8958 CONGRESSIONAL RECORD-SENATE MAY 8 2103. Also, resolutions of Great Falls Post, No. 3, American When pain an(] sickness made me cry, Legion, urging passage of the Johnson, Green, and Fitzgerald Who gazed upon my heavy eye veterans' bills during the present session of Congress; to the And wept for fear t.bat I should die! Committee on World War Veterans' Legislation. My mother.· 2104. By Mr. O'CONNELL of New York: Petition of Julien Who ran to help me when I !ell N. Friant, of Cape Girardeau, Mo., favoring the pas age of the And would some pretty story tell, Haugen agriculture relief bill; to the Committee on Agricul­ Or kiss the part to make it well? ture. My mother. 2105. Also, petition of the American Association of China, favoring the passage of House bills 6753 and 6771, refer­ Who taught my infant lips to pray, ring to the construction of a new United States Government To love God's Holy Word and day, building in Shanghai, China ; , to the Committee on Foreign And walk in wisdom's pleasant way? Affairs. :My mother. 2106. By ·Mrs. ROGERS: Resolution by Andover Cl\·Iass.) And can I ever cease to be Association of Ministers and Congregational Churches, favor­ Affectionate and kind to thee, ing strict enforcement of the eighteenth amendment; to the Who wast so very kind to me-- Committee on the Judiciary. 1\Iy mother. Oh, no; the thought I can not bear; SENATE .And if God please roy life to spare I hope I shall reward thy care-- SATURDAY, May 8,1926 My mother. (Legi8lative da-y of Th-tLr8da1/, May 6, 1926) When thou art feeble, o1d, and gray, ThP Senate reassembled at 12 o'clock meridian, on the expira­ My healthy arm shall be thy stay, tion of the recess. And I will soothe thy pains away- Mr. C RTIS. Mr. President, I suggest the absence of a My mother. quorum. And when I see thee hang thy head, The VICE PRESIDENT. The clerk will call the roll. 'T.will be roy turn to watch thy bed, The legislative clerk called the roll, and the following Sen­ And tears of sweet affection shed- ators answered to their names: My mother. Asb urst Fess King Robinson, Ind. Bayard Fletcher La Follette Sackett 1\Ir. HEFLIN. 1\Ir. President, I thank the Senator for his Blngbaro Frazier Lenroot Sheppard kindly reference to me. In 1914, when I was a Member of the Blease George McKellar Shipstead Borah Gerry McLean Shortridge House, Miss Annie Jarvis, a native of West Virginia, but now Bratton Gillett McMaster Simmons of Pennsylvania, came to me and requested me to introduce a Broussard Glass McNary Smoot resolution providing for Mothers' Day. Her great love for her Bruce Goff Mayfield Stanfield Butler Gooding Means Steck own mother caused her to devote herself to the work of having Cameron Greene Metcalf Swanson Congress set apart a day to be known and observed as Mothers' Couzens Ha1e Neely TrammeJI pay. I prepared and introduced the resolution in the House, Cummins Haneld Norbeck Tyson Curtis Harris Norris Underwood and it was passed by that body May 7, 1914. When it reached Deneen Heflin Nye Wad worth the Senate I requested the able and valuable Senator from Dill Howell Oddie Warren Texas [Mr. SHEPPARD] to take charge of it, and he secured its Edge Johnson Overman Watson Edwards Jones, N. llex. Phipps Wheeler passage by the Senate. Ern ,t Jones, \Vash. Ransdell Willis To-morrow is Mothers' Day, and the poem just read by the Fernald Kendrick Reed, Mo. Senator from Texas is indeed beautiful and appropriate. Mr. :fi'erris Keyes Reed, Pa. President, I send to the clerk's desk and ask to have read a Mr. CURTIS. I desire to announce that my colleague [Mr. splendid tribute to mother by Tom Dillon. CAPPER] is absent on account of illness in his family. I will The VICE PRESIDENT. The clerk will read as requested. let this announcement stand for the day. The legislative clerk read as follows: Mr. JONES of Washington. I was requested to announce MY MOTHER-A PRAYER that the Senator from Missouri [Mr. WILLI.AM:s], the Senator from New York [Mr. CoPELAND], and the Senator from Missis­ By Tom Dillon sippi [Mr·. STEPHENS] are engaged on business of the Senate in For the body you gave me, the bone and the sinew, the heart and the the Committee on Commerce. brain that are yours, my mother, I thank you. I thank you for the The VICE PRESIDENT. Seventy-eight Senators having an­ light in roy eyes, the blood in my veins, for my speech, for my life, for swered to their names, a quorum is present. my being. All that I am Is from you who bore me. For all the love that you gave me, unmeasured from the beginning, MOTHERS' DAY my mother, I thank you. I thank you for the hand that led me, the Mr. SHEPPARD. Mr. President, to-morrow, Sunday, is voice that directed me, the breast · that nestled me, the arm that Mothers' Day. It is a day set apart by -virtue of a resolu­ shielded me, the lap that rested me. All that I am is by you who tion of Congre s, the author of which is now a distinguished nursed me. Member of this body, the junior Senator from Alabama [Mr. For your smile in the morning and your kiss at nigbt, my mother, HEFLIN]. He was a Member of the House when he introduced I thank you. I thank you for the tears you shed over me, the songs the re olution creating Mothers' Day. that you sung to me, the prayers you said for me, for your vigils and In honor of to-morrow I wish to read to the Senate a brief ministerings. All that I am is by you who reared me. poem on "Mother." This poem is by an anonymous author, For the faith you had in me, the hope you had for me, for your trust and the Washington Times had the following to say of it: and your pride, my mother, I thank you. I thank you for your praise Many will be glad to see reprinted the following poem, which has and yow· chiding, for the justice you bred into me and the honor you been a classic for a century. No scrapbook is complete without it. made mine. All that I am you taught me. For the sore travail that I caused you, for the visions and despairs, I now read the poem : my mother, forgive me. Forgive me the peril I brought you to, the HY MOTHER sobs and the moans I wrung from you, and for the strength I took from Who fed me from her gentle breast, you, mother, forgive me. And hushed me in her arms to rest, · For the fears I gave you, for the alarms and the dreads, my mother, And on my cheek sweet kisses prest! forgive me. Forgive me the joys I deprived you, the toils I made for My mother. you, for the hours, the days, and the years I claimed from you, mother, forgive me. When sleep forsook my open eye, For the times that I hurt you, the times I bad no smile for you, the Who was it sung sweet lullaby caresses I did not give you, my mother, forgive me. Forgive me for my And rocked me that I should not cry! angers and revolts, for my deceits and evasions, for all the pangs and My mother. sorrows I brought to you, mother, forgive me. Wbo sat and watched my infant head For your lessons I did not learn, for your wishes I did not heed, for When sleeping in my cradle bed, the counsels I did not obey, my mother, forgive me. Forgive me my And tears or sweet atrectlon shed? pride ln my youth and my glory in my strength that forgot the holi­ My mother. ness of your years and the veneration of your weakness, for my neg- 1926 CONGRESSIONAL . RECORD-SENATE 8959 lect, for my selftshnE:ss, for ali the great debts of your love that I MOBOXGO INDIA.l' RESERVATION LANDS, CALIFORi\"'l:A hn>e not paid, mother, sweet mother, forgive me. The VICE PRESIDENT laid before the Senate the amend­ And may the peace and the joy that passeth all understanding be ment of the House of Representatives to the bill ( S. 2702) yours, my mother, forever and ever. Amen. to provide for the setting apart of certain lands in the State Mr. HEFLIN. Mr. President, I have here a proclamation of California as an addition to the :Morongo Indian Reserva­ which was issued by President Wilson, which I ask the clerk tion, which was, on page 1, lines 7 and 8, to strike out " and to read. the north half of the southwest quarter of section 2D." The VICE PRESIDENT. The clerk will read as requested. l\1r. HARUELD. I move that the Senate disagree to the The legislative clerk read as follows: House amendment, ask for a conference with the House on DAY the disagreeing votes of the two Houses thereon, and that the MOTHERS~ Chair appoint the conferees on the part of the Senate. A proclamation issued by President Wilson (38 Stats. pt. 2, p. 1996) The motion was agreed to, and the Vice President appointed MAY 9, 1914. Mr. HARRELD, Mr. LA FoLLETTE, and Mr. BRA1'TON conferees A t>roclamation. by the President of the United States of America: on the part of the Senate. Whereas by a joint resolution approved May 8, 1914, "designating PUBLIC BUILDINGS the second Sunday in May as Mothers' Day, and for other purposes," the President is authorized and req®sted to issue a proclamation call~ The VICE PRESIDENT laid before the Senate the action ing upon the officials to display the United States flag on all Go'i'ern­ of the House of Representatives disagreeing to the amendments ment buildings, and the people of the United States to display the flag of the Senate to the bill (H. R. 0559) for the construction of at their homes or other suitable places on the second Sunday in 1\Iay certain public buildings, and for other purposes, and asking as a public expression of our love and reve:t:ence for the mothers of our for a conference with the Senate on the disagreeing votes of the country; and two Houses thereon. Mr. FERNALD. I move that the Senate insist upon its Whereas by the said joint resolution it is made the duty of the amendments, agree to the conference requested by the House President to request the observance of the second Sunday in May as of Representatives, and that the Vice President appoint the provided for in the said joint resolution:· Now, therefore, conferees on the part of the Senate. I, Woodrvw Wilson, President of the United States of America, by The motion was agreed to, and Mr. FERNALD, Mr. WARREN, virtue of the authority vested in me by the said joint resolution, do Mr. LENROOT, 1\ir. REED of Missouri, and Mr. SWANSON were hereby direct the Government officials to display the United States flag appointed conferees on the part of the Senate. on all Government buildings and do rnvite the people of the united States to display the flag of the United States at their homes or other PETITION AND MEMORIAL suitable places on the second Sunday in .May as a public expression of Mr. BORAH presented a letter in the nature of a memorial our love and reverence for the mothers of our country. from the Tiona Petroleum Co., Philadelphia, Pa., protesting MESSAGE FROM THE HOUSE again;:;t the alleged drastic restrictions laid on the importation and sale of American petroleum products in France, which was A me sage from the House of Representatives, by Mr. Chaf­ referred to the Committee on Finance. fee, one of its clerks, announced that the House had ag1·eed to l\lr. EDWARDS. I present a petition of Capt. John J. Phelps the report of the committee of conference on the disagreeing and other citizens, of New Jersey, praying for the extension of votes of the two Houses on the amendments of the Senate to the boundaries of the Yellowstone National Park southward, the bill (H. R. 8i71) to extend the time for commencing and so as to include the Teton Valley. I ask that the petition be completing the construction of a bridge across Detroit River inserted in the Rmon.n and referred to the appropriate com­ within or near the city limits of Detroit, Mich. mittee. The message also annotmced that the !louse had disagreed There being no objection, the petition was referred to the to the amendments of the Senate to the bill (H. R. 6550) to Committee on Public Lands and Surveys and ordered to be provide for the construction of certain pubHc buildings, and printed in the Rooon.n, as follows: for other purposes, requested a conference mth the Senate on As President Coolidge's committee recommends, the Jacksons Hole the disagreeing votes of the two Houses thereon, and that M:r. extension should be included in Yellowstone National Park. ELLIOTT, -,ir. KoPP, and Mr. LANH.o\.M were appointed man­ This proposed extension comprises the wonderful Teton Mountains­ agers on the part of the House at the conference. the Grand Teton, his two forbidding sisters, and their more distant ENROLLED BILLS SIGJ\TED relations-together with the chain of lovely mountain lakes at their feet, and a. strip of forest as a girdle. The message fmther announced that the Speaker of the This country is distinctly of national park caliber, and so far has House had affixed his signature to the following enrolled bills, largely retained its primeval beauties. That it can not maintain its and they were thereupon signed by the Vice President : present wildness and its more easily defaced beauties without organized S. 37. An act for the relief of First Lieut. Harry L. Rogers, effort will never be disputed by anyone who has observed it carefully. jr.; In' this 12 months I have seen many striking changes. S. 1482. An act to authorize the Secretary of War to grant " Tin-can tourists "-the kind who carve their initials on smooth easements in and upon public military reservations and other aspen trunks, scatter tin cans and papers about the countryside when­ lands under his control; ever a generous impulse strikes them-increase in number yearly, de­ S. 1484. An act to amend section 1, act of March 4, 1009 facing as they go. Hot-dog stands, little dinky shanty stores full of (sundry civil act), so as to make the Chief of Finance of the multi-colored soda pop and ginger beer-challenging nature's coloring of Army a member of the Board of Commissioners of the United the Tetons-spring up to meet their vulgar desires. Already the road States Soldiers' Home; leading to beautiful Je1rny's Lake from the main highway is enough H. R. 8771. An act to extend the time for commencing and to keep decent folk awake nights. completing the construction of a bridge across Detroit River The National Forest Service,· owner of most of the land in the pro­ within or near the city limits of Detroit, Mich.; posed extension, administers the forest for the public good, which H. R. 10246. An act to authorize the commissioners of Mc­ seems to mean that so long as the tourist doesn't leave his fire burning Kean County, Pa., or their successors in office, to construct a he can do what he likes. Furthermore, Colonel Greeley, Chief Forester, bridge across the Allegheny River at a certain location where has publicly said that if pressed by the State of Wyoming, the lforest a highway known as State Highway Route No. 211 crosses said Service would permit industrial development in this area. Sawmills, river at a location within the limits of the borough of Eldred tie camps, perhaps oil wells, would be possible industries, none of them or not distant more than one-half mile north of said borough beauty parlors for land. The Forest Service has already granted pri­ of Eldred, McKean County, Pa. ; and vate leases on Leigh and Taggart Lakes, and is prepared to give others, H. R. 10501. An act to repeal section 806 of the revenue act while a sawmill has been in operation for several years. of 1926. Whatever its policy with regard to close grazers may be, sheep IVY L. MERRILL spend much of the summer up in the Tetons, fouling the springs and turning into dusty wastes meadows once covered with a rich growtl fJf The VICE PRESIDENT laid before the Senate the amend­ grass and flowers. ment of the House of Representatives to the bill ( S. 2318) for The Forest Service has neither the incentive nor the power to main­ the relief of Ivy L. Merrill, which was, on page 1, line 4, to tain this country forever as a recreational area. The National Park strike out the word " the " where it appears the first time and Service bas both the power and the incentive. insert " any." 'l'he State of Wyoming will not preserve it. Being familiar with it, Mr. HARRELD. I move that the Senate concur in the the people see no value in their glorious scenery. They r efuse to sacri­ amendment of the House. It is merely a formal amendment. fice to the enjoyment of the Nation the faint pos ibility of making The motion was agreed to. money out of timber or hitherto undiscovered oil. At the mere pros- 8960 CONGRESSIONAL RECORD-SENATE MAY 8 pect newspapers all over the State froth into large headlines and by which the Board of General Appraisers and members thereof scream out the slogan, " Wyoming for the people of Wyoming." Why shall hereafter be known, reported it without amendment and should we not respond, " God's largesse for the Nation! " submitt-ed a. rep-ort (No. 781) thereon. Nor will Teton County take steps to preserve the beauty that at­ Mr. W ADSWORTB. from the Committee on Military Affairs, tracts to it visitors from every State in the Union. It fears the to which was referred the bill (H. R. 9636) to provide for the alienation of taxable property without compensation; it joins the State's inspection of the battle field of Pea Ridge, Ark., reported it selfish slogan and vague hopes of gain. Content to gouge the tourist with an amendment and submitted a report (No. 782) thereon. of to-day, it lays no plan to attract the tourist of to-morrow. Only He also, from the same committee, to which were referred one or two residents can see that a slice of park in the county means the following bills, reported them severally without amendment not only an enhancement of land values, but excellent publicity, such as and submitted reports thereon : will bring not only a greater number of tourists, but more desirable A bill (S. 3712) to increase· the number of cadet and mid­ tourists. It might well attract wealthy persons, who would be glad shipmen at the United State ~Iilitary and Naval Academie~, to buy ranches in that district that have been deserted because they re pectively (Rept. No. 783) ; are wholly unprofitable. A bill (H. R. 9178) to amend section 12 of the act approved In all discussions of local prejudices it is well to remember that the June 10, 1922, so as to authcrize payment of actual expenses land intended for the proposed extension is not used by the chief ob­ for travel under orders in Alaska (Rept. No. 784) ; and jeetors. Most of it is national forest; there are perhaps seven ranches . A bill (H. R. 11511) to amend in certain particulars the included. It is interesting to note that the owners of three of the national defense act of JUlie 3, 1916, as amended, and for other largest of these are in favor of the park. purposes (Rept. No. 785 ). This cou:ytry properly belongs in the park, for it is best adapted for 1\Ir. GOFF, from the Committee on Claims, to which was a recreational area. It is as yet remarkably beautiful country, almost referred the bill ( S. 2609) for the relief of James E. Van unspoiled ; a happy refuge for big game and other wild life. Horne, reported it with an amendment and submitted a report Despite fond hopes of industrial activity, transportation would be (No. 786) thereon. found both expensive and difficult. At no point 1s the proposed exten­ l\!r. SHEPPARD, from the Committee on Military Affairs, to sion less than 25 miles from the nearest railroad, and snow, beginning which was referred the bill (H. R. 4189) for the relief of the in November and lasting until late in :llay, is seldom less than 4 feet Chamber of Commerce of Montgomery, Ala., Jack Thorington, deep an

