1926 CONGRESSIONAL RECORD-SEN ATE 203 assembling of Congress; to the Committee on Election of Presi ting, pursuant to law, the annual report of the Comptroller dent, Vice President, and Representatives in Congress. covering the actitities of the Currency Bureau for the year 4302. By Mr. KUNZ: Resolution adopted in the regular meet ended October 31, 1926, which, with the accompanying report, ing of the Norwegian National League of Chicago, held on the was referred to the Committee on Banking and Currency. 15th of November, 1926, protesting against the amendment to ALLEGED l1""'tJUBTICES lN THE PROMOTION LIST IN THE .ARMY the immigration law, to become effective July 1, 1927, which will reduce the immigration quotas of the Scandinavian coun The VICE PRESIDENT laid before the Senate a communi tries; to the Committee on Immigration and Naturalization. cation from the Secretary of War, reporting, pursuant to law., 4303. By Mr. LEAVITT: Petition of the Missoula Bird Club, relative to alleged injustices existing in the promotion list of Missoula, 1\Iont., protesting against the proposed elimination the Army and the promotion and retirement of officers, which, of the Bechler Meadows from Yellowstone National Park; to with the accompanying papers, was referred to the Committee the Committee on the Public Lands. on Military Affairs. REPORTS OF THE FEDEIUL POWER COMMISSIO:N 4304. By Mr. MORROW: Petition of New Mexico Bankers' I Association, fayoring the l\1cFadden banking bill, with the The VICE PRESIDENT laid before the Senate a communica- Hull amendments; to the Committee on Banking and Cnnency. tion from the Secretary of War, chairman of the Federal Power 4305. Also, petition of Wild Life Protection Campaign, in Commission, transmitting, pursuant to law, a statement show support of the Copeland-Merritt bill (S. 3580) ; to the Com ing permits and licenses issued under the authority of the mittee. on Agriculture. Federal water power act, during the fiscal year ended June 4306. Also, petition of residents of Dexter, N. Mex., and 30, 1926, the parties thereto, the terms prescribed and the Guadalupita, N. 1\fex., favoring Civil War pension legislation; moneys received dming the :fi.$cal year 1926 op account of per to the Committee on Invalid Pensions. mits and licenses, which, with the accompanying statement, 4307. By Mr. O'CONNELL of New York: Petition of the was referred to the Committee on Commerce. National Automobile Chamber of Commerce, 1\Ir. P. Johnson, He also laid before the Senate a communication from the Washington repre entative, favoring the passage of the Federal Secretary of )Var, chairman of the Federal Power Commis judges' salary increase legislation; to the Committee on the sion, transmitting, pursuant to law, a report givtng the agg~:e Judiciary. gate number of various publications is. ued by the commission 4.308. By Mr. O'CONNOR of New York: Resolution of the during the fiscal year ended June 30, 1D26, with other details, New York State Bankers' Association, urging passage of the which, with the accompany4Ig report, was referred to tile Com McFadden banking bill (H. R. 2) ; to the Committee on Bank mittee on Printing. ing and Currency. He also laid before the Senate a communication from the 4309. By Mr. PHILLIPS: Evidence in support of Honse Secretary of War, chairman of the Federal Power Commission, bill 14()70, granting a pension to William D. Duerr; to the transmitting, pursuant to law, statements, which were referred Committee on Invalid Pensions. to the Committee on Appropriations, as follows: 4310. By 1\Ir. PRALL: Petition of New York State Bankers' A statement of detail travel taken by officers of the Federal Association, held in Syracuse Saturday, No1ember 20, 1026, Power Commission to points outside the District of Columbia favoring the amendment of the national banking laws; to the during the fiscal year ended June 30, 1026; and Committee on Banking and Currency. A statement showing typewriters, adding machines, and 4311. Also, petition of the National Council of Catholic other similar labor-saYing devices purchased during the fiscal Women, assembled in national convention, Milwaukee, Wis., year ended June 30, 1926. October 10, 1926, regarding conditions in Mexico ; to the ADDITIONAL REPORTS OF THE SECRETARY OF THE INTERIOR Committee on Foreign Affairs. The VICE PRESIDENT laid before the Senate a communi 4312. By Mr. THURSTON: Petition of 35 citizens of Blan cation from the Secretary of the Interior, transmitting, pur chard, Page Comity, Iowa, for an acknowledgment of the suant to law, a report of the disbursements made for the CUl' authority of Obrist and the law of God in the Constitution of rent fiscal year to the several States and Territories under the tile United States; to the Committee on the Judiciary. . acts approved August 30, 18DO, and March 4, 1907, applying a 4313. By 1\Ir. WATSON: Petition of several retail dealers of portion of the proceeds of the sale of public lands to the more Montgomery County, Pa., favoring Capper-Kelly resale price complete endowment and support of colleges for the benefit of bill (H. R. 11) ; to the Committee on Interstate and Foreign agriculture and the mechanic arts, together with a statement Commerce. of the amounts paid out to the several States and Territories 4314. By l\fr. WYANT: Protest of Board of Fish Commis since the enactment of said acts, which, with the accompany sioners of Penn ylvania against diversion of water from the ing report, was referred to the Committee on Agriculture and Great Lakes; to the Committee on Rivers and Harbors. Forestry. 4315. Also, petition of Vandergrift Radio Listeners' League, He also laid before the Senate a· communication from the of Vandergrift, Pa., urging a bill to regulate radio broadcasting; Secretary of the Interior, transmitting, pursuant to law, a to the Committee on the Merchant Marine and Fisheries. report of travel expenses of certain officers and employees of the Interior Department on official bu iness from Washington to points outside the District of Columbia during the fiscal SENATE year ended June 30, 1926, which, with the accompanying re FRIDAY, December 10, 19~6 port, was referred to the Committee on Appropriations. He also laid before the Senate a communication from the The Chaplain, Rev. J. J. Muir, D. D., offered the following Secretary of the Interior, tran...~itting, pursuant to law, an prayer: itemized statement of e1.-penditures made by the Department Gracious Father, we do thank Thee for the manifold mercies of the Interior and charged to the appropriation "Contingent so .bountifully given unto us, granting to us many opportuni Expenses, Department of the Interior, 1926," during the fiscal ties for service and inclining us to follow in paths of righteous year ended June 30, 1926, which, with the accompanying state ness and of truth, making ourselves benedictions to humanity. ment, was referred to the Committee on Appropriations. Hear our prayer this morning. J\.fay we be moved by the He also laid before the Senate a communication from the highest ends in· life, to the glory of Thy name, through Jesus Secretary of the Interior relative to the following reports, re Christ. Amen. quired by law to be transmitted to Congress, with the statement that the size and bulk of the reports being voluminous, copies The Chief Clerk proceeded to read the Journal of yester were transmitted to the Speaker of the House of Representa day·s proceedings when, on request of Mr. CURTIS and lJy tives, which were referred to the Committee on Printing: unanimous consent, the further reading was dispensed with A. report embodying the number of documents received and and the Journal was approved. distributed by the Interior Department during the fiscal year REPORT OF THE SECRETARY OF THE TREASURY ended June 30, 1926 ; and A report embodying the aggregate number of various publi The VICE PRESIDE~"'T laid before the Senate a communi cations issued during the fiscal year ended June 30, 1926, the cation from the Secretary of the Treasury, transmitting, pur cost of paper, the cost of" printing, the cost of preparation, and suant to law, the annual report of the Secretary of the Treasury the number of each distributed. on the state of the finances for the fiscal year ended June 30, 1026, which, with the accompanying report, was referred to REPORT OF THE INTERSTATE COMMERCE COMMISSION the Committee on Finance. The VICE PRESIDENT laid before the Senate a communica tion from the chairman of the Interstate Commerce Commis REPORT OF THE COMPTROLLER OF THE CURRENCY sion, transmitting, pursuant to law, the fortieth annual report The VICE PRESIDENT laid before the Senate a communica of the commission, which, with the accompanying report, was tion from the Acting Comptroller of the Currency, transmit- referred to the Committee on Interstate Commerce. 204 CON"GRESSION .AL R.ECOR.D-SENATE DECE:DIBER 10
DEPORT OF THE FEDER.\L TRADE OOMMlSSIO~ all worthy and meritorious projects. wherever situated, which would The VICE PRESIDENT laid before the Senate a communica contribute to the Nation's commercial, industt·ial, and agricultural tion from the chairman of the Federal Trade Commis&ion, progress and prosperity. As its ultimate goal, it bas had in minll, transmitting, pursuant to law, the annual report of the com through the adoption of such a broad and compreltensive policy, the mission for the fiscal year ended June 30, 1926, which, with development of a unified, interrelatffl, and connected national system the accompanying report, was !-"eferred to the Committee on In of waterways, including and consisting of seacoast and lake harbors, terstate Commerce. inland rivers, and intracoastal canals, which, supplementing and correlated with railways and highways, would provide the foundation TR.A VEL EXPEN 'ES OF SHIPPING BOARD for and guarantee the future economic security and supremacy of the The VICE PRESIDENT laid before the Senate a communi United States. cation from the chairman of the United States Shipping It is, therefore with gratifica tlon and satisfaction tbut we announce Board, transmitting, pursuant to law, a statement of travel that such a prog~am has now been adopt<'d a a fixed and established expenses of officers and employees of the board on official national policy. We view with pardonable pride the prominent part business from Wasl.tingtod to points outside tile District of played by the National Rivers and Harbors Congress in this great Columbia dm·ing the fi~cal year ended Jtme 30, 1926, whicil, achievement. with the accompanying papers, was referred to the Committee We recognize and expt·ess our gt·ateful appreciation of the splendid on Appropriations. leadership of the President of the United States, the lion. Calvin REPORTS OF SECRETARY OF THE SE~.A.TE Coolidge, in the accomplishment of this result, and the service~ rendered The VICE PRESIDENT laid before the Senate a communica in that connection also by the Secretary of War, the Hon. Dwight F. tion from the Secretary of the Senate, transmitting, pursuant Davis ; the Secretary of Commerce, the Hon. Herbert Hoover ; and the to law, the following reports, wilicl.t were ordered to lie on the Secretary of Agriculture, the Hon. W. M. Jardin£', who e public utter table and to be printed : ances have contributed immeasurably in arousing public entiment tv A report of the receipts and expenditures of tile Senate for an appreciation of the importance and necessity of a lJroad and compre· the period from January 1 to June 30, 1926 ( S. Doc. No. 162) ; hen ·ive plan and policy of waterway development. and In justification of thls policy we direct attention to the effective and A report of all property belonging to the United States Sen beneficial service now being rendered by the Nation's waterways, ate in his posses ion on December 6, 1926 ( S. Doc. No. 169). although many of them have not been completed in accordance with adopted plans. With a total capital inve tment of approximately REPORT OF .A.SSIST.A.~T Dl BVRSING AGE~T (S. DOC. NO. 168) 98.J,GDJ,OOO, expended during more than a century in their develop Tile VICE PRESIDEXT laid before the Senate a communica ment, the Nation's waterway. last year handled 482,600,000 tons of tion from the a si tant di~bursing agent of the Senate, trans commerce, valued at $::!3,940,000,000, with an estimated saving in rPduced mitting, pursuant to law. a report of receipts and expeuditures transportation charges of $500,000,000 to the American people. of the Senate for the period from July 1 to December 31, In thls connection we refer to the wise and sound declaration of 1925, inclusive, whi<:h, with the accompanying report, was Pre ident Coolldge in urging the adoption of a broad program of water ordered to lie on the table and to be printed. way improvements in his annual message to the Congres in 1923 that such improvements nre "not incompatible with economy, for their PETITIONS nature does not require so much a public expenditure as a capital l\lr. REED of Pennsylvania presented a petition of sundry investment," and his statement on the same subject in his annual citizens of Allegheny County, Pa., praying an amendment to the roes age of 1924 that "such works are productive of wealth and in Constitution acknowledp;ing the authority of Christ and of the the long run tend to a reduction of the tax burden." law of God therein, which was referred to the Committee on While we view with satisfaction the widespread sentiment in favor the Judiciary. of the further de\elopment of the Nation's waterways in accordance .M:r. BINGHAM pr ~ented resolutions adopted by Enfield with the now accepted national policy, we urge upon the friends of Grange No. 151, of Hazardville, Conn., favoring the passage waterways the necessity of continued and unrelenting vigilance and of farm-relief legislation so as to aid in the export of surplus activity until the desired result has been fully accomplished. Althougq produce, which were referred to the Committee on Agriculture the policy has been adopted, it must be maintained and prosecuted and Forestry. until a national plan which ultimately will include and comprehend He also presented resolutions adopted by the American every waterway practicable of development and improvement and Legion, Department of Connecticut, at New Haven, Conn., capable of rendering service of value to the Nation has been carried to favoring the passage of legislation to improve the status ..of final completion. It is important that the future should be vi uaUzed. Army bands, which were referred to the Committee on 1\lilitary Our rapid increase in population and our even more rapid growth in Affairs. commerce, industry, and agriculture will continue to require from time He also presented res,olutions adopted by the American to time the enlargement and extension of our national waterway system. Legion, Department of Connecticut, at New Haven, Conn., As it has rendered an invaluable public service in the adoption of the fa-voring the passage of legislation placing volunteer World preosent waterway policy, the National Rivers ana Harbors Congress bas 'Yar officers on the retired list, which were referred to the established itself as an essential public agency to maintain nnu protect Committee on :Military Affairs. the policy in the public interest and to a sist in translating it into the RESOLUTIO~S OF N.A.TIO~..U RIVERS .AND HARBORS co~GRESS final accomplishment of a unified and connected national system of waterways, adequate at all times to the Nation's transportation needs. Mr. RANSDELL. Mr. Presiuent, I ask unanimous consent For many years public interest in the improvement of waterways has to ha-ve placed in tile RECORD at this point resolutions adopted centered largely upon their utilization for navigation. It is evident, by the National Rivers and Harbor ' Congre. s at its convention however, as a matter of wise policy, that in the improvement of water in this city, which closed yesterday. These resolutions have ways for transportation purposes every service whicll tlley are capable just been presented to our presiding officer, the Vice President, of rendering should be developed and utilized, including power, irriga the leaders of the majority and the minority on this floor, tion, reclamation, and flood control. W'e dit·ect attention to the pro and the chairman of the Committee on Commerce. They are vision in the pending rivers anu harbors bill wbich authorizes surveys "Very compr.ehensh·e and wi ·e, in my judgment. I ask that of the navigable streams of tile United States with a view to ascertaining they be printed in the HECORD and reque. t el'ery Senator to their po sibllities for improvement for these purposes in connection read and consider them. with navigation, and earne ·tiy urge its adoption at the pre ent se sion The PRESIDIKG OFFICER (Mr. ·WILLIS in the chair)· of Congress. This authorization will provide a sound basis for the Is there objection to the request of the Senator from Louisi- adoption by the Congress of a nation-wide plan for the fullest possible ana? The Chair hear· none, and it is so ordered. dewlopment and utilization of the water resources of the Nation. The matter referred to is as follows: 'Ye express confidence in and appreciation of the splendid service For the information of the public anu our Representatives in the being rendered by the "C'nited States Arwy Engineers in the improvement Congre · of the United States the delegates in attendance at the and development of the Nation's waterways. Their long record of Twent.r-second Annual Convention of the National Rivers and Harbors loyal, faithful, efficient, and honorable public service in all of their Congre ·s, representing practically every State of the American L"nion, activities inspires not only the admiration and confidence of the Amcr approve and promulgate the following declarations: ican people but the earnest hope that they may be permitted to continue Since its organization 21 years ago it has been the avowed purpose to direct and administer all river and harbor works. We therefore of the National Rivers and llar))ors Congress, through the creation of declare our unqualified opposition to any change in the present methods a nation-wide sentiment, to bring about the adoption of a national Iof developing our waterways wbich would in any way lessen the policy which would insure the proper development of the rivers and authority or respon ibility of the United States At·my Engineers in tbat harbors in this country for transportation purposes. In the pur-~ connection. suance of that objective tt has refrained from sectionalism and In order· that the three essential agencies in our national tra~sporta partisanship seeking only to promote and secure the adoptl.on of a tion system-railways, highways, and waterways--may render m coop national pollcy that would insure the earliest possible completion of eration the fullest measure of service of which they are capable, we 1926 CONGRESSIONAL-RECORD--SEN ATE 205 direct attention to the desirability of their proper coordination, par Hon. Albert B. Cummins, late a Senator from tbe State of Iowa, ticularly at terminals where interchange and exchange of freight is upon vouchers to be approved by the Committee to Audit and Control made and urge upon the authorities of interested localities that they the Contingent Expenses of the Senate. giv~ ~areful consideration to this suggestion in their plans for terminal BILLS INTRODuCED de-relopment. Bills were introduced, read the first time, and, by unanimous We declare our unalterable opposition to placing the water-borne consent, the second time, and referred as follows: traffic of the United States, including both foreign and dome;;tic By Mr. NEELY: commerce or the traffic upon our public highways under the control A bill ( S. 4702) granting the consent of Congress to the of the In,terstate Commerce Commission or any other administratJve Kanawha Falls Bridge Co. (Inc.) to construct a bridge across body. We also declare our unqualified opposition to the imposition the Kanawha River at Kanawha Falls, Fayette County, W. Va.; of tQUS or other charges for the use of our waterways or highways. to the Committee on Commerce. The navigable waters of the United States are national highways By Mr. NORRIS : and the public therefore ba,ve the right to navigate them with the A bill (S. 4703) to amend section 176 o.f the Judicial Code; least obstruction to traffic. No obstruction to navigation should be to the Committee on the Judiciary. permitted either by the construction of bridges or by way of any By Mr. ERNST: other impediment. · A bill (S. 4704) granting an increase of pension to Milton :M. We therefore urge upon the proper authorities that no permits be Lile; to the Committee on Pensions. issued for the construction of bridges which in any way limit, obstruct, By 1\!r. MOSES: or impair navigation. A bill (S. 4705) granting an increase of pension to James N. The operations of the United States Inland Waterways Corpor-J.tion Slater (with accompanying papers) ; to the Committee on on the Mississippi and Warrior Rivers during the past year again Pensions. have demonstrated the economies of water transportation. The serv By Ml·. WILLIS : ices of this governmental agency should be extended as the need may A bill ( S. 4706) granting an increase of pension to Ellen require in order that the benefits of common-carrier service may be Gilmore (with accompanying papers) ; to the Committee on enjoyed by other communities, provided such common-carrier service Pensions. 1s not supplied by private enterprise. By Mr. HARRELD (by request) : Whereas the President of the United States has been responsible in A bill ( S. 4707) to permit detailing of employees of tlle Indian large measure for the adoption of the policy which this congre s has Field Service to the Washington Office; and advocated since its organization : Therefore be it A bill (S. 4708) to authorize reimposition and extension of Resolved, That the president of this congress be, and he is hereby, the trust period on lands held for the use and benefit of the authorized to appoint from among the delegates present at this con Capitan Grande Band of Indians in California; to the Com vention a committee consisting of one member from each (){ the mittee on Indian Affairs. States represented; that said committee call upon the President of By Mr. WADSWORTH: . the United States and express to him the appreciation of the members ~ bill (S. ·4709) for the relief of John W. Stockett; to the of this congress for his assistance and leadership in the accomplish Committee on Claims. ment of the results detailed in these resoluti()ns; and that said com By Mr. CiliERON: mittee respectfully request his cooperation in the further purposes set A bill (S. 4710) to create a waterways and water resources forth 1n the resolutions. commission ; to the Committee on Commerce. Resolved further, That this committee be directed also to call upon By Mr. McKELLAR: the Vice President of the United States, the majority and minority · A bill (S. 4711) to change the time of holding court at Jack leaders of the Senate, the Speaker of the House of Representatives, son and at l\femphis, Tenn.; to the Committee on the Judiciary. the majority and minority leaders . of the House, the chairman of By Mr. STEPHENS: the Commerce Committee of the Senate, and the chairman of the A bill (S. 4712) granting the consent of Congress to Meridian Rivers and Harbors Committee of the House and express to them also & Bigbee River Railway Co. to construct, maintain, and operate the appreciation of the members of this congress of the service a railroad bridge across the Tombigbee River at or near rendered by them in securing the adoption of our national water'\\ray Naheola, Ala. ; to the Committee on Commerce. policy, and further, to request their cooperation in securing the ends By Mr. SHEPPARD: sought by these resolution.s. A bill (S. 4713) extending the limit of time within which A true copy. Parramore Post, No. 57, American Legion, may construct its s. A. THOIIp>SON, memorial building; to the Committee on Public Buildings and Beoretary-Treasurer Grounds. National Rivers atzd Hm·bors Congress. By Mr. SHORTRIDGE: 'WASHIXGTON, D. C., Deoember 9, J!J26. A bill ( S. 4714) granting a pension to Alexander Lewis; REPORTS OF THE :MILITARY AFFA.IRS COMMITTEE and A bill ( S. 4715) granting an increase of pension to Elizabeth Ur. CAMERON, from the Committee on Military Affairs, E. Martin ; to the Committee on Pensions. to which was referred the bill ( S. 1483) to amend section 50 1h A bill (S. 47i6) for the relief of Michael Kelly; to the Com- and section 70 of the Articl~ of War, reported it without mittee on Naval Affairs. amendment and submitted a report (No. 1190) thereon. A bill ( S. 4717) for the relief of Charles L. Chaffee; 1\fr. BLEASE, from the same committee, to which was re A bill ( S. 4718) for the relief of Florenc·e Sullivan; and ferred the bill ( S. 4380) for the relief of Allen Nichols, A bill ( S. 4719) for the relief of Thomas Johnsen; to the reported it witllout amendment and submitted a report (No. Committee on Military Affairs. 1191) thereon. By Mr. HEFLIN: Mr. WADS WORTH, from the same committee, to which were A bill ( S. 4720) to relinquish to its equitable owners the title referred tlle following bills, reported them each without amend of the United States to the land in the claims of A. l\Ioro and ment and submitted reports thereon: of Anthony Campbell, in Jackson County, Miss. ; to the Com A bill (S. 4692) to amend the act approved June 1, 1926 mittee on Public Lands and Surveys. (Public, No. 318, 69th Congress), authorizing the Secretary of War to exchange deteriorated and unserviceable ammunition CHANGE OF REFERENCE and components, and for other purposes (Rept. No. 1192) ; and On motion of Mr. WADSWORTH, the Committee on Military A bill ( S. 4693) for the relief of sufferers from floods in the Affairs was discharged from the further consideration of tlle vicinity of Fabens and El Paso, Tex., in September, 1925 bill ( S. 4622) to authorize Capts. Walter S. Crosley and Paul ( Rept. No. 1193). P. Blackburn, United States Navy, to accept certain medals FUNERAL EXPE;l~SES OF THE LATE SENATOR CUMMINS from the Republic of China, and it was referred to the Com mittee on Naval Afl'airs. Mr. KEYES, from the Committee to Audit and Control the Contingent Expenses of the Senate, reported back favorably INVESTIGATION OF THE I~l>IAN OFFICE without amendment the resolution (S. Res. 283) to pay certain :Mr. COPELAND submitted the following resolution (S. Res. expenses incident to the funeral of the late Senator CuMMINs, 292), which was referred to the Committee on Indian Affairs: which was read, considered by unanimous consent, and agreed Resolved, That the Committee on Indian Affairs, or any duly author to, as follows : ized subcommittee thereof, is authorized to investigate all matters Resolved, That the Secretary of the Senate hereby is authorized and relating to the conduct, management, organization, and administration directed to pay from the contingent fund of the Senate the actual of the Bureau of Indian Affairs and all bl'ancbes and agencies of such and necessary expenses incurred by the committee appointed by the bureau. For the purposes of tbis resolution such cmnmittee or sub Vice President in arranging for and attending the funeral ()f the committ~ is authorized to hold bearings, to sit and act at such times 206 CONGR.ESSIONAL RECORD-SENATE DECEl\illER 10 and places, to employ such clerical and stenographic as~istants, to officers to collect taxes for the use and lx-nefit of their respective r equire by subprenu or otherwise the attendance of such witnesses counties, cities, and towns, and for other purposes.'' and the production of such books, papers, and documents, to administer The Territorial legislature or council on January 23, 1842, by a such oaths and to take such testimony, and to make such expenditures vote o.f 19 to 4, adopted a resolution denying the aut}lority of such as it deems advisable. The co t of stenographic services to report Territorial legislature "to pledge the faith of the Territory so as to uch -hearings shall not be in excess of 2;:) cents per hundred words. render the citizens of the Territory responsible for the debts and The expenses of such committee or subcommittee shall be paid from engagements of any corporation chartered by said Territorial legis the contingent fund of the Senate. Such committee or subcommittee lature." sha ll make a final report to the Senate as soon as practicable as to Furthermore, the journal of the Territorial legislature states thn t its findings, together with recommendations for such legislation as it the bond referred to were sold below par, which even under the acts deems necessary. purporting to authorize their issue rendered such bonds forever abso lutely null and void. Congress itself did not regard these bonds as MESSAGE FROM THE HOUSE-E..~ROLLED BILL SIG:-lED valid obligations of the Territory, as is sufficiently evidenced by the A message from the Hom;e of Representatives, by Mr. Halti fact that it admitted Flot·ida to statehood in 1845 without requiring gan, one of its clerks, annolmced that the Speaker had affixed the new State to assume the payment of these so-called Territorial hiR signature to the enrolled bill ( S. 2858) to fix the salaries bonds that never have at any time or in any manner been recognized of certain judges of tile United States, and it was signed by the as obligations of the State of Florida. Yice President. It may be interesting to note that $132,000 of the bonds issued in FLORIDA BQj'o,l) ISSLES 1857 by the State of Florida to aid in the suppre. ~ion of Indian hos Mr. FLETCHER. Mr. President, some reference has been tilities were liquidated in 1902 in the final settlement with the United made heretofore to the question of repudiating debts by certain StatP.s Go.vernment of the Indian war claims, the State receiving from States. Florida was mentioned in that connection. Florida the Federal Government at that time the sum of $679,698 over and has never repudiated any of her obligations. Some investiga above the said bonds, with accrued interest, which bad been held by the tion was made by tile Flori
