1931 CONGRESSIONAL RECORD-SENATE 3913 9076. By Mr. HANCOCK of New York: Petition of Rev. S. 4944. An act to extend the times for commencing and w. w. Hunt and other residents of Syracuse, N.Y., favoring completing the construction of a bridge across the Poto~ac the Sparks-Capper amendment; to the Committee on the River at or near Dahlgren, Va.; Judiciary. S. 5319. An act to grant the · consent of Congress to the 9077. By Mr. JAMES of Michigan: Petition of Veterans Highway Department of the State of Tennessee to construct Political Association of America, urging legislation to pay a bridge across the French Broad River on the proposed the face value of veterans' adjusted-compensation certifi Morristown-Newport Road between Jefferson and Cocke cates; to the Committee on Ways and Means. Counties, Tenn.; 9078. Also, petition of Veterans Political Association of S. 5360. An act to extend the times for commencing and America, national headquarters, Detroit, Mich., urging legis completing the construction of a bridge across the Missouri lation that will permit of the veterans' paid-up service cer River at or near Randolph, Mo.: tificates; to the Committee on Ways and Means. H. R. 2936. An act to provide for a preliminary examina 9079. Also, petition of Richard M. Jopling Post, No. 44, tion of the Tittabawassee and Chippewa Rivers, Mich., and American Legion, Michigan, favoring legislation which will San Juan River, N.Mex., with a view to the prevention and permit payment of the veterans' paid-up adjusted-service control of floods; and certificates; to the Committee on Ways and Means. H. R.14040. An act to enable the Secretary of the Treas 9080. By Mr. JOHNSON of Texas: Petition of E. E. Ober ury to expedite work on the Federal-building program holtzer, superintendent of public schools, Houston, Tex.; authorized by the act of Congress entitled "An act to pro Col. Ernest 0. Thompson, mayor of Amarillo, Tex.; and vide for the construction of certain public buildings, and for H. D. Fillers, superintendent of public schools, Corsicana, other purposes," approved May 25, 1926, and acts amendatory Tex., comprising a committee appointed by the Dliteracy thereof. Commission of Texas, favoring a law to provide for the giv CALL OF THE ROLL ing of lists of the illiterates to the State superintendents of the various States for use in illiteracy campaigns; to the Mr. FESS. Mr. President, I suggest the absence of a Committee on Education. quorum. 9081. By Mr. McCORMACK of Massachusetts: Petition of The VICE PRESIDENT. The clerk will call the roll. Boston City Council, Boston, Mass., Wilfred J. Doyle, city The legislative clerk called the roll, and the following Sen clerk, urging early and favorable consideration of legislation ators answered to their names: providing for the immediate payment in cash of the ad Ashurst Fess King Shlpstead justed-compensation' certificates issued to United States Barkley Fletcher La Follette Shortridge Bingham Frazier McGlll Smith veterans of the World War; to the Committee on Ways and Black George McKellar Smoot Means. Blaine Glass McMaster Steck Blease Glenn McNary Steiwer 9082. By Mr. O'CONNOR of New York: Resolutions of Borah Goff Metca.l! Stephens the New York State Bankers' Association, in opposition to Bratton Goldsborough Morrison Swanson the conferees' report on the Muscle Shoals bill; to the Com Brock Gould Morrow Thomas, Idaho Brookhart Hale Moses Thomas, Okla. mittee on Military Affairs. Broussard Harris NQrbeck Townsend 9083. By Mr. SPARKS: Petition of local Woman's Chris Bulkley Harrison Norris Trammell Capper Hatfield Oddie Tydings tian Temperance Union, of Portis, Kans., for the Federal Caraway Hawes Partridge Vandenberg supervision of motion pictures; to the Committee on Inter Carey Hayden Patterson Wagner state and Foreign Commerce. Connally Hebert Phipps Walcott Copeland Hefiin Pine Walsh, Mass. 9084. By Mr. WYANT: Petition of Friday Reading Club, Couzens Howell Pittman Walsh, Mont. of West Newton, Pa., urging passage of Sparks-Capper bill Cutting Johnson Ransdell Waterman Davis Jones Reed Watson ellininating unnaturalized aliens for counting in proposed Deneen Kean Robinson, Ark. Wheeler · .congressional reapportionment; to the Committee on the Dill Kendrick Sheppard Wllllamson Judiciary. Mr. WATSON. I desire to announce that my colleague 9085. Also, petition of Warren County Council of Repub the junior Senator from Indiana [Mr. RoBINSON] is de lican Women, urging taritf on petroleum and its products; tained from the Senate by illness.. I ask that this announce to the Committee on Ways and Means. ment may stand for the day. Mr. TOWNSEND. I wish to announce that my colleague SENATE the senior Senator from Delaware [Mr. HAsTINGS] is unavoid ably detained from the Senate. I ask that this announce WEDNESDAY, FEBRUARY 4, 1931 ment may stand for the day. the Potom~;~.c River from a point-near the Lincoln Memorial, ENROLLED BILLS PRESENTED , in the city of Washington, to an appropriate point in the State of Virginia, and-for other purposes," reported it with Mr. PARTRIDGE, from the Committee on Enrolled Bills, an amendment and submitted a report (No. 1456) thereon. reported that on to-day, February 4, 1931, that committee He also, from the Committee on the Library, to which was presented to the President of the United States the follow referred the bill By Mr. BROOKHART: BUSINESS OF THE SESSION A bill (S. 6045) authorizing D. S. Prentiss, R. A. Salla Mr. NORRIS. Mr. President, we have reached the point day, Syl F. Histed, William M. Turner, and John H. Rahilly, in the short session that we always reach in every shm·t their heirs, legal representatives, and assigns, to construct, session when every Senator realizes that the calendars of maintain, and operate a bridge across the Mississippi River, both Houses are clogged, and that the day is only a few at or near the town of New Boston, m.; to the Committee weeks ahead of us when by constitutional limitation Con on Commerce. gress must adjourn and everything in the way of legislation By Mr. THOMAS of Idaho: must end, however important it may be. The Congress A bill (S. 6046) to authorize advances to the reclama must commence again from the very beginning at the next tion fund, and for other purposes; to the Committee on session. U a matter of legislation has reached the point Irrigation and Reclamation. even where it is in conference between the two Houses, all By Mr. BLAINE: the work that has been done must be done upon it over A bill (S. 6047) to establish the Fort Howard National again. Monument at Green Bay, Wis.; to the Committee on Mili Every Senator realizes that such a condition is just a short tary Affairs. distance in the future at this very time. There is a rush A bill (S. 6048) granting an increase of pension to Rosa always to bring up for consideration this bill or that bill in Helms • LXXIV--248 11 · 3920 ·coNGRESSIONAL .RECORD-:-:SENATE FEBRUARY 4 " Their story was received With much surprise and amazement. by the outrageous incident where Mussolini struck down a lit the crowd. The girl, who is the daughter of Santini, a man nlck- tie child, and never stopped to see if he could be of aid or 1 named ' Lo Stallone,' was taken to the hospital of the near-by city of Grosseto, where she died the next day. comfort to .the helpless child, but remarked, as Mr. Cor " The Fascist! Pullocco, Lombardi, and Lazzerinl were the same nelius Vanderbilt said, " What is one life in the affairs of a day of the accident arrested and spirited away. No one knows ~tate?" I submit that he had a right to do so. General where they are now. II Nuovo Mondo in giving this sensational · story states that if Italy were a country with a normal demo Butler is not only a strong, virile American, but he is also a cratic government it would give the name of the person from tender-hearted man; and that tyrannical incident "riled" whom this story has been received. The name is withheld for fear him so that he condemned Mussolini, as he ought to have that the Fascl.sti would kill the informer. "The story, however, is absolutely authentic, and if this is the done, and as every right-thinking man and woman will con case to which General Butler referred in his speech in Phila demn Mussolini. delphia, in which he accused Mussolini in having run over a Mr. TYDINGS. Mr. President-- child, the general is already vindicated." The PRESIDENT ·pro tempore. · Does the Senator from Mr. HEFLIN. Mr. President, I ask to have the clerk read Alabama yield to· the Senator from Maryland? a copy of a letter from a person in Italy to a person in New Mr. HEFLIN. I yield. York, dated September 18, 1930, which gives the facts re Mr. TYDINGS. I would like to comment at this time on garding the killing of the Italian child by Mussolini. the fact that the other day during a debate in the Senate · ·The PRESIDENT pro tempore. Without objection, tbe my friend the Senator from Iowa [Mr. BROOKHART] made the · clerk will read, as requested. · statement, " What were 1,400 lives in a country of 120,000,000 The legislative clerk r~d as follows: people?" Mr. HEFLIN. Mr. President, a human life is a very pre [From a city in Toscana., September 18, 1930) cious thing, especially when that human life is taken by the . MY DEAR: You say that you wish to come back. We envy that you are there. Here nobody is sure of anything, even the Fascists brutal and tyrannical forces which now enslave Italy, the of the first recruits now frequently, for a word out of place are great land of Dante and Garibaldi. at once arrested and we do not know how it winds up. The I wanted these documents printed in the RECORD, and I other day at Pullucca., you remember Angelo Lombardi, that person of rough hands who worked in the electric shop, a Laz want to say now, Mr. President, that I am receiving letters zerini, who was the head of the Fascist! group at San Quirito, from all over the country, and quite a number of telegrams, everybody knows, but no one has the courage to talk about it, but commending my course in defending General Butler and fortunately I was present when the event occurred. my denunciation of Mussolini. I am also receiving quite a Last Sunday-I went over there to see about some cattle which I had to buy, aL.d about 2.30 we were having a glass of wine at number of very mean and threatening letters about the stand the Franci. All at once we heard a very big noise from an auto I have taken in the matter. mobile, and a cry in the street made us come out in the plaza. I shall not detain the Senate this morning, but I demand, The daughter of Santini from Stallone, a child of 6 years, was run over by an automobile running at high speed, which, in turn in the name of justice and fair play for General Butler, an ing a crossing on a certain curb, by a miracle it did not go to open hearing at the court-martial: Let the American peo pieces against the wall that was in front of this crossing, and in ple sit in on this hearing. Let us know now whether the the turning and going across the plaza it hit the child, who was time has come when this mad monarch of Italy is to have crossing the plaza-the plaza in San Quirito. You know on Sun days there are always people, and several of them recognized Mus th~ world kowtowing to him, America, the greatest of the solinl holding the steering wheel of the automobile, which con nations· on earth, bowing down apologizing tp him for some tained two other persons and did not stop. A little while after, criticism of an inhuman and brutal act of which he is another automob.H.e with the public agent came along and, seeing this gathering of crowd around this child, who was gravely guilty in murdering a little child. I do not want to have wounded, it stopped to see what had happened. Everybody was my country occupy such an attitude as that, and the Ameri decrying " Duce," but at the appearance of the police they were can people are growing very weary of it. very cautious. Only Pullucca and Lazzerini stupidly repeated that they had recognized the " Duce." The agent took the child and I had printed in the REcoRD the other day a story of an carried it to Grosseto. The child died the following day, but of attack made upon an American consul in Italy during a the two men there is nothing more known about them. It 1s Fascist parade. As he walked along the street, he was rumored that they were spirited away. I pray you not to tell struck over the head with an iron bar. The matter was this story to anyone, because the same event can befall on me. brought to the attention of the Government of Italy, but no coMMENT apology has yet been made. In our d111gence to verify this letter, we did it for scruples of conscience, but asking all of our friends of this particular locality, That is not all. Two years ago in this Chamber, at the and they have corroborated the story to the details and locality, instance of great Americans. of . Italian descent, Doctor and the description is accurate. The two persons spirited away Fama and others, I brought to the attention of the Senate are squadristi who made a specialty of cruelty in beating the and of the country the fact that Mussolini was seizing workers. Several persons had to submit to the castor-oil adminis- tration by these two (the names are given here below). This American citizens of Italian descent who visited Italy, visit- letter is at the disposition of the defense of Mr. Butler. It is well ing loved ones, or who had gone there to see some one sick, · preserved with us for all useful purposes. seized by· Mussolini's military authority and pressed into Mr. HEFLIN. Mr. President, that letter, I understand, service in Italy and made to serve two years in the army. appeared in the anti-Fascist Italian paper in New York City Think of that, citizens of the United States, who have sworn called" n Nuovo Mondo." It is stated there that the origi- allegiance to our fiag, going back to their mother country nal is in the hands of this paper or editor for use by General to visit loved ones, were seized by this monarch and pressed Butler. into service in the Italian Army. Did he apologize to the I submit to the Senate and to the country that when Gen- United States? Not a bit of it. eral Butler, making a speech to a group of his friends at a Not only that, he had a tax put upon bachelors, not only supper given in his honor in Philadelphia, talking about in Italy, but in the United States, if they were of Italian world conditions and the enemies of peace, commented upon descent, and ·if