LESTER A. ROCKWELL WALKER RIVER IRRIGATION DAM, NEV. Mr. BINGHAM. From the Committee on Military Affairs I Mr. ODDIE submitted an amendment intended to be proposed report back favorably without amendment the bill (H. R. 6418) by him to the bill ( S. 2826) f-or the construction of an iri iga­ to correct the military record of Lester A. Rockwell, and I tion dam on Walker River, Nev., and for other purpo. es, which submit a report (No. 773) thereon. I ask unanimous consent was ordered to lie on the table and to be printed. for the imn1ediate consideration of the bill. A similar bill has PRESID~~T1AL APPROVALS passed the Senate three times, and it has at last passed the House of Representatives. A message from the President of the United States, by l\Ir. The VICE PRESIDENT. Is there objection to the present Latta, one of his secretaries, announced that on May 7, 1926, cumdderation of the bill? the President had approved and signed the following acts : l\1r. SMOOT. Let the bill be read. S. 547. An act for the relief of James W. Laxson ; The bill was read ; and there being no objection, the Senate, S. 2853. An act to authorize the transfer to the jurisdiction as in Committee of the Whole, proceeded to its consideration. of the Commis loners of the District of Columbia of a certain It provides that Lester A. Rockwell, late of Company G, First portion of the Anacostia Park for use as a tree nursery; Regiment Connecticut Volunteer Oavalry, shall hereafter be S. 99. An act for the relief of the owner of the lighter East­ held and considered to have been honorably discharged from man No. 14,· the military service of the United States as a member of Com­ S. 113. An act for the relief of the owner of the American pany G, First Regiment Connecticut Volunteer Cavalry, on the barge Texaoo No. 153; 29th day of April, 1865; but that no pay, bounty, pension, or S. 530. An act for the relief of the owners of the steamship other emolument shall accrue prior to or. by reason of the Basse I ndre and all owners of cargo laden aboard said vessel pas age of this act. at the time of her collision with the steamship Ho'usatonic; The bill was reported to the Senate without amendment, or­ S. 1226. An act to amend the trading with the enemy act; dered to a third reading, read the third time, and passed. S. 2124. An act for the relief of Philip Hertz (Philip Herz) ; and BILLS INTRODUCED S. 2848. An act to extend the time for institution of proceed­ Bills were introduced, read the first time, and, by unanimous ings authorized under Private Law No. 81, Sixty-eighth Con­ consent, the second time, and referred as follows : gress, being an act for the relief of Henry A. Kessel Co. (Inc.). By Mr. BRUCE: RAILWAY CARJUERS AND THEIR EMPLOYEES A bill ( S. 4201) for the relief of common carriers or trans­ portation companies granting credit to the United States for The Senate, as in Committee of the Whole, resumed the transportation ; to the Committee on Interstate Commerce. consideration of the bill (H. R. 9463) to provide for the prompt / By l\Ir. SHEPPARD: disposition of disputes between carriers and their employees, A bill (S. 4202) authorizing the issuance of service medals and for other purposes. to officers and enlisted men of the brigade of Texas infantry l\Ir. WATSON. Mr. President, the pending amendment is organized under authority from the War De·partment during the on·e offered by the Senator from Kansas [:Mr. Ct.'RTIS]. If the World War, and authorizing an appropriation therefor; there are no further rem8J.·ks to be made by Senators on the and further authorizing the wearing by such officers and en­ amendment, I am ready to have a vote upon it. listed men on occasions of ceremony of the uniform lawfully Mr. KI~G. .Mr. President, I suggest the absence of a prescribed to be worn by them during their service ; to the Com­ quorum. mittee on Military Affairs. The VICE PRESIDENT. The clerk will call the roll. By Mr. EDGE: The roll was called, and· the following Senators answered A bill ( S. 4203) to amend the national prohibition act as to their names : supplemented, in re pect of the manufacture of liquor without Ashurst Fess King Robinson, Ind. Bayard Fletcher La Follette Sackett a permit; to the Committee on the Judiciary. Bingham Frazier Lenroot Sheppard By Mr. TYSON: . Blease George McKellar Shipstead A bill ( S. 4204) for the relief of Charles G. Mynatt; to the Borah Gerry McLean Shortridge Bratton Gillett McMaster Simmons Committee on Claims. Broussard Glass McNary Smoot By Mr. NORBECK: Bruce Golf Mayfield Stanfield A bill (S. 4205) granting a pension to Anne Remmert (with Butler Gooding Means Steck Cameron Greene Metcalf Stephens an accompanying paper) ; and Couzens Hale Neely Swanson A bill (S. 4206) granting an increase of pension to Lucinda Cummins Harreld Norbeck Trammell M. Davis; to the Committee on Pensions. Curtis Harris Norris Tyson Deneen Heflin Nye Underwood By l\Ir. GOFF: Dill Howell Oddie Wadsworth A bill ( S. 4207) to amend and strengthen the national pro­ Edge Johnson Overman Warren hibition act and the act of November 23, 1921, supplemental Edwards Jones, N.Mex. Phipps Watson Ernst Jones, Wash. Ransdell Wheeler thereto, and for other purposes ; to the Committee on the Fernald Kendrick Reed, Mo. Willis Judiciary. Ferris Keyes Reed, Pa. By l\Ir. MAYFIELD: The VICE PRESIDENT. Seventy-nine Senators having an­ A bill (S. 4208) for the preve·ntion and removal of obstruc­ swered to their names, a quorum is present. tions and burdens upon interstate commerce in cottonseed oil, 1\Ir. PIDPPS. l\Ir. President, I desire to offer an amendment by regulating transactions on future ·exchanges, and for other to the pending m·easure, which I ask to have printed and to lie purposes ; to the Committee on Agriculture and Forestry. on the table. By Mr. ERNST: The VICE PRESIDENT. It will be so ordered. A bill (S. 4209) to provide for the establishment of the Mr. OURTIS. Mr. President, I ask that the communication Mammoth Oave National Park in the State of Kentucky, and which I send to the desk from the American Farm Bureau for other purposes; to the Committee on Public Lands and Federation and the National Grange may be read at the desk. Surveys. The VICE PRESIDENT. Without objection, the clerk will By Mr. NEELY: read. A bill (S. 4210) granting an increase of pension to Lydia E. The legislative clerk read as follows: Irelan ; to the Committee on Pensions. AMERICAN FARM BUREAU FEDERATION, OIL AND GAB LEASES IN EXECUTIVE-ORDER INDIAN RESERVATIO~S NATIONAL GRANGE, PATRONS OF HUSBANDRY, l\1r. BRATTON submitted an amendment in the nature of a Washington, D. 0., May 8, 1926. substitute and three additional amendments intended to be pro­ Joint statement American Farm Bureau Federation and National Grange, posed by him to the bill ( S. 4152) to authorize oil and gas Patrons of Husbandry, respecting the pending Watson-Parker bill mining leases upon unallotted lands within Executive-order To the Senate of the United States: Indian reservations, and for other purposes, which were ordered GENTLEMEN: You have listened to several days of debate on the to lie on the table and to· be printed. • railroad disputes bill (H. R. 9463). We want to remind you that the STORAGE OF WATERS OF THE PECOS RIVER bill is the product of the parties at interest. Neither farmers nor any other users of transportation were consulted in its preparation or had Mr. JONES of New l\Iexico submitted an amendment intended any chance to examine it before it was introduced and hurried to a to be proposed by him to the bill (H. R. 3862) to provide for hearing. Farmers are slow to get news and act upon it. Before they the storage of the waters of the Pecos River, which was ordered had any chance to study this proposal or be heard upon it, although we to lie on the table and to be printed. asked for a chance, we were told the hearings could not be kept open 8962 CONGRESSIONAL RECORD-SENATE MAY .8 until our representatives could discuss it and present our views before to the measure was earnest and vigorous. Dire results were the committees of Congress. predicted if the measure were passed. It was particularly The parties who shaped this bill ln secret had every opportunity to urged that its passage would be inimical to the interests of the urge their views before your committee. We have had no hearing, yet shippers and particularly the agriculturalists of our country; none are more deeply affected than we by the operation of this pro­ that it would compel increase in rates, though freight and posal. For you are asked to abolish existing public representation pa senger rates had reached such altitudinous heights as to be and control over wage awards and agreements without any effective exceedingly oppressive. substitute. You retain publlc control of rates but leave to the parties While I was greatly in sympathy with any and every measure at interest the determination of wage costs by agreement or arbitra­ that would tend to improve the conditions of labor and although tion through their own representatives, with no public protection I had always favored, and did when the measure referred to against excessive charges which are bound to be reflected in our rates. was under consideration, wages commensurate with the work If you are determined to no longer protect the public through the performed and the happiness and progress of the entire com­ Labor Board, wlly not give the Interstate Commerce Commission the munity, I was considerably impressed with the arguments then power to suspend improper awards or agreements? Any reasonable made and particularly with the statements that the Bowell­ arrangement between the parties can stand the test of a public exami­ Barkley bill, if passed, would inedtably increase freight rates. nation. If it can not, why should it escape that test? Wen-ere told by farmers and by manufacturers that transporta­ You are told in debate that we are asking a power that can not tion charges had reached the breaking point and that addi­ be given to the Interstate Commerce Commission. What we ask is tional increase,· no matter how unimportant, would work the not a new power. It bas been possessed and exercised by the Labor most disastrous consequences to the economic and industrial Board for six years. That may be denied by some Senators. But the life of our country. railroad managers and their attorneys, who ought to know what the We now find some of the same railroad representatives who law is and what the powers of Congress are, called your attention a so loudly denounced the Bowell-Barkley bill enthu iastically year ago to the fact that the Railroad Labor Board -possessed the supporting the pending measure. I am a little curious to know power to suspend wage agreements which may require rute adjust­ the reasons for the complete somersaUlt which has been taken. ments and the power to prevent any wage award from becoming effec­ tive unless one public representative approve it. The railroad man­ Were the proponents of the Bowell-Barkley bill sincere, or If agers declared not only that that power existed, but insisted that it were they misrepresenting the facts to Congress? they were must be retained to protect both the public and themselves. Nobody not insincere, and if their statements were the result of in­ has questioned the existence or value of that power for six years. accurate information or ba ed upon prejudice and unreasonable Nobody criticized it until we asked you to retain it to protect u . and groundless fears, what assurance have we that their pres­ We are the most defenseless group in this country against increases ent representations entitle to greater consideration? In transportation rates. We pay freight on everything we produce to I recall that Mr. Thorn, a man of great ability, representing get it to market. We pay freight on everything we buy. The Joint the railroads, most vigorously assailed the Bowell-Barkley Commission on Agricultural Inquiry, consisting of five Senators and bill. He testified in opposition to it, as I now recall, and with­ five Members of the Honse, pointed out to you in 1!>22 the great part out any re. . ervation declared that it would be provocative of that freight rates play in our prices. Their first finding was: discord and trouble and would be highly di. advantageous to "1. The freight rates upon perishables normally take about one­ the shippers as well a to the consuming public. But it ap­ third of the selling price, frequently running as high as two-thirds; pears that Mr. Thorn is now eloquently pleading for the enact­ that these rates in periods of low-price levels and slight demand con­ ment of this bill. stitute a very heavy burden upon this traffic. This is especially true, I have hastily examined some of his statements before the owing to the average length of haul q;f these commodities, which was House and Senate committees upon the pending mea ure, but shown to be more than 1,400 miles in a study of 9,476 shipments." have been unable to find where he reconciles his present posi­ (Report of Joint Commission of Agricultural Inquiry, Pt. III, p. G.) tion with the attitude which he then assumed. His position, In the light of these facts wlll you, the protectors of the public inter­ like the position of the Senator from Indiana, as well as other est, take away the only preventive safeguard we have? Is it not sus­ Senators, seems to be that this measure is the best that can be picious that the parties at interest are indignant at the suggestion obtained and that it has been agreed to by the carriers and that they ought to be willing i:o vindicate before public representatives their employee and therefore Congress has nothing to do but the reasonableness of wage agreements before they become effective? approve it. That reason, Mr. President, appealing as it may It took 30 years to secure public representation over agreements be to many, is not sufficient, standing alone, to warrant this that fix the cost or freight service. Will you, the representatives of the legislation. Of course it is important to have capital and labor public, now silence its voice? in agreement, and it is regarded by many political writers and Let the parties make agreements, but don't destroy public supervision by students of social and economic conditions that an indict­ of them. We have it now. Why destroy it? Fifteen million farmers ment lies against our civilization because it doe not produce and their families ask you to give the Interstate Commerce Commis­ that degree of harmony and fellowship and good will between sion the right to protect the agricultural shipper if you are determined capital and labor and between all classes of society that should to abolish the Labor Board. If you give the commission that job, give be attained. 1t adequate power to perform it. Don't make a gesture. Above all, as It can not be claimed that our political institutions properly trustees of the public interest, don't surrender your right and duty to function or our social and industrial organizations attain their amend the bill and protect the people. full development as long as strikes and lockouts and serious Very respectfully yours, labor controversies ensue. It has been a slow O'rowth from AMERICAN FABM BUREAU FEDERATION, slavery, industrial and polltica~ to liberty; and humanity will CHESTER H. GRAY, neYer be entirely emancipated from undesirable industrial, Acting Director National Grange, Patrons of Husbandry. social, and political conditions until the producer of wealth, T. C. ATKESON, the toilers and laborers of the world, are accorded greater Washington Representative. consideration. The gulf between capital and labor must be bridged and a genuine spirit of democracy and fellowship Mr. KING. Mr. President, it is not my intention to ·enter must exL<:t among all elasses. With the advancement of educa­ upon a discussion of this bill. After a very few preliminary tion, with improvement in our social conditions, there must be observations, I shall read a statement handed to me by a adjustments and modifications in our industrial and economic gentleman of integrity and character. He is well acquainted life. Labor's voice is entitled to be heard in the councils of with railroad matters, having devoted years to the study of state, in all social questions, and in all things affecting the railroad problems. With all of his views we may not be in welfare of the people. I welcome any measure within the con­ accord. They are, however, entitled to consideration in the stitutional power of Congress to enact that will advance the discussion of a measure of such vital importance as the one cause of labor and promote more cordial and democratic rela­ now before us. tions between carriers and their employees. The Apostle Paul Mr. President, I am somewhat at a loss to know .just how the spoke often of the body and the importance of every member measure before us had its origin, growth, and present advan­ thereof. The body could not say of the foot that it had no tageous status. It is only a short time since a bill containing need of it, nor could any member of the body properly func­ substantially the same provisions was before the House and tion unless all part~ were in harmonious relation. Senate. It was known as the Bowell-Barkley bill. It had Mr. President, we want industrial peace in the United States. much support and -considerable opposition. I recall that leading It is more important now than ever before. Across the seas representatives of railroad organizations were hostile to the bill, we witness an internecine struggle between capital and labor, announcing that it was a backward-looking step instead of a a struggle which thre'l tens the social and political fabric of forward and progressive measure; that it would produce nations. The United •'tates should ~et an example to be fol­ chaotic conditions and lead to strikes and disputes between lowed by the rest of the world. Labor conditions should be carriers and railroad employees. The opposition of railroads more favorable than in any other land. Of cour e, it must be 1926 CONGRESSIONAL RECORD-SENATE 8963 borne in mind that no class of labor must have advantages o1er precedent it will determine future legislation and affect more other classes and that no part of our country shall enjoy bene- or less the relations of employers and employees in other lines fits denied to other parts. In other words, there must be jus- of industry and in all parts of our country. tice and equality and no discrimination in measures adopted :Mr. President, I r·eceived some communications these last or law·· enacted. few days which indicate that there are many railroads in the Mr. Pre. ident, returning for a moment to the bill and the United States opposed to this bill. I am told that the rich reasons for it, it is alleged that the Labor Board, under the and powerful roads are back of the bill, that I\Ir. Atterbury, present law, does not properly function and therefore a new president of the Pennsylvania System, has been one of the most measure should be adopted. powerful factors in formulating the bill and in pushing it to I think, Mr. President, the Labor Board has achieved more its present advantageous parliamentary situation. I can not satisfactory results than anticipated. I confess that I was not forget that Mr. Atterbury has been one of the strongest oppo­ satisfied with that pronsion of the transportation act which nents of the present Labor Board, and has not hesitated to created the Labor Board, and one of my reasons for voting defy the provisions of that act. I am rather curious to know against the Esch-Cummins bill was the provision creating why he is so insistent upon this bill if an act of Congress now the labor board. I felt that while it might do some good it uvon the statute books imposes no legal or moral restraints would not fulfill the e:A-pectations of those who so earnestly upon his conduct. If this bill will do no more I have wondered advocated it, and I believed that while Congress was enacting whether, in view of his rather truculent attitude toward for· a gene1·al transportation act, a measure dealing with the great mer legislation, he will not disregard the provisions of this transportation question, that it should contain provisions deal- measure, if it shall become a law and treat it with the same ing with labor and the relations of the employees of the car- disregard as he has the law creating the present Labor Board. r.iers to their employers that would meet all anticipated con- A number of representatives of railroads not embraced within ditions and re ult in justice between employer and employee class 1 have represented to me that this bill does not suit and a 1·easonable degree of peace and concord between em- them or their employees ; that it will work a serious hardship ployer and employee. I have been willing to repeal the pro- to the smaller and poorer roads, that it will be provocative of vision creating the Labor Board, but I have also desired that discord instead of peace; and that it probably will result in some suitable measure should take its place. It may be that an increase in railroad tariffs, thus imposing almost un­ the pending measUI'e meets the situation and will bring about endurable hardships upon agriculture and manufacturers who the very highest results, but I have serious doubts. are compelled to transport their products, or at any rate that Senators who are not members of the Interstate Commerce it will exempt railroads which have enormous earnings and Committee have not had the opportunity of studying this ques- profits from coming within the recapture clause of the tra:ns­ tion as have the members of the committee. They have spent portation act; and that the situation thus resulting will be weeks in taking testimony, in listening to employees and to seized upon by them to increase their operating e:A"}}enses and employers, and in canvassing the subject. Their views are advance the wages of some classes of their ·employees. entitled of course, to consideration, and I have no doubt but Representations have been made to me that the present law, that th~y have acted in the utmost good faith and submitted notwithstanding its weakness, has accomplished, on the whole, a measure which they believe is the best that can be formulated beneficial results, and that if it is understood that it is not under present conditions. to be repealed, both carriers and employees will attach to it I would like to vote for this bill, and shall do so if upon greater importance and treat with greater sympathy its pro­ full investigation, or, at least, the best investigation that I visions and se·ek with more earnestness a proper enforcement can give it, in view of the multiplicity of duties resting upon of the same. I have received many communications from me, my judgment and conscience approve of the same. I have, agriculturalists who entertain the view that if this bill becomes because of committee duties, been unable to hear all af the dis- a law an increase i.n freight rates is inevitable, and that there­ cussion and I have not had opportunity to read all of the test!