ORDER OF BUSI.~ESS within the last few years, such as the Interior Department Building? Does the plan contemplate changing the location of Mr. HARRISON and Ur. SMOOT addressed tb~ C~a~r. that department, for instance? The VICE PRESIDENT. The Senator from MISSISSippi. Mr. S:UOOT. Not at all. To continue, for the Agricultural :Mr. HARRISON. Had the Senator from Utah given notice Department additional land and construction of an office build- that ·he would address the Senate at this time? ~~~~ - Mr. S::\IOOT. I had stated that I desired to do so. . Mr. FLETCHER. May I jnquire of the Senator whether :L\Ir. HARRISON. Very well; if the Senator has no. obJe? there is not sufficient land inside of the Agricultural Depart tion, I will follow him. I do not want to interfere wrth hiS ment grounds without purchasing more? plan. l\Ir. SUOOT. No. We intend to purchase three additional 1\lr. Sl\IOOT. I thank the Senator. blocks, and in my statement I will name the blocks. 1\Ir. REED of Pennsylvania. Will the Senator from Utah Liberty Loan Building: Two additional stories and remodel- yield to me to ubmit a request? ing, $375,000. . Mr. SMOOT. Certainly. Department of Commerce : Construction, land owned by the PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA Government, $10,000,000. Government Printing Office : Purchase of additional land, Mr. SMOOT. Mr. President, I am going to beg the atten $1,250,000. tion of the Senate for a short time this morning to lay before' This makes a total of $34,550,000 out of the authorization it as briefly as possible the plans outlined by the Pu.bli.c Build of the $50,000,000 appropriated to be expended within five years, ings Commission, indorsed by the Fine Arts Commrsswn, and or $10,000,000 per year. approved by the Treasury Department. The amount of the designations total, as I have stated, is I have upon the walls of the Senate Chamber a draft of the $34,550,000. Of course, this amount can not be expended dur buildin!ffi that will be included in the plan when completed. ing this fiscal year, but it ought to be expended during the When ~ompleted the employees in the District of Columb~a coming fiscal year. The Public Buildings Commission may will be housed in buildings owned by the Government. It will ask Congress to grant, out of the $50,000,000 authorized, this eliminate the payment of all rents that are bei~g paid in th.e amount to be expended within the first two yea.rs. They are District of Columbia at the present time, amounting to approXI not doing it, however, at the present time in the bill which I mately a million dollars a year. It will do away with all of introduced yesterday. I am quite sure that if this action is the shacks in which we have employees at the present time. taken the buildings can be erected at a reduced co t, much · They of themselves will fall down or become' so expensive to lower than if only the $10,000,000 is to be allowed each year the Government to keep in repair within a very few years that for the construction of the buildings. -something ought to be done as quickly as possible to relieve I quote from a letter addres"ed to me by the Secretary of the situation. the Treasury, Hon. A. W. Mellon, dated November 3, 1926, as It will relieve all hazards from fire. It will provide a place follows: for all the records of our Government-records of untold value. They will be taken care of, and at the same time we hope The .Archives, the Internal Revenue, and the Department of Com to be able to take care of the records of the early days of our merce are designated to be within the area bounded by Pennsylnmia Nation records which now are in such condition that if .Avenue,. B Street NW., Sixth Street, and Fifteenth Street. In the handled often will fall to pieces. They are kept now in damp same area it will be advisable, probably, to locate other Government cellars. Those records are invaluable to America and ought to building!', namely: The Department of Justice, the Department of be taken care of and put in places where they will not be Labor, the General Accounting Office, and the independent establish completely destroyed. In this great building program we have ments of the Government. provided for that to be done. . . I shall take time when I conclude this short statement to Under the provisions of the act of May 25, 1926, the Public point out the location of each of these buildings on the plan as Buildings Commis ion have designated the following projects now ~hown in the drawing'"' on the side walls of the Chamber. for the first year's program : · Archives: Additional land and construction, including stacks, Within this area the Government has already acquired the squares an estimated cost of $6,900,000. between Pennsylvania .Avenue and the Mall, Fourteenth and Fifteenth Internal revenue: Additional land and construction at an Streets, the square bounded by Eleventh, Twelfth, Little B and C estimated cost of $7,950,000. Streets, and the block bounded by Tenth, Twelfth, Little B, and B AO'ricultural Department: Purchase of economics building, Streets. This a.rea is available for the construction of department $325,000. I will say. to ~e. SE;nate that th.e autho?zati~n of buildings already authorized by Congress. the purchasing of this building was passed m the Suty-erghth The available sites in the remainder of the area will be required Congress, as I remember it. The building is completed, the for Federal activities now occupying private buildings or temporary Department of Agriculture is using it, and the price of $325,000 Government structures, so that all of the land included within the has already been appropriated by Congress to pay for the limits set by Congress must be acquired. Even if it were not possible to foresee the ultimate use of all of ·building...... Completion of central part of admimstrahon buildmg, Depart- the land, nevertheless it may be stated with conviction that the choice ment of Agriculture, $2,000,000. Senators will remember that the of the site for the buildings, the provision for parking space for auto winO's of the Agricultural Department main building have been mobiles, and of adequate road circulation and approaches to the build ings, and, in short, the economic and orderly planning of the area con~'tructed, but the central part of it has never been built. immediately required, can not be made unless the area is replanned as We ha~e assigned $2,000,000 of the $50,000,000 fund for the completion of the central portion of the administration build a whole for this purpose. It may well be urged, also, that unless all the land, with minor exceptions, is now taken by the Government, the ing for the Agricultural Department. construction of the new buildings and the removal of the market as Mr. FLETCHER. Mr. President, may I interrupt the Sen- proposed will induce a rise in values of the remaining land, making it ator? . The VICE PRESIDENT. Does the Senator from Utah yield .more costly to acquire. to the Senator from Florida? That is, more costly to acquire in the future. 1\ir. SMOOT. I yield. Mr. SlliTH. l\lr. President, I wi h to ask the Senator from Mr. FLETCHER. Are we to understand that all of these Utah·what departments are proposed to be hou ed on the area items will come within the $50,000,000? to which the Senator has referred? Mr. SMOOT. The items about which I am speaking now Mr. SMOOT. Nearly all of the departments other than those will come within the $50,000,000 authorized. which are housed in the Treasury building and the State, War, Mr. KENDRICK. Mr. President, may I ask the Senator a and Navy building, or what may be called t~e permanent _question? buildings now occupied by the Government. I w1ll s~y to the · Mr. SMOOT. Certainly. Senator, who was not present when I made my openmg state Mr. KE~~RICK. Does it occur that the Agricultural De ment that all other buildings which are now either rented by partment building, as it has been b~oun, falls within the proper the Government or which are temporary in character will be location for these plans of development 1 abandoned when this plan shall ha-ve been completed; in other 1926 CONGRESSIONAL RECORD-SENATE 211 words, when that sl1all be done it will take ('are of all the Twelfth and Thirteenth Streets NW., on blocks 292 and 293 ; that the Government employee ' and all of the Government activities Internal Revenue Building, between Twelfth and Tenth, B and C for at least the next 20 years. Streets NW., on blocks 324 and 350, and the Government-owned prop l\lr. SMITH. It is, tllen, proposed by this plan to have all of erty on which the Farmers' Market now is; that the site for the the Government activities contiguous to each other in one area? Department of Justice Building, between Pennsylvania Avenue and Mr. SMOOT. Yes. The proposition outlined in the bill which D Street, Fourteenth and Fifteenth Streets NW., on blocks 226 and I introduced on ye 'terday provides for the authorization of 227 be approved specifically; that the previous sites chosen by the an appropriation of $25,000,000 for the purpot:e of purcha ·ing commission in conflict with this arrangement be changed accord all of the land in the triangle which is bounded by Fifteenth ingly, and that the condemnation and purchase of all property in Street on the west, Pennsylvania Avenue on the north, B the sites named specifically· not now owned by the Government be Street on the south, and Third Street on the east, toward the authorized. Uapitol, together with blocks A. and B on the north side of A resolution was passed that the condemnation and purchase of Pennsylvania Avenue and blocks C and D south of Pennsyl the property on lots 263, 264, and 296 for the site of the Agriculture vania A venue-that is, beyond B Street. When I shall explain Department Buildings be authorized. tlle proposition as shown upon the chart now hanging upon A resolution was passed that the condemnation and purchase of tlle walls of the Chamber and state the reasons back of it, I property in squares 727 and 728, bounded by Maryland Avenue, East am quite sure the Senator from South Carolina will agree that Capitol Street, Fir t, and Second Streets NE., for the site of the it should be adopted. Supreme Court Building be authorized. l\Ir. SMITII. The bill which has been introduced by the Sen In view of the fact that some full and comprehensive plan is ator from Utah propo ·es an authorization for an appropriation requisite to the orderly arrangement of the future buildings to be in addition to what llas already been provided for by Congress erected in the District of Columbia, a further resolution was passed in our five-year project? that the commission request the President's approval of legislation l\Ir. SUOOT. Ye ·; the bill which I have introduced provides to authorize the condemnation and purchase of the entire triangle for the authorization· of an appropriation of . $25;000,000. · I ~nclud~ betw~n Pennsylvania Avenue, Fifteenth Street, B Street, will add that when I reach the proper point in my address I ~J.ld Thi:t:d Street NW., with _tl}e exc.eption of the property ruready am going to call the attention of the Senate to the amount at owned by the Federal Government or the District of Columbia and which the land proposed to be purchased is assessed to-day, square 256, at an estimated cost of $25,000,000. and I shall then make a few remarks relative to same. Mr. President, I haYe heard men intimate that $25,000 000 Secretary Mellon's letter continues: will not be sufficient to buy all of the property named by 'me. In the plan of future development of Washington the treatment of I feel quite sure that it will be sufficient, and in justification the great triangle of land south of PennsylviJ.nia Avenue to the Yall of the position which I take I wish to call attention to the will play an important part. The character, height, and design of the fact that I have had prepared figures showing the assessed great front to tile south, stretching from Fifteenth Street toward the value of the land and the assessed value of the improvements Capitol, must be carefully considered as a whole. It may be said to be upon every piece of land within that area. This is the result : the real frame or background of the l\-Iall, with its museum buildings The proposed plan will require the purchase of squares Nos. and memorials present and to come. Opportunity must be given to 256, 257, 258, 259, 260, 292, 293, 294, 295, 349, 350, 380, 381. 382, treat it as a whole in relation to the Mall. The problem of location 461, re~ervation A and reservation B. The assessed value of all of buildings to-day, although it involves difficulties, Is made less diffi of that land is $8,786,363, while the assessed value of all im cult by the existence of the general plan of the commission of 1901. pro-rements is $5,214,700. So the total assessed value of all of Correspondingly, the work in the future will be rendered easier and the property which I have just mentioned in the triangle less costly if the plans of to-day are made with foresight. wanted by the Government is $14,001,063. With this thought in mind, I am having a very comprehensive study Mr. COUZENS. Mr. President, will the Senator yield? made of this entire area, which study will include the prepRration of Mr. SMOOT. Yes. · sketches showing the proposed locations for nrious buildings housing Mr. COUZENS. What relation does the assessed value bear Government activities as they will appear when finally constructed to the real value? and giving an idea as to the extent to which they will affect neighbor· Mr. SMOOT. I will come to that in just a moment. The ing buildings when the entire program is completed. This study, which figures I have given were on the basis of the 1924 assessment. is being undertaken with careful consideration of the many details I am informed by the Commissioners of the District that on involved, is now approaching completion, and will, it is contemplated, the basis of the 1928 assessment there will be a 25 per cent be ready for presentation to your committee about November 25. increase, in which event the total assessed value of all the property mentioned will be $17,501,328.75. 1\lr. President, I will say to Senators that the plans which That is supposed to represent the actual value of the prop I am now presenting have been completed and the charts and erty; but I have added in my proposal an increase of nearly maps exhibiting them now hang upon the walls of this Cham 50 per cent on the $17,000,000. I am asking for $25,000,000. ber. I am quite sure it would be intere ting for every Senator Of course the bill as introduced is merely an authorization, to understand just what this proposition means not only to the and if the property can be pm·chased for less, either by agree Government but to every American citizen. I wish to live to ment or by condemnation proceedings, then the entire appro ..,ee the day, l\lr. President, when we shall have a great avenue priation authorized by the bill which I introduced on yester running from the west entrance of the Capitol west through day will not be used. I feel quite sure, however, in view of the Mall to the Washington Monument, then immediately west these figures that there is not any question of a doubt that ward to the Lincoln Memorial, then across the Memorial that property can be bought to-day for $25,000,000. Bridge to Arlington. I have drawings which I should like to I am going to take this oceasion, Mr. President, to notify have Senators examine, showing what a wonderful picture will publicly those who may be interested in property in the loca be presented when these plans shall ha~ been executed. In tion indicated-although they have already been notified fact, Mr. President, this, when completed, will be the most through the press-that the Government of the United States beautiful aYenue in all the world ; there is not any question more than likely will buy the property and that it would be of that, if this plan shall be carried out. I may also remind well to abandon all of the schemes that are now being set Senators that this is the original plan evolved by !'Enfant on foot by some owners. years and years ago, which, when completed, will make Wash Three such schemes have been brought to my attention of ington the most beautiful city in the world. late. They are of this character : Certain property owners nre On November 19, 1926, as chairman of the Public Buildings undertaking now to make leases upon property which is al Commission, I addressed a letter to the Secretary of the ready under lease under which the amount of the rent will be Treasury, reading as follows: more than double what has been. paid in the past, thinking According to section 6 of the public buildings act, approved May perhaps that that factor would be taken into consideration in 23, 1026, the Public Buildings Commission is to decide the sites upon condemnation proceedings. I do not believe that any court which the public buildings of the District: of Columbia, under the would take into consideration any such action as that after above act, are to be erected, and also determine the order in which the public has been given notice that tile Government of tlle the buildings and enlargements of builuings in the District of Colum United States is going to buy the property. To the three indi bia, under the provisions of said act, shall be constructed. viduals who have come to me in regard to this question I have At a meeting of the Public Buildings Commission held November 17, said that, so far as I was concerned, I would oppose any such 1926, a resolution was passed by the commission that the proposed proceeding, and that if I were in their place I would not change plan presented by the Secretary of the Treasury for the new public the existing conditions of their property in the least. If the buildings be approved in general, and that the site for the Department Secretary of the Treasury and his assistants can not agree with of Commerce Building, between B and D Streets, Fourteenth and Fif the owners upon the price of the prope1·ty, then all they will do teenth Streets, NW., on bfocks 228, 229, and 230: that the site for will be to institute condemnation proceedings and let the courts the Archives Building, between Pennsylvania Avenue a.nd C Street, say just what the price shall be; but I am sure that under the 212. CONGRESSIONAL RECORD-SENATE DECE~IBER 10
howing that is made the whole property can not cost more Mr. President, I have been asked b~ se"feral Senators what than $25,000,000, and I think the amount will be less. is the appraised value of the land that is owned by the United Mr. COUZENS. Mr. President, will the Senator tell me why States within this triangle and that owned by the District of the word "purchase" is put in here-why means are provided Columbia. I have had that information prepared, and I will for sectll'ing the property "by purchase, condemnation, or other- simply give, not each plot, but the value as a whole. wise"? Why is it not better to have one means of acquiring The appraised value of the land owned by the United States the property rather than to say "by purchase, condemnation, or to-day within that area is $7,586,954. The appraised value of · otherwise.,? the improvements on the Government land is $4,979,300, or a Mr. S:\IOOT. I will say that in·maldng purchases in the past total appraised value of $12,566,254. That is on the basis of the owners of property in the District have been rather inter- the 1924 as~essment. On the tentative basis of 1928 it would ested in reac.bing an agreement without being haled into court. be $15,707,817.50. Of course, we know that the Secretary of the Treasury or the The appraised "falue of the property owned by the District commission will not agree upon a price for land unles_s men of Columbia on the basis of the 1924 assessment is $1,228,336, who are well ver::;ed iu values say that that is what the land and the value of the impro-rements is $2,569,500, or a total is worth at this time-not the prospective price, but what it is appraised value of $3,797,836. worth to-day. If we can do that it will save taking the men In other words, the Government owns about three and one into court and save time, and that is the only reason for word- half times the value of property and improvements that the ing the provision in this way. I am ·quite sure that a great District of Columbia owns within this area. many condemnation proceedings will be bad. Mr. FLETCHER. Mr. President, that means, then, that alto- Mr. KE..!.'\'DRICK. :Mr. President-- getber there are public properties, lands, and buildings and The VICE PRESIDEl\"T. Does the Senator from Utah yield improvements in that area amounting to o-rer $15,000,000 that to the Senator from Wyoming? escape taxation entirely? Mr. SMOOT. Yes. Mr. SMOOT. Yes. We do not tax the property of the ur. .KEI\TDRICK. I de ire to ask the Senator if no confer- Government nor the property of the District. ences baye been held between the property owners and those Mr. FESS. Mr. President, do the estimates include any- authorized to speak for the Government? thing outside of the triangle? Mr. SMOOT. Not as yet. In fact, we • 1926 CONGRESSIONAL RECOR.D-SE:NATE 215 Mr. McNARY. A parliamentary inquiry, Mr. President. I blll would be to greatly increase the claims of patentees against the thought when the senior Senator from Utah '[Mr. SMooT] Government, which already amount to upwards of $800,000,000. Pay. retired from the floor that it was understood we should take ments already made by the Government might have to be repeated for up the calendar under Rule VIII. the terms of the patents extended under this bill. The PRESIDING OFFICER. The Senator from Kentucky · These representatives further emphasize that this bill proposes a [Mr. ERNST] is now asking unanimous consent for the radical departure from the long-established policy of our patent sys present consideration of a resolution which he is explaining. tem, and point out that there has been no extension of patents granted As soon as that matter shall have been terminated the Chair during over 60 years past. Further, that such a step establishes a will direct the Secretary to proceed with the call of the dangerous precedent and should be carefully guarded, and should be calendar. made only after full public hearings of all those whose interests may Mr. McNARY. The Senator from Kentucky is making a be a.fl'ected. speech of goodly length, I should say. In view of the foregoing your committee i5 of the opinion that the 1\!r. ERNST. Oh, no; it is not, i\Ir. President. bill should be withdrawn and that bearings should be bad in which These representatives urge these further objections to the full opportunity may be given to all those who desire to be beard. bill: Respectfully, RICHARD P. En~S'l'. First. The bill is unfair, since for patent extension it gives the HENRIK SHIPSTEAD. same reward to men dishonorably discharged as to those honorably E. S. BROUSSARD. discharged or- still in the service. Ill D. SMITH. Second. '.rhe bill provides that the patent shall have the same effect G. W. NORRIS. ln law as though it had been originally granted for 17 years, plus JESSE H. METCALF. the term of such extension. No provision is made for special defenses against these extended patents. The bill ought to provide that the It will be seen that the statement is signed by all but one facts of service, beneficial interest, and income unaffected by such member of the committee. service, if proven against the patentee, should be a defense to the ~'he PRESIDING OFFICER. Is there objection to the re extended period. quest of the Senator from Kentucky for the present consid Third. The bill provides that this extension is to be granted only eration of the resolution which he has explained: to the "patentee." The patentee frequently is not the inventor, l\Ir. DILL. l\Ir. Pre ·ident, I understand that it would involve and there is nothing said as to the intere t in the extension of a a su~pension of the rules to adopt a re~olntion of this kind at licensee under the original patent or of an assignee of part of the this time. ~'he argument that is presented here is an argument, patent. The bill is silent as to who shall reap the benefits of the of course, against the pa. ·sage of the bill. The bill wa.s con extension. sidered in the committee at some length and was passed in goou Fourth. A fee for the granting of the extension should be provided faith. I think that before action is taken the statements which to meet the increased Patent Office expenses. have been made here should be printed in the RECORD, in order Fifth. The only proof to be filed in the Patent Office under the that Senators may see them. I silall, therefore, object to tile bill is proof of service. The applicant should be required also to prove present consideration of the re ~ olntion: under oath his beneficial interest and that his income from the patent The PRESIDING O],FlCER. The Senator from Washington was not diminished by the service. Antl opportunity should be given objects. to the interested pul.llic (including other service men) to oppose any Mr. DILL. I object for the pUl'pose of having this matter application for extension. printed in the RECORD in order that it may be given some Sixth. "Unaffected by the service" is an unfortunate expre sion, con.