fact shall be certified, with the number ()f the county auditors, together with all registration books, poll books, tally excess, in the return, and if the vote ()f the precinct where the error sheets, and other books and documents of every kind and character occurred would change the result as to a county officer, i! the person whatsoever used or employed in connection with the general election appearing to be elected were deprived of so many votes, then the held on the 4th day of November A. D. 1924 aforesaid. 7182 CONGRESSIONAL RECORD-SENATE APRIL 9 The committee issued a subpama commanding the auditors filet between the recount and the official count, would the Sen to send to the Senate of the United States the poll lists pre ator then contend that the poll books would be the best evi pared in accordance therev'iith. What did they want them for? dence of election? 1\lr. GEORGE. 1\Ir. President, I hope the Senator will par Mr. WALSH. If the official count gave a certain number of don me, but it ought to be stated as a fact, which is a fact votes as being the total number of votes, and there was a from actual verification, that in Iowa the poll lists and the different number on the poll list and a still different number tally sheets on which the managers count out the election are in the box, I should say that it would be impossible to say kept in one specially prepared book. They are not separately which would be the better proof-the number of ballots in the kept as in most States. Even the certificates of the election box or the number of names on the poll list-and the proof by judges all go into the one book. They are all included in one the official return would not be overcome. book. It is not a matter of great importance, but the fact is Mr. GEORGE. Mr. President, in order that I may under that that seems to be the practice, whether so required by the stand the Senator, and I want to get his point, may I state that law, because the poll books were in that condition. I understand the Senator to take the position finally that the 1\Ir. W ALSII. Still the committee felt it . necessary specifi poll book-- cally to require the production of the poll sheets, and yet 1\Ir. WALSH. I think "finally" is the same as "fir 'tly." when they got here we are told that they have no significance Mr. GEORGE. His position is that the poll books are wLate\er. the better evidence ; that is, better than the ballots. I under 1\lr. GEORGE. Oh, no; I do not thlnk the Senator should stand the Senator to take the position either, firstly or finally state it that way. ! meant nothing by "finally," because I meant only to wave Mr~ WALSH. I would be very glad to have the Senator aside the preliminaries upon which the Senator bad proceeded expre s what the committee had in mind. up to that point only. I understand the Senator's position to ML". GEORGE. It never has been my contention that they be that the poll lists are better evidence of the number of had no significance whatever. They are undoubtedly kept for people who voted than are the ballots. the purpose of preventing repeating and to catch up as much l\fr. WALSH. I was about to say that after these ballots fraud as possible, if any were attempted. had passed through these ·various channels-- 1 1\fr. WALSH. I am not speaking of the significance they 1\fr. GEORGE. We will narrow it down to the pre~ent , had in Iowa. I am asking what significance they bad here. time and as assuming all we know about it, whatever it is, ( 1\Ir. GEORGE. Thf'y have the significance here of being a the Senator contends that now the poll books are better evi part of the record. We simply took the position, justified, as dence than the ballots in the boxes or the number of people \Yho I think, by the law of Iowa, that in the event of an irrecon voted in the election. cilable difference between the mere poll list and the ballots in Mr. WALSH. I think so. the hox, the ballots are the higher and better evidence, not llr. GEORGE. That is the Senator's position? that they have not any significance but that they are not Mr. WALSH. I think so, and I was about to say why I to be considered as any other document bearing on the election. think so. It is because the only way the discrepancy can be 1\fr. GOFF. 1\lr. President, I ask the Senator if he will reconciled is that the judges of election put down on the poll yield to me now? books the names of more voters than actually deposited ballots 1\lr. WALSH. Yes: I yield to the Senator. in the box. The learned Senator from Georgia on yesterday l\fr. GOFF. In this connection would it be too diverting for argued that that was the reasonable explanation of the matter ; the Senator from l\fontana to state by what legal principle, that they put more names down than voted. But let me call assuming the absence of fraud, he considers the poll list attention to the fact. better evidence than the ballots in the box? Mr. JONES of New Mexico. Mr. President, is not that a 1\Ir. WALSH. I was just going to try to state that. In view reasonable presumption in view of the fact-- of the requirements of the Iowa law to the effect that the 1\lr. WALSH. I am going to discuss the rea onableness of name of the voter, as he gets his ballot, must be entered by it right now. two clerks, and that after t;he voting is completed these poll Mr. JONES of New Mexico. Is it not the reasonable pre lists must be checked against each other, I insist that they are sumption in view of the fact that the election judges in Iowa better evidence of the number of people who voted at that found fewer ballots than appeared on the poll lists, and now election than the ballots, which come here six or eight months upon a recount here we find fewer ballots than appear upon the poll lists? Therefore, is it not a reasonable thing to pre (I after an election, passing through the channels to which I have heretofore adverted. sume that there were more names upon the poll li ts than bal I l\1r. CARAWAY. Mr. President, may I ask the Senator a lots which actually went into the ballot box? question? 1\lr. WALSH. Yes; that is a point I am going to disruss l\1r. WALSH. In just a moment. There is only one of two right now. In the Bear Grove precinct, Bear Grove Town hil), conclusions to be drawn from the situation, either that the Guthrie County, the number of names on the poll list was clerks entered upon the poll lists the names of more men than 256. The number of ballots that came here was 236. That is voted, or else in some way or other some of the ballots that to say, there was a discrepancy of 20 votes in 256. In other were in the box have since disappeared, or else that they never words. for every 121h names that tho e two clerks put down were, for some reason or other, entered in the books. on their poll list, they put on an additional name. Does aoy :1\ir. CARAWAY. I do not know whether the Senator is Senator think that is sensible? They might in 256 \Otes have aW"are of the fact or not, but in Iowa the law requires that put down 5 additional. Bear in mind, both of them put down they shall put in a separate envelope spoiled ballots, disputed exactly the same excess number. The poll li ts, if they fol ballots, and ballots that are not considered to have been le lowed the law, checked again t each other, but two of them, gally cast. for every twelfth name, put an extra name on the poll list. Mr. W A.LSH. Yes; attention has just been called to the We could imagine that they made a mistake of 1 or 2 or law. possibly 3, and both of them made that same mistake, hut 1\fr. CARAWAY. Such ballots account for many of the dis according to the contention of those who insist the count of crepancies ; but what I want to call to the attention of the the ballots in the boxes after they came here must be taken, Senator is that there were more votes brought down here cast we have to figure that the clerks put on an extra name for for tlte office of United States Senator than the officials in Iowa every 12 names. counted for that office, so that in tead of deciding the ques 1\fr. STEPHENS. 1\Ir. President, may I sugge t in that tion upon more votes the Senator will have to decide it upon connection that there we~·e found exactly 20 ballot ~bort. about 7,000 less votes than be has before him on the books of and that the recount showed that Senator Brookhart would the official count. In other words, they recognize that there have receive exactly 20 fewer votes than the judges of the were certain ballots that had been so segregated that were not election gave him when they made the count. entitled to be included under legal ballots, and according to Mr. WALSH. What does the recount give Senator Brook 1\fr. Brookhart's sworn testimony there are nearly 7,000 fewer hart in that precinct? than came before the committee. Mr. STEPHENS. One hundred and twenty-seven. Mr. GOFF. Mr. President-- Mr. WALSH. Yes; I ha\e it here before me-127 as against · Mr. WALSH. I yield to the Senator from West Virginia. 147, e:x:actly the same number. l\lr. G01PF. Before the Senator from Arkansas interrupted There is another circumstance in connection with this mat the Senator from l\lontnna I desired to ask the Senator from ter, Mr. President, that leads me to the conclusion that the Montana this que tion : As I understand the Senator's con number of names on the poll list is better evidence of tlle tention, in the event of a conflict between the official count and number of ballots that were actually cast. than the numher the poll hooks the poll books, because they have been checked of ballots in the boxes as the boxes traveled through the by two clerks, would be the better evidence as to the number various channels and came here to ihe Secretary of the of ballots in the box. If there should dev:elop further a con- Senate. 1926 CONGRESSIO~AL REOORD-SENAJ:E .7183 With respect to the three precincts where the shortage oc Mr. WALSH. I have not analyzed tho_se figures parflcularly; curs it happens that, counting the ballots as they came here I gave them as I found them here; but the fact is that in as against the official count, Steck wins one vote and Brook every one of the precincts concerning which controversy arises, hart loses 21. Take Estherville, in Emmet County, Steck the three precincts where there was a smaller number, inva~ gains 41 votes by the recount over the official count, and riably the advantage accrues to Steck, the total amounting to Brookhart loses 25 votes. Take Wapello County, Center Town 142 votes, which more than cancels the 76 majority which re ship, Steck gains 15 votes and Brookhart loses 29 votes, mak mains of the 1,420, after Brookhart gets credit for the 1,844 ing an aggregate gain for Steck by the recount over the official votes, if he shall be given credit for them by the Senate. count of 67 votes and a loss to Brookhart of 75 votes, making 1\fr. President, I have taken very much more time than I a diffe1·ence of 142 votes. expected to take in the discussion of this question. I feel But that is not all, Mr. President. If we take the recount like saying that it is a matter of profound gratification that in all the precincts in which th'ere is a shortage, the official Senators have evinced a disposition on both sides of tl.te I count gives Brookhart 1,083 votes more than the count of the Chamber to inform themselves as fully as they possibly can \ ballots as they came here to this body. It is a remarkably with respect to the points at issue and to decide the case, as I significant thing that in every one of these precincts in which am trying to do, purely upon the right and justice of it, as a discrepancy occurs between the ballots in the boxes as they it presents itself to them from the showing that has been made, came here and the poll lists Steck wins and Brookhart loses. without being influenced in any manner whatever by the The significance of that-- political considerations, if any there be, that are involved in Mr. GEORGE. I want to call attention to the fact that I the contest. do not think the statement of the Senator is a fair one. 1\fr. CURTIS. Mr. President, I suggest the absence of a Mr. WALSH. Very well. We will have to take the figures. quorum. If the Senator will kindly turn to pages 245 to 251, in reference The PRESIDING OFFICER (Mr. BLEASE in· the chair). to Bear Grove precinct-- The Secretary will call the roll. Mr. GEORGE. I understood the Senator to refer to all the The roll was called, and the following Senators answered precincts in which there was a variance. to their names : \ , Mr. WALSH. No; I said that in the 1,068 precincts in which Ashurst Ernst Kendrick Ransdell Bayard Ferris Keyes Robinson, Ark. there was a variance between the number of n·ames on the Bingham li'ess King Sackett poll list and the number of ballots in the boxes the recount Blease Fletcher La Follette Sheppard gives Brookhart 1,083 votes less than the official count gives Borah Frazier Lenroot Sbipstead him. Bratton George McKellar Shortridge Broussard Gillett • 1 McMaster Srutth Ur. GEORGE. No, Mr. President, the Senator is wrong Bruce Goff McNary Smoot about that. Butler Gooding :•uayfield Stanfield Cameron Hale Metcalf Stephens Mr. WALSH. I have the figures here somewhere. Capper Harreld Moses Swru1son Mr. GEORGE. The Senator is quite wrong about that, be Caraway Harris Neely Trammell cause exactly the contrary is true; that in the 1,068 precincts, Copeland Harrison Norris 'l'yson Curtis Heflin N'ye Wadsworth in which there was a variance, Senator Brookhart on the re Dale Howell Oddie Walsh COlmt here gained 994 votes. Dill Johnson Overman Warren Mr. WALSH. Will the Senator from Georgia turn to page Edge Jones, N. llex. Phipps Williams Edwards Jones, Wash. Pittman Willis 28 of the report containing the views of the minority. I there find these figures : The PRESIDING OFFICER. Seventy-two Senators hav Recount by supervisors of machines plus paper ballots in certain ing answered to their names, a quorum is present. The ques counties where machines were used, 129,027 for Steck and 124,719 for tion is on the motion to ·recommit the resolution. Brookhart. 1\ir. BORAH. Mr. President, does the Senator from Con necticut desire to press his motion? Official count in 1,068 precincts where ballots are missing- Mr. BINGHAM. I ask unanimous consent to withdraw That is, where there is a discrepancy- . the motion to recommit. Steck, 207,784; Brookhart, 201,626. The PRESIDING OFFICER. The Senator from Connecticut asks unanimous con ent to withdraw the motion to n'com Mr. GEORGE. That is the official count; that is not the mit. Is there objection? recount Mr. WALSH. What is the request for unanimous consent? Mr. WALSH. Yes, sir; that is the official count The PRESIDING OFFICER. To withdraw the motion to In addition to that, the recount is given as follows: recommit. The Chair hears . no objection, and the motion is Recount in 789 precincts where number of ballots checked with withdrawn. The question is on the amendment offered by the number of voters, 111,334 for Steck- Senator from Mississippi [Mr. STEPHE "S] to the resolution reported by the Committee on Privileges and Elections. Thnt is according to the recount here and for Broolthart, 122,931- EXECUTIVE SESSION Mr. CURTIS. I move that the Senate proceed to fl\e con Givlng Steck a total of 448,145 and Brookhart 449,276. sideration of executive business. Brookhart's total vote was, as a matter of fact, as recounted The motion was agreed to, and the Senate proceeded to the bere 450,270 as against 449,276, the difference being 1,073 consideration of executive business. After 15 minutes spent in votes. executive session the doors were reopened. Mr. GEORGE. No; the Senator has that confused. Those are Senator STEPHENs's figures. SEN.ATOR FROM IOWA Mr. WALSH. Yes. While the doors were closed, on request of Mr. CURTJS the Mr. STEPHENS. No; I did not make the figures; the tabu- following unanimous-consent agreement was entered into: lator, :Mr. Turner, made them. 01·der etl (by unanimous consent), That a vote be had on the Steck Mr. GEORGE. •But the Senator from Mississippi used them. Brookhai·t resolution (S. Res. 194) and all substitutes, amendments, Mr. STEPHENS. 