the bachelors in the United States did not this very brutal performance of Mussolini's, he had a right pay the tax-although American citizens--Mussolini made to express his ·views upon it. He was not talking for publica- his relatives in Italy pay it. I brought that to the attention tion. He is a very able, brave, and fine American. of the Senate and of the country, and quite a lot was said Mr. President, I know General Butler only slightly, except about it. The State Department finally took the matter up, from reputation; but I served in the House of Representa- and the Italian Government has now stopped seizing our tives with his father for many years. He was as brave a American citiZens and pressing them into the military serv man as ever drew the breath of life. He was an American ice, and they have stopped making American citizens pay through and through. He was not afraid of anything. He this tax. Our Government asserted itself in those matters. expressed his opinion openly, boldly, and fearlessly on every- I had a hand in it. Our Government was in its old-time thing that affected the welfare of his country; and his son, form when it protested against such outrageous treatment General Butler, is a chip off the old block. He comes nearer of this Nation and this Nation's sovereignty. typifying the old-time courageous American spirit than any- Now what are we doing? An American consul named ' body that I know of to-day; and when he commented upon Gowan, I believe it is, is beaten upon the streets. of an 1931 CONGRESSIONAL RECORD-SENATE 3921 Italian town by Mussolini's Fascists, and no apology has this commission has selected Mr. CRAMTON as a member of come for that. When they struck him, they struck our the commission at a salary of $10,000 a year. I have before Government, they insulted our flag. But they have not me the original joint resolution setting up the commission, apologized. and I notice that it is provided in the organic act that the Now, when a general who has bared his breast to the commissioners shall serve without pay. So that it seems to bullets of the enemy, who has been a brave soldier and me there would be no legal authority for the commission officer in many battles for his country, the only man living adding to its own membership unless it was authorized to twice honored with the congressional medal of honor for a do so by an act of Congress. high order of valor and heroism in battle, comments upon Mr. JONES. Mr. President, I have here the later act. Of the act of the most dangerous and deadly figure in the Old course, whoever is put in hereafter will not be a commis World, Mussolini, in striking down and killing a child, why sioner; but here is the act of February 21, 1930, section 3 our State Department hastens to make an apology to Mus of which reads: solini. The commission is authorized to employ, without regard to the Now the facts come to light, showing that Mussolini did civil service laws, and without regard to the classification act of that dastardly deed; that he is guilty; that he is a red 1923, as amended, to fix the compensation of a historian, an executive secretary, and such assistants as may · be needed for handed murderer of a little child, and then drove on, saying, stenographic, clerical, and expert service within the appropriations "What is the life of one person in the affairs of a state?" made by Congress from time to time for such purposes, which Mr. President, I am sorry that our State Department took appropriations are hereby authorized. the stand it did. I thought, and still think, that General I may say to the Senator that the chairman of the com .. Butler should have had an opportunity to establish the mission, I understand, is our colleague the c;enior Senator facts and lay them before the State Department, and it from Ohio [Mr. FEss], and he can much better state what was shown that he told the truth, let him say as a military the commission has done along the lines inquired of by the officer why he made the statement about Mussolini. The Senator from Nebraska than I can. first mistake was made in apologizing to Mussolini. The Mr. NORRIS. Mr. President, I refer my question, then, second mistake was made in ordering General Butler court to the Senator from Ohio [Mr. FEssJ. I would like to know, martialed. and I think the Senate would like to know, what action. if • INDEPENDENT OFFICES APPROPRIATIONS any, has been taken and what is contemplated along the line Mr. JONES. I ask that we proceed with the independent I suggested, which has been the subject of a great deal of offices appropriation bill. newspaper editorial comment throughout the country in the The Senate resumed tbe consideration of the bill (H. R. last few days. 16415) making appropriations for the Executive Office and Mr. FESS. Mr. President, I will be very glad to give such sundry independent executive bureaus, boards, commissions, information as I have. The George Washington Bicenten and offices for the fiscal year ending June 30, 1932, and for nial Commission was created something like siX years ago, other purposes. with an annual appropriation of $10,000, to proceed to create The PRESIDENT pro tempore. The question is on agree a Washington-minded spirit on the part of the public lead ing to the amendment proposed by the committee which ing up to a celebration of the two hundredth anniversary was passed over and which the clerk will state. of the birth of George Washington, which will be next year. The CHIEF CLERK. On page 24, line 22, after the word It was provided that authority should be given for the "acts," strike out "fiscal year 1931.'' so as to read: establishment of certain permanent memorials. One of For carrying out the provisions of the public resolution entitled those memorials, now in the process of completion, is the "Joint resolution authorizing an appropriation for the participa Mount Vernon Boulevard. The second, which is also far on tion of the United States in the preparation and completion of plans for the comprehensive observance of that greatest of all his the way, is the rebuilding and restoration of the birthplace toric events, the bicentennial of the birthday of George Wash of Washington down at Wakefield, where we have now 367 ington," approved December 2, 1924 (43 Stat. 671), and all other acres of land, about all the land that was in the possession activities authorized by the act entitled "An act to enable the of the immediate ancestry of Washington as the Washington George Washington Bicentennial Commission to carry out and give effect to certain approved plans," approved February 21, 1930 home. 'l)le third memorial was Washington's writings, ( 46 Stat. 71) , including personal services without reference to the about which I spoke yesterday. Those are the three per classification act of 1923, as amended, and civil-service regulations, manent memorials. traveling expenses, furniture and equipment, supplies, printing and binding, rent of buildings in the District of Columbia, and all Then it was provided that there should be celebrations of other expenditures authorized by the above acts, $338,195, to be proper character throughout the Nation, and to provide for available until expended, for each and every object of expenditure them a year ago the commission took certain action, which I connected with the celebration notwithstanding the provisions of any other act relating to the expenditure of public moneys, upon will outline. The head of the commission is the President of vouchers approved by the chairman of the executive committee, or the United States. I am the vice chairman of the com .. such person as may be designated by him to approve vouchers. mission, but the executive committee, of which I am chair.. Mr. NORRIS rose. man, is the executive body which recommends the actual Mr. JONES. Mr. President, I will say to the Senator work in the headquarters here looking toward the cele· from Nebraska that this is the first amendment which was bration. passed over, and the reference to the fiscal year 1931 was A year ago the commission authorized the e.xecutive com- put in by mistake. This appropriation is expressly made for _mittee to appoint directors of the celebration to get ready for the fiscal year ending June 30, 1932. The language as it 1932. That is entirely outside of the permanent memorials. appeared was a mistake. It was suggested that Col. U. S. Grant, 3d, would be the most Mr. NORRIS. Mr. President, I have no objection to that ideal man to take the position as director. It was recom amendment; but I wanted to ask the Senator from Wash mended that the colonel be tendered the position of director ington some questions in regard to this particular provision. and be given for the time being the rank of brigadier gen Mr. JONES. The Senator has no objection to this eral, so that he would be the third General Grant, and he amendment being agreed to? would be held responsible for the celebration. Mr. NORRIS. No. There was also very strong recommendation for the ap The PRESIDENT pro tempore. The question is on agree· pointment of a Member of the House, Mr. SoL BLooM. The ing to the amendment. result of conferences held was the appointment of two The amendment was agreed to. directors to be associated, one Colonel Grant, to take one Mr. NORRIS. Mr. President, I wish the Senator from particular field, such as the celebration here in Wash Washington would give us an explanation of just what the ington, of matters which might be agreed upon, and Mr. George Washington Bicentennial Commission is doing. I BLooM, to take charge of such matters as would be agreed have been reading in the papers, as I think everybody has, upon in the formulation of a great program, which will there having been a great deal of comment about it, that include the printing of what we call Washington's Series 3922 CONGRESSIONAL RECORD-SENATE FEBRUARY 4 in a group of 16 pamphlets. That is far on the way toward but we found that there might be a question of salary in completion. Second, to arrange for a map showing all of valved. He is a retired Army officer and he would not want. the movements of Washington. The National Geographic to forfeit his retired pay, and some members of the com Society is printing that map, at no expense to the Govern- mittee believed it would not do to have anyone receiving ment, and will distribute 1,300,000 copies of the number of a double salary, to which we all agreed. Colonel Grant was its own magazine in which the map is to be printed. In not paid anything by the commission. Mr. BLOOM is not addition, there is to be an atlas made, called the Washing- paid anything by the commission. He is giving his time. ton Atlas. There will also be selected a portrait of General Mr. CRAMTON's name was mentioned by Members of the Washington, to be distributed to such schools as desire it. House who are also members of the cammission. It was not In order to work out this plan, headquarters has been very generally discussed, but every one of the four Members organized under the direction of Mr. BLooM, Colonel Grant of the House who are on the commission spoke quite favor having resigned owing to too much work in the office he was ably of Mr. CRAMTON. The matter was not decided. The already holding. It is well officered. The Senator from Senate members of the commission did some talking about Nebraska and the Senate will be pleased to know something it, but reached no agreement. I suggested to the Senator of the activities. This morning we asked for a report, and from Virginia [Mr. GLASS] and other::; that before we decided it was before us at our meeting. There is a director of upon the employment of anyone we ought first to confer pageants, a director of plays, a director of publicity, an with the President about it, as he is the president of the administrative a-Ssistant, an assistant special writer, a re- commission. I confened with the President to know search assistant, and mapy others doing special work that whether there was any objection to the appointment of Gen- is under the direction of headquarters. eral Summerall. He thought it would be a good appoint- Mr. FLETCHER. Mr. President-- , ment. Later on when that plan failed I talked with him The PRESIDING OFFICER (Mr. COUZENS in the chair). about the appointment of Mr. CRAMTON and whether it would Does the Senator from Ohio yield to the Senator from meet with his approval or disapproval. He saw no particular Florida? reason for disapproval. Mr. FESS. I yield. It seemed in some way to have gotten out to the public Mr. FLETCHER. Are those all to be paid? Are they all that Mr. CRAMTON had been selected. Mr. CRAMTON never on salaries? was a candidate for the position. I called him over to the Mr. FESS. Yes. Senate one day after his House colleague had mentioned Mr. FLETCHER. Does the $338,000 cover all the salaries him to consul~ with him and to know whethe1· his situation to those people who are engaged by the commission? would permit him to accept if it were tendered. He said he Mr. FESS. Yes. could not at that time state. I must take upon myself the Mr. FLETCHER. The Senator referred to a service blame for all the contention that has arisen because, as I director. was going out from the Executive Office past the newspaper Mr. FESS. Yes. Colonel Grant found it necessary to men, they asked me what I had been talking about, and I tender his resignation. He did it last June. We asked him informed them that I had asked the President whether the to remain until we could find a successor. He remained appointment of Mr. CRAMTON would be displeasing to him. until about a month ago, when he insisted that his resigna- It is not his obligation; that is to say, the President does not tion should be accepted? make the appointment. That is the responsibility of our Mr. FLETCHER. Has anyone been selected to succeed committee, made up of four Senators, four Members of the him? House, and others of the commissioners who constitute the Mr. FESS. No. That is the question of the Senator from executive committee. The President stated that he saw no Nebraska. particular reason why it might not be done. I gave out Mr. KING. Mr. President, will the Senator yield? that statement, and naturally the newspaper men took it The PRESIDING OFFICER. Does the Senator from Ohio that the President would make the appointment or that it yield to the Senator from Utah? had been done. It is very unfair to Mr. CRAMTON, because Mr. FESS. I yield. he never made any application