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Home , Edward Sparrow, Einar Modig, Men of a Certain Age, Samuel Reber

1929 CONGR.ESSION.AL RECORD-SENATE- 3699 millions of dollars to e::rl)and our merchnnt marine to send our ~·AnA products into the port.~ of all lands, and there is a provision Cada C. Boak to be postmaster at Tonopah, Nev.., in place of bere in the Senate committee bill which is restrictive of that A. R Keenan. Incumbent's commission expired January 14 purpo. e. Tbe House has a just and liberal provision, though 1929. ' not as liberal at 1t should be, and I shall ask the Senate to NORTII DAKOTA diRngree to the Senate committee amendment. Ellis R. Dennison to be postmaster at Neche, N. Dak., in place l\Ir. SMOOT. :Mr. President, evidently we can not do any- of F. L. Lewis, resigned. thing more to-night on the tariff bill. Minnie Pusch to l>e postmaster at Shield , N. Dak. Office be­ B.El!'ERENCl!l OF Exro'U'l"'VF. MESSAGES came presidential July 1, 1929. The YIOE PRESIDENT. The Chair refers to the appropl'iate committees sundry F.xecutiV"e me . ages received froni the Presi­ raul H. Norris to be postmaster at Parris Islnnd, S. C., in dent of the United States. place of R. E. Haddock, remo\ed.

RlOOESS ITRGL~IA Mr. SMOOT. I mo\e that the Senate take a reces until 12 Samuel H. Hoge to lJe postma ter at Roanoke, Ya., in l>lace o'clock to-morrow. of lf. E. Ellis, deceased. The motion was agreed to; and the Senate (at 4 o·clock and WEST HRGI.._\'ll 55 minutes p. m.) took a recess until to-morrow, Wedne day, Jacob W. Pettry to be po tmaster at Whites\ille, "'· "'Va.., in September 18, 1929, at 12 o'clock meridian. plal'e of Charle Jarrell, removed.

NOML~ATIONS SEX ATE E.I'ecntirc 1t0mLna.tions 1·eceivcd by tiLe Senate September 17 (lcgi.sla.tive da.y ot September 9), 1929 WrnxESnAY, Septe1nber 18, 1fJ<'39 AMBASS.ADOR EXTRAORDINARY AND PLE.mJ>OIENTT.ARY OF THl!l (Legi.slati-t:e da.y of Mon

S. S. Kr~ge Co., New York City. R. D. Wood & Co., Phlladelphia, ra. F. W. Woolworth Co., New York City. Virginia Iron, Coal & Coke Co., Roanoke, Va. Levy, Max & Co., Philadelphia, Pa. Youngstown Sheet & Tube Co., Youngstown, Ohio. Libbey, Owens Sheet Glass Co., Toledo, Oblo. Mr. SMOOT. Mr. President, I now ask the Senate to con­ Mississippi Glass Co., New York City. sidet· section 306, beginning with paragraph (d) on page 200, Morris Glass Co., New York City. " Plant quarantine." That is the next item in the bill. National Carbon Co., Jcrsay City, N. J. Mr. FLETCHER. Mr. PreNident, I suggest the absence of a Kntional Plate Glass Co., Detroit, Mich. quor·um. North American Electric Lamp Co., St. Louis, Mo. The VICE l 1RESIDENT. The Secretary "\T"ill call tlle roll. Pennsylvania Wire Glass Co., Philadelphia, Pa. The Chief Clerk called the roll, and the following Senators • afety Ellectric Co., Chicago, Ill answered to their name Bt>njamin Schottland & Co., Ea t Orange, N. J. Ashurst Frazier Keyes Shortridge Southwestern Sheet Glass C., Okmulgee, Okla. BarklE:'y George Kin~ Simmons Sprenger' Brick Co., New York City. Biugh:un mass La l!'ollette Hmoot Black Glenn McKellar Hteck Yitrea' Co., New York City. Blaine Goff McMaster Steiwer tanda.rd Pln.te Glass Co., Pittsburgh, Pa. Blease Goldsborough YcNary Rwan~on Yacuum Oil Co., New York City. Borah Gould lio~e -· 'l'homas, Idaho 'E'imacor Products Corporation, New York City. Brattou Greene Norris 1'homas, Okla. Brock Hale Xye Townsend Union Carbide & Carbon Corporation, New York City. Brou sa1·d Harris Oudie Tydings Da>ison Chemical Co., Baltimore, l\ld. Capper Hnrri on Overmnn Vandenberg Connally HaRting · Patterson Wagner SCHEDCLE 2 Couzen.., Hatfield Phlpp Walcott Advance Glass Co., Newark, Ohio. Cutting nawe. Pine Walsh, Mass. Dale Hayden Pittman Wnlsh, Mont. American Window Glass Co. Deneen Heflin Ransdell Warren American Plate Glass Co., Kane, Pa. Dill Howell Reed Waterman Annandale Graphite Co., Annandale, N. J. Edge .Johnson Robinson, Ark. Watson Fe ~ s .Jones Haekett Arco Electric Co., New York City. Fletcher Kean 'beppa.rd New Hampshire Mica & Mining Co., Keene, N. ll. Blue Ridge Glass Corporation, King port, Tenn. The VICE PRESIDE~T. Seventy-eight Senators have an­ . wered to their names. A quorum is present. The clerk will Lehigh Portland Cement Co. Internationu.l Cement Co. state the pending amendment. The f'HIEF CLERK. At the top of page 200 it i propo ~ ed to North American Co. The ·Alpha Co. in!':ert the following: The Lawrence Pot·tland Cement Co. (d) Phmt quarantine: The plant quarantine urt, approved August The Vita Glass Corporation, New York City. 20, 1912, as amended, shall not be construed to authorize the Secretary SC'IIEDULE 3 of A-griculture to forbid the importation of any nursery stock or other plan t~, or fruits, v<'getables, roots, bulbs, seeds, or other plant products United States Steel Corporation, New York City. unless such plants or plant products are infected with eli ease or in­ United States Smelting, Refining, Mining Co., Bo. ton, :Mu ·s. fested with injurious insects, new to or not therefore widely prentlcnt Anaconda Copper Co., Anaconda, Mont. or Ui:tributed within and throughout the "Cnited Statt's, or tmless the General Electric Co., New York City. Secretary of Agriculture has reason to believe that such plant or plant Republic Iron & Steel Co., Youngstown, Ohio. prollucts are so infected or infesteu. .imerican Rolling Mills. Gulf State Steel Co., Birmingham, Ala. The VICE PRESIDE~T. The que ~ tion is ou a()'reeing to the Inland Steel Co., Chicago, Ill. amen

CONGRESSIONAL RECORD-SENATE 3717 before them, but evidently they did have information upon which I repeat what the Secretary said : that order was made. I undertake to say that if the committee The amendment proposed ln the· Senate revision of the tariff bill is will trouble themselves to get the facts from the department, highly objectionable and, in fact, would practically destroy the value they '"ill find that that order was justified. of the sections of the act relating to the entry of foreign plants and In this letter to me the Secretary said : plant pests, and open the bars to the general entry of such pests. Briefly put, it Is entirely within the fact to say that 50 per eent The letter to the chainnan has been published and therefore of the important pests of agriculture, horticulture, and forestry in this I can allude to it here. The Secretary of Agriculture said to country are of foreign origin and for the most part come to us with the chairman of the committee on SePtember 13: imported plants and plant products. These include upward of a hun­ dred important pests creating enormous losses annually, and thousands I regret to have to advise you that the enactment of this paragraph, of pests of minor importance-and by pests I mean_both plant diseases strictly interpreted, would render sections 1 to 7 of the plant quaran­ and insect enemies. These introduced enemies also aeconnt for prob­ tine ,!lCt, relating to the entry of,foreign plants and plant products, of ably more than half of the annual losses due to pests in the _United little or no value as protecting the United States from the entry of new States ; in oth~r words, upward of a billion dollars. and dangerous insect pests and plant diseases, which is the sole purpose of these sections. Upward of a billion dollars losses to this country annually by reason of pests imported into the United States. Yet you want In other words, this amendment would destroy the quaran­ to require that quarantine shall be based upon inspection of tine act under which we have given protection to this country particular shipments, particular bundles, each bundle must be ever sin~ that law was enacted. That is what the Secretary examined and inspected and found to contain diseases, otherwise of Agriculture told the chairman of the committee. Referring it shall be admitted in the United Sta~ and the Secretary shall to the quarantine act, the Secretary said: have no power to exclude it. It is a perfectly absurd proposi­ While this act was under consideration by Congress, the following tion, it seems to me. notable crop pests secured entry and establishment : The oriental fruit Mr. McNARY. Mr. President, will the Senator yield further? worm, Japanese beetle, Asiatic beetles, citrus canker, potato wart, Euro­ Mr. FLETCHER. I yield. . pean corn borer, camphor scale, and the gypsy moth in New Jersey­ l\fr. McNARY. My attention has been called to an article in nearly all of which are now subjects of large annual appropriations by The Washington Post of Sunday entitled "The Perpetual Battle Congress for control, or, in some instances, attempts at eradication. of the Ages," which specifies accurately that $2,000,000,000 an­ nually is paid by the taxpayers to fight pests and diseases of this These all came in just prior to the act of 1920 and they are country which attack fruit and vegetable life. I ask unanimous here now, but since the act of 1920 there have been no impor­ consent that at the conclusion of the remarks of the Senator tations of pests excepting in the instances I have mentioned. from Florida that article may be published in the RECoRD. The Secretary continued: The PRESIDING OFFICER. Is there objection? The Chair The prevention of entry of such pests since 1912, under the enforce­ hears none, and it is so ordered. ment of the plant quarantine act, presents a striking contrast with the l\Ir. FLETCHER. The Secretary refers me to a Jetter which situation just described. Up to April, 1929, covering a period of nearly he addressed to the chairman of the committee, the Senator from 17 years, it was possible to say that this entry of important pests had Utah [l\1r. SMOOT], in which he said: been practically stopped. During this period, in only two instances had pests entered of the importance of those mentioned and the entry of Your particular attention is called to the important list of pes~ these across the border of Mexico could probably not have been pre­ which got into the country during the four years immediately prior to the passage of the plant quarantine act of 1912. vented, namely, the pink bollworm of cotton and the Mexican fruit worm into the lower Rio Grande Valley. The entry in .April of this In the letter he gives a list of the pests which came in just year of the Mediterranean fruit fly into Florida is the first really impor­ prior to the enactment of that law, and that was the time when tant instance of pest entry which has gotten through the quarantine we were operating under the custom of port inspection, basing and port-of-entry controls. the right of entry up<>n inspection. That was found to be wholly inadequate, and the pests were coming in year after 'Ve had this inspection business tried out. We had entry by year. We inspected the goods in foreign countries, 've inspected inspection in operation, but that did not. prevent the entry of the shipments upon arrival here, yet we were being flooded by the fruit fly. A little later on the Secretary explains why the pests, and during the four years just prior to the enactment of inspection basis of entry will not protect us: the law of 1912, 50 per cent of the dangerous pests of this coun­ The means of entry of this fruit fly is not known except as indicated try had been imported into the United States, when we had the by the many interceptions of this pest in contraband fruit and vege­ system this amendment proposes to set up, the system of inspec­ tables made by the agents of the department in the inspection and quar­ tion and of entry based upon inspection. We abandoned that in antine enforcement at ports of entry. In addition to this and other 1919; we had to abandon it; and when this law went into effect fruit flies, such port interceptions included thousands of plant pests we gave the power to quarantine against all plants which we of all sorts. The records of such port interceptions, together with the knew were infected in foreign countries with disease. We quar­ interceptions made on nursery stock and other plants and seeds are antined against such a country as a whole and against those published at frequent intervals for the use of inspectors and give a plants as a whole, specifying them, without depending upon pretty full pictme of the stream of entry of pests which would be com­ inspection at the port either of departure or of entry. ing into the United States except under enforcement of the type of The Secretary alludes to that a little further on in this quarantines which have been promulg-ated under the authority of the language: act. The enforcement of that act has been extraordinarily successful in To indicate the effect of the proposed amendment- excluding pests. In fact, aside from the rather lamentable entry of the Now, we come right down to the gist of this thing- Mediterranean fruit fly in Florida, the slate for the 17-year period con­ it may be pointed out that the requirement, as a condition of exclusion cerned is practically clear. The only other entries of important pests of plants and plant products, that the Secretary of Agriculture shall have been the coming across the border from Mexico of the pink boll­ determine as to any shipment that such plants or products are infested worm of cotton and the Mexican fruit worm, entries which, under the or not, is an impossibility as to practically all plant diseases and as to conditions of contiguity and commerce, could not well have been pre­ most insect pests. vented. Both of these pests have, however, been substantially con­ trolled. The pink bollworm has been eliminated in vnst areas where it That is either true or it is not true. If it is true, we ought once had foothold in eastern Texas and in , and the Mexican not to lose one minute of time in rejecting the proposal, and fruit worm has apparently been eliminated in the section which it I think it is true. invaded in the lower valley of the Rio Grande. Mr. REED. Mr. President, will the Senator permit me to The necessity for the restrictions on entry of plants and plant prod­ say that I think I have made it clear that that was not the ucts is further indicated by the lists of interceptions which are made at intention of the amendment and that it can not be construed our various ports of entry. These lists are published from year to year that way, especially after those words are inserted. and the inclosed copy of the last report may interest you as indicating Mr. FLETCHER. The Senator's o]!inion about what the in­ the >ol ume of such interceptions. A great many of such lists have been tention of the amendment may be is one thing, but the Secretary published. Necessarily they are a record of all the pests intercepted, of Agriculture, the head of the de]!artment, and all those with except a very large group of pests which are known to have secured a whom I have conferred-and I have conferred with more than world-wide distribution long since in the ordinary course of commerce. the Secretary himself with reference to this matter-agree abso­ In the main, therefore, this picture indicates the flow of pests, new and lutely that whatever the intention of the committee may have old, into the United States. The more important of these and espe­ been, the effect of the amendment will be to establish a system cially such as are new to this country and dangerous are discussed in which it is an impossibility to carry out as to practically all the notes on the first two pages, plant diseases and as to most insect pests. ·'

