1925 CONGRESSIONAL RECORD-SEN ATE 215 of the War Department, with the rank of majo1· general from George King Oddie Shortridge Gerry Ladd Overman Simmons June 29, 1925, for a period of four years from date of accept Gillett McKellar Pepper Smitb. ance, vice 1\Iaj. Gen. George C. Rickards, Chief of the Militia Glass McKinley Pine Spencer Bureau, whose term of office expires June 28, 1925, Goff McLean Pittman Stanfield Gooding Mc~faster Ralston Swanson POSTMASTERS Hale McNary Ransdell Trammell Harreld Mayfield Heed, 1\lo. T:v::~on ALABAMA Harris Means need, Pa. Wadc;worth Harrison Metcalf Robinson Walsh Charlie D. Price to be postmaster at Castleberry, Ala., in Heflin Mosl's Sackett Watson place of A. B. Kennedy, removed. Johnson :r\el'ly Schall Weller Jones, Wash. Norbeck Sheppard WbeelPr C.ALIFO R NL.\. Keres Norris Ship tead Willis John 1\f. Francisco to be postmaster at Los Altos, Calif., The VICE PRESIDE~"T. Eighty-four Senators having an- in place of Orynthia Copeland, re"igned. swered to their names, a quorum is present. George P. Lovejoy to be postmaster at Petaluma, Calif., in place of E. E. Drees. Incumbent's commission expired Septem· COMMISSIOS OF GOLD .AXD SILVER Il'iQUIRY ber 5, 1922. · Mr. ODDIE. Mr. President, I move, as in legislative session, GEORGIA that the Committee to Audit and Control the Contingent Ex Louis A. Mauldin to be postmaster at Clarkesville, Ga., in penses of the Senate be discharged from the further considera place of F. L. Asbury. Incumbent's commission expired July tion of the resolution ( S. Res. 16) providing for a continuation 28, 1923. of the Gold and Silver Inquiry Commission. · William G. Smith to be postma ter at Loganville, Ga., in 1\Ir. NORRIS. 1\ir. President, under the rule, as I under place of T. W. Allgood. Incumbent's commission expired July stand it, the motion will lie over one day. 28, 1923. Mr. ODDIE. It is my intention that it shall lie over a day. The VICE PRESIDENT. The Senator from Nevada enters KORTH C~ROLIX A his motion, and it will lie over one day. Felix ~I. McKay to be po .. tmaster at Duke, N. C., in place of Mr. KING. l\lr. President, a parliamentary inquiry. 0. R. Simpson, resigned. The \ICE PRESIDE.i. 1T. The Senator from Utah will state All1ert P. Clayton to be postma ter at Roxboro, N. C., in the inquiry. place of II. J. Whitt, deceased. Mr. KIKG. The senior Senator from Utah fMr. SMOOT] is Ollie C. :McGuire to be postmaster at Zebulon. N. C., in place ab"ent from the Chamber thi · morning. He is ill to-day. He of L. L. 1\Ias ·ey. Incuml.Jent's commis ion expired September heretofore has oppo ed the movement which is being initiated 5, 1922. by the Senator from Nevada. The parliamentary inquiry is, PESl'\Srr.v.A:-.--u. By what right doe the Senator from Kevada, when the Senate Seeley F. Campman to be postmaster at \Ye t 1\Iiddlese:x:, Pa., i now in open executive se ·sion, submit his motion which re- in plac-e of II. V. Gib ·on, removed. . late· to legislative matters? TEXAS The ~r iCE PRESIDENT. If any Senator objects, the motion ,.. . l·ls not m order. Bena, B. Ulack to be po~tma .. ter at Peacock, Tex., m place of Mr. KING. I object. B. B. Clack. Office became third clas" October 1, 192-:1:. The \ICE PRESIDEXT. Objection is made. WEST VInGI~IA MESSA'GE FROM THE PRESIDEXT Howard E. Tattt•rson to be postmaster at Sandyville, W. Ya., A message in WI'iting from the President of the United States in place of C. E. Baker. Oftice became third class July 1, 192-:1:. was communicated to the Senate by 1\Ir. Latta, one of his setre tarie.. COXFIHMATIOXS ADDITIOX.AL ASSESSMEXT OF IXCOUE TAXES Executive nominations conflnnecl by the Senate March 13 (leg 1\Ir. ERNST. 1\Ir. Pre ident, I am a member of the commit islative day of March 10), 1925 tee known as the Couzens committee, which has been investi PROMOTIO~ AXD APPOINTMK.\T Il'i 'fHE XAVY gating the Internal Revenue Bureau. Cpon ::\londay, the 9th day of 1\larch, the chairman of this committee, l\Ir. Couz~s, CliiEF OF TilE BUREAU OF AERONAUTICS made a statement to the Senate, a part of which is as follows: Rear Admiral V\'illiam A. Moffett to be Chief of the Bm·eau of Mr. President, I ju t want to point out to the Senators that aU Aeronauth:s in the Department of the Kavy, with the rank of party discipline is not administered in the Senate. Party discipllne rear admiral, for a term of four rears. is administered throughout the States and party discipline is adminis NAVAL RESERVE FORCE tered in the departments of the Government here. I just want to George A. Berry, ex-lieutenant commander, United States read into the RECORD some discipline that is proposed to be adminis Naval Reserve Force, to be .a lieutenant commander,. United tered to the senior Senator from Michigan [:\Ir. CO('ZEXS] because he States Naval Reserve Force, from the 2Dth day of January, 1925. has not been regulm· and because he has persisted in endeavoring to eliminate rottenness in Government department , no matter under what administration it may occur. SENATE Senator CouZExs then read a letter from 1\Ir. D. H. Blair, Commissioner of Internal Revenue, inclosing a copy of a memo S.aTLRDA.Y M w·cl~ 14, 1925 randum which, as stated therein, had been received in the (Legislative rlay of Tuesday, Ma·rch 10, 1925) Treasury Department in connection with the 1919 income taxes of Senator CouzENs. The letter stated that the memo The Senate met at 11 o'clock a. m. in open executive session, randum made out a prima facie case of too low a valuation. on the expiration of the recess. having been placed upon the stock of the Ford Motor Co. REPORT OF THE NEAR EAST BELIEF owned l.Jy the Senator as of 1\Iarch 1, 1913. The letter further The YICE PRESIDENT. The Chair lays before the Senate stated that being thus put upon notice it became nece. sary for a communication from the general secretary of tbe Near East the bureau to take action to establish the correct value; Relief, transmitting: pursuant to law, a report of that corpora further, that inasmuch as the statute of limitations would run tion for the year ended December 31, 1924, which, with the ac on March 13, 1925, less than a week from the date of the companying report, will be referred to the Committee on For letter, March 7, the bureau would not have time to investi eign -Relations. gate as to the· correctness of the memorandum. There CALL OF THE BOLL fore, in order that the Senator might have an opportunity Mr. CURTIS. Mr. President, I suggest the absence of a of presenting evidence to justify his valuation, Commissioner quon1m. Blair suggested that the Senator sign a waiver of the· statute, upon receipt of which he would be given ample opportunity to The 'ICE PRESIDENT. The Clerk will call the roll. The legislative clerk called the roll, and the following Sen present his case. In the event, however, that the waiver was not received, it would be necessary, in order to protect the ators answered to their names: United States, to assess an additional tax against the Senator Ashurst Broussnrd Couzens Edwards Bayard Bruce Cummins Ernst based upon the information available to the bureau. Bingham Butl('r Curtis Fernald In other words, a memorandum was received from some one Bll'ase Cam£'wn Dale F£'rris outside the bureau making a charge of such serious character Borah Capper Deneen F£'SS Bratton Caraway Dill Fl£'tcher and involving such a large amotmt that the Government could Brookhart .Copeland duPont Frazier ~ot afford to ignore it. The bureau thereupon, because only a 216 CONGRESSIONAL RECORD-8ENATE MARon 14 few days would elap. e before the statute of limitations would that he is being persecuted because he is making this investiga run against any action by tlie Government, gave the Senator tion of the Internal Revenue Bureau. The very reverse is an opportunity to sign· a waiver in order that the Senator true. might be given full opportunity to present his case before the If ever a department was misrepresented, if ever an effort was Government took any action or made any asse sment. Had made to besmirch the head of a department, that effort has this waiver been executed no a sessment would have been been and i ~ being maue by the Senator from Michigan. made, and if, upon inve·tigation, the Goyernment had ascer The time has come when the Senate and the country should be tained that the information it had received was not correct, given the facts. no other steps would have been taken. This proceeding by When the question was under consideration as to whether th~ the bureau has been followed in thousands of cases and works work of this inye~tigating committee should be extended beyond no hardship wtiatever against the taxpayer. On the contrary, the last Congress, I was opposed to it and had expected to state it i a clh•tinct help both to the taxpayer and to the Govern my reasons therefor to the Senate. I wanted the Senate to ment. It giT"es the Government time to investigate and the understand the real animus back of the inYestigation as con taxpayer time to properly pre ent his case. ducted by Mr. CouzENs. In new, however, of certain state There wa nothing either unfair or unusual in the action ments made by Mr. CouZENS and the attorney for the commit of the bureau. Had it acted -otherwiRe, it would have been tee, that the investigation could be fully and finally concluded grmt ly in fault. It could not a.fford to pa lightly over info.r and the agents of the committee taken from the Trea ury De ruation which upon its face seemed trustworthy, where a fail partment within the next two or three months, I offered no I ure to act might deprive the Government of some $10,000,000. objection to the continuance of the committee. The 'enator from Michigan, in his statement to the Senate, I do not now speak for the purpose of offering any objection pointed out that thi. happened right upon the heels of some to this committee's continuing its work as authorized in the di closure which came out as a re ult of a report made by resolution recently adopted ; I speak, however, for the purpose the special committee of the Senate, and that thi action is of presenting certain facts which will, in my judgment, enable the "propo ed a es.., ment for Republican irregularity. It is the Senators to understand, at least to some extent, the animus more expensiT"e than demotion on a committee. The Tr~a~ury, back of this investigation. becau.se of my irregularity, proposes to charge me additional The charges and insinuations made by Senator CouZENS taxes amounting in the aggregate to between 10,000,000 and against the Bureau of Internal ReYenue, and especially against .;·11.000.000." its head, Mr. Andrew Mellon, the Secretary of the Treasury, The Senator then adds that because he "ha the temerity are wholly without foundation and their ruulency deseryes a to dare criticize a Republican admini tration, or a Republican tinging rebuke. The fact"' as disclosed in the hearings and Cabinet officer, they propo"e immediately when thing ~o~ contained in the printed record of the hearings filed with the mence to get warm to penalize the Senator, because It 1s Senate, together with certain other facts which are a matter of ea ier to get at him and because he, perhap , is the prime common knowledge, will enable any fair and impartial person mover to the extent of between $10,000,000 and 11,000,000." to determine who is the persecutor and who the persecuted. Upo;1 yesterday the Senator from Michigan made another The 1\lerilhers of this body will clearly remember that a con ~tn.tement to the Senate in reference to this same matter. The troyersy by correspondence started on December 20, 1023, be first thing he does in that . tatement is to confess that the tween Senator CouzENS and Secretary 1\Iellon. This contro charge which he had made with uch a surance namely, that T"er. y, whieh wa · at the time given wide publicity, arose over a this memorandum, upon which the as essment wa." made, had question of governmental fi cal policy, namely, the continuance been drafted in the Bureau of Internal Revenue, was not of the existing high surtax rate . It was a question simply of correct; that he had since learned that the bureau cUd not economics,· und there was no reason whatever for the conh·o make thi computation, but it was made by a firm of tax Yer!:'y descending to personalities. When, however, the argu experts or lawyers of New York City. He then aid that thi' ment of Senator CouzExs were completely refuted by the Sec information had been in the hands of the department for over retary of the Treasury, the Senator became extremely bitter, two years. and his last letters contained principally personal attacks upo~ I endeavored to get in touch with Secretary l\lellon and the Secretary. I quote from his letter of February 26, 1924: found that he wa out of the city. This morning I receivetl I am sorry you decline to tell the public what yo11r total taxes are. from him the following telegram : Of course, I al o was not intere ted personally in your ca e, but wanted NEW YORK, N. Y., March 14, 1925-i a. tn. to cite it as an example to show just how little taxes are paid to the Government by those who are subject to the highest surtax rates. enator RICIUBD ER~ST, United States Senate, Washington, D. 0.: In this connection it is interesting to note that the list of in I understand that you wish to learn from me when first there was come tax paid by taxpayers, and which was recently publi. hed, brought to my attention the question of an additional tax being due shows that, while Secretary Mellon paid an income tax for from Senator CouzENS on his 1919 taxe . While Finance Committee was 1923 of $1,173,987.85, Senator CouZENS, a man whose reputed considering extension of life of CouzENS's committee in Jl'ebruacy, this wealth is in excess of $30,000,000, succeeded, through inT"e. t year, the person who later furili bed the memorandum which Mr. ments in tax-exempt securities, in reducing his tax to the small Blair sent Senator CotzE~s called on me and stated that the minority amount of 5,676. ·tockholders, including Senator COUZENS who sold out to :Mr. Ford in Mr. KING. Mr. Pre ident, will the Senator from Kentucky 1919, owed large additional taxes. The information was entirely new yield for a que tion? to me. I was unwilling· to raise the question then, becau e I would be :\Ir. ERNST. I yield. charged with attempting· to intimidate enator CouzExs in his effort Mr. KING. Doe tll.e Senator think that he is within the to have his committee extended. On March 6, of this year, I received limits of the statute re peeling the publicity of the income-tax a memorandum giving detailed information with re pect to the valua return in making known upon the floor of the Senate the tion of Ford stock. a copy of which was delivered to Senator CouzE~s income taxes heretofore paid by one of his colleague ? the next day by .llr. Blair. :Ur. ERNST. I will answer that in two ways: First, it is a A. W. :llELLO::s-. matter of common knowledge· it has been publi. hed in every I repeat and emphasize the statement that it would have been new. paper throughout the United States. I am saying noth a gro and unpardonable neglect of duty, if the Secretary, with ing to the Senate which it does not already know. Second. the :-;uch information before him as contained in the memorandum, chairman of our committee ha. eemed to disreo-ard whatever had refused to take ihe tep nece sary to protect the Govern rule or law there may be upon that ~ubject. I have no ques ment. tion, therefore, of tile right to mention the matter here. The Senator from Michigan, in this last tl:\tement, also add., l\Ir. KING. My sugge tion to the Senator i that we do not that- all know it; but if it be a fact, a he states, that everybody know , what is the use of consuming the time of tll.e Senate to It must be apparent to the :llembers of this body what the T<'a1 state it? purpose is back of tbe a sessment. I am asking for no )'ropathy. I am Mr. ERNST. I could not he,ar the statement of the Senator imply drawing these matters to the attention of the Senate, so that from Utah, but I imagine that what the ~enator said was all Senator may un.derstand t~e price. they pe~haps may have to pa~ i~ I right. they attempt to mterfere w1th or t11scredit m any way the couduc~ of Tbe Senator from :Ulichigan flhoulU be the last man, unuer the Trea ury Department. I :mch ciJ.·cum8tance ·. to atta('k tile :et:retary of the Trea ·ury. There is not one fact brought out during the heai·ing , nor The latter has f::et him a .'lJlE>nillu examvle. is there any foundation whatever to jwtify the- several state- Some time iliereafter the , 'enator from Michigan introuuced ruents of the Senator which I nave heretofoi·e quoted. He is l his resolution 1•roviding for a committee to inve:stigate the endeavoring to po e as a martyr. He would have us believe Bureau of Internal Revenue. . 1925 CONGRESSIONAL RECORD-SENATE 217
Not a little light is thrown upon the animus of this investi· 1 The Tialtimore Car & Foundry Co,t gation by a statement which Senator CouZENS made April 9 at The Verona Steel Castings Co. a meeting of this investigation committee. I quote: The Forged Steel Wheel Co. The Steel Car Forge Co. The correspondence I had with the Secretary [:1\Ir. Mellon] devel The Butler Bolt & Rivet Co. oped so many misstatements, so many misleading conclusions, that I The Butler Carwheel Co. think we ought to go into the Internal Revenue Bureau to see whether The Lynd.ora Land & Improvement Co. or not these estimates and the arguments advanced by the Secretary The Mellon National Bank. were correct. The Union Trust Co. I shall now refer to the records of the hearings of Senator The Union Savings Bank. CouzENs's committee for the purpose of showing that there Aluminum Co. of America. was not one minute of time during the investigation that Aluminum Cooking Utensil Co. he forgot his personal feeling against the Secretary; that from Aluminum Die Casting Corporation. first to last he has been hunting, not for facts which would The Aluminum Ore Co. enable him to sugge$ constructi-ve legislation but to ascertain The Aluminum Seal Co. something which would be harmful, first, to Secretary l\1ellon The Electric Carbon Co. personally, and second to the Bureau of Internal Revenue. The Knoxville Power Co. Let me say at the outset, 1\fr. President, that during all the The St. Lawrence River Power Co. months of this investigation, conducted at the pleasure of the The St. Lawrence Securities Co. chairman and assisted by attorneys, engineers, and many The Tallahassee Power Co. others employed by Senator CouzENS at an expenditure of In all, 34 companies. many thousands of dollars, it has not brought out a si,ngle Mr. NORRIS. Mr. President, may I ask the Senator a ques fact which would reflect upon the character and integrity of tion? either the Secretary of the Treasury or of any of the heads Mr. ERNST. Pardon me one moment. of the bureaus under the Secretary. If there is one fact which In addition to the foregoing 34 cases, the entire file of which has been demonstrated beyond the peradventure of a doubt, it was called for by Senator CouzENS, the following so-called is that the affairs of the department have been conducted with 1\Iellon companies had been mentioned and discussed at the signal ability and the highest integrity. committee sessions: The Senator from Indiana [1\Ir. W ATSOX] was originally chairman of the committee, but because of the disinclination McCiintic-~iarshall Co. to participate in the muckraking activities of the committee Union Shipbuilding Co. Carborundum Co. he resigned in favor of Senator CouzE~s, who has since been in complete control of the actions of the committee. Its first The Pittsburgh Plate Glass Co. meeting was on March 14, 1924. Mr. NORRIS. Now may I interrupt the Senator? It secured for its counsel Dr. T. S. Adams, of Yale Uni l\ir. ERNST. One moment; I will give the Senator an oppor- versitv. Doctor Adams is one of the staunchest friends of the tlmity. ' incom~ tax in this country and for many years has been an Is it possible that the selection of all of these so-called a<;tive outstanding figure in any consh·uctive movement for Mellon companies was a coincidence? There were compara- . its improvement. Hoping that something constructive might tively few cases in all considered by the committee, and of develop from the committee, he agreed to sene and assist. these 38 are Mellon companies; and yet I have no doubt that It did not take Doctor Adams long to ascertain that the real Senator Co-uzE~s will stoutly affirm that his investigation is purpose of Senator CouzEXS was not constructive legislation, made solely for constructive purposes and actuated by no but a pursuit of and an attack upon the Secretary of the personal malice toward Secretary Mellon. Doubtless Senator Treasury and the Bureau of Internal Revenue, and he refused, CouzENS was of the opinion that information for constructive for reasons set out in his letter of resignation, which I will purposes could better be obtained from the Mellon companies hereafter read, to continue his association with the committee. rather than from the many thousands of other companies A number of meetings were held by the committee to dis throughout the United States. cuss matters of procedure and similar questions. The first real I now yield to the Senator from Nebraska. meeting of the committee was held March 19, 1924. The Mr. NORRIS. I think the Senator has answered my ques Senator from Michigan. was so eager to develop something tion. I wanted to be sure whether all these companies are which he thought might prove prejudicial to the Secretary of Mellon companies. the Treasury that the first case which was taken up by the 1\fr. ERNST. '1'hey are. committee was that of the Gulf Oil Corporation, a so-called Mr. NORRIS. To what extent? Will the Senator tell us? Mellon company. At the very beginning of this investigation, Mr. ERNST. I do not know. He was interested as a stock- therefore, he evidenced his personal animosity to Secretary holder or otherwise. Mellon. Mr. KORRIS. He is interested in all of these corporations- Some one might say that this selection of a Mellon company 38 all together? - was simply a coincidence. That this was not a coincidence is Mr. ERNST. Thirty-eight. made clear beyond the possibility of a doubt by consideration Th~ e.x_pense of the investigation of the Mellon companies, of the following: The committee continued its meetings until runnmg rnto many thousands of dollars, the taxpayers will April 9, 1924, at which time it adjourned until September 18, defray, and simply in order that the Senator from Michigan 1924. From the latter date it has been in continuous session may satisfy his grudge against the Secretary of the Treasury. until the present time. During this period the subject most Further evidence should not be needed to show Senator often referred to was the " Mellon companies." CouzENs's purpose in this investigation. I desire, however, That the Members of the Senate may clearly understand the to read the statements made from time to time by Senator situation, I deem it important to set out a list of the so-called CouzENS at the committee hearings. They demonstrate be Mellon companie , which have been demanded by the chair yond peradventure his purpose and what was constantly up man of the •committee from the Bureau of Internal Revenue. permost in his mind. When any company was mentioned his This committee has called for the complete file in the follow first thought seemed to be "Is it a Mellon company?" If so, ing so-called " Mellon companies " : he wanted it carefully investigated. I will quote a few of these remarks, that the Senators may judge for themselves The Gulf Oil Corporation. as to their purpose and intent. The Gulf Refining Co. At the very first meeting of the committee, on March 14, and The Gulf Production Co. before any specific cases were under consideration, Senator The Gulf Pipeline Co. CouzENS asked the Commissioner of Internal Revenue, ML The Gulf Refining Co. of ·Louisiana. D. H. Blair, the following question : The Gypsy Oil Co. The Gulf Pipeline Co. of Oklahoma. Senator CouzE~s. I say-before another committee of the Senate The Mexican Gulf Dil Co. to-day a witness testified, who was formerly with the Department of The South American Gulf Oil Co. Justice, that former President Harding had instl'Ucted the department The Panama Gulf Oil Co. to make an investigation of Mr. Mellon's relations with the liquor ware The Gulf Cooperage Co. houses, etc., and particularly in the New York district, if I am cor The Gulf Commissary Co. rectly informed. Do you know of any investigation that was made in The Standard Steel Car Co. the Prohibition Bureau by the Department of Justice in that connection? The Middleton Car Co. Commissioner Blair knew of no such in1estigation. 218 CONGRESSIONAL R.ECORD-SENATE ~URCIT 14