1\fr. Turner, the tabulator made them. and motions relating thereto at 5 o'clock p. m. on Monday, April 12, Mr. GEORGE. Those are the figures given by the Senator 1926; that beginning at 3 p. m. on said day no Senator be permitted from Mississippi. That table shows our count so far as the to speak more than once or longer tban 15 minutes, and that the machines are concerned, and our count so far as the precincts Senate at the conclusion of its business to-morrow take a recess until in which the ballots exactly tallied with the names on the poll 12 o'clock m. on Monday, lists or the number of names on the poll list are concerned. It shows the official vote in 1,068 precincts in which there was a CONVE~TION WITH CUBA FOR THE PREVENTIO~ OF LIQUOR SMUGGLIN(] discrepancy between the names on the poll list and the official count. During the consideration of executive busine s the following . But the facts are that the recount in those same 1,068 pre convention was ratified, ancl, on motion of Mr. BoRAH, the in cincts gave to Senator Brookhart 994 votes more than he got junction of secrecy was removed therefrom: in those same precincts according to the official count had in To the Senate: Iowa. With a view to receiving the advice and consent of the I may call the Senator's attention further to the fact that Senate to ratification, I transmit herewith a convention be in the machine precincts and in the precincts where there was tween the United States and Cuba, signoo at Habana on no variance between tlle poll lists and the ballots recounted, March 4, 1926, to aid in the prevention of the smuggling of there was an actual gain by both candidates. alcoholic liquors into th4' United States. ~7184 CONGRESSIONAL RECORD-SEN ATE For the information of the Senate I transmit also copies of averse to considering a modification of the said convention, or notes exchanged between the American ambassador at Ilabana the making of a separate agreement, providing that claims and the Secretary of State of Cuba at the time of the signa mentioned in Article IV of that convention which can not be ture of the convention. settled in the way indicated in the first paragraph of that OAL VIN CooLIDGE. article shall be refel'red to the Permanent Court of Interna THiiJ WHITE HOUSE, Washingto-n. tional Justice instead of to the Permanent Court of Arbitra tion; and (2) that in case Cuban vessels are seized by the au The PRESIDENT : thorities of the United States under· the provisions of Article II or III of this convention, a notification thereof shall be The undersigned the Acting Secretary of State, has the promptly transmitted to the diplomatic representative of Cuba honor to lay before' the President, with a view to its transmis at Washington, giving the name of the vessel, the place of sion to the Senate to receive the advice and consent of that seizure, and a brief statement of the grounds therefor. body to ratification, if his judgment approve thereof, a con Complying with your request for confirmation of these under vention between the United States and the Republic . of Cuba standings, I have the honor to state that the Cuban Govern to aid in the prevention of the smuggling of alcohollc bever ment's understanding of the attitude of the Government of the ages into the United States, signed at Habana on March 4, United States in this respect is correct, and that 1n the event 1926. of the adhesion by the United States to the protocol of Decem At the time of the signature of the convention notes were ber 16, 1920, under which the Permanent Court of International exchanged between the !lmbassador of the United States at Justice has been created at The Hague, the Government of the Habana and the Secretary of State of Cuba, stating the United States will not be averse to considering a modification understanding between the two Governments that in the event of the convention this day signed, or the making of a separate of the adherence by the Government of the United States to agreement, providing for the reference of claims mentioned in the protocol of December 16, 1920, under which the Perma Article IV of the convention which can not be settled in the ,I nent Court of International Justice has been created at The way indicated in the first paragraph of that article, to the Hague, the Government of. the . United States w~ll not be Permanent Court of International Justice instead of to the aver e to considering a mod1ficatwn of the convention or the Permanent Court of Arbitration. malting of a separate agreement, providing that claims men I also confirm your understanding regarding the notification tioned in Article IV of that convention whtch can not be set that is to be given to the diplomatic representative of the tled in the way indicated in the first paragraph of that article Cuban Government at Washington in case Cuban ve sels are shall be referred to the Permanent Court of International Jus seized by the authorities of the United States. tice instead of to the Permanent Court of Arbitration. Accept, Excellency, the renewed assurance of my highest con Copies of these notes are inclosed for the information of the sideration. Senate. E. H. CROWDER. Respectfully submitted. JosEPH C. GREW. CONYENTION BETWEEN THE UNITED STATES OF AMERICA AND THE RID- DEPARTMENT OF STATE. PUBLIC OF CUBA FOR THE PREVENTION OF SMUGGLING OPERATIONS Washington, Marcll, 13, 1926, BETWEEN THEIR RlllSP»CTIVlll TERRITORIES [Translation] The United States of America and the Republic of Cuba, Ft·om the Secretary of State of Cuba to the .ameri can Ambassador al being desirous of avoiding any difficulties which might arise be- Habana tween them in connection with the laws in force in the United States of America on the subject of alcoholic beverages, have No. 185. REPUBLIOSEORETARIA DiiJ CUBA, DE EsTADO, d ec1'd e d t o cone 1u d e a Conven ti on f or tha t purpose an d h ave a p- l. 1926 pointed, as their respective Plenipotentiaries! 11 Ha.bana, March, " · • The President of the United States of America, .Mister Mr. AMBASSADOR: In connection with the signing to-day of a Enoch H. Crowder, Ambassador Extraordinary and Plenipo conventlon to avoid difficulties which might arise between our tentlary of the United States of America in Cuba and two Governments in connection with the laws in force in the The President of the Republic of Cuba, Mister Carlos Manuel United States on the subject of alcoholic beverages and in de Cespedes y de Quesada, Secretary of State of the Republic f pursuance of our previous correspondence on the subject, I of Cuba, Who, having communicated to each other their re ( have the honor to inform you that the Ouban Government spective full powers, which were found to be in good and proper understands that in the event of the adhesion by the United form, have agreed to the following articles: States to the protocol of December 16, 1920, under which the ARTICLE I Permanent Court of International Justice has been created at The Hague, the Government of the United States will not be The High Contracting Parties declare that it is their firm aver e to considering a modification of the said convention, or intention to uphold the principle that three marine miles ex the making of a separate agreement, providing that claims as tending from the coast line outwards and measured from low mentioned in Article IV of that convention which can not be water mark constitute the proper limits of territorial waters. settled in the way indicated in the first paragraph of that AR'l'ICLE n article shall be referred to the Permanent Court of Interna- The Republic of Cuba agrees : tional 'Justice instead of to the Permanent Court of Arbitra- · 1. That It will raise no objection to the boarding of private tion. vessels under the Cuban :flag outside the limits of territorial My government also understands that in case Cuban vessels waters by the authorities of the United States, its territories are seized by the authorities of the United States under the or possessions, in order that inquiries may be addressed to provisions of Articles II or III of this convention, a notification those on board and an examination be made of the ship's thereof shall be promptly transmitted to the diplomatic repre- papers for the purpose of ascertaining whether the vessel or sentative of Cuba at Washington, giving the name of the those on board are endeavoring to import or have imported vessel, the place of seizure and a brief statement of the alcoholic beverages into the United States, its territories or grounds therefor. possessions, in violation of the laws therein force. When such I shall be glad to have you confirm these understandings on inquiries and examination show a reasonable ground for sus- behalf of your Government. picion, a search of the Yessel may be instituted. Accept, Excellency, the renewed assurances of my highest 2. If there is reasonable cause for belief that the vessel has consideration. committed or is committing or attempting to commit an offense CARLOS MANUEL DE CESPEDES. against the laws of the United States, its territories or pos sessions, prohibiting the importation of alcoholic beverages, No. 615. HABANA, March, 4, 1926. the vessel may be seized and taken into a port of the United His Excellency CARLOS 1\I.ANUEL DE C.£:sPEDES, States, its territories or possessions, for adjudication in accord- SeCJretary of State, Haba.na. ance with such laws. ExcELLENCY: I have the honor to acknowledge the receipt of 3. The rights conferred by this article shall not be exercised your note of to-day's date, in which you were so good as to at a greater distance from the coast of the United States, its inform me in connection with the signing this day of the con- territories or possessions, than can be traversed in one hour by vention between the United States and Cuba to aid in the pre- the vessel suspected of endeavoring to commit the offense. vention of the smuggling of intoxicating liquors into the United In cases, however, in which the liquor is intended to be con States that the Government of Cuba under tands: (1) That in veyed to the United States, its territories or possessions, by a the event of the adhesion by the Government of the United vessel other than the one boarded and searched, it shall be the States to the Protocol of December 16, 1920, under which the speed of such other vessel and not the speed of the vessel Permanent Court of International Justice has been created at boarded, which shall determine the distance from the coast at The Hague, the Government of the United States will not be which the right under this article can be exercised. 1926 CONGRESSIONA:U RECORD-SENATE 7185 UTTCLm m ORDER FOR BECE8S No penalty or forfeiture under the laws of the United States Mr. CURTIS. I ask unanimous consent that when the Sen shsJI be applicable or attach to alcoholic liquors or to vessels ate shall close its business to-day it take a recess until 12 or persons by reason of the carriage of such liquors, when such o'clock to-morrow. liquors are listed as sea stores or cargo destined for a port The VICE PRESIDENT. Is there objection? The Chair foreign to the United States; its territories or possessions, on hears- none. and it is so ordered. board Cuban vessels voyaging to or from ports of the United States, its territories or possessions, or passing through the THE COPPER-MINING INDUSTRY territorial waters thereof, and such carriage shall be as now Mr. CAMERON. Mr. President, on January 4 of this year provided by law with respect to the transit of such liquors I introduced in the Senate a bill, known as S. 2018, to pro through the Panama Canal, provided that such liquors shall vide a tariff duty of 6 cents per pound on copper, which seeks be kept under seal continuously, while the vessel on which they to give equitable protection to this great and needed industry. are carried remains within said territorial waters and that no It is the same bill heretofore introduced in the lower House part of such liquors shall at any time or place be unladen by Hon. W. FRANK JAMES, of Michigan. within the United States, its territories or possessions. I shall appreciate it if my colleagues will not interrupt me ARTICLlll IV during this discourse unless it is absolutely necessary. My Any claim by a Cuban vessel for compensation on the grounds remarks will be confined to the copper situation in this country~ that it has suffered loss or injury through the improper or and with especial reference to the provisions of the bill which unrea onable exercise of the rights conferred by Article II of I have introduced. The time has come when the deplorable this Convention or on the ground that it has not been given the conditions of this great industry must be called to the attention benefit of Article III shall be referred for the joint considera of the Congress of the United States and to all our people. tion of two persons, one of whom shall be nominated by each I ask that a copy of the bill I introduced be inserted in the of the High Contracting Parties. RECORD at this point. l!.~ect shall be given to the recommendations contained in The PRESIDING OFFICER (Mr. McMASTER in the chair)~ any such joint rep01·t. If no joint report can be agreed upon, Is there objection? the claim shall be referred to the Permanent Court of Arbitra There being no objection, the bill was ordered to be printed tion at The Hague described in the Convention for the Pacific in the RECORD, as follows : Settlement of Inte1·national Disputes,. concluded at The Hague, A bill (S. 2018) to amend the tariff act of 1022, entitled "An act October 18, 1907. The Al·bitral Tribunal shall be constituted in to provide revenue, to regulate, commerce with foreign countries, to accordance with Article 87 (Chapter IV) and with Article 59 encourage the industries of the United States, and for other pur- {Ohapter III) of the said Convention. The proceedings shall poses" be regulated by so much of Chapter IV of the said Convention Be U enacted, etc·., That T1tl& I ~f the tariff act of 1922 is amended and of Chapter III thei·eof (special regard being had for Ar by adding after paragraph 380 the following_new paragraph : ticles 70 and 74, but excepting Articles 53 and 54) as the Tri ''PAR. 880-a. Copper ore of all kinds, copper concentrates, regulus, bunal may consider to be applicable and to be consistent with mattes, cement eopper and black or coarse copper, 6 cents per pound the provisions of this agreement. on the copper contained therein ; old copper, scrap copper, fit only for .All sums of money which may be awarded by the Tribunal remanufacture; copper scale, clippings from new copper; blister copper, on account of any claim shall be paid within eighteen months eopper in plates, bars, ingots, or plgs, not manulactured, and eopper In after the date of the final award without interest and without any other form not specially provided for, 6 cents per pound; all deduction, save as hereafter specified. alloys or combinations of copper not specially provided for, 6 cents · Each Government shall bear its own expense. The expenses per pound on the copper contained therein: Provided, That such duty of the Tribunal shall be defrayed by a ratable deduction of the shall not be applled to the copper contained In copper-bearing ores or amount of the sums awarded by it, at a rate of five per centum mattes unless actually recovered: Prcn;-Uied further, Tbat on all im on such sums, or at such lower rate as may be agreed upon · portatioDB of copper-bearing ores and mattes of all kinds the dutles betW"een the two Governments; the deficiency, if any, shall be shall be estimated at the port of