CONGRESS! ON AL RECORD-SEN ATE SEPTEMBER 18 The Secretary continue(! : or edumtionai purpose, and for such purposes entry 1s autborized of millions of plants every year. Such exact determination can not be made. In the case of plants, such determination can be made to a degree only by intensive inspection We did not exclude these plants entirely; there ls no such such as would be totally impracticable in con.nection with bulk importa­ general order as would dQ that The Secretary continues: tions, and for many insects and practically all plant diseases and with The risk under snch entry can be justified only by the necessity for any certainty only bf holding such material in quarantine for a period the introduction, but under this policy the volume of entry is so greatly of years. For plant products, such -eXamination and dissection would reduced that the plants can be given much muld have unrestricted entry into the Taking up the alternative given in the paragraph quoted, namely, "or United States: (1) The chestnut blight, which has destroyed one of unless the Secretary of Agriculture has reason to believe that such the predominating forest elements of the Appalachian region of the plants or plant products are so infected or infested," this alternative United States. under the preliminary statement in the paragraph would necessarily It could not have been kept out if this amendment had been in have to be interpreted as requiring the Secretary to make the decision It as to infestation or n<>t for each and every importation of plants or effect. did come in in spite of the law, for at that time we plant products-a decision which I have already indicated is an impos­ had sometlling of an inspection on entry system. Chestnut sibility. It, on the other hand, advantage were taken of this alternative blight. We have now very few chestnut trees which are alive, or if we have any they are doomed and are dying. That on the ground of " reason to believe," it would oot only render the tree amendment a farce but would make the enforcement of the act difficult great, valuable has been swept from the forests of· the and very expensive on account of the necessity of ma.king continuing United States. The chestnut blight was imported into this coun­ and innumerable decisions on belief, and at the same time would place try; it did not originate here at all. The Secretary's letter the importer in a state of absolute uncertainty as to whether any continues: importation which he might make would not have to be rejected. (2) The white-pine blister rust, which has already invaded the white­ pine areas of the eastern United States and is threatening those Qf the I I That is the answer to that suggestion. do not know that Pacific Northwest, where the main body of the remaining merchantable could make it any more complete and full if I were to spend a white pine occurs- week talking about it It is so sound, so rea,sonable, so clear, and so convincing that there. is no need to add anything to it. That disease came in under the inspection at the port of entry Then the Secretary continued : system and inspection in foreign countries- The adoption by the department in 1919 of its present policy of re­ and (3) the citrus canker, which has already cost this country and the stricting the entry of foreign plants on the basis of known occurrence States concerned from $25,000,000 to $-30,000,000 in an effort at eradica­ in the country of origin of new and dangerous pests-believed to be tion-an effort which has n<>t yet been completely successful. fully authorized in the tfi·st seven sections of the act-was forced after giving a test of seven years to the system of double inspection, ( 1) in Citrus canker was imported into the United States from a the country of origin with foreign certification of freedom from pests, foreign country, from J ap·an, I believe. It came in nurse1·y and (2) at destination in this country by State or Federal i..nspectors. stock into Florida. We had to deal with it there. Numbers of The tremendous volume of new and dangerous pests intercepted at this groves for which the growers never received 1 cent of com­ second inspection and the full realization that only a portion of the pensation were burned. When it was found that the disease insect pests and practically none of the plant diseases brought in with existed in the gro\"'es, the authorities went in and took the such importations were being thus intercepted led to the abaildonment trees, root and branch, and burned them. That is the only way of entry on the basis of inspection only. citrus canker has been eliminated in Florida. I have mentioned these diseases which the Secretary him­ That is just what is trying to be put upon the department self says are diseases which might have been kept out under now, which they thought it necessary to abandon after giving it the quarantine law of 1912. Certainly we ought to do every­ four years of trial. thing we can to strengthen that law, if it needs strengthening, The Secretary continued: and not to cripple it by this proposed amendment. Under tbe present policy of the department provision J.s mad~ for the The letter continues: entry of plants for any necessary introduction, experimental, scientific, Of these, the ehestnut blight and the citrus cankl!r were unknown or educational purpose, and for such purposes entry is authorized of prior to their establishment and diseovery in the United States. R~­ millions of plants every year. ferring to insects, the paragraph quoted would afford unrestricted The Senator from Utah might be interested in that. Let me entry to insects of the types of the Oriental fruit worm entering with read again what the Secretary said with reference to that the Japanese cherry, the Japanese and the Asiatic beetles entering with matter: son about plants, clover and alfalfa weevils, and half a dozen other Under the present policy of the department provision is made fO'l the similar crop weevils introduced with soil about plants, wireworms entry of plants for any necessary introduction, expelimen.tal, sdentific, and many other insects which live a portion of their lives, or hiber- 1929 ·coNGRESSIONAL RECO.RD-SENATE 3719 nate, in soil, together with a long list of scale insects and pl'ant lice, crops have been harvested and stored, grain weevils and other pests rob parasitic worms--elassed under the name of nematodes--and most of bin, crib, and warehouse of $132,800,000 every 12 months. Thus it is the insects which work inside fruits and ve.,o-etables-snch as weevils, not at all difiieuit to anticipate the dire consequences that would result fruit worms, and fruit flies. from a lull in the fight. Estimating the total gross vu.Iue of farm crops The Secretary finally concludes his splendid letter to the at $16,000,000,000 it is easily comprehendible that a big slice of the chairman of the committee, as follows : farm income of this country must be expended on insect-pest control activities. The proposed amendment of the plant quarantine act, in large According to entomologists there are anywhere from two to ten mil­ measure, would, therefore, bring a return of opportnnity for pest lion different species of insects in the world. They are all shapes and entry which existed prior to 1912. sizes ; some as ugly as homemade sin, others goodly to look upon. with We can not, of course, favor that. Now, for the present. I all the colors of the rainbow employed to provide the brilliant hues that yield the floor, for it seems to me unnecessary to spend more mark legs, wings, and bodies. For the sake of brevity, but with due time unless it be in answer to what may be said in support of respect for the voluminous classification charts evolved by able ento­ the committee amendment. mologists, insects will be }.'eferred to collectively as bugs in this article. The article from the Washington Post, which, on request of If for no other reason this would be justifiable on the ground that the Mr. McNABY, was ordered to be printed at the conclusion of average American citizen pokes his finger at every insect that bobs up Mr. FIErcHEB's speech, is as follows: and exclaims, " There goes a bug ! " [From the Washington Post, September 15, 19291 By and large, foreign plant pests that have immigrated to this conn­ try, and their number is legion, menace the farmers more seriously than THE PE.RPETUAL BATTLE OF THE Aoms-INSE~ PESTS ROB AMERICAN FARMERS OF NEARLY $2,000,000,000 EVERY YEAR-THE MEDITERRANEAN do the native bugs. Our resourceful entomologists know bow to control native insect pests, so as to hold their depredations in check. But they FRUIT FLY SWITCHES VOTES IN CONGRESS-MORMONS FIRST TO FACE PERIL WHEN GRASSHOPPJDRS MENACED CROPS must first get acquainted with the foreign tribes before an effective fight can be waged against them. Invariably the first objective is to eradi­ By P. L. Plyler cate the unwelcome visitors. This movement usually ends in failure. GosHEN, EGYPT, September 14.-Egypt is literally buried under an Do the entomologists give up the ship and leave the farmers to their avalanche of locusts. Never before in the history of the country has it fate? That they do not. '.rhey stay on the job until practical control been so viciously attacked by an insect pest. Early this morning a mod­ methods have been evolved. It was so with the Hessian fly, Mexican erate east wind arose and increased in velocity until it blew a bowling cotton boll weevil, European corn borer, Japanese beetle, and numerous gale. Riding on the crest of the wind were millions of locusts. Verily, other foreign plant }le.sts. the sky overhead was black with the bugs. Not a ray of sunshine could The fight against the Mediterranean fruit fly is still in the eradication trickle through, The ravenous locusts are devouring every green thing stage. Whether Ol' .not the pest will be ousted remains to be seen. in sight; every herb, vine, and tree. Corn, wheat, and other grains are Results of battles waged against it by other nations hold out scant en­ being mown to the earth and all fruits and vegetables are rapidly being couragement. A native of Africa, the fly has become established in destroyed. Another day like this and all the people of the land will be about a dozen other countries. Its nearest rendezvous to the United faced with starvation. States were the Hawaiian Islands. All efforts by these countries to " Directed by entomologists in the Department of Agriculture, thou­ exterminate the pest have failed. Riding into the Everglade State last sands of farmers attacked the pests with clubs, pitchforks, and reap­ April, presumably on the wings or a bottle of bootleg rum, the fly hooks, but for every locust thus destroyed a million others arose to take quickly invaded the citrus fruit groves of Florida, striking terror into its place. Thoroughly disheartened by the hopelessness of the fight, the the hearts of the natives. Soon 10 or more banks hit the wall. farmers soon stacked their arms and quit. - King Pharaoh is now in But if there ever was a hard-luck State, Florida's it. Consider the conference with Moses, beseeching him to·dlsperse the plague." collapse of the building boom, and the enormous toll exacted by hurri­ canes in recent years. But it has been so from the very beginning. ORLANDO, FLA., September 14.-The voracious Mediterranean fruit fly Old Man Ponce de Leon died of a broken heart there while seeking a has at last evaded inspectors at the port of entry and gained a foot­ perpetual fountain of youth. bold in Florida. Entomologists have definitely proven the identity of For years entomologists have been expecting to wake up some fine the pest. It is now ravaging the citrus-fruit groves of the State. morning to discover that the pesky Mediterranean fruit fly bad slipped Unless it be eradicated immediately, it may eventually bring the whole into this country overnight. Now, their worst fears have been fully country face to face with starvation. Every available facility within justified. Size alone considered, the fly is a rather insignificant speci­ tbe State, including the National Guard, bas been organized to combat men. It closely resembles the common bouse fly and is about half as the pest. large. But what 8. swarm of the flies can do to a citrus fruit grove is "An urgent appeal has been made to President Hoover for Federal a plenty. Other fruits and vegetables are by. no means immune from aid in the eradication of the fly before it spreads to other States and its depredations. Thus the intensive fight to prevent its spread to other plays havoc with the fruit and vegetable industries. As other countries States. To this end, more than 6,000 men in Florida are waging one have failed to oust the pest, once it became established, a desperate of the fiercest battles against a foreign plant pest in the annals of the fight to the finish looms. A delegation of prominent Florida business country's history. As the Florida citrus !mit crop is valued at men left this morning for Washington to confer with Alexander Legge, $50,000,000, and the fruit crop of the Nation at $600,000,000, the im­ chairman of the Federal Farm Board, concerning additional financial portance of eradicating or controlling the pest is apparent. assistance." Meanwhile, the Mediterranean fruit fly has already made its presence felt at the White House, the Treasury Department, and on Capitol Hill. Admittedly, it's quite a far fetch from the days of Moses and Presid,ent Hoover recommended a $4,250,000 appropriation to be ex­ Pharaoh to the year of our Lord 1929, but the perpetual battle of pended in the fruit-fly war. Following a tour of inspection of citrus mankind against the insect tribes of the world has continued through fruit orchards in Florida by seven exp~rts named by Secretary of Agri­ the ages. Moreover, the account of· the locust invasion of Egypt is culture Hyde, the tight-fisted Federal Farm Board, which had previously strikingly similar to present-day news dispatches. To-day there's oo turned a deaf ear to all applications for loans, loosened up and 0. K.'d Moses to lift his hand as a signal for the pests to evacuate the fields a several-hundred-thousand-dollar loan for a Florida fruit cooperative. and depart hither and yon; bot ingenious entomologists and chemists The President 1s also reputed to be agreeable to a proposition to repay have devised effective ways and means for controlling the bugs. the citrus fruit grove owners out of Federal funds for losses sustained Peradventure the Kellogg peace pact measures up to the fondest in cleaning up their orchards in accordance with Government regula­ expectations of its most ardent supporters-there will be no more wars tions. Although the fruit fly might not have had any connection with .among the human races throughout the world. The significance of such it, one vote on the tari1r bill in the House last spring, and the switch of a state of affairs is of nation-wide importance. But none the less two votes on the farm relief bill in the Senate, have been mucb talked important is the progress of the constant warfare that farmers have about on Capitol Hill been forced to wage against voracious insect pests ever since Moses led But it seems to be the irony of fate that the depredations of the the children of Israel out of bondage in Egypt. Were we to be left Mediterranean fruit fly should seriously hamper the operations of for a single year at the mercy of the bugs, staf'vatton would stalk Florida bootleggers. Under present quarantine regulations, automobiles, the land. prior to departing from infested areas, are thoroughly inspected and According to W. H. Hawley, a proficient Washington statistician, given a chemical spray bath to prevent the pest from slipping through bugs of one sort and another annually touch the farmers of the United the border patroL Obviously the transportation of illegal hooch under States for the stupendous sum of $1,723,687,100. llis tabular chart, these conditions 1s ticklish business. which accompanies this article, graphically portrays the yearly damage The Mormons probably had tbe first serious tnt with a plant pest in to farm crops and livestock due to the ravages of insect pests. The this country. Smarting under prosecution in the East because of their damage to corn alone-$314,438,000-simply staggers the imagination. religious creed, they loaded their belongings onto slow-plodding oxcarts Vegetable growers are the next hardest hit by bugs that cut their and began the long trek across the trackless wilderness to the land of profits short $258,000,000 a year. Fruit men lose $201,127,000 annually­ the Golden West. Menaced on every side by wild beasts and wilder to insects. Livestock losses approximate $128,000,000. Even after savages, they finally halted the lowing oxen on the rim of the great LXXI-235 3720 CONGRESSIONAL REC.ORD-SENATE SEPTElffiER 18 Salt Lake Valley and pitched in to make for themselves a home, far it difficult to approximate par. This threatened menace to the stamp­ from the haunts of other men. Even before their cabins of rough- ing grounds of the pill chasers loomed eminent for a while, and dire hewn logs h~d been completed, ground was cleared for the planting of premonitions of vengeance made the welkin ring. What's the analogy corn, beans, peas, and other seeds which they had brought with them. between farming and gol!? There isn't any such animal, but men who Soon plants sprung up in the fertile soil and grew and thrived. Every- would scorn a plow handle or hoe handle because it's work will walk one was delighted. Eureka had been found. The harvest would tide 5 miles lambasting a little white sphere and call it play; but stop one them over the winter. Next spring they could begin their farming of them if you can. Taking a golf club from a dyed-in-the-wool fan operations in earnest. Farmers the Mormons ·were and, for that matter, is just like trying to deprive a hungry kid of an aU-day sucker or a they still are. Congressman of a quart of pre-war Scotch. But the Japanese beetle Then like a thunderbolt out of a clear sky came the voracious grass- bas been brought under control. Even the golf courses are safe. hoppers. Vast hordes invaded the verdant fields. Green changed to Our worst wheat enemy, the Hessian fly, probably entered this conn­ black and hope faded into despair. The Mormons were terror stricken. try during the Revolutionary War. It was first discovered in the Their very lives depended on harvesting that crop. Otherwise starva- vicinity of Long Island, N. Y., where Lord Howe's army was encamped tion would stare them in the face. They must give battle. Armed three years before. On the supposition that it had been brought over with clubs and sticks and stones, they sallied forth to the fray and in the straw bedding used by Howe's Hessian mercenaries, the pest smote the grasshoppers hip and thigh. But their el'lorts were in vain. was dubbed the Hessian fly. Although continually active, this pAst A hundred grasshoppers sprang up to take the place of every one that breaks out periodically and redoubles its efi'orts to clean up the wheat died. Indeed, the situation was critical. They were months from the fields east of the Mississippi. It is also active on the other side of nearest settlement. Ere a poky ox team could go and return with food the river, sometimes robbing- the wheat farmers of Kansag of $16,000,000 all would be dead. Just when all hope was about to be abandoned de- in a single year. In the case of the Hessian fiy an ounce of prevention liverance came-a miracle, as much so as any recorded in the Bible. is worth a pound of cure, for once it is established, no remedy is known As swiftly and as mysteriously as the grasshoppers had put in their that will destroy the pest or save the crop. appearance, myriads of seagulls swooped down from heaven, it seemed, In the chinch bug we have one of the most destructive of all native and devoured the pests, body and soul. bugs that attack grain and grass crops in this country. The first gen- J,uckily sufficient corn and vegetables ripened to keep the Mormons eral outbreak occurred about 1785, and they have been recurring with alive that winter, and a bountiful harvest the next year assured the fairly constant frequency ever since. Although the chinch bug is a permanence of the colony. Out of gratitude to the birds for deliverance speckled beauty, it is destruction personified when it invades our grain from the grasshoppers the Mormons erected the famous seagull monu- fields, particularly if it is a dry year. Speaking of the bug recalls the ment at Salt Lake City-a tall shaft, atop which the likeness of a gull clever advertisement that is reputed to have gone the rounds years with outstretched wings is perched. ago. A certain company advertised a sort of .. death-all" remedy for Back about 1892, when the cotton boll weevil marched up out of use in the extermination of chinch bugs. It was sure death, they said, Mexico into the cotton fields of Texas, ravaging bloom, square, and boll, and so guaranteed it to deliver the goods. Farmers who were gullible later invading the whole Cotton Belt, southern farmers thought they enough to bite received a neat package by mail a few days later. In­ were ruined for all time to come. The fleecy staple was the only money side the box were two blocks, numbered 1 and 2, and accompanied by crop that they knew anything about. It never seemed to dawn upon these simple directions: them that anything else would grow on the land. 'l'hey appealed to "Catch the chinch bug and lay it on block No. 1. Then mash it with the Department of Agriculture for aid and scores of e.xperts responded. bloek No. 2." The doctrine of rotation and diversification of crops was preached from Sure death ; no doubt about it. the bins and valleys. Soon corn and fruit and vegetables were thriving The European corn borer, supposed to have gained entrance into where only cotton grew before. Pedigreed pigs replaced the razor- America about 1917, in shipments of broomcorn from Italy or Hungary, back hogs and dairying put in its appearance. For the first time in their has given corn farmers plenty to think about in recent years. Congress lives cotton farmers were raising their own hog and hominy. Pros- has appropriated $10,000,000 for eradication and control purposes. perity smiled so graciously upon them that the boll weevil was pro- Although entomologists are convinced that the corn borer is here to stay, <:laimed a blessing in disguise. So happy were the farmers of Coffee they have demonstrated that it can be held 1n check, with negligible County, Ala., they erected a stately monument to the erstwhile pest at damages resulting, if proper clean-up methods are practiced by the Enterprise. It was dedicated with elaborate ceremonies on December producers. 11, 1919, while thousands of farmers and members of their families Besides the bugs already mentioned, there are scores of other insect looked on and applauded. Contrary to the general belief, this memorial pests that continually aggravate the farmer. For instance, Mexican bears no resemblance whatsoever to the figure of a boll weevil, but it bean beetles, army cutworms, tobacco worms, cabbage moths, Colora-do is a giant circular fountain supported by a concrete base, with a statue potato beetles, apple aphids, and so on, ad infinitum. Flies, ticks, fleas, of Liberty atop, holding aloft the torch of knowledge. and grubs make life miserable for livestock. Bedbugs, ants, roaches, But the Department of Agriculture experts were not content with and mosquitoes pester housekeepers. No wonder the fight against in­ teaching diversification to the farmers of the South. They turned their sect pests must go on. attention to the problem of devising ways and means for controlling Who's fighting the bugs and how? The fanners naturally bear the the boll weevil. Even airplanes were brought into play as dusting in- brunt of the battle, for they constantly occupy the front-line trenches. strm.nents of death. Was the pest controlled? The bumper crop for They comprise the shock troops of the Nation's standing bug army. all time, nearly 18,000,000 bales, was produced in 1926. Uncle Sam lends a helping hand through the Department of Agriculture. Tourists visiting Washington this spring and summer have wondered In fact, one of the most strategic points on the battle front is manned why on earth little green cans were placed all over town. Some thought by the plant quarantine and control administration. It constantly main­ them to be new-fangled lights ; others imagined they were drinking tains inspectors at ports of entry to closely scrutinize imported products fountains, or goldfish aquariums, or bird baths. As a matter of fact, that might harbor dangerous plant pests. Because of the danger of they are employed by Uncle Sam's entomologists b the perpetual battle letting foreign insects into the country many species of plants are with the bugs-Japanese beetle traps. This pest has a hankering for barred from our shores by drastic quarantine regulations. the smell of geraniums, so the traps were baited with geranoil, a chemi- The spread of a pest from one part of the country to another is re­ cal with a geranium odor, and the susceptible beetles are thus lured tarded by domestic quarantine rules. State agricultural colleges and to their doom. This bug is no respecter of persons. Japanese beetles experimental stations do their bit. Death-dealing spraying and dusting marched into the White House grounds just as complacently as if it had machines, comparing favorably with tanks and Big Berthas, as well as been the humblest garden in the land. Not satisfied with that, the pesky specially equipped airplanes and gasoline-propelled tanks th.at spit "critters" walked up to the front door of the Capitol and shook their streams of red-hot oil flames have been designed and perfected by farm­ fists in the faces of Senators and Representatives who were in the very implement manufacturers. The ingenuity of our ablest chemists is act of passing a farm relief bill. Then the Bureau of Entomology got taxed to its uttermost to provide effective ammunition for the tanks and busy and devised the little green can especially for old man beetle. dusting guns. Millions of bugs are destroyed by burning over their The Japanese beetle is another foreign-plant pest that made its way hibernating grounds. Clean-up methods are practiced in the fields; dead into this country about 10 years ago, most likely as a grub in the soil stalks cut, raked in piles, and burned. Birds devour countless thousands. about the roots of imported nursery stock. Until recent years its Parasites from the native haunts of the pests are imported to prey upon deprt-dations have been largely restricted to areas in New Jersey and them. Horticulturists and botanists help out by propagating pest­ Pennsylvania, but it is gradually spreading to other States. Consid- resisting specimens of plants. ered one of the most ravenous marauders, the beetle attacks orna- So the perpetual battle of the ages continues unrelentingly-the mental plants, flowers, vegetables, fruit and shade trees, doing its work gigantic struggle of the farmers against the insect tribes of the world. between June and September. Despite the intensity of the fray, the bugs exact their annual toll of But tbe Japanese beetle does not confine its operations exclusively to approximately $2,000,000,000-figures that stagger the imagination. fruits and vegetables. In truth, it had the ·audacity to invade the golf It is not solely the farmers' problem; it is everybody's problem, for the links in certain sections of the country. The female beetle lays .her farmer feeds the world. eggs in the soil among the fairways and greens, and the white grubs - Once upon a time a man made this remark : " I wish that all the bugs hatched therefrom feed on the grass roots with disastrous effect. Be- in the world were one big bug and I had 10 tons of dynamite at my sides, the burrowing grubs render the fairways soft and spongy, making disposal." Would he have had the audacity to touch a lighted match 1929 CONGRESSIONAL RECORD-_. SENATE 3721 to the fuse? In truth, jt makes a body shudder to anticipate the eon­ During the 17 years since the enactment of the plant quarantine act sequences if there were no busy bees to carry pollen from bloom to it has proved its effectiveness in protecting our agriculture from the_im­ bloom. portation of new ins~ts and diseases! D~g the fiscal year ending Annual loss to farmers of the UniteRD I will not detain the Sen­ SACRAMENTO~ CALIF.~ September 11~ 1929. ate by asking tbe clerk to finish reading them. Bon. SAMUEL M. SHORTRIDGE, The PRESIDING OFFICER. Without objection, the letter United States Senate, Washington~ D. 0.: and telegram will be printed in the Rl!XJO!ID. California vitally interested in foreign plant quarantine program of · The letter and telegram are as follo-ws: United States Department of Agriculture, and in view of past introduc­