for the appointment and Mr. KING. I inquire through a desire for information. there has never been any decision upon it. I have heard, not from Mr. ·BLOOM but others that he has Mr. BARKLEY. Mr. President--- had very much of this work to do. The PRESIDING OFFICER. Does the Senator from Ohio Mr. FESS. Yes; he has done much of the work, and all of it since the resignation of Colonel Grant. yield to the Senator from Kentucky? Mr. KING. All of what might be called ancilliary work, Mr. FESS. I yield. and work which also belongs definitely to the commission; Mr. BARKLEY. I have no personal prejudice one way or that he has done it admirably with the machinery that has the other with reference to the selection of anybody to already been set up, and that the setting up of any additional occupy the position of associate director at a salary. I machinery would be a work of supererogation. I was won- know Mr. CRAMTON. He and I served in the House together dering if the work he has done has not been done satis- a long while and our relations were very pleasant. I have factorily, and that it is all that is necessary with the no prejudice whatever against him. I am wondering, how exception that the machine, of course, will have to be oiled ever, due to the fact that I am told that the work has been so it may continue to work. done so far without paying any director or associate direc- Mr. FESS. The Senator must realize that this commis- tor, that the organization has been perfected and that it is sion is made up of 4 Senators and 4 Members of the House probably as good an organization at this stage of the pro and 6 members appointed by the President. There has been ceedings as was ever perfected with any similar project, created an executive committee of that commission to avoid whether it is really necessary or whether it is good policy to calling all the commissioners together. The executive com- put anybody in a position of equal authority on a salary mittee is made up of the 4 Members of the Senate, the 4 when all those who have been occupying the positions thus Members of the House, Mr. Baruch, of New York, and 1 or far have done the work without compensation and are will- 2 other members from those appointed by the President. ing to continue in the same way. The executive committee meets frequently, about every I realize that Colonel Grant has resigned and I can under week; in fact, we have been meeting every week for some stand full well why nobody would want to pay a salary to a time. man who is serving more or less ex officio and who would When there arose the matter of :filling the vacancy which serve as director or in some other capacity; but in view of was created by the resignation of Colonel Grant, the name the fact that for several years it has been proceeding upon of Mr. CRAMTON was mentioned by Members of the House. that basis-- It had been suggested to me before that time that General Mr. FESS. Not for several years. Associate directors Summerall would be a very good man to fill the position, have been appointed only during the past year. 1931 CONGRESSIONAL RECORD-SENATE· 3923 Mr. BARKLEY. Whatever the time may be-would it not Mr. BARKLEY. Mr. President---:. be calculated to throw into it an equation which might create The PRESIDING OFFICER. Does the Senator from Ne friction if we undertake to put one of the associate directors braska yield to the Senator from Kentucky? · on a salary while the rest of them are serving without com Mr. NORRIS. I yield. pensation? That is the thing that appeals to me. As I Mr. BARKLEY. I recall two years ago, when it was an said, I have no interest in who may be selected if it should nounced prior to the 4th of March that a particularly promi ultimately be decided that some one should be selected. nent Member of the House of Representatives was to be Mr. FESS. I think the Senator will agree with me that come Secretary to the President. At the same time there the task has gotten to the place where some one must be was an amendment offered to an appropriation bill in there all the time; otherwise I would not feel like continuing creasing the salary of the Secretary to the President from on the commission and signing the vouchers that I have to $7,500 to $10,000. The Member involved objected to the sign as an executive officer of the commission, because it is increase in salary, because, even though it did not techni too big a responsibility and the comprehension of the par cally bar him from accepting the· position after the 4th of ticular thing in front of us is too important. We want March, nevertheless, morally he would feel obligated not to somebodY there constantly and all the time. AlreadY we accept it. have a man who is director of pageants who receives $10,000 Mr. NORRIS. Yes; and he, had a very high sense of a year. We speak about salaries. The salaries are alreadY honor, it seems to me, when he did that. If some one had attached to some of the positions. peculiar qualifications by virtue of long years of experience Mr. BARKLEY. Assuming that any Member of Congress, in a particular line of business I would not interpose any whether coming in or remaining in offiec, is selected for this objection. work, has the Senator given thought to the legality of an Mr. HEFLIN. Mr. President-- appointment of that sort? Mr. NORRIS. I will yield in just a moment. I realize Mr. FESS. I think I ought to state that I have abso that to make a rigid rule and enforce it might in some cases / lutely no interest in the appointment of the man who has do an injustice and might prevent the Government from been mentioned, although I am sure he could do a good having the services of very able and competent officials. job. I do not believe any Member of the Senate has. I yield now to the Senator from Alabaina. 1\fr. BARKLEY. I have no interest whatever. Mr. HEFLIN. Mr. CRAMTON has been in Congress quite a Mr. FESS. But my concern is that we must have some long time, has he not? one there all the time. I think it would be unwise not to Mr. NORRIS. Yes. have some one there all the time. Mr. ·HEFLIN. ·Mr. President, the question with me ·is Mr. BARKLEY. The Senator did not answer my ques whether or not this position is needed. I hope a gre2.t tion. Under the Constitution there is a provision against success will be made of the Washington Bicentennial Cele Members of Congress accepting compensation for positions bration. Mr. CRAMTON is a very competent man. I served created while they are in office or compensation which has with him in the House of Representatives. The question, been increased while they were in office. Would that apply however, is, Is this position needed in carrying on this to this position? work? If it is, the fact that Mr. CRAMTON is a Member of Mr. FESS. I had not thought about that. Congress and is ·going out would not affect me in my vote Mr. NORRIS. Mr. President-- in creating the position. The PRESIDING OFFICER. Does the Senator from Mr. NORRIS. Mr. President, if Mr. CRAMTON possessed Ohio yield to the Senator from Nebraska? peculiar qualifications for this particular position and it was Mr. NORRIS. I thought I had the floor. I yielded to difficult to get some one else to fill it, I would feel as does the Senator from Ohio to answer a question and make an the Senator from Alabama, but if Congress is going on explanation, but I am not particular about it. If some one creating offices and then filling them with its own Members else has the floor, I shall try later to get it. just as soon as they are defeated for reelection it will Mr. FESS. No; the Senator from Nebraska is entitled establish a precedent that will be injurious to the entire to the floor. Government, and eventually will get Congress into disrepute. Mr. NORRIS. I want to answer the q.uestion submitted I hope I may not be misunderstood. I have not a thing in by the Senator from Kentucky. I have the constitutional the world against Mr. CRAMTON. provision before me on my desk. Technically it does not Mr. FESS. Mr. President, will the Senator from Nebraska apply to this case, but it is only a technicality. In my yield to me? judgment Mr. CRAMTON could not be selected if he were to Mr. NORRIS. I will yield in just a moment. I am not take the office now. The commission will have to wait moved in what I say by any ill will against Mr. CRAMTON until the 4th of March. Let me read the provision: or any feeling ·against him. I have known him for a good No Senator or Representative shall, during the time for which many years, and I respect him greatly. I am not in he was elected, be appointed to any civil office under authority fluenced by the fact that it is Mr. CRAMTON who is to be of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; appointed to this position, but it is because it seems to me and no person holding any office under the United States shall this step ought not to be taken to continue a precedent of be a member of either House during his continuance in office. this kind which has sometimes been set. We have had to There might be a question raised as to whether this is blush sometimes in the past when the Presidents of the a civil office created under authority of the United States; United States have appointed men to office at the end of but if there is such a question, it is only technical. The fact the short session when it was known that during that session that a Member of Congress going out of office on the 4th of they were going to get such appointments; and frequently March should be appointed to an office created while he was on many votes everybody realized they were following the a Member of Congress would technically be no violation of lead of the President, often voting contrary to what we the Constitution, in my judgment, but morally it is just as knew to be their convictions. It is an evil, and many great a violation, it seems to me, as though he went into students of government have proposed that the constitu office one day before the 4th of March. He has to wait until tional inhibition be extended beyond the term of the Sena the 4th of March before he can take office, because every tor or the Representative. I presume that there would be body knows that Mr. CRAMTON was a Member of the House no difficulty, if it should be necessary to get a man to fill when this commission was created. While that objection this position, to select somebody who has not just been can not be made technically, nevertheless I think the evil of defeated for reelection by his home people. creating an office while a Senator or Member of the House is Mr. FESS. Mr. President, will the Senator from Nebraska in office and then selecting him just the next day after the yield to me? constitutional inhibition has expired in reality, while not a Mr. NORRIS. I yield. legal objection, is just as valid an objection as though he Mr. FESS. The embarrassment which he, the Senator, went in two days before that inhibition expired. suggests where some one who has just been defeated 1s 3924 CONGRESSIONAL .RECORD-. SENATE FEBRUARY- 4 selected for an office had ·occurred to me when Mr. CRAMToN's M.t NORRIS. Mr. President, I am thinking about offer name was suggested to the members of the commission. It ing an amendment· later on, when it shall be in order, that had never occurred to me up to that time, and I had some would limit this appropriation, but I do not want to do that trepidation of mind as to whether his appointment would be unless .the Senate feels that the appointment ought not to - appropriate. be made as suggested. Mr. NORRIS. Does not the Senator think it would estab APPOINTMENT OF EX-MEMBERS OF CONGRESS TO OFFICE lish rather a bad precedent? , Mr. fESS. I think it would subject both the person in- Mr. .DITL. Mr. President, I introduced in a previous Con volved and the authorities to more or less criticism. gress a bill which, if it had been enacted, would have pre - Mr. NORRIS. I .should think it would. vented such appointments as at this time we are discussing. , Mr. FESS. However, I did not want it to go out to the I want to introduce that bill again and I do so at this time, public that Mr. CRAMTON was a candidate for this office. and ask unanimous consent that it may be read. Mr. NORRIS. Oh, no. The PRESIDING OFFICER (Mr. CoUZENS in the chair). , Mr. FESS. That would be unfair to him. Without objection, the bill will be received and read. Mr. NORRIS. I do not want to do him any injustice. The bill Per· It will be recalled that on May 3, 1928, I submitted Senate 1 Article Where purchased Date Landed Retail oentage cost price of price Resolution 224. It recited that from 1921 to 1927 the retail 1 to cost sales of all chain stores increased from approximately 4 to .16 per cent of all retail sales; that there were estimated. Pie plate_------R. H . Macy & Co., May 25, 1922 $0.103. to. 29 I&I then to be nearly 4,000 chain-store systems with more than . New York. .100,000 stores; that many of these cha.lls- operated from 100' Glass lamp dome ______do ______May 26,1922 . • 458 L74 280 Glass lamp chimney _____ do __ ------_____ do_------• 0641 .23 258 to several thousand stores; that there had been numerous, , I 3926 CONGRE-SSIONAL RECORD-SENATE FEBRUARY~ consolidations of chain stores, particularly hi the last few· f Judiciary Committee of the Senate the purpose of which is years; that these chain stores then contrQlled, and dQ now to inquire whether or not the present antitrust laws should control, a substantial ·proportion of the distribution of cer-.. be modified, strengthened, or weakened. It is possible that tain commodities in certain cities, and that they were then that committee will be glad to receive suggestions later from beginning to extend this system- of merchandising into ·coun- persons who have any concrete suggestions to make upon try districts as well; that the continuance of the growth of the question involved, as to- whether we should modify or chain-store distribution and the consolidation of .such chain amend or strengthen the Sherman antitrust law. stores might result in the deyelopment of monopolistic Mr. BROOKHART. I think that is very desirable; and, organizations in certain lines of retail distribution; that . of course, this investigation of the Federal Trade Commis many of these concerns, though engaged in interstate com- sion ought to aid in the solution of the problem. merce in buying, may not be engaged in interstate commerce Mr. KING. If hearings are had, I shall be very glad to in selling; and, finally, that the extent to which such con- notify the Senator. solidations were then or should be made amenable to the ROOSEVELT STEAMSmP CO. jurisdiction of Federal antitrust laws is a matter of serious concern to the public. Mr. HEFLIN obtained the floor. My resolution, which was unanimously adopted by the Mr. FLETCHER. Mr. President, will the Senator yield Senate, directed the Federal Trade Commission to investi to me? gate the chain-store system of marketing and distribution The PRESIDING OFFICER. Does the Senator from Ala and to report to the Senate the extent to which such con bama yield to the Senator from Florida? solidations have been effected in violation of the antitrust Mr. HEFLIN. I do. laws, if at all; the extent to which consolidations or combi Mr. FLETCHER. I ask unanimous consent to present a nations of such organizations are susceptible to regulation resolution, and ask for its immediate consideration, because under the Federal Trade Commission act or the antitrust it is important to get this information. The resolution laws, if at all; and what legislation, if any, should be en simply asks for information from the Shipping Board. acted for the purpose of regulating and controlling chain- The PRESIDING OFFICER. The resolution will be read. store distribution. · The resolution sage in transit or passing over any telegraph or telephone wire, KENTUCKY line, or cable, or being sent from or received at any place within Apparently no provision. 