- fore this measure will prove injurious to the farmers of gur rnonr s~1bmitted in the House and Senate hearings. Frankness country. A number of business organizations have advised compels me to confess that I ha-ve felt that the public were not me that they perceive evils in this measure; they effect to sufficiently protected by the provisions of the bill, that it believe that it will be a precedent which will be far from seem~ that the framers of the bill considered that the carriers beneficial, and that the general reactions will appear in all and their employees were the only ones to be considered, branches of trade and industry. and that if a measure was satisfactory to them, then the public l\1r. President, I am not satisfied with these criticisms of the must be satisfied, regardless of the effects ·upon them. bill, nor am I satisfied with the optimistic and rather flam- I have receiYed a number of telegrams from employees and boyant statements that are made by the supporters of the some from railroad representatives rather insisting that I measure that it will produce lasting peace between carriers and vote for the pending bill without any amendment whatever. their employees and will prevent all futUI'e controversies be­ Statements har-e been made in a number of teleg1·ams in tween railroads and their employees. effect that I should vote for it without " crossing an ' i ' or ~r P 'd t tat d xi t ort a measure J) r. res1 en , a 8 s e , 1 am an ous o supp ·. dotting a 't.'" Telegrams of this character do not commend that will be better than the one upon the statute books-one themselves to my judgment. I d Of course, every Senator is glad to learn the views of people that does have the seeds of peace and industrial progress. o · h not want to fly from one evil to another danger. It were better affected by legislation and to obtain any suggestions whic to continue the present measure than to enact another, unless the people may have to offer regarding questions that partic- ularly come before Congress. But after all, the responsibility there is certainty that the latter will rectify any mistakes in the rests upon Senators and Members of the House of Representa- former and will prove of greater advantage to the railroads tives, as well as the President, for legislation. If they enact and their employees and to the public. bad legislation, they are not excused because multitudes of Mr. President, I referred to a paper which was handed me p~ople insisted that they enact the same. Oftentimes Senators by a gentleman of ability whose knowledge of railroad matters and Congressmen are importuned to vote for bills which later is very extensive. He discusses a number of the suggestions their constituents concede were improperly conceived and if made by the proponents of the bill, including some of the they had been enacted into law would have been disadvan- statements made by the Senator from Indiana in his speech tageous to the country. supporting the bill. I want to read, if not all, at least ex- It is our duty to examine questions carefully, earnestly, and cerpts from this statement, so that the Senate may have pre­ patriotically, desiring only the welfare of all the people. No sented the views of some who oppose the bill as well as the measure, Mr. President, is sacrosanct, and no matter the con- views of those who are so earnestly and eloquently advo­ sideration it may have it should be thoroughly, indeed eating it. microscopically, examined upon the floor of the Senate and I shall be glad if the Senator from Indiana will consider the upon the floor of the House before final action is taken. Too views expressed in the memorandum which I am about to read, often Members in their zeal to secure the passage of measures so that the Senate, and particularly myself, may have the grow impatient at any opposition and any inquiry, even though benefit of any further observations he may care to offer upon prompted by the highest motives, and for the purpose of the pending measure and in the light of the statements made guiding the judgment of those who are to pass upon them. by an opponent of the bill. I want to examine this bill carefully. I want to know the The memorandum proceeds as follows: motives back of it. I .want to k"ll?W. what its effects W?Uld All the railroads but one are now obeying the Labor Board, and be. I want to be satis.~ed that It IS t?e b~st an~ ~se~t will continue to obey the Labor Board. measure that can be wrn:ten to meet a s1tuat10n wh1ch 1t IS I asserted this bill will accomplish. I regard this bill as of I understand that my friend n·om Indiana controverts that more importance than any measure that has come before this proposition. I should be glad to be advised as to whether he session o_f Congress. Its effects will be fa~ - reaching. As ~ takes issue with that statep~ent. . 8964 CONGRESSIONAL RECORD-SENATE MAY 8 Mr. WATSON. I certainly do. I deny it absolutely. Mr. REED of Missouri. But the Senator !rom Montana is Mr. KING. This statement proceeds: discussing a.n entirely different question than the one to which Every one of the 16 labor organizations are now submitting cases I was calling attention. He is discussing the general plan to, appearing before, and obeying the Labor Board, notwithstanding and scheme of the bill; but the objection he raised to the an argument to the contrary. present law was that it was inoperative because there was no power to subprena witnesses. I simply asked if that same My information is that this last statement Is substantially defect was not found in the proposed law. The question might correct. If not I should like to be advised. I assume, from the be raised as to whether the power could be conferred. Now, it failure of any Senator to reply, that my deductions are correct. appears that the same defect does exist in the proposed law; Mr. WHEELER. Mr. President, let me say to the Senator and therefore the argument that subprenas can not be issued that it is not correct. Not only that, but they have refused to under the present law has no force in the present situation. answer the subprenas of the board ; and the matter went to the Mr. KING. If, in order to obtain full information, subprenas Supreme Court, and the Supreme Court held that they did not are necessary and the power to issue them must be. conferred have to obey them. The Supreme Court further held that the upon some board or agency, then this bill should be amended Labor Bom·d did not have any power to subprena them, and did so that this weakness may be strengthened or, perchance, not have any right to enfOII'ce its judgments, and so the whole removed. That Congress has the authority to confer upon the thing is dead. Labor Board power to issue subprenas and compel the attend­ Mr. KING. Does the Senator contend that the labor organi­ ance of witnesses, I think, there can be no doubt. The Inter­ zations have refused to follow the terms of the statute? state Commerce Commission not only has power to issue sub­ 1\Ir. WHEELER. Why, absolutely-the rules laid down by prenas, it has the power to enter decisions and to compel the boal'd. The board has contended that it has power to sub­ obedien-ce to the same. puma witnesses, and the Supreme Court said that it did not Mr. President, the Senator from Montana [Mr. WHEELER] have any such power. has stated that there were no strikes under the Erdman Act. will Mr. REED of Missouri. Mr. Piresident, the Senator par- My recollection is different from his. I think there have been don an inqury? - fewer strikes, notwithstanding the great increase in traffic and Mr. KING. I yield. in mileage since the Erdman Act was passed, during the last Mr. REED of Missouri. Does the Senator from Montana four years than there were during any four-year period when claim that the board which it is proposed to set up by this bill the Erdman Act was in force. will have any greater power to subprena witnesses than the old Mr. BRUCE. Mr. President-- board? Mr. KING. Of course, if I am in error, I should like to be Mr. WHEELER. Not at all. What it is proposed to do by corrected. this bill is to get away from that very thing. The railroads and Mr. BRUCE. On the contrary, I wish to furnish signal cor­ the brotherhoods have both absolutely come to the conclusion roboration of the verity of what the Senator has stated. that a court, such as the Labor Board tried to be, is imprac­ 1\lr. KING. I will be -rery glad to have the Senator do so. ticable and does not work and will not work, and that as a mat­ Mr. BRUCE. I am reading from a history of facts compiled ter of fact there is a serious question as to whether or not any by a very well-known authority, Mr. Neill: board which simply goes out to investigate has any right to subprena witnesses before it at all, and as to whether or not a In the early part of 1912 another general wag-e movement was board could be set up that would have any powers that it could begun on the eastern lines, this time by the engineers, and in April enforce. of that year practically the entire mileage of the territory east of Mr. REED of Missouri. The point I wanted to get to was Chicago and north of the Potomac and the Ohio Rivers were threat­ simply this: The Senator stated that the present law was in­ ened with a .strike of some 80,000 engineers. operative, and that one of the reasons was that the courts had That was one occurring during the life of the Erdman Act. decided that the witnesses could not be compelled to attend. I Mr. WHEELER. That was a threatened strike, and if the simply wanted to know whether the proposed law conveys any Senator will follow it up, he will find that both the railroads such power. and the men got together and used the mediation board, and Mr. WHEELER. No. it was settled amicably. Mr. REED of Missouri. If it does not, then of course it is Mr. BRUCE. ffitimately; but in the first instance neither no argument against the present law and in favor of the pro­ side could be induced to invoke mediation under the Erdman posed law that witnesses can not be subprenaed, because both law, and the situation drifted on to the very verge of an actual of them will have exactly the same defect. strike, which at one time seemed not over 48 hours away. 1\fr. WHEELER. No; the Senator is wrong about that. The Mr. WHEELER. The Senator absolutely misunderstands Senator misunderstands the purpose of the pending bill. The the situation, because they could not do anything else under pm·pose of the pending bill is not to set up a court similar to the Erdman .Act or under the Newlands .Act until a strike the Labor Board at all. The purpose of the pending bill is to vote had been actually taken. set up a board of mediation which will have the right to go in Mr. BRUCE. The Senator sought to create the impression and mediate between the parties at any time. that there were no strikes. Mr. REED of Missouri. Exactly. Mr. WHEELER. There was no strike. That was a threat­ Mr. WHEELER. They will simply get the parties together. ened strike, and the Senator has just said so himself. It is a mediation board. Mr. BRUCE. In that connection, only in relation to that Let me further call the attention of the enator from Mis­ particular, the fact is that they refused, and continued to re­ souri to the fact that after the pas age of the Erdman Act there fuse for a long time, to resort to mediation at all. Under the was not any strike and there was not any trouble, and the pending bill, of course, mediation is entirely voluntary. mediation board worked perfectly up until the time, I think, of Mr. WHEELER. That was on account of the fact that the the war. There were not any labor troubles up until that time railroads would not for eight years go in and mediate under at all. We had the mediation board, and everybody conceded the Erdman Act. After that, sometime in 1912, they decided that the mediation board worked much better and much more that mediation was the best thing, and they did mediate, arid satisfactorily for both parties and everybody concerned than they settled their troubles. I repeat, there was not any strike the Labor Board. from the time the E1·dman Act was passed, or any threat of Mr. KING. The position of the Senator from Missouri, as I one, until, I think, the time of the p-assage of the Adamson understand him, is quite correct. Congress did not confer upon Act, and after the war. Every historian who has written upon the Labor Board the authority to issue subprenas and tl) com­ the subject has said that, from the standpoint of labor and pel the attendance of witnesses. If that is a defect in the ex­ capital getting together, that was the most successful period isting law, it is a defect in the bill before us. No attempt is in our history. made in the pending measure, notwithstanding that there are Mr. BRUCE. Why, then, was the Erdman Act abandoned? so many boards and organizations provided in the present bill, Mr. WHEELER. I can not say. to confer authority upon either one or all of them to issue Mr. BRUCE. If it was such a salutary and beneficent piece subprenas or compel the attendance of witnesses. of legislation, why was it abandoned? If the present law is to be condemned because of a lack of l\1r. WHEELER. I imagine because some legislature thought power in this respect, what shall be said of the bill now under they knew better about what to do than the railroads and consideration? If that is a defect, why do not the proponents their employees. of the measure remedy the defect and offer an amendment that l\fr. BRUCEJ. I have never known of any legislature that will give to some board the authority to get all the facts in re­ seemed to know what was best to do when the railway execu­ gard to any controversy or any matter of which it has cogni­ tives and the railway workers combined and brought their zance. pressure to bear on them. 1926 CONGRESSIONAL RECORD-SENATE 8965 Mr. WHEELER. This is the situation : The railroad men relations between the carrier and employees may affect the wel­ and the railroad executives, who have had practical experience fare of the public. in settling labor disputes, who have had greater experience It is the duty of the United States, having taken jurisdiction than anybody in this body, come in and say, "'Ve have a over the railroads pursuant to authority granted in the inter­ proposed bill which, from a practical standpoint, we think will state commerce act, to protect the public as well as the carriers work out better than anything else." Yet we find a few Sen­ and the employees. Congress must not forget the burden rest­ ator~:> setting up their judgment against the combined judgment ing upon ugrjculture, the deep depression which exists in agri­ of the railroad executives and the railroad employees. cultural sections, the woes and sorrows which have come to ::\1r. KING. Mr. President, I have been diverted from the the men and women who have sacrificed in many instances their paper which I have been reading, but before returning to the lives in their struggles to produce food not only for themsel'VeS same I desire to uggest that Senators should consider, as I but for the Nation. have heretofore indicated, not alone the interests of the rail­ Hundreds ·of thousands of farms have been sold to meet taxes roucls and their employees, but the interests of the public. because of the distress and disaster which have overwhelmed Railroads can not operate lf they are not supported by the farmers of the country. Congress should consider the interest public. The prosperity of railroads depends upon the prosper­ of the business men, of the manufacturers, of the farmers, who ity of the people, and the prosperity of the people is insep­ produce the cotton, and the owners of the cotton mills, who arably connected with transportation. The transportation convert raw products into finished fabrics. Congress should problem is a vital one. to all classes. If our water transporta­ consider the great milLs and mines of the country and provide tion i destroyed, and it has practically been destroyed, and mea ures that .will protect them to the end that the products the railroads fail to properly function or their rates are so of the plants and mills and mines may be carried to every high as to b~ an ob tacle to the movement of commodities, then part of the land in order that the needs of the people may the railroads will come to grief, and with their arrested de­ be met. velopment and their _lack of income the employees of the rail­ We must not close our eyes to the condition of the producers, roads will enter upon a hard and heavy road, which will lead and in our legislation there must be a comprehensive survey them to disaster. The American people have for a number of of the entire country and a complete, sympathetic understand­ years been demanding a reduction in transportation charges. ing of the needs of all factors and elements that will pro­ They have believed that freight rates as well as passenger mote the prosperity and happiness of the entire country. Mr. rates were too high. In my travels throughout our country I President, I need not say that I am interested 1n the em­ have discovered that in many instances the transportation ployees of railroads. Indeed, I think I have greater sympathy charges were so high as to prevent shipments, and perishable for them than I do for the carriers, and in any debatable ques­ products rotted in the field and upon the farm, and other com­ tion between them and the carriers my voice will be fotmd modities deteriorated in quality until their value was substan­ upon their side of the controversy. I am in favor of giving tially destroyed. Hundreds of thousands of tons of agricul­ them the highest possible wage and protecting them in every tural products have perished because of the high freight rates, possible manner. and the cost of living has been increased because agricultural I am only repeating when I say that while interested in ' products could not, owing to high _freight rates, be brought labor and in those who toil and carry upon their bowed backs from the farms to the cities. One of the greatest needs in our our industrial and social superstructure, I am also concerned country to-day is a decrease in om· transportation charges. A in