WASHINGTON1 D. C., September 18~ 19!9. t1on p·ests can not afl'ord to see Federal plant quarantine act weakened Bon. SAMUEL M. SHORTRIDGE, tn any degree. Understand tariff bill carries amendment to plant quar­ Urvited States Senate~ Wash4ngton, D. 0. antine act which if enacted will greatly weaken authority Secretary of MY DEAR SENATOR : All of the work which has been done under. the Agriculture in promulgating foreign plant quarantines. In first place, plant quarantine act since 1912, as well as the futtn-e efreetlveness of tariff and quarantines should be kept entirely separate and distinct ; and, this measure, are imperilled by the amendment inserted in the tariff second, plant quarantine act should not be weakened, particularly in bill now before the Senate m section 306 (d) which seeks to interpret face of need tor strengthening all quarantin~ activities to prevent fur­ the plant quarantine act. Subsection (d) of this seetion should be ther Introduction such serious pests as fruit fiy and pink bollworm and eJimina ted. corn borer. VVill greatly appreciate your assistance preventing passage The effect of this amendment would be to forbid the Secretary of of this amendment. Agriculture from excluding foreign plants, fruits, bulbs, seeds, vege­ G. B. HECKE, tables, nursery stock, and other plant products unless he can make an Director of Agriculture. exact determination for every shipment that sueh products are tnfected wHh diseases or infested with injurious inseets whieh are new to or Mr. JONES. Mr. President, I can not discuss this matter at not theretofore widely prevalent or distrlbuted within and througl:lout any length. I merely wish to say that in my judgment it would the United States. To etfeetlvely enforce the plant quarantine act be a calamity to have this amendment adopted. under such a restriction in such a way as to etfeetively protect our Mr. DILL. Mr. President, I am somewhat at a loss to know agriculture from the Importation of plant diseases and inseets would why the committee ever wrote this amendment into the bill. be next to impossible. _ I can not believe that they understood conditions existing in the To make such exact determination tQr every shipment it would be western part of the country, particularly, when they wrote it, I necessary in many instances to eut each article of fruit or vegetable and hope that the amendment will be defeated. and this would necessarily render the article unfit tor sale. Moreover The PRESIDING OFFICER. The question is on agreeing to it would require an enormous number of inspectors to make such a the amendment reported by the committee. thorough examination of all imported plants or plant products. The The amendment was rejected number of inspectors now available under the present administration Mr. SMOOT. Mr. President, that amendment having been of the act is very Insufficient due to inadequate fonds and the number rejected, it will be necessary to reconsider the vote by which an would be hopelessly inadequate if this new amendment is approved. amendment to section 306, in the heading of that section, was Another important aspect of this matter which deserves consideration agreed to. I ask that the vote whereby the words " and plants " 1s the fact that many diseases and insects can not be intercepted with were Inserted in that heading may be reconsidered. - any degree of certainty except at certain stages in their life cycle. A The PRESIDING OFFICER. Without objection, the vote whereby the amendment inserting the words " and plants " was plant ()1' plant product may actually be Infected with disease or infested with injurious insects at the time of importation but the inspectors agreed to is reconsidered. normally would not be able to detect them at that time. Their presence Mr. SMOOT. I now ask that the amendment be rejected. would only become evident at a later period when the life eycle has The PRESIDING OFFICER The question is on agreeing to reached a further stage ot development. the amendment inserting the words " and plants." The amendment was rejected. Once a pest l~e the corn borer, the boll weevil, the JapanesE) beetle, As or the Mexican b~n beetle gets established it iB exceedingly difficult, if Mr. SMOOT. the committee amendment on page 290 was . not impossible, to eradicate it, and vast sums of money and effort must rejected, I move to reconsider the vote by which the amendment be expended in order to prevent its spread. Furthermore, farmers in in llne 17~ on page 289, striking out the word "purposes" B:D-d the infested area must either abandon the production of crops attacked inserting the words "foregoing provisions " was agreed to and by these pests or diseases or else suffer heavy losses which in tu:rn then I shall ask that the amendment be rejected. If my motion increases their costs of production and indirectly the cost of living to shall prevail the clause will read- the ~onsumer in the city. rules and regulations io carry out the purposes ot ·this section. 3722 CONGRESSIONAL RECORD-SENATE SEPTEMBER 18 The PRESIDING OFFICER. Is there objection to reconsid­ the ship to enforce a lien in the case of every other narcotic or ering the vote by which the amendment in line 17, on page 289, drug prohibited from importation ; and I can not understand was agreed to? The Chair hears none, and the vote is why anyone should want to make an exception in favor of smok­ reconsidered. ing opium: The question now is on agreeing to the amendment reported Mr. SMOOT. No. by the committee. Mr. ROBINSON of Arkansas. I am sure that is not the in­ The amendment was rejected. tention of the amendment, but that is the effect of it. The Mr. ROBINSON of Arkansas. Mr. President, there are two present law penalizes any master of a vessel and any person in amendments on pages 446 and 447 which were first agreed to charge of a vehicle who fails to produce a manifest to the au­ and then reconsidered at my request. In one of them, I am thorized officer. Penalties are also imposed for falsity in the particularly interested in asking the attention of the Senate to manifest, or having on board merchandise not included in the it. Does the Senator from Utah desire to take that up now? manifest. It has been held that ample power exists for the It relates to the immunity of common carriers from certain remission of the penalty; and under the proposed statute, as provisions of the drug act. has just been suggested by the Senator from Wisconsin [Mr. Mr. SMOOT. We might just as well take the amendment LA FoLI.ETrE], there need be no enforcement of the lien if the up now, although it has been agreed to. Does the Senator wish Secretary of the Treasury finds that iliere is no negligence or to have the vote by which it was agreed to reconsidered? culpability on the part of the owners. Mr. ROBINSON of Arkansas. The votes by which the amend­ Mr. SMOOT. Mr. President, may I call the Senator's atten­ ments were agreed to have already been reconsidered. That tion to a letter by the Attorney General, Hon. John G. Sargent, was done day before yesterday ; but no action was taken at that found in the hearings at page 598? I will read just the con­ time. clusion of the letter, not the whole letter: The effect of the Senate committee amendment if it shall be Though the traffic in narcotic drugs is a great evil wWch requires agreed t<~·and I call particularly the attention of the Senator us to exert to the limit permitted by the statutes our efforts to suppress 1).-om Montana [Mr. WALSH] to thls discussion-will be to it, that fact does not justify us in pressing the statutes beyond that exempt common carriers with respect to the smuggling of limit as fixed by. sou~d can~s of construction. smoking opium. Under the opium and narcotic act approved May 26, 1922, Then he adds-this is what I wanted to call attention to: it was provided- In my opinion, the proviso in section 594 of the taritl' act applies That a narcotic drug that iB found . upon a vessel arriving at a port to common-carrier vessels upon which, in violation of section 584, un­ of the United States or territory under its control or jurisdiction and is manifested smoking opium bas been found. not shown upon the vessel's manifest, or that is landed from any such Mr. ROBINSON of Arkansas. Yes. vessel without a permit first obtained from the collector of customs Mr. SMOOT. That is what the Attorney General holds. for that purpOse, shall be .seized, forfeited, and disposed of in the manner Mr. ROBINSON of Arkansas. The Attorney General held provided in subdivision (d) of section 2, and the master of the vessel last February that a common carrier was exempted from the shall be liable (1) if the narcotic drug is smoking opium, to a penalty penalities provided in section 584 ; but I do not think that is of $25 an ounce, and (2) if any other narcotic drug, to a penalty equal the intention of the Congres . I do not think a common carrier to the value of the narcotic drug. ought to be exempted from penalties in a case of smoking opium. (b) Such penalty shall constitute a lien upon the vessel which may There is no reason for it, unless the Senators who advance the be enforced by proceedings by libel in rem- pl'oposition · want to encourage the importation of smoking And so forth. opium in violation of law. If they want to encourage smug­ The Senate committee amendment to which I am now referring gling, that is the best way to do it; but, of course, nobody has the effect of exempting common carriers from a penalty for desires to accomplish such an end. If the smugglers find out opium not manifested, and if that is done it will tend to relax that common carriers are exempted, they will utilize these ships the vigilance of the operators and owners of the ship in · sup­ to increase the flow of opium into America. The owners will pressing the opium traffic. feel secure in the knowledge that the Government can not reach Mr. LA FOLLETTE. Mr. President-- them unless it proves that the owner was privy to the smuggling. The PRESIDING OFFICER. Does the Senator from Arkan­ Mr. SMOOT. Mr. President, if the Senator will take the sas yield to the Senator from Wisconsin 1 proviso referred to here---- Mr. ROBINSON of Arkansas. I yield to the Senator from Mr. ROBINSON of Arkansas. What proviso is the Senator Wisconsin. referring to? Mr. LA FOLLETTE. I also wanted to suggest to the Senator Mr. SMOOT. The proviso on page 455. from Arkansas that there seems to be no reason for the elimi­ Mr. ROBINSON of Arkansas. Of the bill? nation of the responsibility of the owner, in view of the fact Mr. SMOOT. Yes; section 594, beginning with line 8. That that section 618 gives the Secretary of the Treasury the power is not limited to smoking opium. It says: to remit the fine in case he finds that the violation was not due That no vessel or vehicle used by any person as a common carrier in to negligence. the transaction of business as such common carrier shall be so held Mr. ROBINSON of Arkansas. Yes. or subject to seizure or forfeiture under the custom laws, unless it My limited examination of the subject finds no support what­ shall appear that the owner or master of such vessel or the conductor, ever for this amendment, and I do not believe it ought to be driver, or other person in charge of such vehicle was at the time of the agreed to. If the language is kept in the bill both the owners alleged illegal act a consenting party or privy thereto. and operators of the ships will have to employ guards to detect smuggling operations and conduct searches of their vessels for That is the existing law; and all common carriers are exempt, contraband. This will tend to the enforcement of the narcotics not only for smoking opium, but-universa,lly. That is the exist­ act which I think all Senators desire to see accomplished. ing law. The second amendment, as pointed out by the Senator from Mr. ROBINSON of Arkansas. That is not the law as provided Wisconsin, will not unfairly penalize the owners, because, as he by the act of May 26, 1922. In that act the finding of a narcotic bas just stated, the authority exists for the remission of the drug upon a vessel arriving at a port subjects the vessel to a penalty except in cases where the circumstances show clearly lien for the penalty, which may be enforced by proceedings in that it ought to be imposed. libel. The clearance of the vessel from a port of the United I do not wish to enter into a prolonged discussion of this States may be withheld until the penalty is paid, until there is amendment. I am willing to take a vote, unless the Senator deposited with the collector of customs at the port a bond in a from Utah desires to contest the position I am taking. penal sum double the amount of the penalty, with sureties ap­ Mr. WALSH of Montana. Mr. President-- proved by the collector, and conditioned on the payment of the The PRESIDING OFFICER. Does the Senator from Ar­ penalty, and so forth. kansas yield to the Senator from Montana? Mr. Sl\fOOT. Mr. President, will the Senator yield right Mr. ROBINSON of Arkansas. I do. there? Mr. WALSH of Montana. Will the Senator give us again Mr. ROBINSON of Arkansas. Yes. . the reference to the act mentioned by the Senator from Wis­ Mr. SMOOT. That law was passed in May of 1922 . consin? Mr. ROBINSON of Arkansas. Yes. Mr. LA FOLLETTE. Mr. President, I referred to section 618, Mr. SMOOT. The tariff act of 1922, as I remember, was to be found on ~age 1:70 of the print of the bill we are now passed in September. It was a later act than that, and therefore using. that act is not in effect at the present time. This is the wording Mr. ROBINSON of Arkansas. The adoption of the amend­ of the act of 1922. ment would have the effect of leaving smoking opium in a sort Mr. ROBINSON of Arkansas. What is the wording1 of sroelded class or position. The procedure may be ~!minst Mr. SMOOT. What I just read. 1929 CONGR}TISSION AL 'RECORD-SENATE 3723 Mr. ROBINSON of Arkansas. The provision in section 594 r Mr. JlOBINSON of Arkansas. I do not agree with tb:at as a Mr. SMOOT. That comm-on carriers are exempt generally.­ legal proposition at all. I think the plain import and the legal not on smoking opium or anything else. They are exempt; and effect of the Ianoouage "unless it shall appear" is that unless this was the act of September, 1922. The Senator is reading the ~vidence sl).ows that the owner or master of the vessel, from the act of May, 1922. The act of September, 1922, amended or driver of the vehicle, was a consenting party or privy thereto, that act. no matter how much opium was found on the vessel, unless the Mr. LA FOLLETTE. Mr. President, will the Senator from Government established the fact, unless it appeared, that the Arkansas yield r -owner or operator did consent to the violation of the law, the Mr. ROBINSON of Arkansas. I yield. Government would lose its case. The language can not have Mr. LA FOLLETTE. As I understand, the purpose of the any other effect, in my humble opinion ; and I seldom disagree House in putting in the words " notwithstanding the proviso in with the Senator from Montana ~n a legal question. section 594 of this act " was to meet the situation created by the Mr. WALSH of Montana. T~at would be entirely obviated by Attorney General's opinion. such an amendment as the Senator suggests, by making it, Mr. ROBINSON of Arkansas. That is right. instead of • was," to read "so that the owner or master shall Mr. LA FOLLETTE. And, of course, it seems to me, as the establish that he was without," and so on. Senator from Arkansas has pointed out, that if these common Mr. ROBINSON of Arkansas. Yes; but plainly under this carriers are relieved from any responsibility it becomes a very language no penalty can accrue to the persons mentioned in the simple matter to engage in the business of smuggling smoking proviso, unless it is proven-that is what " unless it shall opium and other narcotics. appear" means-unless the evidence shows that they consented Mr. COUZENS. Mr. President, will the Senator yieldr to the violation of the law or were privy to it Of cour.se Mr. ROBINSON of Arkansas. I yield to the Senator from we all know that if you put that sort of a. burden on the Gov: Michigan. ernment, there will be very few cases in which ·you can establish Mr. COUZENS. I should like to ask the Senator from Utah the actual consent, or the fact that the parties were privy to whether that is not the section which the customs officials the wrong. I think it is quite an important matter, and unless pleaded with us not to enact? . As I remember, the customs offi­ you want to encourage smuggling, unless you want to make it cials appeared before the committee and urged us not to make easy to bring opium into the United States, do not put the this amendment, and to leave the language in the law as burden on the Government of proving facts which in ordinary provided by the House. cases are so concealed that they are very difficult of establish­ Mr. ROBINSON of Arkansas. That is my information. ment. Even accepting the suggestion made by the Senator from Utah Mr. SMOOT. Mr. President, the only amendments the that a subsequent act modified the statute that I cited in the Finance Committee made were those restoring the existing law. beginning, the act of 1922 relating to na~cotics, as contained in There is not anything else in these amendments but for the the proviso on page 455 of the bill-I ins~t that that proviso purpose -of restoring existing law. ought to be modified. Mr. COUZENS. 1\Ir. President, will the Senator yield? The effect of that proviso is to put the burden of proof on the Mr. SMOOT. I yield. Government to establish the fact that the owner, master, con­ Mr. COUZENS. In that connection I think the Senator is ductor, driver, or other person in charge of said vehicle was a right, but I want to point out that we had a long discussion in consenting party or privy thereto. That is a moral impossi­ the committee about the matter, and the custo:rp.s authorities bility in many cases where smuggling is being effectively carried appealed very vigorously to sustain the House proVision. It was on. People who smuggle opium do not do it openly. They con­ pointed out beyond a doubt that they needed the provision ceal the evidences of their responsibility and guilt. The very placed there in the House properly to enforce tbe narcotic law. nature of the unlawful business implies that sort of conduct on I think the committee amendment should not be agreed to. their part. Why should one who is driving a vehicle or o~rat­ Mr. ROBINSON of Arkansas. I thank the Senator. ing a vessel, or who owns a vessel, be given the advantage of Mr. SMOOT. I want to say to the Senator that I do not having imposed on the Government the responsibility of estab­ remember representatives of the Bureau of Customs appearing lishing a fact which in ordinary cases never can be proven? before the committee on these two sections. I think the Senator Mr. WALSH of Montana. Mr. President-- is mistaken about that. 'rhe PRESIDING OFFICER. Does the Senator from Arkan­ Mr. COUZENS. I think not. I remember the coi11Illissioner sas yield to the Senator from Montana? urging his views very vigorously in connection with this matter. Mr. ROBINSON of Arkansas. I yield to the Senator, of There was some very heated discussion. course. Mr. ·SHORTRIDGE. Mr. President, there seems to be an Mr. WALSH of Montana. If the amendments proposed by the honest difference of opinion as to the result of theJ3e amend- Senate committee should be rejected, section 584 wonld cover ments should they be adopted. - the case of opium exclusively; and it would not fall under the Mr. ROBINSON of Arkansas. I do not think there is any provisions of section 594 because specifically provided for. difference of opinion as to the effect of them. There is a Mr. ROBINSON of Arkansas. Yes. difference of opinion as to the desirability of them, apparently. Mr. WALSH of Montana. The Senator from Utah the other Mr. SHORTRIDGE. No one wishes to weaken the law-­ day took the position that the proviSions of section 584 were Mr. ROBINSON of Arkansas. That ls the very paint I am controlled by the provisions of section 594. making. Mr. SMOOT. That is what the Attorney General says. Mr. SHORTRIDGE. No one wishes tb weaken the law in its Mr. WALSH of Montana.. If the Attorney General has that attempt to prevent the importing into our country of these idea, I think he is obviously in error about it, because section vicious, deadly drugs and narcotics. 584, being speeific, would control over section 594. But if the Mr. ROBINSON of Arkansas. I do \ not say what anyone amendment of the Senate committee to section 584 should be wishes to do, bnt I certainly am permitted, without offense to rejected in order to avoid that conclusion, section 594 should my magnanimous friend from California, to say that the plain be amended so as to provide, after the word "laws," in line 1~ effect of the language employed in the Senate committee amend­ " except as provided in section l>84 of this act," so as to be sure ment is to relax the laws and regulations against the importa­ that the importer of opium could not protect himself under lhe tion of opium into the United States. provisions of section 594. Mr. SHORTRIDGE. My amiable friend is entirely justified Mr. ROBINSON of Arkansas. Let me say, right in that con­ in making the latter statement. nection, that my information is that the House provision was Mr. ROBINSON of Arkansas. I thank the Senator from inserted to obviate the difficulty which had been encountered in California. the enforcement of laws against smuggling opium through the Mr. SHORTRIDGE. . But a. moment ago, perhaps in hasty opinion of the Attorney General. It was the object of the House speech, the Senator threw in the phrase " if anyone wishes to provision to relieve from those difficulties, and the effect of the make it easier." Senate committee amendment is to perpetuate those difficulties. Mr. ROBINSON of Arkansas. I repeat that with all the ffir­ Mr. WALSH of Montana. I rose to say, Mr. President, that nestness at my command-if you want to make it easy to brin~ if that course is adopted and it is made entirely clear that opium into the United States, adopt this amendment and say opium can claim no immunity whatever under the provisions of to the owners and operators of vehicles and vessels that the section 594-and that ought to be made clear-! doubt whether burden of proof shall be on the Government to prove that they the position taken by the Senator from Arkansas is correct knew the law was being violated. I repeat that with all the ·that the burden would be upon the Government under the clause earnestness that I can command. "unless it shall appear," and so on. It seems to me that, the 1\Ir. SHORTRIDGE. I merely observe, and then I am done, Government having established that the property was not ln­ tbat thBre is a difference of opinion as to the result of the two cluded in the manifest, the burden would then fall upon the amendments, as to casting the burden upon the shipowner or shipper to establish the condition. upon the Government. 3724 CONGRESS! ON AL RECORD-· eEN ATE SEPTEMBER -18 :Mr. ROBINSON of .Arkansas. I will ask the Senator irom Mr. ROBINSON of .Arkansas. He has the remedy referred California, who is a great lawyer, what his construction is of to. by the Senator from Wisconsin. If it appears he has not the following language with respect to the burden of proof1- guil1! _knowledge, the Secretary of the Treasury, under another That no vessel or vehicle used by any person as a common carrier in proviSion of the act, would have entire authority to remit the the transaction of business as such common carrier shall be so held or penalty. subject to seizure or forfeiture under the customs laws unless it shall You _can not. treat smuggling operations, particularly the appear that the owner or master of such vessel or the conductor, driver, smuggling of opmm, as an ordinary criminal offense, and if you or other person in charge of such vehicle was at the time of the alleged attem~t to th~ow aro~d persons who are accused of violating illegal act a consenting party or privy thereto. the op1.um ~n~smugglmg laws, those ordinary safeguards which Mr. SHORTRIDGE. My answer is that that language is very apply m CI'liD.lnal cases, if you impose the burden of proof on clear, very definite. There is nothing ambiguous or uncertain the Government, as the Senator from Oregon concedes this about it. It merely means, as iS manifest, that the burden rests sta~e. ~~· you will have very great difficulty in preventing upon the Government to show that the owner of a vessel, or the or dimimshing the smuggling of opium. Mr. STEIWER. Mr; President, will the Senator allow me to other person named, was guilty of violating the law. inteiTupt him there? Mr. ROBINSON of Arkansas. Yes; was a consenting party Mr. ROBINSON of Arkansas. Certainly. , or privy to it. J Mr. SHORTRIDGE. Since when, may I ask with respect, Mr. STEIWER. With respect to the master, who is clearly held c~argeable under this provision, would not the Government a?d not to g~t into a controversy over a simple legal proposition, srnce when rn our country has it been the law that one accused be obliged to show that he had acted with knowledge? The of ·violating the law should bear the burden of establishing his thing I am trying to get at is this, with respect we will say to innocence? the person in possession of the opium, the knowiedge, of cou~·se, 1\Ir. ROBINSON of .Arkansas. Mr. President, all regulations would be presumed, because it would flow from the fact of pos­ against the importation of opium have placed the burden on session, and, of course, there is every sound reason for holdino­ tho e in possession of the opium to prove their innocence and that person liable. He would be the guilty party. What sound you will ner-er have an enforcement of the antiopium la~s if reason exists for holding the owner of a common carrier liable you put the burden on the Government to prove that the owners when the owner is not present, when the owner is charged by and operators of those agencies on which the importations take law with accepting freight and passengers and in the fulfill­ place are presumed to be innocent until the evidence shows their ment of his duty as common carrier undert~es to bring across guilt. the ocean into our ports a certain passenger, who, without his Mr. SHORTRIDGE. I take this position here and now in knowledge and without his connivance and without any consent respect of this matter, and I would take like position in re­ at all, brings in some contraband article? What moral justifica­ tion is there for that? spect of any v_ioh;t~on of a law, that be one in rags or in purple, r1ch or poor, mdiVIdual or corporate, if he is accused of violat­ Mr. ROBINSON of .Arkansas. Mr. President, there is this ing a law of our country, his innocence is presumed, and that justification, which I have tried to make plain heretofore. the accuser, if it be the Government, must establish his or its Smuggling is, in its nature, a crime of great secrecy. If you exempt the owner of a vessel and the master of a vessel from guilt. liability for violation of the law against importing drugs you Mr. ROBI~SON of Arkansas. Mr. President-­ Mr. SHORTRIDGE. Suffer me just to add a word. necessarily relieve them of those police responsibilities ~hich 1\fr. ROBINSON of .Arkansas. I have the floor -and the Sena­ would otherwise attach. tor ought to permit me to have a word or two in ~Y own time. What difference would it make to the owner of a vessel if he Mr. SHORTRIDGE. Proceed . . is not to be penalized, if some one converts his ship, a common Mr. ROBINSON of Arkansas. Taking the Senator's own carrier, into an instrumentality for the violation of the laws illustration, of course the ordinary ru1e of law is that the de­ of ~his country? How could it harm him unless we hold him fendant is presumed to be innocent until the evidence establishes responsible, if his ship should become employed primarily in his guilt beyond a reasonable doubt, and then we all know the smuggling operations? If _it is desired to make it easy to restrictions that are thrown about convicting a person accused smuggle, then let us relieve everybody of liability for the of Clime. But the fnct remains that when you seek to prevent operation except in those cases where too Government can the importation of contraband through the ports of the United prove that the persons charged consented or were privy to the States, if it is found upon a vessel or in a vehicle, the operator violation of the law. of the vehicle is not entitled to a presumption of innocence. Mr. ¥resident, this is an important question. The possession of the contraband ought to transfer the burden Mr. BINGHAM. Mr. President-- from the Government to the possessor of the contraband. The PRESIDING OFFICER. Does the Senator from Ar­ Otherwise you will make it impossible to enforce police regu­ kansas yield to the Senator from Connecticut? lations of this nature. Mr. ROBINSON of .Arkansas. I yield. Mr. STEIWER. Mr. President-- Mr. BINGHAM. Is it not true that the clause which the Senator read and to which the Senator makes such strenuous . Mr. ROBINSON of Arkansas. If you say that one who has objection is the present law and has been the law for the last opium on his person is presumed to be innocent of any inten­ seven ,years? · tion to violate the law, you put an impossible burden on the Government; you will never enforce the regulations against the Mr. ROBINSON of Arkansas. I do not know whether it is importation of opium. I yield to the Senator from Oregon. the law or not. Mr. STEIWER. Mr. President, the Senator from Arkansas Mr. BINGHAM. Is it not a fact that it is the present law speaks constantly of the placing of the burden upon the Govern­ and there is no change? ment. I think in that he is right, so far as the legal construc­ Mr. ROBINSON of Arkansas. No; I do not think it is. I tion of the language is concerned. In the prosecution it would think, as pointed out by the Senator from Montana that there be incumbent upon the Government to prove that the owner of was no intention to relieve common carriers from p~nalties for the vessel or the owner of the common carrier had knowledge a violation of the law against importing opium. I think it is a or gave consent. . strained construction that makes the exceptions in section 594 Mr. ROBINSON of Arkansas. I thank the Senator. applicable to the provisions of section 584. I think the House Mr. STEIWER. Then the Senator speaks of transferring was right in attempting to remedy the evils resulting from that this burden to the defendant, I assume to the accused owner of construction, and I propose to stand by it. the common carrier, and he discusses the matter as though the Mr. BINGHAM. Did not the Senator read from section 594? defendant might be permitted to show his innocence. I want Mr. ROBINSON of Arkansas. I do not know the significance to make this observation to the Senator: As I regard the of that question. matter, if the Government should prove that there was opium Mr. BINGHAM. Did not the Senator read a paragraph from on board not shown by the manifest, even though it were in the section 594? , possession of a member of the crew, or In the possession of a Mr. ROBINSON of Arkansas. Yes; I read from section 594. passenger, there would be no question then of the owner or Mr .. BINGHAM. And that is exactly the present law. The common carrier showing he was without knowledge, or showing committee made no change. that he was innocent. That question could not arise. He Mr. ROBINSON of Arkansas. What difference does it make would be immediately held guilty under this provision and if the Bureau of Customs, as stated by the Senator from Michi­ would be without any defense whatever. ' gan, appeals to the Senate of the United States not to perpetuate Mr. ROBINSON of Arkansas. Oh, no. the present law, but to afford a better system for the enforce­ l\1r. STEIWER. I should like to hear the Senator's ex­ men of the laws against the smuggling of opium? The Senator planation of that. ~ Connecticut does not intimidate me in my. position by 1929 CONGRESSIONA.L RECORD-SENATE 3725 saying that a certain provision is or is not present law. What M1·. ROBINSON of Arkansas. Sinee the discussion offered on I am interested in is making the law against the smuggling of the floor by the Senator from Connecticu~ I am inclined to the. opium operative, and I say that if we establish the rule that a opinion that the Senator from Michigan is right in the sug­ person whose ship is laden with contraband is presumed to be gestion. innocent until his guilt is established by evidence beyond a rea­ Mr. COUZENS. I suggest that if we agree to the House pro­ sonable doubt, we m~ke it impossible for the Government of the vision in section 584, then the provision in section 594 exempt­ United States to suppress traffic in opium. The Senator from ing these vessels ought to be eliminated entirely, because it is Connecticut can do it if he wants to, but I do not believe he only a protection to vessels which they have anyway under the wants to, as stated by the Senator from California [Mr. SHORT­ common law. RIDGE]. · :Mr. ROBINSON of Arkansas. I would not like to preclude Mr. BINGHAM. Mr. President-- a fair determination of the issues involved in section 594 merely The VICE PRESIDENT. Does the Senator from Arkansas becaUBe some one on the floor of the Senate other than the yield to the Senator from Connecticut? Senator from Arkansas and the Senator from Michigan has seen Mr. ROBINSON of Arkansas. I yield. fit to try to bring that forward for determination now. I would Mr. BINGHAM. I am sorry the Senator from Arkansas like to determine this amendment on its merits and then, if the should even by implication make the statement that anyone Senator from Michigan chooses to offer an amendment to elimi­ could intimidate him into doing anything. The Senator from nate section 594, I shall listen to him. with some degree of Arkansas, as we all know, can not be intimidated in any way, sympathy. and-- Mr. COUZENS. I only make that suggestion because the Mr. ROBINSON of Arkansas. That is not relevant, and the Senator from Montana [Mr. WALSH] suggested that if we dis­ Senator from Connecticut will please not waste my time by agreed to the Senate committee amendment there ought to be frivolous observations of that character. an addition to the provision in section 594. .Mr. COUZENS rose. Mr. ROBINSON of Arkansas. I think he was right about it. Mr. BINGHAM. Mr. President-- Mr. COUZENS. I believe the whole provision might be elimi­ Mr. ROBINSON of Arkansas. I yield to the Senator from nated from section 594. Michigan [Mr. CoUZENs] if he thinks he can contnlmte some­ Mr. SMOOT. Mr. President-- thing to the discussion, but I do not propose to be diverted into The VICE PRESIDENT. Does the Senator from Arkansas frivolous references like that of the Senator from Connecticut. yield to the Senator from Utah? Mr. BINGHAM. Mr. President, will the Senator yield? Mr. ROBINSON of Arkansas. I yield. Mr. ROBINSON of Arkansas. Very well; I yield to the Sen­ Mr. SMOOT. May I call attention to the House provision? ator from Connecticut. When the House had section 584 under discussion they added Mr. BINGHAM. I thank the Senator for yielding. The argu­ this amendment to the existing law-- ment which he has made is a powerful one. I regret that he Mr. COUZENS. The House did? should have thought there was anything frivoloUB connected with Mr. SMOOT. Yes. This is the language they added to the my observation. His argument is directed against the present existing law? law. The Treasury Department made no objection to the pro­ Notwithstanding the proviso in section 594 of this act (relating to the viso in the present law that no vessel or vehicle used by any immunity of vesselS or vehicles used as common carriers). person or common carrier to transact business as a common carrier shall be held subject to seizure or forfeiture under the That is the amendment of the law agreed to in the House. custom laws unless it shall appear that the owner or master of Mr. COUZENS. At the request of the Department of Com­ such vessel was aware that it was being illegally used and was merce. a consenting party thereto. That is the provision against which Mr. SMOOT. That I do not know. the Senator has been directing his argument, and that is the Mr. COUZENS. And persisted in in the Committee on provision which he read a few moments ago. Finance. Mr. ROBINSON of Arkansas. I have read several provisions, Mr. ROBINSON of Arkansas. That statement, as I under­ but my argument is directed, if I know what I am doing, and stand, is in corroboration of the statement I made a few mer from his ex­ No injustice can result from the enactment of the House provi­ perience on the Pacific that the crews on vessels trading be­ sion without the Senate committee amendment. The greatest tween Asia and the United States are composed largely of inconvenience and discomfort may occur if we adopt the Senate Asiatics, who are not permitted to land in this country. Such committee amendment. crews are constantly ·engaged in what they have been ae-­ The policy of the people of this country, as a whole, is very customed to do at home ; namely, to deal more or less in opium ; strongly in sympathy with the enforcement of the laws against it is their effort constantly to bring into this country a certain opium and other narcotics; make no mistake about that. There amount of opium, and it is the duty of the captain of the ship is no disposition on the part of the general public to make it under the present law, enforced by a very severe penalty, to easy for those who seek to violate the law against smuggling prevent it. The Senator from Arkansas knows perfectly well to consummate their purpose. The only effect of this amend­ that when a ship is at sea it is completely under the control of ment, if adopted, would be to give immunity from prosecution in its cap.tain. He alone is responsible for the conduct of those cases where the law has been violated and to make it easy for on board. The present law, which has worked reasonably well, those who seek to violate the law to accomplish their ends. holds. the captain of the ship responsible for the introduction of Why? If we say that no one but the person actually shown to opium; it makes it necessary for him, if he is going to avoid be violating the law, actually carrying on the smuggling, whether a severe penalty on himself and attachment on the house in on a vessel or in a vehicle, shall be held responsible. we limit which he lives and on any other property which he may have liability to a class that is morally and legally irresponsible. accumulated, to examine the ship closely and to see to it that Whenever we say to the owner of a ship that if he permits every member of the crew is searched in order that no opium opium to be smuggled into this country on his ship in violation may be brought in. of law he and his vessel shall be liable to the penalty, we stimu­ If the law as proposed by the Customs Department makes the late him to those precautions against smuggling which he, as a penalty applicable to the ship and the owners of the ship more good citizen, ought to take, but to which he will be indifferent immediately than to the captain, then we have a state of in some cases if no penalty can be imposed upon him by reason affairs where the owner of the ship, who can not be on board of his indifference. except as he is represented by the captain, is held responsible Mr. NORRIS. Mr. President-- for something which he is almost incapable of preventing. It The VICE PRESIDENT. Does the Senator from Arkansas seemed to me~and this is the only reason why I opposed it­ yield to the Senator from Nebraska? that it was extremely unfair in our zeal to keep out opium­ 1\fr. ROBINSON of Arkansas. I yield to the Senator from which we all unanimously de ·ire should be kept out-to penalize Nebraska. the owner, when, as a matter of fact, it is the captain of the Mr. NORRIS. I want to ask the Senator a question, purely ship alone who ran prevent its being brought on boord and who for information. It may be that the print of the bill I have be­ can search the ship while it is at sea and prevent its being fore me is not correct, but according to the amendment indi­ brought in. ~ted in this copy of the bill which I have, on page 447, even if 1929 CONGRESSIONAL RECORD-SENATE 3727 the Senate committee amendment should be agreed to the pen­ violation of a law against smuggling. ·It would be very difficult alty woul~ still constitute a lien upon the vessel. to dolt. ::M:r. ROBINSON of Arkansas. No. Mr. SACKETT. The question I wanted to ask the .Senator Mr. NORRIS. Then, I have not the correct print of the bill. was this : Suppose the shipowner comes in and categoricallY Ur. ROBINSON of Arkansas. It would not unless the Gov- denies that he had any knowledge; 1s not that a complete de-- ernment should prove that the owner of the vessel was actually fense? · privy to the violation of the law, which,-1n most cases, would Mr. ROBINSON of Arkansas. I do not know. It depends be impossible. upon the evidence. The Senator from Kentucky well knows Mr. NORRIS. The amendment found on page 447-­ that in thousands of cases where defendants have denied knowl­ Mr. ROBINSON of Arkansas. Of which print? edge or guilty intent they have been found guilty on their Mr. NORRIS. Of the print I have been using all the time. evidence, nevertheless. I think that is the correct print. Mr. NORRIS and Mr. SACKETT addressed the Chair. Mr. SMOOT. It iS. The VICE PRESIDENT. Does the Senator from Arkansas Mr. NORRIS. It is the bill as reported by the Senate Finance yield ; and to whom? Committee. According to this print of the bill, if the amend­ Mr. ROBINSON of Arkansas. I yield fi~t to the Senator ment were agreed to, the language would still read ~ this way: from Nebraska. · to if If any of such merchandise so found consists of smoking opium or :Mr. SACKETT. I wanted finish my question I might. to opium prepared for smoking, the master of such vessel or the person in Mr. ROBINSON of Arkansas. I yield first the Senator charge of such vehicle shall be liable to a penalty of $25 for each from Nebraska. ounce thereof so found. Snch penalty shall constitute a lien upon such :Mr. NORRIS. Mr. President, I only wanted to suggest that it is quite a common thing for a person charged with crime·to vessel which may be enforced by a libel in rem. deny it, to claim his innocence. If we left the decision to them Mr. WALSH of Montana. Mr. President, will the Senator we would not need juries or courts. from Nebraska yield to .me? Mr. SACKETT. I understand that, but I was driving at a The VICE PRESIDENT. Does the Senator from Nebraska little further thing. If the person denies it, the burden again yield to the Senator from Montana? shifts to prove that he did know about it. In the long run it ::M:r. NORRIS. I yield. does not add very much one way or the other ; it is -a question M.r. -WALSH of Montana. That would be the language of of ·the weight of the evidence, and the burden shifts in accord­ the bill even if the Finance Committee amendment should be ance with it. adopted. . Mr. ROBINSON of Arkansas. It makes a great deal of dif­ Mr. NORRIS. Yes; that is the way it would read. ference in the enforcement of police regulations. Mr. WALSH of Montana. But the Attorney General has held Mr. BINGHAM. Mr. President-- that by virtue of the provisions of section 594, to which the The VICE PRESIDENT, Does the Senator from Arkansas Senator [Mr. RoBINSON] has been directing attenti_on, the pro­ yield to the Senator from Connecticut? vision to which the Senator from Nebraska now calls our atten­ Mr. ROBINSON of Arkansas. I yield to the Senator. tion is overridden; that is to say, the general provision of sec­ Mr. BINGHAM. Of course, one has to rely on one's recollec­ tion 594, he holds, overrides the specific provision of section 584. tion, and I ask the Senator from Michigan [Mr. CouZENs] if Mr. ROBINSON of Arkansas. I think that is a wrong con­ he will kindly correct me if my recollection is not correct. It struction of the law, and so, I think, does the Senator from is my recollection, however, that the Treasury Department rep­ Montana. resentatives, in asking that this House provision be retained Mr. WALSH of Montana. Oh, yes. and that the proposed Senate amendment be rejected, stated Mr. ROBINSON of Arkansas. But, nevertheless, it is the that the difficulty was not with the enforcement of the law and opinion of the Attorney General, and to a large extent governs with proving anyone guilty but was due to the fact that the the matter. eaptain of the ship frequently was a poor man who did not have Mr. NORRIS. I did not know about that opinion. enough money to pay the fine. The Treasury Department would . Mr. ROBINSON of Arkansas. Let me say to the Senator like to collect the fines, and they saw more chance of collecting from Nebraska that the sole purpose of the House provision money from th·e owners of the vessel than they did from the was to relieve against the effect of the Attorney General's captain. Therefore they desired to have it put in chiefly for decision just referred to, and to make it clear that there was no that reason, and not because there was any difficulty in carrying intention to exempt ships which are common carriers from the out the law so far as finding some one guilty of the introduction antiopium provisions of the law. of opium is concerned. · Mr. NORRIS. That gives a complete answer to the question Mr. COUZENS. Mr. President-- which was bothering me. Now let me ask the Senator another The VICE PRESIDENT. Does the Senator from Arkansas question while I am on my feet. Suppose, however, the amend­ yield to the Senator from Michigan? ment of the Finance Committee were defeated, or whether de­ Mr. ROBINSON of Arkansas. I yield to the Senator from feated or not, there is some other general provision of the law Michigan. that would enable a captain or an owner of a vessel who is inno­ Mr. COUZENS. The Senator from Connecticut is in part cent to relieve himself of the penalty? correct, but he left out one of the important parts of the dis­ Mr. ROBINSON of Arkansas. Yes. cussion, and that was that in most cases the captain was not a Mr. COUZENS. That is to be found in section 618. rich man ; and where the shipowner was inclined to continue Mr. ROBINSON of Arkansas. It is in section 618, which ' gives the Secretary of the Treasury, as I remember, the power the carrying of narcotics, he, having no respo~ibility, simply paid the captain's fine and continued. That was also stated, to remit any penalty where he is ~tisfied that the owner or master of a vessel was not actually guilty. I think that tightens and that was one of the reasons why they were insistent upon it up just about as well as we can for the enforcement of the the House amendment. provisions against smuggling; and I do not want the Senate Mr. ROBINSON of Arkansas. And a very good reason, I committee amendment agreed to under the circumstances. suggest Mr. SACKETT. Mr. President, will the Senator from Ar- ' Mr. COUZENS. Yes; a very sound reason. The Senator kansas yield to me? from Connecticut is right, but he overlooked that part-that Mr. ROBINSON of Arkansas. Yes; I will yield to the Senator where the captain could not pay the fine the shipowner would from Kentucky. pay it, and could continue carrying on the traffic. Mr. SACKETT. If section 594 is changed so as to shift the Mr. BINGHAM. Mr. President, it would seem-- burden of proof-which I understand is the Senator's desire­ The VICE PRESIDENT. Does the Senator from Arkansas to the shipowner, I want to ask this ·question-- yield to the Senator from Connecticut? Mr. ROBINSON of Arkansas. No; I did not indicate any Mr. ROBINSON of Arkansas. I have concluded all that I intention to amend the section in that particular. I merely al­ desire to say to the Senate. luded to section 594 in the course of my remarks as related to Mr. HASTINGS. Mr. President-- section 584. Mr. ~INGHAM. Mr. President, will the Senator yield for a Mr. SACKETT. The whole thing would have the effect of moment? It would seem, in connection with what the Senator practically shifting the burden of proof to the individua;l to from Michigan has just said, that if the owner of the vessel prove his innocence; would it not? pays the fine anyway, the Senator's statement that they were Mr. ROBINSON of Arkansas. No; not to prove his inno­ the ones wbo objected to the amendment would hardly hold cence-to prove that he did not consent or was not privy to the water. violation of the law. I do not see how the·Government, except _ Mr. ROBINSON of Arkansas. That is a fallacious proposi­ in the very rarest cases, can prove consent or privity to the ' tion, Mr. President. May I say that we all know that th~:re are 3728 CONGRESSIONAL RECORD-· SENATE SEPTEMBER 18