1 the State; or to use information so obtained; or to conspire with LOUISIANA anyone to do any of the acts mentioned above. · Apparently no provision. Penalty, imprisonment in State prison not more. than five years, MAINE cr in county jail not more than one year, or fine not more than Apparently no provision. $5,000, or both. MARYLAND COLORADO Apparently no provision. (Session Laws 1929, ch. 84) MASSACHUSETTS Makes it unlawful for any person willfully to displace, remove, Apparently no provision. injure, or destroy any telegraph or telephone line, wire, cable, pole, MICHIGAN or conduit belonging to another, or to cut, break, tap, or make any (Compiled Laws 1915, sec. 15403) connection with any telegraph or telephone line, wire, cable, or S1milar to the Idaho law, except in the penalty. See digest 9f. instrument belonging to another, and willfully to take any message the Idaho law above. intended for another passing over any such line, wire, etc., or to Penalty, Michigan law, fine not more than $500 or imprisonment. prevent, obstruct, or delay the transmission or delivery of any in State prison not more than two years, or both. message by any such line, wire, etc.; or to use any apparatus or to conspire with any person to do any of these acts. Repeals con MINNESOTA flicting acts or parts of acts. Apparently no provision. Penalty, fine not less than $100 nor more than $1 ,000, or impris MISSISSIPPI onment in county jail not more than one year, or both. Apparently no provision. MISSOURI (Compiled Laws 1921, sec. 6969) Apparently no provision. Makes it unlawful willfully and fraudulently to read or attempt MONTANA to read by means of any instrument, or in any other manner, any message on its transit, or willfully and fraudulently or clandes (Laws 1929, ch. 66) tinely to learn or attempt to learn the contents of a message in a Similar to the Colorado law, 1929, chapter 84, except in the telegraph office, or being received thereat or sent therefrom, or to penalty. See digest of Colorado law above. use information so obtained. . Penalty, Montana law, fine not less than $300 nor more than, Penalty, fine not more than $1 ,000, or imprisonment not more $1,000 or imprisonment in county jail not more than one year, or than one year, or both. The offender is also liable to damages in both. a civil action. (Revised Codes 1921, Penal Code, sec. 11518) CONNECTICUT Similar to the Colorado law, Compiled Laws, 1921, section 6969 •. (General Statutes 1930, sec. 6148) except in the penalty. (See digest of Colorado law above.) Penalty, Montana law, imprisonment in State prison not more ~ Similar to the Alabama law. See digest of that law above. than five years or in county jail not more than one year or fine DELAWARE not more than $5,000, or both. Apparently no provision. NEBRASKA FLORIDA (Compiled Statutes 1922, sec. 7115) Apparently no provision. Makes it unlawful for any person willfully and without lawful I GEORGIA authority to cut, break, tap, or make connection with any tele Apparently no provision. graph or telephone line, wire, cable, or instrument, or to read or IDAHO copy in any unauthorized manner any message passing over it, or (Compiled Statutes 1919, sec. 8574) to prevent, obstruct, or delay by any means or contrivance the transmission or delivery of any authorized message by any tele Makes it unlawful willfully and maliciously to cut, break, tap, graph or telephone line, wire, or cable under control of a tele or make any connection with any telegraph or telephone wire, or graph or telephone company; or to conspire with any person to do to read or copy, by the use of telegraph or telephone instruments any of these things; or to occupy, use a line, or knowingly permit or otherwise, in any unauthorized manner, any message, either another to occupy, use a line, room, table, establishment, or social or business, sporting, commercial, or other news reports, apparatus to do any of these things or cause them to be done. from any telegraph or telephone line, wire, or cable, so unlawfully Penalty, fine not less than $25 nor more than $500, or imprison cut or tapped; or to make unauthorized use of the same, or will ment in the penitentiary not less than one year nor more than fully and maliciously to prevent, obstruct, or delay, by any means three years, or both. or contrivance whatsoever, the sending, conveyance, or delivery of any authorized communication, sporting, commercial, or other NEVADA news reports, by or through any telegraph or telephone line, cable, (Compiled Laws 1929, vol. 3, sees. 7650, 7680) or wire, under the control of a telegraph or telephone company; Similar to Colorado law, Compiled Laws 1921, section 6969. See or to conspire with any person to do any of these acts. digest of Colorado law above. Penalty, fine not less than $50 nor more than $500, or imprison Penalty, as in Colorado law. The Nevada law, however, does not ment in penitentiary not less than one year nor more than five specify that the offender is liable to damages in a civil action. years, or both. NEW HAMPSHIRE ILLINOIS Apparently no provision. (Smith-Hurd's Revised Statutes, 1929, ch. 134, sees. 15a, 16) Section 15a. Similar to Colorado law (1929, ch. 84), except in NEW JERSEY the penalty. See digest of the Colorado law above. (Laws 1930, ch. 215) Penalty, Illinois law, fine not less than $300 nor more than Similar to the Colorado law, 1929, chapter 84, except in the $1,000, or imprisonment in the county jail not more than one penalty. See digest of Colorado law above. year, or both. Penalty, New Jersey law, for misdemeanor, fine not exceeding Section 16. Makes it unlawful for any person wrongfully to tap $1,000, or imprisonment, with or without hard labor, as the court or connect a wire with the telegraph or telephone wires of any may direct, for not more than three years, or both. (Comp. Stats. person, company, or association engaged in the transmission of 1709-1910, vol. 2, sec. 218, p. 1812.) news or telegraph or telephone lines between the States or in the State to take or make use of news dispatches. NEW MEXICO Penalty, fine not more than $2,000, or imprisonment not more (Statutes 1929, sees. 142-101) than one year in the county jail 6r house Of correction, or both. Similar to the ·Colorado law, 1929, chapter 84, except tn the INDIANA penalty. See digest of Colorado law above. Penalty, New Mexico law, fine not less than $300 nor more than Apparently no provision. $1,000, or imprisonment in county jail not more than one year. IOWA or both. (Code 1927, sec. 13121) NEW YORK Mak£>s it unlawful for a person wrongfully to tap or connect a (Cahill's Condensed Laws 1930, ch. 41, sec. 1423 (6)) wire with the telephone or telegraph wires of any person, company, S1milar to the Nebraska law, except in the penalty. See digest or association engaged in the transmission of messages on tele of the Nebraska law above. phone or telegraph lines between the States or in the State. Penalty, New York law, imprisonment not more than two years. Penalty, fine not more than $500 or tnprisonment in county Jail not more than six months. NORTH CAROLINA KANSAS (Code 1927, sec. 4327) Makes it unlawful for any person to tap or make any con (Revised Statutes 1923, sec. 17-1908) nection with any wire or apparatus of a telephone or telegraph Makes it unlawful for a person willfully to cut, break, tap, or company, except such connection as may be authorized by the make connection with any telegraph, telephone line, or electric person or corporation operating such wire or apparatus. transmission line, wire, or cable. Penalty, fine not more than $10 or imprisonment not more than Penalty, fine not more than $500 or imprisonment 1n county 10 days for each on:ense. Each day's continuance of such unlaw Jail not more than one year, or both. ful connection shall be a .separate offense. 3930 CONGRESSIONAL RECORD-SENATE ~EBRUARY ~ NORTH DAKOTA VIRGINIA (Compiled Laws 1913, sec. 10231) . (Code 1930, sec. 4477) Makes it unlawful for any person wlllfully or fraudulently to Makes it unlawful maliciously to injure, molest, cut down, or make any connection with or to cut, break, or tap in any un destroy any telephone or telegraph line, wire, cable, or pole, or authorized manner any telegraph or telephone line, wire, or cab~e the material or property belonging thereto; or to cut, break, tap, under the control of any other person or company, or to read or or make any connection with any telephone or telegraph line, copy by the use of telegraph or telephone instruments or other wire, cable, or instrument of a telegraph or telephone company wise in an unauthorized manner any authorized message being which has legally acquired the right of way by purchase, con transmitted or delivered by telegraph or telephone under the con-: demnation, or otherwise; or to copy in an unauthorized manner trol of any other person; or to prevent, obstruct, or d~lay the any message, either social, business, or otherwise, passing over it; transmission or delivery of any such message; or to consprre with or to prevent, obstruct, or delay by any means or contrivance the any other person to do any of these things. sending or delivery of an authorized communication by a tele Penalty, imprisonment in the penitentiary not less than one graph or telephone line, wire, or cable under the control of a and not more than five years, or fine of not less than $200 and telephone or telegraph company; or to conspire with any unau not more than $500, or both. thorized person to do any of these things. omo Penalty, for misdemeanor, fine not more than $500 or confine (Tllrockmorton's Code, 1930, sec. 13402) ment in jail not more than 12 months, or both. (Code 1930, sec. Makes it unlawful for any person willfully and maliciously to 4782.) cut, break, tap, or make connection with a telegraph or telephone WASHINGTON wire; or to read or copy in an unauthorized manner ~ tele~aphic (Remington's Compiled Statutes, 1922, sec. 2656 (18)) message from or upon a telegraph or telephone lme, :wrre, or cable so unlawfully cut or tapped, or to make unauthoriZed use Makes it unlawful to intercept, read, or in any manner inter thereof; or to prevent, obstruct, or delay the sending or delivery rupt or delay the sending o! a message over any telegraph or of an authorized message by or through a line, cable, or wire telephone line. under the control of a telegraph or telephone company. Penalty, for misdemeanor, lmprisonment in county jail not more Penalty, fine not less than $50 nor more than $1,000, or im than 90 days or fine not more than $250. (Compiled Statutes, sec. prisonment not less than one year nor more than three years, or 2266. bOth. WEST VIRGINIA OKLAHOMA Apparently no provision. (Harlow's Supplement to Compiled Statutes, 1929, sec. 2229) WISCONSIN Makes it unlawful for any person maliciously or without legal (Statutes 1927, sec. 348.37) authority to remove, injure, or obstruct any line o! telephone or Makes it unlawful for any person, by any devise or means what telegraph, or any part thereof, or appurtenances or apparatus ever, to procure or attempt to procure from any person connected therewith connected, or to sever any wires thereof, or fraudu with the business of a telegraph company any knowledge of the lently or without legal authority to intercept any message in its contents of a telegraph message to which he is not entitled, or passage over such wires, or to connect to any telephone or tele without lawful authority to tamper or interfere with, use, or in graph line or wire any instrument or other apparatus capable o! any manner intentionally, carelessly, or negligently disturb or being used in intercepting messages. interrupt any telegraph wires or lines, or fell any tree so as to Penalty, fine not less than $50 nor more than $500, or imprison break, destroy, or injure any such wires without first giving ment 1n county jail not more than one year, or both. notice of intention, or, without the consent of the company, to OREGON send any message over the lines, or to intercept, interrupt, or dis (Code 1930, sees. 14-945) turb any dispatch passing upon the lines, or to interfere with, obstruct, prevent, or delay, by any means or contrivance, the Similar to Colorado law, Compiled Laws 1921, section 6969. See transmission or receiving of any wireless telegraph message by any digest of Colorado law above. wireless telegraph company, or to conspire with any person unlaw Penalty, as in Colorado law. The Oregon law, however, does not fully to interfere with, obstruct, prevent, or delay the transmission specify that the offender is liable to damages in a civil action. or receiving of any such wireless telegraph message. , PENNSYLVANIA Penalty, imprisonment in county jail nor more than one year or Apparently no provision. fine not more than $1,000. RHODE ISLAND WYOMING Apparently no provision. (Compiled Statutes 1920, sec. 7148) SOUTH CAROLINA Similar to Idaho law. See digest o! the Idaho act above. The Wyoming law adds a provision making equally culpable an em Apparently no provision. ployee of a telegraph or telephone company who willfully and SOUTH DAKOTA maliciously communicates to any unauthorized person any mes (Compiled Laws 1929, sec. 4312) sage received in line of his employment. The Wyoming law differs Similar to the Ohio law, except in the penalty. See digest o! !rom the Idaho act in the penalty. the Ohio law above. Penalty, Wyoming law, fine not le.ss than $50 nor more than Penalty, South Dakota law, !or misdemeanor-imprisonment in $500 or imprisonment in the penitentiary not more than five years, ; county jail not more than one year, or fine not more than $500, or or both. both. (Compiled Laws 1929, sec. 3581.