entry and a bond gl.ven in double defrayed in equal moities by the two Governments. the amount of such estimated duties for the transportation of the ARTICLE V ores or mattes by common carriers bonded for the transportation ot This Convention shall be subject to ratification and shall re appraised or unappraised merchandise to properly equipped refineries, main in force for a period of one year from the date of ex sampling or smelting establishments, whether designated as bonded change of ratifications. warehouses. or otherwise. On the arrival of the ores or mattes at Three months before the expiration of the said period ot one such establishments they shall be sampled according to commercial year, either of the High Contracting Parties may give notice methods under the supervision of Government officers, who shall be of its desire to propose modifications in the terms of the Con stationed at such establishments, and who shall submit the samples vention. thus obtained to a Government assayer designated by the Secretary If such modifications have not been agreed upon before the of the Treasury, who shall make a proper assay of the sample and expiration of the term of one yea1· mentioned above, the Con report the result to the proper customs officers, and the import entries vention shall lapse. shall be liquidated thereon. And the Secretary of the Treasury is If no notice is given on either side of the desire to propose authorized to make all necessary regulations to enforce the provisions modifications, the Convention shall remain :l:n force for another of this paragraph." year, and so on automatically, but subject always in respect of SEc. 2. Paragraphs 1533, 1555, and Hi56 ot Title II of the tariff each such period of a year to the right on either side to propose act of 1922 are hereby repealed. as provided above three months before its expiration modifica Mr. Mr. tions in the Convention, and to the provision that 1f such modi CAMERON. President, American citizens residing fications are not agreed upon before the close of the period of within the copper-mining districts of the United States, and one year, the Convention shall lapse. directly dependent for their livelihood upon the copper mined therein, a1·e entitled to all the benefits of economic protection A.RTICLE VI accorded to citizens engaged in the p1·oduction of lead, zinc, In the event that eit~r of the High Contracting Parties shall iron, and aluminum, or those citizens engaged in manufactm·ing be prevented either by judicial decision or legislative action and agricultural activities. No protective discrimination is from giving full effect to the provisions of the present Conven permissible in favor of only one class of industrinl citizenship; tion the said Convention shall automatically lapse, and, on such all are entitled to and should receive equal consideration at the lapse or whenever this Convention shall cease to be in force, hands of Congress. ·each High Contracting Party shall enjoy an the rights which The copper miner of our country is entitled to protection it would have possessed had this Convention not been con from the cheap competitive labor of Africa and South America cluded. for the same basic economic reasons that Congress accorded The present Convention shRll be duly ratified by the High protection to the lead miners of Missouri, Idaho, Utah, Okla Contracting Parties in accordance with their respective laws ; homa, and Montana from the lead mined '\\ith cheap labor in and the ratifications shall be exchanged at the City of Habana foreign lands ; and the protection accorded to miners engaged as soon as possible. in the production of zinc, aluminum, and iron within our coun In witness whereof the Plenipotentiaries above mentioned try, against similar metals produced by cheap foreign labor . . have signed the two originals of the present Convention, and A comparative review of economic details existent within the have affL""red their respective seals thereto. lead, zinc, iron, and aluminum industries prior to protection Done in two copies of the same text and legal force in the with those subsequent thereto, denotes how beneficent this English and Spanish languages In the City of Habana, on this policy has been to those of our citizens engaged therein. fourth day of :March, nineteen hundred and twenty-six. An -adequate tariff undoubtedly made it possible for the iron [SEAL] ENOCH H. CROWDER industry to salvage the low-aade sand iron ores of Minnesota [SEAL] CARLOS MANUEL DE CESPEDES and the lead and zinc industries to mine the_ low-grade lead .. . . 7186 CONGRESSIONAL RECORD-SENATE. APRIL 9 and zinc ores of the 1\Iississlppi Valley. Without protection wholesome economic benefits from his labor as that enjoyed we can visualize certain interests rushing to ship into this by the citizens dependent upon the protected domestio lead, country iron products from the world's highest grade iron zinc, iron, and aluminum industries. ore mines in Brazil, and the products from the high-grade lead Our domestic copper-consuming market is greater than the and zinc mines of 1\fexico, Europe, and the Orient. consuming market of all the rest of the world. Inasmuch as The recovery of metals from formerly noncommercial grade the days of exporting domestic "copper are practically over, ores is the very essence of true conservation. With adequate due to the volume and cheap cost of foreign copper flooding tariff protection the domestic copper-mining industry will be and controlling the foreign market, it is indeed fortunate that the able to work ores of exceptionally low grade when compared domestic copper miner, upon receiving adequate tariff protection, with present grade standards, and enormous additional cop can be reasonably sure of enjoying wholesome economic pros per poundage reserves now known to exist will be added to perity by supplying the vast industrial needs of his own country. the present known commercial copper reserves. The result It is evident that the protected domestic lead, zinc, alumi will be that the copper reserves of this country will be ample num, and steel industries can care for their increased labor to care for all our domestic needs for decades to come. While supply, tax, and capital requirement costs due to the greatly they are mined new areas wUl be discovered which will un enhanced selling price of their product. However, the domestic doubtedly add vast additional reserves sufficient to care for all copper producer is approaching economic ruin due to the con our future domestic needs for generations to come. verging lines of increased costs and decreased selling price of A broad review of the industrial history of our country em his product. At the present time it is estimated that about phasizes that the protection accorded to practically each one-third of our domestic copper production is in economic minute lndustl'ial subdivision thereof has resulted in making jeopardy due to marketing of copper at cost; with a further our country the one possessing the highest wage scale, and this decrease in the selling price of copper, say to 18 cents per in turn has de\eloped a quality of citizenship and an aggregate pound, about 65 per cent of the domestic copper will be mar national unity and strength beyond compare in world's history. keted at a loss. The care bestowed in protecting each minute subdivision of The ruin confronting the domestic copper producer will be our industrial sphere has brought about a uniform solidity and passed on to the copper miner and all those citizens and com strength in each subdivision. Each subdivision of our aggre munities dependent on the continued mining of copper within gate industrial realm possesses a certain parallelism to every our country. othe.r one therein. Each is an aggregate of labor, supply, and A brief review of certain historical phases of the domestic capital costs. copper-mining industry is instructive. In the mining of copper ore we are also confronted with the About 40 years ago 1\fichigan mined approximately 80 per sequence of labor, supply, and capital costs paralleling identi cent of the domestic copper production. About 30 yenrs ago cally any and all other subdivisions. Our labor citizenship Montana's copper production exceeded that of Michigan. About engaged therein is in need of as beneficent protection as that 15 years ago Arizona's annual production exceeded that of any accorded any other citizen of our country. Likewise, our other State. This increased domestic production from each of supply and capital costs must be met just as surely as these are the foregoing States in sequence lowered the price of copper. cared for in the other subdivisions of our industrial activities. The e respective States could not prevent domestic competition Copper is no more a so-called "raw resource" from a cost between the States, the result being that each period of in standpoint than any other product mined, grown, or manu creased production furnished its quota of abandoned high-cost factured within our industrial realm. The specious argument copper mines, and the only mines that survived were those that copper is a " raw resource " and hence should be secured possessing exceptional ore grade and ore tonnages. The copper at minimum prices abroad and be imported free of duty can miner who lost his livelihood and home equities in these aban only be advocated by those interests controlling foreign copper doned high-cost areas, and likewise the business man, engi reserves; or those persons who are desirous of securing and neers, geologists, and operating companies, wandered away maintaining maximum domestic manufacturing profits. from their home areas into the e new competitiT"e dom l:'stic It is just as tenable to advocate that all products used in areas and started anew. all avenues of our industrial activities be secured from the The foregoing domestic competition was fair and our country cheapest possible foreign sources and admitted free of duty. enjoyed exceptionally cheap copper, due not alone to our then A situation such as this would ruin all our domestic indus possessing the world's largest and highest-grade copper deposits, tries through a ruination of each subdivision thereof. Paid but likewise a very low wage, supply, and tax co t, plus the ex propagandists would have you believe that our domestic cop· ceptionally high grade of ore mined. Yet with all this readjust per reserves are strictly limited and practically exhausted, ment our country retained within its boundaries the personnel of and consequently copper from South America and Africa, pro the copper-mining industrY.-did not suffer an economic loss duced with cheap Indian and negro labor, should be per through this personnel wandering forth to foreign copper areas mitted to flood this country. This propaganda is founded on in order to secure a livelihood. a false premise. Our domestic copper reserves are sufficient To-day the domestic copper miner is confronted with a com to care for our industrial needs for decades to come-just as petition never before existent in the history of the domestic long proportionally, at least, as the . domestic reserves of our copper-mining industry. It, however, is not of local but of for highly protected lead, zinc, iron, and aluminum industries. eign origin. If local he would have to bear it, would leave his It is not a question of limited copper reserves harassing our home and surroundings, and wander forth to these new areas domestic copper miner ; his menace is competition with foreign and start anew, his loss being an individual one, while the copper produced with cheap labor. counrty as a whole would benefit from an increa ~· ed supply of The domestic producer of copper is confronted with con low-cost domestic coppE-r. stantly increasing labor; supply, tax, and capital requirement The domestic copper miner is being rapidly driven away from costs. Yet in the face of constantly increasing costs we find his home areas. He can not wander off into new high-grade a.nd copper selling below its average sale price for the past SO large-volume domestic copper areas seeking a livelihood, for years. This is a dangerous economlc situation in view of the there are no areas at present within the United States that can uni\ersally higher prices existent to-day for practically all anywhere near compete with the volUJlle known to exist in commodities when compared with the average prices for those South America and Africa. Surely our total citizenship does commodities during the past 30 years ; and stlikingly so when not wish to force the domestic copper miner Into foreign lands, consideration is gl\en to the facts that copper is one of our into the new areas which have recently developed unprecedented essential metals, and that in the whole realm of metal pro volumes and grade of copper ore. Surely you do not want to duction the annual gross value of copper produced is only drive our. copper miner and his progeny into these competitive exceeded by that of pig iron. areas and have him labor side by side with the Belgian Congo This below-a\erage price of copper hns existed for a suffi negro and the India.n miner of the Andes. On the other hand, ciently long time, about four years, to establish that this if you wish to retain him, you must accord him protection, to price is not due to domestic overproduction or lack of domestic enable him to meet the competition of the cheaper copper that consumption. This below-average price can be attributed to this cheap labor produces. There is no question but that the ext('rior or foreign factors. Lead, zinc, aluminum, and steel copper miner of our country is a very essential economic citi are selling at least 50 per cent higher to-day than their aver zen and that he is entitled to and should receive the same de age sale price for the past 30 years. They are accorded pro gree of protection accorded citizens engaged i.n any and all the tection, and each of them represents a greater world produc other subdivisions of our industrial life. It is self-evident that tion percentage than does our domestic copper production. without an adequate supply of domestic copper the foreign pro InaRmucb as the dome tic copper mining industry is not a ducer, whenever be secures control of our domestic copper mar greater world percentage producer than the foregoing enumer ket, will as surely overcharge the domestic consumer ·with the ated protected metal industries, it seems fair to assume that same degree of exploitlve and calloused thoroughness now dem the domestic copper miner, upon receiT"ing adequate protec onstrated by foreigners in control of rubber, potash, coffee, aud tion, may expect to enjoy at least the same proportional other. necessities of our Nation. Foreign nations, as well as • 1926 CONGRESSIONAL RECORD-SENATE. 7187 their individuals, benefit from this extortion, and fn view of lies 173 miles inland, rail haul, and 4,040 miles, water haul, their well-known rapacity national necessity demands that we from New York. always maintain an ample domestic production of copper. The so-called porphyry-type copper mines in the United The destructive nature of the competition, whlch is rapidly States-this type embracing practically all the large and defi destroying our copper-mining industry, will be evident by nitely known domestic copper reserves-namely, the areas anaJyzing the volume, g1·ade, and economic factors pertaining owned by Utah, Chino, Ray, Inspiration, Nevada Consolidated, to certain of these foreign competitive deposits and comparing nnd New Cornelia compRnies, have known copper reserves ag them with the factors pertaining to our known domestic copper gregating 719,505,600 tons, averaging 1.44 per cent copper, same reserves. containing the total of 20,704,296,000 pounds of copper. The Ten years ago there was no real foreign competition con loci of this domestic copper poundage lies 2,580 miles rail haul fronting the domestic producer of copper. To-day three so from New York, or the combination of 1,011 miles rail haul and called porphyry-type copper mines in Chile, thE' areas owned 3,800 miles water haul. by the Chile, Braden, and Andes Cos., have known copper-ore In order to present ore tonnages, grade, ownership, and di - reserves aggregating 1,075,023,406 tons, averaging 2.07 per cent tance statistics in a condensed form, I submit four tables. I cop~, and containing the enormous total of 44,498,700,000 ask unanimous consent that these tables may be inserted in pounds of copper. In order to convey a comparative idea as to the RECORD without reading. the immensity of this reserve it may be stated that it is one The PRESIDING OFFICER. Without objection, it is so third larger than all the copper mined within the United ordered. States from 18-!5 to date. The loci of this copper poundage The tables are as follows : TABLE No. I.