On :March 31 Mr. Adams, a disgruntled former employee of his head and tall in the air, to find out wha.t it was about Mellon. the income-tax department, was testifying, when the following He wanted the books brought in and be wanted everybody here that con-versation occmTed : knew anything about it. Now, I am one of tho e who believe that Mr. Mellon is honorable, ~Ir. ADAMS. I would suggest that comparative statement be made of a is capable, is efficient, and I d~ not think simply because he spanked the allowances made to the Standard Steel Car Co., the Aluminum Co. our good friend in an ar~nt o¥e.r taxes be ought to be pursued. of America-- Senator Cot'ZE~S. They are both Mellon companies, are they not? Senator COUZE 1~ s states that he does not ask it, but he is certainly deserving of sympathy. For many month he has On March 24 Senator CouzE~s said: been prying into the tax cases of Mr. Mellon's companies. It One of the witnesses testifying Friday-! think It was Mr. Adams should be noted that during this time Mr. Mellon actively referred to a letter he had see'n concerning the Standard Steel Car Co., assisted Senator CouzENS, even to the point of having those one of Mr. Mellon's concerns. The pos~e sor of these papers was a COIJ!panies in which he had an inteTest waive their statutory Mr. Cully, and he was subpamaed to come here and testify. right to privacy of their returns. Notwithstanding this labor and effort Senator Co-czENS has discovered no fraud, no cor On the same day-March 24-Senator CouzENS a ked Mr. ruption, no irregular treatment or favortt:ism of these com Hartson, Solicitor of Internal Revenue, if it would be agreeable panie or any others. He has actually found, as heretofore to the Secretary of the Treasury, Mr. Mellon, to submit to the stated, that in one in tance one of Mr. Mellon's companies committee all the cases in connection with which the Secretary's ga\e up substantial claims against the Government solely for name was mentioned. the purpo e of closing its case prior to Mr. Mellon's taking On the same day Senator CouZEKS made the following request the office of Secretary of the Treasury. of Mr. Hartson: After several months of investigation it was thought the Senat
I have been rather intimately familiar with its (the bureau's) tax Mr. GLASS. 1\Ir. President, will the Senator permit me to 1';mctions since th<> ummer of 1917. I know that the personnel of interrupt him right there? the bureau bas been singularly clean;. that its responsible officials The VICE PRESIDEKT. Does the Senator from Kentucky have been, with few exceptions, serious and intelligent; that its leaders yield to the Senator from Virginia? baYe fought with vigor and success the interjection of politics and politicians of undesirable type. The bureau deserves the respect and Mr. ERNST. I yield. 1\lr. GLASS. There was so much confusion a while ago that gratitude of the American people. * * • The bureau does not 1 deserve and can not bear without demoralization much more buffet I am not sure whether the Senator is now simply quoting from ing. The brief inYestlga tion already made bas practically stopped the memorandum which was sent to Senator CouzENs or some of its most important activities. Decisions and settlements which whether the Senator is making himself responsible for the should be made, either to collect needed revenue for the Government statements which he is now making. or to relieve harassed taxpayers from further apprehensions, are being Mr. ERNST. 'J.'he statement I am now making is the deduc held up. Throughout many sections of the bureau the attitude toward tion I made from the facts as set forth in the memorandum. the taxpayer has become strained and unnatural. Officials of the timid Mr. GLASS. Would it not have been better for the Senator · type are evading re ponsibility. Others have stiffened their attitude to have said " the alleged facts "? and are now deciding points against the taxpayer which a few weekg Mr. ER~ST. I will accept that statement. I will say from · ago they would have decided in his favor. the statements set forth in the memorandum. These two fac Officials of the belligerent type are tempted to let down the bars tors indicate that the value as of 1913 should not have been in · in sheer defiance of what they regard as unmerited criticism. Intricate excess of one-fourth of the sale price in 1919; that is, not in tax laws can not be fairly admini tered in an atmosphere charged with excess of $3,000, but, as I have pointed out before, the figure suspicion, misconstruction of motives, and accusation of graft. used by Senator CoczExs in his return was • 9,000. The..;e facts-or tllese statement~, if true-indicate on their face a Ur. ERNS'I\ 1\lr. President, this review of the activities of tremendous oyervaluation with the consequential large under- . Senator CouzENS starting on December 20, 1923, and continuing payment of tax by Senator CouzENS in 1919. But it seems to to the present time. shows conclusively that he. has been me unnecessary to dis tary's public statement, necessitated an assessment of the tax hand. However, it seems incumbent upon me to make some to protect the Government's interest. statement, even though unprepared, in reply to his statements. But even now tllat the tax has been assessed, Senator Couz I want to say before I begin that if the Senate should happen ENS is not yet forced to pay it. Since he seems to feel that the to remain in session during any part of next week, I shall be Treasury Department is prejudiced in this matter, be c~n have better prepared to answ~r some of the statements of the Sen the ca e immediately sent to the Board of Tax Appeals, an ator from Kentucky, independent agency enth·ely outside the Treasury Department, First, with respect to his allegation, I want to say tllat the which was specifically created by Congress to decide such cases chairman of the Committee of the Senate Investigating the as this one. There the case will be beard and determined, and Internal Revenue Bureau selected the so-called Mellon cases at the real issue in the case-does Senator CouZENS owe an addi the written request of the Secretary of the Treasury. When tional tax-will be decided. If no additional tax is due from the resolution was first adopted by the Senate the Secretary Senator CouzENS be will have to pay none; if the board de wrote a letter inviting the committee's attention to all of the termines that he does owe an additional tax he will have to some 38 or 40- companies in which he was interested, to inves pay it and should have to pay it. tigate those particular cases to determine whether or not the Mr. NORRIS. Mr. President, may I interrupt the Senator? so-called Mellon companies had received any unu ual or undue The VICE PRESIDE1'oi'"T. Does the Senator fi·om Kentucky favorable consideration. In response to the Secretary's re yield to the Senator from Nebraska? que t, and because of the charges made by employees of the Mr. ERN.'T. I yield. bureau at that time there employed, and some of whom had Mr. NORRIS. Is it not true that all the members of the been previously employed, and who had made erious charges board which would pass on it have been appointed by Secre against the companies in which the Secretary of the Trea ury tary 1\lellon himself? was interested, and in justice to Mr. Mellon, those inquirie:s Mr. ERNST. It is not true ; very far from it. were made, and as a result of those inquiries the repre entative Mr. NORRIS. I think it is true as a matter of law. of the Treasury on the committee takes exception to the fact Mr. ERNST. They are men whose records have been most that we did what the Secretary, his own superior officer, re carefully investigated as to their ability and as to their integ quested that we should do. rity. In the course of his remarks the Senator from Kentucky re :Ur. NORRIS. But all of that investigation was made by ferred to the question of my personal taxes, and in his com Secretary Mellon. ment referred to "his own valuation," meaning my valuation. Mr. ERNST. If tile Senator means to infer by that question I want to read a letter issued by the Treasury Department that the President and the Secretary will select men who will over the ignature of Mr. Daniel C. Roper, Commissioner of deliberately fail in their duties he is welcome to that as ump Internal Revenue, dated May 19, 1919, and addres ed to l\Ir. tion, and I do not think it requires an answer. Arthur A. Ballantine, Boston, Mass., as follows : Is there anything in this action of the Secretary of the Treasury which warrants the charge of persecution? He did This office is in receipt of your letter of the 29th ultimo, requesting, not levy a tax against Senator CouZE~S · he merely requested on behalf of the Old Colony Trust Co. of Boston, which proposes to additional time in which to investigate his ca e. The amounts buy all of the 41 per cent of the stock of the Ford Motor Co. of involved in the ca e were so large that a failure to protect the Detroit not held by the Ford interests, what value the bureau places Go\ernment's interest by appropriate action would have been upon the stock of the :Ford Motor Co. as of March 1, 1913, in order gross neglect by the Trea ury Department. that the parties at interest may have some definite idea as to the Thus Senator CouzE.-s's charges of persecution and punish amount of taxes they will be required to pay upon the profits made ment are utterly groundle s. And in addition Senator CouZE~s through such sale. You state that it is believed that the purchase, if is placed in a very ludicrous position by his charges when his consummated, will tend to promote the interests of one of the largest attitude with reference to his own case is compared with the concerns in the country, and that the purchase can not be effected po ition he ba taken when the cases of other ta}.rpayers ha-re unless it is pos. ible first to ascertain the judgment of the Bureau of been inYolved. In the inYestigRting committee he bas con Internal Revenue as to the value of the stock on March 1, 1913. sistently taken the position that the action of the department In reply you are advised that while ordinarily it is not the practice in the cases of other taxpayers should be reopened and addi of the bureau to determine such questions in advance of actual transac tional taxes le\ied because he disagrees with the action tions, in view of all the circum~tances surrounding this case the previously taken by the department. The absurdity of his bureau feels justified in departing from that practice, and you are setting up his judgment against the judgment of the trained accordingly informed that upon consideration of the figures shown by officials of the bureau in settling the case of other taxpayers the books and returns of the company it is disposed to regard $9,489.34 seems never to have occurred to him. To be . peciflc I should as the fair valuation of the tock on March 1, 1913, and one which like to cite two ca e . With reference to the ('Opper companies should 1>e used in computing any profits made by the sale. Senator CouzE~s was quite critical of the department because the officials of the Trea ury Department after very thorough It is perfectly evident that that valuation was not my valua con ideration of the question refused to reopen and revise the tion. The facts are that at the time the valuation was made return for 1917 and 1918 of the copper companies along the our distingui bed colleague, the junior Senator from ViJ.'ginia lines which Sen a tor Col.'"ZE~s thought proper. And in the [::\Jr. GLASS], was Secretary of the Treasury, and it was made case of the Standifer Con truetion Co. Senator CouzExs de at the request and solicitation. of 1\Ir. Ford and prior to his manded that the ca e be reopened and that large additional attempt to buy out the minority stockholders. This letter, it taxe be a e ed in ~pite of the fact that on the point of law will be remembered, wa dated May, 1919, and I did not sell involved, the decision of which Senator CouzE~ , although he my tock to Mr. Ford until September or November, 1919, is not a lawyer, had criticized, the highest legal officer of the some five or six months later, and at no time between the time Bureau of Internal Revenue maintained thRt the decision of this valuation was fixed and the time the option was secured the bureau wa ~ legally sound. This incon isteney on the part from me did I know that any valuation had been placed upon of the Senator i amusing. But consistency i nothing to Sen the Ford motor stock as of l\Iarch 1, 1913. ator CouzEJSS "when his own tax liability come. into question, I also want to thank the Senator from Kentucky for proving when it is Ws money involved, when he is the one to feel the what I contended with regard to surtaxe . When this contro pinch. When his own tax is involved he completely reverses versy, to which the Senator from Kentucky ha referred, started his position and charges per"ecution becau e the department between the Secretary and myself, I wrote a letter to the Sec merely request time within which to investigate. · retary and asked him for certain information. I think that I am sorry to have had to discuss per. onalities and per was in December, 1923. Because of his "area tic and arrogant sonal controvers1e. , but when Senator CoUZENs, who ha been reply to the questions propounded for certain information, I prosecuting and per ecuting Secretary 1\fellon · ·ince December, determined that no officer would write such an arrogant letter 1923, has the temerity to po~e a. a martyr and charge persecu unless he had some personal interest, because men do not tion because of a single act by the Treasury Department in usually get arrogant and exercised unle s they have omething his own tax case, which was by no men.ns as dra~tic as the personal involyed in the matter. The Senator from Kentucky action which he had advocated when other taxpayers were has stated that Mr. Mellon paid, I think. in 1923, $1,173,987 in involved, I could not remain silent. ta~es. I submit that that in itself indicates how vitally inter :Mr. COUZE~ T • Mr. Pre ident, I am greatly indebted to the e ted be was in having the taxe reduced. IIad hi plan been Senator from Kentucky [Ur. E:RNST]. I am f.lorry, however, accepted and the surtaxes reduced to the extent that be esti that I did not have some advance notice that he wa · going to mated and fought for, he would haYe sa\ed at lea t half a make the tatement. I hesitate to take up the time of the million dollars. I submit that I had no intere t in the rate of Senate at this time, when I know Senator are anxiotu to aet ~urtuxes, as is evidenced by the statement of the enator from away, and when I know that they have other busine at Kentucky that my entire income tax for that year wa 5,676. 1925 CON GRESSION .A.L RECORD-SENATE 221 So that it must be apparent, Mr. President, tbat I ha\e no whatever. The information the press has published has been personal interest in what the surtax rate may have been or taken from the public records of the Senate. If the press has what the Congress may have determined it should have been. published ex parte statements, if the press has published only I submit that as evidence that I had no interest at all in that one side, that certainly can not be charged to the committee or matter I had no interest in Mr. Mellon; and I had no interest to the chairman of the committee. in the' Treasury Department until 1\lr. l\fellon attempted ar- I have purposely refrained from attempting in any manner, rogantly to ride over the Senator from Michigan when he shape, or form to bias public opinion and have left it entirely politely asked for certain information as to how the Secretary to the record. 'Vhen asked by members of the'press for state anived at his figures for surtax purposes. ments I have referred them to the testimony. Only yesterday Now, referring to the statement of the Senator from Ken- an attorney for the Shipping Board came to my office and dic tuC'kv that I am inconsistent in complaining about my own tax tated a memorandum with respect to the case of the Atlantic retu;·ns being opened up, I desire to say that 1\1r. ~lellon made Gulf & West Indies Steamship Co. and its subsidiary com this statement, which was published in the Washmgton Post: panies. As Senators will remember, the press published a It wns felt the department should not substitute its present judg- statement taken from the records of the committee that in 1D2·t ment for the honest judgment of those officials of a. prior administra.- the Government had a tax liability against the Atlantic Gulf tlon who were formerly in authority in the department and finally & West Indies Steamship Co. and its subsidiaries amounting to closed the cases for 1017 and 1918. $9,913,841.86 and that the Bureau of Internal Re\enue; with the approval of the Secretary of the Treasury, settled this claim I submit, Mr. President, if tb.H.t is a correct policy, as the for a cash payment of $1,230,000, plus the release of a judg- Secretary has stated and as he has contended before the Com~ ment of the Court of Claims against the United States of mittee to Investigate the Bureau, that it is a correct policy, I $1,351,381, making an aggregate. of approximately $2,600,000. do not understand how it is that he does not take the honest So the department waived about $7,300,000 of taxes on the judgment of those officials, which judgment was reduced to theory that the company could not afford to pay the tax, on writing in 1919, with respect to the value of the Ford stock as the theory that to have forced the payment of the tax would of March 1, 1913. have bankrupted the company. As I have stated, I have no prepared remarks to make, be- I submit, Mr. President, that the power placed in the hands cause the Senator from Kentucky sprung this on me rather of the Secretary of the Treasury was placed there by a "tatute suddenly this morning. It leaves me in a position entirely un- passed, if I remember correctly, in 1880. That statute was not prepared to reply to the comments he makes about the conduct passed for the purpose of dealing with the abatement of in of the investigation, the record of which it is obvious he has come taxes or excess-profit taxes. But we will wah·e that gone through and picked out certain comments a~d remarks to and assume, as I think the Secretary was within his legal sustain his statements, which are the worst kmds of state- rights, perhaps, in abating the tax; but I warn the Senate- ments, because they are only half true; and he has left out of Mr. KIXG. 1\Ir. President, will the Senator yield? the testimony, which is now before the Senate, many comments Mr. COUZENS. Yes. made b-r the chairman of the committee sustaining the action 1\Ir. KING. Did the Senator state that the Secretary of the of the Treasury in certain of their ruling~ and in certain of the Treasury was within his legal rights in abating the amount cases which were under criticism, and differing with the coun- of the tax except as to $1.250,000? The Senator stated accu f'el and the experts of the committee in their conclusions. But rately the amount of the original tax, and the abatement was the Senator from Kentucky is so anxious to support and so the difference between the $1,250,000 and over $9,000,000 of allied with the Secretary, and he is so one-sided, that he has taxes, which had been properly levied against these corpora represented the Treasury better than their own cotmsel have tions. been able to represent them through these entire hearings. He , Mr. COUZENS. What I said, Mr. President, was that I think has been in contact with the solicf'tors and the agent'3 and the the Secretary of the Trea ury was within his rights, his legal experts of the bureau day after day. They have bee_n run~g rights, in abating the tax. The question of the amount may back and forth to hi office. I know that because lns office IS be a question of judgment, and not a question of legal rights. next to mine. Mr. KIKG. What I meant to infer was that I have no The Prohibition Unit agents ha-ve been in touch with him doubt-and I am familiar with the case, being a member of hour by hour, by teleplwne and by personal calls, so that they the committee-that the situation presented did call for some might know in advance what the committee has propo ed to do, abatement, but I deny that the Secretary of the Treasury had what it has proposed to investigate. As evidence of that, the the right to make the abatement which he did. I think the record will show that letters have disappearet1 ont of the files, diminution of the tax from over $9,000,000, as I recall, down that communications have di. appeared. Letters have been lost to $1,250,000 simply because representations were made that it beC'ause, apparently, it was to the advantage of the Treasll:ry might bring about bankruptcy, when the condition of this that they should disappear; and undoubtedly they were m- company did Jlot wan·ant that assumption, and when more formed by the Senator from KenhlCky, so that they might do than $1,250,000 could have been paid without bringing about those things. bankruptcy-in abating the tax to the full extent that the Kow I want to point out, l\lr. President, a matter that I had Treasury Department did, I think that a wrong was done to not-- the Government. !\Ir. ERNST. 1\fr. President, I do not hear very well, and I Mr. COUZENS. Mr. President, I desire to point out the all- should like to have the last statement made by the Senator surdity of this abatement and to show how much power the from :Michigan repeated. What did he say about missing Secretary has. In other words, the taxes for, I think, the year· letters? 1917,1918,1919, 1920-I haYe not the exact figures before me- :\Ir. CO"CZE.NS. I say that the Reporter C'an report what I 1\Ir. McKELLAR. 1\lr. President-- said, because I do not intend to repeat it or to yield at this The 'ICE PRESIDENT. Does the Senator from 1\lichigan time. yield to the Senator from Tennessee? .Mr. ASHURST. Let it be read. I should like to hear it. 1\Ir. COUZENS. I will yield in a moment if the Senator will Ur. ERNST. Let it be read, beeause I should like to know excuse me. what the Senator from Michigan is saying. Mr. :McKELL..i.R. Certainly. \ Mr. COUZENS. I decline to yield now. The SenaMr can :Mr. COUZENS. I wish to point out that, for whate-rer years have that done at some later time. I desire to-- the taxes were assessed, that corporation or any other corpora- \ Tile VICE PRESIDEN'l'. The Senator from l\lichigan de- tion could ha1e paid out their earnings in dividends and gone clines to yield. along to 1924, and said that to have then to pay the tax would l\Ir. 1\lOSES. The Senator from Kentucky can demand to bankrupt them, and received an abatement, notwithstanding have the words of the Senator from Michigan taken down. t}?.e fact that they may have paid out their earnings in diridends, 1\lr. HARRISON. lfe on this side of the Chamber should notwithstanding the condition of their finances, and notwith like to know what is going on on the other side. We are inter- standing such conditions as existed in this particular ca:.:e ested in it. which I am going to indicate. I now yield to the Senator from l\Ir. COUZE~S. Recently the committee submitted in its Tennessee. entirety all of the testimony taken by the committee to tbQ Mr. McKELLAR. Mr. President, do I tmderstand the Sena Senate in a report which, I think, was submitted on l\Iarch 3 tor to sa:v that thi · case in which there was an abatement was and included all the testimony taken up to that date; and yr.t or was ~ot that of a corporation in which 1\Ir. Mellon was a we are charged with using ex l)arte statements; we are charged stockholder? witll publishing ex pal'te .evidence. . Mr. COUZEXS. Oh no, I do not think he was a stockholder I want to say on the floor of the Senate, Mr. President, that -in it; in fact, I am quite certain that he was not a stockholder the chairman of the committee· has gi-ren out no information in this company. 