} GOVERNORS ISLAND, MASS. TENNESSEE Mr. REED. Mr. President, from the Committee on Mili (Thompson's, Shannon's Code, 1918, sees 1839, 1840) tary Affairs I report back favorably without amendment the SEc. 1839. Makes it a misdemeanor for a person, without author bill to authorize the Secretary of War to lease Ity to intercept a message transmitted by telegraph or telephone, (H. R. 14043) or 'wlllfully to destroy or injure any telegraph pole, wire, cable, or Governors Island, Mass., to the city of Boston, Mass., and fixture. · for other purposes, and I submit a report Mr. TYDINGS. I did not know that the Farm Loan from i~intoxicating liquors sold with the approval of the Board had also made a loan to the pepsin people; but I United States Government and financed by the Treasury of imagine now, from the remarks of the Senator from Mas the United States. No one will challenge that statement. sachusetts, that that great industry needed help, too, and No one will deny that statement. we have probably let them have five or ten million dollars. I am not saying that under the Volstead Act it is not a Can you imagine anything so ridiculous for 96 intelligent legal sale. I am saying that under the eighteenth amend men, or men assumed to be intelligent, as that they shall ment it is an illegal sale if the amendment itself were re rise on this floor on all occasions and say, " We can not do flected in the enabling act, -because it represents the manu thus and so because it is unconstitutional"; to take money facture of alcoholic beverages. That is forbidden rmder the out of the Treasury for relief, for example, is unconstitu eighteenth amendment, and there is no exception to it. tional; to do this or to do that or to do the other is uncon Mr. KING. Mr. President, will the Senator yield? stitutional; and yet there is not one Member of this body.....:.. Mr. TYDINGS. Yes; I yield. wet, dry, or moderate-who will rise on the floor of the Mr. KING. I think the Senator is not doing his duty to _ Senate and assert that the manufacture of this wine is not his colleagues if he does not challenge the appropriation of in direct opposition to the eighteenth amendment-not one. $100,000,000 contained in this bill to be used by the Farm Mr. SHORTRIDGE. Mr. President-- Loan Board. As the Senator said, they have already used The PRESIDENT pro tempore. Does the Senator from $20,000,000 to aid in the propagation of the vine, and indi Maryland yield to the Senator from California? rectly the manufacture of this liquid of which the Senator Mr. TYDINGS. I yield. speaks. We have a conspiracy statute which makes it an Mr. SHORTRIDGE. The fact that I have remained offense if anyone conspires to commit a misdemeanor. Men seated, listening to the thoughtful address of the distin have been arrested and fined for conspiracy because they guished Senator from Maryland, is not to be construed as sold some bottles, or what not, to be used in the manufac agreeing with his remarks, or as agreeing with the conclu ture of malt. It was said that they were conspiring to sions he has reached. violate the eighteenth amendment. If we vote for $100,- I have risen merely to acknowledge the pleasure and the 000,000 for the Farm Loan Board, a part of which is to be benefit I am receiving from the very learned remarks of used for the manufacture of wine, I ask the Senator if we the very amiable Senator. I should thank the Senator, are not guilty of conspiracy. however, for his remarks touching a product which may have Mr. TYDINGS. Why, we are accessories before the fact, its origin in the State where the sun reluctantly sets. may I say; and I intend to vote against the $100,000,000 Mr. TYDINGS. Where the sun reluctantly sets, but fund for the Farm Board. where the grapes enthusiastically rise and give forth that Mr. SHORTRIDGE. Mr. President, will the Senator bubbling liquid. yield? May I say to my good and genial friend from California Mr. TYDINGS. I yield to the Senator. that, as he well knows, I am not attacking his State. On Mr. SHORTRIDGE. To be serious, I have not had the that subject I observe that he rose not to deny my asser benefit of listening to the Senator's discussion of this mat tion, but to withhold his judgment thereon, because the ter except for a few moments. Do I understand the Senator eighteenth amendment says it is illegal to manufacture to take the position, as a matter of constitutional interpre- to manufacture, to make, to cause to be made, to manufac tation, that the manufacture of any quantity of intoxicating ture-what? liquor would be violative of the eighteenth amendment? Intoxicating liquors • • • for beverage purposes. Mr. TYDINGS. No; if it were for beverage purposes If there is any man who is a national prohibitionist who alone it would be a violation of the eig}\teenth amendment. feels that this " Vine-Glo " is not intoxicating and would like Mr. SHORTRIDGE. Any quantity? material proof, I shall be very glad to conduct him to a Mr. TYDINGS. The manufacture of any quantity at all place where he can see for himself whether or not my state would be a violation of the eighteenth amendment, assum ments are correct. If there is ·anybody who asserts that ing that it was manufactured, transported, and sold for this wine is not intoxicating after the 60-day period, let beverage purposes. Does the Senator refute my position? him stand upon the floor of the Senate and deny it. Is Mr. SHORTRIDGE. I am merely asking the Senator a there one who will say it? There is not a man in the question. Senate, even from the sunset State of California, which we Mr. TYDINGS. Then we are in agreement so far. all love and admire and revere, who dare rise and say that Mr. SHORTRIDGE. No; we are not in agreement as to after· 60 days this wine will not do much to lessen the many matters. burdens of life, to speak of it gently. I ask the Senator, under the eighteenth amendment, is it Mr. SHORTRIDGE. Mr. President-- or is it not discretionary with the Congress to determine The PRESIDENT pro tempore. Does the Senator from what is or is not an intoxicating beverage? Maryland yield to the Senator from California? Mr. TYDINGS. I would rather answer that question by Mr. TYDINGS. Yes; I yield to the Senator. reading six lines from the Constitution of the United States. Mr. SHORTRIDGE. In connection with the Senator's Mr. SHORTRIDGE. Very well. thoughts, if it would not divert him from the logical de Mr. TYDINGS. It reads: velopment of his argument, he might quote a few quatrains After one year from the ratification of this article the manu· facture, sale, or transportation of intoxicating liquors within from Omar Khayyam. • • • for beverage purposes 1s hereby prohibited. Mr. TYDINGS. Omar Khayyam wrote so many delightful quatrains that it would be hard to tell which one was fitting I omit certain parts not necessary to my point. for the present subject matter, because it seems to me that Mr. SHORTRIDGE. Certainly. Does the Constitution his inspiration was more in the grape than in any other determine what is an intoxicating beverage? thing. I do not know whether or not the Senator is re Mr. TYDINGS. No. ferring to the lines- Mr. SHORTRIDGE. Therefore my question was not to get into any acrimonious controversy-- A book of verses underneath the bough, A jug of wine, a loaf of bread-and thou Mr. TYDINGS. If I may interrupt the Senator, under Beside me singing in the wildemess stand, I have not contended that the manufacture of these Oh, wilderness were paradise enow I wines is not legal under the Volstead Act. [Laughter.] Mr. SHORTRIDGE. I am going back to the Constitution Well, we have finally gotten to the point where, on the itself. I put the question in this form: Is there anything in one hand, we have the Constitution, and, on the other hand, the eighteenth amendment which says what is or is not an we have sanctioned violation of the law financed by money intoxicating beverage? . from the Treasury of the United States. There is no escape Mr. TYDINGS. No; the Senator is correct there. ~931 .CONGRESSIONAL RECORD-_ SENATE 3935 Mr. SHORTRIDGE. Then, is it not within the discretion per cent beer on the one hand and permitting 20 per cent ary power of the Congress to define what is an intoxicating wine on the other. · beverage? Mr. SMOOT. I a.m a consistent prohibitionist, not by Mr. TYDINGS. Assuming that the definition is a reason- profession but by action, and· I have been all my life. If able one- the statement that is made now, and which seems to be Mr. SHORTRIDGE. Precisely. accurate, is the fact, it does seem to me there is an incon Mr. TYDINGS. I would say to the Senator, yes; but if sistency which ought to be corrected in some way or other. the Congress should say that a liquid which contained 100 Mr. TYDINGS. That is true. If it is right for Cali per cent alcohol by volume was not intoxicating, I would fornians or for'Marylanders to take these concentrates and most certainly say no. make them into 20 per cent wine, it is just as right to make Mr. SHORTRIDGE. The Senator would say, as a lawyer, 20 per cent whisky, or 20 per cent beer, or 20 per cent gin, interpreting the statute, that it was void because of its un or 20 per cent ale, or any other 20 per cent alcobolic reasonableness? beverage. Mr. TYDINGS. Yes; I would say that it was ultra vires. Yet, for 11 years the fruit-juice p~ople have been allowed Mr. SHORTRIDGE. So, to make an end of my inquiry, I a special privilege. They have been allowed to make in think I understand the eighteenth amendment, and I have toxicating liquor in violation of the express words contained been under the impression that the only discretionary power in the eighteenth amendment, and I hope my good friend Congress has is to define what is or is not an intoxicating from Texas and my good friend from Nebraska and my beverage. good friend from Iowa, before the consideration of the Dis Mr. TYDINGS. Of course I think 21 per cent is a very de trict prohibition bill is completed, will put upon that bill lightful definition of what is intoxicating. I would not say an amendment which will stop this damnable practice it was illegal, I would not say it was legal. I prefer to work which is causing men to beat up their wives, to squander 1n a bit of. philosophy with my legal opinion, and say that their wages, to become drunken sots, in order that right it is a very delightful definition of what is intoxicating. eousness and temperance and sobriety and morality may Mr. SHORTRIDGE. One more question, if the Senator again stand erect where now stalk through the land these will permit. If Congress should fix, say, 4 per cent, or 5 per outrageous things. cent, or 6 per cent, or 10 per cent, or 20 per cent, is it the In order that there may be no contradiction, that it may opinion of the Senator that the Supreme Court would nullify be clear that all of this is done in direct opposition to the that law on the ground that Congress had exceeded its eighteenth amendment, I now again ask, Does any man power-in effect, violated the eighteenth amendment? on the fioor of the Senate challenge the statement that the Mr. TYDINGS. The question which the Senator from manufacture of this 20 per cent wine in one's cellar is not California propounds, as he well knows, has been a subject in direct opposition to the eighteenth amendment? of great legal discussion all over the country, so that at Mr. SMOOT. Mr. President, some question has arisen this stage of the proceedings one opinion would be just as here in discussion with one of my colleagues, and I want good as another. But may I say to the Senator, in general, to ask my question again, so there will be no mistake about that my humble legal opinion on that weighty matter is the matter. As I understand the position of the Senator, that Congress would have the right to specify what was and it is that the wine which is manufactured in California, be what was not intoxicating; assuming that it acted within fore it is ever put into the bottle, contains 20 per cent the reasonable scope of its constitutional authority; and if alcohol? it exceeded its constitutional authority, namely, by declaring Mr. TYDINGS. No; that is not so. I am not altogether that something was legal which was patently greatly intoxi sure; but the best of my knowledge is that that is not so, cating, the act would be stricken down by the Supreme but what really happens is that at the time these concen Court of the United States. trates, or whatever they are called, are sold, of course they Mr. SMOOT. Mr. President, will the Senator yield? are only potentially alcohol, they are not actually alcohol, Mr. TYDINGS. I yield to the Senator. but at the time the concentrates are transported to one's Mr. SMOOT. For my own information I desire to ask a cellar and put into a keg there is no alcohol in them, at question. Does the wine of which the Senator speaks and least in liquid form. There water is added, and old nature, which the company advertises contain 20 per cent of alcohol whom none of us can defeat, steps up to the bat and knocks before it is bottled? a home run by turning out a very good 20 per cent alcoholic Mr. TYDINGS. Yes. beverage in 60 days. Mr. SMOOT. In other words, that wine contains 20 per Mr. SMOOT. I misunderstood what the Senator said cent alcohol before the manufacturer puts it in the bottle? before, and I wanted the matter cleared up. The statement Mr. TYDINGS. Yes. Let me say to the Senator that now made by the Senator clears the question, and I under from what little I know-and I believe this is accurate on stand it. the subject he mentions, about wine making-fermentation Mr. TYDINGS. What is the difference between making takes place up until the wine is bottled, and from that point alcoholic beverages in your home for consumption and buy on the wine does not grow in alcoholic content; so that all ing alcoholic beverages at the drug store