IJUlny forms of · crime that are fostered by · compa.rati~eiy Mr. HASTINGS. Does the Senator refer to section 618? t1ealthy men who put others forward for the commission of Mr. WALSH of Montana. Yes. crimes, and pay the fines when they are actually imposed. That Mr. ROBINSON of Arkansas. I stated as my opinion that is said to apply in the realm of the bootlegger. Men O"f gigantic it would be. wealth, men who make enormous fortunes out of the illegal Mr. HASTINGS. The difference which I think exists between traffic, put forward relatively poor and unimportant persons my suggestion and that which is now in the law is that in one to commit the actual offenses. They stand behind them, and, instance, as it is now written, it would authorize the Govern­ when the offenses are committed, pay the fines, which are made ment first to collect the penalties and then to put the ship­ light out of consideration for the poverty of the actual offender. owner to the necessity of having them refunded, while my pro­ It is a bad system. It argues nothing against the position vision would not permit the Govern.ment to collect them in the taken by the Senator from Michigan and myself in this case. first instance if the shipowner could show that he was not Mr. SMOOT. Mr. President-- guilty. I am not very familiar with it, so I am not sure that The VICE PRESIDENT. Will the Senator from Arkansas that is correct. now yield to the Senator from Delaware? He desires to ask Mr. ROBINSON of Arkansas. I have not had time to read a question. this section since the Senator from Delaware presented his Mr. ROBINSON of Arkansas. l now yield to the Senator amendment ; but section 618 seems to be very broad and to from Utah. provide for the remission of the penalty either before or after Mr. SMOOT. Ju t a short time ago-- it has been collected. Mr. ROBINSON of Arkansas. I thought the Senator wanted Mr. WALSH of Montana. Mr. President, the word "remit," to ask me a question. of course, implies that the fine has not been paid. If it were Mr. SMOOT. This is leading up to it. paid, the term would be " refund." A penalty is remitted before A short time ago the newspapers of the country reported it is exacted. that the Chinese consul landing at San Francisco, Calif., had Mr. STEIWER. Mr. President, I should like to add just an with him three-Quarters of a million dollars' worth of opium. observation or two. Does the Senator believe that the fine for that vioiation of the I am not out of sympathy with the general position of the law on the part of the Chinese consul, if it were true, should Senator from Arkansas. I think no Senator would disagree be imposed against the vessel? with him upon the general proposition that we ought to tighten Mr. ROBINSON of Arkansas. Mr. President, the Senator has the laws against the importation of narcotics. Nor do ·I want taken an exceptional case-one that even involves our interna­ to quarrel with him on his construction of the law, which I tional relations in a small degree. I say that the agents of believe to be correct; but it seems to me that the rejection of foreign governments ought not to be exempt from regulations the amendment of the Senate committee, and the adoption in against smuggling; and so far as I can see there is no particular effect of the provision of the House, would lead to very serious rule that would exempt the owner of a vessel or the master consequences which have not been fully considered by anyone of a vessel from investigation, and responsibility if guilty of here to-day. default, in the case of the representative of a foreign govern­ It is a mistake to assume that the fines exacted will be small ment. in amount. On the contrary, it is possible for them to be very Just what that has to do with the fundamental issue in this large in amount. To my mind, section 618 is inadequate as full amendment I am unable to understand, because the same ques­ protection to the owner. · I am not interested in the guilty tion that the Senator asked would apply as to any person who owner. I am not interested in the owner who would consent did not know of the offense. Why should the maBter of the to the importation of opium. He should be indicted and con­ vessel be penalized in the case the Senator has cited unless he victed apd punished, along with the others guilty of the crime. had guilty knowledge? Why should any person in any case be It is the innocent owner that I am talking about-the man who in danger of suffering a penalty unless the ordinary rule of has made every possible effort to comply with the law and to requiring proof of guilt beyond a reasonable doubt is applied? see that his employees, the master of the ship and the crew, Of course, in smuggling the case is different from ordinary comply with the law-and in those cases where, after the offenses, because by its very nature smuggling is secretive, and owner has used more than ordinary prudence, we will say the offenders do not leave those evidences of their transactions every conceivable effort, he still finds himself subject to this which are displayed in many other crimes. If you ~nt to stop penalty. jt, you must have rigid regulations. If you want to encourage The objection that I see to section 618 is that it requires the it, relax your regulations, and you will accomplish a very owner who may allege that he was innocent to address his ap­ unwholesome end. plication for the remission of the fine to the Secretary of the Mr. HASTINGS. l\1r. President-- Treasury. I have not had an opportunity to consider the sug­ The VICE PRESIDENT. Will the Senator from Arkansas gestion of the Senator from Delaware; but it seems to me that give his attention to the Senator from Delaware? it might be a very wise provision, because it is altogether right, Mr. ROBINSON of Arkansas. Certainly; I apologize to the when the shipowner is indicted, that he be permitted to make Senator. his defense in tOO same form in which he is being prosecuted. Mr. HASTINGS. I wanted to inquire of the Senator from Mr. NORRIS. Mr. President-- Arkansas whether it would be satisfactory if the Senate com­ The VICE PRESIDENT. Does the Senator from Oregon mittee amendment were stricken out and the House linguage yield to the Senator from Nebraska? were left with this provise at the end of section 584: Mr. STEIWER. I shall be glad to yield. Provided, hotoever, That any such owner of such vessel or vehicle Mr. NORRIS. I should like to get the Senator's idea on thiS may be relieved of the liability hereunder by showing that he had no question which I desire to propound: Why treat the owner dif­ knowledge, or by the exercise of reasonable caution could have had no ferently from the capU!in? If the Senate committee amendment knowledge, of the existence of such merchandise. is agreed 1:£>-that is what the Senator is arguing, as I under­ stand, because he wants to relieve the owner of this so-called Mr. ROBINSON of .Arkansas. I think that is in the bill and alleged injustice-it still leaves the captain or manager of now. So far as I can see now, I should have no objection to its the vessel liable. insertion at that point. Mr. STEIWER. I think it rightfully should. Mr. HASTINGS. As I understand, the difference between Mr. NORRIS. If we are going to relieve one, if what the that and the present bill is that one of the objections here is Senator said should apply and the owner be taken out of jeop­ that if section 584 stood as the House wrote it great penalties ardy, as it were, then why should we not do the same with the could be immediately exacted by the Treasury Department. It captain? Why should we not do the same justice to him as to seems to me that if we added this proviso such penalties could the owner? not be immediately exacted and the vessel owner would be given Mr. STEIWER. In my humble opinion there is the soundest an opportunity to defend. reason for discriminating between the master and the owner. Mr. ROBINSON of Arkansas. For my part, I see no objec­ Ships can not be operated by owners, in the very nature of the tion to the language suggested by the Senator from Del a ware. business. The owner of the ship is obliged to put the ship I have not studied it, however. · under the charge of the captain. The owner is not present, and Mr. WALSH of Montana. Mr. President, I inquire of the ordinarily can not be present The master is always present; Senator from Delaware whether that is not exactly the provi­ and it becomes the master's personal business and duty to see sion of the portion of the bill to which our attention was called to it that there shall be no opium on board that ship. by the Senator from Wisconsin [Mr. LA FoLLm'TE] ? Therefore I am willing, although it seems pretty drastic, to Mr. ROBINSON of Arkansas. That is my understanding, and hold the master responsible. Where a pas enger, we will say, that is what I stated. might be guilty of the importation of opium, it seems fairly Mr. WALSH of Montana. Would not that be a plain repe­ drastic to hold the master responsible. I am willing, on account tition? of my stem desire that opium may be excluded from our shores, 1-~f29 CONGRESSIONA.L RECORD-SENATE 372·9 to see that a drastic law is enacted and that the master may be I submit to the Senate that the adoption of this drastic held accountable and that he shall be compelled to use the House provision, or the voting down of the Senate committee utmost precaution in every case to see that there is no opium amendment, which amounts to the same thing, will not result in introduced upon his ship. Ordinarily I think the master of a one additional seizure in all the ports of the United States. It ship would be loyal to his owner, but the history of maritime will not make it any easier for Uncle Sam to find violations of commerce shows that be may not always be. The owner not the law, and I submit that when the violations are discovered being present, is absolutely at the mercy of both master and there is no great difficulty then in getting something near an crew, and the owner, therefore, is in a different position from adequate penalty. Our difficulty in the enforcement of the that of the master, and I am perfectly willing, therefore, that narcotic law is the failure to find the violations. It is not that the drastic law should apply to the master. we have not had the machinery by which we are able to convict Mr. NORRIS. Mr. President, if the Senator will permit me an innocent man of an offense which he has never committed. further, if we adopt the Senate committee amendment and re­ Representativ-e LAGU.AJIDIA, in making that -discussion, read lieve the owner, it seems to me we are opening the door to those into the RECoRD information furnished him by customs officials owners the Senator said he wanted to punish-and I agree with concerning certain penalties imposed upon the masters of the him-the guilty owners, who employ men as masters or captains Dollar Line. I hold no brief for the Dollar Line. If time per­ who are poor and who are in a position, therefore, to go before mitted I would explain more in detail my relationship& with any tribunal or jury and plead for mercy on the ground of their that company. I am not at all interested in their business poverty, and perhaps as being the father of a large number of affairs in any way at all. children, and having others dependent on them, and get a light These penalties under the House provision could have been penalty, when it may be that the entire matter is under the visited upon the owner rather than upon the master, and I want control of the owner himself, who is hiring that kind of a to call the Senate's attention to the nature of the penalties. master, who is employing that kind of a captain, in order to Under date of April 22, 1925, the penalty was $1,842. I will relieve himself and his vessel of penalties which ought to be drop off. the. cents in every case. inflicted. If we are to proceed on the theory that we ought to Under date of January 26, 1925, the penalty was $1,750. relieve the owner because he is not there, why should we not Under date of March 10, 1925, the penalty was $41,562. relieve the captain, who, in the case of opium smuggling, as I Omitting now some of the smaller ones, I find that on October understand it, would, if he does what the Senator thinks he 2, 1928, the fine was $399,750. ' ought to do, have to examine every passenger on his vessel and On. May 4, 1925, the penalty was $17,500. every bit of clothing they have. On September 2, 1927, the penalty was $33,346. A man could carry enough· opium in his vest pocket to make On June 30, 1926, the penalty was $32,825. a small fortune in profit from it, probably, and we would require On September 16~ 1927, the penalty was $16,661. the captain to examine the .clothing and the baggage and the On July 9, 1926, the penalty was $45,000. ' pockets and rip open the seams of the dresses and look inside On July 14, 1927, the penalty was $146,961. for opium. It seems to me all those things follow. If we are If the addition of these columns is correct-and I am not too going to exclude the owner on the ground that it is a hardship sure of my figures-the total amount so assessed upon the for him, the same reasoning, it seems to me, would make it masters of the Dollar Line was $749,000. necessary for us to exclude the captain who, in a case that we Senators will bear in mind that in every one of these cases, might easily imagine, would be just as innocent as the owner, so far as we are advised, the owners dia not know that the and at the same time we run the risk of enabling a dishonest, crime had been committed, and the owners were absolutely criminal man, if he wanted to relieve himself, to employ cap­ powerless to defend themselves. tains to assist him in carrying out violations of the law. Mr. COUZENS. Mr. President, will the Senator yield? Mr. STEIWER. Mr. President, I assume the Senator is not Mr. STEIWER. I gladly yield. . suggesting that we relieve the captain, the master, Mr. COUZENS. Does the Senator know whether those as­ Mr. NORRIS. No; I am not Like the Senator, I -believe sessments and fines were paid, or whether they were remitted we have to enact drastic legislation in order to meet this situa­ under section 618? tion, · but I would lil\:e to give to the captain. and the owner an Mr. ST.EIWER. Most of them were not remitted. That in­ opportunity that no injustice might be done, after this preslllilp­ formation is given here. I thipk there were three or four or tion is had that they are guilty, that they have an opportunity five or six remitted, but in most cases the fines were settled as. to show that, as a matter of fact, they were in no way liable, civil penalties under compromise arrangements, made with the and ought not to be punished. captains, and the amounts actually collected by the Government .Mr. STEIWER. I am unwilling to relieve the captain, Mr. from the masters were relatively small. It adds up to some President But that is not the question here. No one has pro­ eight or ten thousand dollars. . posed to relieve the master. Tl).e question is. whether or not Mr. BORAH and Mr. WALSH of· Montana addressed the we concur in the House provision, whether or not we are to ChaiT. ~ _ relieve the owner by the adoption of the Senate committee The VICE PRESIDENT. Does the Senator from Oregon amendment yield ; and if so, to whom? This matter was called to my attention by an address made Mr. STEIWER. I yield to the Senator from Idaho. in the House by Representative LAGuARDIA last spring. In Mr. BORAH. I was only going to say that it seems to me we reading the RECORD of the Honse proceedings I found there a should fasten responsibility in a drastic way on the owner, for letter which he had introdueed, written to him by the Acting the reason that the rules and regulations with reference to a Commissioner of Customs. This may answer the question as to ship, and the employment of people for· a ship, make it abso. whether or not the Bureau-of Customs wants this legislation lutely necessary that he shall have a sense of responsibility enacted. It seems to me from the letter exhibited, written by with regard to this law. He has almost complete power in the the acting commissioner to Mr. LAGUARDIA, that the Bureau of employment of his people. If there is no responsibility, he will Cu~toms does want some extension of the law. I want to read be careless about it. Does not the Senator think, therefore, to the Senate the ground upon which they place their request. that there ought to be a responsibility fastened upon him? ~ I read: Mr. STEIWER. Mr. President, I have no objection to a cer­ To prove privity on the part ot the master Or the owner ot a common tain -degree of responsibility being fastened upon the owner. carrier is most unusual, because they are not involved in the Illegal I have no desire that he should be negligent. I should favor a transaction, and the only recourse left the department is to assess a law that would require the utmost prudence and the greatest penalty which may be collected with some degree ot certainty and wUl possible degree of care from the owner of a ship, and I am will­ result in greater effort on the part of the master and responsible officers ing, as_ I said a wPile ago, that the master should be held to keep their vessels free from violations of this nature. eriminally responsible, but it. does seem to me, after we have conceded everything that should be conceded in the interest of · Senators, it seems to me that in this very important matter, fair enforcement of an important law, in which every man whPn the Bureau of Customs itself says they can not make ihe should be interested, that it is unfair and unjust to fasten a proof upon the ground that the master is ·not involved in the criminal responsibility upon an owner for a crime which he illegal transaction, they give away their entire case. They are does not commit, and then to send him by law to the Secretary saying to Congress that even though the owner--directing my of the Treasury to get a remission of his fine. The law would remarks entirely to the si 'uatiori of the owner-even though the have to provide, before I could bring myself to vote for it, that owner is not involved iu the. illegal transaction, nevertheless we the owner would be permitted, in the same forum in which he will hold him guilty of a crime which he did not even know is indicted, to show his innocence. had been committed. That is an un-American doctrine, and it I would be _perfectly willing to vote for a law fastening lia­ is not necessary, so tar as the enforcement of the narcotic law bility, even criminal liability, upon the owner of a ship if he is concerned. · can go into the same forum in which he is indicted and there 3730 CONGRESSIONAL RECORD-SENATE - SEPTEltiBER 18 show his innocence, and I am willing that the burden of proof Mr. HEFLIN. Fines that were actually paid? should be placed upon him, but it seems to me wrong to take Mr. STEIWER. Yes. It was a very small proportion. This from the owners these amounts indicated by the report of the suggests to me that possibly there ought to be a more severe collector of customs, mounting up to three-quarters of a million penalty respectin-g the captain and others who are more inti­ dollars, and send them down to the Treasury Department, where mately responsible than the owners. An owner can not, by they may not get their money b~ck for a long time. any stretch of the imagination, stop this thing which is being Mr. WATSON. Mr. President, will the Senator yield? done. He can not protect himself. Those of us who live on Mr. STEIWER. I yield. the west coast and know something of the habits of the Mr. WATSON. The Senator keeps referring to criminal ac­ orientals know that the problem we present to the shipowners tions. There is no reference to a criminal action in this section. is clear beyond their control. There is nothing in the world The man is not to be indicted. A penalty is to be imposed. lle in the way of prudence or care or caution that the owner can is not to be indicted and fined or sent to prison. exercise to protect himself. Mr. STEIWER. That is true. Let me add one other thing and then I shall be very happy Mr. WATSON. I thought the Senator had misspoken. He to conclude. So far as the American lines of ships are con­ kept referring to climinal actions. cerned, they have all been sold to their owners by the American Mr. WALSH of Montana. Mr. President, will the Senator Government I am now speaking of the west coast lines. It yield? · is partially true of the Gulf lines and the Atlantic coast lines. Mr. STEIWER. I yield. _ In every ca e the Government still has a substantial interest in Mr. WALSH of Montana. I wanted to inquire of the Senator those ships. In every case the payments are still continuing.· whether the valious impositions of penalties to which he referred I know of no line where the payments have been completed. I were on account of the importation of opium. know of no line that can pay this enormous figure of $749,000 Mr. STEIWER. That is my understanding from the reading assessed in fines against it and still be able to keep up the pay­ of. Representative LAGUARDIA's speech. I have no other in­ ments for the ships purchased froin the Government. formation save his address. It seems to me, if I may make the final suggestion, that the Mr. WALSH of Montana. How many fl.nes were imposed? prompting, the urge, is enough to safeguard our people against Mr. STEIWER. About 40. opium, and ought to result in something better and more con­ Mr. WAnBH of Montana. Forty fines? structive than the mere fixing of a liability against the innocent Mr. STEIWER. About 40 fines against one American line. owner who is just as powerless as you and I are to keep the 1\11·. WALSH of Montana. During what period? contraband opium off his vessels. There ought to be some other Mr. STEIWER. During the period, apparently, from April way by which we might strike directly at the offense and thus 22, 1925, to July 14, 1927. do some good without placing upon the owners of the ships Mr. WALSH bf Montana. Within two years one steamship liabilities which they can not meet and without making our own line was mulcted forty different times on account of opium American merchant marine fail on account of our efforts in a being brought in in its ships. Does not the Senator think that good cause to enforce a police regulation. With the fullest that fact alone, without any further explanation, demonstrates knowledge that everyone of us here wants to impose adequate the necessity for the legislation? barriers against opium, I hope that the Senate will not do the Mr. STEIWER. I would not think so. unjust thing by fixing the excessive liability upon the owners Mr. WALSH of Montana. It will be .realized that in all of the ships. offenses of this character a repetition of the alleged offense is During the delivery of ~1r. STEIWER's speech- evidence of knowledge or participation. The same thing occurs Mr. ROBINSON of Arkansas. Mr. President, will the Sena­ in the case of handling counterfeit coins. A man is once found tor from Oregon yield to me to make a request? with a counterfeit coin in his possession. That might be purely Mr. STEIWER. I yield. accidental. It might have been passed to him without knowl­ Mr. ROBINSON of Arkansas. It is manifest that the discus­ edge. Next week he is found with another counterfeit coin in sion of this amendment will continue for some time. I am his possession also and he makes some explanation of it. The compelled to leave the Chamber for the remainder of the even­ next month he is found again with a counterfeit coin in his ing, and I would like to have an arrangement that the vote on possession. Then the presumption arises that those were not the amendment may not be taken until to-morrow. mistakes which he could not have avoided, but that he had some Mr. SMOOT. I have no objection to the request guilty knowledge of the counterfeiting. So here it seems to me, Mr. WATSON. Why can we not vote on it now? if 40 penalties are imposed against one ship company within the Mr. ROBINSON of Arkansas. I am· ready to vote, but the brief period of two years, that there is very reasonable ground Senator from Oregon wants to be heard further. for the conclusion that the company at least has not been as Mr. STEIWER. I want to be heard for a moment or two. circumspect as it ought to have been in the matter. It will not take me very long to conclude my remarks if I may Mr. STEIWER. I can not concur in the suggestion of the continue. • Senator from Montana. I hold no blief for the Dollar Line; but Mr. ROBINSON of Arkansas. Is there objection to my I can not believe, despite the fact that there were 40 violations, request? or at least 40 fines levied within the time named and as indicated The VICE PRESIDENT. Without objection, the vote will go in the address of Mr. LAGUARDIA, that Albert Dollar and Stanley over until to-morrow. Dollar actually had knowledge; nor do I believe that those Mr. HEFLIN. What was the request of the Senator from men could have been more careful in the selection of their Arkansas? masters and in the selection of their crews. It seems to me the The VICE PRESIDENT. The request of the Senator from great number of fines merely illustrates tl1at it is beyond pos­ Arkansas was that the vote on the pending amendment be not sibility fQr them to keep opium off of their boats. taken before to-morrow and the senior Senator from Utah We might as well argue the fact that we h1,ve a great number [Mr. SMoOT], in charge of the bill, stated that he had no objec­ of prosecutions for violations of the liquor law of the co-untry tion to the request. 'TJ:'herefore, the Chair announced that with­ is an indication that our Government is privy to offenses against out objection the vote would go over until to-morrow. the prohibition law. The fact of the matter is that the difficul-­ After the eonclusion of Mr. STEIWER's speecb- ties in keeping opium out are almost insnPmountable. I am. Mr. BORAH. Mr. President, I have a treaty which it is very perfectly willing to vote for every fair law to tighten up the necessary to dispose of-- barrier against opium. Indeed, I should be most happy to do so. Mr. WATSON. We are gqing to have an executive session But that is not the question before the Senate at this time. The after a while. question before UB is whether or not we want to put an unfair Mr. BORAH. I would like to have it pretty soon, because liability upon an innocent owner, requiring him to do something I do not know how long it will take to dispose of the treaty. which he can not do, and then send him to the Secretary of the Mr. HEFLIN. Mr. President, will the Senator withhold it Treasury to get back the money which might be collected from for a moment? I want to consume about two minutes on the him. question which has been under discussion. Mr. HEFLIN. Mr. President- - Mr. BORAH. I have no objection to withholding it, but I The VICE PR·ESIDENT. Does the Senator from Oregon would like very much to dispose of the treaty this afternoon. yield to the Senator from Alabama? I do not know how long it will take to dispose of U. Mr. STEIWER. I yield. Mr. HEFLIN. I want only two minutes. Mr. HEFLIN. I want to ask the Senator what portion of the The VICE PRESIDENT. The Senator from Alabama asks fines which were imposed was actually paid? permission to proceed for two minutes. Is there objection? 'l'he Mr. STEIWER. A very small portion. I did not add the Chair hears nooe, and the Senator from Alabama is recognized. column of the fines t~llected, but it would appea~ not to ~ in Mr. HEFLIN. Mr. President, there ought not to be any oppo­ excess of about $10,000. sition to the position taken by the Senator from Arkansas (Mr. CONGRESSIONAL RECORD-SEN.A.TE 3731