the welfare of the interests which we call capitalistic. It lowering of rates would increase shipments, stimulate produc­ were well if we could abolish some of these distinctions and tion, augment the incomes of agriculturalists, and bring bene­ recognize that we are all bound together by indissoluble ties fits to all sections of our country. and that the interest of one is the interest of all. We should So I repeat, in considering measures of this character we all be laborers and make proper contribution to the material must not be concerned alone in the welfare of the carriers and and moral and spiritual welfare and development of this great the interests of their employees, and in making that statement Republic. I do not have for a moment to minimize the importance of labor Mr. President, I am seeking information with respect to and of capital or indicate a lack of sympathy for every move­ this bill and particularly what its effects will be upon the ment and every measure that improves the condition of labor entire country. As stated, I want to support it if I can, and and adds to the happiness and comfort of the toiling masses any light that can be thrown upon this very intricate and and the producers of our country. perplexing problem I shall welcome. I am profoundly interested in the welfare of labor unions, in l\Ir. President, may I have the attention of the Senator from railroad employee , and in the1r welfare and prosperity. It is Indiana-- important that the railroads be maintained at a high state of efficiency and that they shall be sufficiently prosperous as to Mr. WATSON. I decline to be put on the witness stand invite capital investments. With our development indus­ and have the Senator stand me up here and catechize me, trially and otherwise, \\e will require annual additional rail­ asking me whether I have said this or said that or said the other. If the Senator has any speech to make, let him make road mileag~, more railroad cars and locomotives. Perhaps from five hundred million to a billion dollars annually should it, and then I will respond if I see fit to do so ; and if I do not go into railroad equipment and betterments. It is therefore want to, I will not. But I am not going to be put on the important that the railroads prosper. Their improvement will witness stand and be examined by another Senator. be reflected in increased capacity to haul the products of farm Mr. KING. The Senator from Indiana, in exercising the pre­ and field and manufacturing plant and mine. This situation rogative of his important position, has a right to assume the will call for additional employees, and so the circle of improve­ attitude he has just taken. I find no fault \\ith it. He can ment and prosperity will be widened. It is not too much, reply or not, just as he sees fit. It is wholly immaterial to therefore, to say that the prosperity of the country rests upon me, because, judging from the speech which he delivered in transportation. support of this bill, I am not satisfied that if he did answer I was impressed with the letter just read, submitted. by rep­ any questions which I might ask I would get any light or r esentatives of the agricultural organizations throughout the information. counh·y, and yesterday the Senator from Kansas presented a I shall now proceed and read the statement to which I have statement or petition signed by, as I understand, substantially referred. As to whether it states the facts accurately or not or all of the national grange and agricultural organizations. whether the arguments submitted are valid or not, I shall not These petitions indicate the profound interest which agricul­ assume to state. I only present them in order that Senators turists of the United States have in the railroad situation and may hear the views of some of those who are not in in the bill now before us, and they also indicate the anxiety accord with the Senator from Indiana. and others who are of the members of these organizations as to the effect of the supporting this bill : pending bill, if enacted into law, upon the rate st:17ucture of our The enginemen under former Chief Stone, because of a personal carliers. disagreement between him and the chairman of the Labor Board, did Mr. President, we are not justified in passing a measure refuse to go before the board; but since that chief's death, the engine­ simply because it suits the railroads and their employees. The men have appealed to the Labor Board, have filed cases with the public, as I have stated, and I emphasize this point, is an im­ Labor Board, and as late as May 3 the Labor Board handed down a portant third party in this vital matter. This is a triangle and decision that has been argued since February. These enginemen, the public constitutes one of the angles. Selfish carriers may and not the railroad, went back of their own volition to the Labor be willing to minimize, if not ignore, the interest of the public Board and have received that board's decision increasing the rates of in their eagerness to compose the possible differences with pay on the entire system. Therefore, to-day every labor organization employees, and employees may sometimes forget the interest of the railroad department is reinstated and back before the Labor of the public or may not realize how seriously changes in the Board. 8966 CONGRESSIONAL RECORD-SENATE }fAy 8 Even the shopmen, who disobeyed the Labor Board's ruling and and to encourage peace made this an order, but the railroad manage­ brought on the sbopmen's strike, now know that public opinion can not ments never agreed to this. be disregarded and live. Therefore these shopmen for three full years The second director general-a most competent judge--finding this have been back befo.re the Labor Board in the reinllar manner that the method to be unworkable, practic.aHy set aside these boards of adjust­ law intended. ment. True it is that the Congress followed this thought and provided In the face of this it is said the Labor Board bas broken down, and for such boards in the transportation act, so that under thi'i law no that neither the railroads nor the employees wm under any circum­ substantial headway bas been made in the forming of such boards of stances go before the board or obey its instructions. adjustment. There are but two small groups of roads thus far working There is only one class 1 railroad in the country that is denying the under such boards of adju tinent, and, so far as we know, but two or right of the Labor Board and declining to appear before it and abide three roads that operate with system boards of adjustment, an of by its decisions, and yet 1t is said neither the carriers nor the em­ which has proven to be impracticable and do not meet the expe-cted ployees will recognize the board. It is impossible to understand upon requirements. Therefore the labor organizations in the propo Nl law what basis this statement is made. are seeking to bring about such a national board of adjustment. It It is said that both the Erdman and Newlands Acts produced splendid will be clearly seen by every Senator this is a gain of power sought for results, but it would be well to ask i! one _single important case of the solely by the employees. four transportation brotherhoods was ever adjusted before or by either Mr. SHORTRIDGE. Mr. President, will the Senator yield? the Newlands or Erdman law. The answer is, "No; there never was Mr. KING. I yield to my genial friend from California. such a case." Mr. SHORT:tiDGEJ. May I inquire who is the writer or au­ True, minor employees, individuals, and some bra~ches of shopmen, thor of the document from which the Senator is reading? trackmen, telegraph operators, and a"'ents did accept settlements under Mr. KING. He is L gentleman for whose integlity I vouch both the Newlands and Erdman laws, but they were minor and prac­ and whose thorough knowledge of railroad matters exceeds, I tically of individual nature, but not one of the four transportation think, that of any man in this Chamber. brotherhoods ever went before these boards to adjust a case of any Mr. SHORTRIDGE. I gather, then, that the Senator for importance. To the contrary, in every important matter they have some reason declines to give the name of the author? denied to recognize either of these two acts. l\fr. KING. The Senator may indulge in that inference if he How can we now hope for such peaceful adjustment o:t' these im­ pleases. portant things in the future when the prqposed law is no more than other laws for mediation, conciliation, and arb1trat1on have been, Mr. SHORTRIDGEJ. I do indulge in that inference. and yet in the two most crucial national cases where the transporta­ Mr. KING. The Senator is entitled to do so. tion of the entire country was at stake, and with the appeals of the Mr. SHORTRIDGE. There is none other to indul::;e in. President and the authority of the President's great office to support Mr. KING. I have no quarrel with my able friend from this, and when this country was in serious danger and the national California. I do not mean to say that I am giving approval to reputation at stake, these men still denied arbitration and mediation all of the statements made by this gentleman. This gentleman and forced the country to yield with the same old strike threat. submits certain views concernil ~ the bill before us and answers Therefore this measure can not be trusted. or attempts to answer certain statements made by the sup­ porters of the pending bill. His views are those entertained by I am expressing no opinion in regard to these averments. some railroads and some railroad employees, and also many I am simply presenting them for the consideration of the persons not connected with railroads. I believed that the Sen­ Senate. ate should have the benefit of these views. With some of the The railroads have grown to be so important ; there is so much statements made I am in accord; as to others, I would want to involved; the cost to the public is so great, and the power of the modify them. I agreed with much that my good friend from labor organizations bas become so intricate and so great that it is Indiana said. We have in the past had many views in common positively certain this great question can not be left to a promise concerning railroad legislation. that bas been so often broken, but there must be a Fedel'al tribunal. Mr. WATSON. That is true. If not the Labor Board, then the Interstate Commerce Commission Mr. SHORTRIDGE. But, if I may observe, manifestly the must be clothed with pt•oper power to protect these public interests name of the author might be helpful to those of us who are and to keep the railroads in operation continuously and efficiently. interested, or it might give weight or credit to the argument A few of the large railroad systems who brought about this pro­ advanced. posed measure, desire no restraint. They resent any public control Mr. KING. I shall be very happy, with the consent of the because they wish to be let alone, to use their large surplus earnings writer, to give the Senator his name, or I shall do so in private. in whatever manner they see fit, and to follow the l1nes of least Mr. SHORTRIDGE. It is not mere idle curiosity that resistance but without proper control. prompts the question. Substantially the same statement was made by the able Mr. KING. Of course I know that. I would not present the Senator from Alabama [Mr. UNDERWOOD], and the Senator statement if it came from an unknown person or one not from Kansas [Mr. CURTIS] has taken the same position. familiar with these questions. As I understand the contention, this position is assumed by Mr. SHORTRIDGID. Oh, of course; but thus far it is from the proponents of the measure, that the large railroads, the an unknown source. rich railroads, those whose earnings are 6 per cent or more, are Mr. KING. That is true. behind it, and the reasons assigned by the writer of this state­ 1\Ir. COUZENS. Mr. President, will the Senator yield? ment would seem to be the ones which determine their position. Mr. KING. Certainly. Mr. COUZENS. I would like to know the yardstick by which Every sane man knows that every other weaker railroad system wlll to measure the competency of the writer of the article with be forced to increase its operating costs--its rates of pay and working the knowledge of all the Senators. conditions-just the same as these rich roads, which means bank­ 1\Ir. KING. I have some knowledge of Senators and their ruptcy or a weakened transportation system, or increased operating lines of thought. As to the Senator from Michigan, I confess costs that the public must pay tor in increased freight or passenger his knowledge of automobiles and business affairs. I do not rates. think he knows very much about railroads and the intricacy of It has been said that the carriers and thel.r employees, during the railroad rates and the technique of railroad operations; and early period o:t' Federal control, agreed to the establishment of boards yet I attribute to him a wider range of information of railroads of adjustment, and accordingly boards Nos. 1, 2, and 3 were established and railroad operations than almost any man in the Senate and then was founded the wisdom of such boards of adjustment that except the Senator from Iowa [Mr. CuMMINs], whose knowl­ had proved so helpful and worked so harmoniously. edge of transportation and its problems is not exceeded by that The facts are that for years before Federal control the employees of any man in public life. had in many ways tried to establish some form of board (now t{lrmed Mr. COUZENS. The Senator from Michigan absolutely boards of adjustment), the employees having an equal voice or repre­ agrees with what the Senator from Utah has said about the sentation on such boards ot adjustment with the carriers, but this was Senator from Iowa. always denied because it was an unsound principle and an economical Mr. KING. Let me complete my statement-and the gen­ waste, because it was clear to all that with equal voice on both sides tleman to whom I have referred has for many years studied it would be futile to submit a question of vital importance to such the railroad problem. board. because if the question was of importance not !avorablA to the Mr. COUZENS. Does the able Senator from Iowa disapprove carrier, the carrier's representation would deny it. On the other band, if not favorable to the employees 1n a question of vital importance, of the bill? they would deny it, and no good has thus far been accomplished, and Mr. KING. I do not know whether the Senator from Iowa during the entire Federal-control period this was proven beyond ques­ does or not. tion; but, this being an insistent and popular demand, the first director Mr. COUZENS. I just wondered, as long as the Senator general conceded the employees' request under stress of war conditions, from Utah had stated the attitude of Senators. 1926 CONGRESSIONAL RECORD-SENATE 8967 1\lr. KING. I have had some conversations with the Senator created the machinery, a voice for the public in determining what from Iowa, and I think I know his views upon this bill. The these charges shall be. This bill does not attempt to continue it. It Senator from Iowa is present, and he can state his own view. is an absolute abandonment of that step forward. Can the committee I do not pretend to state the views of any Senator. and Congress justify the silencing of the voice of the public in ques­ Mr. WATSON. The Senator from Iowa stated on the floor tions of what the amount of the charges for labor to be paid out of the yesterday that he intends to vote for the bill. revenue to be derived from the transportation shall be? Mr. KING. I know; but I am afraid that Senators vote for I am sure that those utterances will be of very considerable measures which they do not like and in some instances of which value to the Senator from Utah in pursuing the line. of his they do not approV'e. argument. Mr. BRUCE. Mr. President, will the Senator yield? Mr. KING. I would like to ask the Senator from Maryland, Mr. KING. I yield to my friend from Maryland. who is a member of the Committee on Interstate Commerce, in l\Ir. BRUCEl. The Senator from Utah has had something to what respect the present bill now under consideration differs say about the inconsistency of the railway executives in in vital point or in material point from the Bowell-Barkley stoutly opposing the enactment of the Bowell-Barkley bill and bill? yet giving their assent to the pending measure. If the Sen­ Mr. BRUCE. If I were to express myself in a slang term ator has no objection, I would like to read two striking utter­ I would say that under the present bill unamended the public, ances that emanated from the · railway executives when the so far as it has any look-in, has only an ineffective one. There Bowell-Barkley bill was under consideration here. is a provision for boards of adjustment, but these boards deal Mr. KING. I should be very glad; because when the bill was only \\>-ith minor grievances and the interpretation of written being con. idered a number of railway executives spoke to me contracts and agreements between the railway managers and and expressed their undying opposition to it, and yet represen­ the workmen. Then it provides, of course, for a board of tatives of the same roads are clamoring for the passage of the mediation and that the intervention of its mediatory services pending bill. may be invoked by the disputants or may be proffered, but, of l\Ir. BRUCE. These particular statements were made during course, it might well be that the intervention of the board the last session of Congress. Mr. Hale Holden, chairman of ney-er would be invoked by either of the disputants or, if prof­ the executive committee of the Association of Railway Execu­ fered by the board of mediation, might not be accepted by the tives, made the following declaration: disputants or one of the disputants. It was app~trently felt by Congress, and with reason, that the parties Then the bill, of course, provides for a board of arbitration, should not be left to an uncontrolled agreement to increase wages or one member of which is to be the nominee of the carriers and other forms of compensation, Congress well knowing from past ex­ the other the nominee of the employees, and the third is to be perience that railroad organizations have frequently exerted what is selected by the two nominees, and in case the two nominees technically called economic pressure upon managements to increase can not agree upon the third arbitrator, he is to be selected by wages, accompanied by threats of strikes and the taking of strike the board of mediation. votes fQr the purpose of impressing the management with the serious­ But, of course, whether there is to be any arbitration at all ness of t heir intentions and of bringing about concessions and agTee­ is purely optional with the disputants. We all know that over ments, afterwards termed voluntary, but really in their essence often and over again striking employees in different fields of indus­ a surrf'nuer, either in whole or in part, by the management rather than try in the United States have refused to resort to arbitration. submission to an actual crisis. * * * The railway employees did so at the time of the Adamson law, And, finally, it is a matter of the greatest importance for Congress as the Senator from Utah [Mr. KINo] will recollect; the nnd for the public to determine whether or not they are willing to united miners did so only a few weeks ago in the anthracite withdraw from the present advance that was taken in Title III of fields of Pennsylvania. Nothing is more common than for the the transportation act and leave the question of increases in railroad disputants in a labor dispute, either the employer or the em­ wages to the uncontrolled agreements of the parties or to casual ployee, to refuse to resort to arbib.