for consumption, of the alcohol accumulation takes place before the liquid assuming that both are easily obtainable, and assuming that i$ tran~ferred from the barrel or keg to the bottle, and the same man wants both? The effect is the same. therefore it is handled by hired manufacturers who are in Mr. SMOOT. I am not going to discuss that. I wanted the home to make wine 1n one's cellar; and it is all legal to get in my mind the position taken by the Senator, be within the Volstead Act .. cause in the statement he first made I understood him to Mr. SMOOT. If that be the case, I can not see any con say that the wine which was put into the keg or into the sistency whatever in imposing a fine upon a man who has bottle contained 20 per cent alcohol, that beer which was 4 per cent beer in his possession and at the same time put into the same kind of a bottle was sold in violation of allowing a man who has wine with 20 per cent alcohol in the law if it contained 4 per cent, but that it was not a vio his possession to go scot-free. lation of the law if the wine contained 20 per cent. Mr. TYDINGS. That is true. I thank the Senator for Mr. WALSH of Massachusetts. The Senator withdraws that. his previous comment? Mr. SMOOT. Is that really the case? Mr. SMOOT. Oh, yes; I have to, under the statement Mr. TYDINGS. I thank the Senator for that, because now made by the Senator. that is an inescapable, logical, honest conclusion, and I am Mr. TYDINGS. Mr. President, this discussion has estab rising here, not to throw aspersion on this concern, because lished several incontrovertible and uncontroverted facts. they are acting within the limits of the Volstead Act, but First of all, that 20 per cent wine can be legally manufac to show our own congressional hypocrisy in forbidding 4 tured in any home in the country. Nobody denies that. , LXXIV-249 3936 .CONGRESSIONAL RECORD-SENATE ~EBRUARY 4· Anybody in the United States can make 20 per cent wine, the eighteenth amendment provides that the manufacture 20 per cent by alcoholic volume, and nobody denies that, and of intoxicating liquors for beverage purposes is hereby pro- · it is perfectly legal. · hibited and that the manufacture in one's cellar for bever Another fact brought out in the discussion is that to age purposes of alcoholic liquors is in contravention of the make 4 per cent beer is illegal, because, as we all know, one eighteenth amendment. gets intoxicated by drinking a bottle of 4 per cent beer, but Mr. REED. Mr. President, will the Senator permit an he can drink a bottle of 20 per cent wine without anything other question? of that sort happening! Mr. TYDINGS. Certainly. Further than that, another fact brought out which is un Mr. REED. I am neither taking issue with the Senator controverted is that the manufacture of 20 per cent wine is nor agreeing with him, but I think we ought to have the in violation of the eighteenth amendment. No one at all matter straight. Is it not a fact that the manufacture of disputes that. We know such wine is being manufactured. intoxicating wine in one's cellar in the manner outlined by Wine is being manufactured in violation of the eighteenth the circular referred to is in violation of the Volstead Act amendment, and no one challenges the veracity or the accu if it, in fact, is intoxicating wine? racy of that statement. Mr. TYDINGS. No; because in several of our courts, Further than that, we know that the Federal Government though I may say they have not acted in uniformity, this has appropriated $25,000,000, I think it is, to the producers situation exists. It has been held by the United States Dis ,of these grape concentrates, so that these concentrates may trict Court of Maryland, for example, in the case of United be disseminated throughout our population, and they are States against Hill, which received widespread attention, that turned into 20 per cent wine in violation of our Consti the fact that the business of manufacture ceases as far as the tution. manufacture is concerned at the time the ingredients are Those are the things which have come out in this dis deposited in the keg, and that nature then does the work for cussion, and, so far as I .have heard, they are unchallenged. the next 60 days, would have nothing to do with it. It Yet we have pending before this body an amendment offered simply happens without any act of the individual while in by the Senator from Connecticut which would forbid a doc his possession. It is not like running the whole thing tor prescribing 4 per cent beer or ale for a patient where he through a given process as in the distillation of whisky, thought that would be beneficial, and there is no chance when a person is a part of the process from the start to the in the world of that amendment being adopted. But the finished product; but in the case of the manufacture of wine, same patient can call up the Fruit Industries REPORT OF NOMINATIONS - The Chief Clerk announced- the nomination of Georga Mr. BLAINE, from the Committee ori the Judiciary, re E. Q. Johnson to be United States attorney, northern district ported favorably the nomination of Stanley M. Ryan, of of Illinois. Wisconsin, to be United States attorney, western district of The PRESIDENT pro tempore. Without objection, the Wisconsin, which was placed on the Executive Calendar. . nomination is confirmed. Mr. PHIPPS, from the Committee on Post Offices and The Chief Clerk announced the nomination of Thomas J. Post Roads, reported favorably the nominations of sundry Sparks to be United States attorney, western district of postmasters, which were placed on the Executive Calendar. Kentucky. The PRESIDENT pro tempore. If there are no further The PRESIDENT pro tempore. Without objection, the reports of committees the calendar is in order. The clerk nomination will be confirmed. will state the first business on the calendar. PUBLIC HEALTH SERVICE TREASURY DEPARTMENT The Chief Clerk proceeded to read sundry nominations in The Chief Clerk announced the nomination of David the Public Health Service. Burnet, of Ohio, to be Commissioner of Internal Revenue. Mr. REED. I ask unanimous consent that the nomina- · The PRESIDENT pro tempore. Without objection, the tions mthe Public Health Service may be confirmed en bloc. nomination is confirmed. The PRESIDENT pro tempore. Without objection, the Mr. NORRIS subsequently said: Mr. President, my atten nominations are confirmed en bloc. · tion was diverted for a moment. I had an understanding POSTMASTERS with the Senator from Michigan [Mr. CouzENS] that the The Chief Clerk proceeded to announce the nominations action of the Senate on the nomination of David Burnet, of sundry postmasters. of Ohio, should go over. Mr. PHIPPS. I ask that the nominations of postmasters The PRESIDENT pro tempore. Without objection, the may be confirmed en bloc. nomination will be returned to the calendar. The PRESIDENT pro tempore. Without objection, the CUSTOMS SE.RVICE nominations are confirmed en bloc. The Chief Clerk announced the nomination of Joseph C. NOMINATIONS IN THE ARMY Swann to be collector of customs, collection district No. 19, The Chief Clerk announced the nomination of John Mobile, Ala. Sylvester Thompson to be brigadier general, reserve. The PRESIDENT pro tempore. Without objection, the The PRESIDENT pro tempore. Without objection, the nomination is confirmed. nomination will be confirmed. The Chief Clerk announced the nomination of George M. The Chief Clerk announced the nomination of "Benedict Foland to be collector of customs, district No. 40, Indianapo Crowell to be brigadier general, Ordnance Department re lis, Ind. serve. The PRESIDENT pro tempore. Without objection, the The PRESIDENT pro tempore. Without objection, the nomination is confirmed. nomination will be confirmed. The Chief Clerk announced the nomination of Frank M. The Chief Clerk announced the nomination of Richard Hume to be collector of customs, district No. 1, Port -Coke Marshall, jr., to be brigadier general, reserve. land, Me. The PRESIDENT pro tempore. Without objection, the The PRESIDENT pro tempore. Without objection, the nomination is confirmed. nomination is confirmed. NAVY AND MARINE CORPS NOMINATIONS The Chief Clerk announced the nomination of Edward E. The Chief Clerk proceeded to read sundry nominations in Smith to be collector of customs, district No. 35, Minneapolis, the Navy and Marine Corps. Minn. Mr. HALE. I ask that the Navy and Marine Corps nomi The PRESIDENT pro tempore. Without objection, the nations may be confirmed en bloc. nomination is confirmed. The PRESIDENT pro tempore. Without objection, the The Chief Clerk announced the nomination of Arthur C. nominations in the Navy and Marine Corps are confirmed Lavergne to be surveyor of customs, district No. 20, New en bloc. Orleans, La. FEDERAL POWER COMMISSION The PRESIDENT pro tempore. Without objection, the nomination is confirmed. The Chief Clerk read as follows: The Chief Clerk announced the nomination of Warren George Otis Smith, of Maine, to be member for the term expiring Kearny to be collector of customs, district No. 20, New June 19, 1935. Orleans, La. The PRESIDENT pro tempore. The question is, Shall the The PRESIDENT pro tempore. Without objection, the Senate advise and consent to this nomination? nomination is confirmed. Mr. WALSH of Montana. Mr. President, as soon as ac The Chief Clerk announced the nomination of Charles c. tion is taken upon the Power Commissioners, if any of them Cantrell to be comptroller of customs, district No. 20, New shall be rejected, I shall offer the resolution which I pro Orleans, La. posed some days ago, with an amendment, the purpose of The PRESIDENT pro tempore. Without oQjection, the which is to bring this matter before the court for determina nomination is confirmed. tion. So the consideration of these nominations to-day presents simply this aspect: It constitutes one stage of the DIPLOMATIC AND FOREIGN SERVICE proceedings looking to an adjudication by the court of the The Chief Clerk proceeded to announced sundry nomi controversy which has arisen. nations in the Diplomatic and Foreign Service. Mr. WALSH of Massachusetts. May I ask the Senator Mr. BORAH. I ask that the nominations in the Diplo from Montana a question? • matic and Foreign Service may be confirmed en bloc. Mr. WALSH of Montana. I yield. 1 The PRESIDENT pro tempore. Without objection, the Mr. WALSH of Massachusetts. Is there any reason why nominations are confirmed en bloc. the resolution offered by the Senator seeking to take legal steps to determine the legality of these officials holding office THE JUDICIARY could not be considered without further action on their con The Chief Clerk announced the nomination of Thomas M. firmation? Kennerly to be United States diStrict judge, southern dis Mr. WALSH of Montana. It was my opinion, and I still trict of Texas. adhere to it, that the situati<>n from a strictly legal stand The PRESIDENT pro tempore. Without objection, the point is not in any essential respect different. However, nomination is confirmed. other Senators take the position that, whether that is correc~ .1931 - CONGRESSIONAL RECORD-- SENATE 3939 or not, the views of the Senate ought to be expressed regu Fess Kean Patterson Townsend Glenn Kendrick Phipps Vandenberg larly, either for or against these nominees, and,. accordingly, Goldsborough McNary Ransdell Walcott I have proceeded in this manner, and hope that the action Gould Metcalf Reed Watson Hale Morrow Shortridge will be taken to-day. Hebert Moses Steiwer Mr. WALSH of Massachusetts. Is the Senator of the Jones Oddle Thomas, Idaho opinion that the legal question would be more properly pre NAYB---40 sented to the court if action were taken by the Senate reject Ashurst Dill Johnson Shipstead ing the confirmation of these nominees? Barkley Fletcher La Follette Smith Black Frazier McGill Thomas, Okla. Mr. WALSH of Montana. I have acceded to that view. Blaine George McKellar Trammell The PRESIDENT pro tempore. The question is, Shall the Borah Glass Morrison Tydings Bratton Harris Norris Wagner Senate advise and consent to the nomination of George Otis Brookhart Hatfield Pine Walsh, Mass. Smith as a member of the Federal Power Commission? Bulkley Hawes Pittman Walsh, Mont. Mr. WALSH of Montana, Mr. LA FOLLETTE, and Mr. Caraway Heflin Robinson, Ark. Wheeler NORRIS asked for the ye-as and nays, and they were ordered. Connally Howell Sheppard Williamson The Chief Clerk proceeded to call the roll. NOT VOTING-23 Brock Harrison Norbeck Smoot Mr. COPELAND Reed . -· Steiwer, - "Trammell r- ·- Walcott · · ·•· · · '· ' - NAY8-36 Shortridge Thomas, Idaho· Tydings. Watson Smoot Townsend Vandenberg Ashurst Cutting · Johnson Sheppard Barkley Dill NAYS-35 King . Shipstead Black Fletcher La Follette Smith Ashurst Connally Johnson Shipstead Blaine Frazier McGlll Thomas, Okla. Barkley Cutting La Follette · Smith Borah George McKellar Trammell Black Dill McGill Thomas, Okla. Bratton Glass . Morrison Walsh, Mass. Blaine Frazier McKellar Wagner Bulkley Harris Norris Walsh, Mont. Borah George Morrison Walsh, Mass. - Caraway Heftin Pine Wheeler Bratton Glass Norris Walsh, Mont. Connally Howell Robinson, Ark. Williamson Brookhart Harris Pine Wheeler Bulkley Heftin Robinson, Ark. Williamson NOT VOTING-21 Caraway Howell Sheppard Blease Harrison Nye Stephens NOT VOTING-22 Brock Hastings Partridge Swanson Copeland Hayden Robinson, Ind. Waterman Blease Harrison Norbeck Steck Dale Keyes Schall Brock Hastings Nye Stephens Glllett McMaster Simmons Copeland Hayden Patridge Swanson Goff Norbeck Steck· Dale · Keyes Robinson, Ind. Waterman Gillett King Schall The VICE PRESIDENT. On this question the yeas are Gotf McMaster Simmons 39, the nays are 36; so the Senate advises and consents to The VICE PRESIDENT. On this question the yeas are the nomination. 