-_;ideration. as its significance is not clear. One whose income was increased by 1\Ir. ERN'ST. I ask the Senator to withdraw his objection his service could obtain an extension of his patent. · for thi rea on: The bill is now awaiting the signature of the Seventh. The term "armed forces" is so indefinite as to lead to President of this body. He will sign it to-day unle ·. the Senate lltigation. For it should be uhstituted a more certain definition. take· action; and it wa.· for that rea:5on that I asked immediate Eighth. The bill neglects the status of the patent during the consideration of the resolution. I hope th'e Senator from Wash war and only requires the original patentee to "still have a beneficial ington will withdraw his objection, in order t11at a full hearing intere t" at the time the extension is applied for. It may thus be may be granted upon the bill. possible for any patentee, who for a cash' sum had sold his patent I wish to say further that tile men who ap11eared before the even before the war and reaped all the benefit, to buy back collusively committee came with no selfish interest; they were concerned or to take for a nominal sum a ~mall interest in the patent for the over the bill, and they thought that it would be a calamity to purpose of obtaining an extension which he may then sell to the pass it in its present shape. original purchaser or another and so get a longer monopoly against l\Ir. DILL. l\lr. President, the Constitution has made ample the public with no basis in equity or justice. A patentee who sold provision for the protection of the public against the pas age of his patent before the war may now buy it back and engage in a laws that are found not to have been wise. The President has new speculation at the expense of a public overburdened by his ill the power to veto this bill. I do not see the necessity of gotten extended monopoly. recalling a bill which has reached this stage. For that reason Ninth. The bill contains no provision whatever to save the rights of I think the matter ought to be considered. I do not see why those (who may_ them-elves be war-service men) who have made, the Yice President need sign the bill to-day. I shall not object perhaps, large investments and developed great business enterprises to this subject coming up to-morrow, but I do think the state unuer rights granted for the original normal term of the patent but ments ought to be printed in the RECORD so that we may have who have no rights in any extended term, nor to save the rights ot some opportunity to consider them. the public to manufacture, use, and sell after the date of expiration l\Ir. ERNST. The Vice President just tated before he of that original term. left the chair that unless the Senate acted to-day he would Tenth. The bill does not p1·otect the rights of those-who may sign the bill. themselves. be service men-who in anticipation of the early expira :Mr. DILI1. The Senate may recall the bill to-morrow, I tion of the patents may have made investments in preparation for take it. business after the dates of expected expiration. l\Ir. ERNST. I do not · think tile bill can be withdrawn Eleventh. Many later Improvement patents-possibly issued to other unless it is withdrawn to-day. That is my understanding of service men-will have their entire period dominated by the extended the law. term of the ba ic patent, and so the improver will rea.p no reward for Mr. l\IOSES. Oh, no, l\Ir. President; we can request the his work. The bill should make some equitable adjustment of this. President to return the bill. Twelfth. Wba t is the meaning of " beneficial interest " in the above The PRESIDING OFFICER. The Senator from Washington phra e? Do those words have a strict technical meaning so as to objects, and the resolution will go over under the rule. apply only to an equitable interest in the legal title? If they have this technical meaning, they would exclude an inventor who has sold USE OF RADIO WA-VE LEXGTHS the patent or. right to patent reserving a royalty or reserving any· l\Ir. DILL. Mr. President, I ask nnanimou consent to havo thing less than an equitable interest in the legal title such as would printed in the RECORD the decision of Judge Wilson in the ca e support an action in equity for the legal title. of the Chicago Tribune against Oak Leaves Broadcasting Sta· In conclusion your committee desires to state that Assistant At· tion (Inc.), and others, on the subject of the use of radio torney General Galloway stated to the committee that while the wave lengths. It is the first decision of its kind, and I think Department of Justice took no position with respect to the bill, be was for that reason will be very informatiYe to tlle Senate. not able to state how the exten ion of patents might affect Government Tbe YICE PRESIDENT. Without olJjection, it is so ordered. intere t. lie suggested that probalJly the result of tbe pas_age of the The dec-ision is as follows: 216 CONGRESSIONAL RECORD-SENATE DECE1\IBER 10 In the circuit com·t of Cook County, m over radio can set such dials or indicators at particular points ani! The Tribune Company, a corporation, complainant, v. Oak Leaves hear the particular broadcasting station over the particular wate Broadcasting Station (Inc.), a COI'poration, Coyne Electrical School length that they desire. (Inc.), a corporation, and J. Louis Guyon, defendants. - Fmther charges that the users of Mldios have become familiar with the different wave lengths and broadcasting stations designated by the (Hon. Francis S. Wilson, chancellor) particular letters employed and that this !act ts of value to the DECJSIO~ OF JUDGE WILSON ON DEFE~DANTS' MOTION TO DISSOLVE 'f'EM broadcaster because the public has been educated to their particnlnr rORARY INJ'CNCTION wave length and their particular designation. The CouRT. This matter comes be!o-re me on a motion on bill and The bill also charges that knowledge of this particular wave length answer filed bcre1n to dissolve a temporary restraining order granted by a broadcaster is of great value to the broadcaster becau e the Odober 9, Hl26., restraining the defendants tr"om broadcasting over the person receiving tlu'ough the radio has been educated to know where same wave length as that employed by the complainant, or from broad to place his dials or infficators in order to receive a particular station casting over a wave length in such close proximity thereto as to cause and that the public generally in the locality of the complainant llos interference with the broadcasting station of the complainant. become familiar with the wave length of the complainant and that it!f The original order '\Yns entered upon the sworn bill of the complain· loss by interference would work great damage to the complainant. ant filed herein October 9, 1926. A petition was filed by the defendants The complainant further· charges that on the 14th of December, 1925, asking that the said cause be removed to the Federal court, and the it did, and ever since then has, broadcast on a sending wave length prayer of the snid petitjon wns granted. Subsequently, after a hearing of 302.8 meters (the kilocycles churacteristle of such wave length in the Federal Court for the Northern Disbict of Illinois, the said being 990) and that it broadcasts from both the Drake Hotel and cause was remanded to this court, and thereupon the defendants filed from it'3 Elgin broadcasting station and that, at tbat time, no other the-ir seveT3l answers herein, and this cause is now before me, as here broadcasting station in the city of Chicago or in the entire StatP of inbefore stated, on the motion to dissolve on bill and answ·ers thereto. Illinois was using said wave length or any wave length sufficiently near The bill very briefly charges that the complainant is and bas been to interfere with complainant's broadcasting and that this fact was for some time a corporation organized under the law-s of the State of generally known to the public and that the public had access by Illinois, with its principal place of business in the city of Chicago, and reason thereof to the progr::uns of the complainant as broadcast over Ls engaged in the publication of a newspaper known as the Chicago the same wave length from the two broadcasting stations and which Daily Tribune, nnd that it has an average daily paid circulation of programs were announced at dtil'erent periods of time by arrangement several hundred tb.onsand subscribers. of the complainant. It furt11er charges that since March 29, 1924, it bas been engaged Further charges that the complainant has expended large sums of in broadcasting by radio of daily programs of information, amusement, money during said period of time in the building up and betterm('nt ancl enterta.inm<.'nt to the general public, and particularly to that part of said broadcasting stations and in the furnishing of high-class talent of the ge-neral public residing in and in the vicinity of the city of for its programs and in the payment of salaries and expenses in its Chicago, and for that purpose the complainAnt operates an apparatus business of broadcasting. generally known as a broadcasting station located on the Drake Hotel The bill further charges that the compla.innnt is, and has been iuce and another such broadcasting station operated near the city of Elgin. it first engaged 1n broadcasting, duly licensed by the Secretary of 1'be bill further charges that it bas been the custom for several years Commerce of the United States to operate and broadcast from saJd for persons engaged in broadcasting to designate their certain stations stations and bas complied with the act of Congress of August 13, 191~ by certain combinations of letters known as call letters, and that these entitled "An act to regulate radio communication." call letters sene to enable persons using radio receiving sets to identify That the defendants, the Oak Leaves Broadcasting Station the particular station, and in this instance the complainant has been (Inc.), and the Coyne Electrical School (Inc.) are corporations exi t using the letters WGN, which stand for the abbreviation of the ing under and by virtue of the laws of Illinois, and that the defendant, World's GreatE'St NewRpaper, which appears to have been adopted by Guyon, is a resident of Chicago, Ill, engaged in business in said city the complainant as a sort of trade name indicating the Chicago Da.ily under the name of Guyon's Paradise Ball Room, and operates a dance Tribune. hall in the city of Chicago. It is further charged ln the bill tb.c'lt it is the custom tor such news The bill further charges that the broa.dcasting station, heretofore patJers owning and operating broadcasting stations to make announce used and operated by the defendants, Oak Leaves Broadcasting Station ments of their progru.ms in the daily editions of the paper, and that the (Inc.), and Coyne Electricnl School (Inc.), which had been operated complainant has, since March 29, 1924, used the designation WGN, fram Oak Park, a suburb of the city of Chicago, was moved to 1!!4 and further charges that its program 1s of a high-class character, and Nor.th Crawford Avenue, where Guyon's Paradise Ball Room is located, that by reason of its broadcasting it has built up a good will with the and is being now operated from that point, and charges that the said public, which is of great value to the complainant, in that it has defendant, Guyon, became the owner and operator of said broad c a~;ting enhanced the yalue of the newspaper and increased the profits. station and that the other defendants have some interest in said Further charges, on information and belief, that the number of station which 1s unknown to the complainant, but which is charged to persons who listen in to the said broadcasting of the complainant is be true on information and belief. in excess of 500,000 and that these persons are e!lucated to listen in The bill further charges that said station of the defendant,· had or tune in on the wave length of the complainant for the purpose originally used a wave length of 226 meters (1,330 kilocycles) und of bearing and enjoying the programs so broadcasted. had a license issued by the Secretary of Commerce to use said wave The bill further charges that, when two stations are broadcasting length and that, later, it changed its wave length to, 240.9 meters on the same or ne.'lrly the same wave length, the result will be that (1,200 kilocycles), which it continued to use until on or about 'ep the users ot the radio will either hear one o! the stations to the tember 7, 1926, and further chru·g·es that the defendants had never exclusion of the other or hear both of the stations at the same time, enjoyed any considerable degree of the good will of the public, nor was wWch will cause confusion to the listener, or will hear one to the it POl)ular with the users of radio receiving sets, but was comparatinly exclusion of the other but accompanied by a series of noises, such unknown in Chicago or its Yicinity. as whistles and roars, which render the program practically useless. That on or about September 7, 102G, the said Guyon's Paratli:3e The llill further charges that for several years the broadcasting in Broadcasting Station, used and operated by the defendants, cllanged its the United States and Canada has been done on sending wave lengths sending wave length to a wave length either the same as that of tlw varying from 201 meters to 550 meters, inclusive, the United States complainant (1. e., 302.8) or one baYing a frequency of considernbly Govemment, by an enactment of Congress, having forbidden to private less than 50 kilocycles different than that of the complainant, nnd: and coiD.llWrcial broadcasters the use ff!. wave lengths from 601 meters that it is now using said wave length and has from that time until to, 1,600 meters, and the use of wave lengths under 200 meters because the date of the filing of the bill herein. and that it has no special of the impracticability of the usc of said wave lengths under 200 license or special authority, but bas a general license, dated Octo meters by reason of natural causes and because of the fact that ber 5, 1926, authorizing it to use and operate Guyon's Paradise Broad this field is open to amateurs and used by a large number ot the casting Station, and that this license was issued to, and that the grn same. era.l license was issued to, the Oak Leaves Broadcasting Station, but Furthermore, that most of the ra~o receiving sets are so constructed that neither o! the other defendants has any license to operate Sl.lcll as to be adapted to the receiving of broadcasting within this banu of a station. wa;e lengths included above the 200 meters and under 500 meters. The bill further charges that the defendants llave, since Septcruber 7, The bill further charges that the sending waves used by broad 192G, used the said new wave length during the hours of the uay casting stations are also classified by the number of kilocycles denoting when complainant is broadcasting, and that by reason thereof said the frequency of vibration per second characteristie of each wave. broadcasting by the snid defendants has interfered with and destroyell The higher the wave length the less is the number of kilocycles, and complainant's broadcasting to the public in the city of Chicago anu a definite number of kilocycles is characteristic of each wave. throughout the region where complainant's newspaper circulates, and Further cllarges that the radio receiving sets in general use In the that by reason thereof ra.dio receivers have been unable to hear the United States nnd Canada are scaled and marked with numerical programs of the complainant, and that if it is allowed to continue it divisions and that by menus of dials or indicators persons receiving will work incalculable damage and injmy to the good will of the com· 1926 CONGRESSIONAL RECORD-SENATE 217 plainant's broadcasting, and consequently will injure the drcnlation of The defendants further charge that they have invested large sums the complainant so tar as its newspaper is concerned and deprive It of of money in and about their plant and will suffer damage in the event great profits. the temporary injunction heretofore issued should not be dissolved. Further charges that there are other wave lengths which are usable The facts in this case, as charged by the bill and admitted by the by the defendants and that this wave length can be changed with answer, together with the additional facts set out in the b-ill as mat practically no expense and within a sho.rt period of time. ters of defense, disclose a situation new and novel in a court of equity The bill prays for an order restraining the defendants from broad and a consideration of the law applicable to the facts requires an under casting from said station in such a manner as to interfere with the standing of the present conditions for the purpose of ascertaining broadcnsting of the complainant, and more particularly from using any whether or not the old adage of " Old laws should be adapted to new wave length within 100 miles of the city of Chicago having a frequency facts " should be applied and for that reason a short statement of gen of less than 1,040 kilocycles per second, or more than 940 kilocycles per eral exi&'ting conditions is not out of order at this time before consid second, charging, in effect, that any wave length within that designated ering the lega.l and equitable aspects of the cause. number of kilocycles would necessarily cause an interference with the It is a matter of genern.I knowledge that in the last few years broadcasting of the complainant. there has grown up in the United States, as well as abroad, a well The answer filed in this case admits practically all the allegations of recognized calling or business known as broadcasting which consists the bill as to the opet•ation of a broadcasting station by the complainant in sending from a central station, electrically equipped, programs of and admits the allegatio.ns of the bill of the complainant in regard to music and amusement, speeches by men of prominence, news of the the use of the letters WGN, and that they have become known to the day and items of interest taking place in the world, and that these users of radio receiving sets in the city of Chicago, but says they have various programs are received by the public over radio receiving set.s no k-nowledge of any good will or popularity achieved by the co.m which have been installed in homes, hotels, and various other places, plainant by reason of said broadcasting. and that a large industry 'has grown up and developed in the making The answer, however, denies that tuning in on a particular broad and manufacturing of radio sets, so that in the United States, at this casting station is only possible and successful when there are no other time, there are millions of dollars invested by the public at Iar"'e stations broadcasting in or near the same 'icinity on the same or nearly which has made the investment for the purpose of and Witb th~ the same sending wave length, but charges that when broadcasting knowledge that they could receive these programs, speeches, and items stations are properly operated and receiving sets properly constructed of interest from various broadcasting stations located in various parts and operated it is pos 1ble fo.r the operators of a raUio receiving set to of the United States and in other countries. tune in on one broadcasting station and tune out others, even though It might also be stated that, so tar as broadcasting stations are the station tuned in and the station tuned out are operating on nearly concerned, there has almost grown up a custom which recognizes the the same wave length and with the same degree of power, except where rights of the various broadcasters, particularly in that certain broad said broadcasting stations are geographically located close together, in casters use certain hours of the day, while the other broadcasters· which event it is sometimes impossible to tune out one and tune In remain silent during that particular period of time. Again, in this the other, and that is particularly true where receiving set is in close particular locality, a certain night is set aside as silent night, when proximity to. one of the two broadcasting stations. all local broadcasters cease broadcasting in order that the radio receiv The answer further charges that this inability to tune in or ont iS ers may be able to tune in on outside distant stations. also sometimes affected by reason of the proximity of electric power Wave lengths have been bought and sold and broadcasting stations plants, steel buildings, atmospheric conditions, and the like, but admits have changed hands for a consideration. Broadcasting stations have that when two stations are broadcasting on the same wave length con con'tracted with each other so as to broadcast without confltct fusion will follow, but denies that confusion will follow when one of lng and In this manner be able to present their difl'erent programs the two broadcasting stations is using a wave length the frequency of to the waiting public. '.rhe pubtlc itself has become ectu·cated to the which is separated by as much as 40 kilocycles per second from the use of its receiving sets so as to be able to obtain certain particular frequency of the wave length of the other broadcasting station. items of news, speeches, or programs over its own particular sets. The answer admits the general allegations in the bill in regard to the The theory of the bill ln this case is based upon the proposition fact that practically all the commercial broadcasting stations are using that by usage of a particular wave length for a considerable length of wave lengths varying from 201 to 550 meters, and further admits the time and by reason of the expenditure of a considerable amount of other general allegations in -the bill in regard to the usage of wave money in de>eloping its broadcasting station and by usage of a par lengths. ticular wave length educating the public to know that that particular 'Ihe answer further admits that where a broadcasting station is wave length is the wave length of the complainant and by furnishing operating on a wave length the frequency of which is within 50 kilo programs which have been attractive and thereby cattse a great number cycles per second of the number of Kilocycles per second character of people to listen in to their particular programs that the said com istic of the wave length of the first station, that some interference will plainant has created and carved out for itself a particular right or result, but that such interference is natural where stations are oper easement in and to the use of said wave length which should be recog ated in close proximity one to the other, but that where two broadcalit· nized in a court of equity and that outsiders should not be allowed ing stations in the same locality are properly con tructed and operated thereafter, except for goM cause shown, to deprive them of that right and the wave length employed sharply defined and the pov.