RoBINSON]. Every Senator ought to want to prevent the smug­ REPORTS OF

from the engagements~ into which they have entered with· reference AnTICU 17 to the jurisdiction of the Permanent Court of Internati<>nal Justice, The present Convention shall come into force under the conditions or from any bilateral conciliation or arbitration conventions between and on the date to be determined at the meeting provided for herein­ them. after." ARTICLE 9 Between June 15th and July 15th, 1928, the Secretary-General of the Any High Contracting Party may, either upon ratifying the present League of Nations shall invite the duly accredited representatives of the Convention or thereafter, declare that he undertakes, in regard to Members of the League of Nations and of non-Member States on whose any other High Contracting Party accepting the same obligation, to behalf the Convention shall have been signed on or before June 15th, extend the application of the pronsions of paragraph 3 of Article 8 1928, to attend a meeting at which they shall determine: to any dispute which may arise in connection with the interpretation (a) The reservations which, having been communicated to the High or application of the provisions of the present Convention, including Contracting Parties in accordance with Article 6, paragraph 4, may, with all or part of Articles 4, 5 and 6, and whether or not the dispute is of their consent, be made at the time of ratification; a legal nature. (b) The conditions required for the coming into force of the Conven­ Any High Contracting Parties who do not give the undertaking tion and, in particular, the number and, if necessary, the names of th!! referred to in paragraph 1 as regards Articles 4, 5, and 6, or certain Members of the League and of non-Member States, whether they are parts of these Articles, and as regards the provisions of the Protocol signatories or not, whose ratification or accession must first be secured; relating thereto, may make the provisions of paragraphs 1 and 2 of (o) The last date on which the ratifications may be deposited and the Article 8 applicable to these matters as between themselves. date on which the Convention shall come into force if the conditions ARTICLE 10 required under the preceding paragraph are fulfilled. Any High Contracting Party may at the time of signature, ratifica­ If, on the expiration of this period, the ratifications upon which the tion or accession declare that, in accepting the present Convention, coming into force of the Convention will be conditional have not been be does not assume any obligations in respect of all or any of his secured, the Secretary-General of the League of Nations shall consult colonies, protectorates or territories under suzerainty or mandate ; the Members of the League of Nations and non-Member States on whose and the present Convention shall not apply to any territories named behalf the Convention has been ratified and ascertain whether they desire nevertheless to bring it into force. in such declaration. Any High Contracting Party may give notice to the Secretary­ ARTICLE 18 General of the League of Nations at any time subsequently that he The present Convention may be denounced by a notification in writing desires that the Convention shall apply to all or any of his territories addressed to the Secretary-General of the League of Nations on behalf which have been made the subject of a declaration under the. preced­ of any Member of the League of Nations or of any non-Member State ing paragraph, and the Con>ention shall apply to all the territories after the expiration of a period of five yeafiS reckoned from the date named in such notice ninety days after its receipt by the Secretary­ on which the Convention shall have entered into force. General of the League of Nations. Such denunciation shall take effect twelve months after the date on Any High Contracting Party may at any time declare that he desires which it is received by the Secretary-General of the League of Nations, that the present Convention shall cease to apply to all or any of his and shall operate only in respect of the Member of the League of colonies, protectorates or territories under suzerainty or mandate, Nations or the non-Member State on whose behalf it is made. and the Convention shall cease to apply to the territories named in Nevertheless, the Convention may be denounced on behalf of any such declaration one year after its receipt by the Secretary-General Member of the League of Nations or any non-Member State after the of the League of Nations. expiration of the third year from the date of t}le present Convention, ARTICLE 11 if, after that period, any one of the exceptions allowed in virtue of Nothing in the present Convention shall prejudice the rights and Article 6, paragraph 1, still exists. This denunciation shall take effect obligations which the High Contracting Parties may derive from inter­ six months after the date- on which it is received by the Secretary­ national Conventions in force to which they are parties. General, and shall operate only in respect of the Member of the League The present Convention shall not prejudice the provisions of any of Nations or the non-Member State on whose behalf it is made. .. - bilateral agreements in force at the present date between the High Furthermore, the Convention may be denounced on behalf of any Contracting Parties which establish, in regard to import and export Member of the League of Nations or of any non-Member State after prohibitions or restrictions, a more liberal regime than that established the expiration of the fifth year from the date of the present Conven­ by the provisions of the present Convention. tion, if, after that period, such Member of the League of Nations or ARTICLII 12 non-Member State considers that any one of the exceptions allowed by the High Contracting Parties at the meeting provided for in Article 17 The present Convention shall not in any way affect rights and has impaired the effects of the present Convention. obligations arising from the Covenant of the League of Nations. This denunciation shall take effect six months after the date on ARTICLE 13 which it is received by the Secretary-General, and shall operate only The High Contracting Parties shall, within twelve months after the in respect of the Member of the League of Nations or the non-Member coming int~ force of the present Convention in their territories, com­ State on whose behalf it is made. municate to one another through the Secretary-General of the League Any denunciation made in accordance with the foregoing provisions of Nations a report on the steps taken to give effect to the provisions shall be notified immediately by the Secretary-General of the· League of of the Convention. Nations to all the other High Contracting Parties. ARTICLE 14 If, as a result of denunciations, the conditions for the coming into The present Convention, of which the French and English texts are force of the Convention which the High Contracting Parties may lay both authentic, shall bear this day's date. down at the meeting provided for in Article 17 should no longer be It shall be open for signature until January 1st, 1929, on behalf of fulfilled, any High Contracting Party may request the Secretary-General '·any Member of the League of Nations or of any non-Member State of the League of Nations to summon a Conference to consider the situa­ represented at the Conference which drew up this Convention or to tion created thereby. Failing agreement to maintain the Convention, which the Council of the League of Nations shall, for this purpose, each of the High Contracting Parties shall be discharged from his obli­ have communicated a copy of the present Convention. gations from the date on which the denunciation which led to the sum­ Members of the League of Nations and non-Member States on whose moning of this Conference shall take eft'ect. behalf the Convention has been signed prior to February 1st, 1928, may ARTIC:LJD 19 avail themselves of the procedure referred to in Article 6, paragraph 4. If, before the expiration of the period of five years mention.ed in,.. ARTICLE 15 paragraph 1 of Article 18, notifications should be addressed to the The present Convention shall be ratified. Secretary-General of the League of Nations on behalf of one-third The instruments of ratification shall be deposited with the Secretary­ of the Members of the League of Nations and of· non-Member States General of the League of Nations, who shall notify the receipt thereof to which the present Convention applies, informing him that they to all Members of the League and to the non-Membe~ States referred desire the Convention to be revised, all the Members of ttie League to in the previous article. of Nations and all non-Member States to which the Convention npplies ARTICLJll 16 agree to take part in any consultation which may be held for this On and after January 1st, 1929, any Member of the League of purpose. Nations or any State referred to in Article 14 may accede to the If the revision has taken place before the end of the fifth year pt·esent Convention. from the date of the coming into force of the present Convention, This accession shall be effected by a notification made to the Secre­ any Member of the League of Nations or non-Member State who tary-General of the League of Nations, to be deposited in the archives of has not accepted the revised Convention shall have the right to de­ the Secretariat. The Secretary-General shall at once notify such deposit nounce the. present Convention, without regard to ilhe period of five to all who have signed or acceded to the Conventioll. · years provided for in paragraph 4 of Article 18: Such denunciation J929 CONGRESSIONAL RECORD-SEN.A.TE 3735 I shall take ~ect on the date on which the revised Convention comes IGRIDAT BRITAIN AND NORTHERN IRELAND and those Parts of the into force. · ; · · British Empire which are not Separate Members of the League ef .. If the revision has taken place in the course of the fifth year from Nations. · · the dute of the coming into force of the present Convention, the period I declare that my signature does not include any of His Britannic of denunciation referred to in paragraph 1 of Article 18 will be pro- Majesty's Colonies, Protectorates or territories under suzerainty or .longed by one year. mandate ANNEX TO ARTICLE 6 S. CHAPMAN In accordance with Article 6, paragraph 3, and with Section IV (a) 8-XI-27 of the Protocol, each of the exceptions maintained in favour of the BULGARIA. countries mentioned below is only admitted under the terms of the Prof. GEORGES DANA!Low. present· Convention if the country concerned appends its signature 1 8-XI-27 thereto on this day's date, and if, on that same date, the prohibition DENMARK or restriction which it seeks to maintain is still in force. J. CLAN I 8-XI-27 EGYPT J!la:ceptionB agreed to under Par(J{Jt'aph 1 SADIK HENEIN Germany 8-XI-27 · COAL, COKE, PEAT, LIGNITE, BRIQUETTES. Import and export. FINLAND SCRAP IBON AND SCRAP OF OTHER METALS .AND ALLOYS. Export. RAFAEL ERICH Austria • 8-XI-27 SCRAP IRON AND SCRAP OF OTHER METALS AND ALLOYS. Export. Belg·ium· FRM~CE D. SERRUYS SCRAP IRON AND SCRAP OF OTHER "&IETALS A.L'iD ALLOYS. Export. 8-XI-27 Great Britain HUNGARY SYNTHETIC ORGANIC DYESTUFFS AND COLOURS OR COLOURING MATTER BARANYAI ZOLT.!N CONTAINING THEM, AS WELL AS ORGANIC INTERMEDIATE PRODUCTS 8-XI-27 USED IN THE MANUFACTURE OF SUCH DYESTUFFS, COLOURS AND COLOURING MATTER. Import. ITALY A. DI NoLA France r 8-XI-27 SCRAP IRON AND SCRAP OF OTHER METALS AND ALLOYS. Export. JA.PAN Hungary ITO SCRAP IBON AND SCRAP 011' OTHER METALS AND ALLOYS. Export. J, TSUSHIMA Italy 8-XI-27 SCRAP IliON AND SC:RAP OF OTHER- METALS AND ALLOYS. Export. LUXEMBURG Japan ALBE:RT_ CALMES SYNTHETIC ORGANIC DYESTUFFS AND COLOU:RS OR COLOU:RING MATTER 8-XI-27 CONTAINING THEM, AS WELL AS ORGANIC INTERMiiiDUTE PRODUCTS THE NETHERLANDS USED IN THE MANUFACTU:RE OF SUCH DYIISTUFFS, COLOURS AND DE GRAAY.l!' COLOURING MATTE:R. Import. F. M. WIBAUT RICE. ImP<>rt and export. 8-XI-27 Lua:emburg ROU:MANIA SCRAP IBON AND SC:RAP OF OTHER METALS AND ALLOYS. Export. D. J. GHEO:RGHI11 Roumania etsAR PoPEscu SCRAP I:RON AND SCRAP OF OTHER METALS AND ALLOYS. Export. 8-XI-27 USED MACHINERY FOR INDUSTRIAL INSTALLATIONS. Import. SIAM Czechoslovakia CHAROON COAL, COKE, PEA'!', LIGNITE, BRIQUETTES. Import and export. 8-XI-27 SCRAP IRON AND SCRAP 011' OTHER METALS AND ALLOYS. Export. SWITZERLAND II W. STUCKI . 8-XI-27 Ea:ceptions agreed to 11nder Paragraph ! CZECHOSLOVAKI.A Egypt DR. IBL LIVE-STOCK (EXPORTATION SUBJECT TO LICENSE), Export. 8-XI-27 EGGS, DURING CERTAIN MONTHS 011' THE YIIAR. Export. Certified true copy, ORGANIC FERTILISERS, INCLUDING PIGEON-MANURE, SLAUGHTERHOUSJD For the Secretary-General : OFFAL AND DillED BLOOD. Export. ------, Unite~ StateB America of Dlrec:tor ot the Legal Section. HELIU-M GAS. · Export. PROTOCOL Italy IRON ORES. Export. PROTOCOL TO THE CONVENTION Co:RN. Export. At the moment of signing the Convention of to-day's date for the Rountania Abolition of Import and Export Prohibitions and Restrictions, the ORES OF ffiON, COPPER AND MANGANESE. Export. undersigned., duly authorised, have agreed on the following provisions, CRUDE OIL. Export. which are intended to ensure the application of the Convention: IN FAITH WHEnEbF the delegates have signed the present Convention. SECTION I DoNE at Geneva, the eighth day of November, one thousand nine hun- AD ARTICLJD 1 dred and twenty-seven, in a single copy, which shall be deposited in the (a) The words "territories of the High Conti.·acting Parties" em­ archives of the Secretariat of the League of Nations, and of which ployed in the Convention refers only to territories to which it is made authenticated copies shall be delivered to all Members of the League of applicable. Nations and non-Member States represented at the Conference. (b) Should the Customs territory of any High Contracting Party GERMANY include territor!es which are not placed under his sovereignty, these DR. TRENDELENBURG tet·ritories are also to be regarded as "territories" within the meaning 8-XI-27 of the Conventivn. AUSTRIA (o) In view of the fact that within or immediately adjacent to the - E. PFL"CGL territory of India there are areas or enclaves, BID.all in extent and 8-XI-27 population in comparison with such territory, and that these areas "BELGIUM or enclaves form detached portions or settlements of other parent J. BRUNET. States, and that it is impracticable for administrative reasons to 8-XI-27 •.- apply to them the provisions of the Convention, it is agreed that these provisions shall not apply to them. 1 Among the countries referred to in this Annex, the following signed India, however, will apply as regards the areas or enclaves in the Convention on November 8th, 1927 : Germany, Austria, Belgium, question a regime which will respect the principles of the Convention Great Britain, etc., Egypt, J!' rance, Hungary, Italy, Japan, Luxemburg, and facilitate imports and exports as far as practicable,. and will Roumania and Czechoslovakia. 1 LXXI-236 3736 CONGRESSIONAL RECORD-- SENATE SEPTEl\ffiER 18 tefrsJn from imposing in regard to them any new measures of pro­ ( t) Scope of the Prowion hibition or restriction which. would not be authorised by the provi­ As regards paragraph 4, it is understood that any claims for excep­ sions of the Convention, unless there should be no other means of tions which may be put forward after the date of the present Conven­ ensuring the collection of customs and excise duties. tion shall refer only ·to prohibitions or restrietions in force on that SECTION II same date. ( il) Procedure AD ARTICLE 2 1. Any High Con tra.cting Party may make known by a communi­ As regards the application of Article 2, the obligation accepted by cation addressed to the Secretary-SSible after that date, the Secretary-General and definitions of products, declare that this paragraph must be will inform the High Contracting Parties of all obser.;atlons received. interpreted as in no way interfering with the practice followed by 4. Any applications and observations made by the High Contracting certain countries of subjecting the exportation of their products to Parties shall be examined at the meeting provided for in Article 17 of certain conditions as to quality with the object of preserving the repu­ the Convention. tation of those products and at the same time of offering a guarantee to SECTION V the foreign purchaser. They declare, on the other hand, that they AD .ABTICLE 7 interpret the paragraph in question as prohibiting recourse to any The expression " trade of the High Contracting Parties" eignifies system of classifying or defining products which is employed as an the trade of their territories to which Convention applies. Indirect means of restricting the importation of foreign products or of subjecting importation to a r~gime of unfair discrimination. SECTiON VI (c) ad No. 7. Prohibitions or restrictions applying to prison-made goods are not The High Contracting Parties declare that prohibitions or restric­ within the scope of the Convention. tions the sole object of which Is either to prevent imported goods SECTION VII from escaping the payment of the eustoms duties applicable thereto, Should any prohibitions or restrictions be imposed within the limits or in exceptional cases to prevent the importation of certain goods laid down by the Convention, the High Contracting Parties shall strictly which would reduce the revenue from the duties imposed on certain adhere to the following provisions as regards licences : other goods, may only be established or maintained, if no other (a) The conditions to be fulfilled and the formalities to be observed effective means exist of securing the said revenue. in order to obtain licences shall be brought immediately in the clearest (d) ad No. 7. and most definite form to the notice of the public ; The High Contracting Parties declare that if, on aecount of the con­ ("b) The method of issue of the certificates of licences shall be as stitution of certain States and the different methods of internal control simple and stable as possible ; which they employ, it should prove impossible to secure complete simi­ (c) The examination of applications and the Issue of licences to the larity of treatment between native and imported products, any such dif­ applicants shall be carried out with the least possible delay ; ference in treatment must not have the object or etrect of establishing {d) The system for issuing licenses shall be such as to prevent the an unfair discrimination against the latter. traffic in licences. With this object, licenses, when Issued to individuals, (e) ad No. 8. shall state the name of the holder and shall not be capable of being The High Contracting Parties declare that they have solely in view used by any other person. monopolies each of which applies only to one or mo_re specific articles. As regards the allocation of quotas, the High Contracting Parties, SECTION IV without pronouncing upon the method to be adopted, consider that an equitable allocation of such quotas is one of the essential conditions for AD ARTICLE 6 the equitable treatment of international trade. (a) ad No. 1. IN FAITH WHE~EOF the Plenipotentiaries have signed the present The High Contracting Parties who have mnde the reservations re­ Protocol. ferred to in paragraph 1 of Articl~ 6 declare that they do not regard their acceptance ·of the provisions of Article 18, paragraph 3, as an DoNE at Geneva the eighth day of November, one thousand nine hun­ undertaking on their part that the circumstances which compelled them dred and twenty-seven, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations, and of which to make these reserva,tions will have ceased to exist at the end of three years, but as entitling any High Contracting Party to resume his free­ authenticated copies shall be delivered to all Members of the League of dom of action if, in the event of these circumstances not having changed Nations and non-Member States represented at the Conference \Vithin the said period, be considered that his economic conditions were GERMANY detrimentally alfected by the maintenance of any of the prohibitions or ' DR. TRENDELENBURG restrictiOns to which the aforesaid reservations refer. AUSTRIA (b) ad No. 2. ID. PFI;OGL By allowing the exceptions referred to in Article 6, paragraph 2, the BELGIUM High Contracting Parties have not intended to give perpetual recogni­ J. BBUNET tion to th~lr existence, but merely to indicate that the necessity of GREAT BRITAIN AND NORTHERN IRELAND, and those Parts of abolishing these exceptions is not so imperative, in view of their slight the British Empire which are not separate Members of the League of importance in international trade. Nations. (c) ad No. 2. I declare that my signature does not include any of His Britannic The High Contracting Parties declare that, by accepting in the case Majesty's Colonies, Protectorates or territories under suzerainty or of Roumania, in consideration of her exceptional situation of fact and mandate of law, the reservation concerning crude oil in accordance with Article S. CHAPMAN 6, paragraph 2, they have not in any way agreed to measures of pro­ BUI... G.ARIA hibition or restriction for this product, whlcb they regard as being of . Prof. GEORGES DANAILoW very great importance for the world market. T)le High Contracting DENMARK Parties feel confident that, as soon as circumstances allow her to do so, J. CLAN Roumania herself, acting in the spirit of the preceding paragraph (b) EGYPT above, will abolish this prohibition, an-d, in the meantime, that she will SADIK HENEIN take into account the interests of the neighbouring contracting countries. FINLAND The Roumanian Deleption fully associates itself with this d-eclara­ RAFAEL ERICH tion. FRANCE (d) ad No. 4. D. SEIUlUYS 1929 CONGRESS! ON AL RECORD-SEN ATE 3737'

HUNGARY BlilLGIUM BARA.NYAI ZOLTAN Delegates: . ITALY M. J. Brunet, Envoy Extraordinary arid Minister Plenipotentiary. A. DI NoLA. M. F. van Langenhove, Chef du Cabinet and General Director for JAPAN Foreign Commerce in the Ministry of Foreign Affairs. ITO GIUllAT BRITAIN AND NORTHERN IRELAND AND THOSE PARTS OF THE BRITISH J. TSUSHIMA EMPIRE WHICH ARE NOT SEPARATE MEMBERS OF THE LEAGUE OF LUXEMBURG NATIONS ALBl!lRT CALMES Delegate: THE NETHERLANDS Sir Sydney Chapman, K. C. B., C. B. E., Economic Adviser to Dill GitAAFF His Majesty's Government. F. M. WIBAUT Deputy Delegate and Customs Adviser: ROUMANIA Mr. H. V. Reade, C. B., Assistant Secretary of His Majesty's Cus· D. J. GHEORGHIU toms and Excise. CESAR POPESCU Deputy Delegates and Commercial Advisers : SIAM Mr. Gilbert C. Vyle, of the Association of British Chamber of CHAROON Commerce. SWITZERLAND The Honourable F. Vernon Willey, C. M. G., C. B. E., M. V. 0. W. STUCKI Secretary: CZECHOSLOV4-KIA Mr. F. A. Griffiths, M. C. Dr. IBL BULGARIA Certified true copy. Delegate: For the Secretary-General : M. Georges Dananow, Professor at the University of Sofia, M. P. CANADA Director of the Legal Section. Delegate : . \ FINAL ACT Mr. W. A. Riddell, M. A., Ph. D., Dominion of Canada Advisory Officer accredited to the Lea~e of Nations. Following a Resolution of the Assembly of the League of Nations, CHILE adopted on September 25th, 1924, the Council invited the Economic Delt>gate: Committee of the Leagu~ to undertake the preparatory work for the M. Francisco Walker-Linares, Professor at the University of San­ conclusion of an international agreement having as its object the tiago de Chile. abolition of import and export prohibitions and restrictions. CHINA During the years 1925 and 1926, the Economic Committee undertook Delegate: a thorough investigation of this matter by instituting two extensive M. Cbi-Yung-Hsiao, Charge d'Alfaires of China at Berne. enquiries, approaching first the Governments and then the commercial and industrial organisations of all countries which play an important Delegate: part in the field of international trade. Dr. Efrain Gaitan Hurtado, Former Director of the Diplomatic The results of this careful preparatory work are recorded in the Section in the Ministry of ~,oreign Affairs at Bogota. document which contains the Preliminary Draft International Agree­ cuJA ment, on the basis of which the discussions of the present Conference Delegates: took place. M. G. de Blanck, Envoy Extraordinary and Minister Plenipotentiary, The Conference, convoked in accordance with the Resolutions of the Permanent Delegate accredited to the League of Nations. Council dated March 11th and June 14th, 1927, met on October 17th, Dr. Carlos .A.rmenteros, Minister of Cuba at Berne. 1927, at the Palais des Nations, Geneva. DENMARK Its discussions resulted in the framing of the International Conven­ Delegate: tion for the Abolition of Import and Export Prohibitions and Restric­ M. J. Clan, Envoy Extraordinary and Minister Plenipotentiary, tions which bears to-day's date. Chairman of the Danish Commission for the Conclusion of Com­ The Council of the League of Nations appointed as President of the mercial Treaties. . Conference: N. H. Colijn, formerly Prime Minister of the Netherlands. Secretary: The secretarial work was entrusted to the following members of M. G. C. Jorgensen, First Secretary of the Danish Commission for the Economic and Financial Section of the Secretariat of the League the Conclusion of Commercial Treaties. of Nations : MM. Stoppani, Stencek, Smets, assisted by Dr. . Barandon, A.BYSSrNIA mt>mber of the Legal Section. Delegate: The Members of the League whose names are to be found in the His Excellency Count Lagarde, Due d'Entotto, Minister Plenipoten­ list below took part in the work of the Conference, and appointed for tiary, Diplomatic Representative of the Ethiopian Empire accred­ this purpose delegations composed of the members named hereunder: ited to the ~ague of Nations. FINLAND GERMANY Delegate: Delegates: M. Rafael Waldemar Erich, Envoy Extraordinary and Minister Pleni­ Dr. Ernst Trendelenburg, Secretary of State to the Ministry of potentia.I'y at Berne, Permanent Delegate accredited to the League National Economy. of Nations. M. Adolf Reinshagen, Ministerial Counsellor ln the Ministry of Experts: National Economy. M. K. R. Savolahti, Consul-General, Head of Section in the Ministry M. Aschmann, Consul-General at Geneva. ,. .of Foreign Affairs. Substitutes : M. Axel Solitander, Former Consul-General, General Managt>r of Dr. Kabler, Counsellor in the Ministry of the Interior. the Central Association of Finnish Wood-working Industry. M. Eugen Lohr, Counsellor in the Ministry of Agriculture. FRAN CD AUSTRALIA Delegates: Delegate: M. Daniel Serruys, Director of Commercial Agreements in the Major-General Sir Granville de Laune Ryrie, K. C. M. G., C. B., Ministry of Commerce, Chairman of the Delegation. High Commissioner for Australia in London. M. Roger Fighiera, Director of Commercial and Industrial Affairs Expert: in the Ministry of Commerce. Mr. C. A. B. Campion. Substitute: Secretary: M. Ernest Lecuyer, "Administratenr des Douanes" in the Minis­ Major 0. C. W. Fuhrman, 0. B. E. try of Finance. AUSTRIA Experts: Delegates: M. Etienne Fougere, Chairman of the Silk Federation and Chair· Dr. Richard Schiiller. Head of Section in the Federal Chancellery. man of the Association for Economic Expansion. Dr. Charles Mortb, ~ad of Section in the Federal Ministry of M. Michel Aug~Laribe, Secretary-General of the National Con­ Commerce and Communications. federation of Agt·icultural Associations. Dr. J. Paul Inama-Steraegg, Ministerial Counsellor in the Federal M. Duchon, Secretary-General of the Union of Mechanical E~r Ministry or Commerce and Communications. gineers. Dr. FrMeric Distler, Ministerial Counsellor in the Federal Ministry M. Jacques· Lacour-Gayet, "Agrege de l'Universite ", Counsellor of of Finance. Foreign Commerce. M. Rodolphe Rossler, Ministerial Counsellor ui the Federal Ministry Secretary: of Agriculture and Forestry. M. Henry Gueyraud, Secretary of Embassy. 3738 CONGRESSIONAL RECORD-SENATE SEPTE:rtffiER 18