-ation. So neither the arbitration tribunals that may be agreed upon by the parties. mediatorial function nor the arbitral function which is pro­ That is the statement of Mr. Holden, chairman of the execu­ vided for by the pending bill may ever have an opportunity to tive committee of the Association of Railroad Executives. be e-ven used. It will be entirely optional with the disputants to What did hlr. Alfred P. Thorn, the upright and able counsel of the labor controversy whether they shall come into effect or not. these railway executives, say at the same time? His language And, mind you, the sessions of those adjustment boards are is very striking and naturally, because Mr. Thorn, in my not to be gi-ven publicity; they are not to be held in the public judgment, possesses one of the most superior intellects of the eye. None of the proceedings of the board of arbitrators are country in a professional sense. He said: to be held in the public eye, and, as I recollect at this moment, I do not belieYe that any of the proceedings of the board of It is provided that any agreement as to wages that comes before it mediation are to be held in public. [the Labor Board) must, before it is made efl'ective, have at least Then the bill provides, in case a dispute can not be success­ one vote of a public member in its favor. fully mediated, if I may use such a barbarous term, or can not Mr. Thorn is arguing in favor of the retention of the now be arbitrated, that the President may appoint an emergency much decried and vituperated Railroad Labor Board. board for the purpose of investigating the labor dispute and The present act also provides that, in case the parties come to an rendering a report. agreement as to wages without resort to the Labor Board, the Labor Of course, it is only fair to assume that the gentlemen who will be appointed by the President as members of the emergency Board shall have jurisdiction, in the event it considers the consequent transportation .burden too great, to suspend the agreement and modify board will be men of high standing in point of character and or affirm it, as the merits of the case may require. ability, but-and that to me is the crux of this whole discus­ sion-there is no provision whatsoever made in the bill for In other words, in the case of a wage increase at least one any authority on the part of this emergency board to issue an public representative upon the Railroad Labor Board must ordinary subprena or a subpama duces tecum or to require the approve. Then, in case there is any agreement about wages production of documentary evidence in any form ; in other between the parties tending to bring about an increase in rates words, they have no power whatever to elicit any testimony, and makes transportation a greater burden to the public, the in the true sense of the word "testimony," for the purpose of board is to have the power to suspend the agreement and to ascertaining the real facts surrounding the controversy and of modify it or affirm it, as the merits of the case may require. laying those facts before the public in such a manner as ta Of course, those are two powers of extraordinary significance, bring the pressure of public opinion to bear upon the dis­ so far as the public is concerned. Then Mr. Thorn went on to putants. So, Senators will see that so far as the public is con­ say: cerned, so far as the opportunity of the public to have a say Now, Is it well to abandon these safeguards of the public interest in the settlement of railroad labor disputes is concerned, the at this time when there is such a demand for reduced freight rates, Railroad Labor Board legislation and the pending bill differ when the thing that is standing in the way of a reduction of freight toto crelo. rates is the cost of transportation, when 54 per cent of the cost of As I have said over and over again-and I do not desire to transportation is made up of the labor costs-is it judicious to abandon be misunderstood-! would be only too glad to give my full the principles of giving the public a voice in the labor burden, which and unqualified assent to the pending bill if the bill should may be agreed upon by the parties? only be properly amended so as to safeguard the public interest The committee hears the history of the methods employed during effectively, for I say that any measure which has received the the last 15 years in the settlement of these wage questions, how there assent of the railway executives and of the railway employees bad always been a retreat on the part of the management, always a is entitled to an unusual measure of deference and respect. surrender to economic pressure. The public has at last said in one of There is no doubt that there is a sincere desire on the part the laws of Congress that it has an interest in that question. It bas of the rail way workers and of the railway managers to agree 8968 CO GRESSIONAL RECORD-SENATE MAY 8 upon some sort of legislation and to have that legislation ap-. I do not quite agree with my friend from 'Visconsin [Mr. proved by Congress, which will enable them amicably to adjust LENROOT], although I believe he did not express any opinion their disputes; and, of course, where parties enter into an upon that subject. I believe that in the regulation of interstate Rgreement the spirit with which they enter into the agreement commerce the Congres~ of the United States has the right to is a matter of supreme importance. fix wages, and it can fix wages in any industry involving Therefore my hope is that this bill may be so amended as to interstate commerce that it finds necessary to regulate for the remove every scruple that I have about it. If it were only betterment of the people. The Interstate Commerce Commis­ properly amended it might be made to subserve the useful sion, however, is the most unfit body that has ever been purposes that are subserved by the Railroad Labor Board legis- organized to pass upon the question of wages. I will give my lation, and yet, at the same time, it would be representative of rea ons for that statement, possibly, a little later; but if we the free and unconstrained volition of both the railway execu- did give the commission that power, it would simply mean tives and the railway employees. that we would have to increase the commission by at least Mr . .JUNG. Mr. President, I wish to say to the Senator five or six members and divide it into bureaus, so that the from Maryland my recollection is that the pending bill-and I members who are now engaged in applying the interstate com­ am familiar with its provisions-is similar to the Howell- merce act to the actual affairs of business would not be com­ Barkley bill. pelled to withdraw from the work in which they are now en- 1 wish to say to my friend from California [Mr. SHoRTRIWE] gaged and enter upon the con ideration of all the disputes in reference to the statement from which I am reading, that it which might arise between employees and employers. presents the views of other persons. Some railroad officials But, Mr. President, we have no protection now against have expres..,ed to me most of the important points contained in voluntary agreements between railroad companies and their this paper. One official·represents a railroad one terminus of employees with respect to compen ation. The companies have which is in the Senator's own State. Within the last week he the absolute right now to increase the wages of their men if called upon me and stated his opposition to this bill, and also they desire to do it. said that a number of railroads did not favor it, and that in Mr. BRUCE. Mr. President, of course the Senator from his opinion the bill was unwise and would prove harmful if Iowa knows, however, that any such agreements are reviewable enacted into law. This statement, I presume, reflects the views by this Labor Board. of the weaker roads, and, as I am told, some class 1 roads are Mr. CUMMINS. I do not agree with the Senator from not near so favorable to its provisions. Maryland with· regard to that propo ition. The basis of the Mr. CUMMINS. Mr. President-- 1 jurisdiction of the Labor Board is a dispute that has arisen The PRESIDING OFFICER (Mr. WILLIS in the chair). between the employees and the employer. They have no juris- Does the Senator from Utah yield to the Senator from Iowa? diction until a dispute has arisen; and if the railway companies Mt:. KING. I yield to the Senator from Iowa. and the men agree upon their compensation it is utterly im- Mr. CUMMINS. Mr. Pre. ident, I feel that it is due to possible to bring that question before the Labor Board. myself that I immediately disclaim the mastery of this very Mr. BRUCE. I misunderstood the Senator. • important and very difficult subject so kindly and generously Mr. CUMMINS. I do not fear what so many people seem attributed to me by some of my brother Senators. I have to fear that the railroad companies will increase the com­ studied the subject for many years, anecutives or railway can exercise the power of government for any such purpose. workers-by clothing this emergency board that is appointed Possibly I may find it advisable before this debate shall by the President, with the power to elicit whatever testimony, have closed to express my views about the present proposal; oral or documentary, it might be neces ary to eliclt for the but I do know one thing-and I . reexpress it to-day as I did purpose of getting at all the facts surrounding a labor con­ yesterday-that it would be little less than a crime against the troversy, and to lay those facts before the public, so that the administration of justice to impose upon the Interstate Com- pressure of public opinion may be brought to bear upon the merce Commission the authority or the duty of fixill8 wages. controversy? .. ~· 1926 CONGRESSIONAL R.ECORD-SENATE _8969 :Mr. CUMMINS. Personally, I see no objection to an amend­ testimony of the witness and as a result be c-ompelled to pur­ ment of that kind.· sue a devious and roundabout way to obtain the facts which Mr. BRUCE. J was sure of that. the recalcitrant witne s possessed. This would result in delay. Mr. CUMMINS. But the Senator from Maryland remembers Compulsory attendance of the witness might contribute to a that this emergency board is called into action 'Only when speedy termination of the matter. there is danger of a general suspension of transportation or Mr. FESS. Those two ideas-first, whether or not it was a substantial suspension of transportation. If we amend the necess_ary, and, secondly, whether it would not involve a delay prop'()sed bill in that re pect, we must give the emergency that might prove quite disastrous-were the two considerations board authority to inquire into the dispute which brought about that answered rather completely my contention that there the suspension or threatened suspension of transportation. ought to be the compulsory p1·ocess. I do not know why the emergency board may not be clothed Mr. KIN.G. I know that the Senator from Ohio has given with all the authority necessary to develop all of the facts earnest and intelligent attention to the bill, and I listened which are pertinent to the situation.· with interest to his able pre entation the other day; and yet Mr. BRUCE. That is all that I ask. it seemed to me that if this emergency board had the power Mr. FESS. Mr. President, will the Senator yield to me? to subpcena individuals and procure testimony, 1t would give A-ll·. CUMMINS. I am trespassing on the time of the Senator the board more dignity; if I may use that ·expression, more f1·om Utah. authority, and make it a stronger and a more useful and salu­ The PRESIDING OFFICER. The Senator from Utah is tary instrumentality in furthering the objects for which it was entitled to the floor. Does the Senator from Utah yield to created. the Senator from Ohio? 1\Ir. CU~IMINS. It might be remarked, too, Mr. President, Mr. KING. I yield. that in as much as "the emergency board depends for its effec­ Mr. FESS. Mr. President, the position that the Senator tiveness solely up'()n public opinion, if the public should conceive from Maryland has suggested by this question is the position the idea that it had not had access to all the infol'lllation that I bad when we started into this thing. I thought there necessary to reach an opinion, its force would be very greatly was a weaknes , in that we did not confer upon the emergency weakened, I think, in the public mind. board the power to compel the attendance of witnesses and Mr. GOODING. Mr. President-- documents. That was the thing that was in my mind, and The PRESIDING OFFICER. Does the Senator from Utah I queried both sides on that particular p'()int. I was con­ yield to the Senator from Idaho? ./ vinced, after listening to the presentation of both sides, that Mr. KING. I yield to my friend. to require it might first be unnecessary, because they would Mr. GOODING. The question the Senator is now discussing evidently get the documents; for either side would scarcely was very fully discussed before the Senate, as the Senator refuse to giYe them the information. from Ohio has stated. If the board of mediation is used, both I should suppo e that either side would be very glad to sub­ ides appear before that body and present their whole case. mit it. That is the first thing that indicated to me that it That is the purpose of it There will be a complete record of might be unnecessary. The second is, that when an emergency all the testimony and of all the statements made before that ari es we want fairly expeditious action ; and under the privi­ board. Of course, all that will be available to the emergency lege of a review, and then of an appeal, it is probable that a board. They will have everything that the board of mediation dispute might be extended six months. Is there not danger has. It 'vill be laid before them. They must have it, and the there? measure provides for it, as far as that is concerned. Of course, Mr. CUMMINS. There is no provision in this bill for an there are two boards that are to be appointed by the President, appeal. There could be no appeal. the board of mediation and the fact-finding board, or the emer­ Mr. FESS. But would there not be, unde1· the regular pro- gency board. They will have all the information gathered in cedure of courts, a place where a party could have an appeal? any controversy that may arise between the employees and the l\Ir. CUMMINS. Oh, no! railroads. Mr. BRUCE. This is purely a statutory creation. I do not know how we could get any more than that. Both Mr. CUMMINS. As I understand this bill, the board of sides surely will present the best they have before that media­ mediation makes a recommendation to the President, and the tion board. EYerything will be there. They can not afford President then appoints the emergency board if he believes the not to present their whole ease, because if they do not present circumstances require it, and then the emergency board begins their whole case their case will be wen.k. its inquiry; and it has at its disposition all the material ac­ Mr. BRUCE. Mr. President, will the Senator yield? cumulated by the board of mediation and conciliation, which is Mr. KING. I yield. an exceedingly wise provision. I agree with the Senator from Mr. BRUCE. As far as I can recollect at this moment, thera Ohio in believing that the cases would be very rare in which is no provision in this bill requiring the board of mediation to either the railroad company or the employees would refuse to take any testimony. There is no provision in this bill for any give to the emergency board all the information they bad upon public hearing by the board of mediation. They may see fit the subject; but in the event that a situation arises in which to go ahead and mediate without eliciting any testimony, either the emergency board wants to get some · .information from a oral or documentary. So in many labor controversies it is fair person who is not willing to give it, I can see no reason why it to assume there would be no accumulation of data or docu­ should not be able to bring that person before the board. It ments from which the emergency board could deriYe any help would not necessarily be an employee ; it would not necessarily at all. be a person connected with the manag~ment; but, if the emer­ Mr. KING. Mr. President, it bas seemed to me, from the gency board acts at all, it ought to have acces::; to all the limited opportunity I have had to examine the bill, that there information which is available. is a weakness in its structure, in that nowhere is it provided Mr. FESS. Let me state to the Senator that in the hearings that any tribunal set up or created, whether we call it board there were very good lawyers on both sides of the issue who of arbitration, or conciliation, or review, or anything else, said that it would involve delay; and if the Senator, who is shall have any power to summon witnesses, and to function, one of the best lawyers of my knowledge, says that there is no not exactly as a court, but to have some of the powers which possibility of delay, that is a new situation. courts possess. I may say, in passing, tl:lat 1t seems to me Mr. CUMMINS. There could be no delay other than this: that the bill is top-heavy in its machinery. There are too If the emergency board should summon a witness, and he de­ many boards or agencies. If we should reduce the number, I clined to appear, then the emergency board would have to think the results would be just as satisfactory, and perhaps apply to the proper court for authority to compel him to ap­ more so, and the strike, if there were a strike, or the contro­ pear, .under the penalty of contempt of court; or, if a wit­ versy, or dispute, could be settled much sooner than by fol­ ness should appear, and he declined to give the information lowing all the ramifications this bill provides. that the emergency board wanted, the same process would I shall return to the document from which I was reading, ensue; but in all the experience I have had with commissions and which, as I have sugg~sted repeatedly, I do not indorse who have authority to issue subpcenas there has been no fully. Some of the views I approve, and some I do not ap­ delay. I do not regard that as a sufficient reason for not prove. I read : giving the emergency board the authority to get the informa­ The great value to be derived from mediation, conciliation, and tion it wants. arbitration has been emphasized. The success of the Newlands .Act Mr. KING. Mr. President, may I say to the Senator from and the Erdman Act, and the large number of cases so amicably ad­ Ohio that the emergency board might feel that the testimony justed under these acts, have been mentioned. I believe there were of some particular individual was of the highest importance. 