222 CONGRESSION .L~L RECORD-SEN ATE ~lARCH 14 The time the abatement was made was in January, 1924.. against the United . States Shipping Board, and under the law the The company had outstanding at that time some 287,000 shares De?ar.tment of Jushce must defend all actions brought against th of stock, with a marketable -ralue, as quoted in the public press, Shippmg Ron rd. e of some $4,113,730.50; and because of this abatement, or, . The alk~ '·1 claim of $5,000,000 grows out ot a contract entered rather, after this abateme t. the value of the stock went up, mto between . the Atlantic Gult Oil Corporation and the Shipping so that on February 21, 1923, it was worth $10,488,738. After Board, accordmg to the terms of which the Shipping Board was to the GoT"ernment had abated the tax to the extent of $7,000,000 take 15,000,000 barrels of oil during the year 1921. It is understood plus, the1·e was• an increment in the value of the stock out th~~ as the result of the falling otr of shipping, and due to the in standing in the stockholders' hands of $6,375,000 plus. ability of the selling company to furnish the oil, but 9,000,000 barrels lUr. FLETCHER. Mr. President-- was taken, and the Atlantic Gulf Co. is suing to recover $5 000 000 The VICE PRESIDENT. Does the Senator from Michigan its alleged profits on the undelivered oil. ' ' ' yield to the Senator from Florida? It is a ~ell-known fact, and the records of the litigation show, thnt .Mr. COUZENS. I do. the Atlantic Gulf Oil Corporation is and has been owned outrio-ht Mr. FLETCHER. Will the Senator state for what year by the Atlantic, Oult & West Indies Co. The officers are the sa~E:' the abatement wa made? The abatement was made in 1924, and the testimony bears out this fact. What the Shipping Board and but what tax year does it co-rer? ihe Department of Justice can not understand is why the taxes of the Mr. COUZENS. It coyers the years 1917, 1918, 1019, and Atlantic, Gulf & West Indies Co. were reduced $7,000,000 when one 1920. In respon e to the question of the Senator from Flor of these subsidiaries of the West Indies Co. bad a claim pending for ida I will state that these taxes were computed by fixing $5,000,000, and the claim was actually being tried. The Shipping an additional tax for 1917 of $1,482,000 plus-! will not read Board and the Department of Justice up to the present time haye the odd dollars and cents-for 1Dl8, an additional tax of expended thousands of dollars in defending this litigation. Experts $4.437,000 plu ; for 1919, an additional tax of $1,501,000 plus; have been employed at tremendous salaries, and as the defense ha for 1920 an additional tax of $1,661,000 11lus; and a penalty just started in on Its ide of the case considerable more money will be for 1920 of $830,806 plus ; total, 9,913,841 plu.. expended before the case is concluded Under date of May 1, 1923, the pre ident of the Atlantic, . An unusual feature in this case is ·that the action against the Ship Gulf & West Indie" Steamship Co. ubmitted an oft'er of com pmg Board was brought by Sullivan & Cromwell, prominent lawyer of New York City. lll'Omi e of any and all additional income, excess profits, and war taxe" of itself and its sub ddiarie for the years 1917 to I want to ay to the Seuator that I am quoting from a 1020, inclu ive, and any and all pena.ltie in connection tllere memorandum left in my office by an attorney of the Shippin" with, in the urn of 1,250,000. That offer in comp1·omise was Board. t> accepted so far as cash was concerned, but the Treasury added Mr. Sullivan ha been dead for years, and Mr. Cromwell spend all to that the amount of a judgment which this company had of his time in Europe. One of the leading members of this Jeo-al against the Shipping Board for the lo s of a ship. corporation is Mr. IIarlan F. Stone, and he assisted in the prose~u . An examination of the balance sheet of January 1, 102.'3, tion of the case against the Government up to the time he was ap discloses current or liquid as ets made up as follows: pointed Attorney General, whereupon he had to reverse his position, Cash in bank $2,G86,434. and from the time he became Attorney General until he took his scat Cash coupon , $551,775. as a judge of the Supreme Court he had to actively defend the Ca. h with agents, $1,618.623. Shipping Board, and on every occasion when anything important de Marketable securitie , 127,305. veloped was con~ulted by the trial counsel of the Department of Note receivable, $337,G34. Ju..;tice. .r Account" receivable, general, $841,000 plus. I Insurance claims, $1,650,849. I rea.d thi , Mr. Pre ident, for -the purpose of indicating the Shipping Board claims, $1,661,000. lack of proper coordination ~etween departments. Here the Materials and supplies, $234,000 plu. . ~overnment is subject to a claim of $5,000,000 by a corpora Or, in other words, a total of liquid asset!:! of $9,700,407. . tion owned by the company which has just had its taxes I am not going into this case particularly to criticize the abated to ·the extent of $7,000,000. Bureau of Internal Revenue in this particular abatement, but If time permits, and the Senate is in session after to-uav to how the lack of relation h tween the departments of the I am going to ask the floor to reply to some further statement~ Government in dealing with Government busine ". made by the Senator from Kentucky. Mr. KING. :Mr. President will the Senator yield? Mr. GLASS. Mr. President, I have neither desire nor pur Mr. COUZE ... rs. Ye . po e to be drawn into the quarrel between the Secretary of the )Jr. KING. I think the Senator might add, with propriety, Treasury on the one hand and the Senator from Michigan that the record.' in tlle Internal ReHnue Department and be [Mr. CouZExs] on th ·tiler. That I Illli.Y the better indicate how entirely impartir. am in that dispute, I may say that it fore our committee showed that the gro ·:est kind-of fraud~ had been perpetrated by thi corporation and its sul.J!'idiaries, and was not my judgment that the so-called Couzens committee of that one of the frauds wa: the jug"ling of the account. by inquiry should have been continued; and had I been in the which more than $950,000 in cash was coucealed and paid out Chamber when it was proposed, I should have objected to a continuation of the inquiry. I am perfectly confident that it in ilividends . o as to aT"oid taxation, and every possible . cheme i not going to result in a return to the Treasury of a single wa. · deT"i "ed for the purpo e of concealing not only the earnings dollar in taxes, whereas I am quite as thoroughly con\incetl but the aBsets of tlle coq1oration, showing criminal offense which ought to have brought indictment again t the member that the continuation of the inquiry has produced a state of mind in the Treasury among those officials, major and minor of th(' corporation for their frauds against the Government. charged with the duty· of as e sing taxes that will inevitably l\1r. COUZENS. I t~ank the Senator for mentioning tllat, result in disadvantage to the public and in hardship to tax be<.:au:;e I had not de!"u·ed to detain the Senate an unreason payers. In other words, the e officials, feeling tllat they are able length of time; but tbe testimony taken before tlle com beset by a useles inquiry, will make it a point in all of their mittee on February 24, 1925, indicate~ that this company at adjustments of value to overralue rather than uudeiTalue the tempted on . everal oc<:a::;ion. · to defraud tlle Go-rernment not things upon which the tax returns are made, and I am con only of · 900,000 but of millions of dollar·, and in one particular fident that i11 the end the inquiry will re ult in a \ery much J item of. uetween three :lnd four million dollar, I by jocke,Jing greater disadvantage to the mass of taxpayers than in au·om of receipts from tlle Hale of ·orne of itB property; and the tage to the GoYernment In this I could hope I may be mis / TreB:sury ignored all this. They let this company, after its taken. dece1t and effort at corruption, ge!: away with it on a matter It may be recalled that more than a year ago I said on of abatement. the floor of the Senate that I had not the remote t idea thi · Thi. il" t~e memorandum that the attorney for the Shipping inquiry into the acti'dtie" of the Treasury would disclo e that Board left m my office yesterday to how the lack of cooruina the Secretru·y of the Treasury had been in any degree partial tion and relation between the departments of the Government: to a single company in ~rhich he formerly was intere tell. The first information the Department of .Jnstice had as to the That seemed to me a matter of cour e. To man with the rPduction of the taxes of the Atlantic, Gulf & We t Indies Corpo- ability to amass a great fortune~ with the capacity to lleau ration was early th1s week, when the announcement came out as to the 1 great enterprise , would be. as it seemed to me, imple enongh reduc~ion in. the taxes of this corporation of about :57,000,000. At 1 to show partiality, in a great place of di'tinction, to tho. e tl:e trme th1 reduction was made the Dt>partment of .Ju. tice was I enterprises with which he had been a. sociated, because he v1gorousls en~a_ged in defending a suit for , 5,000,000· brought in the would at least have sen, e enough to know that the fact would "Lnited States Court of Claims by t.he Atlantic Gulf Oil Corporation be disclosed aud he would accordingly be di. · ·redited. There- 1925 .CONGRESSIONAL REOORD-.SEN ATE · 223 fore I am not at all surprised to find that no such partiality They spent weeks in Detroit, in the offices and plants of the has been traced to the Secretary of the Treasury. Ford automobile:manufacturing corporation, ascertaining the I T"ery greatly regret that my estimate of Mr. Mellon's tangible values of its property, its book values, and its good wisdom has been somewhat modified by his action in the case name, and made this assessment in the accustomed way em now under discussion. The facts are silhple, and they are in ployed by actuaries in assessing values. They assessed the positive contraT"ention .of the Yery; attitude taken by the valuation of the Ford stock, as it will be observed, down to Treasury in this Couzens case. the cents. Does the Senator claim, does the Treasury Depart In justice and fairne s to the Senator from Michigan it ment claim, for one moment that there was either irregularity should be said that he had nothing whatsoever to do with this or concealment in the transaction? Does the Senator claim, or assessment, if he had any real knowledge of it, which he now does the Treasury Department pretend to claim, that there deuies. The assessment was not made at his suggestion or has been disclosed any fraud whatsoever with respect to the request. It was made at the request of the majority stock transaction? holders of the Ford automol>ile manufacturing establi::;hment. 1\Ir. ERNST. Does the Senator desire to have me answer It was an mlUsual course for the Treasury to pursue, but that? the Treasury was dealing with an extraordinary ease and with Mr. GLASS. I would not have asked the question if I had unusual circumstances. Great bitterne...;s had arisen between not desired an answer. the minority and majority stockholders of the Ford corpora !\Ir. ERN"ST. Sometimes we ask questions which we do not tion. The friction was so pronounced that Mr. Ford would not ei"J)ect to have answered. deal directly with his a so cia te::;, but engaged the services of a 1\lr. GLASS. I never do, and I never make statements I am Boston trust company. It wa · stated to the Treasury that in not prepared to support. consequenc-e of the dispute great alarm was being felt in the city 1\Ir. ER~ST. Let me say to the Senator that I did not-any of Detroit m·er the threatened remo>al of the Ford establish where charge any irregularity or unfair dealing on the part of ment from that place to .,orne other point. the department at that time. So far as I am aware, not one As I recall the circumstances the collector of internal re-re thing has been done by the Secretary of the Treasury, or by nue for the Detroit district and l\1r. Lucking made a personal 1\Ir. Blair, his commissioner, which could possibly be so con T"isit to Washington and asked that the Treasury make an strued, and I therefore am at a loss to understand why the asse.ssment of these valuation · as of 1913, in order to facilitate Senator asked that question. the pending business h·ansaction, to wit, the purchase by Mr. 1\Ir. GLASS. The Senator will in a little while understand Ford of the minority stock in his company. 'Ihe reque~t was why I asked the question. I wanted it to go into the REc seriously considered and all of the circumstancei,; taken into ono. I state of my personal knowledge that the Treasury doe::; ac<:ount. It finally was derided to compl~· with the request, not charge there was any irregularity or fraud; that it doe· because of the ex:h·aonlinary circumstance::;, and bee a n:se of not think there was either irregularity or concealment. the further fact that it in>oln•d an acqui~ition of some $20,- Mr. ERNST. If the Senator mil permit n further interrup 000.000 or more in taxes to the "Cnited States Treasur~·. then tion, I do not see how it is pos ·ible, in the shape in which the badly needed. J\1:oreo-rer. unless the TL·easury had agreed the Treasury Department has placed this matter, to discuss that tran"·action would not have been effectuated and the Go>ern question. I do not see how it is fairly brought up. All the ment would ha>e been depri\etl of the tax. Treasury Department has done is to say to the Senator from The report quoted from by the Senator from Kentucky, who Michigan, "Here is a statement. Upon its face it shows that astonished the Senate by admitting that he did not know e>ery there i. · a large tax liability. We want to have time to look thing. states that the >aluation fixed by the Trea~ury in 1919 into it.'' Not one thing further has been said or done, so far was made by inexperienced per.:ons. as I ha>e any knowledge of or information about. :Mr. ERXST. By what? Mr. GLASS. The Senator will pardon me if I assume the l\lr. GLASS. By inexveriencecl person·. right to judge the pertinence of my own remarks. l\lr. ERNST. I did not say so. i\lr. COUZENS. 1\fr. President-- i\Ir. GLASS. Oh, no: the Senator did not say RO. I said The VICE PRESIDENT. Does the Senator from "Virginia the report.from which he qnoted. and for whicll he was ap 3·ield to the Senator from ~Iichigan? fJarently making himself re::;ponsible, said so. If the theories l\fr. GLASS. I yield. put forward in the report are not sounder or the alleged facts 1\Ir. COUZENS. Apropos of what the Senator from Ken stated therein are not more accurate than that statement, the tucky has said about the shortness of time which the Treasury report is utterly worthless. So far from the valuation l>eing Department had in which to investigate this claim, I want to aRRes ·ed by inexperienced persons, the Commissioner of Inter say that ~fr. Winston, the Undersecretary, admits that this nal Revenue dispatched to the city of Detroit in person the information was in the Trea ury Department for over two most experienced man in tax matters connected with the years. United States Trea ury. ~fr. GLASS. I am corning to that, if the Senator will per- 1\:Ir. ERNST. M1·. President, will the Senator 1)ermit me to mUm~ · interrupt him? I ha-ve tried to indicate that . this case was treated without :\11·. GLASS. Yes. suggestion of irregularity or concealment or fraud of any de 1\Ir. ERNST. I said nothing whate-rer from which it could scription. It was not, as has been stated here, I believe lJy be inferred that I stated the a.:sessment was made by inex the Senator from Kentucky, that this assessment of the T"alue perienced persons. I simply used the statement which the of the stock of the Ford corporation was "the Senator's own Senator from Michigan had inserted in the RECORD. I did not assessment." I am referring to the Senator from 1\Iichigan. make myself responsible for the statements in that, and have The Senator had no knowledge of the valuation of the stock. never done so for one moment. What I ha-ve emphasized is that It was made to facilitate, to effectuate, a great transaction, in those statements justify the action which the Secretary of the volving millions of dollars in taxes to the Treasury, and it Treasury took, and beyond that I made no personal statement, should be understood that had the Treasury refused to assess nothing from which it can be inferred that I thought the the valuation there could have been no intelligible or sure assessment was made by inexperienced persons. basis for consummating the sale of the stock of the Ford 1\fr. GLASS. The Senator from Kentucky suffet·s from the company. ~ . arne affliction I have to endure; he does not hear well. I have The Senator from Kentucky undertakes to emphasize the uot said that the Senator from Kentucky made that state suggestion that this is newly discovered evidence, so newly dis ment. I said the paper from whlch he quoted contained the co-rered as that the Treasury Department had but a few days statement. to avert the di advantage of a plea of the statute of limitations. 1\Ir. ERNST. Yery well. In accentuating that suggestion the Senator from Kentucky l\Ir. GLASS. And if its other statements are not more to be put into the RECORD a dispatch from the Secretary of the credited than that one, it is utterly worthless. The Treasury Treasury to him. I challenge him now to point to one word di..patched to Detroit its best and most experienced expert, a or sentence in that dispatch which indicates that the Treasury man who was at the head of the technical branch of the Inter has any newly discovered evidence. I invite the Senator to nal Revenue Bureau, through who ·e hands passed and to whose point to a word .in the Secl'etary's telegram which indicates judgment was submitted every complicated matter of taxation that it was essential for the Treasury to proceed in haste in that came to the bureau, Mr. Tolbert, and he took with him order to avert an appeal to the statute of limitations bv the a crew of experts, trained actuaries, men who did not know Senator from Michigan. The Senator from Kentucky will not what they were going for, simply that they were subject to find it there; and if, as I have suggested, it was his pur the direction of the head of thi branch of the Internal Reve pose to give color to that contention by reading the telegram nue Bureau. fl'om the Se~retary of the Treasury, I ask the Senato1· if, upon 2.24 OONGRESSIONAL RECORD-SENATE MARCH 14 reflection, he considei'S that he was altogether fair and frank ~I'. ERNST. Cases which I think were then closed, was the with the Senate? chairman of that committee, the Senator from :Michigan [Mr. 1\Ir. ERNST. Mr: President, I shall take pleasure in answer CoUZENS]. ing. I will read the telegram: Mr. ~~S~. I call the Senator's attention to the fact that I understand that you wish to learn from me when first there was the poSition JUSt stated by me is the avowed position of the brought to my attention-- Treasury to-day. Mr. ERNST. That meets my entire appro\a.l. .Mr. GLASS. Yes; "my attention." Mr. GLASS. In one of those very cases criticized by the Mr. ERNST (reading)- chairman of the ~o-called Couzens committee the Secretary, the question of an additional tax being due from Senator CouzENS on of the Treasury himself takes the very position which I here bis 1919 taxes. While the Finance Committee was considering the ex avow. It is sound and right and the Treasury should adhere tension of the life of the Couzens committee in February ()f this to it. Why did the Secretary not adhere to it in this Ford corporation case? Simply because he and the Senator from year-- 1 Michigan apparently hate one another and because as it seems L\lr. GLASS. Ob, Mr. President, it is not necessary to take to me, either would go to any extreme to discredit the other. the time of the Senate in reproducing the telegram in its en Both have done that very thing. tirety. I call the Senator's attention to the fact that the Secre I am not here contending for the validity of the criticisms tary of the Treasury said it was first brought "to my atten made by the Senator from Michigan against the Treasury tion." 1 Department. I think it was perfectly competent and proper 1 Mr. ERNST. I emphasized that for the Secretary of the Treasury to call attention to the fact Mr. GLASS. Does the Senator undertake to say that the that if the line of action advocated by Senator CouzENS bad' Commissioner of Internal Revenue was unaware of the fact been purued it would have traversed the personal case of that the statement was in his archives and had been there for Senator CouzE~s him elf. That would have been all right;\ two rears? but for the Secretary of the Treasury, in the circumstances 1 :Mr. ER~ST. 'Then the Senator asked me that question to undertake to do what he himself said should not be done' while I was on my feet addressing the Senate I said to him to wit, reopen a ca e that was adjusted by a previous admin: 1 vlainly, and he could not ha \e misunderstood me, that I bad istration of the Treasury causes me to think that be is not as 1 neither knowledge nor information upon that point. wLe .t?-day as I said be was a year ago. Why, l\fr. President, Mr. GLASS. Well, I ha\e. no citiZen may e-rer feel him elf acquit of his obligation to 1 1 ~1r. ERNST. Then, do not bring the charge home to me. the Go\ernment if this thing shall be done on an extensive Let the Senator state what he knows about it, but he hould scale. The Treasury ix year ago found this valuation re"'U· 1 not bring his knowledge home to me when I am discussing the Iarly, without concealment or suggestion of fraud. It V:a the question with the light which I ha\e. Treasury's valuation, not that of the Senator from Michigan )lr. GLASS. My contention is that the Senator was dis and it fUI'nished the basis of a tram;action of great magnitude' eul'\ ing the question without first informing him elf as to the involving millions of dollars to the Trea ury. I do not believ~ fa<:t.. the Secretary will have a foot to stand on in a· court of equity Mr. ERN" ST. But I ha ,-e not done that. or court of law in undertaking to recover one dollar from the l\lr. GLASS. lie i undertaking to nccentuate a ugge·tion minority stockholders of the Ford :Motor Co. Therefore, it bas • ~ hich i \ita! to hi contention and """hich the endence he pro seemed to me amazing, in the circumstances, that the Secre duces doe not ju tify or in any way establish. tary of the Trea m·y should have undertaken to reopen the Mr. ERNST. When I heard from the Secretary of the Treas ca e in· contravention of his own avowed policy. ury that it was for the fiT t time brought to his attention and The Senator from Kentucky [Mr. ERNST] may plead for him, that he promvtly ndvi. ed the Senator from Michigan about it, I supposed he had done his full duty. I repeat, not having that a ~he. S~cre~ary himself may disavow, that he has any purpose knowledge which t11e Henator from Virginia tate that he bas, ?f mti~mdatwn. ~et I venture to ay it would be well-nigh , I was perfectly fair and perfectly frank in reading the telegram. rmposs1ble to convmce the Secreta.I·y's adversaries, if any be ' have, that he did not intend intimidation. I shall not say so. I , upposed and I still suppose that it meant exactly what it I aid, and I did not eek by any statement or in inuation to ha\e personal admiration for the Secretary of the Trea ury and a high regard for his ability, but not now, in this case, a l ugge. t that it meant other than what it says upon its face. 1 Mr. GLASS. The Senator was simply unfortunate in not great deal of confidence in his tactfulness. It will be said in this case, just as it was said in the Wheeler ca e, that it is an. bnYing pro:ecutcd hi~ inquiry fmther than he did. !\lr. ERNST. Let me ·ay a to that that I did not expect to attempt to impede legislative inquiry. I do not say the junior 1 Senator from Montana [l\fr. WHEELER] is innocent of the j make the~e remttrk" concerning the committee until the Senator from Michigan said what he did within the last few days. I charges against him; but I do say, if he is satm·ated with guilt1 the first indictment of him in the circumstances, was immoral and made by this expert sent up here by the TreaSUI·y Department The PRESIDIXG OFFICER. Let the Chair make a state- to help Senators. ment. :Ur. GLASS. It is not to the credit of the Treasury De- 1\Ir. WATSON. There is no reason-- partment that it was done, and if the Senator had asked me The PRESIDING OFFICER. Wait until the Chair makes to go and see the Secretary for him I would ha\e done so a statement. No Senator can proceed until he has addressed gladly. the Chair and been recognized by the Chair. Otherwise we Mr. :\lOSES. I went myself. will have confusion. The Senator from Indiana. Mr. ERNST and ~lr. REED of Mi souri addressed the Chair. Mr. WATSON. 1\lr. President, will not the Senator from The PRESIDING OFFICER (Mr. FEss in the chair). The Penn ylvania [Mr. REED] withdraw that motion? I tru t he ~enator from Kentucky. will. :Mr. ERNST. A parliamentary inquiry, Mr. President. Mr. REED of Pennsylvania. 1\Ir. President, I made the mo- The PRESIDING OFFICER. The Senator will state it. tion hoping it would bring the Senate to order. It seems to 1\lr. ERNST. I wish to know if there be any way under the have done so. rules of the Senate whereby I can, without breaking those Mr. MOSES. ~f the Senator withdraws it, I wish to make a rules and without offending the Senators about me, call a proper motion. fellow Member a willful, malicious, wicked liar? Is there any '!'he PRESIDING OFFICER. 1.'he Senator withdraws his way of doing that? · motion. Mr. ROBIKSON. . Mr. President-- Mr. MOSES. I wish now to make a proper motion, Mr. Mr. GLASS. Let me ask the Senator-- President. ~lr. ROBINSON. Mr. President, I rise to a point of order. The PRESIDING OFFICER. The Senator from New 1\lr. MOSES. So do I. Ramp ·hire. l\lr. ROBINSON. The Senator from Kentucky is not in Mr. MOSES. 1\Iy motion is that the Senator from Kentucky order. [Mr. ERNST] be permitted to proceed in order. Mr. MOSES. I wish to make the same point: Mr. BORAH. 1\!r. President, before that question is put I Mr. ROBINSON. I in 'ist that the Senator from Kentucky want to make a suggestion. be in order. The PRESIDING OFFICER. The Senator from Idaho. Mr. GLASS. I want the Senator to be specific. Mr. BORAH. It was perfectly apparent to me, when the Mr. ERNST. 1\Ir. Pre ident-- Senator from Kentucky was speaking this morning, that the 1\lr. ROBINSON. Just a minute, Mr. President. Senator from Kentucky was inviting just exactly this situa- The PRESIDING OFFICER. The Senator from Arkansas. tion. He nolated the rules of the Senate some fOUl' or five Mr. ROBINSON. I will take the occasion to say that every time in his speech by charging another Senator with sinh:;ter Senator owes it to the body to which he belongs to prevent and improper purposes in the conduct of public business. It ouh·ages upon the feelings of other Senators and to protect is a pathetic thing, a \ery pitiable thing, that we have reached the oood name of the Senate itself fl·om such conduct as the a point here in the Senate of the United State where we can Sen:tor from Kentucky has just indulged in. There is not not disco s public questions without indulging in personalities. anyone living who does not know-certainly no 1\lember of this There is sufficient room for discussion upon a broad plane body ·who does not know-that it is not in order to make of a if we are able to conduct it along that line. Of course, if we fellow Senator the tatement that the Senator from Kentucky are not able to conduct it along that line, it i natural for u ha made; and I insist that the Senator from Kentucky take to get into personalities, becau e it requires much less ability his ._ eat under the rule of the Senate. to indulge in those things. :Mr. GLASS and Mr. REED of Penn ylvania addres ed the If the RECORD is going to be cleared, Mr. President, I want Chair. the Senator from Kentucky to eliminate the remarks which he The PRESIDING 'OFFICER. The Senator from Virginia. made this morning with reference to the sinister motive of Mr. GLASS. Before the Senator from Kentucky takes his the Senator from Michigan. seat I want him to be specific. The PRESIDING OFFICER. Let the Chair state the parlia- Mr. ROBINSON. No; that is just the point. mentary situation. Whenever a Senator is called to order, and l\lr. GLASS. He and I have been cro s-qnestioning each an objection is raised to his continuing, the Presiding Officer other here, and I had ju ·t ended my speech. I want to must order him to take his . ·eat. Then the only motion in know-- order following that is that the Senator may proceed, or may Mr. ROBINSON. That is just the point, l\lr. Pre ident. proceed in order, and that must be decided without debate. Mr. ERNST. Mr. President, I was about to explain why I Therefore, the motion-- said what I did. 1\!r. NORRIS. I ask for the yeas and nays on that motion. Mr. ROBINSON. No, Mr. President; I insist that the point Mr. ASHURST. I call for the yeas and nays. The motion of order be ruled upon. is not debatable. The PRESIDING OFFICER. The Senator will take his Mr. HEFLIN. 