39, the nays are 35; and the Senate advises and consents That completes the calendar. to the nomination. The Chief Clerk read tr:he nomination of Claude L. Draper, GEORGE OTIS SMITH of Wyoming, to be a member of the Federal Power Commis Mr. WALSH of Montana. Mr. President, I now offer the sion for the term expiring June 22, 1931. following resolution as an amendment in the nature of a The VICE PRESIDENT. The question is, Will the Senate substitute for a resolution heretofore offered on the same advise and consent to the nomination? subject. Mr. BRATTON and others called for the yeas and nays, Mr. SHORTRIDGE. Mr. President, I reserve the right to and they were ordered. object when the amended resolution is laid before the ' The VICE PRESIDENT. The clerk will call the roll. Senate. The Chief Clerk proceeded to call the roll. The VICE PRESIDENT. The clerk will report the reso Mr. COPELAND 3944 CONGRESSIONAL RECORD-SENATE ;FEBRUARY 4 the learning of the Senate to pause and not do another States taking one view of the case and the Senate of the futile act which, if I am right in my views, would adversely United States taking another view of the case, it is emi reflect upon the learning of this great body. I have said nently advisable, upon every consideration, that the courts again and again that I have not conferred with the district should adjudicate the case and determine what is right, so attorney; that he may comply with our request, if we re that we may proceed in accordance with the Constitution quest him, and institute quo warranto proceedings. I have and the laws with respect to these matters. I do not see also said that, without any disrespect to the Senate, he how anybody can escape the conclusion that that is the could decline to institute such proceedings, saying, if he wise thing to do. chose to do so, that he thought such proceedings would be There is no difficulty at all about the procedure. If the utterly idle, resulting in a decision confirming the title district attorney should refuse and the Attorney General ' rather than holding it to be defective. should refuse, the procedure will then go on, on the rela Therefore I am suggesting that we do not make the tion of the United States an interested party. request. Mr. SHORTRIDGE. Mr. President, the Senator states · Mr. FESS. Mr. President, will the Senator yield? something which arouses my attention. Is it claimed und~r Mr. SHORTRIDGE. I yield. the code that the Senate, as such, can institute quo war Mr. FESS. It is in the best of faith that I am raising ranto proceedings in the District? the question as to what objection there should be to this Mr. WALSH of Montana. What is the question? action, where a point is in dispute, which might again be Mr. SHORTRIDGE. Does the Senator claim that the brought in question. I personally have no doubt as to the Senate as such, as a body, can institute quo warranto pro rights in the ease-l agree with the Senator-but I won ceedings? dered why we shoul~ not allow this proceeding to take place Mr. WALSH of Montana:. I have no doubt in the world and have a final decision on the question. I am simply that the Senate can, being an interested party in this con asking as to procedure. troversy. Mr. SHORTRIDGE. Mr. President, I have said again Mr. SHORTRIDGE. May I ask the Senator whether he and again that I have absolute confidence in what the has read this decision? result of such proceeding would be. Mr. WALSH of Montana. Oh, yes. I called the attention Mr. FESS. There might be some objection to the part of of the Senate to that decision some days ago, so that the the resolution authorizing the appropriation of so much Senator has had an opportunity to study it since. money to employ an attorney. Mr. SHORTRIDGE. Does the Senator say that the Sen Mr. SHORTRIDGE. I do not wish to be misunderstood ate of the United States has a claim to that office? by anybody here or elsewhere. My views upon the whole Mr. WALSH of Montana. No; I do not say so. subject have been expressed. I said at the very beginning. Mr. SHORTRIDGE. Does the Senator claim that the that I thought the Senate would be indulging in a futile Senate is an interested party within the meaning of this gesture or act, though prompted by the best of motives, if decision? it requested the President to return these nominations; I Mr. WALSH of Montana. I do. ventured my opinion that he would decline to return them, Mr. SHORTRIDGE. We fundamentally differ about that. and for reasons I expressed or for other sound reasons. For Mr. WALSH of Montana. We differ upon other questions, reasons he gave and the Attorney General gave, reasons too. that have not been answered or shaken, the President de LEGISLATIVE ENCROACHMENT ON THE EXECUTIVE clined to comply with our request. Mr. RANSDELL. Mr. President, so much has already Mr. FESS. If the Senator will permit, I think the record been said and written in this Power Commission contro will show that it is perfectly futile; but, at the same time, I versy that I hesitate to take the time of the Senate in dis am wondering whether this would not be the proper way to cussing it further. The best thought and talent of the Sen get a final decision. ate and the press have contributed to the discussion, and Mr. SHORTRIDGE. If this resolution raised a mere aca practically every phase of the problem has been proved demic question on which we desired an opinion from the by the sharpest constitutional intellects. However, the q.ues court we might, of course, go to the trouble and expense of tion is one of such paramount importance that I feel con having the district attorney institute quo warranto proceed strained to address myself to some of its angles but little ings and keep this matter agitated for two or three years touched heretofore. without any great harm resulting; but the pendency of quo This contest was precipitated by the appointment by warranto proceedings may cause a citizen to question the President Hoover of five commissioners to the Federal acts of the commission pending a final determination as to Power Commission, and the subsequent action of the Sen the title of one of the commissioners. Though perfectly con ate in seeking to rescind its favorable vote on three of them. fident as to what. the final decision will be should this reso The President, by virtue of the authority granted him in the lution pass and quo warranto proceedings be commenced, I act of June 23, 1930, nominated Messrs. Smith, Draper, am opposed to the resolution for reasons poorly expressed Garsaud, McNinch, and Williamson to the commission, by me and for reasons found in the record clearly stated by which body was brought into existence by that act. These the Attorney General and by the President. Let us not names were presented to the Senate Committee on Inter make another futile gesture. state Commerce, before which the nominees appeared, were Mr. WALSH of Montana. Mr. President, I trust it will fully questioned concerning their qualifications, were certi not be regarded as any evidence of disrespect either to the fied to the Senate by that committee with the recommenda Senator from California or to the argument which he has tion that they be confirmed, and were, in due course, given submitted if I make no reply whatever to it, so far as the the favorable vote of this body, each by a substantial ma merits are concerned. The Senator may be right in his jority. The President was informed of the Senate's action, view of the law. I do not think he is. Many Senators who commissions were issued by him, the appointees qualified by have discussed this matter upon the floor do not think he is. taking their oaths of office, and the newly created commis The Senate of the United States has recorded its views to sioners entered upon the-exercise of their official duties. the contrary, and now the simple question is, Shall we sub At the first meeting of the commission under the new act, mit this matter to the courts for adjudication? That is all two employees, Solicitor Russell and Accountant King, were there is to it. I do not care to open up that question now. informed that their services were not to be continued. The Now, with respect to the procedure. Of course, the dis Senate became indignant at this action, and passed a reso trict attorney may refuse to institute the case. I do not lution calling upon the President to resubmit the names of think he will. I think he will take the view evidently enter three commissioners-Smith, Garsaud, and Draper-who tained by the Senator from Ohio [Mr. FEss), that this ques acted at that meeting, in order that another vote on them tion having been presented, contrary views having been might be taken, it being charged that the commissioners expressed with respect to it, the President of the United had acted contrary to the public welfare. President Hoover, 1931 CONGRESSIONAL RECORD-SENATE , 3945 in the exercise of his Executive prerogative, refused to it, in substance, is attempting to effect the dismissal from accede to the request of the Senate, stating that he " can office of Mr. Smith. These methods, if successful, would not admit of the power of the Senate to encroach upon amount to removal of these Executive appointees without the Executive functions." Later, in a more detailed state complying with the usual provisions of law for impeach ment to the public, he said: ment; and, in effect, would be usurpation of the constitu The objective of the Senate constitutes an attempt to dictate to tional powers of the President, in whom alone is vested the . an administrative agency upon the appointment of subordinates authority of summary removal from office . and an attempted invasion of the authority of the Executive. Whether the action of the three commissioners in regard These, as President, I am bound to resist. to Messrs. Russell and King was wise or unwise, just or un Mr. Hoover, in pursuing this course, is following in the just, has no bearing on this case. If that action was of such footsteps of his predecessors whose differences with the a grave character as to justify the dismissal from office of Senate in similar cases I propose to discuss. the three commissioners, then the method provided by law Despite statements to the contrary, this is not a struggle to put them out is by impeachment, and if it were not of between the President and the Senate. I wish to empha such a grave character, then it goes without saying that they size as earnestly as I may that it is an issue between execu can not be dismissed from their high offices merely by a res tive power and legislative power; between two se~ate and olution of the Senate, without giving them a chance to be distinct branches of our Government, the executive and the heard, and in direct contravention of Executive prerogative. legislative. In simple language, divested of technicalities, The Constitution vests "Executive power" in the Presi the question is whether or not, after the President had dent, and charges him with the duty" to take care that the nominated the commissioners, the Senate had confirmed laws be faithfully executed." Article II, sections 1, 2, and 3, them, the President had been notified of their confirmation, provide for this power in the President and place this duty they had then received their appointments and taken their upon him. In construing this portion of the Constitution, oaths of office, and had actually entered upon their duties the Supreme Court, in the case of Myers v. United States by performance of the very act complained of in regard to (272 U. s. 117), decided in 1926, said: Messrs. Russell and King, the Senate can dispossess them The vesting of the Executive power in the President was essen of their offices by . a Senate resolution. In other words, tially a grant of the power to execute the laws. But the President were these three officials-Smith, Garsaud, and Draper alone and unaided could not execute the laws. He must execute them by the assistance of subordinates. As he is charged spe actually occupying the office of Federal Power Commis cifically to take care that they be faithfully executed, the reason sioners at the moment when the motion to reconsider their able implication, even in the absence of express words, was that as confirmations was filed in the Senate nearly two weeks part of his Executive power he should select those who are to act for him under his direction in the execution of the laws. The after they had qualified? Bear in mind that two of the further implication must he, in the absence of any express limi commissioners were confirmed by vote of the Senate on the tation respecting removals, that as his selection of administrative 19th of December and three on the 20th; that the Presi officers is essential to the exe~ution of the laws by him, so must be his power of removing those for whom he can not continue to be dent was notified thereof on the 20th and 22d, respectively; responsible. that commissions were issued to them on the 22d; that Smith, Garsaud, and Draper ·took oaths of office on the 22d, President Cleveland, one of our greatest Presidents and a Williamson on the 27th, and McNinch on the 31st; that stanch Democrat, in an admirable work entitled " The Inde the notice to Russell and King was given on the 23d; and pendence of the Executive," page 14, has stated his interpre that the motion for reconsideration was introduced on Jan tation of the Executive power in the following words: uary 5, 1931, 12 calendar days after the action complained • • • we find that the ·constitution supplements a recital of of had been taken, during which period of time the three the specific powers and duties of the President with this im pressive and conclusive additional requirement: "He shall take commissioners, in conjunction with the other two members care that the laws be faithfully executed." This I conceive to be of the commission, had been performing their ordinary equivalent to a grant of all the power necessary to the perform functions of office. ance of his duty in the faithful execution of the laws: Under its rules the Senate may reconsider its confirma Upon the President devolves the duty of putting into force tion of presidential nominees or appointees at either of the and effect the mandates of the legislative branch of the next two executive sessions after the one on which it votes Government. In the calm and comparative quiet of the their confirmation. But by informing the President it had Halls of Congress numerous statutes are enacted, making the confirmed the three commissioners who subsequently took laws, and authorizing the President to give force to them, action in regard to Russell and King the Senate waived all which imposes on him a very diffi.cult task. Every possible right to reconsider their confirmation. aid and convenience is at the command of the House and The Constitution provides that the Senate's advice and Senate in creating laws; similar aids and freedom from consent shall be given to appointments, and the Senate annoyance should be at the disposal of the President in en should unequivocally know when it has advised and con forcing them. It is no part of my purpose to detract from sented. It sent word to the President