-South .American porph!JT'1/ deposits Ore reserves Production Company Tons Grade Pounds copper Present Years Possible Years Per ct. Chile ___ ------671, 192,006 2.12 28, 713, 000,000 200,000, 000 143 740, 000, 000 39 :Braden ___ ------258, 940,000 2. 25 11, 619,000,000 140,000,000 83 300, 000, 000 39 .Andes·------138,890,500 1. 50 4, 166,700,000 None. 2CO, 000, 000 21 ·~------·1 ------,~---~------11 ----- Total __ ------____ ------1, 075,023,406 2. 07 44, 41l8, 700,000 340, ooo, 000 131 I . 1,24D,OOO,OOO 36 Compared with present production rate United States porphyries ______------1, 100,000, GOO 40 Compared with possible production rate United States porphyries______------______1, 500,000, 000 29 TABLE No.2.- United Statu porphyry dep08il8 Ore reserves · . Production Company Tons Grade Pounds copper Present Years Po ·ible Year Per ct. uChino ______868, 546, 000 1.85 9, 680,742,000 195, 000, 000 60 300, 000, 000 32 tab------103, 960, 000 1. 52 3, 168, 000, 000 54,2.01,000 56 80,000,000 39 78,763,000 1. 50 2, 363, 000, 000 61,385,000 38 90,000, {)()() 26 rn~~irniion::: == ::::: =:::::::::::::::::::::::::::::::::: ::: ·: ::::::::::::: 67,738,000 1.60 2, 032, 140, 000 88,881,000 23 90,000,000 22 Nevada Consolidated ------__ ------___ ----_------______------_ 60,680,660 1.62 1, 966, 054, 000 61,573,000 32 90,000,000 22 New Cornelia ______-----______------______----__ _ 49,812,000 1.50 1, 494,360,000 38,367,718 39 60,000,000 25 Total __ ------_------___ ------___ -----_-----_------__ 719,505,600 1. 44 20, 704, 296, ooo 1 499, 611, 328 40 710, 000, 000 29 TABLE No. 3.-C'ontrol ownership of United Statu and South .America porphyrv copper deposil.! United States Chile Total Percentage owned or controlled Company Pounds copper Per Pounds copper Per Per United Chile Total cent cent Pounds copper cent States 2, 032, 140, 000 10 32, 879, 700, 000 74 84, 911, 840, 000 M 6 94 100 ~ ~=~~ti ~:: :::::::::::::::::::::::::::::::::::::::::::::::::::: 17, 177, 7tl6, 000 83 11,619,000,000 26 28, 796, 796, 000 « t! ,. TABLE No. •.-Ore ruerve di&tancufrom New York C'itu Combined route Railroad miles from mine to 1 ------~:------ NewYork Known copper Railroad miles from mine to Nautical miles from seaport Mine reserves (pounds) seaport to New York 1------~+------~~------~-----l------.--~- Town Seaport Nautical MUes Miles Seaport miles Antofagasta ______Chile ____ ------28, 713, 000, 000 ------.Antofagasta ______163 8,800 :BradenAndes ______------:_: ______-----_..; ______11, 619, 000, 000 ------Valparaiso __ ------203 Valparaiso_------f, 637 f, 166, 700, 000 ------Chanaral ______160 Chanaral______4, 000 1------1------.Average ______Summary_------44, 498, 700, (XX) ------173 .Average via 4,040 ------Panama. :z:::a:a::c:c:= Bingham ______San Francisco _____ 'U tab_------9, 680, 742, 000 2, 4.91 872 Ban Francisco via ~305 Galveston ______Panama. Chino ______• ______---_·-.------·------. 3, 168, TABLE No. 4.-0re reserve distances from Neto York Oitv-Continued Railroad miles from mines to New York Combined route Possible anpual Railroad miles from mines District J;lrodnotlon Nautical miles trolll seaport (.pounds) to seaport to New York Town Mlles Seaport Seaport Nautical Miles miles Butte----_____ --._--__ --•• -- __ --__ ---.---.---•• -----•• ---_ 250, 000, 000 Butte ______--- 2,460 Seattle (Port 706 Seattle via 6,080 Townsend). Panama. Galveston ______Galveston ______Bisbee •• _------200,000,000 Bisbee •• ------2,560 1,120 1,850 1crome ______------150, 000, 000 Jerome____ ----____ 2,656 Los Angeles (San 646 Los Angeles via 4,81>0 Pedro). Average ______AveragePanama. ______Summary___ ~ ______----______----____ ----______600, 000, 000 2,540 Average ______804 4,390 Katanga (A fries) ______900, 000, 000 Elizaville ______Benguela (Lobita 1,100 Benguela ______6,800 Bay). Cerro De Pasco (South America).------150, 000, 000 Cerro De Pasco ___ ------·-- Callao ___ ------213 Callao ___ ------3,302 Mr. CAMERON. Mr. President, a comparison of the fore cent of all the copper mined within the United States from 1845 to date. going enumerated porphyry ore reserve denotes that the three / Chilean mines have known copper poundage reserves two and The loci of the Katanga copper reserve lies 1,100 miles, rail ~ two-tenths times the known copper poundage reserves em haul, to Benguela, on Lobita Bay, west coast of Africa, and ,l braced within the six United States mines. This means that 5,800 miles water haul to New York. Assuming the water haul ;' the Chilean mines can produce two and two-tenths times the equivalent to 580 rail miles, we find this reserve lies within an amount of copper per annum during an equivalent time period equivalent 1,680 rail-mile haul from New York, this rail haul when compared with the possible annual production from the being 800 miles less than the rail haul from the loci of all the six domestic mines. The six domestic mines did in 1~23 pro United States copper deposits to New York. Through the utili duce 499,611,328 pounds of copper, this representing 34 per cent zation of foreign bottoms it is evident that Katanga copper of our total domestic production. The Chilean mines can pro can be laid down in New York at less transportation cost than duc-e two and two-tenths times this, or an average of 1,100,- our domestic copper. It should require about two years 000,000 pounds of copper per year for the next 40 years. to build the remaining one-half of rail mileage between the The average grade of the Chilean ore reserves is about 50 Katanga reserve and Benguela. Certainly no ecouomic factor per cent greater than the average of our domestic mines. This should intervene and prevent completion of this shorter haul to denotes a ruuch less mining, milling, and leaching cost for the tidewater when consideration is given to the fact that the Chilean copper than our domestic copper. The Chilean copper value of the definitely known copper reserves exceeds by fifty poundage lies an average of 800 miles nearer New York than the times the probable cost of rail completion. domestic poundage. This denotes that Chilean copper can be In order to emphasize that the Katanga resen·e is not a laid down in New York at less transportation cost than our languishing or a possible future competitor, but one of the pres dome tic copper. ent, even though they are for the moment handicapped by The Chilean copper poundage due to Its nearness to tide inefficient plant facilities and a 2,300-mile rail haul to tidewater, it may be stated that it did during 1924 produce 188,250,000 water, about one-sixth of the rail distance of the domestic pounds of copper at an average cost of 10.4 cents per pound poundage, enjoys a much lower supply transportation cost than and with a profit for the year of $5,030,000. our domestic copper. The low cost but efficient Chilean miner We have no single high-grade copper-ore reserve within the of Indian origin receives vastly less. for his labor than our United States or Alaska that can be compared in volume with domestic copper miner. Surely the Indian of the Andes with the- Katanga reserve. In fact, the sum total of all our known his limited civilization, simple wants, lack of educational oppor so-called high-grade copper reserves can not be compared for tunities, and repressed since the days of Pizarro, is no fit the reason that they do not contain anywhere the copper economic companion for our domestic copper miner. No one poundage of the Katanga reserve. The average grade of all within our country, outside of those international commercial the copper ore mined within the United States for 1925 con ists striving for tribute through utilization of this cheap Indian taining 1,464,165,000 pounds was 1.70 per cent copper. About labor, would claim otherwise. However, their sleek arguments 78 per cent of our copper was mined from ores averaging 1.4 are overwhelmingly controverted by the well-known and easily per cent copper. The remaining 22 per cent was mined from ascertainable facts pertaining to the repressive and low-wage ores averaging 6.7 per cent copper. conditions besetting the Andean Indian. The copper areas which furnish most of the high-grade ore The competition of this labor with thnt of our domestic copper are at Bisbee and Jerome, Ariz., and in the Copper River dis miner must be eliminated through placing an adequate tariff on trict, Alaska. The Butte district was formerly the largest the product this cheap labor produces; namely, foreign copper. producing high-grade domestic copper, but for more than a Now the Chilean copper producer can purchase his supplies in decade the grade of ore .mined there has averaged less than the free-trade markets of the world, carry his copper to New 2.5 per cent copper. York in foreign bottoms, and sell it without import duty in our The Bisbee, Jerome, and Copper River districts produced in highly protected domestic market. 1923 about 22 per cent of our total production, at an average It is evident that the Chilean producer can deliver his copper cost of 9 cents per pound, from ores averaging 6. 7 per cent in New York at an average co t price of 6 cents per pound. copper. The Bisbee district in 1923 produced about 100,000,000 The 1923 cost per pound for copper delivered in New York for pounds of copper from smelting ores averaging about 4.6 per the six foregoing enumerated domestic mines, representing cent copper. The Jerome district in 1923 produced about about 34 per cent of the 1923 production, is e timated to be 140,000,000 pounds from ores averaging about 7 per cent about 10% cents. Excluding Utah Copper Do., which mined copper. The Copper River district in 1923 produced about about 40 per cent of the aforementioned group production, the 84.000,000 pounds from ores averaging 11.6 per cent copper. copper cost for the remaining five mines was about 12 cents The total of the above ls 324,000,000 pounds of copper from per pound. ores averaging 6.7 per cent. This average for the domestic In addition to the menacing flood of cheap Chilean copper, high-grade copper-ore districts is practically identical with the domestic copper miner is immediately confronted with an the 6.69 per cent average for the Katanga reserve. enormous production from the Katanga district, Belgian Kongo, The Bisbee, Jerome, and Copper River districts have pro Africa. duced from 1880 to date about 6,000,000,000 pounds of copper, The Union 1\liniere du Haut Katanga reports as of 1924 a Bisbee having produced about 55 per cent, Jerome about 30 reserve of 74,6 6,600 ton. of ore averaging 6.69 per cent copper, per cent, and the Copper River district about 15 per cent of same containing a total of 9,993,000,000 pounds of copper. To this total. It required more than 44 years to produce 85 per convey an idea of the immense size of this reserve it may cent of the foregoing total, and about 20 years for the remain be stated that it about equals Arizona's total production, 15 ing 15 per cent, or an average of 40 years for the total output. per cent greater than Montana's total production, and 35 per The foregoing total is only 60 per cent of the Katanga re cent greater than Michigan's total production of coi>per from serve. This conveys to you additional comparative informa 1845 to date. These three States have produced about 80 per tion denoting the immensity of the African reserve. "1926 CONGRESSIONAL RECORD-SEN~TE. jl89 There is no information available as to the aggregate copper per-mining industry is confronted with a probable a.b.nual aver~ poundage known to exist in the three foregoing high-grade age copper production from Peru aggregating 150,000,000 domestic ore districts. They, however, contain large copper pounds and from Mexico amounting to 150,000,000 pounds, or reserves, and the adjacent known mineralized areas w111 un a total of 300,000,000 pounds of copper per year. It is also doubtedly continue to develop additional copper reserves for believed that within a comparatively short time Northern decades to come. They are deep metal-mining districts and Rhodesia and the French Congo, Africa, will begin to produce excessive cost prohibits detailed ore explorations years in ad large quantities of copper. vance. The assumption is tenable that the domestic copper producer Costly shafts and underground workings must be run and can anticipate within the near future a combined competitive maintained. Vast sums must be expended for pump installa production of at least 500,000,000 pounds of copper per year tions to care for mine waters ; likewise, vast sums to provide for years to come from Peru, Mexico, northern Rhodesia, and hoisting facilities. In addition vast sums must be expended French Kongo. It is also believed that large additional known for timber for underground supports and for fuel for pumping copper reserves exist in Chile and Katanga, the tonnage and mine waters and hoisting ore. Furthermore, it will require the grade of which have not yet been published. Furthermore, ·services of sk111ed mechanjcs to maintain mine equipment and that there are large unde'\"eloped copper areas in these two experienced miners to maintain mine output. It is estimated sections which upon completion of exploratory work will it is that the daily production per miner employed will not exceed believed, add vast copper poundages to the known resei'T~s. 2 tons of mined ore and that the mining cost will average about It has heretofore been stated that the United States porphyry $5 per ton of ore mined. type deposits did in 1923 furnish 34 per cent of the dome tic The menace to our domestic copper-mining industry from the p7oduct at an average cost of 10.5 cents per pound, and the Katanga reserve is not only that of cheap labor and the enor high-grade ore districts furnished 22 per cent at an average mous volume and high grade of the ore reserves but also the cost of 9 cents per pound of the total domestic copper produc unusual stratigraphic position of same. In the Katanga reserve tion. The remainder, namely, 44 per cent, aggregating 640,- the ore lies at the surface, and its tonnage can be mined with 000,000 pounds of copper, has a cost production averaging steam or electrically operated ore shovels. The operators do 13 cents per pound. This remainder came from Montana \ not· have to sink costly shafts or run and maintain expensive (Butte district), Michigan (Lake Superior district), Arizona ' underground workings; no costly hoisting and pump equipment (a remanider of 185,000,000 pounds from Morenci, Globe, Miami or maintenance charges therefor have to be met. No timber Copper Co., Sacramento Hill, and so forth), California, Ten for mine supports or enormous quantities of power for ore hoist nessee, and all the other States and districts within the United ing and pumping mine waters are chargeable against their mine States not heretofore mentioned. output. Accidents to their employees will be at a minimum, Averaglng the aforementioned costs, we find that for 1923 and they will