-er of said and to make use of a field which had been built up by the complainant stations substantially equal there will be no appreciable interference by at a. considerable cost in money and a considerable time in pioneering, the stations if they are separated by 40 kilocycles. The defendants, in effect, rely upon the fact and claim that by the The answer admits that the broadcasting station known as WGES passage of the act of Attgust 13, 1912, entitled "An act to regulate has, since about May 13, 1926, been jointly owned by defendant, Oak radio communication," passed by Congress, the United States Govern Leaves Broadcasting Station (Inc.), and the defendant, J. Louis ment has taken over the control of broadcasting stations and that, Guyon, but charges that the said J. Louis Gu;yon is described in the therefore, the questions herein involved become questions of interstate license issued October 5, 1926, as the sole owner of the said station. commerce and that a State court has no jurisdiction to pass upon The answer admits that on September 7, 1926, the said defendants' said questions or to grant the relief prayed for in the bill. station changed its wave length, but denies that they are broadcasting The defendants further insist that a wave length can not be made over the same wave length as that of the complainant, but state that the subject of private control and, further and lastly, that as a matter they are sending over a wave length which is removed 40 kilocycles of fact they are not interfering with the complainant by the use of from the wave length used by the complainant, and that said wave the present wave length employed by them from their broadcasting station. length used is 315.6 meters with a frequency of 950 kilocycles. The answer further admits that the defendant, Oak Leaves Broad In the view this court takes of this cause it would appear that the casting Station (Inc.), has, since about September, 1926, used first proposition to consider is the question of jurisdiction and in this and operated the broadcasting station described in the bill of com regard it is well to consider the act of August 13, 1912, this act being the only act which has any bearing whatever upon the question and plaint as Guyon's Paradise Broadcasting Station, but denies that they which was passed by the Congress of the United States on August 13, are drowning out the hearers of WGN, and state that, if such is the 1912. fact, it is because said complainant's broadcasting station is improperly constructed and operated. · This act provides : "SEC. 1. (License required for operating in United States.) That a The answer further admits that on or about September 7, 1926, person, company, or corporation within the jurisdiction of the United there was available to them a wave length of 249.9 metres with a fre States shall n~t use or operate any apparatus for radio communication quency of 1,200 kilocycles, but state that said wave length is not as a means of commercial intercourse among the several States or with desirable for the purpose of broadcasting and that its n~ would render foreign countries, or upon any vessel of the United States engaged in WGES or little or no value as a broadcasting station. interstate or foreign commerce, or for the transmission of radiograms And further sets forth that there are other wave lengths which or signals the effect of which extends beyond the jurisdiction of the would be usable by the defendants, but states that their use would State or Territory in which the same are made, or where interference cause greater interference to other broadcasters than the interference would be caused thereby w~h the receipt of messages or signals from now caused to WGN by the use of the present wave length now em beyond the jurisdiction of t'fte said State or Terlitory, except under and pl~yul by them. in accordance with a license, revocable for cause, in that behalf granted 218 CONGRESSIONAL RECORD-SEN ATE DEOEl\l~ER 10 by the Secretary of Commerce and Labor upon application therefor: The license issued by the Department of Commerce and Labor does but nothing in this act shall be construed to apply to the transmission not constitute a right which can be used in violation of private rights, and exchange of radiograms or signals between points situated in the nor under equitable principles would it have the effect of granting a !lame State • •. Any person, company, or corporation that shall right to a person superior to one who bad previously acqu}red rights or use or operate any apparatus for radio communication in violation of interests by reason of user. The rights of private individuals to this section, or knowingly aid or abet another pt>rson, company, or cor private chil remedies, 1n spite of the passage of criminal statutes by poration in so doing, shall be deemed guilty of a misdemeanor, and on tbe Federal Government, is best exemplified in the line of cases known eonviction thereof shall be pun.ished by a fine· not exceeding $500, and as the Texas fever cases, where it has been held that from the enact the apparatus or deTice so unlawfully used and operated may be ad ment of Congress it must clearly appear that Congress had intended to judged forfeited to the United States. (37 Stat. L. 302.) take over the entire field of interstate commerce to the exclusion of " SEc. 2. (Form of license-persons entitled.) That every such license State law on that particular subject, and this must be so clear that it shall be in such form as the Secretary of Commerce and Labor shall would be apparent that there would be a direct conflict between determine aud shall contain the restrictions, pursuant to thiB act, on Federal legislation and State law. and subject to which the license is granted • • ." These particular acts of Congress related to the transporting of Section 3 contains a provision that operators shall be licensed. diseased cattle from . one State to another and provided for regulations Section 4 contains a provision giving the right to regulate stations. to be observed before the cattle should be transported, and the principle This right is enforceable under this section by the Secretary of Com of the rights of State courts to enforce the underlying law of the State, merce and Labor. except in cases where that right is expressly taken nway. This rule The regulations, pursuant to said act, provide: is ~ound in the case of Missouri, Kansas & Texas Ry. Co. iJ. IIaber, "First. Every station shall be required to designate a certain 1G9. U. S. 613; Reid -v. Colorado, 187 U. S. 137 ; Missouri, Kansas & de.fil;lite wave length as the normal sending and receiving wave length Texas. Ry. Company -v. Harris, 234 U. S. 412. To the same effect is of the station. This wave length shall not exceed 600 meters or it the holding of the United States Supreme Court in the case of Savage shall exceed 1,600 meters." -v. Jones, 225 U. S. 501, in its construction of the food and drug art of ·Regulation 15 of the act provides as follows : June 30, 1906, passed for the prevention of adulteration and mis " No private or .commercial station not engaged in the transaction branding of foods and drugs. of bona fide commercial business by radio communication or in experi This court is of the opinion, from its interpretation of the act of mentation in connection with the development and manufacture of radio August 13, 1912, that Congress did not intend to undertake to assume apparatus for commercial purposes shall use a transmitting wave the right to regulate broadcasting under its powers given it to regulate length exceeding ~eo meters, or a transformer input exceeding 1 kilo commerce and that, until such time as it does, litigants may enforee watt, except by pecinl autborlty of the Secretary of Commerce and such rights as they may have by reason of operating broadcasting Labor contained in the license of the station." stations in the State courts hav.ing jurisdiction of the per on of the Under the heading Penalties in said regulations it is pro-vided as parties. Having arrived at this conclusion, It necessarily follows that follows: the question to be determined is whether or not the complainant has "For violation of any of these regulations, subject to which a license such rights as would entitle U to the protection of a court of equity. under sections 1 and 2 of this act may be issued, the owner of the The bill alleges, and it is admitted by the answer, that the com apparatus shall be liable to a penalty of $100 • * •." plainant has been operating a broadcasting station in or near the city On July 8, 1926, Acting Attorney ~neral Donovan rendered an o:pin of Chicago since 1924, and that it has used the symbols WG~ dm·lng ion for the Department of Justice at Washington which in effect that time or during most of that period of time. advised the Depnrtment of Commerce that from his construction of the It is further charged in the bill, and admitted by the answer, that the act broadcasting stations coming within the prescribed band could not defendants were broadcasting prior to July, 1!)26, ov('r a wave length -be regulated except for the purpose of designating normal-wave lengths considerably removed from that used by the complainant. under regulation 1 and thnt the act conferred no general authority to It is further charged in the bill, and admitted by the answer, that fix hours of operation or to limit power; that any station might with on September 7, 1926, the defendants changed their wave l('ngth and impunity operate at hours and with powers other than those fixed in its began to operate their broadcastiDg station over a wave length within license, subject only to regulations 12 and 13 and to the penalties 50 kilocycles of the wave length employed by the CO!Dplainant. against malicious interference contained in section 5. While this opin It is charged in the bill, and denied by: the answer, that the (]('fend ion is not a. judicial interpretation of the act, it would appear to this ants at times operated over the same wave length as that employed by court that it 1B a co~rect interpretation, and, if true, there is nothing the complainant, or so nearly so as to render its broadcasting u, eless. contained in the act of Congre s of August 13, 1912, that would pr~ It is alleged in the answer that the defendants have not broadcasted vide against such use of wave lengths, except as contained in said over a wave length within 40' kilocycles of the wave length of the enactment and as so interpreted. complainant and that there has been no practical interference with the It appearing that Congress has made no provision for regulating the wave length of the complainant . use of wave lengths other ,than those provided in this enactment, and It is charged in the bill, and admitted by the answer, that the it further appearing that no provision is made therein for the protec complainant has spent large sums of money in the buildillg of a broatl tion of private rights, the question becomes one as to whether or not casting station and has been operating for a considerable length of under such circumstances the fundamental or common law of the States time in the city of Chicago or its vicinity and has hntl a large number will undertake, under proper circumstances, to protect the righfs and of listeners who have tuned in on their radios for the purpose of h('arjug interests of citizen.c; residing within the jurisdiction of the court, even the programs of WON. though Congress has undertaken to indicate its rights to control, where It is charged in the bill, and deni('d by the answer, that the purpose the only provisions for violation are penalties for violation of the act. of the defendants in having a waYe length so close to that of WON waB The act itself is purely criminal in its character and, under well-known in order to secure a large number of listeners who, by reason of tuuiug principles, it can not be enlarged or extended, but should be strictly 1n on the complainant's wa'"e length, would neces arily hear and construed so as to cover the cases provided for in the enactment and become acquainted with the broadcasting station of the defendant nud, none other. Tnere is a doubtful question as to whether, in view of the in this way, advertise the particular business in which the defenuant, language of the enactment, it is not intended to apply to stations Guyon, was interested. 'engaged in the use of apparatus for radio communication as a means Thousands of affidants ha"le been filed in support of both the bill of commercial Intercourse among foreign nations only and not to broad and the answer. casting stations broadcasting programs. In the view of this case, as ':fhe first question to determine, assuming that the allegations of tbe ibis court sees it, however, viz, that private rights are not covered bill are correct, is whether or not there is stated therein a cause of by the enactment, it will not be necessary to consider this phase of action which would entitle the complainant to the relief asked for. and, the law. m view of the fact that this cause is unique in that there is no prece Manifestly Congress has not undertaken by this enactment to as dent to guide this court in its determination, it necessarily follows sume the regulation of broadcasting stations under its constitutional that resort mtist be had to such analogous cases and equitable principles powers p.wviding for its right to regulate foreign commerce, except in as would be useful in aiding this court in arriving at a determination so far as it has provided in the enactment. Undoubtedly Congress of the question. will undertake to control the use of broadcasting stations under its In the first place, it is argued that there are no rights in the constitutional power at some time in tbe future and, in view of the air and that the law has no right or authority to restrict the using fact that it has the power to regulate communication between States, of wave lengths or to exclude others from their use. In an wer to it would probably also have the right to regulate broadcasting stations, this It might be said that Congress has already attempted to regulate even though not engaged in broadcasting from one State to another, the · use of the ait· in its enactment of August 13, 1912, by providing on the ground that the general subject was one which came within that only certain· strata of the air or ether may be used for broad the commerce clause of the Constitution. In order to make It effective casting purposes and, furtber, requiring persons to take out a licen e it neces arily follows that it would have the right to control others before tlley are permitted to exercise the use of the air or ether. engaged in the same line of operation, namely, in broadcasting, if such Moreover, it appears to this court that the situation is such from broadcasting should result in an interference with those stations the past development of the inuustry of broadca ·ting and ra OALL OF THE ROLL . The PRESIDING OFFICER. The bill will be passed over. Mr. GERRY. I suggest the absence of a quorum. The bill ( S. 2929) to authorize fhe refunding of certain evi The PRESIDING OFFICER. The absence of a quorum is dences of indebtedness issued by earners in interstate com suggested. The clerk will call the roll. . merce, and for other purposes, was announced as next in order. The legislative clerk called the roll, and the follo\Vlilg Sena Mr. HOWELL and Mr. GOODING. Let thnt bill go over. tor · answered to theil' names : The PRESIDING OFFICER. The bill will be passed over. Bayard George McLean Shortridge The bill ( S. 786) to amend the act entitled "An act for the Bingham Gerry :\lc."\fary Smith retirement of employees in the classified civil service, and for Bl~ase Gillett Mayfield Smoot other purposes," approved May 22, 1920, and acts in amendment Bratton Glass Metcalf Steck Brous ard Goff Moses Stephens thereof, was announced as next in order. Cameron Gooding Neely Stewart Mr. S~IOOT. l\Ir. President, I think this bill ought to be apper Gould Norris Swanson indefinitely postponed, as a similar bill that came from the Copeland Hale Oddie Trammell Couzens Harreld Overman Tyson House bas passed the Senate. The Senator from Oregon [Mr. Curtis IIarrison Phipps Underwood STAXFIELD] is not present, but I am going to ask that the bill Dill Heflin Pittman Wadsworth be indefinitely postponed, and when the Senator returns-- Edge Howell Ransdell Walsh, Mass. Edwards Jones, N.Mex. Reed, Pa. Walsh, Mont. :Mr. GERRY. 1\Ir. President, I can not bear the Senator from Ernst Jones, Wash. Sackett Weller Utah. Ferris Kendrick Schall Wheeler Mr. SMOOT. I say that I think the bill ought to be indefi Fe~s Keyes Sheppard Willis Fletcher McKellar Shipstead nitely postponed, as the Senate and the House have already acted upon a similar bill, and there is no need of keeping it on l\Ir. GERRY. I desire to announce that the Senat~r from the calendUI· . .Arkansas [Mr. RoBINSON] and the Senator from Georgia [Mr. HARrus] are neces:arily detained on business of the Senate. Mr. McNARY. Mr. President, my colleague [Mr. STA...~FIELD] .Also, that the Senator from Ma.I·yland [.Mr. BRUCE] is detained introduced this bill. He is ab ent, but will be here in a few days. Why not leave it on the calendar for the present? from the Senate by illne~s. . The PRESIDING OFFICER. Sixty-seven Senators havmg Mr. SMOOT. I am perfectly willing that that shall be done, although I am quite sure that the Senator's colleague will say answered to their names, there is a quorum present. The that be bas no objection to its indefinite postponement. Secretary will proceed with the call of the calendar. Mr. McNARY. I fancy so; but be will be here in a few days. BILLS, Jn'C., PASSED OVER The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 66) to provide for the establishment, operation, CARLOS TOMPKL."''S and maintenance of foreign-trade zon~ in po~ of entry of the United States, to expedite and encourage f~re1gn commerce, The bill ( S. 95) for the relief of Carlos Tompkins was con and for other purposes, was announced as next m order. sidered as in Committee of the Whole and was read, as follows: :Mr. BINGHAM. Let that go over. Be it enacted, etc., That in the administration of any laws conferring The PRESIDING OFFICER. The bill will be passed over: rights, privilege , and benefits upon honorably discharged soldiers, Carlos The bill ( S. 2839) for the relief of Capt. James ~· Merritt, Tompkins, who served as a member of Troop H, Second Regiment United States .Army, retired, was announced as next m order. United States Cavalry, shall hereafter be held and considered to have Mr. OVERMA...~. I. ask that that bill go over, unless some been discharged honorably from said service on the 20th day of May, Senator can explain it. , 1865 : ProvMea, That no back pay, pension, bonnty, or other emolument The PRESIDING OFFICER. The bill will be passed over shall accrue prior to the passage of this act. upon objection. The bill was reported to the Senate without amendment, The bill (.S. 3027) making eligible for retirement, under cer ordered to be engrossed for a third reading, read the third time, tain conditions, officer and former officers of the .Army of the and passed. United States other than officers of the Regular .Army, who incurred physical di ability in line of duty while in the service AMENDMENT OF IMMIGRATION ACT OF 1924 of the United States during the World War, was announced as Mr. REED of Pennsylvania. :Mr. President, I ask unanimous next in or<.ler. consent to return to House bill 6238, Order of Business 603. I Mr. METCALF. Let that go over. understand that the Senator from Utah [Mr. SMOOT] objected The PRESIDING OFFICER. The bill will be passed over. to it under a misapprehension. The bill ( S. 454) to prevent the sale of cotton and grain in The PRESIDING OFFICER. The Senator from Penn yl future markets was announced as next in order. vania asks unanimous consent that the Senate return to the Mr. W .A.DSWORTH. Let that go over. consideration of Order of Business 603·. Without objection, that The PRESIDING OFFICER. The bill will be passed over. order will be made. The bill ( S. 2584) to promote the development, protection, Mr. GERRY. I should like to have the bill read before we and utilization of grazing facilities on public lands, to stabilize go back to it. . tbe range stock-raising industry, and for other purposes, was The PRESIDING OFFICER. The bill will be read for the announced as next in order. information of the Senate. Mr. SHORTRIDGE. Let that go over. The legislative clerk read the bill. The PRESIDING OFFICER. The bill will be passed over. Mt·. JONES of Washington. :Mr. President, will the Senator The resolution ( S. Res. 188) to amend paragraph 2 of Rule state just what the effect of this bill will be? . XXXVill of the Standing Rules of the Senate relative to :Mr. REED of PeDILSylvania. The effect of it will be this: nominations was announced as next in order. It has been found that women married before the Cable Act Mr. JO~TES of Washington. Mr. President, the author of lost their .American citizenship on ~rrying an alien. They this resolution is not present, nor is the minority leader, so therefore have to come in as immigrants if they now return to I ask that it may go over. the United States; but under the immigration law every im The PRESIDING OFFICER. The resolution will go over migrant has to come in under the quota of the country in under the rule. which the immigrant was born, and there is no American quota. The bill ( S. 3840) to provide for the consolidation of car This bill merely allows .American-born women of .American riers by railroad and the unification of railway properties parentage who married prior to the Cable Act to come in as within the United States was announced as next in order. nonimrnigrants. It does not affect their citizenship at all. Mr. FESS. Let that go over. It allows them to come back to the land of their own and their The PRESIDING OFFICER. The bill will be passed over. parents' birth. It will apply to very few cases. It seems to The bill (H. R. 3821) to place under the civil service act the be a real hardship, which the committee unanimously agreed personnel of the Treasury Department authorized by secti~n 38 of the national prohibition act was announced as next m ought to be corrected. . Mr. wADSWORTH. Mr. President, may I ask the Senator order. 1\Ir. REED of Pennsylvania. Let that go over. from Pennsylvania-undoubtedly be has the information 'rhe PRESIDING OFFICER. The bill will be paesed over. whether there is not another immigration law amendment on The bill ( S. 2938) for the relief of the stockholders of the the calendar? First National Bank of Newton, Mass., was announced as next l\Ir. REED of Pennsylvania. There is another immigration 1n order. law amendment on the ~endar; yes. . . . l\fr. SMOOT. Let that go over. Mr. wADSWORTH. Can the Senator at thiS time pomt The PRESIDING OFFICER. The bill will be passed over. it out? The bill (H. R. 6238) to amend the immigration act of 1924 Mr. REED of Pennsylvania. Order of Business 1040, Senate was announced as next in order. bill 3574 would have the effect of amending the immigration Mr. SMOOT. Let that go over. law as to' the deportation of alien seamen. I do not recall 1926 CONGRESSIONAL RECORD-SEN ATE 221· any other bill on the calendar which would affect the imml· The bill (S. 3331) to provide for the protection and develop- gration act. ment of the lowa: Colorado River Basin was announced as Mr. WADS WORTH. 1\Ir. President, during the last ses next in order. sion of Congress I ofl'ered an amendment, and had it printed Mr. FESS and other Senators. Let that go over. and ordered to lie upon the desk until the bill I have in mind The VICE PRESIDENT. The bill will be passed over. was reached; and I should not want to have this bill dis· The bill ( S. 3473) to promote the agriculture of the United po ed of to-day unless I can resurrect that amendment. Per States by expanding in the foreign field the service now haps the clerk has it in his hands. Was. it offered to this bill, rendered by th·e United States Department of Agriculture in ac may I ask, Mr. President? quiring and diffusing useful information regarding agriculture, The VICE PRESIDE~'T. The amendment was offered to and for other purposes, was announced as next in order. this bill. Mr. BRATTON. Let that go over. Mr. WADSWORTH. Then I propose to offer the amend· The VICE PRESIDENT. ~'he bill will be passed over. ment now. BIT.L PASSED OVER The VICE PRESIDEXT. The amendment is pending to the The bill (S. 3889) to amend the interstate commerce act, as bill at this time. It bas been offered and is pending. amended, in respect of tolls o1er certain interstate bridges, was Mr. 'VADSWORTH. 1\!r. President, may I hale the atten announced as next in order. tion of the Senator from Pennsylvania? This is the bill-this .Mr. MAYFIELD. I ask that the bill may go over. number on the calendar, Order of Business 603-to which I The VICE PRESIDENT. The bill will be passed over. offered an amendment at the last session of the Congress. Mr. REED of Pennsylvania. I believe it is ; ye::::. BUREAU OF FOREIGN COMMERCE SERVICE Mr. WADSWORTH. And it is the pending amendment, as The bill (H. n. 3858) to establish in the Bureau of Foreign I understand. I am so informed by the Vice President. and Domestic Commerce of the Department of Commerce a Mr. REED of Pennsylmnia. l\lay we have the pending foreign commerce servite of the United States, and for other amendment read from the desk? purposes, was announced as next in order. The VICE PRESIDENT. Tlle amendment will be stated. Mr. BRATTO~. Let that go over. The LEGISLATIVE CLERK. On page 1, line 6, strike out the l\1r. 'WILLIS. Mr. President, I do not ask the Senator to words "word 'or'" and all of line 7 and the words "reads as withdraw his objection, becau:~e in the short time we have now follows," in line 8, and insert in lieu thereof tlle word we probably could not dispose of this bill, but I want to give '·following." notice that at the earliest possible moment I Rhall call up the On page 2, at the end of line 2, ._trike out the period, insert a bill. It is of very great importance to the business interests of semicolon, the word "or," and a new ubdivision, as follows: the country, ancl, so far as I know, there is no serious objection to it; but it could not well be disposed of this morning. (g) An immigrant who is the wife or the unmarried child under The VICE PRESIDENT. 'l'he bill will be passed over. 18 years of age of an alien legally admitted to the United States prior to July 1, ln24, for 11ermanent residence therein, who bas de BIT.LS PAS SED OVER clared his intention in the manner provided by law to become a The bill ( S. 4106) to authorize and direct the Secretary of citizen of the United States and still resides thert>in at the time of the 'Var to execute a lease with the Muscle Shoals Fertilizer Co. filing of a petition under section n: Prov-ldecl, That such wives and and the Muscle ~lloals Power Distributing Co., and for other minor children shall apply ·at a port of entry of the United States in purposes, was annowlCed a~ next in order. pos.:e sion of a valid unexpired nonquota immigration visa secured l\lr. McKELLAR. Let that go over. at any time within one year from the date of the passage of this act: The \ICE PRESIDEN'l'. The bill will be passed over. Pt•orided f·twther, That the number of such wives and minor children The bill ( S. 2081) placing certain noncommissioned officers admitted as nonquota immigrants shall not exc~d 35,000, the dis in the first grade was announced as next in order. tribution thereof to be apportioned equitably among the various na Mr. SMOOT. Let that go OYer. tionalities on the basis of the number of relatives petitioned for by The VICE PRESIDE~T. The bill will be pas. ed over. such aliens resident in the United States, under rules and regulations MATERl\TfY Al\l> l?-;'7ANCY to be prescribed by the Secretary of Labor. Tlle bill (H. R. 755Q) to authorize for tbe fiRcal years ending :Ur. REED of Pennsylvania. Mr. President, I do not desire June 30, 1928, and June 30, 1929, appropriations for carrying to di cuss the amendment, but I hope it will be voted down. out the provisions of the act entitled "An act for the promotion 1\Ir. WILLIS. 1\Ir. President, this is an important matter, of the welfare and llygiene of maternity and infancy, and for and I object. other purposes," approved No1ember 23, 1921, wa · announred ns The VICE PRESIDE'XT. Objection being made, the bill next in order. will be passed over. Mr. WADSWORTH. Let that go over. J AMES C. &\SKI~ The YICE PRESIDE~T. The bill will be passed over. The bill ( S. 2279) for the relief of James C. Ba ~ kin wa Mr. SHEPPARD. :llr. President, it is quite evident that considered as in Committee of the Whole. :ufficient time i. · not antilable before the unfinished busine. s The bill had been rt>ported from the Committee on Military comes up for a proper cli~::cusRion of this measure, and I shall Affairs with an amendment, to strike out all after the enact not make a motion to take it up, despite the objection. How ing clause and to in ert : ever, I give notice that a motion will be made to take up this That in the administration of any laws conferring rights, privileges, me a~ure at the earliest pos._ible moment. It has been recom and beuefits upon honorably discharged officers, their widows and de mended by the Budget and the President and has been passed pendent relatives, James C. Baskin shall hereafter be held and con b:v the Hou;o;e with an overwhelming majority. It merely sidl'red to have been dle:charged honorably from the militat·y service atlthorize;-; appropriations -which will continue the operation of of the United States a · a first lieutenant of Infantry on the 18th day the existing law on the subject of maternity and infancy for of June, 1919. two years. The amendment was agreed to. FEDERAL RESERYE PEXSIOX FUND The bill was reported to the 8enate a amended, and the The bill ( S. 3657) to in_Qorporate the Federal re . ~erve pension amendment was concurred in. fund. to define its functions, and for other purpm:es, was con The bill wa · ordered to be engrm::~ed for a third re~ding, sider.ed as in Committee of tile "nole. read the third time, and passed. l\Ir. McLE.il\. l\Ir. Pre.. ident, I hope we mar ha\e action on the bill at this time. It merely authorizes the Federal re BIT.LS PAS SED 0\ER ser\e banks to establish a pen ion system for their employees. The bill (S. 62) for the allowance of certain claims for As the Senate knows, we have already established a pension indemnity for spoliations by the French prior to July 31, 1801, sy tern for our Foreign Service and for our civil senice. The as reported by the Court of Claims, was announced a next in banks are laboring under a great di8advantage, because they order. can not secure the personnel they ought to ha\e to continue Mr. BRATTON. Let that go over. their bu~iness efficiently without the encouragement which is The VICE PRESIDENT. The bill will be passed over. pre ented by some sort of a pension system. 