that it had advised the powers of the legislative branch of the Government. I and consented to the appointment of the five power commis am jealous of the mandate given to the Senate by the sioners, and that ended the transaction. By so doing, it fathers of the Republic and have ever done my utmost to ignored its own rule that advice and consent is not complete preserve its dignity inviolate against the encroachments of until the second executive day is passed. And it is idle to the other departments. But justice to them and a desire argue that the rule permitting reconsideration was ever in for fair play prompt me to plead for the supremacy of the tended to apply to cases in which the President had already other branches in their proper spheres, especially the Execu been formally notified that the Senate had agreed to an ap tive. The onerous responsibility of enforcing the law is on pointment, and he had acted in accordance therewith by the President. He is, therefore, entitled to the cooperation issuing commissions to the appointees, who had qualified of all good citizens in his efforts to enforce the laws in the and taken charge of their offices. This rule was intended to manner most conducive to the public welfare. It should be apply to cases in which the Senate had withheld from the the purpose of both branches of Congress to help, not hinder President information of its consent, in which it, though the Executive. His duties are multitudinous; they reach having voted once, had kept the names of appointees before into all fields; they involve questions of prime importance to it for further possible consideration. In the present case the Nation and the world; they are in a sense above the this had not been done. comprehension of any one individual; and they are of a cer By informing the President that it had advised and con tainty beyond the possibility of performance by any one sented to the nominations, the Senate surrendered whatever man, unless aided by many efficient and loyal subordinates. right it had to change its decision. Only two courses are In discussing the Executive power, Cleveland, in the work open for ~emoval of these men. One of them is removal by just referred to (p. 10), said: • the President, the other is impeachment by the House. The Congress may enact laws; but they are inert and vain With When the Senate pursues the methods it is now follo~, ... out Executive impulse. The Federal courts adjudicate upon the 3946 ' CONGRESSIONAL RECORD-SENATE FEBRUARY 4 rights of the citizen when their aid 1s invoked. But under the ury, and of War. This motion produced a fierce debate, out constitutional mandate that the President "shall take care that the laws be faithfully executed," every citizen, in the day or in of which the following propositions emerged: First, does the the night, at home or abroad, 1s constantly within the protection appointing power include the removing power? Second, and restraint of the Executive power-none so lowly as to be does the removing power belong to the President or to the beneath its scrupulous care and none so great as to be beyond its restraining force. President and the Senate? Third, if the power of removal belongs to the President, can Congress provide for a specific The Constitution gives to the President the " Executive tenure to be attached to any particular office? power," including the right of selecting his Cabinet and a After much disc"USsion, the motion favoring power ·of vast number of executive assistants, which was so ably con removal by the President alone passed the House by a close strued by the Supreme Court in the quotation just given vote. In the Senate, the measure was attacked because it from the Myers case. As that decree so well holds, the was alleged that it took away from the Senate the right of "Executive power " includes the appointment power, which removal. The motion was warmly defended, however, in a carries with it the coincident duty of appointing only those close struggle, and passed by the casting vote of the Vice competent and willing to serve faithfully and effectively. President. Once appointed, these officials are performing, in a very · At the end of the debate, the following conclusions were true sense, the acts of the President. It is but common reached: First, the appointing power includes the removing sense to hold to-day, as it was held in the early days of the power; second, both powers belong to the President, the Sen Republic, that the .President can not " take care that the ate having simply a negative on appointments; third, where laws be faithfully executed" unless he has the summary tenure has not been provided by the Constitution the office power of removal without any interference or curb upon is held at the pleasure of the appointing· power. him by the other branches of government. This was but the beginning of the struggle, and it has been Article I, section 1, of the Constitution gives " all legisla carried on down through the years to the present day. tive powers herein granted " to '' a . Congress of the United During Andrew Jackson's administration, the fight waxed States, which shall consist of a Senate and a House of fierce when the President removed Secretary of the Treasury Representatives." The provision "all legislative powers Duana In 1833 President Jackson directed his Secretary of herein granted " means that Congress, within the limits of . the Treasury to deposit Government funds in State banks its powers and observing the restrictions imposed by the instead of the Bank of the United States. Duane refused Constltution, may, in its discretion, enact any statute appro and·was dismissed. By law the Secretary was removable by priate to accomplish the object for which the National Gov the President, and this right Jackson promptly exercised. ernment was established. MEMBERS OF THE FEDERAl- POWER COMMISSlON r ARIZONA Marcel Garsaud to· be a . member for the term expiring John M. Turner, Peoria. June 22, 1932. Ruth L. Streett, Warren. Claude L. Draper to be a member for the term expiring ARKANSAS June 22, 1931. Henry L. Thompson, Huntsville. COLLECTORS OF CUSTOMS Hubert C. Robbins, Piggott. Joseph C. Swann to be a collector or' customs, collection district No. 19, Mobile, Ala. · CALIFORNIA George M. Foland to be a collector of customs, district Alfred A. True, Barstow. No. 40, Indianapolis, Ind. Charles A. French, Brentwood; Frank M. Hume to be a collector of customs, district No. 1, Martha E. Holway, .Brion. · Portland, Me. · · James R. Willoughby, Corcoran. Edward E. Smith to be a collector of customs; district Edwin F. Heisser, Glendale. No. 35, Minneapolis, Minn. George W. Fraser, Pinole. Warren Kearny to be a collector of customs, district Ella B. Ackerman, Rodeo. No. 20, New -orleans, La. . COLORADO SURVEYOR OF CUSTOMS Esther J. Kennedy, Climax. Arthur C. Lavergne to be a surveyor of customs, district James W. Conant, Monte Vista. No. 20, New Orleans, La. CONNECTICUT COMPTROLLER OF CUSTOMS Alfred C. Ward, Middletown. Charles C. Cantrell to be a comptroller of customs, district Weeden F. Sheldon, Moosup. No. 20, New Orleans, La. Myrtie L. Sanford, South Wethersfield. APPOINTMENTS ,IN OFFICERS' RESERVE CORPS OF THE ARMY DELAWARE GENERAL OFFICERS Elijah W. Short, Cannon. John Sylvester Thompson to be a brigadier general, reserve; HAWAII Benedict Crowell to be brigadier general, Ordnance De partment reserve. Charles F. Chillingworth, Honolulu. IDAHO REAPPOINTMENT IN THE OFFICERS' RESERVE CORPS OF THE ARMY Richard Coke Marshall, jr., to be brigadier general, reserve: Osmond Buchanan, Blackfoot. John L. Rooke, Cottonwood. . APPOINTMENTS AND PROMOTIONS IN THE NAVY Clyde Hanson, Malad City. · Earl W. Spencer to be commander. Herman E. Halland to be lieutenant commander. ILLINOIS John G. Farrell to be lieutenant commander. Marion F. Watt, Atlanta. Arthur A. Ageton to be lieutenant. Sheldon J. Porterfield, Chatsworth. Allen V. Bres to be lieutenant. Bahne E. Cornilsen, Chicago Heights. James W. Lucas, jr., to be lieutenant (junior grade). Arthur G. Arnin, Columbia. Emile R. Winterhaler to be lieutenant (junior grade). Andrew W. Kurrus, East St. Louis. William D. F. Stagner to be assistant dental surgeon. Fred J. Bohnenkemper, Germantown. To be civil engineer Evan Harris, Gillespie. Floyd C. Bedell. · Robert E. Bassler. Seymour Van Deusen, Greenville. Ray W. Birch, Neoga. Henry E. Wilson. Frederick R. Hewes. Harold J. Henderson, Raymond. . William 0. Hiltabidle, Jr. John A. Scoville. EdwardS. Bundy, Thompsonville. William D. Chandler. Paul J. Halloran. David S. Birkett, Washington. Cushing Phillips. Paul A. E. Flux. • George R. Brooks. John G. Gromfine. INDIANA Alexander Martin, jr. John J. Chew. Fred H. Ahlgrim, Michigan City. Simson C. Stengel. Algert D. Alexis. Louis Pfefferle, jr., National" Military Home. James D. Wilson. Rufus C. Harding. Earl R. Hoyt, Pekin. John C. Gebhard. Charles T. Dickeman. Frederick W. Alpen, Valparaiso. Henry R. Lacey. Edwin D. Miller. John C. Hodge, Zionsville. · MARINE CORPS IOWA Charles F. Williams to be colonel. Dennis L. McDonnell, Bernard. Bennet Puryear, jr., to be assistant quartermaster. Lorenzo D. Howorth, Dunlap. William C. Wise, jr., to be lieutenant colonel. Lewis H. Mayne, Emmetsburg. Samuel A. Woods, jr., to be major. ~ ..· Hervey W. Dahlstrom, Farmersburg. George C. Hamner to be major. Albert E. Frentress, Greeley. Nicholas E. Clauson to be captain. Susana F. O'Bryan, Lovilia. George R. Rowan to be captain. Charles F. Chambers, West Union. Richard H. Schubert to be captain. . KANSAS . John N. Hart to be first lieutenant. Lionel C. Goudeau to be first lieutenant. Clark L. Porter, Blue Mound. Alfred R. Pefley to be first lieutenant. Charles H. Kurtz, Mulberry. Sidney R. Williamson to be first lieutenant. KENTUCKY John H. Stillman to be first lieutenant. Hawley C. Waterman to be first lieutenant. Samuel R. Eckler, Dry Ridge. Jesse T. Bryant, Hardyville. Wright C. Taylor to be second lieutenant. James R. Rash, Henderson. PosTMASTERS Attilla C. Devore, Sanders. ALABAMA MAINE Velma A. Wheeler, Adamsville. James Mahaney, Cherryfield. Ed P. Johnson, Samson. Philip ·F. Stone, Norway. LXXIV--250 :3952 CONGRESSIONAL RECORD-. SENATE FEBRUARY -4 MARYLAND Elma L. Evans,- Rose Hill. William L. Whittington, Crisfield. Chauncey H. Brown, South Dayton. Harry R. Kinnaman, Myersville. , NORTH CAROLINA Elias N. McAllister, Vienna. - James H. Carlton, Burgaw. MASSACHUSETTS Ruley G. Wallace, Carthage. Berton Williams, Ayer. Vernal Freeman, Chimney Rock. Harry T. Downes, Hanover. Joseph K. Mason, Durham. Frederick H. Buckley, Natick. Lewis E. Norman, Elk Park. Ethel V. Cook, Wenham. Roger P. Washam, Gastonia. MICHIGAN John H. Freshwater, Haw River. Grace Tillie, Honor. Lurlene T. Turner, Milton. Chauncey A. Harris, Pontiac. NORTH DAKOTA Gertrude S. Scott, Sterling. Carl Indergard, Belfield. Homer L. Allard, Sturgis. Ivah M. Shuley, Edinburg. MINNESOTA Orrin McGrath, Glen Ullin. Jason Weatherhead, Ada. May K. Retzlaff, Kenmare. Genevra E. Ristvedt, Hanley Falls. J. Dexter Peirce, Larimore. James H. Cramer, Marmarth. MISSISSIPPI Orlando J. Lebacken, Reynolds. Henry C. Glover, Bay St. Louis. Ida R. Green, Sanish. Louis B. Phillips, Eupora. Martha B. Lowe,. Glendora. OHIO George T. Mitchell, Guntown. Cora M. Burns, Beloit. Allan McCants, Meridian. Edward C. Anderson, Blanchester. Mary E. Cain, Vaiden. Alexander M. Renick, Chillicothe. Thomas C. Kite, Weir. Herbert E. Whitney, Danville. William M. Carlisle, Gambier. MISSOURI Oscar C. Wheland, Gnadenhutten. Harry E. Carel, Blue Springs. William M. Schmittker, Kelleys Island. Robert W. Raines, Glasgow. Henry H. Harvey, Kenton. John A. Griese!, Golden City. Mary E. Ross, Lebanon. Virgil P. Reid, Grandview. Lee B. Milligan, Lowellville. John L. Oheim, Kimmswick. Edgar R. Holmes, Millersport. Floyd 0. King, Leasburg. Clara J. Mitchell, Mount Pleasant. Fred Fair, Marshall. Eugene G. Dick, Oberlin. Fred Mitchell, Purdy. Walter W. Wiant, St. Paris. Arthur T. King, Warrensburg. Robert L. Nelson, Senecaville. Harris L. Fox, Willard. Della Boone, Spencer. MONTANA Charles F. Decker, Vermilion. John M. Bever, Bridger. William F. Haines, Wilmington. Arthur C. Baker, Hamilton. Wilbur C. Ledm.an, Zanesville. NEBRASKA OKLAHOMA Edwara Ericksen, Boelus. William W. Wagner, Orlando. - Vernon D. Hill George B .... Reed ~ Lohn. . _ j .. - :..- •• Make us· great -in mind, strong· in principle, pure· in spirit'" Nathaniel B. Spearman, Mount Pleasant. and, above all, enlarge our capacity for joy, for service, and Fannie M. Black, Perryton. for consideration of all men. Bless us with the virtues of Willie J. Allison, Pickton. resistance and with restraint, for these give form and force . Ethel Milligan, Pittsburg. to character. Dignify this day with duty wisely performed, , Simpson I. Dunn, Port Arthur. for herein lies true nobility of soul. In the name of Jesus. James E. Risley, Rockwall. Amen. Edward N. Mulkey, Sherman. The Journal of the proceedings of yesterday was read and Hugh G. K-oether, Shiner. approved. Gladys M. Anderson, Snyder. MESSAGE FROM THE SENATE Albert E. Newman, Texas City. Surry S. Boles, Thorndale. A message from the Senate by. Mr. Craven, its principal . Dyde Manning, Wills Point. clerk, announced that the Senate had passed a bill of the James R. Burras, Windom. following title, in which the concurrence of the House is requested: UTAH S. 5724. An act authorizing the George Washington Bicen Herschel E. Calderwood, ·Coalville. . tennial Commission to print and distribute additional sets of Leon P. Ralphs, Ferron. - the writings of George Washington. Lydia R. Shaw, Huntington. The message also announced that the Senate had agreed · Aroet L. Harris, Richmond. l J to the report of the committee of conference on the dis · Alfred L. Hanks, Tooele. agreeing votes of the two Houses on the amendments of the VERMONT Senate to the bill (H. R. 15592) entitled "An act making William H. Lang, Beecher Falls. appropriations to supply urgent deficiencies in certain ap Flora S. Williams, Charlotte. propriations for the fiscal year ending June 30, 1931, and for Perley U. Mudgett, Johnson. prior fiscal years, to provide urgent supplemental appropria Lester E. Boyce, Ludlow. tions for the fiscal year ending June 30, 1931, and for other C!_larles A. ~ourn, Manchester Depot. purposes." Alvi T. Davis, Marshfield. The message also announced that the Senate disagrees to William J. Wright, Montgomery Center. the amendment of the House to the bill
Congressional Record-Senate Senate