QREECE M. Jerzy Nowak, Ministerial Counsellor in the Ministry of Delegate: Finance. M. Vassili Dendramis, Charg~

ANNEXED DECLA.ltA'l'ION The Austrian, German, and Hungarian delegations, in aeceptlng in Delegates: favour of Czechoslovakia the exception of quartzite under paragraph 2 M. Daniel Serruys, Director of Freneh Commercial Agreements, of Article 6 of the Convention, declare that their consent has only been Chairman of the EconOinic Committee. given in· return £or an undertaking on the part of Czechoslovakia to M. Roger Fighlera, Director of Commercial and Industrial Afrairs maintain, as long as the Convention remains in foree, the export quotas at the Ministry of Commerce. and conditions provided for in special treaties or arrangements. Asslstant Delegate : GERMANY M. Ernest L~uyer, Customs Administrator at the Ministry of Dr. ERNST TRENDELENBURG Finance. AUSTRIA Expert: . Dr. RICHARD SCHULLER M. Jacques Laconr-Gayet, Agr~g~ of the University, Counsellor of HUNGARY Foreign Trade. ?0\ICKL Secretary: CZECHOSLOVAKIA M. Henry Gueyraud, Secretary of Embassy. IBL HUNGARY FINAL ACT M. Alfred de Nicki, Counsellor of Legation. The Conference convened in pursuance of Article 17 of the Conven­ Assistant Delegates: tion for the Abolition of Import and Export Prohibitions was held at M. Izs6 Ferenczi, Miniserial Counsellor at the Ministry of Geneva from July 3rd to 11th, 1928. Commerce. It drew up and adopted the Supplementary Agreement of even date M. Bela Katona, Counsellor at the Royal Hungarian Ministry of and also the Protocol annexed thereto. Agriculture. The Council of the League of Nations appointed as President of the INDIA Conference : Sir Atul Chatterjee, K. C. I. E., High Commissioner for India in M. H. Colijn, ex-Prime Minister Qf the Netherlands. London. The secretarial work w.as entrusted to M. Stencek, M. Smets and M. Technical Adviser and Substitute : Husslein, members of the Economic and Financial Section, assisted by Mr. H. A. F. IJ.ndsay, c. I. E., C. B. El., Indian Trade Commis­ M. Barandon and M. Arcoleo, members of the Legal Section. sioner. The following Members of the League and non-Member States took ITALY part in the work of the Conference and appointed delegations composed Delegates: of the following members : M. Angelo Dl Nola, Director-General of the Land Credit Institute. GERMANY M. Pasquale Troise, Director-General of Customs. Dr. Ernst Trendelenburg, Secretary of State at the Ministry of Technical Adviser : National Economy. M. Erasmo Ca.ravale, Chief Inspector at the Ministry of National M. Adolf Reinshagen, Ministerial Counsellor at the :Ministry of Economy. National Economy. Experts: M. Eugen Lohr, Ministerial Counsellor at the Ministry of Agri- M. A. Navarro, Director of the General Fascist Confederation of culture. Traders. AUSTRIA M. Luigi Gaddi, Of the General Fascist Confederation of Italian Industry. Dr. Richard Schiiller, Head of Section at the Federal Chancellory, M. Tassinari, Of the General Fascist eonfederation of Agricultu.r· Department for Foreign Affairs. ists. BELGIUM Secretary: M. J. Brunet, Envoy Extraordinary and Minister Plenipotentiary. M. Guido Borga, Consul of His Majesty the King of Italy. M. van Langenhove, Director-General of Foreign Trade and Chef de JAPAN Cabinet of the Ministry for Foreign Affairs. Delegates: GREAT BRITAIN AND NORTHERN IRELAND AND THOSE PARTS OJ' THE BRITISH M. Nobumi Ito, Counsellor of Embassy, Assistant Director of the Er.IPffiE WHICH ARE NOT SEPARAT» MEMBERS Oll' THE LEAGUJD Oll' NATIONS Imperial Japanese Bureau accredited to the League of Nations. M. Juichi Tsushima, Financial Cominissioner of the Japanese Go~ Sir Sydney Chapman, K. C. B., C. B. El., Chief Economic Adviser ernment in London, Paris and New York. to H. M. (}Qvernment in Great ~ritaln. Experts: Secretary: M. T. Horiuchi, Secretary of the Japanese Embassy in London. Mr. Frank A. Griffiths, M. C. M. T. Yumoto, Secretary at the Ministry of Finance. CHILE Secretary: M. Tomas Ramirz, Deputy, former Minister of State, Professor of M. S. Kadowaki, Secretary of the Imperial Japanese Bureau accred­ Political Economy and Civil Law at the University of . ited to the League of Nations. DENMARK LATVIA First Delegate: M. Charles Duzmans, Envoy Extraordinary and Minister Pleni­ M. C. J. T. Clan, Envoy Extraordinary and Minister Plenipoten­ potentiary; Permanent Latvian Delegate accredited to the League tiary, President of the Commercial Treaties CommiSsion. of Nations, Second Delegate: Secretary: M. William Borberg, Permanent Danish Representative accredited N. Vllhelm Kalnln. to the League of Nations. LUDJJr!BURG EGYPT M. Albert Calmes, Member of the Connell of the Belgium-Luxem­ burg Economic Union. Sadik Henein Pacha, Envoy Extraordinary and Minister Plenipo­ M. Leon Laval, Vice-President of the Chamber of Commerce. tentiary accredited to H. M. the King of Italy. . NORWAY ESTONIA M. Gunnar Jahn. Director-in-Chief of the Norwegian Central Sta­ M. A. Schmidt, Assistant Minister for Foreign Allairs, Estonian tistical Bureau. Delegate to the Seventh Session of the League Assembly. NETHERLANDS UNITED STATES OF AMERICA Dr. F. E. Posthuma, President of the Industrial Council (" Nijver· Mr. Hugh R. Wilson, American Minister to Switzerland. heidsraad "), former Minister of Agriculture, Industry and Technical Assistants : Commerce. Dr. Percy Bidwell, Representative of the United States Taritr M. F. W. Wihaut, Member of the First Chamber of the States· Cominission at . General, former Alderman of Amsterdam. Mr. Charles E. Lyon, Commercial AttacM of the American Legation M. S. de Graall, former Minister of the Colonies. at Berne. POLAND Mr. Pierrepont Moffat, Secretary of the American Legation at Berne. Delegate: Secretary of Delegation : M. Frangois Dolezal, Under-Secretary of State at the Ministry of Mr. S. Pinkney Tuck, American Consul at Geneva. Industry and Commerce, member of the Economic Committee of the League of Nations. FINLAND Assistant Delegates : M. Rudo].f Holstl, Envoy Extraordinary and Minister Plenipoten­ M. Mieczyslaw Sokolowski, Director of the Department of Com­ tiary Permanent Delegate accredited to the League of Nations. . · merce at the Ministry of Industry and Commerce. M. Gtinnar Kihlman, Director . of Political and Commercial Affairs M. Waclaw Fabierkiewicz, Head of Division at the Ministry of at the Ministry for Foreign Affairs. Finance. t929 CONGRESSIONAL-RECORD-SENATE 3743