1\fr. WILLIS. l\Ir. President, the next bill on the calendar, This bill is Y~1·y carefully drawn. It is on the actuarial Senate bill 2770, relates to a matter that is now under inve 'ti· reserve plan, with proper limitations, I think. It is approved ga tion in the Committee on Territories and Insular Po 'Ees ions. by the Federal Re"'erve Board and urged by the Secretary of I think, therefore, we may well puss over this bill ; and I a k the Treasury. I hope we may have action at this time. that it go over. The bill had been reported from the Committee on Banking The VICE PRESIDE~T. The bill \\ill be passed oyer. and Currency with an amendment, on page 5, line 24, after the 222 CONGRESSIONAL RECORD-SENATE DECEl\IBER 10 word u employer," to Insert a colon and the following addi have printed tn the REcoRD at this point one paragraph, a tional proviso : single statement, from the message of the President of the And provitkd further, That no pension ·shall be paid out of the 'United States relating to the coal question? · amounts contributed or to 1>e contributed by the Federal reserve ba.nkl!, Mr. 1\IOSES. Let it be read. the Federal Reserve Board, and the Federal reserve agents at a rate The VICE PRESIDENT. The clerk will read as reque ted. in excess of 30 per cent o:t the maximum annual salary received by The Chief Clerk read as follows: such officer or employee. BITtiMINOCS COAL Mr. McKELLAR. Mr. President, I desire to ask the Senator No progress appears to have been made within large areas of the in charge of the bill whether this proposes a retirement service bituminollS-{!oal industry toward creation of voluntary machinery by similar to that of the civil-servic-e retirement? •which greater assurance can be given to the public of peaceful adjust Mr. McLEAN. Yes. ment of wage difficulties such as has been accomplished in the ·anthra Mr. McKELLAR. M"Ight not such retirement now be given cite industry. This bituminous industry is one of primary nece . ity through the existing law? and bears a great responsibility to the Nation for continuity of sup 1\Ir. McLEAN. This is based on the actnarlal re.~rve plan. plies. As the wage agreements in the unionized section of the industry The one we now have is on the cash-di'3bursement plan. expire on April 1 next, and as conflicts may result which may imperil Mr. McKELLAR. It seems to me it is a matter of very public interest, and have for many years often called for action of the great importance as to whether we shall have one system for Executive in protection of the public, I again recommend the passage one set of Government employees and another system for an of such legislation as will as.. PROHffiiTIO~ OF POISONOUS GASES IN WARFARE Mr. REED of Pennsylvania. :Mr. President, as in open e:xeftl~ Mr. BORAH. Mr. President, as in open executive session, I tive session I send to the desk a brief prepared by the Ameri offer a letter and ask that it may be read from the desk. can Legion on the Geneva gas protocol, which I ask to have The VICE PRESIDENT. The clerk will read. . printed in the CoNGRESSIONAL REC()RD. The Chief Clerk read as follows : The VICE PRESIDEl\TT. Without objection, that order will be made. GEXER.A.L OF THE ARMIES, The matter refecred to is as follows: Was1tington, December 10, 1928. Sen a tot· W. E. Bmu.H, THE TRUTH ABOUT THill Gli!N'IIIVA GAS PROTOCOL--AMERICA SHOULD REJECT IT--PREPAREDNEss EssE.XTU.L TO Oun NATIONAL SECURITY Chairmat& Fo·reign Relations Committe~, United States Senq,te, WaBh-ingtot•, D. 0. [Prepared by John Thomas Taylor, national legislative eommitree, the DEAR SENATOit: In compliance with your request I am pleased to American Legion] send you this letter regarding my attitude regarding the use of poison FORJIWORD gases in warfare. When, on April 22, 1915, the German Army released the first greenish Upon exam.tnation of my tiles I find what might be interpreted as an cloud of chlorine gas at Ypres they startled tile world and they effected apparent discrepancy between my statements regarding chemical war the greatest military surprise of modern times. Over 5,000 casualties fare before the Committees on Military Affairs of the Senate and resultetl and the all1ed cause was ln imminent danger. Had the initial House of Itepresentati-res on November 1, 1919, and my recommendation attack been backed with adequate reserves and had these reserves been as chairman of the subcommittee (of the advisory committee) at the pushed into the great gap made in the allied line the British woultl Washington Conference in 1921. have been separated from the French, the channel ports would have At the time the question o! chemical warfare was discussed before been reached, and in all probability the war would have been won by · the Committees on Military Affairs, the reorganization of the Army Germa.ny and her allies that year. was up for consideration. The use of poison gas by the German At The Hague convention of 1899 an agreement had been signed by armies during the World War had compelled all armies to use it, and, all the great powers, excepting the United States, not to use asphyxiat· so far as could be foreseen in 1919, there was nothing to do in so far ing gas shell. Germany was a party to this agreement. Reliance by as it affected the subject of army reorganization but to consider its the Allies in this agreement made possible the great surprise gas attack retention as a weapon. As no expression since the war by any inter at Ypres. national body against its use had been made, I felt that we should The pacifists throughout the country are busy trying to bring back continue it. Personally, I was opposed to the use of poison gas, but that false sense of security. At Washington . in 1921, at Genev:J. in doubtful at that time whether we could avoid it without a very 1925, and now at Geneva at the preparatory conference being held the positive agreement among the leading nations. same efforts are being continul:'d to make possible another such terrible My instructions while Chief of Staff were to the effect that we should surprise. develop our defense against poison gas and continue the study of gases The American Legion, whose membership is better qualified to judge for offensive use in case of necessity. But its use on the offensive was the facts regarding chemical warfare than that of any other organi not to be a part of the instruction for the armies. zations, and because it is dedicated to national security, pass<.'d the When the opportunity came at the Washington Conference to give following resolution at its national convention at Omaha, Nebr., in expression to my views, it was done without hesitation. As chairman 1925: of the subcommittee, I proposed the following resolution, which was "'fhe American Legion expresses it' continued interest in the proper adopted una.nimonsly : development of our Chemical Warfare Service as a necessary and essen ''Chemical warfare should be abolished among nations as abhorrent tial part of our national defense pt·ogram, a.nd deprecates any move to civilization. It is a cruel, unfair, and improper use of science . . It ment to interfere with or handicap its present work and usefulness to 1s fraught with the gravest danger to noncombatant!!! and demoralizes our country." . the better instincts of humanity." This pamphlet Is prepared to give to the public the reasons wily the · I can not think it possible that our country should fail to ratify American Legion stands firmly behind chemical warfare, and it explains the protocol which includes this or a similar provision. Scientific why our national securjty would be endangered if our country shoul!l research may discover a gas so deadly that it will produce instant enter into any agreement not to use gas hi war. death. To sanction the use of gas in any form would be to open the JOH~ THOMAS TAYLORJ way for the use of the most deadly gases and the possible poisoning Jo.-ationaZ Legf..slatit•e Committee, the America.tt Legion. of whole populations of noncombatant men, women, and children. The contemplation of such a result is shocking to the senses. It is unthinkable that civilization should deliberately decide upon such a WHAT IS CHEMICAL WARFARE? course. The use of chemicals on the field of battle is to cause casualties. Sincerely yours, JOHN J. PERSHING. Generally, these chemicals are liquid or solid before being released from their containers, whether the containers be airplane, tanks, artillery 1\Ir. BING HAM. Mr. President, I ask unanimous consent, as shells, chemical cylinders, smoke candles, or other devices. They become in open executive session, to have printed in the RECORD three gases upon release and cause casualties through being breathed, by telegrams regarding the poison-gas treaty, and ask that they burning the skin, or by profuse tears, temporarily pre-venting the use follow immediately after the letter read from General of the eyes. Pershing. THESJJ CHEliiCALS ALWAYS AVAILABLE The "'\TICE PRESIDENT. Does the Senator desire the tele- grams read? War chemicals are in constant commercial use or can be m:1de readily Mr. BINGIIAl\I. Yes. by dye-manufacturing or other chemical-producing plants. Therefore, Tlle VICE PRESIDENT. The letters will be read. they are always at hand. Secret research for more elfective chemicals The Chief Clerk read as follows: that will penetrate present-known protection can not be prevented. Therefore, it is necessary that our own country keep up in research, i.u NEW HAVE~, CONN., Decembet· 8, JJ}i6. knowledge of methods of protection, and in training in the use of HIR~l\I BINGHAM, chemicals in war in every way. Every business man demands for hls United States Senate. business a reasonable amount of insurance. Our country demands a Protest against Geneva gas protocol. reasonable amount of insurance against a disastrous surprise by chemi WESTVILLE POST, No. 39, AMERICAN LEGION, cals ~r any other method of waging war. ROBERT H. ALCORN~ OomtJHU&der. MOST EFFECTIVE CASUALTY PRODUCER Qjj' THE WORLD W..ill NEW HAVEN, co~N., December 8, 1.9i!6. Thirty per cent, approximately, of American casualties were gas Ron. HIRA)I BI:SGH..Uf, casualties, leaving for all other weapons combined only 70 per cent. Unitea Bta.tes Senate. This is even more impressive when we consider the relative infrequency 'l.'en thousand members Legion and Auxiliary protest against Geneva of the use of gas as compared with the constant use of rifle fire, machine gas protocol and ask your opposition. guns, and artillery high explosives. CAN NOT BE ABOLISHED BY AGREE::\IE:!\'TS Every new effective weapon bas met with outcry against it as being NEW HAVEN, CONN., Decembet· 8, 1!Jt6. an inhumane device. The more effective the new weapon, the greater HIRAM BINGHA~l, the outcry. The same opposition that the use of gas is now meeting United States Senate. was en·countered by bows and arrows, rifles, machine guns, and high Speaking for Legion of Con.necticnt and citizens interested in saving explosive shells, but each in turn has been accepted because they were already weakened defenses of Nation urge your oppo ition Geneva effective. All history shows that in time of war any effective weapon gas protocol. available will be used. It should not be necessary to cite history to HARRY C. .JACKSON, show anyone who thinks that when war exists the weapons used will Department Co-mmander. be those that are most effective, most general ot application, and most 1926 CONGRESSION 1\_L RECORD-SEN ATE 227 avaflable. This Is ftmdamentn.I. _Straight " survival of the fittest " research work and that the necessary supply of defensive equipment stuff. and the materials used in chemical warfare shall always be on hand. When nations axe at war their very existence is at stake. Who is It is necessary that the C<>mponent parts of our Army and Navy be going to enforee a peaee-time agreement onder those conditions? 11 a thoroughly trained in the methods and use of these chemicals. In the natron uses gas in violation of its agreement, tt will be necessary tor World War we were obliged to purchase our first 700,000 gas masks. Its opponent or opponents to tlBe tt in retaliation, or to contemplate In the event of another emergency there may be no long period in defeat. This Is true with regard to any effective weapon, so we get which to make the necessary preparations. That country which is back to the necessity of accepting any weapon which has been shown not 1ully prepared with the most modern and effective weapons may to be effective in war and to the necessity of acknowledging that all never be given the opportunity to prepare, nations must be prepared to use this effective weapon. We believe U~ITED STATES' PAST .ATTITUDJ!l TOW AJID .AGREElME;_~j""TS NOT TO USE GAS that every effort should be made to avoid war, but we don't believe In 1899 our Secretary of State, John Hay, instructed the delegates that the United States should ever agree not to use such a weapon with if it does have to resort to war. To W> so may mean putting our to The Hague convention against the proposed agreement regard country in a condition of unreadiness 'that might endanger its national to asphyxiating shell which was signed at that convention. He said 1n part: life. And, you know, that if we were in war and were being beaten and invadoo, you'd hang any man higher than the moon who didn't " The expediency of restraining the inventive genius of our people use gas or anything else to save the country. Why tie your own in the direction of devising means o! defense is by no means clear, hands? and considering the temptations to which men and nations may be exposed in time of conflict it is doubtful if a.n international agreement WHE-~CE COMES OPPOSITIO~ TO CHEMICAL W AnFARE to this end would prove effective." All those who oppose the use of gas in war elalm that it ls more Listen to the statement made by Admiral Mahan, one of our delegates cruel or inhuman or barbarous than other methods of warfare. They to this convention, in carrying out the far-sighted instruction of get that way from having swallowed whole our own perfectly good war Secretary Hay : time propaganda. No known method of putting men out of action is "The objecti~n that a machine ot war is barbarous ha& alw3,J's been pleasant and being gassed is not exactly like smelli.ng perfume, but is raised against new weapon~, which were, nevertheless, finally adopted. less disagreeable than being bored with a bullet or shattered by a shell. In the Uiddle Ages it was firearms which were denounced as cruel. I can get you testimony to that effect from th Military Affairs Committee, who has given careful study and deep DAKGER TO OUR NaTIO~AL SECURITY m~ EXTERDiG INTO AN AGREEMEXT TO thought to national defense requirements, has vigorously supported on BAN CHEliiCAL WARFARE every occasion the frank adoption of chemical warfare as an approved method of warfare and has equally vigorously opposed the adoption While no responsible person has advocated the lessening of our chemical preparation, should a treaty become effective it is clear that of agreements not to use chemicals 1.n war. there will be a strenuous campaign of propaganda by pacifist organi POPULAR OPINION OF CHEMICAL WARFARE FORMilD BY WAR-THIE PROPA zations against the maintenance by the United States of adequate GA;l~DA AND ENLARGED UPON SINCil THE WAR BY PACIFIST ORGANl• chemical preparedness in case any' agreement banning gas should ZATIONS become effective. Everyone is familiar with the war-time propaganda against gas when AC'l'IVITIES OF FOREIG~ POWERS IN CHEMICAL W!RF.\RE PREPAREDNESS Germany first sprang it upon the Allies ln 1915. Pictures, posters of All of the principal nations are carrying on some form of preparation men suffering tortures of sufrocation, are still fresh in our minds. for chemical warfare as a part of their national-defense scheme. This While the first gas used--clllorine--was unquestionably severely pain does not indicate any intention on their part to make war any more ful against unprotected troops, even this first gas was no more painful than does their other military preparation. It merely indicates that in its effect than bullets, bayonets, or shell. It suffocated an unpro they have accepted the advent of chemical warfare as one of the tected man and caused death just as drowning does. Its effects were methods of warfare that will be used in the future, its effectiveness no more painful. In any event, the plain lesson is that if these gases having been demonstrated during the World War. are to be used there is only one safe course ; the development of pro Russia in particular has organized a complete chemical warfare arm· tection and the thorough ability. to use them in retaliation. The later an(l is developing it on a larger scale than any other cotmtry. ga es used were so little painful that men did not know they we1:e gas eel until too late. Thnt U! one of the things that made gas disci THE UNITED STATES CAN PRESERTE ITS PEACE THROUGH DE"VllLOI':\IENT pline so difficult to accomplish. OF CHEMICAL WARFARE The pacifist organizations took up the war-time prejudice which had Due to our tremendous quantities of raw materials and our present been pread throughout the world by war-time propaganda in their rapidly growing chemical industry the United States can put it elf in fight against all forms of military preparedness for national security. a position to use this method of warfare on a larger scale than any They were tireless in their efforts to enlarge upon this war-time other country could possibly use against ns. We must keep in mind the propaganda. vision shown by Admiral Mahan in his statement at The Ilaguc conven- The American Legion must be equally tireless in its work to counter tion in 1899 : act the effect of this propaganda. "I represent a people that is. animated by a lively desire to make warfare more humane, but which may nevertheless find itself forced to GENEVA PROTOCOL 011' 1925 wage war ; therefore, it is a question of not depriving itself through The Geneva conference was held from May to July, 1925, and was hastily adopted resolutions or means of which it could later avail itself called under the auspices of the League of Nations, of which the with good results." United States is not a member. It bad no authority to deal with the The men and women who compose the American Legion, out of the prohibition of the use of chemicals in warfare. It was limited bJ ita fruit of their experience gained in the World War, were the first to 1926 CONGRESSIO~AL RECORD-SENATE. 229 demand the ndoption of a sound and adequate policy of national :.IJl d dangerous set of criminals, ha>e reached a full realization, and defen e. i t is our opinion (only four dissenting) that this law in its present form The American Legion believes in preparMness as the best insurance can not be enforced. to prevent war. "'We therefore submit that such modification in this law as will The American Legion does not believe ln the abandonment of any bring it within the bounds of reason and possible enforcement is neces- effective established arm of national defense and calls upon. the people ary for the general good of the Nation and recommend and urge that of the country to stand with us in vigorously opposing the ratification at the next regular session of the Congress that body recognize the by the United States Senate of the Geneva gas protocol. This question result of the vote upon the several State referendums had November will be before the Senate when it convenes on November 10, 1926. 2 as indicative of the opposition of a large part of the population of THIS PROTOCOL SHOULD BE DEFEATED the United States toward this law as it now stands and so modify it that it may become sane, safe, and workable. " Our country represents nothing but peaceful intentions toward all the earth, but it ought not to fail to maintain such a military force as "' L. W. FLAUNLACIIER, F~ren~an!" comports with the dignity and security of a great people. It ought to WHO THE u INDICTEllS " WERE be a balanced force, intensively modern, capable of defense by sea and A list of the members of the jury reads almost like a page from the land, beneath the surface, and in the air." (From President Coolidge's Directory of Directors. Most of the men are officials o:f companies or inaugural address, March 4, 1925.) have retired. The jurors beside Mr. Quackenbush were: PBOHIBITION ENFORCEMENT Louis W. Flaunlacher, vice president and treasurer of~ Thoens & Flaunlacher, real estate, 330 Fifth Avenue, :foreman. 1\lr. COPELAND. l\Ir. President, I ask unanimous consent Benjamin F. Bailey, dry goods, 33 West Forty-second Street. at this point to have read from the desk a letter I have just Frank S. Bamford, president of the American Trade Publishing Co., received from the foreman of the grand jury for the second 41 West Forty-fifth Street. district of New York. William Webb Bell, broker, 48 Wall Street. The VICE PRESIDE~'T. Without objection, the letter will George E. Carhart, president of the Bankers' Development Corpora- be read. tion. 31 Nassau Street. · The Chief Clerk read as follows: John B. Cornell, vice president of the Cornell li'On Works, 601 West LEWIS W. FLAUNLACHER, Twenty-sixth Street. NEw YORK, DecemJJer 7, 1926. George W. R. Fallon, aecretary o:f the City & Suburban Homes Co., Ron. ROYAL S. COPELAND, 578 Madison Avenue. f50 West FLftY·Beventh Street, Ne~o York OUy. George W. Gorward, real-estate broker, 200 Broadway. MY DEAR SE~ATOR CoPELAND : We, as members of the grand · jury Edgar A. Josselyn, architect, 5 Columbus Circle. of the second district of New York, sitting for the November term, Charles G. Kipp, accountant, New York Central Railroad. having had during this period ample opportunity to observe, by reason Caleb .R. Nash, insurance, 46 West Eighty-fifth Street. of personal testimony and evidence presented to us, the baneful effects George H. Newman retired, 404 West One hundred and fifteenth of the Volstead Act under the workings of which has evidently been Street. ' developed a very ruthless and dangerous set of criminals, have reached Stanley L. Otis, lawyer, 80 Maiden Lane. a full realization, and it is our opinion (only four dissenting) that Isaac H. Peller, real estate, 300 Central Park wes·t. this law in its present form can not be enforced. William H. Pouch, president of the Concrete Steel Co., 42 Broadway, We, therefore, submit that such modification in this law as will C. Stowe Reno, manager, 523 West Thirty-third Street. bring it within the bounds of reason and possible enforcement is neces Fred H.. Ridgway, treasurer, 32 Broadway. sary for the general good of the Nation, a.nd recommend and urge John W. Sanford, investment securities, 44 Wall Street. that at the next regular session of the Congress that body recognize Harold H. Weeks, broker, 74 Broadway. ~ the result of the vote upon the several State referenda had November Louis C. Rosenberg, president of Louis Charles Rosenberg (Inc.), 2, as indicative of the opposition of a large part of the population of advertising, 171 Madison Avenue. the United States toward this law as it now stands, an{l so modify it Wlrt S. Quigley, president of the Quigley Furnace Specialties Co.~ that it may become sane, safe, a.nd workable. 26 Cortlandt Street. L. W. FLAUNLACH:U, Foreman. Bertram C. Weill. retired, 601 West One hundred and thirteenth Mr. COPELAND. Mr. President, immediately following this Street. letter in the RECORD I ask that the leading news article in It was said last night that the four dissenting jurors had been this morning's Herald-Tribune, in the first column, be printed Messrs. Bailey, Carhart, Gorward, and Pouch. Discussion on the in the R100oRD. It includes.. a list of tlle members of the resolution lasted several days, it was reported, several jurors doubting grand jury; and I ask to have it printed so that Members of the propriety of such a move. the Senate may know the high standing of these gentlemen. Action was deferred until the dinner of the Economic · Club on The VICE PRESIDENT. Without objection, it will be so November 31 at the Astor, at which Gen. Lincoln C. Andrews, in ordered.· charge of prohibition enforcement, Wayne B. Wheeler, counsel for the The matter referred to is as follows: Anti-Saloon League, and Assemblyman Phelps Phelps spoke. Ten ot the jurors attended this dinner. The vote was taken on December 6. [From the New York Herald-Tribune of Friday, December 10, 1926] Robert Manley, chiet assistant to Emory R. Buckner, United States DRY LAWS FAIL, SAYS UNITED STATES ]URY; URGES REPEAL--NEW attorney, said yesterday that no other Federal grand jury had ex· YORK GRAND PANEL, 19 TO 4, CALLS VOLSTEAD AcT u UNEINFORCE pressed an official opinion on the dry act here, as far as he could ABLE" AND BREEVEB 011' II RU'rHLESS CRIMINALS "-CALLs 0~ co~ remember. No word o:t the grand jury's action had been sent to Mr. GRESS TO il.EED REFERENDA-BODY OF BUSINESS MEN, SWAYED BY Manley or to other assistant Government attorneys at the Federal THE EVIDENCE, SET RECORD BY ATI'ACK building yesterday. The Federal grand jury for November, which considered 28 cas-es of In the 21 days it was in session the November jury found 24 law violations, adopted by a vote of 19 to 4 a resolution declaring that indictments and refused 3. One case is pending. Tbe jury called the Volstead Act has developed "a ruthless and dangerous set of crimi 107 witnesses. Most of the cases heard were for alleged violations nals " and that it should be repeal~d, it was learned yesterday. This of the liquor laws. is said to be the first time a Federal grand jury has expressed an offi THE CALENDAR cial opinion of the liquor law. Mr. CURTIS. Let us have the regular order, Mr. President. The grand jury's action, taken on December 6, the day ft was dls 'l'he VICE PRESIDENT. The clerk will continue the ealling charged, was announced yesterday by Walter Quackenbush, eastern of bills on the calendar. manager of The Northwestern Miller, at 23 Beaver Street. He was a member of the jury. TR.dNSPO&TATION OF STOLEN PROPERTY CALLS OX CONGRESS TO ACT The bill ( S. 1871) to punish the traru;portation of stolen Mr. Quackenbush's announcement says: property in interstate or foreign commerce was coru;idered as "The following resolution was passed at the closing session of the in Committee of the Whole and was read, as follows : November term of the Federal grand jury and copies of it have been Be it enacted, eto., That this act may be cited as the national prop mailed to Senator ROYAL s.