1\lr. Pr~ident, I make the point of order seat. that the Senator from 'Virginia [Mr. GLAss] wa addressin~ l\lr. REED of Pennsyl\ania and 1\lr. MOSES addressed the the Senate, and the Senator from Kentucky was not recognized Chair. or yielded to by him to inject into the debate what he did. The PRESIDING OFFICER. The Senator from Pennsyl- The Senator from Virginia was taken off his feet by the oc- . vania. currence; and if that is permitted to be done, all that a Sena- 1\lr. REED of Pennsylvania. I move that the Senate go into tor has to do to get the floor is to insult some other Senator. closed executive session. The PRESIDING OFFICER. The Chair must declare the 1\Ir. HARRISON. On that I ask for the yeas and nays. point of order not sustained. Mr. REED of Pennsylvania. Dpon that motion I ask for 1\fr. NORRIS. I ask for the yeas and nays. the yeas and nays. The PRESIDING OFFICER. Is the demand for the yeas The PRESIDING OFFICER. The yeas and nays are de- J and nays seconded? manded. Is the demand seconded? [A pause.] The yeas and 1\Ir. WATSON. Mr. President, in order that the question nays are ordered. may be thoroughly understood, will the Chair ldndly state it l\lr. WATSON. Mr. President-- once more to the Senate? / l\lr. ROBINSON. A point of order, 1\Ir. President. The PRESIDING OFFICER. The question before the Sen- ) 1\lr. WA1.'SON. l\1r. Pre ident-- ate i , Shall the Senator from Kentucky be allowed to proceed j The PRESIDING OFFICER. The Senator from Indiana. in order? 1\lr. WATSON. I trust that my good friend from rennsyl- Mr. REED of MissoUii. 1\lr. President, how can that motion vania [Mr. REED] will withdraw his motion, and I hope al o be put when the Senator from Kentucky was out of order in that my equally good friend from Kentucky [~Ir. ERXST] will undertaking to take the floor when the floor belonged to the not ma.ke the charge that he was about to make. Senator from Virginia? Mr. GLASS. " 'hat I want to know is who he is going to The PRESIDING OFFICER. The question is n-hether the make it against. Senator from Kentucky shall be allowed to proceed in order. Mr. :McKELLAR. He should withdraw it. The yeas and nays are ordered, and the Secretary will c-all the l\Ir. WATSON. I am sure he had no reference to the Sen- roll. ator from Virginia. The Chief Clerk proceeded to call the roll. Mr. GLASS. He has not said so. Mr. BRUCE. Mr. President-- Mr. WATSON. But I say so. The PRESIDING OFFICER. The Senator can not inter- 1\lr. ERNST. If I be given an opportunity, I will. rupt the roll call. The Senate will be in order. 1\lr. GLASS. Oh, well-- The Chief Clerk resumed the calling of the roll. 1925 CO~ GRESSION ...~L RECORD-SENATE 227 1\lr. FERNALD (when his name was called). I have a gen Meaning the Senator from Kentucky- eral pair with the Senator from New Mexico [1\lr. Jo:sEs], and therefore withhold my vote. hour by hour by telephone and by personal ca11s, so that they might know in advance what the committee has proposed to do, what it bas Mr. GEORGE (when hi name was called). I ha-ve a pair with the senior Senator from Colorado [Mr. PHIPPS]. Not pro!}{>sed to investigate. As evidence ot that the record will show tbat letters have disappeared out of the flles, that communications have knowing how he would vote on this question, I withhold my disappeared. Letters have been lost because, apparently, it was to the vote. If at liberty to vote, I should vote "nay." advantage of the Treasury that they should disappear, and undoubtedly The PRESIDING OFFICER. The Senate must be in order. they were informed by the Senator from Kentucky so that they might The Clerk can not hear the responses. Thls includes the occu do those things. . pants of the galleries. Mr. OVERMAN (when his name was called). I ha-ve a gen I do not think that the Senator heard that statement, or the eral pair with the senior Senator from Wyoming [!\Ir. WARREN]. Senator from Michigan would never have been permitted to con I transfer that pair to the junior Senator from Wyoming [Mr. tinue. No exception was taken to it, and I am charged-- KENDRICK], and will vote. I vote" nay." Mr. ROBINSON. Mr. President-- The l'Oll call was concluded. Mr. ERNST. Permit me to finish my statement. 1\lr. GERRY. I desire to announce that the Senator n·om Mr. ROBINSON. I did not hear the language read by the New Jersey [1\lr. EDGE] and the Senator from i\Ii sis ippi [1\lr. Senator, but it was the duty of the Senator him ·elf to call a STEPHENS] are paired and that if the Senator from Mississippi Senator to order who was making such a statement-- were present he would vote "nay." llr. ERNST. The Senator is aware that I am hard of hear The result was announced-yeas 32, nays 48, as follows: ing. Something that happened in the Rocky Mountains la t YEAS-32 summer cau ed my right ear to cease to do its ordinary duty. I did not hear at all, nor did I know, what was said until I Bingham Fess McMaster ~ackett Butler Goff Means • hortridge called for a copy of w.hat was said and noted it. Cameron Gooding Metcalf -·pe-ncer Mr. WILLIS. 1\Ir. President-- Cummins Hale Moses Stanfield 1\lr. ERNST. One moment; I would like to :fini h reading Curtis Harreld Oddie Wadsworth Dale Keyes Pepper Watson this: Deneen McKinley Pine Weller duPont McLean Reed, Pa. Willis Letters have been lo t because, apparently, it was to the advantage of the Treasury that they should disappear, and undoubtedly they were NA.YS-48 informed by the Senator from Kentucky o that they might do tho e Ashurst Edwards Jones, 'Wash. Ra.nsuell things. Bayard l!'erris King Reed, Mo. Blease Fletcher I ..add Robinson That was a charge that in some way or other I connived with Borah Frazier McKellar heppard Fh·atton Gerry :Mcl\"ary Shipstead the Treasury Department in taking papers which might be of Brookhart Gillett ~Iayfield Simmons value to the in-ve tigating committee. Broussard mass Neely Smith That is a serious charge. I am amazed that those who heard Bruce Harris Norbeck Swanson Capper Harrison Norris Trammell it did not take exception to it, as exception has been taken to Caraway lleflin Overman Tyson what I said in refuting it. I never he..·ud of a paper disappf'ar Copeland Howell Pittman Walsh ing. I do not know where a :tile is. I ha-ve ne-ver been asked Dill Johnson Ralston \\"beeler by the Treasury Department or anyone else to assist them in KOT VOTING--16 getting papers, and I know of no paper which it would be of Couzens George La Follette Smoot the slight~st value to the Treasury Department to ha-ve. That Edge Greene Lenroot Stephens was a erious charge, and when no one believes such a charge, Ern t Jones, N. ~rex. Phipps UndPrWOOd Fernald Kendrick Schall 1\"arren can .Senators blame me for saying what I think of a charge of that sort? So ~Ir. MosEs's motion was rejected. Mr. ROBINSON. Mr. President, Ire ume the floor. :\Ir. ROBINSON. Mr. President, I move that the Senate Mr. ER~ST. I admit it was not parliamentary-- proceed, as in open executive se~'< ion, to the consideration of The PRESIDING OFFICER. The ,'enator from .Arkan~as the nomination of Charles B. Warren to be Attorney General declines to yield further. of the United States. Mr. ERNST. And I withdraw the remark, because it was not llr. ERNST. Mr. President-- parliamentary. The PRESIDISG OFFICER. Does the Senator n·om A.rkan Mr. ROBH\SON. The Senator certainly knows how to pro f::a yield to the Senator from Kentucky? ceed in accordance with parliamentary rules. He can say that Mr. ROBIKSON. I yield to the Senator from Kentucky, a charge that has been made against him is unfounded, or with the understanding that I re erve the right to resume the that it is without facts to sustain it or to support it, that it discussion myself, at pleasure, if that arrangement is satis- is wholly without facts to support it. factory to him and to my colleagues. · Mr. ERNST. I trust that the Senator from Arkansas will · 1'he PRESIDING OFFICER. Does the Senator yield? make that statement for me, for I confess to him that I was ~Ir. ROBINSON. I yield to the Senator fi•om Kentucky. not-- Mr. ERNST. Mr. President, I realize that the language I Mr. ROBINSO~. The Senator from Arkansas knows noth u ed wa harsh. I desire to withdraw that parliamentary ing about it. The Senator from Arkansas can not testify on inquiry, and, in justice to my elf, I de. ire to read what it was either side of thi ca e, and declines to be called as a witne . that b1·ought forth that statement. Mr. ERNST. Let me make one other statement. Mr. GLASS. Mr. President-- The PRESIDING OFFICER. Does the Senator yield fur- The PRESIDING OFFICER. Is there objection? ther? Mr. ERNST. I had no reference to tlle Senator from Vir Mr. ROBINSON. I yield. ginia. Mr. ERNST. Becau e I want to have it made clear-- Mr. ROBI~SON. I think, Mr. Pre ident, that tllat ~ consti- JUr. ROBINSON. I yield to the Senator from Kentucky. tutes an implied ju tification of tbe tatement- Mr. ERNST. Here is another statement made by the Sena- Mr. ERNST. No; I wish to state-- tor from Michigan : Mr. ROBI~SO:iX. And I will not yield for that purpose. nut the Senator from Kentucky is so anxious to support, and so The PRESIDIKG o:E'FICER. The Senator from .Arkansas allied with the Secretary, and he is so one-Lided, that he has repre decline to yield. sented the Treasmy better than their own counsel ha;e been able to Mr. ROBINSO~. I take occasion to explain that the Sen- represent them, through these entire hearings. He bas been in con ator impliedly justifie~ the language which he withdraws- tact with the solicitors, the agents, and the experts of the committee, Mr. ERNST. Not at all. day after day. The:v hr..ve been rnnning back and forth to his office. Mr. ROBINSOX By reading what he ay -- I know that, becanse hjs offire i next to mine. l\Ir. ERNST. I think that under imilar circumstances the Senator-- Mr. President, if I have e,·er had secret conferences with the representati-ves of the Treasury I do not know when they Mr. ROBINSO~. I yield to the Senator from Kentucky. :Mr. ERNST. Here was the statement maue by the Senator occurred. I said what I did because--though I do not have to fi·om l\1icbigan. Such a tatement I ha"Ve never before had e:xplain-I felt incensed at the course of <:onduct which wa. pursued in thi inn tigation, and I did determine, and I made concerning me: tated publicly at the bearings of the committee that I in The Pr6'bibitlon Unit agents have be n in touch with bjm- tenued, to ee that the Trea UI'Y Department bad an opportu- 228 CO ... JGRESSION AL RECORD-SE~ .A.TE ~!ARCH 14 nity to explain their own side of the case, and when attacked, The Chief Clerk read as follows : that theY should be gi¥en an opportunity to reply. On the 5th day of March, 1925, on the a sembling of the Sennte jn Here these charges are made as utterly without foundation extraordinary ession upon the call of the President of tlle Cnited a · it is possible for any charges to be. I am inclined to be States, he transmitted to it the nomination of Charles Beecher Warren lieve that if my mild-mannered friend the Senator from for the office of Attorney Genet·al. On the lO th day of tlle same montll, Arkansas, one who never loses his temper, had been in the po at the same session of the Senate, after due deliberation, and in con sition which I am in, tllere would have been a knock down and formity with the regular parliamentary procedure, the Senate, l.ly a a drag out, and I would have ,-oted for him to remain in the roll call vote, refused to advise and consent to the nomination. On Senate. the 12th day ot March, at the same session, the nomination was re l\1r. ROBINSON. Mr. President, the Senator hus at last submitted by the President. abul-led the privilege or courtesy which I, by the permission It is not deemed necessary to submit in this connection any com of the Senate, extended him. Such allusions dil:lclose an im ment on the fitness or unfitness of the nominee for the office for which proper spirit upon the part of a Senator who has flagrantly he has been named. The debate attending the discussion of the nomi violated every sente of ·propriety controlling the proceedings nation when heretofore before the Senate affords full information of a great body such as the Senate of the Cnited States is upon that fpature. Other considerations are now involved to which pre ·umed to be. I think that we should pr<>t'eed to the con attention is hereby directed. sideration of busines . The whole di cus ~ ion this morning, (1) Whether the Presiuent has the right or authority under tho precipitated· by the Senator from Kentucky, was out of order. Constitution to submit to the Senate a nomination for public office There was no motion pending before the Senate, r:.o far as theretofore, at the same l' ion, rejected by it is open to the gravest I know. doubt. No President has ever ventured to do so, so far as your com Ur. GLASS. :\Ir. Pre~ident-- mittee in the limited time at its command has been able to ascPrtain, The PRESIDING OFFICER. Does the Senator from Ar save President ·Tyll'l', who, on the same day, three times submitted to kan. · a~ yield to the Senator from Virginia? the Senate the name of Caleb Cu shing for Secretary of the Treasury, :\1r. ROBINSON. I yield. the nomination being a often rejected by the following vote: ~Ir. GLASS. As a matter of fact, I had not concluded my Fir ·t. Yeas, 19; nays, 27. remarks-- Second. Yeas, 10; nays, 27. :\Ir. ROBINSOX. Yery '''ell-- Thit·d. Yeas, 2 ; nay • 29. Mr. GLASS. And had not taken my seat, when all of this Kot even President Jack on, fiercely uncompromising fighter that he disturbance iriter¥ened, not that I am going now to extend my was, assumed any such authority, notwithstanding his nominations remarks, further than a single statement, which I very ear were repeatedly rejected by the Senate in the midst of one of the most nestly de ired to make when interrupted by the Senator from heated and acrimonious political contests recorded in our annals. It Kew Hampshire, a statement in justice to the Treasury De- is a very reasonable inference that no Pre ident except Tyler evet· partment. . assumed such authority, because no other en~r uelieved the Constitution 'Yhen I brought to tlie attention of the Secretary the case warranted him in pur uing uch a course. The point was not debatl'd of a taxpayer in my State, he very promptly stated to me in the instances in which the rip;llt was as erted by the President, the that it was an indefensible thing for the Treasury to ha,·e opponents of confirmation apparently contenting thpmselves with a done, and he yery promptly overruled the action, as did the prompt vote upon the nominat ion which they undoubtedly knew would Commis ·ioner of Internal Revenue. I felt that that statement be rpjected. ought to be made, and I would have concluded my remarks The provision in the Federal Constitution touching tbe necessity of "itll that statement. confirmation by the Senate of nominations made by the President for public office has its counterpat·t in the constitutions of nearly every NOMINATIOX OF CHARLES BEECHER W.\RRE~ State in the Union. QuHe generally, if not uni\·ersally, they pro Mr. ROBIXSOX I mo\ e that the Senate, in open execut ive vide for the appointment of certain officers by the goverJWr on the ad ession, proceed to the consideration of the nomination of vice and with the consent of the branch of the State legislature corre· Charle Beecher Warren, to be Attorney General of the "Lnited sponding to the Senate in the National Government. A hurried search State . of the law books has failed to reveal a case in which a govel'llor bas The motion was agreed to. ventured to resubmit a nomination for confirmation theretofore at tll same ~ ession rejectpd by the legislative body whose sanction was ess ll· The PRESIDING OFFICER. The question i. •, ·wm the Senate adrt e and consent to the nomination of Charles Beecher tial to the at)pointment. Warren to be Attorney General of the "Cnited States? The Constitution was fmmed in view of and is to be co n, trued in tb :\lr. HATIRISOK I a k for the yeas and nays. light of well·e tabli hed principles of law. That it is to be read in con ::\Ir. PEPPER. l\Ir. President, I desire to trespa s for a few nection with the common law all will admit, and equally it must l.Je moment upon the patience of the Senate by tating, as briefly interpt·eted with such aid a may come from established principle of and as clearly as I can. the reasons why on a former occasion parliamentary law. A universally recognized principle of that branch I yotecl for the confirmation of this nomination, and why I of the law is that a que tion once having been considered by a par liamentary body and finally dispo ed of adversely it can not be again propose to vote for confirmation when the vote is taken on this presented during the current se sion. The principle was expressed in a occasion. formal rule of the House of Commons of Great Britain, dating from On the former occa ion I had intended to make the remarks 1610, and by a similar rule of the House of Lords, dating from 160G. which I now propo. e to make. I withhelcl them because at the rre ~ uma bly the framers of the Constitution 1..-new of this principle and end of a long and tire ·orne day it seemed good, in the judgment intended that considering that when the Senate had acted adversely of those who were guiding the business of the Senate, to pro upon the question of the appointment of one nominated by the Presi C{:'ed at once to a vote, without further debate. dent t o public office it could not at the am~ session consi tently, ::\Ir. 'yA.L SH. :\Ir. President-- with established parliamentary u age, consider the subject further, he The YICE PRESIDENT. Does the Senator from Pennsyl was not to be inve. ted and wa not invested with the power to resub "\'"ailia yield to the Senator from :Montana? mit the nomination. :Jir. PEPPER. I yield to the Senator. ( 2) B4tt if there u no implied denial of the right of the President :\It'. WALSH. I was temporarily out of the Chamber, and to resubmit a nomination, the Senate is forbidden by its rules to enter ha\e just returned. I regret to interrupt the Senator, but I tain it. As they are to be construed in the light of establishl'd parlia understand he i. proceeding to speak on the Warren nomina mentat-.r usage, no specific prohibition would be necessary, but Tiulc tion? XIII specifically provides that: ~lt·. PEPPER. Yes; I will say to the Senator. " 1. When a question has been decided by the Senate, any Senator Mr. WALSH. Let me . ay to the Senator that I ha\"e pre-· voting with the preYailing side may, on tlle same day or ou eithl't' of pareu a brief re1101't, to accompany the report of the Committee the next t wo days of actual se. sion thereafter, move for a r reon on the Judiciary on this nomination, and if it would not be sideration; and if the enate shall refu e to reconsider, or upon n •co n trouble~ome to tl1e Senator, I should like to get leave to have sideration shall affirm it first decision, no further motion to recon it read from the desk before the Senator proceeds, so that he sider shall be in order unless l.Jy unanimous consent. E"\'t>ry motion to may addre him elf to it, if he desires to do so. reconsidet· shall be decided by a majority vote, and may be laid on the :Mr. PEPPER. Certainly, :\1r. President; I shall be glad if table without atl'ecting the question in reference to which the .arn e iii the Senator from Montana will follow that cour;:;e. made, which shall be a final dispo ition of the motion." ~Ir. W A.L 'H. I ubmit, to accompany the report made by the Such a motion was made with reference to the vote by which the Judiciary Committee, the following ob. erl'ation on the nomina· Senate on March 10 refused to advise and consent to the nominat ion tion. and a k that it be read from the de:·k. of Charles Beecher Warren for Attomey General and wa s by vo te laid The YICE PRE~ID E NT. The Secretary wiU read the report. on the table. The que tion now before the Senate is the illeutical que:s· 192.5 CONGRESSIONAL REOOR. D~EN ATE 229 tion then voted on, namely, Will the Senate aavise and consent to the some of the great leaders of tb~ past. There were days when nomination of Charles Beeeher Warren as Attorney General? What the professional attainments of one lawyer were well known significance can be attached to the resubmission of his name for the all over the country, but the American bar is now so large, the same office unless it be a request from the President for a recon country so \ast, our interests so diverse, that it is seldom sideration by the Senate of the nomination then rejected? The ruies nowadays that any one man attains a national reputation until forbid that the request be complied with. he actually enters the service of the Government at Washing (3) Even though the constitutional authority existed and the rules ton and in some particularly conspicuous case. did not for"J}id, it would oo in the last degree uns-eemly in the absence It so happens in the case of Mr. Warren that I have known of any showing from any quarter in the Senate at the mere request of of hlm professionally for many years, and in the good temper the President of the United States to reverse its action in such a and good spirit which I think should characterize these dis matter: The -power of his great office is said to be in excess of that cussions I rise simply to bear my testimony as a fellow mem enjoyed by any constitutional monarch. The wisest and most patriotic ber of the profession to w.hat I conceive to have been his among the founders of our Government and the framers of our Con professional achievement and to bear my own witness of regard stitution harbored anxieties about intrusting him with the power to for his character and for the abilities which I thilik abun appoint all F ederal officers, and dreaded the influence it would permit dantly qualify him for the office to which he has been nomi him to exercise over the action of either or both Houses of Congress. nated. The distribution of what has come to be called patronage was reluc I knew Mr. Warren fi!st because it so happened that many tantly placed in his hands because no safer or more practicable method years ago I became interested in the then pending dispute be .could be deTised. The peril Df permitting him again and again to tween Great Britain and the United States respecting the endeavor to impose upon the people a nominee unacceptable to the Bering Sea and the rights acquired by the United States under Senate, particularly in a case in which as in the present instance the cession from Rus ia when Alaska became a Territory of the •ote taken upon the nomination is close, need not be enlarged upon. United "States. I first knew Mr. Warren at that time because lt is the o-pinion of the committee that the nomination should be be was the cotmsel for the United States in that international promptly r('jected. proceeding. Mr. PEPPER. Mr. President-- I learned at that time what has been confirmed by personal Mr. SPENCER. Mr. President, will the Senator from Penn- observation, that Mr. Warren is a man. of unusual native sylvania yield to me for a moment? · ability, of a peculiarly sound educational equipment, of the The VICE PRESIDEJ\"'T. Does the Senator from Penn kind of legul capacity which enables a man not only to know sylvania yield to the Senator from !.Iissouri? the law but to u·y his cases effectively, whether before a jury Mr. PEPPER. I yield. or before an appellate tribunal. H-e studied law under a dis Mr. SPENCER. May I ask the Senator from Montana tinguished teacher, Judge Carpenter. He won his spm·s in whether the report -just read was ever voted upon by the the active practice of his profession in his home community. Committee on the Judiciary? Be oon gained a recognized place for himself among the lead Mr. WAL.I:ffi:. Does the Senator refer to the tatement? er of the ·profession and was heard with respect when he rose M1·. SPE "'CER. Yes. to speak in the appellate courts of his State. Mr. WALSH. No. It bas been prepared since the vote was He acquired a ~ubstantial practice before the Federal courts ; had. The Senator from Missomi, I suppose, is quite familiar and it was becan ~ e he was an outstanding figure that be was with the ordinary procedure before committees. The vote on a retained in l\Ir. Roosevelt's administration as counsel for the question of this character is taken ·an{} some one on the pre United States, mth distinguished associates, in connection vailing side is directed to report the same to the Senate, and with the North Atlantic fisheries arbitration between the be ordinarily accompanies it with a written report. That pro United State' and Great :Britain before The Hague Tribunal. cedm·e was followed in this particular instance. In that case he conducted himself with the credit which was Mr. SPE ... TCER. So that the report which the Senator has freely accorded to him, even by those who criticized hlm most now pre"' ented to the Senate was ne\er -coru:;idered by the sharply in the course of this debate. I have read with interest Committee on the Judiciary? and profit tlle oral argument which he made on that occasion, Mr. W ALSll. I have o stated. It was not considered by and I entirely subscribe to the 'view that it was not only the Committee on the Judiciary, but it was considered by "lawyerlike" but an extraordinarily able presentation of an tho e ~enators who voted in the majority. It is their report. extremely difficult international question. The difficulty and The Committee on the Jndiciary lurring detel"'Dined to reject delicacy of the question involved is indicated to some extent the nomination, the reasons which impelled the majority to by the fact that even the international tribunal was not at one vote as tiley did were, as a matter of course, not submitted in regard to the proper decision of it. There was a division of to those in disagreement. opinion in the court. MI·. SPENCER. I do not criticize the Senator .at all in tile Mr. Presi to give it; and the Senator from Alabama not being in the Mr. McKELLAR. 