69 such adjustments under the first-named act and 146 under the Indeed, it might be so important as to cut the Gordian knot of second-named act.. The facts are, in so far as railroad labor is con­ the controversy. Without authority they could not secure the cerned, there was not a single major case involving the four trans- LXVII-565 8970 CONGRESSIONAL RECORD-SENATE 1\fAy 8 portation brotherhoods that was ever adjusted or settled by either of and not for principle, he during his lifetime did decline to go before tbe these two enactments. board. The fact should be emphasized that now the engineers' organi­ Great stress is laid upon the happy adjustments of this number of zation, since Mr. Stone's death, are back again before the Labor Board. cases, but it should be known that all of the cases so adjusted were The facts are that in three major cases, one· where .the enginemen went more or less individual and of the class of employees that does not on strike, refusing to recognize the board's jurisdiction, later appealed threaten or tie-up our railroads. The only railroad cases ever ad­ their case to the Labor Board and received from that Labor Board a justed by either of these acts were such as local shop distur_bances, very fair and favorable decision after they had used their old tactics of and not even one important case of that craft; one or two minor strike and threatened strike, and after having lost the case they then switchmen's disputes ; the rest of local agents, operators, and indi­ went to the Labor Board. In another instance, practicaUy the same, in vidual employees of no consequence in so far as safeguarding the rail very recent times, in a thoroughly major case involving rates of pay, transportation of the country was concerned. Or, again we repeat, they have come to the Labor Board. As late as May 3 the Labor that of the four transportation brotherhoods who are so thoroughly Board handed down a decision, not of a minor case but advancing the organized and have the power of stopping transportation, not a single rates of pay for all of the engineers and firemen on an entire railroad major case was ever adjusted by either of these two acts. To the con­ system to the rate granted by the New York Central two years ago. trary, they always declined to accept, for adjustment of their griev­ This case was taken to the Labor Board by the englnemen last Feb­ ances or fixing of wage schedules, either of these two acts. ruary; therefore, by their own Initiative, and not in either of these We call attention to the fact that the Labor Board has heard and three cases by the railroad managements. So the enginemen, the one adjusted more than 10,000 disputes- outstanding organization, are now back reinstated with the Labor 1\lay I digress to say that that is a most remarkable record, Board, filing their cases and receiving their decisions. With this rein­ if that statement is true- statement before the board of the engincmen, every one of the 16 labor organizations is now before the Labor Board, filing their cases and ask­ most of these cases being basic cases involving large and important ing for hearings. adjustments, fixing of rates of pay, and regulating working conditions It is true that some of the grand chiefs of the brotherhoods, just as it of every single branch of railroad labor, and yet it is said that the is true ot a few railroads, desire to destroy the Labor Board because Labor Board has broken down and has no authoritative jurisdiction. the Labor Board safeguards the public and retards or prevents the overt The facts are that during the past year more disputes have been lodged acts o! these few gentlemen on both sides who desire to be more power­ with the Labor Board for adjustment than in any year during its ful than the board and propose to heed no restraint. They know that existence. There are more important cases pending before the Labor they can no longer use their old methods to "intimidate the public, call Board at this time than were ever settled-either important or minor strikes, and threaten strikes. This is the reason they want the Labor cases-by either the Newlands or Erdman laws. Board destroyed, and the reason they desire the proposed bill is because llr. REED of Missouri. Mr. President, is the Senator will- they can return to their old methods. ing that I should call a quorum? Surely these suggestions have never been made to nulllfy the Labor Mr. KING. I yield for that purpose. Board; but if weak in any of its parts, the law should only be changed Mr. REED of Missouri. I suggest the absence of a quorum. to correct and perfect the Labor Board that it may do that which The PRESIDING OFFICER. The clerk will call the roll. Congress intended it to do. The legislative clerk called the roll, and the following Sena- It is said that there must be no forceful means of adjusting these tors answered to their names ; disputes, but that he wishes to go to every extreme for agreeable con­ Ashurst Fernald Kendrick Reed, Mo. ciliation and desires to give this a trial. Bayard Ferris Keyes Reed, Pa. Bingham Fess King Robinson, Ind. President Wilson desired this as greatly as any mad could have Blease Fletcher La Follette Sac"kett desired it, and yet in each cruelal case of any moment these men who Borah Frazier Lenroot Sheppard are now asking for mediation and arbitration refused mediation and Bratton George McKellar Shortridge Broussard Gerry McLean Simmons arbitration against and over all of the power of the President's office Bruce Glass McMaster Stanfield and against all public opinion, and still more, when their country was Butler Goff McNary Swanson engaged in the World War, and the world's people were suffering, they Caraway Gooding Metcalf Trammell Copeland Hale Neely Tyson denied these appeals and enforced their demands in the old way-by Couzens Harreld Norbeck Underwood the power of strikes or the people must settle at their dictates. And Cummins Harris Norris Wadsworth so in the two greatest labor disputes that have ever confrcmted this Curtis Heflin Nye Warren Deneen Howell Oddie Watson country these men denied emphatically to do the things that they now Dill Johnson Overman Wheeler any are so desirable. Edwards Jones, N.Mex. Phipps Williams It is positively certain that no more can be expected in the future Ernst Jones, Wash. Ransdell W1llis than that which has been realized in the past, and it is well known The PRESIDING OFFIOER. Seventy-two Senators having that every essential labor organization in the rail transportation answered to their names, there is a quorum present. branches of the service have refused mediation and arbitration in Mr. KING. Mr. President, I read further: every form and In every important case, and when their country and It is said that neither the carriers nor the employees are wllling to the people as a whole had greater rights to expect obedience to the recognize the Labor Board; therefore they have no authority or power. will of the people. It is true that before the courts had passed upon the authority o! the Another certain fact. that can be offered without a question of doubt, board, and before their status and importance was fully understood, and can not be refuted by anyone, is that not one of the great public five railroads denied the board's right to adjust certain features of organizations of labor sincerely and honestly believes in conciliation and opet·atlon, but everyone o! these roads has learned better, and for the arbitration. Nothing could more clearly demonstrate this than the past four years there bas been but one outstanding railroad that has recent anthracite coal strike. These men were ready to starve before they unqualifiedly decllned to recognize the Labor Board. Every railroad would arbitrate. The four transportation brotherhoods have been except this one that in the beginning questioned the authority of the willing to starve the American people before they would arbitrate. Labor Board, is to-day arguing for the retention of the Labor Board Therefore the safety of the American people and of United States com­ and desire to obey it. Or seeing this in another way, every railroad merce demands that there must be a fair and just Federal tribunal except this one is recognizing the Labor Board, both the carriers and that can and will enforce fair and just laws. This great question can employees are submitting cases to the Labor Board, and both are obey­ not be left to the promises of either of the parties, because their prin­ ing the decisions of the Labor Board. There is positively nothing that ciples are too deeply rooted and this present movement is only one could be further from the facts than the statement that neither side more effort to retain their place of advantage. recognizes or obeys the Labor Board. It is said, using the New York Central case of January, 1924, that It has been said that the employees refuse to go before the Labor neither side was wUling to go to the Labor Board, and that the Labor noard. The real facts are that in so far as the employees are con­ Board could not take jurisdiction in the case. cerned they have never declined to go before the Labor Board or to Nothing could be further from the facts. There was no dispute in obey the Labor Board. It is only their chiefs-it is only the labor­ the New York Central case. The employees asked for certain increases organization men that have refused to obey the Labor Boaru, and not in rates o! pay and certain changes in rules, and the New York Central the rank and file that questions the Labor Board. To the contrary, of Itaill'oad was willing to give them these increases and did give them in­ these more than 10,000 cases, it has been the employees who have ap­ creases by agreement. It is true the law says that the Labor Board pealed to the Labor Board. can deny such increases, but under the circumstances it would not have The further facts are that only the enginemen have declined to recog­ been good policy for the Labor Board to have injected tbemselve into nize and be directed by the Labor Board, and in this instance the this case to stop it. The result was that every road in the United refusing by the enginemen grew out of a personal quarrel between States was forced to make these same increases, and it was this last former Chief Warren S. Stone and the first chairman of the Labor large increase that helped to break down the ronds in the West and Board, which dispute or difficulty was carried further, and Mr. Stone tbat has left so many of the w estem roads where they now must have entered into a public controversy, through the press, with the present help. Hearings on the demand for an increase in freight rates are now chairman of the Labor Board, and because of these personal di1Ierences, pending before the Interstate Commerce Commission. 1926 CONGRESSIONAL RECORD-SENATE 8971 It is known that som~ of these rich roads have already promised further investigation would demonstrate the fact that -the bill increases in orde1· to bring about this proposed method, and we will was in part conceh·ed for the benefit of two or three great again all be called upon to increase our costs to meet this proposed in­ railroad systems, and before I vote upon the question I want crease of these few rich roads. to have these facts thrashed out and to know exactly what It has been said that the carriers and their employees during the they are. We have alrea,dy now progressed to the point where early period of Federal control agreed to the establishment of boards we know there have been a lot of wild and reckless statements of adjustment, and accordingly boards Nos. 1, 2, and 3 were established made, because the Senator fi•om Indiana himself has said and then was founded the wisdom of such boards. of adjustment that there are 20 railroad systems opposed to the measure. Where had proved so helpful and worked so harmoniously. do those railroad systems lie? My understanding is they are The facts are that for years before Federal control the employees chiefly in the West and Southwest. They are the weaker had in many ways tried to establish some form of board (now termed syste~s. They are the systems which are at the present time, boards of adjustment), the employees having an equal voice or repre­ speaking of them generally, as there may be exceptions, earning sentation on such boards of adjustment with the carriers, but this but small returns upon their capital, and some of them are was always denied because it was an unsound principle and an economi­ really in need of aid and assistance. On the other hand, some cal waste, because it wns clear to all that with equal Y'Oice on both of the roads that have been chiefly backing this measure have sides lt would be futile to submit a question of vital importance to been earning large sums of money and are, I am informed such board, because if the question was of importance not favorable about in the position where under the recapture clause of th~ to the carrier the carrier's representation would deny it. On the transportation act they will soon be obliged to make some con­ other hand, it not favorable to the employees in a question of vital tribution to the Government, f!,nd accordingly they would not importance they would deny it, and no good has thus far been accom­ be very averse to even a raise of wages, because at least a plished, and during the entire Federal-control period this was proven part of it would come out of moneys that otherwise would fiow beyond question~ but this being an insistent and popular demand the into the Treasury. first director general conceded the employees' request under stress of More than that, if wages were raised under a general order war conditions and to encourage peace made this an order, but the the wealthy roads might be ab-le to stand the raise wherea~ railroad managements never agreed to this. the weaker roads might be bankrupted, and the process of The second director general-a most competent judge-finding this absorption of weaker lines that have been thrown into the method· to be unworkable, practically set aside these boards of adjust­ hands of receivers would be made very easy for the great roads ment ; true it is that the Congress followed this thought and pro­ that are at present very favorable to the proposition of. rail­ vided for such boards in the transportation net, so that under this law road consolidation. no substantial headway has been made in the forming of such boards These considerations are of a very serious character, and it of adjustment. There are but two small groupS' of roads thus far would be well before we take action upon this measure to know working under such boards of adjustment and, so tar as we know, what the facts are. but two or thr.ee roads that operate with system boards of adjustment, Again, we are told that all of the railway employees are all of which has proven to be impracticable and do not meet the ex­ favorable to this bill. My understanding is that the larger pected requirements. Therefore, the labor organizations, in the pro­ proportion of the railway employees are not favorable to this· posed law, are seeking to bring about such a national board of adjust­ bill; that two powerful organizations favor it; but that the ment. It wlll be clearly seen by every Senator that this is a gain organizations which are of a subordinate or lesser character of power sought for solely by the employees. do not favor it. Moreover, there are upon a considerab-le Mr. President, this concludes the statement which I have number of railroad systems organizations which are confined­ brought to the attention of the Senate. I am sure the views to the employees of the particular system. Those organiza­ presented will occasion reflection and lead Sentors to weigh tions, I am informed, do not desire this bill, because they be­ carefully the provisions of the measure now before us. Later, lieve it will be inimical to their interests. So when this bill is Mr. President, I may have something to say upon the various brought here and we are told that it is an agreed bill and that provisions of the bill. everybody i.s for it and therefoJ,:e we ought to accept it, the Mr. REED of Missou:d Mr . .President, it seems to me that statement is not founded in fact. · the Senate is confronted with a great many disputes of fact. Mr. WATSON. Mr. President, will the Senator from Mis­ First we are told that all of the railroad officials and all of the souri yield to me? railroad employees have agreed upon the bill. Upon the other The PRESIDING OFFICER. Does the Senator from Mis­ hand, representations are made that the majority of the rail­ souri yield to the Senator from Indiana? road managers who are engaged in the practical management of Mr. REED of Missouri. I do. the roads are opposed to the bill. Mr. WATSON. Has anybody stated on the floor at any time Mr. WATSON. Mr. PreSident, will the Senator from Mis­ that everybody was for the bill? souri yield to me? 1\Ir. REED of Missouri. I do not know that anybody has Mr. REED of Missouri. Certainly. stated that everybody was for it, but, as I understood the Mr. WATSON. I do not think there need be any dispute Senator from Montana [Mr. WHEELER], who· seems just now to be about it if that be a fact of importance. There are 58 railroads, out of the Chamber, he stated this very morning that this was the names of which I had incorporated in my speech the other a bill that was agreed upon by the employers and the em­ day, which favor a passage of the bill, and 20 which oppose it. ployees, and the impression I distinctly got from his statement There are 20 labor organizations which have indorsed it and was that it was a bill as to which. both sides of the equation one or two have asked for some amendments. That is the ex­ were in complete accord. I know that it has been represented isting situation. here for weeks that there was a bill here that the employees Mr. REED of Missouri That, of course, is a very difi'erent and the employers had fully agreed upon. That does not, or situation than was pre ented by some of the advocates of th~ course, necessarily mean every individual, but it certainly measure. My understanding of the facts goes further than the ought to mean practical unanimity. Now, we know, as a matter statement just made· by the Senator from Indiana. My under­ of fact, there is no unanimity on either side of this question. standing is that there are some 38 railroads that now, at least, 'l'here may be a majority, but certainly there is not unanimity. oppose the enactment of the bill. Mr. W .A.TSON. Mr.. President, may I remind the Senator in Mr. WATSON. Has the Senator a llst of those roads? that connection, if it does not disturb him, that, as I said at Mr. REED of Missouri. Not with me. I think I can easily the outset of my remarks the other day-although, so far as procure it. Further than that, statements have been made to this portion of the question is concerned, I do not regard it as me, by men whose word I would ordinarily accept on any mat­ absolutely conclusive--the railroads vote by thousands of ter, that in truth and in fact the supposed agreement on the miles and not by units. On that basis 199 votes were cast for part of the railroads wa accomplished really at the instance the bill and 28 votes against it. Twenty labor organizations, of two or three of the large railroads without any sufficient representing 1,750,000 employees, voted for the bill. Of course, prior notice to the representatives of railroads and without that is not unanimous, but I think it is a fair representation, that degree of deliberation and time for consultation which the at all events, of b