· CoPELAND, Senator J.!MES w. WADSWORTH, erty theft act. jr., Senator-elect RoBERT WAGNER, a.nd Federal Judge William Bondy, SEC. 2. That when used in this act- the latter desiring to present it to the attention of all other judges: (a) The term "stolen property" shall include money, goods, or any "'We, as members of the grand jury of the second district of New property of any character whatsoever, the stealing ot which is declared York, sitting for the November term, having had during this period to be larceny, or the taking of which is declared robbery or burglary in ample opportunity to observe, by reason of personal testimony and the State wherein such offense was committed. evidence presented to us, the baneful effects of the Volstead Act, under {b) The term "interstate or foreign commerce" as used in this act the workings of which has evidently been developed a very ruthless shall include transportation from one State, Territory, or the District 230 CONGRESSIONAL RECORD-SENATE DECEl\IBER 10 of Columbia, to another State, Territory, or the District of Columbi~ Mr. KING. Mr. President, I should like to have some to a foreign country, or from a foreign country to any State, Territory, explanation of the bill; and I call the attention of the Senator or the District of Columbia. from Oregon [Mr. McNARY] to the fact that the department SEc. 3. That whoever shall transport or cause to be transported in has insisted, with respect to cessions of lands to municipali interstate or foreign commerce any stolen property, knowing the same ties for watershed purposes--lands that are no more valuable to have been stolen, shall be punished by a fine of not more than than thi", perhaps less valuable-that they shall pay, in every $5,000, or by imprisonment of not more than five years, or both. instance, $1.25 per acre. SEc. 4. That whoever shall receive, conceal, store, barter, sell, or Recently, in a measure that was pending before Congress~ dispose of any property moving as, or which is a part of, or whi~h con I tried to have the Department of the Interior approve a stitutes, interstate or foreign commerce, knowing the same to have grant of lands to a municipality without the payment of been stolen, shall be punished by a fine of not more than $5,000, or by $1.25 an acre, as the municipality was unable to pay the imprisonment of not more than five years, or both. sum required. The lands were of no value other than to SEC. 5. That any person violating this act may be punished in any protect the watersheds, and yet to the city they were very district in or through which such property has been transported or important. The city is compelled to pay $1.25 an acre. The removed by such offender. Secretary of the Interior was relentless, and I am not complain The bill was reported to the Senate without amendment, ing at all. Yet, as I understand this bill, we are a ·ked to ordered to be engrossed for a third reading, read the third cede 9,000 acres to the State of Oregon, and this principle time, and passed. which the Secretary announced to me to be an inflexible priuci ple or policy seems to have been ignored. CALL OF THE BOLL Mr. McNARY. lli. President, I think the ca e cited by the Mr. BINGHAM. Mr. President, I sugge t the absence of a Senator from Utah is perhaps quite different from the one now quorum. before the Senate. Cases such as he cites are tho e where The VICE PRESIDENT. The Secretary will call the roll. lands are found on watersheds of navigable streams, and they The legislative clerk called the roll, and the following Sena are usually forested areas. In any event, they are often used tors answered to their names: for recreational purposes, and have a real utility and a real ..M;hurst Fess McKellar Shortridge value. This property is practically covered with water, and Bayard George McMaster Smith it is to be used exclusively for a State hatchery. I think there Bingham Gerry McNary Smoot Blease Gillett Mayfield Steck is quite a difference between the Government ceding a pond Borah Glass Metcalf Stephens or a lake of water for a hatchery, and ceding land that has Bratton Goff Moses Stewart permanent utility. The department clearly recognizes the dis Broussard Gooding Neely Swanson Cameron Gould Norris Trammell tinction between cases such as the Senator cites and the one Capper Greene Oddie Tyson embodied in this bilL Copeland Hale Overman U'nderwood Mr. KING. I do not see any difference in principle, but Couzens Harrison Phipps VVadsworth · Curtis Heflin Pittman Walsh, Mass. I am in favor of the adoption as speedily as possible of a Dale Howell Ransdell Walsh, Mont. policy that will result in an alienation of all public lands, Dill Johnson Reed, Pa. VVeller getting them into the hands of the States, or into the hands of Edge Jones, VVash. Sackett Wheeler Edwards Kendrick Schall VVillii!I private owners, so that in the latter case there may be some Emst Keyes Sheppard revenue derived by the States in the way of taxation. I was Ferris King Shipstead just wondering the reason for . this discrimination in favor of Mr. GERRY. The Senator from Maryland [Mr. BRUCE] is the State of Oregon. absent owing to illness. I want to ask the Senator if there will be any future obliga Mr. SHIPSTEAD. I desire to announce that the Senator tion. Will the Government of the United States be comp~lled from North Dakota [Mr. FRAZIER] is in attendance on the to maintain the hatchery? funeral of the late Senator from lllinois [Mr. McKinley]. I Mr. McNARY. No more so than, if Brown gave Jones a deed, a k that this announcement may stand for the day. Brown would retain _control of the deeded property. That Mr. Mcl\IASTER. I desire to announce that my colleague, would end Brown's control of the property. the senior Senator from South Dakota [Mr. NoRBECK], is un This provides for a cession of this body of water, with a avoidably absent from the Senate. I ask that this announce little surrounding timber, and accessible areas for the State to ment may stand for the day. use for the purpose of propagating trout. The VICE PRESIDENT. Seventy Senators having an 1\Ir. KING. Will the State use it for that purpose, or will swered to their names, there is a quorum present. the State come and insist that the Federal Government make The Secretary will state the next bill on the calendar. annual appropriations for that purpose? Mr. PHIPPS. Mr. President, I call the attention of the BILLS PASSED OVER Senator from Oregon to the fact that the report of tile The bill (S. 1487) to authorize the Secretary of War to department on this bill is unfavorable. class as secret certain apparatus pertaining to the Signal Mr. McNARY. It is reported unfavorably? Corps, Air Service, and Chemical Warfa1·e Service, and em~ Mr. PHIPPS. Yes; the report from the department is un power him to authorize purchases thereof and award contracts favorable, but the bill has been reported by the committee. therefor without notice or ad\ertisement was announced as Mr. McNARY. I did not know of that fact. It is my next in order. colleague's bill. Mr. KING. I should like to have some explanation of the Mr. PHIPPS. I suggest, under the circumstances, in the bill. absence of the Senator's colleague, that the bill go over. Mr. CURTIS. Let it go over. Mr. McKELLAR. Will the Senator yield? The VICE PRESIDENT. The bill will be passed OYer. .Mr. McNARY. I yield. The bill (H. R. 9269) to amend paragraph 2 of section 7 l\Ir. McKELLAR. Suppose this land is drained? of the farm loan act was announced as next in order. Mr. McNARY. It is not to be drained. Mr. CURTIS. Let that go over. l\lr. McKELLAR. Suppose it is used for some other pur The PRESIDING OFFICER (Mr. WILLIS in the chair). pose; the titre will remain in the State, will it not? There is The bill will be passed over. no provision for it coming back to the Federal Government? The bill (H. R. 9694) authorizing the erection of a monu Mr. McNARY. I think not. I can assure the Senator that, ment in France to commemorate the valiant services of the from the physical conditions surrounding this body of water, it Ninety-third Division of the American Expeditionary Forces will never be drained. It is high up in the Cascade Mountains, was announced as next in order. above the altitude where crops can be raised, and is entirel~· Mr. REED of Pennsylvania. Let that go over. suitable for one purpose; that is, the propagation of fish. But The PRESIDING OFFICER. The bill will be passed over. in view of the statement of the Senator from Colorado, I shall ask that the bill go over. CESSION OF LA...~DS TO OBE»>N The PRESIDING OFFICER. The bill will be pas ed over. The bill (S. 3099) to cede certain lands in the State of BILL PAS SED OVER Oregon, including Diamond Lake, to the State of Oregon for The bill (S. 4043) to permit the sale of small or inaccessible fish-cultural purposes, and for other purposes, wa.s announced tracts of public grazing lands was announced as next in order. as next in order. Mr. 1\IcKELLAR. Let that go over. Ur. KING. I should like to have this bill read in order that I may see whether there is any obligation on the part The PRESIDING OFFICER. The bill will b'e pa, ed over. of the Government other than ceding the land. UINTAH INDIAN RESEBVA.TIO~ LANDS The PRESIDING OFFICER. The bill will be read for the The bill ( S. 1924) for the relief of the Uintah and White information of the Senate. River Tribes of Ute Indians of Utah, was considered as in The Chief Clerk read the b~ Co~ittee of the :Whole. 1926 CONGR.ESSIONAL RECORD-SENATE 231. The bill had been reported from the Committee on Indian lands within an Indian reservation. It has been reported on Affairs "itb an amendment, to strike out all after the enacting favorably by the Secretary of the Interior. I can not see how clause and to insert: there can be any objection to the measure, and I hope it will That to carry into effect the existing agreement between the Uintah pass. and White River '.rribes of Ute Indians of Utah respecting the lands in Mr. PITTMAN. Mr. President, there are in some of the the former Uintah Indian Reservation in said State, ceded by them Indian reservations certain nonferrous metals in the nature of to the United States, jurisdiction is hereby conferred upon the Court silica, and things of that kind, which may be' mined, but there of Claims to hear, determine, and render final judgment, with right is no authority in the Department of the Interior now to lease of appeal as in other cases, on the claims and rights of said Indians such lands in an Indian reservation. under said agreement and the acts of May 27, 1902 (32 Stat. p·. 263), Mr. McKELLAR. What particular substance can be mined? March 3, 1905 (33 Stat. p. 1069), and all other acts of Congress relat Mr. PITTMAN. Silica, for instance. Silica is a metal but ing thereto, including the value of all lands ceded by the said Indians there are certain forms of silica that make very high-irade which have been set apart and reserved from the public lands as glass, and they are sometimes found in Indian ,reservations. I forest reservations or for other public uses under existing laws and know of one Indian reservation where it is thought there is a proclamations of the President, as i1 disposed of under the public land d.eposit of such a metal. The Department of the Interior de laws of the United States, as provided by said agreement and acts of Sires to lea~e that deposit f?r the purpose of development, but Congress, and the money due therefor ; and the coort shall set .off ~?-a ~at It has no a~thor1ty, because the authority now ex against any sum found due said Indians any sum or sums that shall ISting srmply goes to mmerals such as gold, sil-rer copper and be found to be properly chargeable under the terms of said agreP-IDent lead. ' ' and acts of Congress and also any sum or sums paid .by the United Mr. McKELLAR. Will the Senator state the purpo e of the States to or for the benefit of said Indians, whether as a gratuity or amendment? Is it to exclude oil and gas, or does it include otherwise, except such sums as have been paid for a specific purpose them? It seems to be a little doubtful in expression. and an adequate consideration. Mr. PITTMAN. No; it reads: Any suit or suits :filed hereunder shall be commenced by petition, To permit the leasing of the unallotted Indian lands afi'ected thereby aubject to amendment, to be flied in the Court of Claims within two for the purpose of mlning nonmetalliferous minerals, not including oiZ year after the approval of this act by the attorney or attorneys to and gaJJ. be employed by the said Indians under contract as required by sec In other. words, they are not permitted by this act to lease tions 2103-2105 of the United States Revised Statutes. Sueb petition for prodm;mg oil an.d gas, and yet oil and gas might be termed shall be verified by the attorney or attorneys and shall set forth all nonmetalliferous mmerals. That is why the committee bas the !acts on which the claims for recovery are based, and shall be expressly added to this bill the words "not including oil and signed by the attorney or attorneys employed. and no other verification gas." shall be necessary. The PRESIDING OFFICER. Is there objection to the con Upon final determinati<>n of such snit or cause of action the Court sideration of the bill? of Claims shall decree such fees to be paid the attorney or attorneys There being no objection, the Senate, as in Committee of tthe as it shall find reasonable, but in no case shall such fees amount to Whole, proceeded to consider t.he bill more than 10 per cent of any judgment recovered in such suit or The PRESIDING OFFICER. The Chair is informed that cause, and in no event shall such fee amount in the aggregate to more the amendment appearing on page 2 has ah·eady been agreed to. than $50,000 and shall be paid out of any judgment recovered. and The bill was reported to .the Senate as amended and the the balance of such judgment shall be placed in the Treasury of the amendment was concurred in. United States to the credit of the Indians entitled thereto, where it The bill was ordered to be engrossed for a thlrd reading, .shall bear interest at the rate of 4 per cent per annum. read the third time, and passed, as follows : The amendment was agreed to. Be it en-acted-, etc., That the provisions of section 26 ·of the act of The bill was reported to the Senate as amended, and the June 30, 1919 ( 41 Stat. L. p. 31), entitled ''An act making appropria amendment was agreed to. tions for the current and contingent expenses of the Bureau of Indian The bill was ordered to be engrossed fo1· a third reading read A.ffairs, for fulfilling trea_ty stipulations with nrious Indian tribes, and the third time, and passed. ' for other purposes, for the fiscal year ending June 30, 19Hl," are BILLS, ETC., PAS SED OVER hereby amended to permit the leasing of the unallotted Indian lands The joint resolution ( S. J. ·Res. 108) providing that no per affected thereby for the purpose of mining nonmetalliferous minerals, manent building shall be erected in East Potomac Park solely not including oil and gas. for tourist-camp purposes pending the selection of a more snit DEPORTATION OF CERTAIN ALIEN SEAMEN able site, was announced as next in order. l\lr. JONES of Washington." Let that go over. The bill (S. 3574) to provide for the deportation of certain The PRESIDING OFFICER. The joint resolution will be alien seamen, and for other purposes, was announced as next in order. passed over. is The bill ( S. 4247) to amend and reenact sections 3 20 31, Mr. REED of Pennsylvania. That bill too important and will lead to too much discussion, to be considered in the 33, and 38 of the act of March 2, 1917, entitled "An ad to 'pl·o li~ted vide a civn go-rernment for Porto Rico, and for other purposes," time we have, so I ask that it may go over. as amended by an act approved June 7, 1924, and for the inser The PRESIDING OFFICER. The bill will be passed over. tion of two new sections in said act between sections 5 and 6 MISSISSIPPI RIVER BRIDGE, lOW A and sections 41 and 42 of said act, to be designated as " 5a " The bill (H. R. 10857) granting the consent of Congress to and " 41a " of said act, was announced as next in order. the Interstate Bridge Co., of Lansing, Iowa, to construct a Mr. JONES of Washington. Let that go over. bridge across the Mississippi River at Lansing, was announced The PRESIDING OFFICER. The bill will be passed over. as next in order. The bill (H. R. 9268) to amend the agricultural credits act Mr. FESS. Let that go over. of 1923, was announced as next in order. The PRESIDING OFFICER. The bill will be passed over. Mr. KING. Let that go over. BROAD BROOK BANK & TRUST CO. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 1143) amending section 1 of the interstate com- The bill (H. R. 7930) for the relief of the Broad Brook Bank merce act, was announced as next in order. & Trust Co. was considered as ii:J. Committee of the Whole Mr. FESS. Let that go over. The bill was reported to the Senate without amen~ent The PRESIDING OFFICER. The bill will be passed over. ordered to a thi~d reading, read the third time, and passed. ' CHARLES .A. MAYO LEASING OF NONY.INE.B.AL LANDS The bill (S. 70) for the relief of Charles A. Mayo was The bill (S. 4347) to amend section 26 oi the act of June 30 announced as next in order. 1919, entitled "An act making appropriations for the current Mr. KIN"G. I would like to inquire how the services of these and contingent expenses of the Bureau of Indian Affairs for men, rendered at the time in question, resulted in the loss of fulfilling treaty stipulations with -various Indian tribes and for property for which this claim is made? other purposes, for the fiscal year ending June 30 1920" was Mr. JONES of Washington. Mr. President, I would like to announced as next in order. ' ' have the bill passed over temporarily. Mr. McKELLAR. May we have an explanation of that bill? The PRESIDING OFFICER. The bill will be passed over The PRESIDING OFFICER. Does the Senator object? Mr. McKELLAR. I would like to have an explanation of without prejudice. the bill. I do not know what that means. .A.::Ml!:NDMENT OF TABIFF .ACT OF 1922 :Mr. ODDIE. Mr. President, this bill was introduced for the The bill (H. R. 11658) to amend section 52.3 of the tariff act purpo~e of allowing the leasing of nonmetalliferous mineral of 1922 was announced as next in order. 232 CONGRESSIONAL · RECORD-SEN lt TE DECEl\IBER 10 Mr. KING. I think there was some objection to this bill As a scientific means for correlating and unlocking the infonnatlon wlien it was up for consideration on the last call of the calen in the census report o as to make it of greater benefit to the publie. dar. I ask that it may go over. Coast n.nd Geodetic Survey- Mr. WADSWORTH. Does the Senator insist upon his ob As an indexing system for its maps and for the accurate determi jection? Would not an explanation satisfy him? I do not want nation, comparison, and correlation of geographic fads as compilt>d to seem to assume charge of the bill, but the cases arose mostly by said bureau. in New York. Bureau of Foreign and Domestic Commerce- Mr. KING. I inquire if this is not the bill to which the Sen As a means for locating world trade routes according to controlling ator from Virginia [:Mr. GLAss] made some objection at the commercial, industrial, and geographic facts. last session? (f) Dt>partment of Interior, in connection with Mr. WADSWORTH. I do not know. The General Land Office-- Mr. KING. If it is, I feel like insisting upon the objection As an additional means of indexing existing map systems for at the present time. I hope the Senator will pardon me. general public use and reference. The PRESIDING OFFICER. The bill will be passed over. Bureau of Education- As a means for disseminating geographic knowledge of great public HARRIMAN GEOGRAPHIC C~DE SYSTEM interest in simple and concise form. The joint resolution (S. J. Res. 110) authorizing a joint com Geological Survey- mittee of both Hou e to consider the purchase of the right to As a means of indexing, correlating, and coordinating its map an unrestricted use of the Harriman geographic code system system. under patents issued, or that may be issued, and also the un Alaskan Engineering Commission-- restricted use of all copyrights issued, or that may be issued, As an aid in the indexing, selection, and construction of roads in in connection with the products of the Harriman geographic Alaska, and the collection and dissemination in popular 'form of code system for all governmental, administrative, or publication information of value to the public. which purposes for the same may be desirable, was announced (g) The Department of Agriculture, in connection with as next in order. Bureau of Farm Management- Mr. KING. Let us have an e~'Planation of that. As a means of opening and enlarging markets for sale of agricul l\Ir. McKELLAR. May we have an explanation of that joint tural products. resolution? Mr. MOSES. This resolution bears my name, but it origi Bureau of Soil&- nated in the first instance with the present senior Senator from As a means of collecting, indexing, and correlating information shown on its soil maps as to relative I..inds and qualities of soil. Alabama [Mr. UNDERWOOD] at a time when both he and I were sernng upon the Committee on Expenditures in the Executive Bureau of Public Roads- As a means of scientifically indexing, numbering, locating, selecting, Departments. It has reference to a device which has been made use of in several departments of the Government. Gov and comparing primary roads, and justly distributing public fund& appropriated for the building of national and State highway systems; ernmental operations have been benefited by its use. The reso lutfon simply provides for a joint committee to investigate the and as a means of providing useful and accUl'Ute information to trav application of the device to the work of the executive depart elers on said roads. ments and to determine whether or not the Government should (h) Department of the Navy, in connection with purchase the exclusive right to its use. It implies no obliga Bureau of Navigation- tion whatever but is a mere resolution providing for machinery As a means of indexing, coordinating, and correlating the cllarts of for an inquiry. the Hydrographic Office. There being no objection, the joint resolution was considered Operations section- as in Commi.ttee of the \Vbole and was read, as follows : As a means of indexing, locating, recording, and controlling all ship movements. Whereas the War Department, by contract duly executed on March (i) Department of State, in connection with 8, 1919, recognized George W. R. Harriman as the inventor and owner Its geographer- of the Harriman geographic code system and accepted the gift of the As a means of indexing, collecting, and correlating geographic facts use thereof for a nominal consideration of $1 and elected to use the of general value to international relations. said system for all time, and after exhaustive consideration adopted (j) The Post Office Department, in connection with- said system for use by the War Department; and The making of accurate parcel-ppst geograpbs, and a more ade Whereas it appears that the use of said system and/or its products quate, useful, and economic method of stating parcel-post rates; or publications may be desirable as applied to- The scientific laying out of rural routes in accordance with con (a) The Interstate Commerce Commission in connection with- trolling geographical conditions; The carrying out of the requirements of the transportation act, The development of a scientific method of distribution of SE>rvice 1920. with respect to the consideration and adoption of a plan for the consolidation of the railway properties of the continental United States according to counties; into a limited number of systems, which plan shall preserve competition The ascertainment of correct distances and the checking of rates "as fully as possible, and, wherever practicable, the existing routes and of pay for transportation of mail; and channels of trade and commerce shall be maintained "; The arrangement of competitive routes, as required by . law to be As a means to determine accurately distances covered by the routes observed in letting bids for Rural Delivery Service. of public carriers and of checking the _accuracy of mileage tariffs and (k) The Comptroller General, in connection with- compliance by carriers with the orders of the Intersta,te Commerce Checking and auditing public expenditures for transportation and other purposes : Therefore be it Commission ; As a means for the publication of passenger and other distance Resolved, eto., That the President of the Senate appoint three tariffs ; and Members of the Senate, and the Speaker of the House three Members As a means to determine operating routes, with a view to greater of the House, who shall constitute a select joint committee on the traffic density, an'd to minimize embargoes. Harriman geographic code system. (b) The United States Shipping Board and the Emt>rgency Fleet It shall be the duty of the committee-- Corporation in connection with- (1) To consider the purchase of the right to an unrestricted use The location of world-trade routes anc.l the collection and correlation of the Harriman geographic code system under patents issued, or of information of value in obtaining and t·etaining control of said routes.· that may be issued, and also the unrestricted use of all copyrights (c) Federal Trade Commission- issued, or that may be issued, in connection with the products or As a means of disclosing the strategy of production, distribution, and publications of the Harriman geographic code system, including the markets. right, license, and privilege to manufacture, use, and dispose ot (d) The Treasury Department as an adequate and suitable means geographs, maps, diagrams, and charts embodying said patented in For indexing and distributing public funds accurately and in accord ventions or improvements thereof or copyrights issued in connection ance with law; therewith incident to the functions of all bureaus or departments of For making and checking appraisals of land and indexing and locat- the United States Government for all governmental, administrative, Ing loans in the Federal Farm Bureau: and or publication purposes for which the same may be desirable. For justly and ~ccurately dividing the country into Federal reserve (2) If, after investigation, the committee shall be of the opinion districts according to the convenience and customary course of business,· that the purchase of said system or use thereof by the United Stat£'s as required by law. Government w~uld promote efficiency and economy of operation and (e) The Department of Commt>rce, in connection with administration of the executive departments and the administrative The Bureau of Census-- branches of the Government, the value of said system, or the use As a scientific means of taking and reading the census in compara thereof to the United States Go-vernment shall be appraised, and just ble areas in combination with political areas which are not compara compensation for said system, or the use thereof, determined in a ble; and fair and impartial manner. 