1\Ir. President, will the Senator yield for Chamber, I assumed that I might follow a similar course in his anoth-er question? case as in the case of the Senator from Michigan. Mr. PEPPER. I yield to the Senator. Mr. FESS. .31r. President, will the Senator yield? Mr.. McKELLAR. I want to ask whether this is a social Mr. PEPPER. I yield to the Senator from Ohio. organization, or a political organization, or what kind of an Mr. FESS. When we discussed the matter before, it was organization is it? stated on the floor of the Senate that 90 per cent of the people 1\Ir. CUMMINS. The Union League Club? of Michigan would be against this confumation. While I l\lr. McKELLAR. Of Detroit, Mich. should not regaru that statement, e\en if true, essential as to llr. WATSON. Of any place--every place. the determination of the qualifications for this particular l\Ir. CUMMINS. I never investigated the character of the office, bas the Senator any evidence as to the popular view organization, but I assume that the Union League Club of point in the State of Michigan? Detroit is a club founded upon the same principles that char Mr. PEPPER. Mr. President, I am informed that one or acterize the Union League Club of Chicago, the Union League more Senators in the Chamber are in possession of an indorse Club of New York, and various other union league clubs ment of the nomination of Mr. Warren by the Legislature of throughout the United States. It is founded for the purpose of the State of Michigan. I am not advised myself on that JlOint, cultivating and advancing the fundamental princi:ples of the and I may be misinformed. My own information is derived Constitution of the United States. · from personal observation of Mr. Warren and profesBional Mr. KING. Mr. President, will the Senator yield? contact with him, and the testimony of the telegrams I have Mr. CUMMINS. I have no power to yield. I will yield so read, supplemented by a number of other telegrams which se.em far as I can. to me less significant, and which therefore I am not readmg Mr. PEPPER. I am glad to yield to the Senator from Utah. into the REcoRD, but which in their way bear testimony to the Mr. KING. The Senator, of course, is familiar with current same effect. events, and with our history, and with political clubs. . Does he Mr. FESS. If the Senator will permit me, I had understood not know that the Union League Clubs of Pennsylvania and that there had been action in the State legislature, but I did New York and ·a11 of the subsidiary organizations and the chil not know where the information was. dren bearing the same name are. devoted particularly to pro Mr. BORAH. Mr. President. the matter was published in tectionism and generally to Republicani~'ID? the public press, and the resolution as passed by the legisla Mr. WATSON. No. ture was printed. I think there is no doubt about it. Mr. CUMMINS. No, Mr. President; no greater mistake was Mr. PEPPER. I hesitate, Mr. President, to state it as a ever made than is suggested in the remarks of the Senator fact, because it has not come to me in the form of an author from Utah. The union league club has a much broader mi " ized communication. I saw the statement in the press to which sion and foundation than the advancement of the doctrine of a the Senator from Idaho refers, and I assume that it correctly protective tariff. I have no doubt that most of these clubs are states the fact; to wit, that the Legislature of Michigan has advocates of the protective tariff, as all good citizens shoulu be. indorsed this nomination, and has urged confu·mation. 1\Ir. REED of Missouri. Mr. President-- Mr. FESS. Mr. President, may I further interrupt? The VICE PRESIDENT. Does the Senator from Pennsyl Mr. PEPPER. I yield to the Senator fi·om Ohio. vania yield to the Senator from Missouri. Mr. FESS. I should think that would be a reasonable Mr. PEPPER. I do. interpretation of what the public mind in Michigan is on the Mr. REED of Ml souri. If the Senator will refer to the matter. telegram, he will see that it states in the body of the telegram that the Union League Club of Detroit is a Republican organ \ Mr. PEPPER. I should so regard it, Mr. President. It . . eems to me that very great weight hould be attached to a ization, of course, and I am not complaining of that; but there legislative action of that sort, becau e we know from our com ought to be no trouble in identifying the clubs. They are Re mon experience that Representatives and Senators in State publican organizations. legislature assembled are to a peculiar degree in touch with Mr. CUMMINS. I think in the main it is a Republican the sentiments of their home communitie , and collectively organization, although I have reason to believe that there are they represent the entire population of their States. a good many men of the faith professed by the Senator from Mr. C{)'MMINS. Mr. President-- Missouri who are members of union league clubs throughout the Mr. PEPPER. I yield to the Senator from Iowa. country. Mr. CUl\iMINS. While the Senator from Pennsylvania is Mr. REED of Missouri. They are not very strong in the upon that particular subject, in order to make the showing faith. somewhat complete, I . should like to read a telegram that I Mr. WATSON. Mr. President-- have received from the Union League Club of Detroit, which Mr. PEPPER. I yield to the Senator from Indiana. I take it is a very respectable institution, and onght to com Mr. WATSON. The union league club originally, if the mand the confidence of the Senate. This telegram I received Senator will permit me to say so, was founded during the on the 12th day of the present. month. It is addressed to me, Civil War, and primarily was designed to aid in saving the and reads: country. It was wllat its name purports and implies-a union league. These clubs are scattered over the country in the The Detroit Union League Club, comprising 2,000 representative large cities, and they are Republican clubs, the object of which Republican voters of Michigan, herewith express their sincere apprecia is to promote the principles of the Republican Party. Of tion of your support of President Coolidge in the confirmation of our course, there are Democrats in them, but they are Democrats fellow member, Ron. Charles B. Warren, for the great office of Attorney who vote the Republican ticket. [Laughter.] General of the United States, and we are confident that the great Mr. PEPPER. l\Ir. President, I assent to what has been majority of Republican voters in Michigan, as well as in the Nation, said by the Senator from Indiana. I am inclined to think indorse the President's action in resubmitting Mr. Warren's name for that the Union League Olub of Philadelphia is, if not the further consideration by your honorable Senate. We know that he parent organization, at least coeval with the oldest. I believe possesses the professional qualifications and the requisite integrity for that it bas, like every union league club throughout . the the office, and most respectfully urge you to further eft'orts to secure country, a high reputation for standing; and while a partisan his confirmation. organization in the sense that it is devoted to those principles 1 which its founders esteemed to be essential to the preservation \ That is signed by the board of directors of the Union League and maintenance of the Union, they know merit when they Club of Detroit. see it, and they have been known on occasion to recommend :Mr. BLEASE. Mr. President, will the Senator permit a for office or indorse or extend hospitality to those of oppos question? ing political faiths. Mr. PEPPER. I yield to the Senator from South Carolina. l\Ir. Pre ident, my particular concern this afternoon is, in Mr. BLEASE. Wns that resolution passed in a convention of an informal way, and, as I said, in the spirit in which I those people or signed, without the con ent of the people them think one member of the bar should speak of another, to selves, by the officers? I am addressing the Senator from Iowa. bear testimony to my own con1iction of this man's peculiar I have had some experience with matters of that kind. Was it legal qualifications for this high office. passed by a convention? I do not propose to discus at length the constitutional ques Mr. CUMMINS. The telegram is signed-and that is all the tion or the parliamentary que ·tion which was the subject information I have about it-" Detroit Union League Club, by of the report read a few moments ago at the request of the its board of directors." Senator from Montana [1\lr. WALSH]. I have not. devoted to Mr. BLEASE. I thank the Senator. I am satisfied that it is that subject anything like the study that he has given to it, by tile office1·s only. but 1 venture to think that upon reflection Senators will agree 232 ·coNGRESSIONAL RECORD-SENATE 1\Lrncn 14 that there is a very clear and substantial distinction between country calmly reviews the transactions of to-day and of the the pa1·liamentary rules that are evolved by a legislati\e body days that have preceded, that the most respon. ible of those who for its own government, and the course which should obtain have opposed the nomination have conceded the entire fitness when to the legislative body, as a coordinate department of of Mr. Warren to be appointed an ambassador to a foreign go-vernment, the Executive submits from time to time official government or Secretary of State of the United States. I think <:o mm unica lions. it is only fair to l\lr. Wan-en that it should be realized that it I should Ruppose, 1\Ir. President, that every time the Execu has been conceded upon the floor that if the presidential nomi ti'e sends a communication to the Senate, whether by way of nation had been to what in popular judgment is the most im submitting a treaty, or by way of submitting a nomination, portant place in the Cabinet-the office of Secretary of State that that is a new act, a new Executive act, and that if by there would have been no justification on the part of the Sen chance, by accident, by design, there is resubmitted a treaty ate in voting adversely on tbe nomination. or a name which has theretofore been the subject of a previous Therefore what the Senate is really confronted with is the communication, the Senate is bound to receive this as a new rather delicate discrimination between two Cabinet offices, l>e Executive act, and must proceed to consider it irrespective of ginning with the concession that the man whose nomination the cil'cumstances, quite subordinate in importance, as it seems has been sent to us would have been a perfectly proper ap. to me, that the Executive has seen fit to send the same name pointee for the greatest office in the Cabinet, but that in a or the same treaty or the same document back a second or rarefied ethical atmosphere "We are to discriminate between the a third time. That is a mere question of Executive discretion. Department of State and the Department of Justice, and to de The President is charged with the responsibility for the cide that he is not qualified for the particular task to which execution of the laws. He must have an Attorney General. the President has designated him. He must, under the Constitution, seek the advice and consent Will that position bear analysis? I wonder what would have of the Senate. If be sends the name of Mr. Warren to the happened, when there was a vacancy in the office of Secretary.' Senate, and the Senate rejects the nomination, the President's of State and Mr. Warren had been named for that position and responwibility is to make another submission to the Senate. confirmed by the Senate, as he would have been-just as the· If, in his good judgment, the public interest requires that be Senate has twice confirmed him on Executive appointments to ' should make l\1r. ·warren's name the subject of a new sub important diplomatic posts-if after the Senate had confirmed mission, he may do that thing, and he might do it a third time. him as Secretary of State it had seemed wise to the President,· I know of no limit to which the thing might not go, exce11ting upon the occurring of a subsequent vacancy in the office of the limit of Executive di cretion. Attorney General, to send in to the Senate the nomination of The precedent in the case of President Tyler's admini~tra the man who was acceptably filling the office of Secretary of tion is a precedent in point, although I believe objection was State to become Attorney General of the United States. Would not raised. I quite agree to what the report outlines as a it not ha\e been a -very difficult matter for Senators to per matter of parliamentary 11rocedure, self-imposed regulations suade the country that an ad\erse -vote upon that nomination in the interest of going ahead with business. It must be true was dictated by any other desire than a desil'e to embarrass the that a legislative body can determine that after once acting President? upon a matter at a gi\en session the thing can not be recalled Please observe, Mr. President, that I am not suggesting that except by motion to reconsider, and if that be laid on the any Senator has either spoken or -voted in this matter with any table. the thing is ended. desire to embarra ·s the President. I am suggesting that in the Mr. FESS. Mr. President, "ill the Senator yield? contingency which I am supposing, where Mr. Warren is in :Ur. PEPPER. I yield. imagination sitting as 'ecretary of State and functioning satis Mr. FESS. The enator will recall that Tyler was elected factorily in that high place, if he were to be nominated to us as a Whig on the ticket with Ilan·ison. and, Harrison dying for transfer, a it were, to a not more important office in the mthin one month after inauguration, Tyler ultimately, and same Cabinet, would there not l>e great difficulty in persuading Yery quickly, came into conflict with his party. Instead of the country that the withholding of confirmation of that nomi continuing as a Whig he was distinctly a Democrat, in accord nation was not something that was due largely to a desire to ance with the predominant views in his State. Virginia, and embarrass the President·: there was a controversy between him as Executive and a Sen 1\Ir. GLASS. Mr. President-- ate which was elected with him. but which did not take the The VICE PRESIDENT. Does the Senator from Pennsyl same course. Consequently, it was ju t a personal contro\er ·y, vania yield to the Senator from Virginia? ·which is \ery easily understood. Mr. PEPPER. I yield. Mr. PEPPER. Mr. President, I had a general recollection Mr. GLASS. The Senator from Pennsyl\ania has not aid of the precedent, not nearly so clear and substantial as the that those who voted against the confirmation of Ur. Warren Senator's. It is a precedent, and must be taken into account were prompted by a de ·ire to embarrass .the Predident, but ·er and my judgment is that when the whole subject has been tain new papers have made that assertion, and it would be in calmly and dispassionately reviewed the Senate will come to teresting to me, at least, if the Senator from Pennsylvania the conclusion that it can not properly take the position that would point out, if he at all concurs in that opinion, just why an Executive communication will not be receiYed by it, or Senators who are opposed to the confirmation of Mr. Warren will not be acted upon by tt, merely because a previous Execu would want to embarrass the President as to this particular tive communication has been disposed of in a certain way. appointment. l\lr. WATSON. Mr. Pre ident, has that question been rai~ed Mr. PEPPER. Mr. President, I hope the Senator will not here? pre s me for an answer to ·that question. I "Want, in every 1\Ir. PEPPER. The report of the majority of the Judiciary tiling I say, to err ou the ide of temperatenes. and moderation. Committee, which was read at the desk, raised the point, and There may be thingMin my mind which it eems '\Yiser to me the Senator from 1\lontana [l\Ir. WALSH], when he asked me to not to eA"J}re. s. I do not want to hav-e my inmost thoughts on yield for the purpose of enabling him to present the report, did this situation elicited by a question. me the courtesy to ask me to ha\e that in mind in the cour e · 1\Ir. GLA. 'S. Some ~enators who have voted against the of what I might say. confirmation of 1\Ir. Warren, and perhaps other Senators who Mr. WATSON. Did he state that the question "WOuld be now think they shall Yote against the confirmation of Mr. raised in a parliamentary way? Warren, would like to know-and it is not a question of idle Mr. PEPPER. I do not anticipate that any such question curiosity-if they are charged with taking that position merely "Will be raised, because I fancy that if it was to be raised it to embarrass the President, why they should not ha\e taken would have been affirmatively recommended by the majority it in the case of Mr. Stone merely to embarrass the President. of the committee. Why attempt to embarra::; the President on thi · occasion, and Mr. WATSON. That i what I thought. fail to try to embarrass him on numeron other occa ions? Mr. PEPPER. I ha\e given such study and consideration Mr. PEPPER. Mr. President, without reference to what the as I am capable of gi>ing to the testimony and arguments press has said, or without reference to what indiYiduals have adduced here as tending to show that Mr. Warren is unfit for said, it can be recorded as part of the record of this dellate the office of Attorney General, the unfitness in this instance that the Senator from Pennsylvania has made no 8Uth state depending upon circumstances other than those that have to ment. I say nothing with regard to the motiv-es which have ac do with his legal ability and experience. tuated any gentleman in this Chamber in respect of his -vote I must confe ·s that I am not impressed with the weight of on the former occasion, or the -vote which he is about to cast those considerations. I listened with great attention to any now. word that might fall from the lips of Senators in the way of Mr. GLASS. That is undoubtedly true, hut knowing what impugning the integrity or honor of 1\Ir. Warren, but I heard an a rt:ute and keen mind the Senator ba~, I thought maybe be none. Indeed, it should be realized by the country, whe~ the might be willing to come to the aid of the new. pnpers which 1925 CONGRESSIONAL RECORD-SENATE 233 have taken this position, and giYe us a reason for a statement Mr. ·KIKG. Mr. President-- of that sort. The VICE PRESIDENT. Does the Senator from Pennsyl l\lr. PEPPER. Mr. President, I think, howe-rer much I may vania yield to the Senator from Utah? need the support of the press, the press needs no support from llr. PEPPER. I yield. rue. . Mr. KING. Does not the Senator think he is unfair in giving Mr. GLASS. It needs the support of somebody rna statement some support, if not much support, to the unfounded state of that sort. ments of the press with respect to the idea that there is a Mr. PEPPER. I shall make no affirmation and no denial. desire upon the part of Senators to embarrass the President? I merely content myself with observing that I personally, after Does he not know that some of the stoutest opponents upon gi\ing a much attention as seemed P?Ssible to the arguments this side of the Chamber of the confirmation of 1\Ir. Warren and the evidence adduced here respecting the gentleman whose are Senators who have supported the President upon matters name is before us, have come to the conclusion that he is which he considered most important, and the defeat of which t1ualified for this office, and that he ought to be confirmed; and he would have regarded not only as a defeat of the administra .I am perfectly willing to assume that any gentleman who tion but a perso!!_al humilitaion, whereas upon the other side cliffer from me, differs for the best of l'easons, and without of the Chamber on those same questions Republicans who call any purpose to embarrass anybody. themselves loyal were opposed to the P.resident? For instance, In a moment I am going to state what I really belie\e to be on the Japanese question, the question of the postal salary bill, at the bottom of the question of this gentleman's fitness or the question of the bonus, there were Democrats who stood with unfitness for the office. the President at a time when a defeat for the President would Mr. WALSH. Mr. President-- have been a humiliation, and their support saved him and the The YICEJ PRESIDENT. Does the Senator from Penn administration from defeat. How can the Senator justify the . ylvania yield to the Senator from Montana? charge that there is an attempt upon the part of the opponents Mr. PEPPER. I yield. of the confirmation of Mr. Warren to embarrass the President Mr. WALSH. Before the Senato1· goes to that matter I of the United States? ~hould like to see if I correctly understand the Senator's state 1\Ir. PEPPER. Mr. President, the Senator from Utah will ment made just before the interruption of the Senator from do me the justice to recall that I made no reference to the Virginia. It was, as I understood it, to the effect that if Mr. press statements on this subject. I have not suggested or Warren's name had been submitted to the Senate for the office meant to imply that any Senator has voted or will vote on this of Secreta1·y of State and in view of his record as a diplomat question from any motive but the best, and certainly with re the Senate should be prevailed upon to confirm the nomination, gard to the Senators who have interrogated me it would be and then afterwards he was named for Attorney General, the furthe t from my thought to make any such implication. I inference would be quite conclusive that any opposition to him was asked by a Senator on the other side of the Chamber, who for that office would be inspired by a desire to embarrass the asked me to yield for the purpose, what comment I cared to President. . make on certain statements in the press which he called to my 1\lr. PEPPER. I think the stenographic notes will show, but attention, and I did what I think I had a right to do--decided mY clear recollection of what I said is that if such a contingency to leave them severely alone, because I had not intended to a; the Senator from Montana ha now outlined were to arise refer to them, and it is no part of my purpo e to do so now. ~enators would find it hard to persuade the country that their l\lr. GLASS. Mr. President-- Yotes had not been cast, if in opposition to the transfer, out of Mr. PEPPER. I yield to the Senator from Virginia. a desire to embarrass the President. I use that expression Mr. GLASS. I interjected the inquiry because it seemed to nclnsedly, because there is a great difference between the mo me that, suggestively, at least, the Senator from Pennsylvania tiYeR that people on a large scale and in the mass impute to was giving color to that very comment. Henators and the motiYes with which Senators actually act. I Mr. PEPPER. I did not mean to do so, 1\Ir. President. am quite aware in such a contingency as we ha"Ve tmder dis · Mr. GLASS. I had some genuine curiosity to know by what <"U."sion that the .