pORTUGAL GREAT BRITAIN AND NORTHERN ffiELAND and those parts of the British Empire which are not separate Members of the I£a.gua of M. A. d'Oliveira, Portuguese Minister at Berne and Brussels and Nations accredited to the League of Nations. S. J. CHAPMAN M. F. de Calheiros e Menezes, First Secretary of Legation, Head of F. A. GRIFFITHS the Portuguese Chancellory accredited to the League of Nations. CHILE ROUMANIA 'roM.A.S RAMiREZ FRIAS AI. Constantin Antoniade, Envoy Extraordinary and Minister Pleni­ DENMARK potentiary accredited to the League of Nations. J. CLAN, 1\I. D. Gheorghiu, Director at the National Bank, former Secretary­ WILLIAM BORBERG. General of the Ministry of Finance, former Director-General of EGYPT Customs. SA.DIK E. HlllNEIN M. Cesar Popesco, Director-General of Industry at the Ministry of ESTONIA Industry and Commerce, ' A. SCHMIDT M. J. Gr. Dimitresco, Professor at the Commercial Academy of UNITED STATES OF AMERICA Bucharest, Director-General of Commerce at the Ministry of In­ HUGH R. WILSON dustry and Commerce. FINLAND s ecretary: RUDOLPH HOLSTI. M. Jean Antohi, Roumanian Commercial Attach~. GUNNAR KIHLM.AN KINGDOM OF THE SERBS, CROATS AND SLOVENES FRANCE D. SERRUYS First Delegate : HUNGARY M. Constantin Fotitch, Permanent Delegate accredited to the NICKL League of Nations. INDIA Second Delegate: H. A. F. LINDS.lY M. Georges Curcin, Secretary-General of the Serb-Croat-Slovene ITALY Confederation of Industrial Corporations. A. Dr NOLA. SIAM P, TROISE His Highness Prince Charoon, Envoy Extraordinary and Minister E. CARAVALJI · Plenipotentiary to the President of the French Republic. JAPAN Secretary and Substitute : ITO M. Thavin Arthayukti, AttacM at the Siamese Legation in Paris. J. TSUSHUU SWEDEN LATVIA CHARLES DUZ.BIANS. M. Einar Modig, Under-Secretary of State at the Ministry of Com­ LUXEMBURG merce. ALBmRT CALMES SWITZERLAND NETHERLANDS 1\:1. Walter Stucki, Director of the Commercial Division of the Fed­ POSTHUMA eral Depo.rtment of Public Economy. F. M. WIBAUT s. DE GRA.A.Fli' Secretary: M. Leon Alexandre Girardet, First Secretary of Legation. POLAND FRANCOIS DOLEZAL CZECHOSLOVAKIA PORTUGAL M. Vincent Ibl, Doctor of Law, Counsellor of the Czechoslovak A. D'OLIVEIRA. Legation in Paris (Head of the Delegation). F. DE CA.LHEIROS E 'MENEZU M. Frantisek Peroutka, Doctor of Law, former Minister, Head of ROUMANIA Secti{)n at the Ministry of Commerce and Industry. ANTON lADE. M. Bohumir Hanosek, Doctor of Law, Counsellor at the Ministry D. T: GHEORGHIU of Agriculture. CESAR POPESCO Secretary: KINGDOM OF THE SERBS, CROATS AND SLOVENES M. Ladislnw Radlmsky, Doctor of Law, Secretary at the Ministry CONST. FOTITCH for Foreign Affairs. GEORGES CURCIN TURKEY SIAM CHAROON His Excellency Hassan Bey, Vice-President of the Grand National SWEDEN Assembly of Turkey. EINAR MODIG INTERNATIONAL CHAMBER OF COMMERCE (IN AN ADVISORY CAPACITY) SWITZERLAND Dr. Ernest von Simson, President of the Delegation, Secretary of W. STUCKI State (S. D.), Chairman of the Commercial Policy Committee of CZECHOSLOVAKIA the German Industrial Association. IBL TURKEY Dr. Albert Bulsson, Premier Pr~sident de Chambre in the Com­ mercial Tribunal of the Seine. HASSAN On. Feruccio Lantini, Member of Parliament, President of the Ohambre de Commerce Internationale General Fascist Confederation of Commerce. Dr BUISSON W. HILL Experts: . Mr. Richard Eldridge, Acting Administrative Commissioner for the President: United States of America. H. CoLIJN Mr. Owen Jones, Administrative Commissioner for Great Britain. Secretariat: V. Z. STENCEK Secretary: Mr. Willard Hill, Head of Group in the International Chamber of A. E. HUSSLEIN Commerce. C. SMETS IN FAITH WHJCRJCOF the delegates have signed the present Act. Dr P. BARANDON DoNm at Geneva on the eleventh day of July, one thousand nine Certified true copy. hundred and twenty-eight, in a single copy, which shall be deposited in For the Secretary-General : the archives of the Secretariat of the League of Nations, and of which authenticated copies shall be delivered to all Members of the League Lega' Atlviser of the Secretariat. of Nations and non-Member States represented at the Conference. Mr. BORAH. Mr. President, I invite the attention of the GERMANY Senate to the treaty which I have reported from the Committee Dr. ERNST TRENDELENBUBG on Foreign Relations. It deals with the proposition of abolish­ AUSTRIA ing or doing away with certain restrictions and prohibitions Dr. RICHARD SCHULLER which foreign countries have heretofore been making against the BELGIUM importation of goods from this country. ~l'lle treaty has the - J. BRUNET unanimous approval of the Foreign Relations Committee. It is F. VAN ~NGmNHOVK somewhat extended. 3744 CONGRESSIONAL RECORD-SENATE SEPTEMBER 18 I have here, if the Senators desire to hear it read, a list of ·prohibitions except those reserved, and that we have reserved some of the commodities which are affected by the treaty. They the right to prohibit the exportati()n of helium? consist of fruit preserves, eanned goods, silk goods, certain rub­ Jlt!r. BORAH. Exactly. ber goods, leather footwear, aluminum ware, water turbines, Mr. W .A.LSH of Montana. Except for helium, it applies to electric machinery and apparatus, including ·radios, automobiles, all commodities? motors, films, crude petroleum, aniline dyestuffs, crude anq re­ Mr. BORAH. I understand that is. correct. The United States fined mineral oils, lubricating oils and radio apparatus. has reserved the right t() prohibit the exportation of helium. I may ..,ay that the principal commodities or articles affected Mr. D!LL. Was it the view of the committee that the treaty are automobiles, but there are a number of other commodities does not impose any particularly objectionable restrictions? of less importance: Cereals and flours, crude booes, cotton Mr. BORAH. Yes; that was the view of the committee. waste, potassium chloride and sulphate, ammonium sulphate Mr. REED. · Mr. President, will the Senator yield for a and compound fertilizers, coal-tar products, prepared hides and question? skins. The VICE PRESIDENT. Does .the Senator from Idaho yield That illustrates the list of articles which some of the coun­ to the Senator from Pennsylvania? tries have been in the habit of prohibiting or restricting t() such Mr. BORAH. I yield. an extent that it amounted t() prohibition. ·Our Government Mr. REED. The Senator himself is satisfied, is he not, that has succeeded in making a treaty which practically eliminates this treaty would not inte.rfere with our right to exclude convict­ all of those restrictions or prohibitions. · made goods? The treaty does not in any way interfere with the tariff­ Mr. BORAH. Oh, yes; the treaty expressly provides for making functions of the different governments. It provides that that. it does not apply to prison-made goods. s() far as the commit­ Mr. REED. The Senator is very clear about it? tee was able to ascertain there are no liabilities upon the part Mr. BORAH. Yes; the treaty expressly covers that. of our Government It seems to be a treaty in which we are Mr. BLAINE. Mr. President-- largely the beneficiaries. The VICE PRESIDENT. Does the Senator from Idaho yield· I read a letter from the now President of the United States, to the Senator from Wisconsin? written while he was Secretary of Commerce, relating t() thiS Mr. BORAH. Yes. particular treaty: Mr. BLAINE. I should like to make an inquiry of the fu~~= ' Senator with reference to prison-made goods, concerning which I find there is an exception in section 6 of the protocol. I While it is regrettable that th~ convention as finally . worked es the Senator call it a reciprocity treaty? in the type of labor they are performing and the character Mr. BORAH. I presume that the spirit of reciprocity is in it, of their work. They are under the jurisdiction of a govern­ but, as I said a while ago, these prohibitions and restrictions ment which, in effect, takes away their entire freedom of con­ are principally imposed by foreign countries, and the benefit tract and freedom of action, which, of C()urse, is analogous to seems to be largely f()r the United States. convict labor. If this treaty, by implication, restricts our Gov­ Mr. KING. De>es it reduce the tariffs imposed by other coun­ ernment or prohibits our Government from enacting legislation tries upon prooucts imported from the United States into th6se pla_cing an eJ?lbargo upon goods which may. be manufactured, countries? mined, or proce"'sed by this type of labor, then I should like to Mr. BORAH. It does not affect tariffs, but bas to do with have this treaty go over until we can debate the question prohibitions and emba.rge>es against shipments to other coun­ after discussion of the tariff bill shall have ended. tries. The treaty expressly provides that so far as tariffs are .Mr. VANDEN~ERG. Prohibition of the importation of the involved the treaty shall n()t be in any way an impeachment of goods the Senator has in mind would be based on either moral the right of any government to levY a tariff. or humanitarian grounds would it not? Mr. KING. I should like to have the treaty read bef()re it Mr. BLAINE. Well, there will be those who contend to the shall be finally voted on. contrary. · Mr. VANDENBERG. I call the Senator's attention to the Mr. DILL. Mr. President, will the Senator yield? second of the eight formal exceptions in article 4, on page 7, The VICE PRESIDENT. Does the Senator from Idaho yield which permits each country without limitation to impose its to the Senator from Washington? own prohibition or restriction on moral or humanitarian Mr. BORAH. I yield. grounds. That, taken in conjuncti()n with the other exceptions, Mr. DILL. Does the treaty limit the right of this country would seem·to cover the Senator's point, I should think. to lay embargoes against the importation of gOOds? Mr. BORAH. Aside from that, there is nothing in the treaty Mr. BORAH. Embargoes, yes; but it does not limit our -right which would restrain us by reas()n of the treaty :from prohibit­ in any way with reference to the making of tariffs. ing such goods being imported into this country, if made by Mr. DILL. With regard to what articles does it limit us as forced labor, if we saw fit to enact such a law. to embargoes? · Mr. BLAINE. Tb~ section to which the Senator from Michi­ Mr. WALSH of 1\l()ntana. Mr. President, may i interrupt gan has called attention, in my opinion, does not afford sufficient the Senator? protection, because it will be argued that some Of this labor is The VICE PRESIDENT. Does the Senator from Idaho yield of a humanitarian nature, and it is, as in the case of the British to the Senator from Montana?- Government, where, as the records show, there is little crime so Mr. BORAB. I yield. far as convictions show. The British Government views many Mr. WALSH of Montana. Am I not right in saying that it offenses in quite different light than does America, for instance. prohibits us as well as all other countries from imposing any It does not believe that imprisonment is a deterrent to crime, CONGRESSIONAL RECORD-· SENATE 3745 and does not believe that conviction in certain cases is in the have been in part made by persons within those limits. I interest of their social organization. Therefore they have set think by emphasizing too much the point the Senator· is now up a system whereby men of a certain age guilty of an offense making we should be interposing obstacles to the rehabilitation may never be accused of an offense, may never be charged for­ of men and women. We should be putting impediments in the mally with the offense, and may never be convicted ; and yet pathway of men and women who are making forward steps those same men are placed under a system which is analogous toward assuming proper stations in our economic and industrial to our convict system in this country. It is a humane system and political life. which the British Government has adopted-! think one of the Mr. BLAINE. Mr. President, I might suggest that my ref· best systems of enforcing criminal law that exists to-day-and erence to the type of labor in Great Britain was only for the yet those guilty of certain crimes, though not so charged in a purpose of answering a question that arose here as to what type technical legal sense and never formally indicted--nor does an of labor· is forced or compulsory unless it is convict labor; information lie against them-when they are under the control and I was not using that to emphasize the importance of this of the Government theirs is not free labor; it is exactly the question. I will state now, however, that those men who are same type of labor as that we have in our so-called reforma­ interested in the protection of American labor and who have tories and other institutions which we denominate by a less been observers at Geneva are convinced that forced and com­ obnoxious name than that of penitentiary. pulsory labor in many of the countries is of very great extent. The system is entirely different ill India ; it f.g different in I expect to hav.e the data upon that point and will inform the Italy ; and there are other forms of forced and compulsory labor Senate upon the importance of that very question. which are of a much more objectionable type than even convict It is not just as to man convicted of an offense. I do not labor. If we are to be prohibited from passing prohibitions and estimate that that is of any great, wide importance. It is im· restrictions to keep out goods manufactured or processed or portant, it is true ; but there is a type of forced and compulsory mined by that type of labor, I can not support the treaty with· labor that is of no different or other character than human out an exception being made. slavery, and it prevails generally in many of the countries since Mr. BORAH. My opinion is that the treaty would not pre­ the World War. It is the product of that type of labor against clude us from passing such a law. Let me read an extract which I desire to place restrictions. from article 4. If we were going to enact that kind of a meas­ We can not, as a country, say to those nations, ., You must ure it would necessarily be on the grotmd of the security of our abolish this particular type of enslavement"; but we can say to own people or on some humanitarian ground or some moral those countries, "We will not enter into commercial relation­ ground or for moral reasons, for upon no other ground could it ship with you so long as you employ that type of labor in the be bused. Article 4 provides : manufacture of your articles of commerce." We can say that The following classes of prohibitions and restrictions are not pro­ to them, and we ought to say it. hibited by the present convention, on condition, however, that they are I am, therefore, rather impelled to ask that the consideration not applied in such a manner as to constitute a means of arbitrary of this treaty go over until there can be some discussion upon: discrimination between foreign countries where the same conditions this question. prevail, or a disguised restriction on international trade : Mr. BORAH. Mr. President, I should have no objection to 1. Prohibitions or restrictions relating to public security. the treaty going over if it were not for the fact that we are 2. Prohibitions or restrictions imposed on moral or humanitarian limited in time as to when we can deposit the h·eaty. That grounds. . is the reason why I called it up this afternoon. I am willing That would necessarily be the ground upon which the Senator to have it go over until to-morrow if the .Senator thinks he can would seek to impose restrictions in the instance mentioned by be ready by to-morrow. . him. Mr. BLAINE. I do not know. It is no easy task to prepare Mr. BLAINE. No; I would do so on economic grounds. I do the information and make it valuable. If the treaty does not not believe that we can support a prohibition against. convict affect the question I have been discussing, then I have no dis­ labor upon humanitarian grounds or moral grounds; it must be position to postpone action upon the treaty. I think by to-mor­ upon an entirely different theory-upon economic grounds-that row I can convince myself, at least, whether or not the treaty free labor in America ought not to be put in competition with prohibits the restriction to which I have referred. convict labor in a foreign country. However, free labor in Mr. BORAH. That is what I had in mind. America to-day is put in such competition. I do not know what Mr. SHORTRIDGE. Mr. President, before the matter is the present law is, but free labor in America is put in competi­ disposed of may I ask a question for information? tion with forced and compulsory labor quite generally through­ The VICE PRESIDENT. Does the Senator from Wisconsin out the world, and that type of labo-r, in my opinion, affects yield to the Senator from California? American workingmen from an economic standpoint not only in Mr. BLAINE. I yield. degree but in extent of product far in excess of t'Onvict labor. Mr. SHORTRIDGE. Is it the present information of the They have practically no convict labor in Great Britain, for Senator that products of this forced &nd compulsory labor are instance; but they have in great amounts so-called forced labor now being imported into our country? under a very humanitarian administration of the criminal laws Mr. BLAINE. They manufacture and produce part of the of the British realm. commerce of the world, and we get our share of it, whatever Mr. KING. Mr. President, will the Senator yield? that is ; I do not know how much. The VICE PRESIDENT. Does the Senator from Wisconsin · Mr. BORAH. I hope the Senator by to-morrow will be able yield to the Senator from Utah? to advise us whether he thinks the treaty touches the matter Mr. BLAINE. I do. to which he has referred. Mr. KING. Does not the Senator think he is emphasizing too Mr. BLAINE. I will examine into that question. much the character and volume of labor that would come within The VICE PRESIDENT. The treaty will be placed on the the categories to which he refers? calendar. Are there further reports of committees? I am somewhat familiar-perhaps not as familiar as the POST-OFFICE NOMINATIONS Senator-with the economic conditions and the reformatory Mr. BLACK. From the Committee on Post Offices and Post conditions in Great Britain. I am sure the Senator would not Roads I report back favorably three nominations of postmas­ desire to lay down the rule that we ought to make an excep­ ters in Alabam&. I should like to have them taken up now and tion against contacts with other countries and with their prod­ confirmed. ucts if, perchance, there were some-and there will be very f~w, The VICE PRESIDENT. Will the Senator wait until the measured by the number of employees-within those countries cale:ndar is reached? that may come within the categories to which he has referred. Mr. BLACK. They are not on the calendar. Take it in the United States. We have a number of reforma­ The VICE PRESIDENT. They will be in order when the tories, as the Senator said. We have industrial -schools where calendar is taken up. Are there fw·ther reports of co~mittees 1 young men and women, particularly, are temporarily confined, at least partially confined. The efforts which are being put NAVAL NOMINATIONS forth are reformatory in character. They are not tabooed. Mr. HALE, from the Committee on Naval Affairs, reported They are not ostracized. They are not characterized as crim­ sundry nominations. inals. They are not segregated from the great mass of our EXECUTIVE CALENl>.AH. industrial and economic life. We do not brand them by any The VICE PRESIDENT. Are there further reports of com­ economic segregation. I should feel somewhat perturbed, I mittees? If not, the Executive Calendar is in order. should regret, if Great Britain or some other country with which we are having dealings should raise a barrier against POST-OFFICE NOMINATIONS any possible contact with commodities-and, of course, they Mr. MOSES. I ask unanimous consent for the confirmation would be very limited in volume or value-that possibly may in block of all post-office nominations on the calendar. 3746 CONGRESSIONAL RECORD-SENATE SEPTEMBER 18 Mr. SHEPPARD. Mr. President, will the Senator yield to "An act to readjust the commissioned personnel of the Coast me for a moment? Guard, and for other purposes," approved March 2, 1929. The VICE PRESIDENT. Does the Senator from New Hamp­ shire yield to the Senator from Texas? APPOINTMENT IN THE ARMY Mr. MOSES. I do. CHIEF OF BRANCH Mr. SHEPPARD. I wish to ask that Calendar No. 42, Louis 0. l\fuenzler, New Ulm, Tex., be returned to the committee until To be Ohief of Engineers, with the rank of major general, tar a f}fJriod of foor years from date of accepta;nce, with ranlc I can examine some data in regard to it. frcrrn August 8, 1929 Mr. MOSES. With the exception of Calendar No. 42, then, I make the request. Brig. Gen. Lytle Brown, United States .Army, vice Maj. Gen. The VICE PRESIDENT. Without objection, Calendar No. 42 Edgar Jadwin, Chief of Engineers, retired from active service will be recommitted, and the other nominations of postmasters .August 7, 1929. will be confirmed. · APPOINTMENTS AND PROMOTIONS IN THE NAVY Mr. MOSES. I now ask unanimous consent for the present consideration of the nominations of three postmasters from the Capt. Arthur J. Hepburn to be a reru· admiral in the Navy State of Alabama which were reported by the committee to-day. from the 6th day of June, 1929. The VICE PRESIDENT. The Secretary will state the nomi­ Commander Arthur K. Atkins, an additional number in grade, nations. to be a captain in the Navy from the 13th day of March, 1929. The Chief Clerk read as follows: Commander John J. London to be a captain in the Navy from the 26th day of March, 1929. Louise Richardson to be postmaster at Blossburg, Ala. The following-named commanders to be captafns in the Navy James M. Voltz to be postmaster at Daphne, Ala. from the 6th day of June, 1929: Robert L. Frederick to be postmaster at Red Bay, Ala. .Alexander S. Wadsworth, jr. The VICE PRESIDENT. 'Vithout objection, the nominations James S. Woods. will be confirmed. Commander John M. Smeallie to be a captain in the Navy ARMY NOMINATIONS from the 18th day of June, 1929. The following-named commanders to be captains in the Navy On motion of Mr. REED, sundry Army nominations were con­ from the 1st day of July, ·1929: firmed in block. William P. Gaddis. UNITED STATES COAST GUARD NOMINATIONS Kenneth Whiting. On motion of Mr. JONES, sundry nominations in the United Lieut. Commander Holloway H. Frost to be a coinmander in States Coast Guard were confirmed in block. the Navy from the 29th day of March, 1929. CALIFORNIA DEmuS OOMMIBSION NOMINA..TION Lieut. Commander Joseph M. Deem to be a commander in the Navy from the 6th day of June, 1929. On motion of Mr. JoNES, a nomination for the California Lieut. .Commander Lucius C. Dunn to be a commander in the Debris Commission was confirmed. Navy from the 18th day of June, 1929. . COAST AND GEODETIC SURVEY NOMINATIONS Lieut. Commander Robert P. Guiler, jr., to be a commander in On motion of Mr. Jo~""ES, sundry nominations for the Coast the Navy from the 1st day of July, 1929. and Geodetic Survey were confirmed. Lieut. Edward Sparrow to be a lieutenant commander in the The VICE PRESIDENT. That completes the Executive Cal­ Navy from the 8th day of January, 1929. endar. .All resolutions of confirmation this day agreed to will be Lieut. Ben H. Wyatt to be a lieutenant commander in the transmitted to the President of the United States. Navy from the 21st day of January, 1929. RECESS Lieut. Earl W. Morris to be a lieutenant commander in the Navy from the 27th day of March, 1929. Mr. SMOOT. .As in legislative session, I move that the order Lieut. Robert W. Fleming to be a lieutenant commander in agreed to this morning for a recess until to-morrow at 12 o'clock the Navy from the 29th day of March, 1929. be carried out Lieut. William J. Morcott to be a lieutenant commander in the The motion was agreed to; and (at 4 o'clock and 40 minutes · Navy from the 22d day of May, 1929. p. m.) the Senate, under the order previously entered, took a The following-named lieutenants to be lieutenant commanders recess until to-morrow, Thursday, September 19, 1929, at 12 in the Navy from the 6th day of June, 1929: o'clock meridian. Robert E. Keating. Evan G. Hanson. Philip W. Warren. William G. Ludlow, jr. NOMINATIONS John N. Walton. Executwe nominations received by the Senate September 17 Lieut Carl W. Brewington to be a lieutenant commander in ( legwlative day of September 9), 1929 the Navy from the 15th day of June, 1929. UNITED STATES A.TroRNEY Lieut. Leonard B. Austin to be a lieutenant commander in Wilburn P. Hughes, of Florida, to be United States .Attorney, the Navy from the 16th day of June, 1929. southern district of Florida, vice William M. Gober, resigned. Lieut. John H. Jenkins to be a lieutenant commander in the (Mr. Hughes is now serving under appointment by the court.) Navy from the 30th day of June, 1929. The following-named lieutenants to be lieutenant commanders CoAsT GuARD in the Navy from the 1st day of July, 1929: The following-named officers in the Coast Guard of the Andrew R. Mack. United States: James P. Conover, jr. To be captaina Lieut. (Junior Grade) James B. Voit to be a lieutenant in To rank as such from July 1, 1929: the Navy from the 3d day of June, 1927. Commander Harold D. Hinckley. Lieut. (Junior Grade) Orner A. Kneeland to be a lieutenant Commander John Boedeker. in the Navy from the 3d day of June, 1928. Commander William H. Munter. Lieut. (Junior Grade) George W. Bauernschmidt to be a lieu­ Commander Philip W. Lauriat. tenant in the Navy from the lOth day of June; 1928. Commander Leon C. Covell. Lieut. (Junior Grade) Edward C. Forsyth to be a lieutenant Commander Thomas :M. Molloy. in the Navy from the 16th day of January, 1929. To rank as surh from July 13, 1929, in place of Capt. John Lieut. (Junior Grade) Robert W. Bedilion to be a lieutenant G. Berry, deceased: in the Navy from the 15th day of February, 1920. Commander EdwardS. .Addison. Lieut. (Junior Grade) Charles C. Phleger to be a lieutenant To be captains (engineering) in the Navy from the 24th day of February, 1D2U. The following-named lieutenants (junior grade) to be lieu- To rank as such from July 1, 1009: tenants in the Navy from the 1st day of March, 1929: Commander (Engineering) John B. Turner. James B. McVey. Commnnder (Engineering) Charles A. Wheeler. Edward A. Solomons. . Commander (Engineering) John I. Bryan. Lieut. (Junior Grade) Rogers Elliott to be a lieutenant in Commander (Engineering) Edwin W. Davis. the Navy from the 13th day of March, 1929. Commander (Engineering) Charles S. Root. . Lieut. (Junior Grade) Herbert S. Duckworth to be a lieu­ The above-named officers have passed the examinations re­ tenant in the Navy from the 15th day of March, 1929. quired for the promotions for which they are recommended. Lieut. (Junior Grade) Frank C. Sutton to be a lieutenant This is in accordance with the provisions of the act entitled in the Navy from the 26th day of March, 1929. 1929 CONGRESSIONAL RECORD-SENATE 3747 Lieut. (Junior Grade) William B. Bolden to be a lieutenant Edward S. Hutchinson. Benjamin S. Custer. in the Navy from the 29th day of March, 1929. Charles '.r. Singleton, jr. ·· Benjamin R. Crosser. Lieut. (Junior Grade) Harold E. Parker to be a lieutenant in Paul H. Tobelman. Harry D. Johnston. the Navy from the 20th day of April, 1929. Wilfred Bushnell. William T. Kenny. Lieut. (Junior Grade) Maurice J. Strong to be a lieutenant in Louis Shane, jr. Thompson P. Elliott. the Navy from the 22d day of May, 1929. PaulL. Dudley. Andrew H. LaForce. Lieut. (Junior Grade) Samuel K. Groseclose to be a lieu­ Eugene S. Karpe. Daniel B. Miller. tenant in the Navy from the 3d day of June, 1929. Ralph D. Smith. Duncan C. 1\!acl\!illan. The following-named lieutenants (junior grade) to be lieu­ Jacob E. Cooper. DeWitt C: E. Hamberger. tenants in the Navy from the 6th day of June, 1929: Thomas F. Conley, jr. Raymond S. Lamb. Cecil C. Adell, an additional Edward J. O'Kane. Ralph E. Westbrook. Joseph W. Callahan. number in grade. Vernon 0. Clapp. William Turek. William C. Asserson, jr. Willard J. Suits. Frederick L. Riddle. Luther K. Reynolds. Dwight 1\I. Agnew. Owen Rees. Russell G. Sturges. Olin P. Thomas, jr. Marvin C. Parr. Ralph F. Bradford, jr. Robert Ball Smith. James N. Shofner. - Gale E. Griggs. 1\Iichael J. Malanaphy. Henry F. MacComsey. Charles J. Whiting. William White. William B. Ault. Guy B. Helmick. Howard E. Ballman. Lieut. (Junior Grade) Chauncey Moore to be a lieutenant in Robert R. DeWolfe. Eugene S. Sarsfield. the Navy from the 13th day of June, 1929. Daniel T. Birtwell, jr. _ Leonard Branneman. Lieut. (Junior Grade) Robert B. Higgins, jr., to be a lieuten­ Ambrose F. Crowley. Ernest R. Perry. ant in the Navy from the 15th day of June, 1929. George G. Crissman. Robert R. Moore. The following-named lieutenants (junior grade) to be lieu- Wallace J. Miller. Earl S. Caldwell. tenants in the Navy from the 1st day of July, 1929: Donald A. Crandell. John J. McClelland. Clarke B. Lewis. Charles R. Rohweder. Marshall B. Gurney. Robert l\IcC. Peacher. Walter E. Fratzke. Henry Farrow. Donald B. Johnston. Clifford T. Corbin. Robert B. Hollenbeck. En ign Clyde F. Malone to be a lieutenant (junior grade) in Lewis R. Miller. Carl W. Ramsey. the Navy from the 4th day of June, 1928. Henry F. Ripley. James R. Linsley, jr. The following-named ensigns to be lieutenants {junior grade) William H. Carpenter. George L. Shane. in the Navy from the 3d day of June, 1929: Robert de C. Baker. Maxwell F. Leslie. William 0. Floyd. George M. Whitson, jr. Hamilton W. Howe. Norman L. Bolt. Charles B. Lyman, 3d. Wendell F. Kline. Solomon D. Willingham. Edwin F. Voit. Albert G. Mumma. Donald L. Mills. Boatswain Jack W. Ames to be an ensign in the Navy from Benjamin B. C. Lovett. Richard M. Boaz. the 7th day of June, 1929. William C. Sprenger. Paul W. Watson. Medical Inspector Montgomery A. Stuart to be a medical di­ Carlton B. Hutchins. Allen R. Joyce. rector in the Navy, with the rank of captain, from the 1st day Dennis J. Sullivan. Louis E. French. C)f July, 1928. Walter J. Whipple, 2d. Clarence 0. Taff. The following-named medical inspectors to be medical direc­ Harlan K. Perrill. Stanley G. Nichols. tors in the Navy, with the rank of captain, from the 1st day of Charles B. Hart. Henri de B. Claiborne. July, 1929: Marvin P. Evenson. John A. Winfrey. Charles W. 0. Bunker. James B. Ward. Theodore R. Frederick. Montgomecy E. Higgins. William S. \Vhiteside. William A. Dolan, jr. William Chambers. Walter C. Stahl. Ramond C. Ericson. The following-named citizens to be assistant dental surgeons Herald F. Stout. Eugene F. May. in the Navy, with the rank of lieutenant (junior grade), from Alvord J. Greenacre. William T. Jones. the 23d day of July, 1929 : William G. Myers. Harold A. Fravel. Clifford E. Allen, a citizen of Illinois. Nathaniel S. Prime. lPrank T. Butler. Raymond A. Lowry, a citizen of Virginia. ·we-·ley A. Wright. Henry D. Rozendal. Charles F. Hoyt, a citizen of Washington. Philip Niekum, jr. • William R. Smedberg, 3d. Frederick V. Tully, a citizen of New York. Jobn L. Burnside, jr. Edwin S. Schanze. Clifford C. De Ford, a citizen of Nebraska. Edmund l\1. Ragsdale. Heywood L. Edwards. Lyman R. Vaughan, a citizen of Nebraska. Charles 0. Larson. Wayne B. Miller. Charles F. Woodward, a citizen of North Carolina. Thomas 1\1. Whelan. Francis L. Busey. Chief Pay Clerk John K. Chisholm to be an assistant pay­ Charles F. Horne, jr. James E. Leeper. master in the Navy, with the rank of ensign, from the 15th day John H. Ellison. Theodore W. Rimer. Allen M. Kemper. Roy A. Gano. of August, 1929. Pay Clerk William J. Laxson be an assistant paymaster Abbott M. Sellers. Earl K Olsen. to in the NaVY, with the rank of ensign, from the 15th day of Augustus C. Long. John K. Wells. J oseph F. Mallach. Benjamin Van M. Russell. August, 1929. John O'Shea, jr. John E. Fradd. The following-named ensigns to be assistant civil engineers in the Navy, with the rank of ensign, from the 3d day of June, James A. Morrison. Charles ,V. ~loses. Leonidas M. Matthews. Orville K. O'Daniel. 1926: Frederic A. Graf. John K. Reybold. Charles L. Strain. John C. S. 1\IcKillip. Mannert L. Abele. Robert H. Meade. John B. McLean. Morton K. Fleming, jr. Lieut. (junior grade) Clifford M. Alvord to be a lieutenant Charles A. Buchanan. Gerald D. Zurmuehlen. in the Navy, from the 1st day of August, 1929. Joseph B. Stefanac. William C Eddy. Karl J. Biederman. John A. Glick. CONFIRMATIONS Carroll H. Taecker. Charles L. Boyle. William L. Pryor, jr. Morgan Redfield. Executive twnllination.s cot~firmea by the Sena-te Septem-ber 18 Willard M. Sweetser. Edward J. Boughton, 3d. (legisla-twe clay of September 9), 1929 Clarence Broussard. Robert G. Armstrong. l\iEMBER OF THE CALIFORNIA DEBRIS COMMISSION Herman 0. Parish. Ernst A. Ruth, jr. Maj. John R. D. Matheson. Karl F. Poehlmann. Barron G. Lowrey. Francis X. Carmody, jr. Joe B. Paschal. CoAST AND GEODETIC SURVEY John F. Gallaher. George W. Campbell. Earl Oscar Heaton to be hydrogra_IThic and geodetic engineer. James B. Fox. Erasmus W. Armentrout, jr. Robert Francis Antbany Studds to be hydrographic and geo­ Nathaniel C. Barker. Paul M. Curran. detic engineer. John J. Crane. Diggs Logan. William G. Cooper. Joseph H. Willingham, jr. UNITED STATES COAST GUARD Douglas H. Fox. Ranson Fullinwider. John S. Merriman, jr., to be temporary ensign. Frank B. Schaede. John L. Woodbury. Francis Wiesman to be temporary ensign. J oseph M. Stuart. Charles Jackson. Frank E. Pollio to be lieutenant (junior grade). William L. Anderson. Walter L. Dyer. John H. Martin to be lieutenant (junior grade). 3748 CONGRESSIONAL RECORD-SENATE SEPTE:MBER 18 Merlin O'Neill to be lieutenant commander. Eugene Edward Manning to be first lieutenant, Dental Corps. Norman H. LesHe to be lieutenant commander. Harvie Russell . Ellis to be second lieutenant, Veterinary Norman R Stiles to be lieutenant commander. Corps. To be Ueu.te7Ultnt8 John Joseph Templeton to be second lieutenant, Medical Harold S. Berdine. Arthur G. Morrill. Administrative Corps. Robert H. Furey. Clarence C. Paden. Christian Anthony Wachter to be chaplain with the rank of Norman M. Nelson. Donald G. Jacobs. first lieutenant. Robert E. Hunter. Vincent J. Charte. Andrew Moses, Field Artillery, to be brigadier general. Carl E. Guisness. Harold L. Conn~r. Merritt Gartley Ringer to be first lieutenant, Medical Corps. Ernest B. Johnson. Chester C. Childs. Charles Edward Nagel to be first lieutenant, Medical Corps. Paul B. Cronk. John P. Crowley. Clarence Woodson Hardy to be first lieutenant, Medical Corps. Robert Reeve Estill to be first lieutenant, Medical Corps. To be lieutenants (junior grade) Stakely Fonville Hatchette to be first lieutenant, Medical William T. Schellhous. Stephen H. Evans. Corps. . Harold S. Maude. John A. Glynn. Charles Laurn Leedham to be first lieutenant, Medical Corps. Donald E. McKay. John E. Fairbank. Willis Hinton Drummond to be first lieutenant, Medical Corps. Vernon E. Day. Joseph A. Kerrins. Charles Chute Gill to be first lieutenant, Medical Corps. Leslie B. Tollaksen. William W. Scott. Jacob Louis Rudofsky to be first lieutenant, Medical Corps. John L. Steinmetz. Edward H. Thiele. Marcus David Kogel to be first lieutenant, Medical Corps. Stanley C. Linholm. Reginald H. French. Leo James McDonald to be chaplain with the rank of first Fred P. Vetterick. John W. Ryssy. lieutenant. George F. Hicks. Richard L. Burke. Col. Louis Hermann Bash to be assistant to the Quartermaster Clarence F. Edge. Nathaniel S. Fulford, jr. General with the rank of brigadier general. Alexander L. Ford. Richard L. Horne. Col. Henry Clay Fisher to be assistant to the Surgeon General APPOINTMENTS IN THE ArulY with the rank of brigadier general. GENERAL OFFICERS Cot Carl Royer Darnall to be assistant to the Surgeon General with the rank of brigadier general. Brig. Gen. Ralph Henry VanDeman to be major general from May 27, 1929. MPOINT.M:EN'i"S, BY TRANSFER, IN THE .Aro.J:y Brig. Gen. Frank Ross McCoy to be major general from Capt. Samuel Alexander Greenwell, to Adjutant General's September 4, 1929. Department. Col. George Clymer Shaw, Infantry, to be brigadier general Maj. Walter Alexander Pl!Shley to Quartermaster Corps. from June 25, 1929. Capt. Joseph Pescia Sullivap. to Quartermaster Corps. ASSISTANT CHIEF OF BRANCH Capt. Ray Bradford Conner to Finance Department. Capt. Charles Lewis to Finance Department. Col. James Fuller McKinley to be Assistant The Adjutant E!econd Lieut. Thomas George McCulloch to Finance Depart. General, with the rank of brigadier general. ment. APPOINTMENTS IN THE R:mULAR ARMY First Lieut. Albert Deimar Miller to Finance Department. Robert Edward Lee to be first lieutenant, Medical Corps. Second Lieut. Harry Oliver Paxron to Corps of Engineers. Jesse Benton Helfrich to be first lieutenant, Medical Corps. First Lieut. Urban Niblo to Ordnance Department. Thomas Albert Wildman to be first lieutenant, Medical Corps. First Lieut. Eugene Desire Regad to Ordnance Department. Duran H. Summers to be first lieutenant, Medical Corps. First Lieut. Robert MacKenzie Shaw to Signal Corps. Frederick Stephen Craig to be first lieutenant, Medical Corps. First Lieut. Horace McParlin Woodward, jr., to Chemical Norman Hyde Wiley to be first lieutenant, Medical Corps. Warfare Service. Paul Irwin Robinson to be first lieutenant, Medical Corps. Second Lieut. Logan Carroll Berry to Cavalry. Silas Beach Hays to be first lieutenant, Medical Corps. Capt. Thomas Ralph Miller to Field Artillery. Henry William Da.ine to- be first lieutenant, Medical Corps. Capt. Stockbridge Carleton Hilton to Field Artillery. Earl Maxwell to be first lieutenant, Medical Corps. First Lieut. Willlam Byron Walters to Field Artillery. Daniel John Berry to be first lieutenant, Medical Corps. First Lieut. Halstead Clotworthy Fowler to Field Artillery. William Augustus Badly, jr., to be first lieutenant, Medical Seoond Lieut. Samuel Henry :Fisher to Field Artillery. Corps. Second Lieut. Robert John West, jr., to Field Artillery. Roary Adlai Murchison to be first lieutenant, Medical Corps. First Lieut. David Jerome Ellinger to Air Corps. Paul Hayes to be first lieutenant, Medical Corps. Serond Lieut. Harvey Lyon Boyden to Air Corps. Hugh Logan Prather to be first lieutenant, Medical Corps. Second Lieut. Samuel W~ace Van-Meter to Air Corps. George Hollander Donnelly to. be first lieutenant, Medical Second Lieut. Guy Beasley Henderson, to Air Corps. Corps. Second Lieut. WUliam Albert Harbold to .Air Corps. }"'rancis Willard Pruitt to be first lieutenant, Medical Corps. Second Lieut. Frederick August Bacher, jr., to Air Corps. Elbert DeCoursey to be first lieutenant, Medical Corps. Second Lieut. Mark Kincaid Lewis, jr., to Air Corps. John Frederick Bohlender to be first lieutenant, Medical Capt. William Camillus Kabrich to Chemical Warfare Service. Corps. First Lieut. Thomas DuVal Roberst to Cavalry. Charles Scott Mudgett to be first lieutenant, Medical Corps. Second Lieut. Frederick Prall Munson to Field Artillery. Ellis McFerrin Altfather to be first lieutenant, Medical Corps. Capt Frederle Bern?d Wieners to Infantry. Aubrey LeVerne Bradford to be first lieutenant, Medical PROMOTIONS IN THE ARMY Corps. Frederick Marlon Jones, Cavalry, to be coh:mel. Wilford F. l::{all to be first lieutenant, Medical Corps. John Adam Wagner, Quartermaster Corps, to be colonel. Rollin LeRoy Bauchspies to be first lieutenant, Medical Corps. William Hugh Clopton, jr., Finance Department, to be eolonet Ernest David Liston to be first lieutenant, Medical Corps. Joseph Ray Davis, Field Artillery, to be lieutenant colonel. John Ruxton Wood to be first lieutenant, Medical Corps. Sherman Miles, Coast Artillery Corps, to be lieutenant colonel. Raymond Wilkins Murray to be first lieutenant, Medical Charles Smith Caffery, Infantry, to be lieutenant colonel. Corps. Sevier Rains Tupper, Infantry, to be major. Jack William Schwartz to be first lieutenant, Medical Corps. Frank Royse, Field Artillery, to be major. Clyde Lemuel Brothers to be first lieutenant, Medical Corps. Laurence Fielding Stone, Air Corps, to be major. Roger Gaylord Prentiss, jr.,- to be first lieutenant, Medical Hiram Barricklow Turner, Infantry, to be captain. Corps. James Gordon Cooper, jr., Infantry, to be captain. Claude Linwood Neale to be first lieutenant, Medical Corps. Marcus Butler Boulware, Infantry, to be captain. George Horsfall to be first lieutenant, Medical Corps. Harry Henry, Infantry, to be captain. Harold Edward Schneider to be first lieutenant, Medical Walter Ray Goodrich, Coast Artillery Corps, to be captain. Corps. Homer Price Dittemore, Infantry, to be captain. Olin Foster Mellnay to be first lieutenant, Medical Corps. Chester Darlington Haisley, Infantry, to be captain. Samuel Howard Alexander to be first lieutenant, Medical Eleazur Parmly, 3d, Field Artillery, to be first lieutenant. Corps. · Luther Stevens Smith, Air Corps, to be first lieutenant. Herbert Theodore Berwald to be first lieutenant, Medical Bernard Warren Justice, Cavalry, to be first lieutenant. Corps. Samuel Glenn Conley, Infantry, to be first lieutenant. Dale Bowlby Ridgely to be first lieutenant, Dental Corps. Stephen Wilson Ackerman, Infantry, to be first lieutenant. Roger Giles Miller to be first lieutenant, Dental Corps. Lewis Spencer Kirkpatrick, lnfanh·y, to be first lieutenant. t929 CONGRESSIONAL RECORD-SENATE 3749 Charles Hunter Coates, Infantry, to be first lieutenant Harvey Henry Smith, Infantry, to be captain. Frank Glover Trew, Cavalry, to be first lieutenant. Albert Gallatin Phillips, Infantry, to be captain. Hugh Richmond Gilmore, jr., to be captain, Medical Corps. Claude Onias Burch, Cavalry, to be captain. Herbert Ellsworth Tomlinson, to be captain, Medical Corps. Alvin Keawiula Robinson, Infantry, to be captain. Clarence Albert . Mcintyre, to be captain, Medical Corps. Russell Raymond Louden, Infantry, to be captain. William Henry Siefert, to be major, Dental Corps. John Kenneth Cannon, Air Corps, to be captain. Dale Bowlby Ridgely, to be captain, Dental Corps. Raymond MacDonald, Infantry, to be captain. Max Verne Talbot, to be captain, Medical Administrative Fred Warren Caswell, Infantry, to be captain. Corps. A. Y. Culton, Infantry, to be captain. James Etter Shelley, Quartermaster Corps, to be colonel. Gerald Goodwin Gibbs, Coast Artillery Corps, to be first Edward Calvert, Quartermaster Corps, to be colonel. lieutenant. . Paul Myron Goodrich, Infantry, to be coloneL William Hill Lamberton, Infantry, to be first lieutenant. William Wisner Taylor, jr., Infantry, to ,t>e colonel. George William Busbey, Cavalry, to be first lieutenant. Bruce Palmer, Cavalry, to be colonel. Haydon Lemaire Boatner, Infantry, to be first lieutenant. George Audley Herbst, Infantry, to be colonel. Cary Brown Hutchinson, Cavalry, to be first lieutenant. James Edmond Fechet, Air Corps, to be colonel. Clarence Keith Darling, Cavalry, to be first lieutenant. Elmer Elverton Fuller, Infantry, to be colonel. Joe L. Loutzenheiser, Air Corps, to be first lieutenant. George Chase Lewis, Infantry, to be colonel. Zachery Winfield Moores, Cavalry, to be first lieutenant. William Henry Patterson, Infantry, to be colonel Perry William Brown, Field Artillery, to be first lieutenant. Elliott Malloy Norton, Infantry, to be colonel. James Edward Moore, Infantry, to be first lieutenant. Frank Barker Edwards, Coast Artillery Corps, to be colonel. Silas Woodson Hosea, Infantry, to be first lieutenant. Philip Worthington Cor-busier, Cavalry, to be colonel. Harold James Keeley, Infantry, to be first lieutenant. Ralph Talbot, jr., :Field Artillery, to be lieutenant colonel. Stephen Stanley Koszewski, Field Artillery, to be first lieu- Arthur Willis Lane, Infantry, to be lieutenant colonel. tenant. Walter Evans Prosser, Signal Corps, to be lieutenant colonel. John Clair Smith, Coast Artillery Corps, to be first lieutenant. Henry Tacitus Burgin, Coast Artillery Corps, to be lieutenant Peter Conover Hains, 3d, Cavalry, to be first lieutenant. colonel. George Edmund Young, Coast Artillery Corps, to be first Nathan Horowitz, Field Artillery, to be lieutenant colonel. lieutenant. Bernard Lentz, Infantry, to be lieutenant colonel. Richard Emmel Nugent, Infantry, to be first lieutenant. Clifford Lee Corbin, Quartermaster Corps, to be lieutenant Walter Allen Buck, Infantry, to 'De first lieutenant. colonel. John Phillips Kirkendall, Air Corps, to be first lieutenant. Berkeley Thorne Merchant, Cavalry, to be lieutenant colonel. Vonna Fernleigh Burger, Field Artillery, to be first lieutenant. Frederick Coleman Test, Infantry, to be lieutenant colonel. Charles Dwelle Daniel, Field Artillery, to be first lieutenant. Owen Stellman Albright, Signal Corps, to be lieutenant colonel. Joseph Aloysius Kielty, Infantry, to be first lieutenant. Fred Hendrickson Baird, Infantry, to be lieutenant colonel. Cleland Charles Sibley, Infantry, to be first lieutenant. Hugh Hunt Broadhurst, Cavalry, to be lieutenant colonel. - James Edward McGraw, Coast Artillery Corps, to be first Clifford Cabell Early, Infantry, to be lieutenant coloneL lien tenant Arthur William Holderness, Cavalry, to be lieutenant colonel Robert Roy Selway, jr., Air Corps, to be first lieutenant. Louis Albert O'Donnell, Cavalry, to be lieutenant colonel John Gilbert Moore, Air Corps, to be first lieutenant. Allan Rutherford. Infantry, to be lieutenant colonel. Edward Lynn Andrews, Field Artillery, to be first lieutenant. Richard Gentry Tindall, Infantry, to be major. James Grafton Anding, Field Artillery, to be first lieutenant. Graham Wallace Le~ter, Infantry, to be major. Darwin Denison Martin, Coast Artillery Corps, to be first Francis Artaud Byrne, Infantry, to be major. lieutenant. Farragut Ferry Hall, Infantry, to be major. Orville Monroe Moore, Field Artillery, to be major. George Avery Tucker, Coast Artillery Corps, to be first lieu- Walter Rayburn McClure, Infantry, to be major. tenant. Charles Edward Speer, Infantry, to be major. Joseph Rogers Burrill, Field Artillery, to be first lieutenant. Leonard Russell Boyd, Infantry, to be major. Leslie Alfred Skinner, Air Corps, to be first lieutenant \Vithers Alexander Burress, Infantry, to be major. Nathaniel Clay Cureton, jr., Field Artillery, to be first lieu- Bar L'Y Lee Bennett, Signal Corps, to be major. tenant. John Cheney Platt, jr., Signal Corps, to be major. John Alfred McComsey, Coast Artillery Corps, to be first James Lindley Hatcher, Ordnance Department, to be major. lieutenant. Lawrence Burdette Glasgow, Infantry, to be major. George Morgan Kernan, Infantry, to be first lieutenant. Paul Murray Ellis, Infantry, to be major. James Edwards Poore, jr., Signal Corps, to be first lieutenant. Jewett Casey Baker, Infantry, to be major. Maxwell Wood Tracy, Coast Artillery Corps, to be first Robert Byron Moore, Infantry, to be major. lieutenant. Charles Winship Jones, Infantry, to be major. Howard Everett Kessinger, Field Artillery, to be first lieu- Paul Nutwell Starlings, Infantry, to be major. tenant. Charles Porterfield, jr., Field Artillery, to be major. Francis Edwin Gillette, Infantry, to be first lieutenant. Joseph Kenneth Creamer, Infantry, to be captain. Albert Kellogg Stebbins, jr., Infantry, to be first lieutenant. Robert Sharp, Infantry, to be captain. Washington Mackey Ives, jr., Infantry, to be first lieutenant. Leonard Eby Lilley, Infantry, to be captain. William Lewis Johnson, Coast Artillery Corps, to be first Doyle Overlton Hickey, Field Artillery, to be captain. lieutenant. Glenn Earl Carothers, Infantry, to be captain. Richard Givens Prather, Infantry, to be first lieutenant. Ernest Edmund Tabscott, Infantry, to be captain. Douglas Byron Smith, Infantry, to be first lieutenant. Ralph Bamford Walker, Air Corps, to be captain. Robert Edward Cullen, Infantry, to be first lieutenant. Frank Thomas Madigan, Infantry, to be captain. Walton Gracey Procter, Field Artillery, to be first lieutenant. John Hilliard Healy, Cavalry, to be captain. Merton Goodfellow Wallington, Signal Corps, to be first Edward Clay Atkinson, Infantry, to be captain. lieutenant. Lloyd Nelson Winters, Infantry, to be captain. George Pullen Peed to be colonel, Medical Corps. Francis Michael Flanagan, Infantry, to be captain. Ralph Stribling Porter to be colonel, Medical Corps. William Windom Dixon, Field Artillery, to be captain. Percy Lancelot Jones to be colonel, Medical Corps. Clarence Beaver Lober, Air Corps, to be captain. Edward Bright Vedder to be colonel, Medical Corps. Alexander Leroy Haggart, Coast Artillery Corps, to be cap- Henry Flanagan Pipes to be colonel, Medical Corps. tain. Charles Lovelace Foster to be colonel, Medical Corps. Joseph Alexander Stuart, Infantry, to be captain. Orville Graham Brown to be colonel, Medical Corps. Edward Perry Passailaigue, Infantry, to be captain. Joseph Franklin Siler to be colonel, Medical Corps. Philip Allen Payne, Infantry, to be captain. Arthur Maunder Whaley to be colonel, Medical Corps. Richard Hamlin Bacon, Field Artillery, to be captain. James Arthur Wilson to be lieutenant colonel, Medical Corps. Eric Alexander Erickson, Field Artillery, to be captain. Morrison Clay Stayer to be lieutenant colonel, Medical Corps. Harry Leigh Lewis, Infantry, to be captain. Robert William Kerr to be lieutenant colonel, Medical Corps. Sterling Manley Crim, Infantry, to be captain. Lee Roy Dunbar to be lieutenant colonel, Medical Corps. .John James Honan, Finance Department, to be captain. Wil.iiam Stephens Shields to be lieutenant colonel, Medical Louis Verne Jones, Infantry, to be captain. Corps. / Lawrence John Ferguson, Infantry, to be captain. Addison Di:mroitt Davis to be lieutenant colonel, Medical Harry Knight, Cavalry, to be captain. Corps. 3750 CONGRESSIONAL RECORD-SENATE SEPTEMBEB 18