1926 CONGRESSIONAL RECORD-SENATE 233 (3) Tbe officers nnd employees of any executive department or relating to the Canal Zone. I have e.xamlned the bill, though administrati>e branch of the Government shall, if called upon to not with the care which I should have exercised, and so far . ' do so, make a report to said committee on the Ha.rriman ge<>grapbic as I am concerned I have no objection to any of the provisions code system, and shall furnish to the committee such information except section 7, which I do not think has any place in as the committee may from time to time require. Tbe committee is the bill. The bill seems to be a sort of omnibus measure to authorized to employ such experts lllld other employee.s to render gather up a multitude of subjects and deal with them _in this such assistance as the committee may require in the investigation rather haphazard manner. herein provided for, who shall receiw such co-mpensation as the Section 7, to which I have referred, provides that em committee may detennine to be just and reasonable. ployees of the Government who are now receiving their full The joint resolution was reported to the Senate without pay and who are. retired shall not have deducted from their amendment, ordered to be engrossed for a third reading, read compensation their retirement pay; in other words, it is for the thiJ:d time, and passed. the purpose of permitting men who have been retired because The JU:eamble was agreed to. of longevity or long service under acts of Congress to be employed at full pay and recei1e not only the full pay but .AllENDMENT OF HOWARD Ur-.--:rvERSITY .ACT their retirement pay. If the author of the bill or the com The bill (S. 4445) to amend the act entitled "An act to enable mittee will consent to the elimination of section 7 I shall not the trustees of Howard University to develop an athletic field object to the present consideration of the bill. and gymnasium project, and for other purposes,., approved Mr. WALSH of Montana. As a member of the C~munittee on June 7, 1924, was announced as next in order. Interoceanic Canals, I have given some consideration to the 1\-h·. McKELLAR. l\Iay we have an explanation of that meas bill. It relates entirely, as my recollection now serves me, ure by tbe Senator from Kansas [Mr. CAPPER]? except with reference to sections 6 and 7, to proceedings in the Mr. CAPI.,ER. This is a bill which simply corrects an irreg courts in the Canal Zone. The legislation ought to be enacted ularity in an act of Congress of 1924 which was intended to without delay. I feel justified, on behalf of the committee, in permit the Government to reconvey to Howar<;i University a consenting to the elimination of section 7, which, as suggested small tract of land 50 by 150 feet in McMillan Park which is by the Senator from Utah, is unrelated to the remainder of the used for gymnasium and athletic purposes. The act simply bill. Accordingly, and to obviate objection, I move that the bill permitted them to reconvey, when as a matter of fact a small be amended by striking therefrom section 7. part of the tract had never been conveyed to the Government The PRESIDING OFFICER. The amendment will be stated. by Howa1·d University. It is simply a correction of a technical The CHIEF Cr.Erut. On page 9, strike out lines 9 to 18, error and is not of any great importanc~ though it is very ~usive, as follows: necessary to Howard University. It does not require any Section 4 of the Panama Canal act, as amended. shall not be con appropriation from the Go"ernment. It is ·paid for out of the funds of the university. . strued a.s reqniring the deduction of the retired pay or allowances of 1\Ir. .McKELLAR. Is this the bill to which the Senator from any retired warrant officer or enlisted man of the Army, Navy, Marine Corps, or Coast Guar~ or the training pay, retainer pay, or allowances North Carolina [Mr. OVERMAN] objected at one time? Mr. CAPPER. Yes; but I explained it to him and I do not of any warrant office? or enlisted man of. the reserve forces of the think he has any objection to the bill now. He thought it Army, Navy, Marine Corps, or Coast Goard, from the amount of the salary or compensation provided by or fixed under the terms of the required an appropriation from the Government, but it does not. It simply corrects and straightens out a title. Panama Canal act, as amended, Mr. McKELLAR. If the Senator is assured that the Senator So as to make the bill read: from North Carolina approves of it, I have no objection to it Be it mooted, eto., That subdivision (e) of section 8 of the Panama. myself. Canal act, as amended, is amended to read a.s follows : Mr. HEFLIN. I did not understand the Senator from Kan "(c) The judge of the district court shall provide for the selection, sas to say that the Senator from North Carolina approved the summoning, and serving ot jurors trom among the citizens of the United bill. He said he thought that after he talked with him he States subject to jury dnty, to serve In the division of the district in probably had no objection to It, but he is not certain about it. whJch such jurors reside. Any citizen of the United States who is Mr. SMOOT. I will assure the Senator from Alabama that employed by the Panama Canal or Panama Railroad Co. within the it has nothing to do with the appropriation for Howard Uni Canal Zone, and who resides in a residence ·owned by the Panama Canal versity to which the Senator from North Carolina objected. It or Panama Railroad Co. in territory con'tlgnous to the Canal Zone shall, was an appropriation for a building to whi~ the Senator for the purposes of this subdivision, be deemed to reside in the division from North Carolina objected. The present bill merely has to nearest his place of residence. A jury shall be had, on the demand of do with the question of correcting the title. to a piece of land. either party, In any criminal case or clvtl case at law originating in The PRESIDING OFFICER. Is there objection to the pres said court. The compensation of jurors shall be prescribed by order of ent consideration of the bill? the President." Mr. HEFLIN. I do not know anything about the bill my SEc. 2. Subdivision (g) of section 8 or the Panama Canal act, as self. Since the Senator from Tennessee has raised the question, amended, is amended to read as follows: I suggest that if the Senator from Kansas wants to insist on "(g) The diStrict judge, the district attorney, and the marshal shall its passage, then when the Senator from North Carolina 'returns, be appointed by the President, as heretofore, by and with the advice if he objects to it the action may be reconsidered. and consent of the Senate, for terms of four years each, and until their Mr. CAPPER. That Is entirely satisfactory to me. successors are appointed and qualified. Each shall reside within the There being no objection, the bill was considered as in Com Canal Zone during his term of office, and shall be allowed 60 days' mittee of the Whole and was read, as follows: leave of absence each year with pay, under such regulations as the Be it e~~acted, ero., That section a ot the aet entitled "An act to President may from time to time prescribe." enable the trustees of Boward University to develop an athletie field SEC. 3. Section 15 of the act entitled "An act to amend sections 7, and gymnasium project, and for other purposes," approved June 7, 8, and Q of the Panama Canal act; to amend sections 288, 289, 342, 1924, is hereby amended to read as follows : M3, 368, and 461 of the Penal Code of the Canal Zone ; and section 2 ·~ SEC. 3.. That the Secretary of War ts hereby autoorized and of the ExecutiYe order of July 9, 1914, establishing rules and regula directed to con-vey to the trustees of the Howard University a triangu tions for the operation and navigation of the Panama Canal and lar plot of land now included 1n McMillan Park and situated between approaches thereto, lneltlding nll water under its jurisdiction; to amend Fairmont Street, Fifth Street, and the McMillan. Park Reservoir at section 6 of an act entitled 'An act extending certain privileges of the price originally paid by the United States for said property, canal employees to other officials on the Canal Zone and authorizing the subject to such terms and conditions as ma.y be preseribed by the President to make rules and regulations affecting health, sanitation, Secretary of War." quarantine, taxation, public roads, self-propelled vehicles, and police The bill was reported to the Senate without amendment, powers on the Canal Zone, and for other purposes, including provision as tp eertain feel?, money orders, and interest deposits,' approved .August ordered to be engrossed for a third reading, read the third 21, 1916; and to regulate divoTces in the Canal Zone, and for other tim~ and passed. purposes," approved September 21, 1922, is amended to read as follows : .AMENDMENT OF P.tL~AM.A. O.AN.A.L ACT " SEC. 15. Process-Service, personal and by publication : (a) Upon The bill (II. R. 12316) to amend the Panama Canal act the filing of a petition tor divorce and the affidavit required by sub· and other laws applicable to the Canal Zone, and for other division (b) of section 13 the clerk o! the district court shall i me a purposes, was announced as. next in order. snmmons requiring th·e defendant to appear and answer. If the Mr. KING. This is a very important bill. It contains many defendant ean be found in the Canal Zone, such summons shall be provisions dealing with a variety of subjects-marriage. di served by delivering to 'the defendant- m person a true copy thereof vorce, publication of summons, and various ~ther matters ·and a eopy of the petition for divorce. It the defendant can not be 234 CONGR.ESSION AL RECORD-. SE~ ATE DECE)ffiER 10 found in the Canal Zone, the summons shall be returned to such clerk •• SEc. 21. Effectfve date of d!'cree: (a) No final decree granting a with an indorsement thereon showing such fact. divorce shall be entered until after the expiration of the period of ix "(b) Upon application of the petitioner, accompanied by the affi months from the date of the entry of an interlocutory order adjudging davit required by subdivision (c), it the summons has not been served that a case for· divorce has been proved, and evc>ry such interlocutory as provided in subdivision (a), the court, or the judge thereof, shall order shall expressly state that no dh·orce is granted by it. An appeal enter an order directing service of a summons by publication if it may be taken from any such interlocutory order in the same manner appears to the satisfaction of such court or judge- and within the same time as an appeal from a final decL·ee of such "(1) That the defendant can not be found in the Canal Zone: and court in any other proceeding. "(2) That a proper cause for divorce is alleged in favor of the "(b) After the expiration of such period of six months, or i! an petitioner; and appeal is taken and the case is pending at the time of the expiration "(3) Either (A) that the husband and wife have resided together of such period, then after the final disposition of the case if determiut'd in the Canal Zone and that the defendant has gone out of the Canal in favor of the petitioner, the court, upon application filed within 30 Zone and willfully refuses to return, so that process can not be person days after the expiration of such period or such final dispo ition lJy ally served upon such defendant; or (B) that the marriage was cele the person in whose favor such interlocutory order was entered, shall, brated in the Canal Zone and that the defendant bas abandoned or upon its own motion may, enter a final decree granting a divorce. the petitioner and has gone out of the Canal Zone in disregard of his or No appeal may be taken from such final decree." her marital obligations. (b) Section 21 of such act of September 21, 192::!, as in force im " (c) The petitioner shall file, with the application for an order mediately prior to the passage of this act, shall be applicable in respect Clirecting service of summons by publication, an affi.davit stating the of divorces granted prior to the passage of this act in the same manner present address of the defendant, except that it such address is not and to the same extent as though this act bas not been passed. known to the petitioner such affidavit shall state the last known PURCHASE OF SUPPLIES addre. s of the defendant, and that, after the exercise of due diligence, SEC. 6. The Governor of the Panama Canal may authorize, under the petitioner bas been unable to ascertain such present address. such regulations as he may prescribe, the purchase of supplies for the Such affidavit shall contain such other information as the court, or use of the Panama Canal or for n e in the Canal Zone, in the open the judge thereof, may require. market and without advertising, if the amount involved in any one "(d) Upon entry of an order directing service of a summons by purchase does not exceed $ii00. publication the clerk of the comt shall cause such summons to be A.CTIOX FOR WRO:XG:B'UL DEATJI published at least once each week for three successive weeks in the new,paper designated in such order. The court, or the judge thereof, SEc. 7. (a) Whenever by any injury done or happening within the shall designate a newspaper printed and published in the Canal Zone Canal Zone the death of a person shall be caused by wrongful act, and of general circulation therein, or a. newspaper printed in English neglect, or default, and the act, neglect, or default is such as would, or having an English section or edition and published in the Republic if death had not ensued, have entitled the party injured (or, in the of Panama and having a general circulation in the Canal Zone, which, case of a married woman, have entitled her or her husband, either in the opinion of the court or judge, will be most likely to give notice indlvidually or jointly) to maintain an action and recover damages in to the defendant. The clerk of the court shall mail a copy of the respect thereof, the individual who or corporation, company, or asso summons and a copy of the petition not later than 10 days after the ciation which would have been liable if death had not ensued shall be first publication of the summons, addressed to the defendant at his liable to an action · for damages notwithstanding the death of the per or her last known place of residence. The court is authorized to son injured, and even though the death shall have been causecl under adopt rules prescribing the form of such summons. such circumstances as amount in law to .a felony. "(e) The clerk of the court, after the last publication of a sum (b) Every action under this section shall be brought by and in the mons, shall make certificate that the summons has been published and name of the personal representatives and within one year after the that a copy of the summons and petition has been mailed as required death of such deceased person. (c) No action shall be maintained under this section if the per~on in subdivision (d), and a copy of such summons as published shall sufEering injury and death, or any person for him, bas recoYered be attached to such certificate. Such certificate and copy shall be evidence of such publication and mailing. damages on account of such injury. (d) In an action under this section the jury shall award such "(f) In any case where ser'Vice by publication may be ordered the court, or the judge thereof, upon application of the petitioner, shall damag~ as it shall deem to be a fair and just compensation as esscd with reference to the pecuniary injUL·y, resulting from such death, to authorize personal service upon the defendant outside the Canal Zone. the surviving spouse and children of the deceased, and if there is Such ervice shall be made by delivering to the defendant in person neither a surviving spouse nor child, then to the parents of the de a true copy of the summons and a copy of the petition for divorce ceased, and if there is no parent, then to the brothers and si ters and and may be made by any person not a party to or otherwise interested other blood relatives dependent upon the deceased for support. in the subject matter in controversy. Such service shall have only the (e) Damages recovered in an action under this section shall be for effect of service of summons by publication. Return of such summons the exclusive benefit of the surviylng spouse and other persons enum shall be made with a notation of the time and place of service and erated in subdivision (d), and shall be distributed to them, in the order the fact that the defendant served is a nonresident of the Canal Zone. named in such subdivision, according to the laws in force in the Canal Such return shall be made under oath. 'l'he cost of malting such Zone applicable to the distribution of estates. service shall be borne by the party at whose instance the same was (f) In no case shall recovery under this section exceed the sum of made, except that if made by any such officer authorized to serve proce s the actual cost of such service shall be included as a part $10,000. (g) This section shall not be construed as authorizing a snit again t of the costs of the case. the United States nor as modifying or repealing any othet· act. "(g) All the facts relating to the service of summons, whether made per onally or by publication, must be established to the satis VOID AKD VOIDABLE MARRU.GES--cELEBRATION OF MARUUGES faction of the court, or the judge thereof, before any decree is entered SEC. 8, (a) A marriage celebrated in the Canal Zone after the enact pursuant to a petition for divorce.'' ment of this act shall be void, without being so decreed- SEC. 4. Subdivision (a) of section 16 of such act: of September 21, (!) If between persons related by consanguinity within the fourth 1922, is amended to read as follows: · degree, determined according to the civil law; "SEC. 16. Appearance and answer-Issue and trial: (a) The process (2) If either party thereto bas been previously married and such and practice under proceedings for divorce shall be the same as in other previous marriage has not been terminated by death, annulment, ot· a case in chancery except as in this act otherwise provided. In no such final decree of divorce ; proceedings shall the cause stand for trial before the expiration of the (3) If either party thereto is not present in person at the celebra- time allowed for the defendant to appear and answer. A summons tion of the marriage. issued or published under section 1:> -shall require the defendant to (b) A void marriage may, in addition, be declared by judicial decree, appear and answer- or be shown in any collateral proceeding, to have been void from the "(1) Within 10 days after personal service thereof it such service time of its celebration. is had in the Canal Zone ; SEC. 9. (a) A marriage celebrated in the Canal Zone after the enact "(2) Within 30 days after personal service thereof if such servfce ment of this act shall be voi The title was amended so as to read: u A bill authorizing and is not necessary to have a true bill from a grand jury in directing the Secretary of the Navy to turn over the gunboat order that a man may be tried, and there are also sometimes U. S. S. Wolverine to the municipality of Erie, Pa." instances where men are not allowed to have jury trials but LEGAL RESER~ LIFE INSURANCE BUSL~ESS IN THE DISTRICT are tried by courts. I am opposed to both those methods of procedure, but under the assurance of the Senator from The bill ( S. 4182) to provide a code of law governing legal Montana that the pending mea ·ure does not affect the filing reserve life insurance business in the District of Columbia, and of a true bill or trial by jury I have no objection to the for other purpo es, was announced as next in order. measure. I do object at any time, however, to changing any Mr. SACKETT. I will ask that that bill go over. It is law or making any law that will have the effect of deprivjng objected to by the Senator from Wisconsin, who is not present. a man of tile right to a true bill or of depriving him of the Tile PRESIDING OFFICER. Objection is made, and t_he bill right of trial by jury. ·will go over. l\Ir. WALSH of Montana. Let me explain further to the LOSS OF CIVIL RIGHTS Senator from South Carolina that the loss of civil rights The bill (S. 1042) to amend the Penal Code was announced as follows only upon conviction for felony-- next in order. 1\Ir. BLEASE. I understand that. The PRESIDING OFFICER. Is there objection to the pres Mr. WALSH of Montana. And not upon conviction for a ent consideration of the bill? misdemeanor. So that the addition simply applies to the case Mr. BLEASE. Mr. President, if that bill should become a of felony, law, would it relieve the filing of a true bill by a grand jury? Mr. REED of Penn ·ylvania. Mr. President, I should like Mr. WALSH of Montana. Mr. President, the bill has no ref to inquire of the Senator from Montana about the phraseology erence to that matter. The requirement of the Constitution of the second paragraph. I call the Senator's attention to line that no person can be held to answer for an infamous clime 11 where it leads in substance that con¥iction shall not "make except by indictment of a grand jury still obtains. the accused a felon or infamous.'' Conviction of felony i~ Mr. BLEASE. As I understand, the bill proposes to reduce what constitutes being a felon. Are those words neces ary, certain crimes -to misdemeanors? and, if they are, what is their meaning? It seems to me it if! :Mr. WALSH of Montana. No, Mr. President. Let me ex paradoxical to ay that a man convicted of a felony is not n plain the object of the bill to the Senator from South Carolina. felon. The only change in the law proposed by the bill is in the Mr. WALSH of Montana. I am inclined to agree with the second paragraph. Section 335 of the Penal Code as it now Senator. I must disclaim any authorship of the measure. It stands is the first paragraph of the bill, and reads as follows: comes to us in the form it was presented to us by the American All offenses which may be punished by death or imprisonment for a Bar Association. term exceeding one year shall be deemed felonies. All other offenses Mr. REED of Pennsylvania. Even Homer nodded, I belie,·e. shall be deemed misdemeanors. Mr. WALSH of Montana. The bar association is not infalli That is the law now. To that is added the paragraph which ble by any means, I assure the Senator. follows in the bill, which merely provides that loss of civil Mr. JONES of W~shington. Mr. President, there is another rights shall not accompany a judgment or conviction for an phase of this matter that has been called to my attention, and, infamous crime unless the jury or the court shall so decide. as I have not had time to give any consideration to it, I think It is very well understood that in practically every case of I will ask that tile bill go over. The PRESIDING OFFICER. The bill will be pas ed over con\iction, after the term of the accused has e~pired, an appli cation is made for pardon, in order that his civil rights may under objection. be restored to him. These thing go very largely as a matter BUSI~ESS P~SSED OYER of course. The pa sage of the bill is recommended by the The bill (S. 1043) to authorize the appointment of stenogra Amelican Bar Association for the purpose of relieving accused phers in the courts of the United States and to fix their duties persons of that part of the penalty unless it shall be expressly and compensation was announced as next in order. imposed either by the court or by the jury. Mr. MOSES. I ask that that bill may be passed over. Mr. KING. ~fr. President, will the Senator from Montana The PRESIDING OFFICER. The bill will be pas ·ed over. permit an interruption? The joint resolution (S. J. Res. 112) authorizing the expendi- Mr. WALSH of Montana. Yes. ture of certain sums paid to the United States by the Persian Mr. KING. I recall the discussion that occurred when this Government was announced as next in order. measm·e was before the Judiciary Committee. It has occurred Mr. BLEASEl I ask that the joint resolution go over. to me since we have taken it up that there might be some The PRESIDING OFFICER. Objection is beard, and the difficulty in explaining to the jury upon what theory they joint resolution will be passed over. might make a finding that would relieve the defendant who The bill ( S. 1079) to provide "eumen on American ves, el. · might be convicted of the consequences attendant upon the with a continuous discharge book, to provide for impro\ed conviction. Of course, presumably, the jury could tmderstand efficiency and discipline, and for other purposes, was annm.m<:ed all of tile facts, and yet I was wondering if it would not be as next in order. better to leave the question as to civil rights entirely to the Mr. KIKG. Mr. Pre ident, I was wondering if that bill ought judge, instead of making another issue to be submitted to not to be considered in connection with the one to which the the jury. The judge would have to instruct the jury as to the Senator from Pennsylvania [Mr. REED] a moment ago made effect of a verdict of guilty and then instruct them that if objection. It would seem to relate to the same subject. I thev find the defendant guilty and they think that he ought never have seen this bill, and I was unaware of it being upon not~ to be deprived of his civil rights-and he would have to the calendar. I will ask that it be temporarily laid aside o explain what his civil rights were-they might attach such a that we may have an opportunity to consider it. finding to their verdict. The PRESIDIXG OFFICER. The bill will be passed over :Mr. wALSH of Montana. I am sure that the Senator temporarily. belongs to the same class that I do that does not like to see The resolution ( S. Res. 207) authopzing an investigation of tlle powers and perogatives of the jury restricted in any way. the existing strike of engineers and firemen on the 'V estern Mr. KING. I agree with the Senator. Maryland Railroad was announced as_ next in order. l\lr. 