~enator from Montana would vote not to process of reasoning anybody could reach that conclusion. I <·onfirrn the nomination of the gentleman for Attorney General am concerned this much, if the Senator will pardon me, right not at all from any motive of embarrassing the administration on that point now. So far from wanting to embarrass the hut because he could make a delicate distinction between the President in thi. ca:e-and I can not conceive why anyone qualification for the two office which would l.le out of the . hould particularly want to embarrass him in this case who reach of the common vision. had not ever attempted to embarra s him in any other case Mr. w· AL. H. Then I understand the Senator now to as ert it had been my purpo e from the first to vote for the confirma that if the Senate should be prevailed upon to confirm him for tion of ~Ir. Warren, just as it was my purpo e from the first, thP office of Secretary of State and then afterwards he were to which I adhered throughout to the conclusion of the event, named for Attorney General, whatever might have been the to vote for Mr. Stone. But if now I feel cDnvinced that I motiyes of Senators voting against his confirmation the country should vote again t the confirmation of Mr. Warren, what would believe that thev had done it to embarra s the President. ju ti:fication on earth can anyone have for the supposition ::\Ir. PEPPER. I can scarcely speak even for my own con that I am actuated by a cte ire to embarra. s the President? F:titueucy, let alone for the country. I have ju. t hazarded the l\Ir. PEPPER. No one who knows the Senator from Vir opinion, and that is the proper phrase to use, because when ginia could possibly have such an idea in his head. I cer any Senator in debate expresse his view of what the cotmtry tainly haYe not. will think under certain ci.rcum"tances, he is hazarding an Mr. GLASS. I do not assume the Senator has; but his op1rnon. I have hnzarded the opinion that in such a con process of rea oning, as it seemed to me, wa giving color to t ingeney as ba. heen suggested a vote not to confirm the trans the comments of certain partisan newspapers to the effect that fpr of an acceiJtable Secretary of State to. another branch of those who hould vote against Ur. Warren would be actuated the PreF:idenf · own official family would be regarded by the by a de ire to embarrass the President. country as an attempt to embarra the Pre ident, unless Sen llr. PEPPER. I did not intend that inference, and I did not ntor~ were able to persuade the country differently, and I do mean it to be drawn. I will say, ~lr. Pre ident, that irrespec not think thP~' conlcl do that. tive of the question of whether individual Senators have voted ~It·. C'ARA,\'AY. Mr. Pre~itlent-- or intend to vote from a motive of embarrassing the Presi \ 'rhe VICI·~ PRJ.J~IDEN'T. Doe. the Senator from Pennsyl dent, it is certainly true that thei'e are many Senators in the I, nmia yield to the Hf'nator from Arkansas? Chamber who are departing, perhaps for the first time, from J\Ir. PEPPER. I yield. the fixed principle of facilitating the formation of his own ~Jr. CARAWAY. The Senator would not urge, however, official family by a President who has recently been inducted that hecaw·e the country might misunder tand their motives, into office. There certainly has been a paucity of precedent SPnator: ::;houl or not the Senate shoulu assert its prerogative to veto an Mr. GLASS. 1\Ir. President-- appointment of the Pre~ident for a position in the Cabinet or 1\Ir. PEPPER. I yield to the Senator from Virginia·. any other appointment. We have that question before us Mr. GLASS. If the Senator will pardon me for once more e-very time there is a que. tion about confirming an appointment interrupting him, just because, as he states, it ha.s been the made by the President. practice to confirm without question the nominations by the ·we haT"e heard a great deal said about the right of the President gf the · members of his Cabinet-and I happen to President to choo~e the members of his own Cabinet, or what know that quite a number of Senators on this side of the he calls his own official family. There is or seems to be a Chamber, including myself, would have instantly voted for general opinion in the country that it is not any of the business the confirmation of Mr. Warren as Attorney General purely of the Senate to question his exclusi-ve right to choose the because that has been the practice-does the Senator from members of his Cabinet. I think that is an entirely erroneous Pennsylvania contend, if upon an inquiry, upon an investiga opinion. It has been acquiesced in in practice, I believe, to tion, a Senator comes to the seriom:~ conclusion that a nominee the great detriment of the country, and when I say that I do for such an office is not fit, that, therefore, because of precedent not wish to impugn the moti-ves of the Pre ident. I have the that Senator should vote to confirm him? highest personal regard for him. · 1\Ir. PEPPER. No; I do not say that, Mr. Pre ·ident, but all But when Senators come to the Senate they take an oath to of us reach our conclusions upon these matters as the result of support the Constitution. They do not take an oath to sup weighing all sorts of considerations, one again t the other. port the President. The Constitution gmnts the President the I think that a Senator might very well properly take the prece right to veto acts of Congress, because it was intended that dent into consideration when he is estimating the propriety this should be a government of checks and balances, and the of a particular nomination; but I quite agree that if he comes President was granted the veto power in order at certain times, to tbe eonclusion that he can not conscientiously vote for a according to his best judgment and conscience, that he might nomination that has been sent in by the Pt·esident, then, of cheek the action of Congres.~ to protect what he might con course, he must be true to himself and to his word and to his sider to be the best intere 'ts of the country. I think it was a plighted oath. I quite concede that. wise provision. I do not believe in a centralized go-vernment. JUt·. GLASS. Then, to that extent, the Senator from Penn· I believe as the forefathers believed, that government and the sylvania agrees that, in circumstances of that sort, the com power of go-vernment should be divided. Section 2, Article III, ment of the partisan press upon a Senator to the e.ffect that he of the Constitution, provides that when the President makes is trying to embarrass the Pt·e ·ident is not justified? an appointment for ambassador or minister or "for judges of 1\Ir. PEPPER. I think the Senator has mi ·understood me. the Supreme Court, and all other officers of the I'nited States I am not agreeing or disagreeing with the statements of thE:> · who. e appointments are not herein otherwise provided for and pre s, which I have not seen. I am trying fairly to an.·wer the shall be established by law," he shall do so with the ad-vice Senator's question, and I answer by saying that in making uv and consent of the Senate. one's mind aR to what one should do as to a nomination which Mr. PEPPER. Ur. President, I do not like to break in on has been ~ent here by the President a member of the minority the Senator·s line of argument. Is this a question which I party may, as I see it, very properly take the precedent into must ultimately answer " yes ., or " no "? consideration, and give the benefit of reasonable doubt to the Mr. SHIPSTEA..D. Yes. [Laughter.] nomination. Mr. PEPPER. I hope that I shall have the arne Emcces.c; in .1\lr. GLASS. And if he bas doubt he ought to act on his own giving a ingle an wer to the question as the .Senator has gh·en judgment? to mine. .Mr. PEPPER. If a Senator, hanng considered the mat :.\Ir. SHIPSTEA..D. I am sure the Senator "\\-ill always be ter. comes to the conclusion that there is a question of prin successful in answering any question. ciple, of conscience inYolved, of course he mn~t Yote iu :;uch Mr. PEPPER. Seriously, I am going to ask the Senator not. way as to be true to himself. to make a speech in my time. I want to extend to him every l\lr. KING. l\1r. President, will the Senator from Pennsyl courte...;y, of course . vania suffer just ope interruption'? .lUI'. SHIPS'TE.AD. I do not intend to do so. I simply l\lr. PEPPER. I will yielcl in a momeut. wanted to bring to· the attention of the Senate the constitu I had in mind, Mr. President, this sort of a Rituation, where tional permission or the mandate upon the President and upon a Senator on the minority side, for instance, after maldng a the Senate giving them the right in either case to veto the very strong statement of the principle whirh I have tried to action of the other. If the Senate can be accused of trying to enunciate as to the attitude that the majority should take embarrass the President by refusing to confirm an appointmeut, toward a presidential nomination without any new light on the is it not also then right to assume that when the President ·ituation. uses language like this-and I read from page 101 vetoes an act of Congress he does so for the purpose of embar of the CONGRESSIONAL RECORD: rassing the Senate! In order that the matter may be settled, and as it ems that m~' :\lr. PEPPER. So far as the conJ'3titutional question is con Ride of the Chamber does not want to have this man for Attol'lley cerned, it seems to me that none is Jnvol-veu in the matter I General, I change my vote from " nay·· to "yea." \Ya • discussing. The question of the attitude which a minority party \\ill adopt toward a nomination submitted by the Execu I have in mind situations in which the que:tion is so far open tive js purely a question of government policy expressed in in the mind of a Senator that it become· a mere quef.ltion of terms of party tactics. I am merely calling attention to the. party regularity whether he will vote for u nominatiou or fact that many-I should say mo ... t-members of the minority whether he will not; and I say that under those circurnstauces paL"ty in the Chamber have ueen true heretofore to the proposi I think there is much to be ·aid in fa1or of the precedeut of tion that the President ought to be held accountable for the the Senate. with only a few exceptions over a long period of appointment to his official family and that his nomination." years. that the motion to confirm should receive affirmative ought to be confirmed. I believe, if my memory serves me ·upport. N"ow I yield to the Senator ft·om L'tah. rightly, that they succes fully urged upon the Republican side l\lr. KING. Mr. President, I thauk the Senator from Penn the application of that principle of 11arty policy during the last . ylYania for his courtesy. Suppose that some Senators hone tly Democratic administration. believe that for a number of years the Sherman antitru~t law Kow, l\lr. President, I wish to come back to my line of and the Clayton Act have not been enforced a tbey :hould have thought. I had stated in answer to a que ·tion from the Sen been enforced, that our economic-indeed, our political ator from "Virginia [~lr. GLAss] that I wa · imputing to nobody life depends upon the pre. ervation of the principle of competi any improper moti-ves in tllis matter, and I was not uggesting tion in industry; that corporations and trm:t have obtained that anybody had voted or was going to vote out of a desire to control largely of the indu.~tries of the country, and that if embarra · the President. ther are not checked and curbed our industrial and e ·onomic But I said I would superadd this remark, that I tl.ought life·, as well a our politic·al life, will not only be mena<:etl there were a great many in this ChambeL·-and I refer partie but will be perhaps destroyed.· Suppose they furthet· believe ularl-v to the other side of the aisle-who heretofore have l>l'en that Mr. Warren was for years counected with one of the mo:-;t consi~tent in their advocacy of the principle tbat a Pres;itlent eorl'upt and powerful trusts in the Uniteu States: that he aidetl should be permitted to choose his own official family, that the it in its machinations, aucl that he only recently .·eparatetl Senate should confirm his nominations, and that the Senate, the himself from u corporation which wa. for u long time domi Hou:-;e of Representative , and the country should tilen hold the nated by that trust, and in which that trust is still inter Pre. .:'ident respon. ible for his failtu-e faithfully to execute tbe ested: and. further, that they belie>e that, becau ·e of his laws with the instruments of his own choice. or ~· hould commend former associations he would be controlled or Jed or influenced him and reward him if he is true to the trust which the Con by them, ancl therefore would be indifferent to the enforce stitution imposes upon him. ment of tlrese laws, the enfol'cement of which, a I have in- 1925 CONGRESSIONAL RECORD-.SEN.A.TE 235 dicate Mr. CUMMINS. I say, as the Senator 'from Pennsylvania knowledge, and upon the fact that the representatives in Con has said, that I haye not seen Mr. Warren. I have had no gress from Michigan, numbering in all 1~13 in the House of communication with him of any kind. It has not been sug Representatives and 2 in the Senate-were, so far as I knew, gested that he ought to come before the com.nlittee. unanimously against the confirmation of Mr. Warren. I was Mr. McKELLAR. The statement in the papers was that he not sure about one of them, so I reduced the percentage to had letters in his possession which would refute the other nine-tenths. If Members of Congress represent their constitu letters which were read into the RECORD. encies, I think it is afe to say that 90 per cent of the people of Mr. CUMMINS. I run not responsible for the ~tements in Michigan are against the confirmation of Mr. Warren. the newspapers. They do not disturb me in the least, and In substantiation of some of the things which have been said, with I'e pect to such matters as we have before us, such state and with particular reference_ to a resolution passed by the ments are very largely surmises on the part of the very ener House of Representatives of the State of Michigan, in Lansing, getic correspondents of the newspapers. it was heralded in the press, so far as I saw, at least, that the Mr. WALSH. Mr. President- resoluti-on was unanimously adopted. Tbe truth is that there M:r. PEPPER. I yield. never waB a roll call. There was never a yea-and-nay vote. Mr. WALSH. I am very glad the chairman of the committee When the resolution was submitted, it was suggested that it be hus made his statement, because one of the leading journalistic referred to the committee on resolutions, but the statement was supporters of .Mr. Warren a few days ago endeavored to mini made that if it went to that committee it would be buried, the mize the effect of the testimony that was produced before the proponents knowing that the committee on resolutions would Senate, upon the ground that Mr. Warren had never had an not report out favorably a resolution like that. So the Chair opportunity to be beard, ~ven upon the e matters, and stated put the question, a few hands went up, and the resolution was that he was going to demand that an opportunity be giYen declared carried. I refer now to the resolution introduced in him to come before the Judiciary -Committee. He not having the Michigan Legislature indorsing the appointment of Mr. done that, the same stout advocate this morning says that, Warren as Attorney Gen-eral. of course, Mr. Warren did not come before the committee, On the 12th of March I received the following telegram : becau e a majority was against him ; that the majority con Any new paper report to effect that Michigan House has unanimously trolled the committee, and they did not invite him. Does the indorsed Warren incorrect. We and many others thiuk you should Senator from Iowa think it was at all incumbent upon those have this information. who were oppo ed to Mr. Warren to invite him to come before CHARLES A. SINK, the committee? JosEPH E. WAnxER, llr. CUMMINS. Of course, I do not, and, ~so far as I am Represcntatit:es. concerned, I am not at all in sympathy with the notion of Mr. PEPPER. Mr. President, will the Senator yield for a cross-examining candidates wbo have been nominated for question'? if office. I think I would have voted against the invitation Mr. COUZE~S . I yield. it had been suggested by anyone. I think there was no occa Mr. PEPPER. Does the Senator draw from that telegram sion for calling Mr. Warren before the committee. the inference that no action in confirmation was taken, or Mr. PEPPER. Mr. President, I am quite in accord with the merely that it was not unanimous? views the Senator from Montana expressed a few moments ago Mr. COUZENS. Merely that it was not unanimous. In in W colloquy with the Senator from Tennes ee. It seems to respect to that I wish to say that there was no roll call, no me that thi · is not a case whicn is to be decided by accumulat yea-and-nay -vote, and no one knows, either the proponents or ing testimony or by the making of explanations. The question the opponents of Mr. Warren's confirmation, the attitude of the i on€ -of original appr-€hension. You can take into con idera house of repre entatives in Lansing. tion the record as it . tands, the man's acts, bis words, the Mr. BL~GHAM. Mr. President, will the Senator yield? environment in which be worked, hi individual characteristics, Mr. CO ZENS. I (lo. his personal qualities, his educational equipment, hi legal Mr. BINGHAM. Wa there any objertion raised, or was training, and his public service; and if the impression made it ag-reed to by unanimous consent? upon you is that somehow or other, while be would make a Mr. COUZENS. There was objection l'aised to the resolution good Secretary of State or a good ambas ·ador to the Court of going to tbe committee on resolutions. St. James, as he did make a good ambassador to Japan and to Mr. BlNGHA.M. \Yas there objection raised to the passage .Mexico, he would not do as Attorney General, then there is no of the re olution? use of Mr. Warren coming before the committee, there i no 1\Ir. COUZENS. I do not know. I was not there. I have use of anybody going before the committee to contend differ no e\idence of it. ently, because those minds wbo from that record draw the Mr. BL. '"GRAM. Were there any speeches made again t the inference of unfitness would be _unchanged, though .one rose re olution? from the dead. .1\fr. COUZENS. Oh, yes; there were peeche ma.de again«t I have trespassed upon the patience of the Senate far more the resolution urging that it be sent to the committee on re o-_ than I had intended when I rose. As I said in opening, my lutions. purpose was to say now what, but for .a parliamentary situation 1\fr. BINGHAM. But no votes against it? which forbade it, I would have said when the nomination was Mr. COUZENS. There was no record of any vote. There before us previou ly. I wanted to bear my witness, as a mem were just a few hands held up, from the information I get, ber of th€ American ba:r, to my admiration and regard for this and the resolution was declared by the Chair to be carried. man, whom personally I know but slightly. I wanted to say Another telegram I recei\ed is from Lansing, dated March 12: that it seem to me a grave injustice has been done to him As one member of the lower house, Michigan Legislature, I was not when it bas been heralded oyer the country that he was a man for 'Yarren resolution reported as baving been unanimously adopted without any conside1·aule legal reputation whatsoever, and I yesterday's se sion. wanted to say that, so far as his legal antecedents and environ ment are concerned, I think that his character and his caliber Another telegram from a prominent resident of Adrian, are such that he would be abundantly able to use the experi .Mich.: ence that he gained at an earlier day to the advantage of Ws Heartily appreciate yQur opposition to Warren. Only the Fedet·al country at this later day and that in the office of Attorney office seekers are yelling about it. General he would be a credit to tbe President of the L'nited Another one from Lansing : States, who appointed him. Tllere i ret time for the Senate, not to call on him for an explanation, but to purge it elf by Your position on the Warren appointment approved, and the four voting for the confirmation when we hall come to a vote. transportation brotherhoods of Michigan appreciate the tand you have Mr. COUZENS. .:\lr. President, I will not keep the Senate taken. The confidence of the people in their Government must be very long. The Senator from Pennl3yl\ania (1\Ir. PEPPER] has maintained, and we believe the. appointment of Warren would haYe a tendency to de troy it. introduced into the RECORD some telegrallli! he received from Michigan, and while I was not in the Senate during his en That telegram i signed by the Brotherhood of Locomotive til·e peech, and am not familiar with all he said, I think it is Engineer , the Brotherhood of Locomotive Firemen and En incumhetJ.t upon me to put into tbe REconri ome telegrams and ginemen, the Order of Railway Con-ductors, and the Order of letters 1 have received from Michigan upporting the position Rail way Trainmen. I took when this nomination was up for confu·mation before. I have a number of other communications written by indi I said at that time that I was convineed that 90 per cent of vidual who do not maintain law offices and who do not em the people of Michigan were again t the confirmation of Mr. ploy stenographers and who write with some difficulty. I am Warren. I baNed that statement largely upon my personal not going to detain the Senate to read those, because the attl- (J_O:NGRESSIO AL R- ECORD-SEN_._~TE ~l..:~ROH 14 238 , 'f- ,..: • '-.>"' tncle of the Senate would perhaps be that those are little fel dissolution enjoined the Sugar Trust from ever acquiring any lows and of no particular consequence, but with which idea I more stock of tl1e subsidiary companies, and likewise enjoined r think I am saying for him what he would much better have 1\Ir. KING. 1\!r. President, before the- Senator leaves that said for himself if his tongue still had the power of speech point, will be yield to me brie1ly? and his lips eould give expression to the thoughts of his heart. Mr. REED of Missouri. I wili. What a pity! How often th~ demagogue takes refuge behind Mr. KING Confirming wbat the Senator bas said, if he cares the cloak of a Lincoln or a Washington ! How often he who to have it put into the REcoRD, I have before me the wo1·k of Jus has no defense will in impious impudence compare himself with tice Miller, formerly of the Supreme Court of the United State., , the immortal dead! But it remained for the Senator from one of the most distinguisbed jmists that our country ha.., ever Pennsylvania [Mr. PEPPER] to drag from the tomb the corpse produced. In his great work upon the Constitution he dis of his predecessor and endeavor to hold it up before us t() en ses this question, and he states that sncll conduct as that I which the Senator has been describing-that which has char \, obscure our vision of Warren. Mr. President, I had intend€d to discuss this question this acterized Mr. Coolidge in sending the name of .Mr. Warren afternoon 'in a judicial manner, if I could possibly do so. I again to the Senate--is a violation of the spirit, if not the want :trrst, lest I forget it later on, to make an observation or letter. of the Constitution of the United States. two with reference to the return to the Senate of this nomina Mr. BORAH. Mr. President-- ti.on. I do not say it of the President in harshness. Personally, The YICE PRESIDE...W. Does- the Senator . :from MiJ souri I have for the occupant of that great office tbe kindliest of yie!d to the Serra tor from Idaho?- feeling. He presided here in this body. He was amiable, Mr. REED of Missouri. I do. pleasant, and fair; and no matter what may occa ionally tran Mr. BORAH. Do I understand that the Senators are now spire in this Chamber, there grows up among u all a feeling discu_ssing a constitutional right or a mere que tion of polic~? of mutual respect and ()f good will and some considerable ele Mr. REED of Missouri. The question 1s a mere incident m~nt of charity. But, Mr. President, Mr. Coolidge occupies tlll in my remarks. If however, tlle Senator desires to say any office of the United States Go\ernment, and when he acts he thing with regard to it, I shall be glad to yield to him for that does not act in his per onal ca·pacity but in his o:ffidal charac purpose. ter. w ·e occupy our respecti\e positions not as individuals but 1\lr. BORAH. I was going to say that while it may be an. a officeTs of the people. It is entirely proper, therefore, that incident to thls matter before the Senate, I have no doubt we hould, if ouT judgments differ, disagree in accordance with about the right of the President to send this name back here our judgments. as often a be desires or thinks it wise to do so. It is a mere It i entirely respectful and proper for the President to- send question of policy. Hi constitutional right to do so, it eem · us tbe name of a man whom he may think the majority of us to me, i not in doubt. flo not want. It is quite as proper for rn to reject a man who Mr. REED of Mis ouri. There is undoubtedly a difference we think is unfitted :for the position. ·when we pass a bill and o-f opinion. The Senator- from Utah calls my attention to tlii. the President vetoes it, as was sugge ted by the Senator from work of Justice Miller, and while I do not desil·e to argue Minnesota, he ca ts no reflection upon the Congress thereby ; thi. question I shall read hi opinion : it i his duty to veto it if he believes the legislation a mi~take. This perhnps is not the time nor the. place to express my opinion 'If we pas it over his veto we d() not thereby slap the President upon the nature of that controver y- in the face or mistreat the President. We simply eA.