be able to reco'\"er all their ore. the average cost of copper produced within the United States The Katanga ore reserve lies on the surface, and their mining was about 11.5 cents per pound. . In analyzing costs for 1923 problem is solely one of shoveling the ore directly into 50-ton it was also found that 65 per cent of same was produced at an ore cars. One skilled shovel operator can mine at least 1,500 average cost of about 13 cents per pound. Summarizing the tons of ore per shift, denoting a mined-ore efficiency many times foregoing discussion, we find that the United States coppel' greater than the output of the skilled underground miner within mining industry is confronted with an annual copper produc our domestic high-grade ore districts. In addition there are tion of 1,100,000,000 pounds from Chile and 900,000,000 pounds millions of Belgian Kongo negroes available at wages that will from Katanga, a certain and definite annual total competitive not exceed 20 cents per day. production of 2,000,000,000 pounds of copper ; also that this The Congo, with its reeking and soul-harrowing memories of competitive production can be laid down in New York at a cost enslaved labor, its jungle trails paved with countless sighing of 6 cents per pound. souls and trodden by the millions of forced tribute bearers of It was also stated that the 1923 domestic copper production, ivory and rubber in the past, are now to be used to gather amounting to about 1,500,000,000 pounds, cost 11.5 cents per copper for export to our domestic market. pound. Furthermore, that 65 per cent of our total domestic One can visualize the malachite green and azurite blue of the production was produced at a cost of 13 cents per pound. Thus \ Katanga ore shot through with the cuprite red from the strain it costs 5.5 cents more per pound to produce all our copper, and 1 ing sweating, and soul-racked bodies of impressed labor. On 7 cents more for 65 per cent thereof within the United States, the' one hand we can see the few palatial continental mansions than it does to produce copper within the Chile and Katanga of the masters and the countless African huts housing their areas. This difference in cost 1s easily understood when con downtrodden labor. In contrast thereto can be seen the hun~ sideration is given to the many heretofore enumerated eco dreds of copper districts within our homeland, peopled by hun nomic factors favoring these foreign 1u:eas. In view of this dreds of thousands of our kin, in comfortable homes and midst difference in cost, amounting to about 6 cents per pound, why surroundings and opportunities befitting our advanced civili- is it that the controlling financial factors within the domestic zation. copper industry have not energetically sought and secured a Extended argument is surely nqt necessary to denote that 6-cent duty on import copper? our domestic copper miner can not meet Congo labor competi In analyzing control factors in the domestic copper mining tion. Such degrading and minimum cost labor competition industry we find two closely related domestic corporations can only be checked and eliminated through the medium of an controlled and producing a total of 786,000,000 pounds of cop adequate tariff on foreign copper produced by cheap labor. per, this representing 53 per cent of the total domestic copper Due to the vast supply of cheap hydroelectric power avail production for the year 1923. These same two domestic cor able, plus the factors aforegoing enumerated, there i~ no ques porations controlled 100 per cent of the Chilean copper pro tion but that the Kat.anga reserve can be shovel mmed at a duction for the year 1923. These two corporations also con cost not to exceed 50 cents per ore ton, or about one-half of 1 trol 92 per cent of the United States porphyry deposit copper cent per pound of copper produced. poundage discussed heretofore and all the Chilean reserve The Katanga reserve ore is seemingly an ideal leaching ore. copper poundage. The cost of these two domestic corporations It is estimated that about 95 per cent of the copper is recover was an average of 11.5 cents for their 1923 United States pro able by this process and should not cost to exceed $3 per ore duction ; and these same two corporations control the large ton, or 2.3 cents per pound of copper produced. The cost of copper reserves of Chile and can lay down in New York freight to New York and additional refining and selling should 1,100,000,000 pounds of copper per year at a cost of 6 cents not exceed 2 cents per pound of copper produced. The aggre per pound. With copper selling at 14 cents per pound at gate of these cost factors denotes that Katanga reserve cop New York, it is evident that these two corporations can only per should be laid down in New York at a cost of about 4.8 make 8.5 cents per pound on their United States output, as cents per pound. In view of the foregoing cost factors it is against 8 cents per pound profit from their Chilean mines out certainly reasonable to assume that Katanga reserve copper put. Which of these two channels of profit will be followed will be delivered in New. York at a cost not to exceed 6 cents and developed to its maximum by the undeniably shrewd, able, per pound. and far-seeing business men controlling both? It is evident Katanga reserve can easily mine and leach 20,000 tons of that sound international commercialism would dictate the ore per day and maintain this rate for years to come. This securing of an S-cent per pound profit as against one of 3.5 means an annual production of 900,000,000 pounds of copper cents. which can be delivered at New York at a cost not to exceed Furthermore, there may exist a possible corporate ambition 6 cents per pound. within these two corporations that after merging their equities, It may be stated that Chile Copper Co. does now shovel, mine, thereby -directly controlling 85 per cent of the known copper and leach .at least 20,000 tons of ore per day. In addition to reserves of the world, they will be able to dictate the price of the Chilean and Katanga copper competition the domestic cop- copper. Their tendency may also be in the direction that CONGRESS! ON AL RECORD-SEN AT:m APRIL 9 monopolies usually traverse, -namely, one of temporarily low available through the manufactured copper products their ering prices to destroy the weaker competitors ; buy out or plants will produce. They also know that their particular reach an understanding with those competitors not. easily manufacturing plants will always have an ample supply of ingot eliminated, and when this is accomplished they can fix a price copper through their control of huge ore reserves. They will for copper products circumscribed only by conscience or exercise great care that an ample tariff schedule be maintained economic fear. There will be nothing artificial or ephemeral as against imported articles manufactured from copper This about this probable international copper corporation. They control of ore reserves is undoubtedly the shield behind which will definitely control ore reserves of vast magnitude and they will take refuge, emerging therefrom with profits much values, with efficient facilities to deliver copper products from greater than would be possible from mine operations alone mine to consumer in volume and at costs beyond competition. Does the buyer of a copper boiler in this country, paying Under these circumstances it is evident that they will com therefor at the rate of a dollar a pound, begrudge the domestic pletely dominate the mining, marketing, and the sale price of copper miner his wage amounting to a few cents thereof? Will copper and its products. the consumer of electric current in this country receive the The domestic copper miner and all the citizens residing benefit of cheap foreign-labor copper that these controllers of within and dependent upon the continued and uninterrupted our domestic copper-fabricating ind~stry will furnish? No; mining of copper within our domestic copper areas view with these controllers may be expected to secw·e the maximum pos alarm this dual control of the copper-mining industry of this sible profits out of their manufacturing activities. The selling country and exterior thereto. Congress does not permit the price of copper to-day is less than its ~verage sale price for the controllers of the domestic lead, zinc, and aluminum industries past 30 years. In comparing the price of manufactured copper of the country to import free of duty unlimited quantities of products used by the consumer with the selling price of copper their respective metals from cheap foreign-labor areas, whether you will find the tendency ever to inct:ease and is to-day selling they own or do not own these areas. You do not permit higher than its past 30-year average price. Surely Congress domestic financiers in control of manufacturing plants within will not continue to permit the domestic copper miner's liveli Europe or the Orient to ship their cheap controlled products hood to be subjected to the international commercial ambitions into our home areas free of duty. Neither do you permit the of any set of men-not grant them continued power to import ( jobbing interest of this country an unlimited right to import duty-free copper from their Indian-labor estates of the .Andes free of duty any cheap-labor product from foreign areas. or the downtrodden areas of central Africa. The domestic con ( Is the United States Steel Corporation permitted to import sumer of copper wil:J nev~r receive any proportional benefit free of duty an unlimited poundage of steel ingots from the from this cheap-labor foreign copper; on the other hand, the cheap-labor areas of Europe or Asia? Would the iron miners domestic copper miner will be destroyed. Surely our country of Minnesota, Michigan, Wisconsin, Colorado, and .Alabama, wishes to maintain unimpaired and in continuous operation all the railroad and shipping employees who transport the iron the developed copper areas within our bounc1aries and wishes ore to smelting centers, the coal miners who furnish the power to reestablish livable conditions therein. This in turn will and fuel to smelt the iron ore, the employees of the blast result in increasing our known copper reserves through in furnace and steel ingot centers-would all the foregoing citi creased incentive to explore adjacent mineralized areas. zens view with complacency the possibility that the rolling These dual controllers of our domestic and foreign copper mills of the steel corporation be permitted to import duty free production have spent tens of millions of dollars the past decade an unlimited supply of cheaply produced foreign steel ingots? in foreign lands to secure control of copper-ore tonnages amidst If a situation such as the foregoing existed, it is a certainty labor and economic conditions to their liking. Yet these same the mining of iron ore in this country would be destroyed. interests during the past decade haye hardly spent a dollar A situation analogous to the foregoing exists within the copper within our country for drilling and exploring the hundreds of mining industry of this country. It is of recent origin, yet undeveloped potentially valuable copper-stained outcrops con nevertheless it exists and must be checked promptly if the tained within our 220 well-known domestic copper districts, mining of copper in this counh·y is to remain one of our basic which are located in 19 of our States. Even though they could industries. find new ore areas containing average commercially valuable At the present time the foreign producer of copper can ship copper reserves in this country, the cost of the copper therefrom an unlimited poundage of copper ingots into this country would be much greater than their foreign-owned supply. Hence free of duty. The poundage so imported mean-s an equivalent their manufacturing profits would be decreased. Have these ( lessened copper production within our home areas. This cheap dual controllers of our copper-mining industry and Chile ever foreign-labor copper can be delivered in quantities sufficient evinced an interest in our western civic affairs greater than to supply all our domestic needs and at a price greatly below their demand for cheaper wages, lower taxes, and maximum our cost of production. This unlimited importation of copper possible profits? How many model and independent communi free of duty into this country will destroy our copper-mining ties have they established, and just how keen has been their industry; in consequence destroy the livelihood of our miners desire and energy to give employment to the American miner? and all those dependent on the continued mining of copper Their history has been one of intense commercialism, to secure within our domestic copper areas. the maximum possible profit out of the human as well as the Is our country willing to lose the experienced personnel that ore factors involved. bas taken generations to develop, since the beginning of the Is it, therefore, startling, in view of the foregoing phases, copper-mining industry in this country from 1845 to date? If that the domestic copper miner views with alarm the power you permit the copper-mining industry of this country to be these dual controllers possess? He knows full well that his crushed beneath the juggernaut of personal greed you will find future can only be made secure by Congress placing an import this personnel drifting into these new foreign areas to seek a duty on the cheap foreign-labor copper which these controllers livelihood. Many of them-executives, engineers, geologists, are pouring into our country in ever-increasing volume. This and skilled miners-have already left our home areas and are citizen with the blood of pioneers coursing through his veins using their experience and skill in developing competitive for is ever seeking within our homeland for new copper areas and eign copper areas. It would require many years to replace the prospecting and mining within those known. This man ot experienced pe·rsonnel we now possess ; this personnel which courage, brawn, optimism, and intelligence who descends into embodies the skill and experience developed during the 80 dangerous depths to labor and shatter the earth's crust in years we have been mining copper. It is beyond question the search of copper, constantly bringing forth the metal that forms most skilled and experienced in the world, and in losing it the millions of circling bands that carry the tidings of human this country would suffe1· a distinct economic loss, plus the acti'vities between individuals, communities, and countries, that additional loss of a high quality of citizen ·hip. convey the energy impulses that turn our wheels of commerce The continued importatif)n of cheap foreign-labor copper will and converts night into day. Copper, the metal of rare beauty destroy our domestic milling, leaching, and copper-smelting in and utility, essential in nearly every avenue of human en dustries; great losses will be sustained by the coal, coke, oil, deavor and industry. Surely this man of our own blood and transportation, and supply agencies of our country. LiKewise, kin who is ever seeking this valuable metal for us is entitled many communities will be utterly destroyed and many States to your most earnest and favorable consideration. Surely you will suffer large taxation revenue losses in case an unlimited will accord him protection, not make an exception of him, not supply of cheap foreign-labor copper is pe'rmitted to enter free permit our domestic copper miner to remain Isolated and pil of duty. These controllers of our domestic and the Chilean loried midst the ever-swelling volume of menacing economic copper production also control the brass, copperplate, and barbs shot out of the .Andean heights or the Congo jungles. copper-wire manufacturing industries of this country. Their