William Hope Smith to be lieutenant colooel, Medical Corps. POSTMASTERS Thomas James Leary to be lieutenant colonel, Medical Corps. '.rhomas Fort Bridges to be captain, Medical Corps. ALABAMA William Berry Wilson to be captain, Medical Corps. Louise Richardson, Blossburg. Henry Bennett Lavery to be captain, Medical Corps. James M. Voltz, Daphne. Clifford Andrew Gray to be captain, Medical Corps. Robert L. Frederick, Red Bay. Arthur John Redland to be captain, Medical Corps. AB.IZONA William Le~oir Wilson to be captain, Medical Corps. Ralph Hubert, Payson. Carltoo Duncan Goodie! to be captain, Medical Corps. )..&KANSAS .August Wesley Spittler to be captain, Medical Corps. Robert Francis Bradish to be captain, Medical Corps. Jarrett C. Flowers, Greenbrier. Horace Page Marvin to be captain, Medical Corps. Lorenzo .A. Teague, Mountainburg, Leonard Dudley Heaton to be captain, Medical Corps. Isabella Tice, West Memphis. William Hubert Seale to be captain, Medical Corps. COLORADO Marion Whitmell Ransone to be captain, Medical Corps. .Albert C. Hulen, Brighton. William Riney Craig to be captain, Medical Corps. Vernon F. Heath, Gilman. Thomas William Elll£worth Christmas to be captain, Medical Thomas A. Davis, Portland. Corps. Coy .A. McLean, Ridgway. Harold Willard Glattly to be captain, Medical Corps. Sherman Bohnet, Somerset. James Pope Gill, jr., to be captain, Medical Corps. Robert B. Kerr, Walsh. Francis Elbert Council to be captain, Medical Corps. CONNECTICUT John Presly Bachman to be captain, Medical Corps. Hector Langevin, Springdale. 1 ohn Buist Chester to be captain, Medical Corps. Jerome S . .Anderson, jr., Stonington. George Barnard Moore, jr., to be captain, Medical Corps. Beverley Morrison Epes to be major, Dental Corps. IDAHO Samuel John Rohde to be major, Dental Corps. Robert Leaper, Fairfield. Leroy Poston Hartley to be major, Dental Corps. ILLINOIS Nathan Corr Pickles to be major, Dental Oorps. Delsie Malone, .Alma. Oliver :James Christiansen to be major, Dental Corps. Walter C. Bisson, Charleston. Lawrence K . .Anderson to be major, Dental Corps. Willis N. Hills, Compton. William Crittenden Webb, jr., to be major, Dental Corps. Richard Hook, Gurnee. Edward Crawford .Alley to be major, Dental Corps. Wimar B. Suppiger, Hartford• . Lynn Harold Tingay to be major, Dental Corps. Irma Walters, Hillside. Claude Reavis Hollister to be major, Dental Corps. I ver M. Banson, Bines. Marhl Hector Welch to be major, Dental Corps. Walter H. Prehm, Lake Zurich. Daniel Bratton to be major, Dental Corps. Paul J. Stoffel, :Mascoutah. Thomas Luther Spoon to be major, Dental Corps. Joshua L. Lamb, Wilsonville. James Barto Mann to be major, Dental Corps. INDIANA Charles Jefferson Denholm to be major, Dental Corps. .Albert Lea .Alexander to be major, Dental Corps. Ivan J. Meister, East Gary. Arthur Letcher Irons to be captain, Dental Corps. Clarence C. Nichsolson, Elberfeld. Walter Robert Pick to be colonel, Veterinary Corps. James H. Wells, French Lick. .Andrew Edmund Donovan to be colonel, Veterinary Corps. Harry 0. Carlson, Hobart. Burt English to be colonel, Veterinary Corps. · John W. Wilkins, Leavenworth. Stanley McLeod Nevin to be first lieutenant, Veterinary Corps. Raymond C. .Austgen, Roby. Stanley Alling Clark to be captain, Medical .Administrative KANSAS Corps. Ruby 1\I. Rees, Hunter. Henry Gibbins, Quartermaster Corps, to be colonel. Albert J. Floyd, Sedan. - Charles Oscar Thomas, jr.; Cavalry, to be colonel. Horace A. Hale, Wheaton. Allen Wyant Gullion, Judge Advocate General's Department, KENTUCKY to be lieutenant colonel. Dycie B. Chism, Camp Taylor. -Louis .Albert Kunzig, Infantry, to be lieutenant colonel. Mabel V. Tanner, Florence. Irving Carrington .Avery, Infantry, to be major. Thomas Barr, Grand Rivers. .Aaron Joseph Becker, Infantry, to~ major. MAINE Wil~n McKay Spann, Infantry, to be major. Milton .Abram Hill, Infantry, to be captain. Clarence H. Pierce, Mars Hill. .Albert Lassen Lane, Corps of Engineers, to be captain. F. Edgar Douglass, North Whitefield. Howard .Alton Boone, Cavalry, to be captain. MASSACHUSETTS .Arthur John Melanson, Air Corps, to be captain. Gertrude .A. Davis, .Assonet. Roy Frank Turrentine, Infantry, to be captain. Herman C. . Maddocks, Brimfield. Otto La.uren Nelson, jr., Infantry, to be first lieutenant. Charles L. Wright, Chicopee Falls. William Henry Kendall, Coast Artillery Corps, to be first Wayne A. Smit.p, Griswoldville. lieutenant. Fred ~- Turner, Sta~ Farm. John Curtis LaFayette Adams, Infantry, to be first lieutenant. True S. Hill, Point Independence. Robert Wells Harper, Air Corps, to be first lieutenant. Nellie G. McDonald, Ward Hill. Augustus Jerome Regnier, Infantry, _to be first lieutenant. Joseph L. Ratchfield, Whitman. Howard McMath Turner, Air Corps, to be first lieutenant. Bertha M. West, Wianno. Willard Koehler Liebel, Infantry, to be first lleutenant. Raymond F. Gurney, Wilbraham. Rawley Ernest Chambers, Medical Corps,. to be captain. MICHIGAN E4mond Ross Tompkins to be colonel, Quartermaster Corps. Harold L. Bovee, Clayton. John Pearson Bubb to be lieutenant colonel, Infantry. Hazel M. Tripp, Kibble. James Vernon Ware to be major; Infantry. Chester W. Perry, Ludington. Thomas Minyard Page to be major, Dental Corps. Jay T. Hoard, Merritt. James Boyle Harrington to be major, Dental Corps. Weston H. .Averill, Otisville. Earle Robbins to be major, Dental Corps. Hugh B. Harder, Pigeon. PROMOTIONS IN THE PHILIPPINE SCOUTS Walter E. Kunz, White Cloud. Ricardo Poblete, to be first lieutenant. NEBRASKA APPOINTMENTS IN THE OFF'IOERS' REsERVE CoRPS Joyce Hubbard, .Ashby. Walt~r R. Martin, Bellevue. GENERAL OFFICERS Joseph N. Fuller, Butte. Brig. Gen. Louis Francis Guerre, Louisiana National Guard, George H. Packard, Cortland. to be brigadier general, Reserve. George W. Sampson, Lisco. Brig. Gen. Harry Gray Winsor, Washington National Guard, May Roberts, Nemaha. to be brigadier general, Reserve. · · John W. llan!l. Wauneta. 1929 CONGRESSIONAL RECORD-SENATE 3751

1\"'EW HAMPSHIRE Mr. LA FOLLETTE. I desire to announce that the senior Arthur P. Temple, Mont Vernon. Senator from Minnesota [Mr. SHIPSTEAD] is absent on account of NORTH DAKOTA illness. I ask that this announcement may stand for the day. 1\Ir. SHEPPARD. I wish to announce that the Senator from Albert A. Radke, Bentley. South Carolina [Mr. SMITH] is necessarily detained from the Frank C. Rypka, Heaton. Senate by illness in his family. I will let this announcement John W. Jones, Parshall. stand for the day. OHIO Tile VICE PRESIDENT. Seventy-seyen Senators have an­ Uriel D. Conn, McClure. swered to their names. A quorum· is present. Denver F. Duncan, McDermott. RELATIONS WITH CUBA William E. Gates, Medina. Sylvie E. Sovacool, Peninsula. Mr. BORAH. Mr. President, I present an editorial from Paul H. Stoutt, Uhrichsville. the Washington Daily News of yesterday on the situation in Olive S. Bodemer., Uniontown. Cuba, which I ask to have printed in the RECORD. OKLAHOMA There being no objection, the editorial was ordered to be printed in the REOORD, as follows: George A. Harris, Cache. William C. Cooley, Cashion. [From the Washington Daily News, September 18, 1929] John L. Reimer, Clinton. GUGGENHEIM MEETS MACHADO Ann Sneed, Putnam. Appointment of Harry F. Guggenheim as ambassador to Cuba draws Louis E. Shull, Ringling. attention again to the intolerable conditions on the island and the OREGON difficult relations existing between the United States and its political Charles J. Bush, Harper. ward. William E. Reed, Mitchell. Two reasons for sending Guggenheim to Habana are obvious. He is Joseph R. DeJardin, Taft. a business m~n with wide Latin-American interests, and many of the TEXAS problems of t~wo countries are of an economic nature, such as sugar William T. Robbins, Aspermont. and the tariff. He is a pioneer in commercial aircraft development, Latin-American trade can be best stimulated by quicker communications William H. Gisler, Austwell. provided by a web of regular air lines. Of that air web Habana is the William R. Black, Bessmay. Minnie P. Irving, Center Point. natural focal point-a strategic place, certainly, for a Guggenheim. John S. Cochran, Coahoma. But there are considerations more important than trade. Charles M. Reynolds, Cotulla. The new ambassador is going to represent a democracy in a country cursed with one of the worst dictatorships in an age of dictatorship. Florence E. McElhany, Goose Creek. Alice W. Dotson, Jewett. That would not be so difficult for the ambassador under ordinary cir­ Elbert H. Stewart, Kenedy. cumstances, for the internal affairs of the foreign country would be none C. Wolfe, Lefors. of his business. Cuba is different. It is a United States protectorate. The United States is pledged by the Platt amendment and treaty to Charles K. Langford, Mertens. Dudley B. Lawson, Rusk. protect the rights of the Cuban people by guaranteeing a Cuban govern­ Richard L. Hinkle, Telephone. ment " adequate for the protection of life, property, and individual liberty." VIRGIN ISLANDS The Machado dictatorship destroys life, property, and individual lib­ Edward S. Richardson, jr., St. Thomas. erty. Many of the Machado's political opponents have mysteriously WEST VIRGINIA disappeared, their bodies found later in prison or washed up by the sea., He has violated property rights of Cubans and Americans, and in the Bland K. Hesse, Fayetteville. latter cases has defied court rulings and State Department protests. WYOMING Individual liberty does not exist in the island which we helped to free Allen T. Frans, Meeteetse. from Spanish despotism. Machado has wiped out opposition political parties and labor unions. He has closed universities. He has destroyed ft·ee press, free speech, free assembly. By legislative trickery and manip­ SENATE ulated elections he has prolonged his term of office, which should have ended last May, until 1935. THURSDAY, September 1~, 191!19 Cubans threaten revolution as the only way to rid themselves of the Machado · terror and restore their inalienable rights. (Legislative day of Monday, September 9, 1929) What is the United States going to do about its obligation to preserve The Senate met at 12 o'clock meridian, on the expiration of those Cuban liberties? Machado boasts that he has the enthusiastic sup­ the recess. port of Washington. We don't believe it. But the inaction of the Mr. JONES. Mr. President, I suggest the absence of a United States Government is hard to explain. quorum. That is where Guggenheim comes in. As ambassador he will report The VICE PRESIDENT. The clerk will call the roll. and Interpret the dictatorship for Washington. If he sees clearly and The legislative clerk called the roll, and the following Senators report fearlessly, there should be a reversal of the administration's policy answered to their names : toward Machado very soon. Ashurst Frazier Keyes Simmons Bigger issues than trade and aviation expansion are at stake. Barkley George King Smoot Bingham Gillett La Follette Steck BUR.IAL IN EUROPE OF WORLD WAR SOLDIERS FROM TEXAS Black Glass McKellar Steiwer Blaine Glenn McMaster Swanson Mr. SHEPPARD. Mr. President, I present for insertion in Blease Goff McNary Thomas, Idaho the RECORD a statement prepared at my request by the Secre­ Borah Goldsborough Moses Thomas, Okla. tary of War showing the names, organizations, and places of Bratton Gould Norris Townsend Brock Greene Nye T1·ammell burial of members of the American forces in the World War Broussard Hale Oddie Vandenberg from the State of Texas whose remains are interred in the Capper Harris Overman Wagner Connally Harrison Patterson Walcott cemeteries of Europe ; also a summary of the service of Texas Couzens Hastings Phipps Walsh, Mass. soldiers in the World War. Cutting Hatfield Pine Walsh, Mont. The VICE PRESIDENT. Without objection, it is so ordered. Dale Hayden Pittman Warren Deneen Heflin Ransdell Waterman The matter referred to is

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