--pres ' our judgment npon our oaths and endeavor to perform our duty. He had been speaking of the impeachment of Anclrew John So I think the President may have felt ju. titled in sending ba ·k son- this name to us~ although I believe that when he did .'0 he marle but I think it clear that, whH~ the light of removal remains in the a T"ery great mistake, and that his action can not be sustained Pre ident, he can put no one in the place thus made vacant for- a under the law. longer p riod than the end of the next succeeding session of the ~lr. President, let us see where the argument of the distin Senate; and that. whether by failure to nominate some per on to fill gui hed Senator from Pennsylvania would lead us. He ays th~ place during that session of the Senate, or by the refusal of the that the President can send in a name and the Senate may Senate to give its assent to uch nomination. the office is, at the Pnd reject it; that the President thereupon may send it in again of that se sion, vacant; and that an effort of the President to keep in the same day or on a different day, and the Senate may reject office the man of his choice hy reappointment under such circumstances it, and that that proce may be repeated so long as the Presi is, at least in sp-irit, a violation of the Constitution. dent sees fit to send the name to the Senate. I do not agree Mr. BORAH. Mr. President-- with that statement If we should give to the Con. tirntion 1\lr. REED of Missouri. I am coming to the next que tion, that kind of construction the Government of our country could if the Senator will wait a moment. be turned into a farce. If the President should continue to The functioll& or the Pre ident and of the Senate in relation to in send the same nomination for each Cabinet office day after appointment to office are o clearly tated in the Constitution that day and week after week and month after month, although it would not seem to be necessary that any question should arise about each were rejected as often as ent in, we would soon have a it. The initiative i with .the PresidPnt, the right to nominate and Government without a single head to a single department, and refer that nomination to the Senate is with him, and the Senate can the Pre ident who did that would come under very severe con have no right to dictate to him whom be shall nominate. demnation. To my mind-and with this one thought I dis Their right i one of approval or disapproval. When they have exer miss the subject, for it is too large a one to argue here to-day cised that right, the President has as little authority to make other the true meaning of the Constitution is that the President has efforts to impose the same nominee upon the Senate, or to continue .him the right to select and nominate a man for a position. When in office, as that oody wo11ld havec to tnterfere with the President's the Senate advises and consents to that appointment the man choice among all eligible persons to such office. Hence any attempt, goes into office and the incident is closed. Likewise, if the by giving the commission to the same person who had been rPjected Senate shall reject the nomination, the. nominee is rejected for by the Senate, after the expiration of its session, or to renominate the that term of Congress at lea t. The proper authority of the same person to the Senate after its rejection during the same se ·sion, Go-vernment has said that he shall not take that place, and the is equally opposed to the spirit if not to the letter of the Constitution President has no more right to send in the same name again and to the just right of either the President or the Senate to exercise than the Senate would have the l'ight to confirm a man one tbe .tunctions and powers which the Constituti-on confers upon either of day and the next day to rescind its confirmation. them. Therefore, to my mind, the action of the President is not only contrary to the spirit of the Constitution, but it is a very That seems to be the opinion of :Mr. Justice 1\Iiller, .who, a· great mistake as well. Certainly, it will not do for either we all know, was one of the greatest of our American jurist . department of this Government to attempt to put coercion upon Mr. BORAH. Mr. President, I wish to say further I do not the other. It would hardly do for the Senate arbitrarily and regard this feature of the discussion as controlling; but I did stubbornly to refuse to confirm any man the President might not desire to have it pass that it was conceded by tho e who send here. That would be exactly on a par with the action of were not voting for Mr. Warren that the President did not have a President in sending here repeatedly a name that the Senate any right to send his name back. It is always dangerous to bad expressed itself as unwilling to confirm and refusing to take tbe views of the men wbo were associated with tbe im send any other name. 'Vbat would the country say of us, peachment of Andrew Johnson with reference to the particular what would we say of ourselves, if we were arbitrarilv to matters which were involved in that case. There were many refuse to confirm for any office any man that the President circumstances and conditions which entered into that contro might send here and thus paralyze the Government? The versy which are not here at all. Besides, that was a matter framers of our Constitution never conceived that either branch which arose in an hour of frightful passion and no feature of the Government would endeavor to proceed to such an ex of it should be regarded as a guide. I have no doubt myself treme as that. but that the President has the constitutional authority, if he 2-10 CONGRESSIO_._ T ...lL RECOI{D-SEN ATE l\lillcH 14 thinks it is the proper policy, to send the name back here for the rejection of this nomination. The best character witness our reconsideration. • this man has produced is the Senator from Pennsylvania [llr. Mr. KING. 1\lr. Pre ident, will the Senator yield? PEPPER], and for his judgment, if he had been closely asso Mr. REED of Missouri. Yes. . . ciated with this man, I would have very great respect. I have :Mr. KING. One of the able t writers upon tbe Constih1tion, very great respect for it anyway, under any cil·cumstances; but a the Senator from Idaho knows, is Mr. W~tson. In yolume against his opinion of the man I oppose the record of the man, 2, page 9S6, if the Senator will pardon me, mthout readmg the as sworn to by himself or as demonsti·ated over his own signa entire paragraph, he states : ture, and as :finally confirmed by the united States Court for The President by reappointing the rejected appointee practically the District of New York by his consent and his admL ion. That is the answer I make. / strikes against the provision of the Constitution which requires con J firmation by the Senate, You know, when a man sends a telegmm you have not much chance to cross-examine him, and sometimes it transpires ou He approyes of the doctrine annotmced by Justice Miller a~d cross-examination that a situation develops as it did once in a condemns the effort of the President to attempt to enforce his country court in my State. Certain lawyers were trying to will upon the Senate by sending the name again to the Senate. prove a good character for a man who did not haYe a very Mr. WALSH. Mr. President, let me inquire from w-hom the good character. They hunted around and appealed to the Senator is now reading? sympathy of everybody that they might discover somebody to Mr. KING. From ·watson on the Constitution. . say that the man's reputation for truth, Yeracity, moral char Mr. BORAH. Mr. President, it does not make much differ acter, and honesty was good. ence what the commentators ay in the way of a generat ex Finally they appealed to a particularly honest and sincere pl·ession ·it is at best an opinion. The fact is, all we have to do old gentleman, who disliked to say anything against anybody, is to take the simple language of the Constitution it elf, and a and ret who hated awfully to commit perjury. '!'hey asked layman may construe it without any difficulty whatever, it him what the man's general reputation for truth and veracity seems to me. Tl.1ere may be a very serious question of poUcy and honesty was. Knowing that there is a distinction between involved both upon the part of the President in returning the reputation and character, the old man said that his reputation name upon the part of the Senate in arbitrarily t·ejectlng a~d was good. Then they said to him, u Well, don't you lJelieve, names. I can well understand the question of policy being a yourself, that be is a perfectly honest man?" The old gen serious one; but it is a question of policy, in my opinion, and tleman said, "Well, now, if you are going to put it that way, not a question of constitutional law. I will have to say that from my dealings with llim he is some Mr. WALSH. Mr. President, I trust that we shall not get what twistiful." [Laughter.] into a discussion of this constitutional question. The report So cross-examination sometimes develops things. I take Yery submitted by the majority of the committee merely says that little stock in these telegrams. At least, they have no weight the question is involved in some doubt, and I think everybody at all against the testimony of the man himself. will concede that much, at least-that the constitutionality of The Senator from Pennsylvania made a peculiar argument, this act of the President is at least in doubt, and it has been namely, that as this man has had long experience with these · declared to be violativ-e of the Constitution by eminent writers trusts and combinations, therefore that he is eminently quali on the Constitution. I fully agree with the Senator from Idaho, fied to destroy t11em. I know there is an old maxim that it however, that it by no means signifies that any one here adopts takes a rogue to catch a rogue, but, like a goou many other that view, whateyer course he takes with reference to the maxims of this world, it does not work, for while a rogue might nomination. catch a rogue, a rogue very seldom starts out to catch a rogue. Mr. REED of 1\Iissom·i. Ko; Mr. President, and I had not The only men who catch rogues, :first and last, are honest men. meant to inject the question here as a matter of controversy; If the Senator from Pennsylvania is right, then let u · e tab but I did want to say, in the course of my remark..;;, what ruy lish a preparatory school for public office. Let us insist that own personal opinion was and is. every man who goes in as Attorney General of the United Now Mr. President, to cle.ar the ground a little further, it States must at some time have Yiolated the trust statutes of has be~n urged, as the. sole defense of 1\fr. Warren's attitude, the United States, and then we will haYe a yardstick b~r which that the Knight case, decided in 1895, had ju tified the practices to measure them, a true pair of scales in which to weigh them. indulged in by Mr. Warren. I deny that. ·we will have a competitive examination and the fellow wlto I say that no good lawyer reading the Knight case eYer has organized the mo t tru~ts and produced the mo. t outrages found in it anything to justify the practices which here appear. will, of cour e, be entitled to the job. I do not intend to read the Knight case or discuss it. I fortify I desire to call attention to the character of l\It·. Warren'.., what I have said by the quotation from the Supreme Court of operations. I traced them the' other day almo. t from their the United States in the Northern Securities ca.se. In the inception, but I now challenge attention to orne of the letter. Northern Securities case the court makes this statement re which were put into the RECORD by the Senator from Montana garding the Knight case : [Mr. WALSH]. These letters are a part of the official record In The Unlted States v. E. C. Knight Co. it was held that the agree of the prosecution of the Sugar Trust and Mr. Warren in the ment or arrangement tbe1·e involved had reference only to the ma7m Federal court. taottwe o1· production of sugar by those engaged in the alleged combi First, I want to challenge attention, when standards of busi nation. ness honesty are being :fixed, to the fact that .Mr. 1Yarren en A.lld the words "manufacture or production " are italicized. gaged in the business of helping to organize sugar-beet com panies that were to compete '\\ith the trust. ·while. he' was But- engaged in that h.-in(\ of orgauiza tion he was ecretly in the Says the Supreme Court- employ of the tru t and secretly acquiring the tock for the trust. if it had directly embraced interstate or International commf.'rce, it Am I making n bar h charge? I am, but it is bn ·ed upon would then have been covered by the antitrust act and would have letters written by and to that gentleman. Let me read a few been illegal. sentences from a letter of March 7, 1005, from Ilavemeyer If it had embraced interstate or international commerce, it to \Yarren: 1rould t1Ien ha'Ve been C01)C1'Cd by the act cmd 1could antitrust • • • when you are in contact with these people, a well as llave been illegal! all others in the stock of corporations in which we may be interested, 'Vhat are the facts here? The evidence taken by the Gov to request them to refrain from rc>ealing in any way our rela ernment in the prosecution of this trust combination showed tions to it. conclu ively that the transactions did embrace interstate busi· ness, did embrace interstate arrangements, the sale and pur Havemeyer to Warren, April 23, 1902: cha e of goods across the lines of States, and the :fixation of • * o buy for account of me and my as. ociatl' up to one-half of prices in the various markets of seY"eral States; so that there the capital stock of the anilac Su~ar Co. of :llicbigan at par • • • never was a time when the practices which were shown in this without committing me to the purchases. case could have been construed as protecteu by the doctrine of the Knigbt case. Therefore I say that that defense ruust be There are otber similar letters. It wa!"l said thnt the.Ne com abandoned. panies were sold out IJy desperate stockholdel's, wllo implored But, 1\Ir. Pre.. Jdent, we ha,·e had some telegrams read to us. tbe Sugar Trust to take them o,·er. 'TVhat i~ the truth al>out I think a man would sink to a Yery low estate who could not get that? Here i. a letter from Haveme~·er to Churchill, of De cember 29, 1902 : at least a few telegrams ~ent from his own ·State in his own behalf. On the other hand, I haYe a flood of letters on my I should wry much like yom interest in the matter of llecuring de k congratulating me and congratulating the country upon u pecuniary intere t in tile other beet- ugar faclories in ~lichigan. col. TGitESSio~:: ~~L nEcOI{D-sEx.l.'lTE 2--ll ('lmrdJill wn~ one I.~ ~vrr--10 CO.LTUllESSIO.!_T_A_L RECORD-SENATE )f... \.RCH 14 now they are told they can make more money if they adYcnture But were there abnormal losses? I have Rbown that they illto new field· of raising beets. They are told that factories doubled the stock in these con~erns, ancl aR a matter of fact I nre ulJout to be e ·ta.ulished, that they will give employment think it is easily suRcepttbJe of demonstrntion that they prob to labor uucl will make an additional market for all that they ably issued eight or nine times as much l'.ltoc·k as there eyer was lll'o Rons of Eqnit~·. you can organize all you please; if ·warren wife used a little · sugar in her cooking she paid her little and the tnu.;t "llL·tribute acreage ., .they will soon pnt you out h·ilmte. of J.msiness! !\Ir. President, there may ha1e been 20 years a,go some RO The re~uH · since the di tribution of acrt>age have been gratifyin~. benighted as to follow a custom which was more or le.-s pr€'va lent in the days of my youth. when the mother took little The clashing of the factories has · almost ent.irely diaappeared. a square piece of cloth, put a little sugar in it, and tied it np ,; Knight ca. ·e." "Ignorance of law. " ":Mere attorney in with a sh·ing and ~tuck it in hPI' bahy'. month. If so, evPry this matter!., ".Just an honorable lawyer practicing his pro- time an American baby took a suck at that he had to pay the fes ·ion!" Yet be is engaged all the time in the e practice . I tlibute to this sugar combination. · have great respect for my profes ion, but the fact that a man is December 31, 1904. Warren win'd to Haveme:rer and asked a lawyer does not grant him immunity for his own illegal acts. his gracious permi~sion to declare a di1i<.lend had been earnc~l. hlr. Churchill was the cloRe a~sociate of Mr. 'Yarren. TheRe The Peninsular Co. (Caro) shows a :rootl profit this rear. men wet·e hunting in pair.. On December 30, 1003, :l'.Ir. The profitll will enal.Jlc the pa.nnent of 6 or 7 pt> r cent dh·iUend anti Chur<:hill wrote ~11·. Havemeyer, as follows: the payment of s:;:;o,ooo on the bonds. Inasmuch as the declaration First. we ha>e too many factories in the Saginaw \alley-too nf11ch of the dividend will come up withln a sllort time, please advise me competition in obtaining acreage. It struck me that it might be whether or not tbis policy is agrceaLlc to you. policy to move one or more of these factories into a better location. They tell tJs tlleHe c·ompanie:;: were broke: that they had to belieting tllat I could obtain ufficient stock to pay all expen es of sell; that ~1r. '\arl'cn was engaged in trying to re ~ cue the moving and at the fiame time obtain a fair price for any factory that I wre<:kage f1·om the SPa and henc.·e took it into the trust port! we may desire to move. Here is a letter written in December, 1004, which shows that That is a preb•nant sentence. :Manifestly they intended to ' t~ey were able to l1UY a 6 or 7 per cent di1icleJ?-d and ~ay o~ get .'Orne one who was uninitiatecl to buy enough stock to move I $nO,OOO of the .bonds of .t~e company. At that t1me th~ 1111e:'k the faCtory and pay for the factory, but they would still o_wn m~~ ~va · not m prob?~;hty at all? l~1:ge. . .· .. the factory. That is a fair inference when one knows the klucl ga n on December u1, 1004, V\ an en "ntes to Havemeye1 · of dealing· these gentlemen indulged in. \.Yill you arlvise me as to whether or not I sball favor declaration of a dividend by the Sebewaing Co. and the building of a drier out Th e comp.etition in obtaining beets has poiled tbe farmer. of the earnings ? · I may say I think I know now what is tlJe matter with the farm lJloc. They were primarily . poiJed by competition Warren wa. the executive officer of the trn -t, ju~t as he will in the sale of l>eets, and that is probably the thing that led be the E>xecnti1e oilicer of the Department of Justice if we con firm him for this office. to the original formation of a farm bloc in the Senate. lliY ::?1, 1!)06. [Laughter.] . :.\It·. CIHs. n. "A.Rr.Ex. Havemerer writes to Thoma:;:, another one of the a~-s:::ociates Detr oit, Mich. :Mr. of " ?arre.n, on July 24, 1!>06, as follows: DEAR SIR: ~orne one bas I.Jeen writing- to . omeuouy that the Menomi You will be intere ·ted in seeing the detail of the proposed cou nee ugar factory thought omething of refi11ing raw ugar. I suppose :s:olidation of the ·ix or seven Michigan beet companif' . * * * any experiment of thi.· kintl would be at the ri::;k of tho. e engaged Mt·. Warren, who ba.s the matter in cbargf', a ure:; me that the in it. I should be very glad to have the in tete, t · of the company pt·eferl"('d st0ek will be so}(l at par. I have told Mr. Wa.nen to pro fnrthert>ll in any way, but I know o well tba t any attempt to refine ceed with the matter up to the actual transfer point, when the whole raw sugar in a hed factory would only r!'~ult in disastel'; that if affair is to be again brought to my attention for definite approval, anything like that i conterupiated, I think due notice should be servl'd and the in>entory, etc., examined by the auditor ~ . on the directors. .is far as our interests are concerned, we should hold them pcrsonallr liaule. Did l\fr. "'urren know 'l'i-hen he organized the ~Iicbigan Sugar Co. tllat it was to be controlled by the trust'? Was the trust Of cour"e you will be discn•et iu handling this matter so as not to awaken any unncce:;!;ary antagoni,.:m. already in cbar~e th1·ongh the ownership of the tock of the sub:·ddiary companie. ? Both of tho.:e que8tion are a.n. wered Yours truly, H. 0. HAYE)lEYER. hy the letter I haYe ju:;:t rea(l. So the master ~poke; and ·o, of cour:::e, obedience came. On December 1, 1904, Mr. 'Yarren wrote to :Ur. Havemeyer In 1!H1 Warren testified before the Hardw·ic:k committee: to ask him what the price should be. Price fixing! The.~e Aftf'r l!lOG I never performed any service for the American Sugar letter~ not only hint at it or suggest it, but they demon trate it. J Co. in counPction with the indtistry in :\lichigan. Pl'icP fixing is a violation of the trust laws if anything in the world can be: I ha ,.c read you a dozen letters ancl telegrams which show DECE~BER , 1, 1904. that he waR eheek by jowl with Ha\emeyer long after 1906! Saginaw office bas nn offer for all of the sugar of Alma Sugar Co. Now . .Mr: President, I haYe another theme to discuss that I remaining un o1<1, amounting to from 70 to 100 car', on the following am willing to go into if it is the will of the Senate to remain terms: PrcsE>nt .American price, le s 10 points for beet, provided the in ession and to vote to-night. Bnt if we are to adjourn, I price is guaranteed up to January 1. think thi. · would be a good tin1e to do it. 1\lr. W A..LSH. 1\lr. President, I feel like saying to the Senator How was it to be guaranteed? was to l>e ,guaranteed, of It from ~1L'3souri that I hope we shall be able to get a 1ote before course, by this company, with the trust back of it, and the two adjournment this afternoon. together would keep the price at that point. That is all there Mr. REED of :Missouri. Very welL If that is the case, I is to that. shall make my remarks all the briefer. They ask for my recommenllation. Do you advise to make the l\lr. HEFLIN. Mr. President, is there any way for us to guaranty against declines up to January 1? Please wire arurwer. find out whether we are going to get a 1ote this eYening or not'? Why should not they make a guaranty against a decline? Mr. ~l\UTH. Only to vote. l\Ir. ROBINSOl. ,., Mr. President. I should like to inquire of They control it all, and all they had to do wa to ~ell to a man and. ay, "We will not lower the price," and the price would not the Senator from Kansas in that regard. go down. · Mr. CCRTIS. l\lr. President, there are se1eral Senators Ha>emeyer to Warren on December 5, 1904: on our side who desire to speak on this matter. I do not think it will be possible to get a vote this evening. I should be per In response to your letter of December 1, I wired y the Senator that I think it best that the matter go over until Notwithstanding various reports e.nd rumors, the President is mak Monday. I do not think there will be any change in the ing every possible effort to se~ure the confirmation of Mr. Warren. result of the -rote if it goes over until 1\Ionday, if that is the As the time is very short, and to accommodate the Senate, be has information the Se11ator desires. consulted certain men and certain Senators as to what course should Mr. HEFLIN. lli. President, I suggest to the Senator from be pursued in case Mr. Warren 1s not "Confirmed. Kansas that we might fix the hour for voting at 4 o'clock. He bas decided on no other appointment. He will offer b1m a recess Mr. ROBINSO~. I will state to my colleague from Ala appointment. He hopes, however, that the unbroken practice of three bama· that it •would be impossible to reach an agreement to that generations of permitting the Pre ident to choose his own Cabinet · effect. I have been all through the matter for an hour or two, will not now be changed, and that the opposition to Mr. Warren, upon and there is at least one Senator here who de ires that the vote further consideration, will be withdrawn iii order that the country be taken not later than 2.30 o'clock; and if an agreement is may have the benefit of hls excellent qualities and the President may made it would contemplate voting not later than 2.30. be unhampered in choosing his own method of executing the laws. :Mr. HEFLIN. Mr. President, as far as I am individually Mr. President, that is handed to me with the statement that concerned, I do not want over 15 minutes ; but-- it is. the announcement that i to be made by the press asso Mr. WALSH. ~Ir. President, I can cut this matter short. I ciations. These associations generally, in dealing with matters object to the propo ed unanimous-consent agreement. of grave importance, attempt to be accurate. It is not for me Mr. CURTI'. :Mr. President, has the Senator from Mis~ouri to say that this statement is accurate. It is not for me to say yielded the floor? that the President bas adopted this policy. Mr. REED of l\H ·· ouri. No; I have not. I inquired Mr. WALSH. Mr. President, will the Senator pardon an whether it was the de ire to go on to-night, or whether we were interruption? going over until Monday. I am perfectly willing to yield the Mr. REED of Missouri. Yes. floor to the Senator if he desires to pre ent anything. Mr. WALSH. I have a statement from one of the press 1\fr. CURTIS. I have suggested a unanimous-con ent request, associations differing in language from that read by the Sen and r understand that the Senator from Montana objects. ator, which I should like to read, with his permission. Mr. ROBINSON. 