We find the independent and purely domestic producer viewpoint is seemtngly that of a manufacturer, a jobber; not already doing things of necessity so that he can exist. He is thll.t of a miner. They are desirous of securing so-called "raw becoming increasingly unable to pay essential local taxes, the copper" at minimum prices, knowing that high profits are result being less efficient local school facilities and minimum 1926 CONGRESSIONAL RECORD-SENATE 7191 local civic improvements. The tendency also is to employ the land at a minimum. Governmental expenses must be met, bow cheap and ignorant foreign laborer rather than our own citi ever ; hence their effort is directed in securing the money there zens. Our domestic copper distl"icts are on a 60 per cent pro for from sources other than a tax on land. ducing basis and steadily growing worse. Next year it will From what sources has Chile ecured enormous revenues in be still worse and grow constantly more so unless an import the past? A review of the Chilean nitrate industry is instruc duty on foreign-produced copper is made effective. Everything tive. This is a world monopoly controlled by the Chilean Gov that the domestic producer of copper purchases in the way of ernment. Originally in the hands of optimistic foreign individ supplies is bought in our highly protected home market. . T_his uals it has gradually passed into and is now controlled by the higher co t fo r upplles, plus higher labor cost, makes 1t Im State. It has paid hundreds of millions of dollars into the pos,ible for him to compete at home or abroad with the low treasury of the State, and to-day is the great source of revenue supply and cheap labor cost copper from foreign areas. Is the Gover:nment of Chile has. With an appetite whetted for there any way to equalize this inequality, in view of existing decades by foreigners' dollars flowing in from the nitrate go\ernmental policies, other than by placing an import duty on industry monopoly, do you believe that the Chileans will hesi f{)reign-produced copper? tate to secure the maximum return possible out of any other Commercial efficiency will surely prevail when the shrewd monopoly-for instance, the copper monopoly? and competent dual controllers of our domestic copper-mining For that matter the exigencies of our Belgian friends in industry and the Chilean copper reserves reach the rim of their political control of the Katanga copper reserves \'iill undoubt anticipated endless long plateaus of ma:A.1mum manufacturing edly also find that an export tax on Katanga copper will be a profits. Whereas yesterday they shipped raw copper ore and lucrative source of income, and will welcome the possibility of unrefined black copper to our domestic smelters and refineries delivering high-priced copper to us when and if they share iu to be con\erted into electrolytic copper, to-day they are shipping this monopoly. vast quantities of electrolytic copper direct from their Chilean It may be stated as a fact that the domestic consumer of cop areas ; to-morrow they will undoubtedly attempt to utilize the per, when dependent on foreigners for copper, can not accept cheap labor and cheaper supplies of their Andean estates and the word or assurance of an individual foreigner, or one of our import their copper in fabricated form. own citizens, as binding on the governments controlling these In 1917 Chile imported into this country 4,07-1,784 pound~ of reserves. Individuals or corpor~tions possess no delegated refined copper, representing 0.2 per cent of its total copper powers which governments must respect; hence their promises importation ; and 206,133,975 pounds of copper cont~ined in are mere statements and are unenforceable. It is very certain ore concentrate matte, and black copper, representmg 99.8 that the domestic consumer of copper, wben solely dependent on per' cent of its 'total copper importation. In 1923 Chile im foreigners for his supply of copper, will pay whatever is de i>orted 118,446,874 pounds of refined copper, representing 44 manded. It also seems certain that the average price will be per cent of it total copper importation, and 151,144..975 pounds much higher than he would have had to pay for domestic-pro of copper contained in ore, concentrates, and black copper, rep duced copper had our copper-mining industry been permitted to resenting 56 per cent of its total copper importation. The survive. Fortunately our domestic copper-mining industry is foregoing shows a 2,200 pet• cent increase in refined copper still functioning, and the foregoing assumed situation will never imports from Chile in the short space of six years. This de confront our domestic consumer if we secure at once an import notes a lessened employment of citizens in our domestic smelter duty on foreign-produced copper, thereby enabling our industry and refining plants, a lessened consumption of domestic fuel to survive and continue to meet all our domestic needs. It and power, and in consequence lessened labor employment in should always be remembered that our own industries are these industries ; also a decrease in domestic tax reYenue always controllable under the provisions of our laws and theit· through the refining of this copper in Chile instead of in the increments of profits taxable to aid our civic institutions. Bear United States. The foregoing loss to our smelter and refining ing this in mind, a prosperous domestic copper-minin!? indu try industries will not alone show a future progressive loss in can not be oth~r than beneficial in every possible way to our crease, but will undoubtedly continue to develop until the total citizenship and country. Chilean copper imported will be in electrolytic form. Chile There has been a hectic, feverish stock-exchange activity of will naturally expect that her citizens and industries be given the stocks of the corporations controlling the Chilean and the maximum possible benefits from her domestic resources, Peruvian copper reserves. Their stocks have mounted higher just as Canada in restricting her pulpwood exports has founded and higher while the stocks of our independent and purely great industries within her areas and increased her manu domestic producer of copper are listless. The speculators are factured exports of wood pulp, paper, and paper products. anticipating huge profits from these foreign copper areas. Is 'rhe foregoing losse to our domestic refining and smelting there a better criterion denoting the huge anticipated profits plants and collateral industries further emphasizes the neces from these foreign reserves than this stock-market increase? sity of protecting our copper-mining industry. In protecting it All of this increase is based on the assumption and belief that thereby enabling our home areas to supply our home market these foreign areas will undersell the domestic producer of the total domestic copper consumed will be refined within our copper, not only abroad but also in our local market, which country. This means that the citizens dependent on the con is greater than all of the rest of the world combined. When tinued refining of copper within our country will be assured this competition reaches its apex our domestic copper-mining of a continued livelihood and that our refineries will be main industry will be destroyed. When the speculators' profit tained on an efficient maximum production basis. reaches a maximum, the loss to our copper-mlning industry Assuming that these dual controllers of our domestic and dependents will be complete. It is unbelievable that the citi the Chilean copper production assure us in all earnestness that zenship of this country will stand by and permit the sacrifice they will always furnish the domestic consumer with low of the livelihood of some 500,000 citizens directly and indi price copper products proportional to the low cost of foreign rectly dependent on the continued mining of copper within our copper contained therein, will they be able to fulfill such a home areas, and thereby solidify the speculative profits of promise when and if made? The Chilean Government will those agencies who are planning and anticipating the destruc always have the final say as to any and all resources within tion of our copper-mining industry. When the true situation its boundaries. Through the medium of an export tax on cop is known, Congress will accord justice and equity to those per it can dictate the commercial value of its copper reserves. citizens through the medium of a tariff on import copper. If this tax is excessive it means the utter destruction of its thereby saving the domestic copper-mining industry and the export copper industry. Such an event is not anticipated, livelihood, homes, and future of the citizens dependent thereon. although it may happen if calloused political factors desire to How is it tenable or fair to deny and except the miner of acquire the industry at a cheap price for their State. If copper production from foreign low-cost copper, when protec Chile enacts an export tax, the effect will probably be that tion has been accorded the domestic miner engaged in the lead. Chilean copper will be sold at prices to yield the maximum zinc, iron, and aluminum metal industries? It certainly can export tax. This tax, plus all the other co ts, will increase the not be argued that copper is less valuable proportionally in price of copper to be ultimately borne by the consumer. A every avenue of our industrial life than any of the foregoing ·practice similar to the foregoing is effective to-day in the metals. If our industrial body be skeletonized with steel, its rubber, potash, and coffee monopoly industries; hence it is not helplessness would be manifest without its electrical-nerve unusual and can not be considered as jeopardizing intemational system composed of copper. Our industrial body requires relations. copper in addition to steel and other metals in order to func The high-class Chilean has been termed the "Yankee of the tion properly, as much so as the human body requires not alone Andes." He is an able, courageous, and, above all, an intelli food but moisture and air as well to sustain its activities. gent commercialist. A comparatively few families control the Our country is v~y active industrially and economic condi political destinies of Chile, and these same families own vast tions as a whole are excellent. The present domestic con ump landed estates. They are interested in maintaining taxes on tion of coppe~ pe~ capita is the greatest in our industrial history. LXYII-453 APRIL ~ ~ 9 :7192 CONGRESSIONAL RECORD-SENATE. - - Yet our domestic copper-mining industry is in a state of uncer The argument is advanced that our domestic copper mining tainty; despondency is the rule, not the exception. The citi industry does not need an import duty on foreign-produced zens within the domestic copper areas are surcharged with coppe1·, for the reason that our domestic industry must export anxiety and fearful of the future. Surely this is a strange copper in order to mine at a profit. Our domestic copper pro economic situation. When the domestic consumption of copper ducer can not compete with . the cJ?.ea~-cost foreign-produced is at its maximum the copper-mining citizens dependent thereon copper which has come into the world s market the past few are tn the depths of despail'. years. Their enormous reserves and cheaper costs of foreign The cause underlying it all and directly responsible therefor copper make it impossible for the domestic producer to retain fs the tremendous increase in foreign copper production ; the former markets if the foreign producer is in need thereof. The ability of the foreigner to produce a volume of copper greater result has been a decrease in our exports and a lessening of our than our own and at vastly less cost. The buyers of copper domestic capacity production. If our domestic producers could know this, and during the present transitory stage of cheap compete, they certainly would not be selling two-thirds of their foreign copper have hammered the price of domestic copper production, either locally or abroad, very nearly at cost. Good below its average 30-year price. These buyers wlll undoubt bu~iness would dictate that they retain this poundage in the edly secure still cheaper copper, possibly down to 10 cents per hope that the future would afford a reasonable profit. How pound, when the ruin of our domestic copper-mining industry ever, these high-cost domestic producers mu t retain their per will be complete. When domestic competition has been elimi sonnel, keep their mines in repair, and pay taxes. All this over nated and domestic mines and plants abandoned, the buyer or head must be met and they are striving to secure if from ore consumer of copper will have to pay monopolistic prices for it. reserves. If they should suspend all mine operations, they An import duty on copper is the only remedy that will cor would endanger their equities. Bence, they are continuing op rect the present anomalous existing economic situation be erations hoping that somethin~ will transpire to relieve their setting our copper-mining industry, and permit the citizens dilemma. Their hope the past four years has been that the thereof to enjoy prosperity proportional to that enjoyed by price of copper would advance to a point where they could our citizens engaged in the protected lead, zinc, h·on, and regain their losses and continue profitable operations. How aluminum industries. . ever, their hopes have not been realized and they are desper An argument advanced by those in favor of copper remain ately striving to hold their equities intact. Their plight is f ing on the free list is that our future domestic requirements growing constan_fly worse, and the only certain relief for them I of copper demands that we do not interfere with and thereby is to secure control of their home market by excluding the low interrupt the efficient development of foreign competitive cost foreign-produced copper. areas. Is this condition peculiar to the domestic copper A review of our copper-export statistics of 1923 with those mining industry alone? Does not an analogous situation exist of a few years ago is interesting, and the following detail is in all the other industries of our country? Following this submitted: argument to the end means letting down the bars of pro In 1913 we produced 1,224,500,000 pounds of copper ; our tection and admitting free of duty every product produced or domestic consumption was 812,000,000 pounds, or 67 per cent manufactured throughout the world. The time, and the only thereof. This left 412,000,000 pounds of dome tic copper, or time, to permit the unlimited importation of foreign copper 33 per cent, available for e~l>ort duty free is when our domestic copper reserves are definitely In 1923 we produced 1,435,000,000 pounds of copper; our and positively known to be exhausted. Our present known domestic consumption was 1,300,000,000 pounds, or 93 per cent reserves will last for decades, and there are a thousand copper thereof. This left 135,000,000 pounds of domestic copper, or stained bills within our home areas still awaiting detailed 7 per cent, available for export. exploration. These will be explored and will surely add vast An analysis of the foregoing shows that in this 10-year additional copper reserves, as hills in the past have yielded period our total production increased 17 per cent; our domestic to those of the present, if the domestic prospector, miner, and consumption increased 60 per cent ; and that our copper exports producer can be protected against the destructive flood of decreased 67 per cent. This analysis denotes that our domestic cheap foreign labor copper. consumption is approaching and nearly equaling our domestic The only incentive to develop our home copper area rests production and that our copper exports are decreasing