' 8972 CONGRESSIONAL RECORD-SENATE MAY 8 Mr. ROBINSO~. We are not otrering any objection at all; we are events, there were four of them appointed finally as a com­ simply explaining our attitude with reference to it- mittee to discuss the question and see whether or not they could And so forth. He suggested that, so far as the short lines formulate a measure. Conferences between the two side were were concerned, the bill would be satisfactory to them if one or held off and on during the summer and fall of 1925. I can not two amendments were adopted, and that he was not offering ay to the Senator just how many conferences were held nor objections to the bill. do I know ~ow many attended each· conference, but I do know l\Ir. REED of Missouri. Yes. I will come to the question of that the railroads of the country as a whole and the railroad their not making objection to the bill in a minute ; but the labor organizations of the country as a whole understood that Senator from Indiana has stated that the railroads voted by these conferences were being held, understood the object of mileage, not by roads, and that voting by mileage there were their being held, and that there was at that time practical 199 votes to 28 votes. But how would the vote have stood unanimity at least in the effort to get together. These four if it had been by the companies and not by mileage? men were. appointed, two representing labor and two the man­ 1\Ir. WATSON. It would have stood 58 to 20. agement, to formulate the agreement, and they did so. Mr. REED of Missouri. Fifty-eight in favor of the bill? l\1r. REED of l\!issoud. Who were the four men? Mr. W ATSO:N. Yes, sir. l\lr. WATSON. I will say that l\lr. Walber, vice pre ident Mr. FLETCHER. l\Ir. President, may I ask the Senator of the New York Central, was one. from l\1i souri a question? Mr. REED of Missouri. Was Mr. Atterbury one? Mr. REED of l\lissouri. Yes. Mr. WATSON. No; Mr. Atterbury was not one. I can not Mr. FLETCHER. The Senator has alluded to a large num­ recall the name of the fourth. I know that l\Ir. Doak was one. ber of employee not connected with regular organizations but The Senator knows who l\Ir. Doak is. having working agreements with individual roads. Mr. REED of Missouri. No ; I do not. Mr. REED of Missouri. Yes. Mr. WATSON. I thought the Senator did. l\Ir. FLETCHER. I understand they comprise a larger num­ l\Ir. REED of Missouri. I am not very well acquainted with ber of workers even than are in the regular organization. Does railroad presidents. the Senator know what their attitude toward the bill is? Mr. WATSON. He is not a railroad president; he is vice Are they opposed to it or otherwise? president of one of the railroad organizations. Mr. REED of Missouri. I have been ·told they are opposed Mr. LA FOLLETTE. He is vice president of the· railroad to it. These statements which I make I must make u11on the trainmen's organization. strength of the representations made to me by gentlemen whom l\lr. REED of Missouri. Very well. I believe to be honorable men. l\fr. WATSON. He is vice president of the railroad train­ l\lr. WATSON. l\!r. President, I will say to the Senator men's organization, and certainly, I wish to say to my friend, that my understanding is that the roads that lead out from one of the foremost representatives of railroad labor in St. Louis, as a rule, are opposed to this proposition; that is my America. understanding. Mr. BRUCE. l\1r. President, I am glad to corroborate that l\!r. REED of Mis onri. Yes; I do not think there is any statement. Mr. Doak is very well known to all of us. doubt about that; and not only the roads that lead out from l\1r. REED of Missouri. Perhaps my not knowing him argues St. Louis, but the roads that lead out from Kansas City, roads myself unknown, but I do not place the name. I thought the that lead out from all points throughout the West and South­ Senator was calling the names of the railroad pre idents. west, and roads that lead into eastern portions of the country. Mr. W .A.TSON. No. I recalled the name of Mr. Walber, I think the situation is this: A meeting was called of rail­ one of the vice presidents of the New York Central, as being road officials and the subject matter was taken up. Although one of the four. The names of the others escaped me. it was expressly barred by their association agreement, it was Mr. REED of Missouri. Was not the other the repre enta­ suddenly sprung upon them ; it was advocated by two or three tive of the Pennsylvania Railroad? powerful roads ; a vote was taken within a very short space 1\Ir. WATSON. I will say to the Senator that I can not of time, and, a majority being for it, the other roads or their an ·wer that question. I will look it up for the Senator and managements felt for the time being that their hands were let him know. · tied. They then began a tudy of this bill, and my information is that actually a majority of the railroad managements-! Mr. GOODING. Mr. President, I think that is correct. mean the practical managements-are against this bill, and Mr. REED of Missouri. That is the road, I believe, that that the real backing that the bill had among the raili·oads first refused to obey the decisions of the present board, is it themselves came from the financial management and not the not? practical management. I should like to know before I vote 1\Ir. WATSON. It did, among others. on this bill what the fact is regarding the matter just dis­ l\lr. REED of Missouri. Was it not rather the leader in cussed. that? Mr. WATSON. Mr. President-­ Mr. WATSON. I can not answer that question. I do not Mr. REED of Missouri. Then-- know who led off in that sort of movement. The PRESIDIKG OFFICER (:M:r. McNARY in the chair). Mr. REED of Missouri. Very well. Does the Senator from Missouri yield to the Senator from The Senator has made a very extended an wer. I do not Indiana? think what took place in either political convention is 'Very l\lr. 'VATSON. I thought the Senator had asked me a ques· binding upon us in regard to this bill. tion. Mr. WATSON. I will ay to the Senator, if he will pardon Mr. REED of Missouri. No; but, of course, I am willing to me that I do not say that it is; but I understood the Senator be enlightened as I go along. to 'make the assertion that this thing was done in a corner 1\lr. WATSOX I will say to the Senator that the agitation and that nobody knew anything about it and that these pro­ for a change so far as the Railroad Labor Board is concerned po ed changes were secret. began some time ago. President Coolidge, in his message in 1\Ir. REED of l\Iissouri. I did not. December, 1923, mentioned the fact that something should be 1\Ir. WATSON. I called attention to the fact that the Presi­ uone by way of legislation along this line. The Democratic dent of the United States in three messages mentioned it; that National Convention in 1924 adopted a plank in its platform two platforms bad adopted it; that it was a matter of wide· along that line, and the Republican Convention incorporated a spread knowledge; that all the railroads knew about it; that plank in its platform that was quite specific and quite definite, all the labor organizations knew about it; and that it was not setting forth just what ought to be done and the lines along done in a corner. which we should proceed. The President again, in his message Mr. REED of l\li souri. Mr. President, I must have been of 192-1, called the attention of Congress to that fact. That led singularly unfortunate in expressing myself if I gave the Sen­ to an effort between management and labor to get together. ator from Indiana the impression he has just expres ed. They began a series of conferences early in the spring of 1925. Mr. WATSON. Perhaps it was my dullness of apprehension. Mr. REED of Missouri. Who began them? l\Ir. REED of 1\Iissomi. What I said was, speaking of the Mr. W .A.TSON. Some of the railroad managers and some of action of the railroads themselves, that I understood the fact the labor organizations. to be that the association agreement of the railroads barred Mr. REED of l\!i souri. Will the Senator tell us which of the the con ideration of just such a question as this; that never­ railroad managers? theless a meeting was called, and that the propo ition to agree Mr. WATSON. It resulted finally, I can say, in the appoint· upon this bill was suddenly sprung in that meeting, and that ment of l\!r. Doak on the part of one of the labor organizations ; without adequate time for consideration a vote was taken. Mr. Robertson, president of another one of the labor organiza­ Mr. LA FOLLETTE. Mr. President-- tions; Mr. Walber, vice president of the Big Four; and another l\!r. REED of Missouri. That has nothing whatever to do gentleman whose name I can not recall at the moment. At all with what happened down at Madison Square Garden, or what 1926 CONGRESSIONAL RECORD_-_SENATE 8973 happened at the Republlcan convention, wherever that was Mr. LA 'FOLLETTE. If the Senator will permit me, I will held, and it has not anything to do with 1\fr. Coolidge's mes­ read a few paragraphs from the statement. sages. Mr. REED of Missouri. Certainly I will permit the Senator. Mr. CURTIS. Mr. President-- Since he has been so generous as to say that my attitude is The PRESIDING OFFICER. Does the Senator from Mis­ that, I have all the time ; I am going to divide it with him. souri yield, and to whom? Mr. LA FOLLETTE. I apprecite the courtesy of the Sen!l.­ Mr. REED of llissoi:Iri. Just a moment. That there has tor. He is always very generous to me. ,, been for ·a long time a discus:;ion of -the relations between Mr. Thorn, in the hearings referred to, said : railroad lines and their employees we know. We have had such discussions here on this floor many times. Shortly after the adjournment of Congress the matter was taken Mr. WATSON. Mr. President, if my friend will yield to me, up again, but lt was impossible for a time for these gentlemen to have • I will answer his question. another conference because of a series of annual conventions of the l\!r. CURTIS. Mr. President, if the Senator will yield to labor organizations, which began in the spring and finished in the me I want to put in a little statement just there. The Sen­ early summer of 1925. As soon as these were out of the way the at~r from Indiana called attention to the President's messages, matter was taken up again, this time in a more represeniative and but he neglected to call the attention of the Senate to this authorized form. A committee was appointed, pursuant to a resolu­ language in his message of 1925 : tion adopted by the executive committee of the Association of Rail­ way Executives, on March 20, 1925, the committee being appointed Whenever they bring forward such proposals, which seem sufficient also for the purpose of taking up the whole labor situation and reporting to protect the interests of the public, they should be enacted into law. back to the association their recommendations as to the steps that Mr. WATSON. Which I claim this does, and which the should be taken. President of the United States is sponsoring in this bill. ·That committee consisted of the following gentlemen associated 1\Ir. CURTIS. When? with important railroads throughout the country: W. W. Atterbury, Mr. WATSON. Now; all the time. of the Pennsylvania; J. H. Hustis, of the Boston & Maine; A. C. Mr. CURTIS. Can the Senator produce to the Senate any Needles, of the Norfolk & Western; W. L. Mapother, of. the Louisville evidence that the President has sponsored this bill? & Nashvllie; L. W. Baldwin, of the Missouri Pacific; Hale Holden, Mr. WATSON. Why, the Senator knows that the President of the Chicago, Burlington & Quincy; Carl R. Grey, of the Union sponsors this measure. Pacific ; Charles Donnelly, of the Northern Pacific ; E. E. Loomis, Mr. CURTIS. No; the Senator does not know it. of the Lehigh Valley; W. R. Scott, of the Southern Pacific; C. H. Mr. WATSON. Well, I know it Markham, of the Tilinois Central. ·Now, if my friend from Missouri will yield, I will answer his question more in detail. Mr. President, then follows the statement that- The committee of carriers to which reference has been made A subcommittee was appointed to go into the subject with repre­ was composed of the following: General Atterbury, chairman ; sentatives of the labor leaders and to report back to this larger Mr. Crowley, president of the New York Central; Mr. Mark­ committee. I think, Mr. Rlchberg, that the representatives who actively ham, of the Illinois Central; l\1r. Holden, of the Burlington; participated on the part of labor were Mr. Prenter, of the Brother­ Mr. Hustis, of the Boston & Maine; Mr. Needles, of the Nor­ hood of Locomotive Engineers ; Mr. Robertson. of the Brotherhood of folk & Western; Mr. Mapother, of the Louisville & Nashville; Firemen and Enginemen ; Mr. Doak, vice president of the trainmen ; Mr. Donnelly, of the Northern Pacific; Mr. Loonlis, of the and Mr. Sheppard, of the conductors. Lehigh Valley; Mr. Baldwin, of the Missouri Pacific; Mr. The CHAm M.A..--.. Who were the executives' subcommittee? Scott, of the Southern Pacific-Mr. Baldwin did not attend all of Mr. THOAI. General Atterbury was chairman. the meetings, and Mr. Willard was not a member of the commit;.. The CHA11tMA..N. Of the subcommittee, I mean? tee, but acted with it-and Mr. Gray, of the Union Pacific. Mr. THOM. I say General Atterbury was chairman o! the subcom­ Mr. REED of Missouri. What is the Senator reading from? mittee. Can you tell me who the others were? Mr. WATSON. I am reading from the hearings before the Mr. ELISHA LEE. Mr. Crowley, Mr. Willard, Mr. Markham, and Mr. committee, part 1, page 32. Holden. Mr. LA FOLLETTE. Mr. President, if the Senator from Missouri will yield to me-- Then, Mr. President, the statement goes on and tells that at Mr. REED of Missouri. I yield. the meeting held by the executives' association on December 21, Mr. LA FOLLETTE. Referring to this conference which 1925, in Chicago, the bill, substantially in its prese-nt form, was took place between a committee representing the railway presented to that meeting of the membe-r roads, and the follow­ executives and a committee representing the standard rail­ ing resolution was adopted : road labor organizations, I should like to call the Senator's Ur. REED of Missouri. Where is the Senator reading from attention to th_e fact that the appointment of the committee now? on the part of the railroad executives was authorized by the Mr. LA FOLLETTE. I am reading now on page 110: Association of Railway Executives on March 20, 1925, which would seem to indicate that the association itself had author­ Resolved, That the report of the committee on labor-- ized the beginning of these conferences. It seems to· me that That is the committee appointed under the March author­ it is not fair to deduce from that that the action which they ization- took later, in indorsing by a substantial majority the action of that joint committee, could be characterized as being a snap Resolved, That the report of the committee on labor presenting the proposition sprung upon them without any notice. draft of a bill for the adjustment of labor disputes be, and it is Mr. REED of Missouri. Mr. President, all that I know in hereby, accepted and approved in principle, and the labor committee is regard to thiS matter consists of the statements that have been continued for the purpose of ht.:ving the same enacted into law with made to me by the heads-of certain railroads, gentlemen with such changes in expression and details as it may approve, and the whom I have no extended acquaintance, but whom I know to general counsel is d1rected to cooperate With them to that end. be men of high character. I continue to read from Mr. Thorn: Mr. LA FOLLETTE. Mr. President, I do not like to in­ Pursuant to tbat resolution, wblcb, as I say, was adopted just fringe on the time of the Senator from Missouri-- before Christmas, on the 21st day of December, 1925, a committee met Mr. REED of Missouri I have all the time there is; the in my office, the labor representatives being represented by Mr. Rich­ Senator is welcome. berg, with whom were present Mr. Robertson and Mr. Doak, the rail­ Mr. LA FOLLETTE. I realize that that is the Senator's roads being represented by me, and with me were Mr. Walber and Mr. -1 attitude; but, Mr. President, should like to call the attention Elisha Lee. of the Senator from Missouri to the statement made by Mr. Thorn, representing the railway executives of this country, I just wanted to point out to the Senator from Missouri the before the House Committee on Interstate and Foreign Com­ successive steps which were taken in these negotiations, be­ merce, which the Senator will find on page 109 of those hear­ cause I felt that they show ve1·y clearly that the Association of ings. If the Senator will permit me, I should like to read Railway Executives had duly authorized these negotiations and briefly from those hearing Mr. Thorn's statement, which is that they had taken place through a duly authorized subcom­ the historical background of all of these negotiations to which mittee, and that the association at one meeting subsequent to the Senator is referring. the adoption of this report had considered the matter and Mr. REED of Missouri. Page 109? authorized the continuance of the committee. In view of the Mr. LA FOLLETTE. It begins on page 109 o.f the House fact that the Senator had indicated that he was under the hearings. impression that this matter had been sprung upon the associa­ Mr. REED of Missouri. I have not them. tion, I felt that this would tend to clear up the matter. 8974 CONGRESSIONAL RECORD-SENATE MAY 8 1\Ir. REED of Missouri. Mr. President, I am obliged to my The VICE PRESIDENT. The clerk will call the roll. friend, and what he has presented may seem to him to be very The legislative clerk called the ~roll, and the following Sen­ conclusive. To my mind it is not conclusive of anything. a tors answered to their names : Here was a committee appointed, it is true, some time before, Bayard Fletcher Lenroot Sackett at whose instance? Apparently at the instance of Mr. Atter­ Bingham Frazier McKellar Sheppat·d bury, the chairman of the committee, more than anybody else. Blease George McLean Shortridge Bratton Gillet11 McMaster Simmons Mr. LA FOLLETTE. Mr. President, if the Senator will per­ Broussard Goff McNary Stanfield mit me, there is nothing on the record to indicate that Mr. Bruce Gooding . Mayfield Steck Atterbury was the person responsible for the executives' asso­ Butler Hale l\Ietcal! Swanson Caraway Harreld Neely Tyson ciation taking up these negotiations. Copeland Harris Norbeck Underwood Mr. REED of Missouri. I think that is unimportant. Mr. Couzens Heflin Norris Wadsworth Atterbury is chairman of this committee. Who is Mr. Atter­ Curtis Howell Nye Warren Deneen Johnson Oddie Wat on bury? Dill Jones, N.Mex. Overman Wheeler Mr. LA FOLLETTE. Mr. Atterbury is president of the Edwards Jones, Wash. Phipps Williams Pennsylvania Railroad Co. Ernst Kt-ndrick Ransdell Willis Fernald Keyts Reed, Mo. 1.\Ir. REED of Missouri. What else? Is he not the man who Ferris King Reed, Pa. led the fight on the present board and on its decisions, and Fess La Follette Robinson, Ind. refused to abide by its decisions? The PRESIDING OFFICER (Mr. STECK in the chair). 1\Ir. LA FOLLETTE. I think there is no question but what Sixty-nine Senators having answE?red to their names, there is a the Pennsylvania refused to accept the jurisdiction 'Jf the quorum present. Labor Board, and the case went to the Supreme Court, and the Mr. CURTIS. Mr. President, while the debate has gone on Supreme Court held that the Labor Board had no power to this afternoon, I have had some conference with Senators on enforce its decisions. That is one of the reasons why this new the diffetrent sides of this question, and those who are opposed machinery must be set up, if we are going to have any sort of to the measure would like a little time to consider the question machinery for settling disputes. of preparing amendments or motions, or considering them, and Mr. REED of Missouri. Does my friend claim that a decision for consultation. I believe we could save time if after a short of the board it is proposed to set up will be a binding de­ executive session we would adjourn until to-morrow, when we cision? Mr. LA FOLLETTE. No, l\Ir. President-- meet under the special order. If this course is agreeable to Mr. REED of Missouri. Then when we get through setting the SenatOtr from Indiana, I would like to proceed in that way. Mr. WATSON. ~Ir. President, the Senator from Kansas and it up, it will be in exactly the same position the present board I have conferred. I have talked also with some of my associ­ is in. Neither of them would h~ve authority to make their ates and with Senators opposed to the pending measure. This decisions binding. l\lr. LA FOLLETTE. The Senator must be more specific. is not an attempt on their part to filibuster. They want time to deliberate on the question as to whether they will offer an­ If the Senator refers to the matter of arbitration when accepted on behalf of both parties to a dispute, of course it is binding, other amendment-- because once that acceptance is made, after arbitration is con­ Mr. KING. Or more. cluded, the award is filed with the clerk of the district court 1\Ir. WATSON. Or more; and it will probably be more. and it becomes binding on all parties. ' Mr. CURTIS. And a motion to recommit. Mr. REED of Missouri. Mr. President, I do not concede any Mr. WATSON. And a motion to recommit, and so forth. such thing. I assert it to be the law that if the representatives But I have every assurance from them-and, of course, I rely of the men working for these railroads were to sign an agree­ upon what they say-that in all probability we will save time ment for a certain wage with all the presidents of all the rail­ by taking an adjournment now rather than by running on until roads, and the men the next day refused to accept that wage, 5 o'clock and taking the risk of losing our quorum, and thus no court on earth could compel them to take it. lose time. As far as I am concerned, I am entirely willing to Mr. LA FOLLETTE. Mr. President, that provision was in enter into that agreement. I would like to make this request, the Erdman Act and in the Newlands Act. however, of the Senator from Kansas before we finally agree to 1\:lr. REED of Missouri. Exactly ; and neither of them is en­ that. Will not the Senator agree to a unanimous-con ent agree­ forceable. I do not want to be led aside from the theme I was ment to take a vote at 3 o'clock on 1\Ionday afternoon on a mo­ talking about, but since I have been led aside this far, let us tion to recommit to be offered on Monday, or right now? get down to a little common sense and business about this 1\Ir. CURTIS. Personally, I would be willing to enter into that agreement, but several Senators who favor a motion to matter. There is a board. It is an association of the men on the recommit have told me that they would not now agr~e to such one side and an association of the railroads and employers a request. So it would be useless to ask unanimous consent at upon the other side, and they can get together and negotiate this time for that purpose. and agree, and the decisions can not be enforced under the 1\!L·. W .A.TSON. Then let me ask this further question-- present law, nor can agreements be enforced under the proposed 1\Ir. KING. May I make a suggestion to the Senator? law. They all must rest upon the good faith of the parties. 