1\Ir. President, I wish to make a statement, Mr. REED of 1\Iissouri. Certainly. I hope it does differ. with the indulgence of the Senator from Missouri. M1·. WALSH. It says that the White House issued the fol I ' realize that' no vote can be forced this evening if a suf lowing official statement: ficient number of Senators desire to prolong the discussion throughout' the evening. I am satisfied that it will not affect Notwithstanding various reports and rumors, the President is making the result if the vote goes over until Monday. I myself do not every pos ible effort to secure the confirmation of Mr. Warren. As the see anything to be accomplished by the Senate remaining in time ts very short, and to accommodate the Senate, be has consulted session throughout the evening and hearing speeches, some of certain meri and certain Senators as to what course should be pur ued which, at least, will be made for the purpose of carrying the in case Mn. Wan-en is not confirmed. He has decided on no other appointment. He will offer him a recess vote over until Monday. In that view of the matter, so far ~s I am concerned, I consent to the arrangement suggested by appointment. He hopes, however, that the unbroken practice of three the Senator from Kansas ; indeed, I should be glad to see it generations of permitting the President to choose his own Cabinet will effected. not now be changed and that the opposition to Mr. Warren, upon fur ther consideration, will be withdrawn in order that the country may I thank the Senator from MisEouri for yielding ~o me. Mr. REED of Missouri. l\fr. President, I have no desire to have the benefit of his excellent qualities and the President may be unhampered in choosing his own method of executing the laws. consume time in this debate if there is hope for a vote. Indeed, I suggested to those who repre ent Mr. Warren that l\Ir. REED of Missouri. Mr. Pre~ident, nothing is so neces we on our side were willing to submit the question without a sary in sustaining any government as the orderly compliance "·ord bav1ng been said on this second vote. They, however, by the officers of the government with not only the letter but declined that suggestion and proposed to debate the question. the spirit of the law. There is no man who holds a public I have taken much more time than I had any thought of position who can not, if he sees fit so to do, while acting taking, but when one starts to read letters and telegrams he strictly within the cold letter of the law, nevertheless defeat consume time far beyond the amount be would consume if he its most beneficent purposes. were peaking merely hi own sentiments. I can go on now. It would be a very sad day for this country if the Con If it' is intended to hold the Senate here to-night and pas~ on gre s were arbitrarily to exercise a power granted to it in this matter, I hall bring my remarks to a clo e -very speedily. order to paralyze the arm of the Executive in the performance Mr. President, I simply want to say that I have examined of the duties of his office. It will be a sad day for our country further the erldence submitted in the trust ca e to which refer if we should to-night, or on l\Ionday, reject Mr. Warren's ence has been so often made. I assert that it demonstrates, name, and then send word to the President and to the country first, that Warren was acting for the American Sugar Refining that we did not". propose to approve any man who e na.me Co. even in the very inception of the organization of the beet the President might send in. .A Congre s that would do sugar companies of Michigan, and that he was acting secretly. that would be within the limits of its legal authority, but it I assert that his operations were not confined to the State of would be serving the country but poorly. Michigan but that they extended into the State of Ohio, in If the President were to take the attitude indicated by these which substantially the same processes were employed that press accounts, then we would only have the converse of the were used in the State of Michigan. case I have just put, of the President saying to the Senate, I assert that this record demonstrates that Mr. Warren was "The Constitution give you the power to advise and con ent, undermining those who thought he was their associate, and but I will override that power. I will trample that right in that this course of conduct proceeded from the first to the very the dust. I will do it by waiting until you adjourn. Then I last of these operations. I a sert that some of these opera will put in office the man whom you, under the authority tions continued at least to the year 1909; and I affirm that granted you by the Constitution and the commission of the when the record is all read, if l\Ir. Ha-remeyer could have been American people, have rejected, and about whom you have said, convicted for organizing a· trust to control the price of sugar, ' This man is unfitted for the position.' " 1\Ir. Warren necessarily would have been convicted with him. I can not bring myself to believe that the President of the Mr. President, I have too long wearied the Senate. I am "United States is so lost to a proper conception of his duty as to simply ·making the e tatements, and I say the evidence is take a position so arbitrary, so unjustifiable, and so violative of here in this record, and it is here in such powerful array that · the spirit of the Con titution. I hope the information recei\ed no candid man can read it without coming to the conclusion i not true, for if it be true then indeed there has come a condi which I have just announced. tion of contest and failure of cooperation between two depart Mr. President, I understand that the United Pre s is send ment of the Go-vernment which the American people hav~ the ing out this statement, and to this I ask the attention of the right to belie>e ne-ver will exist. Senate particularly: l\Ir. WALSH. Mr. President, in view of the statement issu ing from the White House, to which I have directed the atten While the Senate was heatedly debating the nomination of Charles tion of the Senate, I am disposed to withdraw my object:on to Beecher Warren as Attorney General, President Coolidg~ announced the unanimous consent requested by the Senator from Kansas. at the White llouse he would giv~ Warren a recess appointment to I am quite content that the President of the United States :;;hall the post if the Senate did not confirm him. continue until Monday making " every po sible effort to 8ecm·e I should like to have the Senator from Kansas hear this, if the confirmation of Mr. Wnrren." I am a little curious to know he did not hear it. if there shall be any results of that continued effort during the The White House statement follows: next two days. · 19~5 CO.!. ,..GRESS! OJ. T ...L\..L RECOllD-SEl T .t\_TE 245 I yentlll·c to say that tlte annal<:~ of our country may be 'l'hc Chief Clerk rend as follows : fH:•ar<.·lled in vain for a parallel to thi~ extraordinary f.ltatement It is agt·eed by unanimous consent tllnt at tile conclusion or execu whir·h tlm: defle...: the Senate of the rnit<:'d States. Presidents tive bu~luess to-day the Senato tak<' a rece:~s in open executive session ha vc in tlle par-t, after the Senute has rejected an appointment, until 10.30 o'clock a. m. Mununy; that upou coavo>ning Monday it vcurnre Tbese perversions of fact acted as a boomerang. The people of Let us march on to larger freedom and to loftier heights among the Mn:s,:a chusetts decidL' habitants of the t!nited States and Canada the most adyan as to ensure the highe. t continuous uniform diEcharge of water tageous uf'e of tbe water • thereof and of the water flowing from the lake. into and from the lake on each .·ide of the boundary between During periods of e.·res i\e precipitation tlle t0tal discharge the two cou n tri0 ~ . of water from the lake ~ hall, upon the leY"el reaching elevation Accompanying the treaty i~ a protocol of agreement between 1061 sea le\el datum be o reglilated as to ensure that the ex the plenipotentiarie., a copy of which i · inclosed for the in treme high level of the lake hall at no time ex<:ecd elevation formation of the Renate. 1062.5 sea le\el datum. Re pectfully ubmitted. The le\el of the lake "hall at no time be reduced below ele CH.A.UI.ES E. H ""GGHES. vation 1056 sea le"fel datum except during period. of low pre DEP.ABT:ME'XT OF STATE, cipitation and then only upon the approval of the International Wa hington, February 24, 1925. Lake of the Woods Control Board and subject to such condi tions and limitations as may ue nece ·.· ury to protect the use The United States of America, and His Majesty the King of of the waters of the lake for domestic, anitary, navigation the United Kingdom of Great Britain and Ireland and of the and fishing purposes. British Dominions beyond the Seas, Emperor of India, in re ARTlCLEl V pect of the Dominion of Canada, If in the opinion of the International Lake of the Wood.s Desiring to regulate the leyel of Lake of the Woods in order Control Board the exp rience gained in the regulation of the to • ecure to th inhabitants of the United States and Canada lake under Articles III and IV, or the pron. ion of additional the most ad,antageous use of the waters thereof and of the facilities for the storage of waters tributary to the lake, waters flowing into and from the Lake on each side of the demon trates that it i practicable to permit the upper limit boundary between the two countries, and of the ordinary range in the leYels of the lake to be raised Accepting as a basis of agreement the recommendations made from elevation 1061.25 ea le\el datum to a higher level and by the International Joint Commi ion in it. final report of at the same time to prevent during· periods of exce sive pre May 18th, 1917, on the Reference concerning Lake of the cipitation · the extreme high level of the lake from exceeding 'Voods submitted to it by the Go\ernment of the United elevation 1062.5 sea level uatum, this shall be permitted under •'tate" of America and Canada, uch conditions as the International Lake of the WoodH Con Have resol\ed to conclude a Convention for that purpo:e trol Board may prescribe. Should permis ion he granted, the and have accordingly named as their plenipotentiaries: le\el at which under Article III the rate of total discharge of The President of the United State of America: Charles water from the lake becomes subject to the approval of the E\ans Hughe , Secretary of State of the United States; and International Lake of the Woods Control Board may, upon the His Britannic Majesty, in respect of the Dominion of Canada: recommendation of that Board and with the appro,al of the 'l'he Honorable Erne ·t Lapointe, K. C., a member of His Inj:ernational Joint Commis ion, be raised from elevation 1061 1laje ty's Pricy Council for Canada and Minister of Justice ea le\el datum to a correspondingly higher level. in the Government of that Dominion; ARTI CLE VI Who, having communicated to each other their full power., found in good and due form, have agreed as follows: .Any di~agreement between the member" of the International Lake of the "-T oods Com:rol Board as to the exercit:e of the func ARTICLE I tion of the Board under Articles III, IY, and V , hnll be In the present Convention, the term ' level of Lake of the immediately referred by the Board to the International Joint wo o d ~ " or " le\el of the lake " mean" the level of the open ommission whose deci. ion ::::hall be final. Jake unaffected by wind or currents. ARTICLE VII The term "Lake of the Woods watershed" means the entire region in which the waters discharged at the outlets of Lake The outflow capacity of the outlet of !Jake of the Woods of the Woods have their natural ource. shall be "· o enlarged as to permit the di charge of not less than The term '' sea le\el datum " means the datum permanently forty-seven thousand cubic feet of water per second ( 47,000 established by the International Joint Commission at the town c. f. .) when the level of the lake il::l at elevation 1061 sea leyel of Warroad, l\Iinne ota, of which the de ~ cription is as follow ' : datum. "Top of copper plug in concrete block carried below frost The nece · ary work for this purpose, as well as the neces line, and located near fence in front of and to the we. t of new :4arr work and dams for controlling and reaulating the outflow !:'choolhouse. Establi. hed October 3, 1012. Elevation, sea leYel of the water, hall be provided for at the instance of the datum, 1068.797." Gonrnment of Canada, either by the improvement of exi ting "The International Joint Commi. sion ., mean the Commis work and dams or by the con .. truction of additional works. sion established under the Treaty :;;igned at Washington on .AHTH: T,E YIII the 11th day of January, 1909, between the United State · of A flowage easement hall he permitted up to elevation 1064 .\.merica and His Britannic Majesty, rE-lating to boundary , ea Ie,·ei datum upon all land!' bordering on JJake of the ·woods watern and questions arising between the United State · and in the united States, and th E> United States a s:-;umP:; a ll liaiJil Canada. ity to the owners of uch lands for the costs of snell ea:it'UH•nt. ARTICLE II The Government of the l: nited State.· shall provide for the The level of Lake of the "T oods hall be regulated to the following protectil"e work and measure. in the United States e>..1:ent and in tbe manner pro~ided for in the present Conven along the shores of Lake of the Wood· and the bank of Rainy tion, with· the object of ecuring to the inhabitants of the Uiver, in so far as uch protective work.~ and mea;UI'e"' may be United States and Canada the most ad\antageous use of the neces ary for the purposes of the regulation of the level of the waters thereof and of the waters flowing into and from the lake under t11e present Convention : namely, the removal or r~ake on each ide of the boundary between the two countries protection of buildings injuriously affected by ero ion, and the for domestic and sanitary purposes. for navigation pu.rpo. es, protection of the banks at the mouth of ""arroad River where for fishing purpo ~ e ' , and for power, irrigation, and reclamation :-;ubject to ero ion, in o far in both cases as tlle erQSion re nits purposes. from fluctuations in the leY"el of the lake; the alteration of tlie ARTICLE III railway embankment ea t of tbe town of Warrond, 1\linne ota, The Government of Canada shall esu1blish and maintain a in ·o far a it may be nece sru.·y to prevent surface flooding of anadian Lake of the \ ·oods Control Board, composed of eugi the higher lands in and around the town of Warroad; the lleer , which shall regulate and control the outflow of the rnakinO' of provi. ion for the increa ed co. t, if any, of operatin .~ \Ya ter::; of Lake of the Woods. the exiRting se·wage RY -tern of the town of Warroad, and the There ;hall ue e.t.abliRhed and maintained an International protection of the waterfront at the town of Baudette, lUin Lake of the 'food.· Control Board composed of two engineer , ne. ·ota. one appointed by the GoYernment of the United States and one ARTICLJ-.' IX by the Go\errunent of Canada from their respective public The United States anu the Dominion of auada. Rhall each on .. enice.", and whene1er the level of the lake rises above ele\a it · own side of the boundary as ume re ·pomdl>ility for any tion 1061 sea len?l datum or fall. below ele,ation 10:>6 ea clamage or injury wllich may ban:~ heretofore resulted to it or le\el datum the rate of total discharge of water from the lake to it· inhabitants from the fluctuations of t.he level of Lake of shall be subject to the apvroval of thi Board. the Wood::; or of the outflow tllerefrom. AllTICLEl IV Ea<.:h hall likewi.'e af: ume re.spomdbility for any damage or The level of Lake of the Woods hall ordinarily be main injm•y which may her0after re~ult to it or to it~ inhahit<1nts tained between ele,ation 1056 and 1061.25 ~E>a level datum, from the regulation of tlH• len•t of Lake of the Wood in the and between the e two ele\ations the regulation shall be such manner proyided for in the pre:ent Convention. 1925 CONGRESSIOXAL RECOR.D-SENATE 249 ARTICLE X for in Article III of the Com·ention, the Government of The Governments of the United States and Canada shall each Canada will appoint one member of the Canadian Board a be released from respon illility for any claims or expenses aris its representati\e on the International Board. ing in the territory of the other in connection 'Yith the matters 5. Until the outlets of Lake of the Woods ha\e been enlarged provided for in Articles VII, YIII, and IX. in accordance' with Article VII of the Convention, the up11er In consideration, however, of the undertakings of the United limit of the ordinary range in the levels of the lake provided States as set forth in Article YIII, the Government of Canada for in Article IV of the Convention shall be ele\ation 1060.:J shall pay to the Got'ernment of the United States the sum of sea level datum, and the International Lake of the Woods two hundred and seventy-five thousand dollars ($275,000) in Contl'Ol Board may adYise the Canadian Lake of the Wood c-urrency of the United States. Should this sum prove insuf Control Board in re pect of the rate of total discharge of ficient to cover the cost of such undertakings one-half of the water from the lake which may be permitted. exce s of such cost over the said sum shall, if the expenditm·e In faith whereof the undersigned Plenipotentiaries have ·Lc incurred within five years of the coming into force of the signe·d the present Protocol and affixed thereto their respective pre. cnt Convention, be paid by the Government of Canada. seals. J L\RTICLE XI Done in duplicate at Washington the 24th day of February, No diversion ~hall henceforth be made of any waters from 1925. the Lake of the Woods watershed to any other watershed ex (Signed) CHARLES EvANS HUGHES. [SE..U..) ('ept by authority of the United States or the Dominion of (Signed) ERXEST LAPOIKTE. (SEaL.] Canada within their respective territories and with the ap rn·o,al of the International Joint Commission. KO~IINATIOXS ARTlCLE XII The present Convention shall be ratified in accordance with E.r:ecutiv.e nominations rece-h;ea by the Senate March 1~ (lcgis the constitutional methods of the High Contracting Parties and lati,;e day of :Mm·ch 10), 1925 shall take effect on the exchange of the ratifications, which ASSISTA."NT ATTORNEYS GEXERAL shall take place at Washington or Ottawa as soon as possible. Herman J. Gall6way, of Indiana, to be Assistant Attorney In faith whereof the above named Plenipotentiaries have General, vice Robert H. Lovett, resigned. signed the present Convention and affixed thereto their re Ira Lloyd Letts, of Rhode Island, to be Assistant Attorney spective seals. General, vice A..lbert Ottinger, resigned. Done in duplicate at Washington, the 24th day of February ENVOY EXTRAORDir ARY k'D 'MINISTER PLE;s"IPOTE"NTIA.RY 1925. Hoffman Philip, of New York now enyoy extraordinary and (Signed) CHARLES EVA.NS IlUGHES. [SEAL.] (Signed) ERNEST Lli>OINTE. (SEAL.) minister plenipotentiary to Uruguay, to be envoy extraordinary and .... minister plenipotentiary of the United States of America to Persia. · PnOTOCOL .ACCO:'IIPA~YI~G COXYEXTIO~ TO REGl' LATE THE LEVEL OF Co :~n!ISSIOXER PENSIONS LAK» OF THE WOODS OF Wilder S. Metcalf, of Kansas, to be Commissioner of Pen· At the moment of signing the Convention between the United States of America, and His Majesty the King of the United sions, vice Washington Gardner, resigned. Kingdom of Great Britain and Ireland and of the British Do ENGRAVER :a THE ~uiXT minions beyond the Seas, Emperor of India, in respect of the John R. Sinnoek, ·of Philadelphia, Pa.. to be engrayer in the Dominion of Canada, regarding the regulation of the level of mint of the United States at Philadelphia, Pa., to fill an exist Lake of the Woods, the undersigned Plenipotentiaries have ing vacancy. agreed as follows : JUDGES OF THE POLICE COURT OF THE DISTRICT OF CoLlJMBI.A 1. The plans of the neces, ary works for the enlargement of the outflow capacity of the outlets of Lake of the Woods pro George H. MacDonald, of the District of Columbia, to be vided for in Article VII of the Convention, as well as of the judge of the- police court, District of Columbia. (..d..dtlitional necessary works and dams for controlling and regulating the position.) outflow of the water, shall be referred to the International Isaac R. Hitt, of the District of Columbia, to be judge of the Lake of the Woods Control Board for an engineering report police court, District ot Columbia. (Additional position.) npon their suitability and "ufficiency for the purpo!?e of per UXITED STATES ATTOR:S EY mitting the discharge of not le s than forty-se\en thousand John W. Gold berrr, of Oklahoma, to be l~nited Stith's cubic feet of water per econd ( 47,000 c. f. s.) when the level attorney, northern <.li~trict of Oklahoma. (Additional pol;;i of the lake is at elevation 1061 sea level datUDL A..ny disagree tion created by the act appro\ed February 16, 1925.) ment between the members of the International Lake of the U ~ -ITED STATES MARSHAL 'Vood. Control Board in regard te the matters so referred shall be immediately submitted by the Board to the International Henry G. Beard, of Oklahoma, to be united States marshal, Joint Commission whose decision shall be final. northern district of Oklahoma. (Additional position c1·eated 2. Should it become nece ary to set up a special tribunal by the act approved February 16, 1925.) to determine the cost of the acquisition of the flowage ease PosTMASTERS ment in the United State. provided for in Article VIII of the . KENTUCKY Convention, the Government of Canada shall be afforded an Chester A. Dixon to be postmaster at I,othair~ Ky., in place opportunity to be represented thereon. Should the cost be of Bud Morgan, re igned. determined by means of the usual judicial procedure in the United States, the Government of Canada shall be gilen the PENNSYLVAXIA privilege of representation by counsel in connection therewith. Ozro N. Barclay to be postmaster at Bridgeville, Pa.~ in place 3. Since Canada in incurring extensive financial obligation. of J. D. Moore. Incumbent's commis ·ion expired June 29, in connection with the protective works and measures pro 1920. vided for in the United States along the shores of Lake of WISCOXSIN the Woods and the banks of Rainy River, under Article "\~II Vivian Bottrell to be postmaster at Dale, Wis., in place of H. of the Convention, the plans, together with the estimates of R. Bock. Office became third cJass April 1, 1924. cost, of all such protective· works and measures as the Gov ernment of the United States may propose to construct or provide for within five years of the coming into force of the COKFIRl\IATIONS Convention shall be referred to the International Lake of Executi-,;e no.ntiiUltions con{i1·med by the Senate Mctrch 1 . ~ (leg. the Woods Control Board for an engineering report upon their islat'it:e day ot March 10), 1925 suitability and sufficiency for 'the purpose of the regulation REGISTER OF THE LAND OFFICE of the level of the lake under the Convention. Any disagree ment between the memuers of the International Lake of the Leon H. Christen en to be register of the land office at Yer· Woods Control Board in regard to the matters so referred nal, Utah. shall be immediately submitted by the Boaru to the Interna POSTMASTERS tional Joint Commi"·siou whose decision shall be final. ALABAMA. 4. In order to ensure the fullest measlll'es of cooperation Walter N. Cobb (~Irs.), Bellamy. between the International Lake of the ·woods Control Board Charlie D. Price. Castleberry. and the Canadian Lake of the \foods Control Board provided Amos Gibbs, Tarrant. 250 CO.r GRESSIO AL RECORD-SE ... :r_A_TE )lARcH 16 OALIFOR..."i'IA NOMIXATIOX OF Cll.ARLES BEECHEll W ARREX John U. Frand co, Los Altos. The Senate, in open executive sessiou, resumed the consider Mabel Winter, 1\Ioneta. ation of the nomination of Charle · Beecher 'Yarren, of Michi George P. Lovejoy, Petaluma. gan, to be Attorney General. Mr. GOFF obtained the floor. FLORIDA ':Phe VICE PRESIDE "T. If the Senator from West 'ir Marion K. Wright, Fort Lauderdale. ginia will yield for a minute, the Chair will direct the Clerk GEORGIA. to read the unanimous-consent agreement entered into on Satur day, o that it may be in the minds of all. Louis A. Mauldin, ClarkeSYille. The Chief Clerk read as follows : William G. Smith, Loganville. It is agreed by unanimous consent that at the conclusion of executive KA..'"iSAS business to-day the Senate take a recess in open executive ession until George E. Corbin, Anthony. 10.30 o'clock a. m. Monda-y; that upon convening Monday it re·ume the consideration of the nomination of Charles Beecher Warren to be MISSISSIPPI .Attorney Gen~·al, and that a vote on the confirmation of tile aid Ida F. Thompson, Dlo. nomination be had not later than 2.30 o'clock p. m. on tbat day; that Laura L. :\IcCann, Norfield. no Senator shall speak more than once nor longer than 30 minutes; MISSOURI_ and that the time ball be equally divided between tho e who are Ulysses S. G. Evans, Farminoo-ton. opposed to and tbose who favor the confirmation. The VICE PRESIDE~T. The Chair will state that it has MO~TA.~A been suggested by the majority and minority leaders that the Leslie E. Robinson, Columbia Falls. speakers be recognized alternately. for and again"t confirmation. ~EW YORK The Chair will proceed in that way, the time not consumed by Melvin B. McCumber, Bender on. any Senator on one side to be left as a credit to that side. The Clyde H. Ketcham, Islip. Senator from West Virginia will proceed. Mr. GOFF. Mr. President, the question now before the en NO&TH CAROLINA ate, as I Yiew it, as indicated by the action of the Judiciary Felix M. McKay, Duke. Committee and the report accompanying that action, is thi : W. Sherman Daniels, Xewland. 'Vill the Senate advise and consent to the nomination of Maggie S. Cooley, Wagram. Charles Beecher Warren as Attorney General of the United OREGON States? Adelle ~I. March, :Myrtle Creek. That question, in and of itself, involves essentially the ques tion of the :fitne s of the President's nomin~. That fitness has PESNSYLVA::nA I been debated during the week last past, and many things were Seeley F. Campman, West Mi-ddlesex. I sai