and with our own citizens-those dependent thereon. We can approaching a minimum. The fo1·egoing is somewhat indica not expect foreign copper controllers to aid us in exploring tive of the change that has taken place within our copper any new domestic copper areas. The driving, urging desire industry the past decade. to do so rests with those of our citizens dependent thereon During this decade the enormous areas of South America and and desirous of maintaining home and progeny midst sur Africa have been developed, and their rapidly mounting copper roundings dear to their heart, within their homeland· and in production bas already destroyed our control of the foreign contact with their own citizenship. copper market. This stream of foreign low-cost copper is in The history of salvaging the low-grade sand and magnetite creasing rapidly and will not alone control all the foreign iron ores of Minnesota and the low-grade lead and zinc ores markets, but our own as well, unless an import duty on foreign of our domestic areas afford excellent examples of where a copper is made effective. dependent citizenship added vast reserves to our domestic .An analysis of existing costs denotes that the foreign-pro mineral resources. This was done because the cheaper com duced copper can be delivered at New York at 6 cents per petitive foreign metals were excluded under the wise ancl pound, whereas our domestic cost is about 12 cents per pound. beneficent provisions of our tariff law. This 6 cents profit differential in favor of foreign-produced The consuming citizens of this country do not need, nor would copper plus the enormous foreign reserves indicates positively they expect to receive any benefit from the small additional that domestic copper can not compete with the foreign prod amount that a satisfied copper miner will receive through the uct either at home or abroad. The export statistics quoted continued production of copper within our home areas any more aforegoing are corroborative of the foregoing statement and than they denied the increment of increase to those of our citi prove that our days are over as a world's copper competitor. zens engaged without our present protected Industries. The domestic copper-mining industry must rely on a protected Constant propaganda has been broadcast during the past home market in disposing of its products, just as the protected two years to convey the impression that to-morrow conditions lead, ziric, iron, and aluminum industries must do in disposing will be better. Germany or some other European nation will of their metal product. In so doing our copper-mining in soon be able to buy our domestic copper, and so forth. We can dustry may expect to secure the same degree of wholesome not now compete in the Em·opean markets with the large prosperity that these industries enjoy. volume of low-cost foreign-produced copper, and even if we Copper is one of the metals of vital necessity in caring for could for the moment where is the Andes Copper Co. going to our industrial needs. Certainly it will be beneficial to our sell its 200,000,000 pounds annual output when it adds its quota Nation to retain any surplus in excess of our industrial neces a few months hence to the ever-swelling Chilean copper stream? sities; once exported it will be lost to us forever. Will it market the output in this country or in Europe? Even In consequence, it may be stated that no commercial necessity if Germany increased her per capita consumption by one-half, will exist necessitating our domestic producers to export cop her additional requirements could be more than satisfied by this per in order to mine at a profit when an adequate tariff is made new and latest foreign increment of increased production. If effective. That adequate profits will be available to those en the European copper market is so valuable, let the foreign pro gaged in the domestic copper-mining industry; also place it ducer of copper sell his product there. The independent and on a fundamentally solid basis through control of its home purely domestic copper producer is satistled with selling his market; likewise hold in reserYe for future national necessities product in his home areas. He is entitled to his home market our former exports thereof. for his product. Grant him this· right as you did citizens en Further discussing the contention that rea onable profits are gaged in the protected steel, lead, zinc, and aluminum in not available to the dome ·tic copper producer through soleJy dustries. supplying the copper necessities of our country, a metal indus- 1926 CONGRESSIONAL REOORD-SENATE .7193 try, namely, the iron Industry, affords instructive parallel be of incalculable aid to our national defense If war should ever example as to probable profits available. It will be remem over~helm us. bered that our country produces about 60 per cent of the steel Our domestic copper-mining industry can only be maintained production of the world and about 50 per cent of the world's on a constant thoroughly maximum efficient national defen.:e copper production. The gross value of pig iron produced in basis by preventing foreigners importing an unlimited pound 1923 was more than fi~e times greater than the gross value of age of copper duty free, the continuing effect of same being the electrolytic copper produced during that year. Our domestic certain and utter destruction of our domestic copper-mining steel industry is not an exporter of steel ingots, is accorded industry. Congress has, through the medium of a protective rigid tariff protection, and is one of our continuing highly pros tariff, saved the economic lives of nearly all the industrial perom; metal industl"ies. The United States Steel Corporation brotherhood within our Nation. It prevented the economic life controls about 60 per cent of the iron production of this country of our iron miner from being destroyed by the iron machete of and is not alone one of the richest and most powerful of our cheap foreign labor areas. It prevented the economic skull of domestic corporations but also one of the greatest in the world. our lead miner from being crushed by lead billets wielded by Its major earnings have been solely secured by supplying a foreign economic foes. Why, then, not accord equivalent jus portion of the iron necessities of our home areas, said iron tice to their brother, the copper miner. and grant him protec being mined solely from domestic iron-ore deposits. The SteP-1 tion-save his economic life from the copper arrow of the Corporation is not an exporter of steel ingots. It can not com Andes and the copper spear of the Kongo "l pete abroad with the cheap-labor iron products from foreign Each economic child of our country is entitled to equivalent areas. Nevertheless, it has enjoyed unexampled prosperity in care, opportunity, and protection. Equal devotion should be be the past and does now secure excellent earnings through solely stowed on each unit of our economic progeny. In protecting the selling its products within our home market. Likewise the copper miner you will not alone accord justice and equity but ·employees of the Steel Corporation and the domestic communi likewise comply with the economic law that has made our ties in which it operates have enjoyed and do now enjoy excep country the mightiest and the most contented industrial Nation tional prosperity. The annual gross earnings of the Steel in the whole recorded cycle of human activities. The miners Corporation alone about equals the total gross value of our within the copper areas of our country dependent upon the con annual domestic copper production. tinued and uninterrupted mining of copper have wives, chil If our generous citizenship is willing to reward the Steel dren, communities, and States within their keeping. They have Corporation for efficient services in the iron industry by ac ambitions to care for their proportionate burdens of home and cording it a sum about equal to the gross value of our domes national welfare--just as desirous of living self-sustaining, tic copper production, it is reasonable to assume that they will independent, useful, and patriotic lives as did their eastern for grant the copper producer an equivalent proportional reward bears or those of their brothers engaged in all the protected wWcb he will be entitled to for rendering efficient service in subdivisions of our industrial activities. supplying the vital copper necessities of our country. It is self They plead with you to heed their cry for protection of all evident that through securing this proportional reward the do they hold dear in life. In granting them protection you are mestic copper producer will enjoy unusual prosperity. When aiding the progeny of the hardy pioneers who initiated the the dom·estic copper producer is prosperous it means a pros copper industry within our country nearly a century ago midst perous and contented copper miner and prosperity for all the the hardships and dangers of Keweenaw Peninsula. You others dependent on the copper-mining industry. will also save the livelihood and future of the descendants To digress for a moment, attention will be directed to a of those pioneers who established and maintained the out fundamental difference between the policy of the United States posts that initiated and developed our western areas. In aid-· Steel Corporation and the crystallizing policy of the incipient ing these citizens you will also provide for a continuance International Copp·er Corporation. The financiers who formu of those agencies that have in the past brought forth into our lated and made effective the Steel Corporation did this on the channels of commerce inestimable values of copper and asso premise of securing iron for the corporation rolling mills solely ciated metals. Aiding them means an uninterrupted replen within our home iron areas. The political, judicial, and there ishing of our copper necessities not alone in time of peace fore the brilliant industrial history of the corporation would but in war as well. In aiding them you will give stimulus have been vastly different had it attempted to secure steel in and aid to create wealth within a thousand of our unex gots for its rolling mills from the cheap labor areas of foreign plored hills. The unfolding of treasure therein will afford lands. Hence an international copper corporation can find no livelihood, fortune, and happiness to hundreds of thou ·ands of optimistic precedent applicable to their ambitious international our citizens of the present and the generations to come. maximum-profit attempt through securing cheap, foreign-labor The protection so accorded will emphasize the minute care copper ingot'3 for their domestic rolling mills upon reviewing the you give to every subdivision of our industrial life, that the industrial history of the Steel Corporation. It can not expect the continuing wisdom of enfolding within the mantle of protec same degree of immunity accorded the Steel Corporation which. tion each and everyone thereof is deemed not only essential although unusually prosperous and a virtual monopoly, never nationally but likewise is an equable distribution of justice. theless, has rendered service to our country through securing You will in the years to come realize, feel, and cherish a de its total iron supply within our home areas and thereby aided gree of patriotic ·happiness most satisfying to mind and heart in developing our domestic iron in Kathl~en J. Martin to be postmaster at Louise, Miss. Office NORTH CAROLINA became presidential October 1, 1923. John W. Chapin to be postmaster at Aurora, N. C., in place of Taylor E. Dunn to be postmaster at University, Miss., in J. W. Chapin. Incumbent's commission expired February 10 place of J. w. Bell, jr., removed. 1926. ' MISSOURI Luadan V. Rhyne to be postmaster at Dallas, N. C., in place Mayme E. Prather to be postmaster at Advance, Mo., in of W. C. Hoffman. Incumbent's commission expired November place of M. El Prather. Incumbent's commission expires April 9, 1925. 11, 1926. George T. Whitaker to be postmaster at Franklinton, N. C., in Elan J. Nienstedt to be postmaster at Blodget, Mo., in place place of G. T. Whitaker. Incumbent's commission expired Feb of E. J. Nienstedt. Incumbent's commission e~'Pires April 11, ruary 3, 1926. 1926. Charles R. Grant to be postmaster at Mebane, N. C., in place Charles T. Lease t{) be postmaster at Forest City, 1\Io., in of C. R. Grant. Incumbent's commission expires April 11, 1926. place of C. T. Lease. Incumbent's commission expires April James L. Sheek to be postmaster at Mocksville, N. C., in place 11, 1926. of J. L. Sheek. Incumbent's commission expires April 14 1926. Robert E. Ward to be postmaster at Liberty, Mo., in place William B. Hemphill to be postmaster at Biltmore, N.' C., in of R. E. Ward. Incumbent's commission expires April 11, place of L. D. Maney, resigned. 1926. NORTH DAKOTA Lorenzo T. McKinney to be postmaster at Marceline, Mo., Victoria Quesnel to be postmaster at Bathgate N. Dak. in in place of L. T. McKinney. Incumbent's commission expires place of Yictoria Qtiesnel. Incumbent's commi~sion e:xplres April 11, 1926. April 11, 1926. John J. Sleight to be postmaster at Montgomery City, Mo., James W. Pratten to be postmaster at Milton, N. Dak, in in place of J. J. Sleight. Inctlmbent's commission expired place of J. W. Pratten. Incumbent's commission expires April March 13, 1926. 11, 1926. Lena B. Porter to be postmaster at Novelty, Mo., in place of OHIO \ L. B. Porter. Incumbent's commission expires April 11, 1926. W. Arthur Smith to be postmaster at Purdin, Mo., 1n place of Faye W. Helmick to be postmaster at Baltimore, Ohio, in W. A. Smith. Incumbent's commission expires April 11, 1926. place of F. W. Helmick. Incumbent's commission expired Octo \( ber 20, 1925. MO~TANA Helen M. Roley to be postmaster at Basil, Ohio, in place of Mary J. Tasa to be postmaster at Flaxville, Mont., in place H. M. Roley. Incumbent's commission expired February 17 of M. J. Tasa. Incumbent's commission e~-pires April 13, 1926. _ I 192G. Louis A. Co~klin to be postmaster at Forest, Ohio, in place Leon E. Phillips to be postmaster at Highwood, Mont., in of L. A. Collklm. Incumbent's commission expired March 23 place of L. E. Phillips. Incumbent's commission expires April 1926. , 13, 1926. Mae E. Douds to be postmaster at Hudson, Ohio, in place of Rose M. Sargent to be postmaster at Nashua, Mont., in l\1. E. Douds. Incumbent's commission expired December 19 place of R. l\1. Sargent. Incumbent's commission expires ·1925. t April 13, 1926. John B. Corns to be postmaster at Ironton, Ohio, in place of Letta Conser to be postmaster at Plevna, Mont., in place of A. W. Abele. Incumbent's commission expired November 15 Letta Conser. Incumbent's commission expires April 13, 1926. 1925. , Marie I. Moler to be postmaster at Reedpoint, Mont., in place Howard C. 1\Ioorman to be postmaster at Jamestown, Ohio, of I\1. I. l\loler. Incumbent's commission expires April 13, 1926. in place of H. C. Moorman. Incumbent's commission expires Blanche E. Breckenridge to be postma ter at Grassrange, April 13, 1926. l\Iont., in place of G. B. Laird, removed. Albert E. Gale to be postmaster at Lima, Ohio, in place of NEBRASKA A. E. Gale. Incumbent's commission expires April 13, 1926. Fred B. Herrlein to be postmaster at Deshler, Nebr., in John Q. Sanders to be postmaster at Wayne ·field, Ohio, in place of F. H. Herrlein. Incumbent's commission expires place of J. Q. Sanders. Incumbent's commission expires April April 14, 1926. 