1\Ir. WATSON. Certainly. When Mr. Atterbury challenged the decision of the board, re­ Mr. KING. On Monday, and within a short time after the fused to abide by it, and went to the Supreme Court in re­ debate proceeds on Monday, we will know just what the itua­ sistance to its orders, he was the man who broke the strength of tion will be, and I think the Senator can then renew his request the board which now exists, for he defied its order instead of with perhaps more certainty of an agreement being reached. obeying it, and, of course, the court said that there could be 1\Ir. WATSON. 1\Iy understanding is, then, from the Senator no compulsion. He defied its order. If the present board is from Kansas and the Senator from Utah and the Senator from powerless, if its usefulness is gone, it is because Mr. Atter­ Missouri that they will not agree to a unanimous-consent re­ bury and on·e or two other railroad managements refused to quest-- obey the decisions of the board, simply because the board did Mr. KING. Not now. not have legal authority to compel obedience. Now it is Mr. W .A.TSON. To vote on any proposition in connection with proposed, on Mr. Atterbury's demand, that there be set up the mE'asure at this time? another board, which will be equally without power and equally Mr. REED of Missouri. Not at this time. witho~t authority, equally paralyzed and powerless, save and 1\Ir. ·wATSON. That is what I said. except as both parties may be willing to submit a controversy 1\Ir. REED of Missouri. But I will say to the Senator from and willing in good faith to abide by the decision of th~ Indiana that I know of no man in the Senate who has any board. desire to delay a vote upon this measure beyond the time Mr. WILL~IS. Mr. President, they can do that without necessary for the reasonable discussion of it. legislation, can they not? Mr. WATSON. This is a measure of very great importance. Mr. REED of Missouri. Certainly they can. The men and as we all know, and I am entirely willing that it should be dis­ the management of the roads. can do it without any legislation, cussed, of course. I have no disposition whatever to try to and they h~ve done it, an~ d1~ it for many, many years. They crowd it through or ram it down anybody's throat. On the can do it If we pass this bill. They can do it under the other band, I think that, because of its importance, there present acts. They are not bound to go to thls board. No law should be no filibuster organized against it. can compel them to go to the board, in my opinion. Mr. REED of Missouri. There is none. Mr. WATSON. l\Ir. President, will the Senator yield while Mr. WATSON. I did not mean that any had been, of course. I ask for a quorum? Therefore, with that understanding, I am entirely 'villing that :Mr. REED of Missouri. I yield for that purpose. an adjournment shall be taken. There must be an adjourn­ Mr. WATSON. I make the point of no quorum. ment, because we meet to-morrow for a special purpose. 1926 CONGRESSIONAL RECORD-SENATE 8975

Mr. KING. May I say to the Senator that most of the debate FLORID .A on the bill has been in its favor, so if there has been a,ny fill­ William W. Zipperer to be postmaster at Jennings, Fla., in buster it has been by the proponents of the measure. place of W. W. Zipperer. Incumbent's commission expires May Mr. HEFLIN. Mr. President, I would suggest to the Senator 11, 1926. from Kansas that we might adjourn untilll o'clock on Monday. Charles S. Williams to be postmaster at Key West, Fla., in Mr. CURTIS. There are special exercises to-morrow in the place of C. S. Williams. Incumbent's commission expires May Senate and I think we had better follow the regular course. 11, 1926. 1\Ir. WATSON. There is a special order for memorial exer­ Rhea W. Pherigo to be postmaster at Kissimmee, Fla., i.Q. cises to-morrow. place of R. W. Pherigo. Incumbent's commission expires May Mr. HEFLIN. Very well. 12, 1926. EXECUTIVE SESSION GEORGIA Mr. CURTIS. I move that the Senate proceed to the consid­ James W. Long to be postmaster at Ashburn, Ga., in place eration of executive business. of J. W. Long. Incumbent's commission expired April 3, 1926. The motion was agreed to, and the Senate proceeded to the Herbert I. King to be postmaster at Dexter, Ga.,· in place of consideration of executive business. After :five minutes spent in H. I. King. Incumbent's commi.ssion expired March 17, 1926. executive session the doors were reopened, and the Senate (at Fletcher N. Carlisle to be postmaster at Flowery Branch, 3 o'clock and 5 minutes p. m.) adjourned until to-morrow, Sun­ Ga., in place of R. 0: Mil wood. Incumbent's · commission ex­ day, May 9, 1926, at 11 o'clock a. m. pired September 30, 1925. Noel H. Bragg to be postmaster at Gray, Ga., in place of N. H. Bragg. Incumbent's commission expired January 17, NOMINATIONS 1926. Exeautive nomination.s received by tne Senate May 8 Oegi8Zar Henry L. Murphey to be postmaster at Hephzibah, Ga., in tive day of May 6), 1926 place of H. L. Murphey. Incumbent's commission expired FOREIGN SERVICE February 20, 1926. . Thomas P. Philips to be postmaster at Lithonia, Ga., in place VICE CONSULS of D. P. Philips. Incumbent's commission expired August 7, The following-named per. ons, now Foreign Service officers, 1921. unclassified, to be also vice consuls of career of the United William H. Astin to be postmaster at Palmetto, Ga., in place States of America: of W. H. Astin. Incumbent's commission expired January 17, Ellis 0. Briggs, of New York. 1926. . David K. E. Bruce, of Maryland. Joe B. Saunders to be postmaster at Ringgold, Ga., in place Augustus S. Chase, of Connecticut. of J. B. Saunders. Incumbent's commission expired February Early B. Christian, of Louisiana. 13, 1926. Lewis Clark, of Alabama. William lD. Fitts to be postmaster at Rocky Ford, Ga., in Harry L. Franklin, of Kentucky. Place of W. E. Fitts. Incumbent's commission expired April 7, Eugene P. Lawton, jr., of Georgia. 1926. William H. T . .Mackie, of New Jersey. Mary "'\V. Barclay to be postmaster at Rome, Ga., in place of John H. Morgan, of l\fassachusetts. M. W. Barclay. Incumbent's commission expired December 14, W. Mayo Newhall, jr., of California. 1925. Lloyd D. Yates, of the District of Columbia. Joseph D. Long to be postmaster at Bremen, Ga., in place of McCeney Werlich, of the District of Columbia. H. G. Entrekin, deceased. Rufus H. Lane, of Virginia. IDAHO REAPPOINTMENT IN THE OFFICERS' RESERVE CORPS OF THE ARMY Emma C. 'Veber to be postmaster at Burke, Idaho, in place of GENERAL OFFICER E. C. Weber. Incumbent's commission expired January 17, To be brigadier general, reserve 1926. Charles C. Henderson to be postmaster at Kamiah, Idaho, in Brig. Gen. Samuel Herbert Wolfe, Finance Department Re­ place of C. C. Henderson. Incumbent's commission expires serve, from November 4, 1926. May 12, 1926. POSTMASTERS ILLINOIS ALABAMA George lD. Stauffer, jr., to be postmaster at Baylis, Ill., in John S. Amos to be postmaster at Enterprise, .Ala., in place place of G. E. Stauffer, jr. Incumbent's commission expired of J. S. Amos. Incumbent's commission expired May 4, 1926. March 21, 1926. John E. Hurst to be postmaster at Leeds, Ala., -in place of Lillie M. Diver to be postmaster at Dallas City, Ill., in place J. E. · Hurst. Incumbent's commission expired February 24, of L. :M. Diver. Incumbent's commission expires May 8, 1926. 1926. Arthur L. Patterson to be postmaster at Grayville, ill., in ARIZONA place of A. L. Patterson. Incumbent's commission expires May 12, 1926. John Murray to be postmaster at Snow:fiake, Ariz., in place of Lawrence F. Hake to be postmaster at Hoyleton, TIL, in plnce John Murray. Incumbent's commission ·expired November 18, of L. F. Hake. Incumbents commission expired May 3, 1926. 1925. George A. Field to be postmaster at Mackinaw, Ill., in place ARKANSAS of J. M. Duncan. Incumbent's commission expires May 15, 1926. Carl G. Nielsen to be postmaster at Dermott, Ark., in place of Nellie Mitchel to be postmaster at Mansfield, Ill., in place of 0. G. Nielsen. Incumbent's commission expired May 5, 1926. Nellie Mitchel. Incumbent's commission expires .May 8, 1926. Juanita Barton to be postmaster at Turrell, Ark., in place of James M. Carey to be postmaster at Maywood, Ill., in place R. W. Barton, jr., resigned. of J. M. Carey. Incumbent's commission expires May 8, 1926. CALIFORNIA. Harold H. Hitzeman to be postmaster at Palatine, Ill., in Alice E. Schieck to be postmaster at Eldridge, Calif., in place . place of H. H. Hitzeman. Incumbent's commission expires of A. E. Schieck. Incumbent's commission expired February 10, May 8, 1926. 1926. John L. Thomas to be postmaster at Pleasant Hill, Ill., in William F. Hanell to be postmaster at Patterson, Calif., in place of J. L. Thomas. Incumbent's commission expired March place of W. F. Hanell. Incumbent's commission expires May 1, 1926. 12, 1926. William A. Kelly to be postmaster at West Frankfort, Ill., in Harold J. McCurry to be postmaster at Sacramento, Calif., place of W. A. .Kelly. Incumbent's commission expired Febru­ in place of H. J. McCurry. Incumbent's commission expired ary 24, 1926. November 23, 1925. Harker Miley to be postmaster at Harrisburg, ill., in place of Harker Miley. Incumbent's commission expires May 11, COLORADO 1926. Roswell H. Bancroft to be postmaster at Palisade, Colo., in IOWA place of R. H. Bancroft. Incumbent's commission expires May 8, 1926. Adna Aiiller to be postmaster at Danville, Iowa., in place of CONNECTICUT Adna Miller. Incumbent's commission expires May 10, 1926. Matthew E. McDonald to be postmaster at Simsbury, Conn., LOUISIANA in place of M. :m. McDonald. Incumbent's commission expired Maggie E. Jones to be postmaster at Ringgold, La., in place August 24, 1925. of M. E. Jones. Incumbent's commission expires May 12, 1926. 8976 CONGRESSIONAL RECORD-SENATE MAY 8

MASSACHUSETTS OHIO Myrtice S. King to be postmaster at Upton, Mass., in place William E. Davidson to be postmaster at Kensington, Ohio, of l\1. S. King. Incumbent's commission expires May 11, 1926. in place of W. Ill Davidson. Incumbent's commission expii·es MICHIGAN May 9, 1926. Otto L. Wickersham to be postmaster at Onaway, Mich., in Harry W. Randels to be postmaster at West Unity, Ohio, in place of 0. L. Wickersham. Incumbent's commission expired place of H. W. Randels. Incumbent's commission expires May l\larch 21, 1926. 10, 1926. OKLAHOMA MISSISSIPPI George H. Flowers to be postmaster at Kilmichael, Miss., in Lester A. Presson to be postmaster at Sulphur, Okla., in place place of G. H. Flowers. Incumbent's commission expires May of L. A. Presson. Incumbent' commission expires May 9, 1926. 11, 1926. Joe E. Ventress to be postmaster at Pauls Valley, Okla., in Sidney l\1. Jordan to be po$tmaster at Louisville, Miss., in place of J. l\1. Dorchester, removed. place of S .. l\1. Jordan. Incumbent's commission expired April PEJ.~NS~VANlA 20, 1026. Christian D. Doerr to be postmaster at Colver, Pa., in place Halbert l\I. Burch to be postmaster at State Li.ne, Miss., in of C. D. Doerr. Incumbent1s commission expired March 27, place of H. l\1. Burch. Incumbent's commission expired March 1926. 8, 1926. George W. Brelsford to be po tmaster at South Langhorne, MISSOURI Pa., in place of G. W. Brelsford. Incumbent's commission ex- Frank R. Evans to be postmaster at Armstrong, l\lo., in place pires l\Iay 10, 1926. • of F. R. Evans. Incumbent's commission expires May 10, 1926. Bertha G. Thomas to be postmaster at Port Kennedy, Pa. James L. Creason to be postmaster at Camden, l\Io., in place Office became presidential January 1, 1925. of J. L. Creason. Incumbent's commission expired March 18, SOUTH CAROL INA 1926. Walter E. Pe·arson to be postmaster at Clarksdale, 1\lo., In Harry A. Rich to be postmaster at Blackville, S. C., in place of W. E. Pearson. Incumbent's commi sion expired May place of H. A. Rich. Incumbent's commission expires May 8, 4, 1926. 1926. Yictor N. Remley to be postmaster ~t Orrick, 1\lo., in place of Hobson B. Taylor to be po tmaster at Ker ~ haw, S. C., in V. N. Remley. Incumbent's commission expired March 9, 1926. place of E. V. Truesdale. Incumbent's commission expired NEBRASKA March 27, 1926. John S. Meggs to be postmaster at Marion, S. C., in place Oscar L. Lindgren to be postmaster at Bladen, Nebr., in place of J. S. Meggs. Incumbent's commission expires l\lay 8, 1926. 0. 11, of L. Lindgren. Incumbent's commission expires ::\1ay Pierce l\1. Huff to be postmaster at Piedmont, S. C., in phl.ce 1926. of P. 1\f. Huff. Incumbent's commission expires l\lay 9, 1926. Earl C. Rickel to be postmaster at Edgar, Nebr., in place of­ May A. Peake to be postmaster at Union, S. C., in place E. C. Rickel. Incumbent's commission expires May 11, 1926. of l\1. A. Peake. Incumbent's commission expires May 8, 1926. NEW JERSEY Clifton 0. Crosby to be postmaster at Walterboro, S. C., in Harry l\f. Riddle to be postmaster at Asbury, N. J., in place of C. 0. Crosby. Incumbent's commLsion expires .May place of H. l\1. Riddle. Incumbent's commission expires l\lay 9, 1926. 11, 1926. SOUTH DAKOTA Jo eph G. Endres to be postmaster at Seaside Heights, N. J., Jessie Norton to be postmaster at Armour, S. Dak., in place in place of J. G. Endres. Incumbent's commission expires of Jessie Norton. Incumbent's commission expires May 10, l\lay 11, 1926. . 1926. NEW YORK Harold French to be postmaster at Letcher, S. Dak., in William E. Cartwright to be postmaster at Amagansett, N.Y., place of Harold French. Incumbent's commission expires May in place of W. E. Cartwright. Incumbent's commission expired 10, 1926. April 11, 1926. TENNESSEE William l\l. Pinney to ue postmaster at Arcade, N. Y., in Fannie J. Latta to be postmaster at Somerville, Tenn., in place of W. l\1. Pinney. Incumbent's commission expired Jan­ place of F. J. Latta. Incumbent's commission expired February uary 17, 1926. 28, 1926. Clarence A. E. Churchill to be postmaster at Ellicottville, TEXAS N. Y., in place of C. A. E. Churchill. Incumbent's commission expires May 11, 1926. Ferman Wardell to be postmaster at Avery, Tex., in place of Annabel Wood to be postmaster at Hilton, N. Y., in place Ferman Wardell. Incumbent's commission expired March 23, of Annabel Wood. Incumbent's commission expires l\Iay 12, 1926. 1926. Hubert L. Ford to be postmaster at Bellevue; Tex., in place vf Warren S. Hutchison to be postmaster at Lyndonville, N. Y., H. L. Ford. Incumbent's commission expires May 12, 1926. in place of W. S. Hutchison. Incumbent's commission expired Wyatt 0. Selkirk to be postmaster at Bles ing, Tex., in place March 23, 1926. of W. 0. Selkirk. Incumbent's commission expired April 25, H. Courtland King to be postmaster at Orient, N. Y., in 1926. place of P. C. Way. Incumbent's commission expired Septem­ Bertie Freeman to be postmaster at Detroit, Tex., in place of ber 30, 1925. Bertie Freeman. Incumbent's commission expired March 23, Annie S. Prince to be postmaster at Peconic, N. Y., in place 1926. of A. S. Prince. Incumbent's commission expired October 26, William W. Sloan to be postmaster at Falfurrias, Tex., in 1925. place of W. W. Sloan. Incumbent's commission expires May Anna M. Auch Moedy to be postmaster at Rosendale, N, Y., 12, 1926. in place of A. l\1. Auch Moedy. Incumbent's commission expires Nora H. Kelly to be postmaster at Lockhart, Tex., in place of May 12, 1926. N. H. Kelly. Incumbent's commission expires May 8, 1926. Theodore C. Upton to be postmaster at Spencerport, N. Y., Thomas A. Guthrie to be postmaster at Mingus, Tex., in place in place of N. C. Stevens, resigned. of T. A. Guthrie. Incumbent's commission expired April 10, 1926. NORTH CAR OLINA Walter C. Vickers to be postmaster at Omaha, Tex., in place George W. Lance to be postmaster at Fletcher, N. C., 1n place of W. C. Vickers. Incumb~nt's commission expires May 12, of G. '\"V. Lance. Incumbent's commission expired January 18, 1926. 1926. Zettle Kelley to be postmaster at Diboll, Tex., in place of Willie W. Seawell to be postmaster at l!"'uquay Springs, N. C., Frank Farrington, deceased. in place of W. W. Seawell. Incumbent's commission expired UTAH May· 5, 1926. _ Wiley C. Ellis to be postmaster at Garysbwrg, N. C., in place George A. Murphy to be postmaster at Spring Canyon, Utah. of W. C. Ellis. Incumbent's commission expired March 8, in place of G. A. Murphy. Incumbent's commi sion expires 1926. May 10, 1926. NORTH DAKOTA VIRGINIA Grace G. Berkness to be postmaster at Wolford, N. Dak., in William D. Austin to be postmaster at Buena Vista, V"a., place of G. G. Berk.ness. Incumbent's com~ission expires May in place of W. D. Austin. Incumbent's commission expires 10, 1926. May 12, 1926. - ·.

1926 CONGRESSIONAL RECORD-HOUSE 8977

W. Ingles Harnsberger to be postmaster at Grottoes, ·va., HOUSE OF REPRESENTATIVES • t. in place of W. I. Harnsberger. Incumbent's commission ex­ pires May 11, 1926. SA:TURDAY, May 8, 1~6 William G. O'Brien to be postmaster at Tazewell, Va., in The House met at 12 o'clock noon, and was called to order by place of W. G. O'Brien. Incumbent's commission expires May the Speaker. 11, 1926. The Chaplain, Rev. James Shera Montgomery, D. D., offered W ABHINGTON the following prayer : Frank G. Sanford to be postmaster at Bucoda, Wash., in place of F. G. Sanfordr Incumbent's commission expires May Almighty God_, our heavenly Father, as Thou art not among 12, 1926. us in physical form, we thank Thee that Thou art blessing the Elva N. Hamilton to be postmaster at Mansfield, Wash., in world with mothers. Yes; we praise Thee for the most en· place of El N. Hamilton. Incumbent's commission expires May dearing of all names--the name of mother. To-morrow in 12, 1926. . - . memory of her will be worn on the breast of our counh·y the sweetest flowers that e-ver reflected heaven's glory. 0 tbe WEST VIRGINIA depths of her devotion and sanctity, as she bore unspeakable Alexander S. Benton to be postmaster at Monaville, W. Va., pain that we might live. From he-r we drew our first breath; in place of W. G. Whitman, resigned. in her arms we felt the first touch of love ; on her breast we Delta D. Buck to be postmaster at Sistersville, W. Va., in were cradled ; through the days of our helplessness her feet place of F. L. Buck, resigned. were never too tired to follow our faltering footsteps ; her WISCONSIN knee was our first altar, and there she taught us our first prayer. 0 God, again we thank Thee for our mothers. While Paul W. Schuette to be postmaster at Ableman, Wis., in we revere and love their memory the genius of our institutions place of P .. W. Schuette. Incumbent's commission expired is safe. 0 Lord, may we never fail here. We tarry ; many April 29, 1926. have taken their farewell of earth; we would penetrate the Reginald E. Caves to be postmaster at Dalton, Wis., in place veil, but Thy will be done. They are waiting at the gates of R. E. Caves. Incumbent's commission expired April 28, eternal, beckoning us to rest by their sides. Harvest home l 1926. Harvest home! Through Jesus Christ our Lord. Amen. Wallace M. Comstock to be postmaster at Oconto, Wis., in place of · W. M. Comstock. Incumbent's commission expired The Journal of the proceedings of -:yesterday was read and January 30, 1926. approved. .ARTICLE BY CH.ARLES D. CARTE:R.

CO~TFIRMATIONS Mr. HASTINGS. Mr. Speaker, I ask unanimous consent tQ extend my remarks in the RECORD by printing an article con­ Ea:ecuUve M1'tl inat-ions cottfinnea by the Senate Ma'Jf 8 tributed by my colleague from Oklahoma [Mr. CARTER] on the (legislative d