11, 1926. Herbert H. Ottens to be postmaster at Dunbar, Nebr., in place OKLAHOMA of F. C. Easley. Incumbent's commission expired January 23, George A. Strouse to be postmaster at Billings, Okla., in 1926. place of G. A. Strouse. Incumbent's commission expired April J ohn T. Bierbower to be postmaster at Giltner, Kebr., in 4, 1926. place of J. T. Bierbower. Incumbent's commission expires Gavin D. Duncan to be postmaster at Bo well, Okla., in April 14, 1926. place of G. D. Duncan. Incumbent's commission expires April .Allen A. Strong to be po~tmaster at Gordon, Nebr., in place 12, 1926 . of A. A. Strong. Incumbent's commission expires April 14, John E. T. Clark to be postmaster at Coalgate, Okla., in 1926. place of J. E. T. Clark. Incumbent's commission expired Harold Hjelmfelt to be postmaster at Holdrege, Nebr., in March 27, 1926. pla('e of Harold Hjelmfelt. Incumbent's commission expires Orlo H. Wills to be postmaster at Delaware, Okla., in place .April 14, 1926. of 0. H. Wills. Incumbent's commission expires April 12, Henry E. Schemmel to be postmaster at Hooper, Nebr., in 1926. • plate of H. E. Schemmel. Incumbent's commission expired Ida White to be postmaster at Konawa, Okla., in place of February 6, 1926. Ida ·white. Incumbent's commission expires April 12, 1926. lloward L. Sergeant to be postmaster at Juniata, Nebr., in Arthur W. Cmwford to be postmaster at Mooreland, Okla., place of H. L. Sergeant. Incumbent's commission e:~..'J)ired Janu in place of A. W. Crawford. Incumbent's commission expired ary 23, 1926. November 22, 1925. NEVADA Grace 1\.I. Johnson to be postmaster at Mulhall, Okla., in George H. Reinmund to be postmaster at Ruth, Nev., in place place of G. l\f. Johnson. Incumbent's commi sion expires April of II. :M. Willis, remoYed. 12, 1926. Merrill M. Barbee to be postmaster at Spiro, Okla., in place NEW HAMPSHIRE of M. :M. Barbee. Incumbent's commission expires April 12, Archie "'· Johnson to be postmaster at .Bartlett, N. H., in 1926. place of C. H. George. Incumbent's commission expired De Eve A. Loyd to be postma ter at Stigler, Okla., in place of cember 21, 1925. E. A. Loyd. Incumbent's commission expires Aprii 12, 1926. NEW YORK Albert Ross to be postmaster at Thomas, Okla., in place of Henry Leonhardt to be postmaster at Alexandria Bay, N. Y., Albert Ross. Incumbent's commission expires April 12, 1926. in place of W. H. Mar~hall. Incumbent's commission expired Harvey G. Brandenburg to be postmaster at Yale, Okla., in February 16, 1926. place of H. G. Brandenburg. Incumbent's commis ~ lon expires C. Homer Hook to be postmaster at Greenville, N. Y., in place April 12, 1926. of C. H. Hook. Incumbent's commission expires April 13, 1926. Jeanette E. Perry to be postmaster at Boiey, Okla., in place John B. Read to be postmaster at Poland, N. Y., in place of of G. W. J. Perry, removed. J. B. Read. Incumbent's commission expires April 13, 1926. OREGON Earl B. Templer to be postmaster at Valley Falls, N. Y., in William S. Bowers to be postmaster at Baker, Oreg., in place place of E. B. Templer. Incumbel!t's commission expires April of W. S. Bowers. Incumbent's commission expires April 12, 11, 1926. 1926. .719.6 CONGRESSIONAL RECORD-SJlliATE APRIL ~ PENNSYLVANIA l Minnie S. Parish to be postmaster at Huntsville, Tex., in John w. Aumiller to be postmaster at Eagles Mere, Pa., in place of l\1. S. Parish. Incumbent's commission expires April place of J. W. Aumiller. Incumbent's commission expired 13, 1926. March 31 1926. Joel W. Moore to be postmaster at McDade, Tex., in place of Howard L. Harbaugh to be postmaster at Fairfield, Pa., in J. W. Moore. Incum_bent's commission expires April 13, 1926. place of H. L. Harbaugh. Incumbent's commission expires Louis J. Scholl to oe postmaster at Malakoff, Tex., in place April 13, 1926. of L. J. Scholl. Incumbent's commission expires April tO, 1926. Katherine A. White to be postmaster at Mildred, Pa., in place VERMONT of K. A. White. Incumbent's commission expired March 7, 1926. Burton M. Swett to be postmaster at East Hardwick, Vt., James W. Hatch to be postmaster at North Girard, Pa., in in place of B. M. Swett. Incumbent's commission expired place of J. W. Hatch. Incumbent's commission expires April April 3, 1926. 18, 1926. Berton M. Willey to be postmaster at Greensboro, Vt., in George F. Grill to be postmaster at Pen Mar, Pa., in place place of B. M. Willey. Incumbent's commission expired April of G. F. Grill. Incumbent's commission exph·ed March 27, 8, 1926. 1926. VIRGINIA. Joseph M. Hathaway to be postmaster at Rices Landing, Anthony Hart to be postmaster at Clifton Station, Va., in Pa., in place of J. M. Hathaway. Incumbent's commission ex· place of Anthony Hart. Incumbent's commi sion expired pired August 24, 1925. March 10, 1926. William E. Vance to be postmaster at Unity, Pa., in place / George W. Hammontree to be postmaster at Yorktown, Va., ,-/ of W. E. Vance. Incumbent's commission expires April 13, in place of G. M. Shafer, resigned. 1926. ( Ruth Roberts to be postmaster at Vintondale, Pa., in place W -~SHINGTON Arthur H. Eldredge to be postmaster at Colfax, Wash., in of Ruth Roberts. Incumbent's commission expires April 13t r 1926. place of A. H. Eldredge. Incumbent's commission expires / William Dickinson to be postmaster at Factoryville, Pa., April 11, 1926. in place of 0. A. Read, deceased. Edwin 0. Dressel to be postmaster at Metaline Falls, Wash., ; RHODE ISLAND tn place of E. 0. Dressel. Incumbent's commission expired November 18, 1925. Charles F. Holroyd to be postmaster at Thornton, R. I., in place of C. F. Holroyd. Incumbent's commission U!)ires April WISCONSIN 11, 1926. Elmer Carlson to be postmaster at Brantwood, Wis., in place SOUTH CAB OLINA of Elmer Carlson. Incumbent's commission expired April 7, 1926. Horace A. White to be postmaster a Simpsonville, S. C., in Henry C. Scheller to be postmaster at Cecil, Wis., in place place of L. A. Cox, removed. of H. C. Scheller. Incumbent's commission expires April 13, SOUTH DAKOTA 1926. Charles H. McCrossen to be postmaster at Ashton, S. Dak., Eugene F. Stoddard to be postmaster at Downing, Wis., in in place of C. H. McCrossen. Incumbent's commission expires place of E. F. Stoddard. Incumbent's commisslon expires April 14, 1926. April 13, 1926. Otto W. Muchow to be postmaster at Hartford, S. Dak., in Simon Sk1·och to be postmaster at Independence, Wis., in place of 0. W. Muchow. Incumbent's commission expires April place of Simon Skroch. Incumbent's commission expires April 12, 1926. 11, 1926. Allee S. E get to be postmaster at Lily, S. Dak., in place Charles Pearson to be postmaster at La Valle, Wis., in place of A. S. Esget. Incumbent's commission expires April 14, of Charles Pearson. Incumbent's commission expires April 1926. 13, 1926. Ira D. Winter to be postmaster at Wall, S. Dak., in place of Carrie B. Carter to be postmaster at Lyndon Station, Wls., I. D. Winter. Incumbent's commission expires April 14, 1926. in place of C. B. Carter. Incumbent's commission expired TENNESSEE April 7, 1926. Carlton C. Good to be postmaster at Neshkoro, Wis., in Lincoln l\1. Bromley to be postmaster at Iron City, Tenn., in place of C. C. Good. Incumbent's commission expired March I place of L. M. Bromley. Incumbent's commission expired 29, 1926. March 24, 1926. Emmet W. Zimmerman to be postmaster at Phelps, Wis., in TEXAS place of E. W. Zimmerman. Incumbent's commission expired James T. Shaw, jr. to be postmaster at Anna, Tex., in place March 7, 1926. of J. T. Shaw, jr. Incumbent's commission expires April 13, Harry Bradley to be postmaster at Taylor, Wis., in place of 1926. Harry Bradley. Incumbent's commission expires April 13, Arthm· H. O'Kelley to be postmaster at Atlanta, Tex., in 1926. place of A. H. O'Kelley. Incumbent's commission expired Edmund 0. Johnson to be postmaster at Warrens, Wis., in March 31, 1926. place of E. 0. Johnson. Incumbent's commission expires April James R. Corbin to be postmaster at. Blooming Grove, Tex., 13, 1926. in place of J. R. Corbin. Incumbent's commission expires Oscar :M. Waterbury to be postmaster at Williams Bay, Wis., April 13, 1926. in place of 0. M. Waterbury. Incumbent's commission ex Robert S. Brennand to be postmaster at Colorado, Tex., in pired December 22, 1925. place of R. S. Brennand. Incumbent's commission expires George E. King to be postmaster at Winneconne, Wis., in April13, 1926. place of G. E. King. Incumbent's commission expires April Jasper M. Brooks to be postmaster at Copperas Cove, Tex., 13, 1926. in place of J. M. Brooks. Incumbent's commission expires WYOMING April 13, 1926. Charles A. Ackenhausen to be postmaster at Worland, Wyo., Jasper N. Coffman to be postmaster at Daingerfield, Tex., in place of C. A. Ackenhansen. Incumbent's commission ex in place of J. N. Coffman. Incumbent's commission expires pires April 14, 1926. April13, 1D26. William C. Guest to be postmaster at Dayton, Tex., in place of C. S. Brown. Incumbent's commission expired November CONFIRMATIONS 18, 1925. Ea:eetttive nominations confirmed by the Senate .Apr·iJ 9 ( legf& Andrew Schmidt to be postmaster at Edna, Tex., in place of lative day of April 5), 1926 Andrew Schmidt. Incumbent's commission expires April 13, 1926. KE ~ TUCKY Elam 0. Wright to be postmaster at Ec;;telline, Tex., in place of E. 0. Wright. Incumbent's commission expired February Robert H. Ledford, Paint Lick. 10, 1926. LOUISI.A.N A Jesse C. Miller to be postmaster at Elgin, Tex., In place of Esther Boudreaux, Donner. . F. B. Burke, removed. Harry J. Monroe, Elton. James W. Hampton to be postmaster at Handley, Tex., in Bernese S. Marquart, Lake Arthur. place of G. L. Fitch, resigned. Dennis U. Foster, jr., Lake Charles. Arnold H. Knee-e to be postmaster at Fredericksbm·g, Tex., John C. Yarbrough, 1\lan. field. in place of A. H. Kneese. Incumbents commission expires Goldman L. Lassalle, Opelousas. April 13, 1926. Oliver T. Slater, Sibley. 1926 CONGRESSIONAL RECORD-HOUSE .7197 each and every prediction it has been proven that be was wrong ; MARYLAND so I say that if the tartir were made an issue, Mr. OLDFIELD'S, and his Alonzo M. Moore, Cambridge. Democratic colleagues' predictions at the tlrrre the law was passed, Herbert. C. Leighton, Mountain Lake Park. would make our Democratic friends look so ridiculous as compared with the facts that the issue would be a joke. NEW JERSEY Clem Shaver has recently spoken. He is the chairman of the Demo Joseph H. McLaughlin, Bradley Beach. cratic National Committee, and, naturally, we would look to him as NEW MEXICO the man that would have the last word in outlining the issues by Effie C. Thatcher, Chama. which the "outs" would tackle the "ins" for possession of the reins of governn:rent in the coming election. He says the issues will be : Lucy R. Haynie, Cimarro~. Fern I. Brooks, Maxwell. " Presidential intimidation and coercion " ; second, the record of the Department of Justice, with reference to a law suit, to wit: the OKLAHOMA Aluminum Co. ; and third, " the wisdom of the Democrats of the Con Thomas J. 1\icNeely, Goltry. gress " in forcing sixty millions more of tax-reduction than Mr. · Thomas L. Ogilvie, Forgan. Coolidge favored. PENNSYLVA.NlA These arguments may constitute the issues. However, there is son:re John R. Diemer, Catawissa. dissension in the Democratic ranks on this suaject. The World Joseph B. Seifert, Dover. Herald of Omaha, owned by former Senator Hitchcock, I am informed, George H. Cunningham, Emaus. commenting editorially on March 30, coocerning Mr. Shaver's platform, HarYey L. Sterner, Gardners. as I have just outlined, says : Frank R. Jones, Iselin. "Is it merely Mr. Shaver's astute idea that the Democratic Party Harry F. Groff, Seven Valleys. shall pussy foot to a victory, negative and undeserved, on the high. crimes and misdemeanors of its opponents? " WISCONSIN Continuing, the World-Herald further says: Clifford J. Tice, Redgranite. "The Democratic Party used to stand for something. It used to Milton R. Stanley, Shawano. have ideas, however wild and woolly. It used to have high courage and unselfish devotion. It used to fight to preserve this as a demo cratic Republic and against its conversion into a plutocratic Republic. HOUSE OF REPRESENTATIVES And in those days the Democratic Party, whether adorned with the laurels of victory or the willows of defeat, was a positive and whole FRIDAY, April9, 19~6 some iniluence in the land. Its members believed in it, were proud The House met at 12 o'clock noon. of lt, and exerted themselves to rear their sons in its faith." The Chaplain, Rev. James Shera Montgomery, D. D., offered Concluding, the World-Herald says: the following prayer : "We do not find, we are frank and grieved to say, mnch that Is reminiscent of that Democratic Party in the campaign suggestions so Our Father who art in heaven, hallowed be Thy name, Thy cautiously put forward by Chairman Clem Shaver. And we doubt If kingdom come, Thy will be done on earth as lt is in heaven. Grover Cleveland or William J. Bryan or Woodrow Wilson would have, Give us this day our daily bread and forgive us our tres either." passes as we forgive those who trespass against us. And Coming, as this does, from perhaps the greatest Democratic news lead us not into temptation but deliver us from evil for Thine paper of the West, I am sure this radio audience will agree with me is the kingdom and the power and the glory for ever. Amen. that there is not nt present much more harmony in the Democratic The Journal of the proceedings of yesterday was read and Party to-day than there was at the time of the adjournment of the approved. convention or unpleasantness in New York in the summer of 1924. RADIO BPEEOH OF J.IR. TINCHER However, let us see if there is anything to the issues put fOt"th by Mr. Shaver, for be is the chosen leader. 1\fr. ANDRESEN. Mr. Speaker, I ask unanimous consent to First, " presidential intimidation and coercion "-a new rMe for extend my remarks in the RECoRD by printing a speech de President Coolidge, so far as the public is concerned. There is just livered by the gentleman from Kansas [Mr. TINOHER] over the about as much danger of the American people convicting Calvin radio a few days ago. · Coolidge of being an intimidator and coercer as there ls of the Ameri The SPEAKER. The gentleman from Minnesota asks unani can people conrtcting him of being n reckless spendthrift. He was mous consent to extend his remarks in the RECoRD by printing chosen by the voters as the bead of the executive branch of our Gov a speech delivered by the gentleman from Kansas [Mr. ernment. The people are not going to rise in holy indignation over TINCHER]. Is there objection? the fact that he may have told some board or commission what he There was no objection. thought they ought to do. The people elected Coolidge. He appoints Mr. ANDRESEN. Mr. Speaker, under leave granted to ex the boards and commissions. tend my remarks in the REcORD, I insert a speech made over the Second, with reference to the aluminum controversy; aluminum ts radio by the gentleman from Kansas [Mr. TINCHER], which is mighty cheap. In fact, you can buy an aluminum pan now about as as follows : · cheap as we used to buy tin bef.ore, under a protective system, we At this stage of the Congress preceding an election, in the past it has manufactured it in America. I imagine that Attorney General Sargent always been possible to know the issues upon which the campaign for will take care of the Department of Justice in a way that is Jlatis the election of a new Congress would be made. I am frank to say to factory to the people of thlB country. you that no such issues are drawn for the fall campaigns; so of neces The third "issue" is "the wisdom of the Democrats of the Con sity a Republican speaker to-night must indulge in what under ordinary gress " in forcing sixty millions more of tax reduction than Mr. Cool circum tances would be termed bragging or boasting of the things the idge favored. I would say this would be a fine issue. In the Sixty Republican Party has stood for and accomplished. eighth Congress our Democratic friends caucused and fought the tax True, the elections will be held, but what are the issues? Our reduction bill and made it an issue in the fall elections of 1924. We Democratic friends have two organizations-