'VALSH of Montana. I do not see why there should Mr. WADSWORTH. I ask that the resolution go over. be any confusion about it. The court can easily explain to The PRESIDIXG O¥FICER. The resolution will be passed the jury that a judgment of conviction would operate to over. deprive a person of his civil rights ; that he would not be any The re olution (S. ReN. 268) disqualifying Senators elect longi:.T regarded as a citizen or entitled to vote or anything from holding a seat in the Senate who have expended more than of that kind, and if they cared to impose such a penalty, $10,000, or more than the amount (in no event exceeding $25,- they should accordingly report. But if the court should think 000) obtained by multiplying 3 cents by the total number of the ·ituation such that the jury might be confused about the votes cast for all the candidates for the office of United State matter he simply would not submit that question to the jury, Senator at the last general election in the State of the residence but would himself in imposing sentence either impose the loss of such Senator elect was announced as next in order. of civil rights or not as he might think wise. It is now left in Mr. WADSWORTH and Mr. REED of Pennsylvania a ked the discretion of the court to submit it to the jury or not, that the resolution be nassed over. Mr. KING. Then I have no objection. The PRESIDING OFFICER. The resolution will be passed The PRESIDING OFFICER. Is there objection to the over. consideration of the bill? OBSOLETE RIFLES LOANED TO VETERANS' ORGANIZATIONS ~Jr. BLEASE. Mr. President, there are some crimes called The joint resolution (H. J. Res. 256) relieving posts or camps misdemeanors, in connection with the prosecution of which it of organizations composed of honorably discharged soldiers, 1926 CONGRESSIONA~ RECORD-SENATE 239 sailo1·s, or marines from liability on account of loss or destruc fi le in the local land office or offices a list or lists of selection under this tion of obsolete rifles loaned by the War Department was an net; and such list or lists shall be paramount to any other application nounced as next in order. for or claim of preference right to the land selected by the State; Mr. Kl.~. TG. I inquire if that joint resolution has been re The bill was reported tO the Senate without amend~ent, or ported by the Committee on Military Affairs? dered to be engrossed for a third reading, read the third time, The PRESID!l'G OFFICER. The calendar so shows. and passed. Mr. KING. May I ask the chairman of the committee if it The PRESIDIXG OFFICER. This completes the bills on the has the unanimous approval of the committee? calendar. Mr. WADSWORTH. It had the unanimous approval of the committee. COLORADO lllVER BASIN :Mr. KL,G. Including the chairman? Mr. KING. Mr. President, on the 8th of December, 1925, I Mt:. WADSWORTH. Certainly. introduced a bill to authorize the President to investigate the i\Ir. REED of Pennsylvania. Mr. President, I was not pres potential utilization of the water resources of the Colorado ent when the joint resolution was before the committee. River Basin. That bill has been pending before the Committee Would not the measure as it is drawn put the burden on the on Irrigation and ReClamation since the date of its introduc Secretary of War in each case of finding out whether all the tion. I appeared before the coiDJllittee, which was considering members of a post were honorably discharged? It seems as another bill, and urged that this measure be taken up. In though it would. I think thoBe words might profitably be view of the action of the committee in reporting a measure stricken out of the joint resolution. utterly at variance with the terms of my bill, I think the com Mr. WADSWORTH. I think we can compose any differ mittee should be discharged from its further consideration. ences. My understanding is that these organizations admit I therefore desire to give notice that to-morrow, or as· soon only honorably discharged soldiers to membership in any event. as possible, r shall move that the Committee on Irrigation and :Mr. REED of Pennsylvania. That is my understanding; Reclamation be discharged from the further consideration of but we do not need to put the Secretary of War under the Senate Bill 664 and that it be brought back to the Senate. burden of examining the discharge of every member, do we? .Mr. MoNARY. Mr. President, I think I should reply briefly Mr. WADSWORTH. That is a descriptive term applicable to the statement made by the Senator from Utah [Mr. KINo] to these typical organizations of veterans. that be intends to ask for the discharge of the Committee on Mr. REED of Pennsylvania. If they are not respectable, Irrigation and Reclamation, of which formerly I was chairman, the Secretary of War will not give them the guns, to begin and was such during the whole period covered by the study with. If they are good enough to get the guns, then he ought that the Senator suggests in his bill. not to investigate such a subject as that. About two years ago the Senator from California [Mr. JoHN Mr. WADSWORTH. I do not think that that follows. The soN] introduced in the Senate a bill providing for the devel Secretary of War is authorized in the original statute to loan opment of power and the control of the waters of the Colorado these obsolete rifies to veterans of organizations composed of River. The committee made an intensh·e study of the subject. honorably discharged soldiers. The ·phrase "honorably dis The committee showed its interest and enthusiasm by visiting charged soldiers" is here used merely as a descriptive phrase the premises and inspecting the development site. Later on, of the type of organization to which he may make the loan. after further study and research, the committee reported favor :Mr. REED of Pennsylvania. I have heretofore seen the ably a bill which is now on the calendar. Tbe Senator from Comptroller General's work on a statute worded like that. Utah introduced his bill, and appeared voluntarily before the Mr. WADSWORTH. I think it is safe. committee at one time and made a statement, leaving at lea ·t Mr. REED of Pennsylvania. If the Senator thinks it is safe, with the chairman the thought that the Senator would at some I have no objection. other time pursue the matter and further develop his case. The PRESIDING OFFICER. Jc: there objection to the pres- I did not know that the matter was closed. The able Senator ent consideration of the joint reo::. lution? . n·om Utah gave the impression I think to the whole of the There being no objection, the Senate, as in Committee of the committee that he desired to bring before the committee fur ther evidence in support of his position ; and I think the record Whole, p1·oceeded to consider the joint resolution1 which was read, as follows : will show that the Senator said that he would like to appear before the committee at some future time and make a further Re8olved, etc., That the Secretary ·of War is hereby authorized, at statement. Waiting for that thing which so often happens in his discretion, in proper cases to relieve posts or camps of organi the life of a busy man, we have not concluded our business; zations composed of honorably discharged soldiers, sailors, or marines, and, for that reason, if the Senator from Utah de ires to follow and sureties on bonds, from liability on account of the loss or desh·uc- up this matter, the committee-which I shall leave in. a day . tion of obsolete or condemned Army rifles, slings, and cartridge belts or two, but which will be ably presided over by tbe Senator loaned by the Secretary of War under authority of the act approved from Colorado [Mr. PHIPPB]-will bear the Senator or any June 5, 1920 ( 41 Stat., pp. 976-977), when there is conclusive evidence witne ses he may produce in behalf of his bill. that the loss had not occurred through negligence. Mr. KING. Mr. President, will the Senator yield? The joint resolution was reported to the Senate without Mr. MoNARY. I will. amendment, ordered to a third reading, read the third time, and Mr. KING. · I think the Senator has stated the situation passed. substantially correctly. The Senator will recall, however, that _ BILL PASaEI) OVER my concluding statement a moment ago was that the bill, which Mr. NEELY. Mr. President, I ask unanimous consent to was reported almost unanimously, was wholly at variance with return for a moment to Order of Business No. 1225, to which the theory of the bill which I had introduced ; and, therefore, objection was made. it occurred to me that further consideration of my bill by The PRESIDING OFFICER. The Senator from West Vir the committee was quite improbable, and that if it should ginia asks unanimous consent to return to Order of Business consider it further its action would be adverse, because, if the 1225, which was passed over under objection. bill which was reported is an expression of the views of the Mr. FESS. I object committee, obviously it would not support a proposition which The PRESIDING OFFICER. Objection is made to the re asked the President of the United States to appoint a commis que-st. The Secretary will state the next bill on the calendar. sion to investigate the same matters which it bad investigated, and to report a comprehensive project for the development of NONMINERAL LANDS IN MO:iTANA the Colorado River. The bill ( S. 4533) extending to lands released from witb However, in view of the statement of the Senator I shall not dra wal under the Carey Act the right of the State of Montana press the motion, but shall ask the committee to hear my bill to secure indemnity for losses to its school grant in the Fort at an early date; but I make the prediction now that if the Belknap Reservation, was considered as in Committee of the members of the committee have not changed their minds 'Whole and was read, as follows : and I hope they have-they will report substantially unani Be it enacted, etc., That the right of indemnity conferred upon the mously against it, and express their adherence to the bill State of Montana by section 7 of the act of March 3, 1921 (41 Stats., which is now before us, known as the Swing..Johnson bill, pp. 1355, 1359), be, and the same is hereby, extended to embrace any which I hope will not be passed at this time or any other nonmineral public land in Montana which has been or may be released time. from segregation under section 4 of the act of August 18, 1894 (28 M.r. McNARY. I can not speak for the committee or its Stats., pp. 372, 422), to the extent that such right has not been and probable attitude on the further consideration of the Senator's can not be exercised within the limits of the Fort Belknap Reservation. bill ; but, speaking for the former chairman of the committee, SEC. 2. That for 60 days from and after the date of the opening I can say that his mind has not been changed at all; and I to entry of lands released from segregation under said act of August will say, as a parliamentary proposition, to my learned friend 18, 1894, the State of Montana shall have the right to select and n·om Utah that when the bill comes up in the Senate he can 240 CONGRESSIONAL RECORD-SENATE DECE~IBER 10 offer his resolution as an amen the department, and to the large additional force that it would 1I Mr. McNAllY. Why? ~eqnire, the comm~ttee ~ecided not to make that requirement Mr. JONES of Wa hington. An )Ir. JOHXSON. The imminence of the event justifies the J Commander Ralph A. Koch to be a captain in the Navy from pre:eutation of the resolution and the request for its immediate the 13th day of January, 1926. cuusideration. · Commander Charles S. Kerrick to be a captain in the Navy The Senate, by unanimous consent, proceeded to consider the from the 16th day of January, 1926. re"olution. Commander Lamar R. Leahy to be a captain in the Navy 1\Ir. HEFLIN. Mr. President, I will say to the Senator from from the 18th day of March, 1926. California that I read a statement from the chairman of the Commander Milton S. Davis to be a captain in the Navy from Shipping Board th~·ee or four days ago in "\"\'hich he said that if the 20th day of 1\Iarch, 1926. he could find buyers for these ships, the price would not make any Commander Sam C. Loomis to be a captain in the Navy from ilifference; that they would go ahead and sell them. I think it the 2d day of April, 1926. is very important that the resolution should be agreed to. Commander Charles A. Blakely to be a captain in the ~avy 1\Ir. McKELLAR. Mr. President, I want to joiu in that from the 3d day of May, 1926. statement. I believe that it is most important indeed. If they Commander Macgillivray Milne to be a captain in the Navy undertake to sell those ships now, they will do ..,o not in good from the 4th day of June, 1926. faith. because at a hearing in Memphis a month or six weeks The following-named commanders to be captains in the Navy ago the commission assured me that the ships would not be from the 4th day of June, 1926: sold. It does seem to me that if they are now intending to sell Wilbur R. Van Auken. Harold R. Stark. or if there is any pro pect of their sale, the resolution ought James D. Willson. Ernest Friedrick. to he adopted, and I hope it will be agreed to immediately. :\Iartin K. lfetcalf. William Ancrum. :\lr. JOHNSON. Mr. President, may I add simply that I am Thomas H. Taylor. Frank H. Sadler. going to request the c.hairman of the .commit~ee on Commerce Commander Charles E. Smith to be a captain in the Navy to c.onvene that ~omm1ttee ~t the earliest possible moment and from the 11th day of June, 1926. g? mto the. subJect. ma!ter. I have gu~rd~dly e:A1>ressed my The following-named commanders to be captains in the Navy v1ew. My mform.ation IS that the sale 1s likely to take place . from the 1st dav of July 1926: on Monday morrung, and for that reason some expressiOn I · ' tllought advisable. That expression is contained in the reso- Rob~rt A. Dawes. Andrew C. Pickens. lution. I ask that it be considered and agreed to. Dav~d M. LeBreton. Husband E. Kimmel. i\Ir. JONES of Washington. The Senator knows what effect Damel T. Ghent. the adoption of a resolution of this kind woul,d have, both Nathaniel H. Wright an additional number in grade. legally and otherwise? The following-named commanders to be captains in the Navy 1\lr. JOHNSON. At any rate we can get the facts. from the 16th day of July, 1926: 1\lr. McNARY. There is a very good precedent in the sale Paul E. Dampman, additional number in grade. of the Dollar ships, which was held up by reason of a resolution Clyde S. l\IcDowell, additional number in grade. to give the Commerce Committee an opportunity to investigate Paul P. Blackburn. that matter. Commander Lawrence P. Treadwell to be a captain in the Mr. JONES of Washington. What resulted from that in- Navy from the 6th day of September, 1926. vestigation? The following-named commanders to be captains in the Navy Mr. McNARY. It resulted in the sale of the ships, but it from the 1Gth day of September, 1926: did "\"\'ithhold action until we had an opportunity to investigate. A1thur H. Rice. 1\!r. SMITH. Mr. Pre: ident, I think it is the duty of the Halsey Powell. Senate to pass the resolution because I believe the country Commander Forde A. Todd to be a captain in the Navy from i pretty fully aware of the situation, and I think it is the the 2d day of October, 1926. object to save tho e ships for the purposes for which they were Commander Abram Claude to be a captain in the Navy from built nnd dedicated. the 6th day of October, 1926. · 'fhe PRESIDING OFFICER. The que tion is on agreeing Lieut. Commander Francis T. Chew to be a commander in to the resolution. the Navy from the 16th day of January, 1926. The resolution was agreed to. Lieut. Commander John C. Hilliard to be a commander in ORDER FOR RECESS the Navy from the 11th day of March, 1926. Mr. JONES of Washington. I ask unanimous consent that Lieut. Commander Archibald H. Douglas to be a commander in the Navy from the 18th day of March, 1926. when the Senate concludes its business to-day it take a recess Lieut. Commander Rufus King to be a commander in the until 12 o'clock to-morrow. Navy from the 20th day of March, 1926. The PRESIDING OFFICER. Without objection, it is so Lieut. Commander Willis A. Lee, jr., to be a commander in ordered. the Navy from the 2d day of April, 1926. ANNUAL REPORT OF GOVER~OR OF VIRGIN ISLAI'.'l>S Lieut. Commander Maurice R. Pierce to be a commander in 1\Ir. BINGHAM. 1\!r. President, there has been a great deal the Navy from the 3d day of May, 1926. of interest shown in the affau·s of the Virgin Islands, and there The following-named lieutenant commanders to be com- is n. great deal of ignorance on the subject. I ask unanimous manders in the Navy from the 4th day of June, 1926: consent that the .Annual Report of the Governor of the Virgin Charles L. Best. Fred T. Berry. IslandJ, a very brief document, be printed as a Senate document. William w. WilsoL. James D. Smith. The PRESIDING OFFICER. Without objection, it is so Victor D. Herbster. Marshall Collins. ordered. Cary ,V, Magruder. Thomas C. Kinkaid. EXECUTIVE SESSION 'William H. Pashley. Selah M. La Bounty. Mr. CVRTIS. I move that the Senate proceed to the consid- William R. Purnell. Harry G. Donald. eration of executive business. Frederic T. Van .A.uken. L-eland Jordan, jr. The motion was agreed to, and the Senate proceeded to the Kinchen L. Hill. James G. Stevens. consideration of executive business. After five minutes spent Charles M. James. Abner M. Steckel. in executive session the doors were reopened, and the Senate (at Eddie J. Estess. John H. Everson. 5 o'clock and 16 minutes p. m.), under the order previously 'William H. Stiles, jr. Robert R. l\f. Emmet. entered, took a recess until to-morrow, Saturday, December 11, David F. Ducey. Henry B. LeBourgeois. 1926, at 12 o'clock meridian. Edmund w. Strother. Lieut. Commander Laurance S. Stewart to be a commander in NOMINATIONS the Navy from the 11th day of June, 1926. B.recttt-ive nominations 'rece-weit by the Senate December 10, The following-named lieutenant commanders to be command- 1926 ers in the Navy from the 1st day of July, 1926: REAPPOI~T~I:ENT IN TRE OFFICERS' RESERVE CORPS OF THE ARMY Guy C. Barnes. Cleveland l\IcCjluley. GE~ERAL OFFICER Samuel S. Payne. Leslie C. Davis. To be brigadier general, t·eset·ve Frankiin P. Conger. Ray:r;nond G. Thomas. The following-named lieutenant commanders to be command- Rrig. Gen. Palmer Eddy Pierce, reserve, from December 23, 1926. ers in the Navy from the 16th day of July, 1926: Aquilla G. Dibrell. PROMOTIONS AND APPOINTMENTS IN THE NAVY • Henry D. McGuire. Capt. Yates Stirling, jr., to be a rear admiral in the Navy Lieut. Commander Edward H. Connor to be a commander in from the 6th day of October, 1926. the Navy from the 28th day of August, 1926. Commander Earl P. Finney to be a captain in the Navy from Lieut. Commander Theodore S. Wilkinson, jr., to be a com the 17th day of December, 1925. mand~ in the Navy from the 1st day of September, 1926. 250 / CONGR.ESSION AL RECORD-SEN ATE DECEMBER 10 Lieut. Commander William W. Smith to be a commander in Delbert L. Conley. Rintoul T. Whitney. the Navy from the 6th day of September, 1026. Rhea S. Taylor. Harold J. McNulty. Lieut. Commander David I. Hedrick to be a commander in Stanley A. Jones. Emil Pohli. the Navy from the 16th day of September, 1926. Charles S. Boarman. Joseph W. Long. Lieut. Commander Olaf 1\I. Hustvedt to be a commander in George C. Hern. Earl B. Wilkins. t11e Navy from the 16th day of September, 1926. John E. Beck. Gordon l\I. Boyes. Lieut. Commander Alva D. Bernhard to be a commander in Trevor Lewis. Stanley F. Patten. the Navy from the 2d day of October, 1926. Thomas 0. McCarthy. Dorris D. Curley. Lieut. Commander Benjamin V. McCandlish to be a com Arley S. Johnson. John G. Winn. mander in the Navy from the 6th day of October, 1926. Wallace B. Hollingsworth, jr. Robert E. Mason. Lieut. Robert H. Maury to be a lieutenant commander in the Joseph E. Shaw. Cyril A. Rumble. Navy from the 16th day of February, 1926. Campbell Keene. William A. Hardy. Lieut. Nelson J. Leonard to be a lieutenant commander in Nolan M. Kindell. Francis A. Packer. the Navy from the 2d day of April, 1926. William J. Walker. Daniel N. Logan. Lieut. William De Wayne Austin to be a lieutenant com Alford J. Williams, jr. John A. Pennington. mander in the Navy from the 14th day of April, 1926. The following-named lieutenants (junior grade) to be lieu- The following-named lieutenants to be lieutenant commanders tenants in the Navy from the 5th day of June, 1926: in the Navy from the 4th day of June, 1926: Kenneth H. Noble. Marion R. Kelley. Homer W. Graf. John J. Mahoney. Walter E. Moore. Duncan Curry, jr. James P. Brown. Preston Marshall. Alfred M. Granum. John G. Jones. Delorimier M. Steece. Joseph H. Chadwick. Ransom K. Davis. Paul R. Coloney. Frederick G. Richards. James E. Maher. James E. Hamilton. Clarence E. Olsen. John B. Kneip. Leighton Wood. Nealy A. Chapin. Daniel V. Gallery, jr. Francis 1\I. Maile, jr. Harvey E. Overesch. Edward E. Roth. William B. Fletcher, jr. John L. McCrea. Allen G. Quynn. Henry G: WilliaiQs. Burton B. Biggs. Tully Shelley. James M. Lewis. Elmer D. Snare. Norman 0. Schwien. John S. Farnsworth. Isaac Schlossbach. George H. DeBaun. Claiborne J. Walker. Allan E. Smith. Ralph W. Christie. William L. Rees. Burton G. Lake. Chester E. Lewis. William S. Hactor. Talbot Smith. Clarence V. Conlan. Stuart A. Maher. William D. Sullivan. George Van Deurs. Charles F. Erck. Clifford G. Richardson. Albert Osenger. Edwin G. Fullinwider. Edwin D. Graves, jr. Jonathan H. Sprague. Thomas 0. Cullins, jr. Joseph 0. Sam·ette. Lieut. DeWitt C. Watson to be a lieutenant commander in the Lucien A. M:oebus. William L. Maxson. Navy from the 11th day of June, 1926. James R. Dudlev. Joseph F. Bolger. The following-named lieutenants to be lieutenant commanders William E. Sullivan. Roy C. Hudson. in the Navy from the 1st day of July, 1926: Oswald S. Colclough. Eugene G. Herzinger. · Henry M. Mullinnix. Ralph E. Davison. Don P. Moon. The following-named lieutenants (junior grade) to be lieu- Russell S. Berkey. George F. Hussey, jr. tenants in the Navy from the 7th day of June, 1926: Thomas J. Keliher, jr. Osborne B. Hardison. William C. Allison. Hugo Schmidt. Clinton E. Braine, jr. Virgil K. Bayless. Lieut. Laurance F. Safford to be a lieutenant commander in Lieutenant (Junior Grade) Lyman A. Thackrey to be a lieu the Navy from the 9th day of July, 1926. tenant in the Navy from the 11th day of June, 1926. Lieut. Robert A. Awtrey to be a lieutenant commander in the Lieutenant (Junior Grade) John A. Snackenberg to be a lieu Navy from the 21st day of July, 1926. - tenant in the Navy from the 11th day of June, 1926. Lieut. Donald M. Carpenter to be a lieutenant commander in Lieutenant (Junior Grade) Carlton R. Todd to be a lieu the Navy from the 1 t day of September, 1926. tenant in the Navy from the 12th day of June, 1926. Lieut. Paul R. Glutting to be a lieutenant comma,nder in the Lieutenant (Junior Grade) Thomas L. Wattles to be a lieu Navy from the 27th day of September, 1926. tenant in the Navy from the 15th day of June, 1926. The following-named lieutenants to be lieutenant commanders The following-named lieutenants (junior grade) to be lieu- tn the Navy from the 2d day of October, 1926: tenants in the Navy, from the 1st day of July, 1926: Willard A. Kitts, 3d. Bertram J. Rodgers. Gerard F. Galpin. James Kirkpatrick, jr. Lieut. (Junior Grade) James S. Haughey to be a lieutenant Atherton 1\Iacondray, jr. l\lax Welborn. in the Navy from the 22d day of 4-pril, 1925. • Alexander J. Gray, jr. George H. Bahm. Lieut. (Junior Grade) Va,n Fitch Rathbun to be a lieutenant Joseph A. McGinley. Francis J. 1\lcKenna. in the Navy from the 7th day of June, 1925. Gordon B. Parks. Charles R. Pratt Lieut. (Junior Grade) Harold H. Kendrick to be a lieutenant Lieut. (Junior Grade) Rutledge B. Tompkins to be a lieu in the Navy from the lOth day of November, 1925. tenant in the Navy, from the 11th day of July, 1926. Lieut. (Junior Grade) Frederick W. Roberts to be a lieuten Lieut. (Junior Grade) Heber B. Brumbaugh to be a lieu ant in the Navy from the 7th day of June, 1925. tenant in the Navy, from the 16th day of July, 1926. Lieut. (Junior Grade) Chester A. Swafford to be a lieutenant The following-named lieutenants (junior grade) to be lieu- in the Navy from the 4th day of September, 1925. tenants in the Navy, from the 21st day of July, 1926: Lieut. (Junior Grade) Orville G. Cope, jr., to be a lieutenant 'Willis N. Rogers. in the Na\Y from the 17th day of September, 1925. Guy Chadwick. Lieut. (Junior Grade) Charles Wilkes to be a lieutenant in Campbell H. lllinckler. the Navy from the 19th day of October, 1925. Lieut. (Junior Grade) Ed\vin W. Schell to be a lieutenant Lieut. (Junior Grade) Charles A. Collins to be a lieutenant in the Navy, from the 6th day of August, 1926. in the Navy from the 16th day of December, 1925. Lieut. (Junior Grade) Christophel· Noble to be a lieutenant Lieut. (Junior Grade) Elmer Kiehl to be a lieutenant in the in the Navy, from the 28th day of August, 1926. Navy from the 19th day of January, 1926. Lieut. (Junior Grade) Timothy J. O'Brien to be a lieutenant Lieut. (JtuJior Grade) Francis W. Beard to be a lieutenant in the Navy from the 16th day of September, 1926. in the Navy from the 1st day of February, 1926. Lieut. (Junior Grade) Wesley C. Bobbitt to be a lieutenant Lieut. (Junior Grade) Roland E. Krause to be a lieutenant in in the Navy from the 23d day of September, 1926. the Navy from the 1st day of :March, 1926. Lieut. (Junior Grade) Timothy F. 'Vellings to be a lieutenant Lieut. (Junior Grade) George E. Ernest to be a lieutenant in the Navy from the 27th day of September, 1926. in the Navy from the 2d day of March, 1926. The following-named lieutenants (jtuJior grade) to be lieu- Lieut. (Junior Grade) Joseph H. Gowan to be a lieutenant in the Navy from the 11th day of :March, 1926. tenants in the Navy from the 1st day of October, 1926. Lieut. (.Junior Grade) Homer N. Wilkinson to be a lieuten Joseph C. Y an Cleve. ant in the Navy from the 16th day of March, 1926. Ralph E. Butterfield. The following-named lieutenants (junior grade) to be lieu The following-named ensigns to be lieutenants (junior grade) tenants in the Navy from the 4th day of June, 1926: in the Navy from the 3d day of June, 1925: Julius A. Burgess. Lester G. Bock. Edward W. Foster. Thomas D. Wil on. John L. Murphy. Caleb J. Coatsworth. David W. Hardin. Ferdinand C. Dugan, jr. 1926 CONGRESSIONAL RECORD-SENATE 251 The following-named ensigns to be lieutenants (junior grade) Medical Director Charles H. T. L-owndes to be a medical in tl1e Navy from the 8th day of June, 1926: director in t11e Navy, with the rank of rear admiral, from the Kenneth M. McLaren. Le Merton E. Crist, jr. 23d day of November, 1919. Harry Sanders. John E. Whitehead. The following-named medical inspectors to be medical di Robert W. Haase. Joseph N. Wenger. rectors in the Navy, with the rank of captain, from the 3d day Warren S. Parr. Marshall M. Dana. of J nne, 1921 : Frederic S. Withington. Roy E. Carr. Charles St. John Butler. Richard G. McCool. Paul C. Wirtz. John M. Brister. 1\lerrall K. Kirk Patri<::k. Charles H. 1\lomm. Charles G. Smith. Henry D. Wolleson. McFarland W. Wood. The following-named medical iih.9)ectors to be medical di Charles W. Humphreys. Frank V. Rigler. rectors in the Navy, with the rank of captain, from the 28th John R. Johanne ·en. William A. Riley. day of December, 1921: William H. von Dreele. James H. Thach, jr. Ulys R. Webb. Charles M. Oman. Stewart Lindsay. John M. Ocker. Joseph P. Traynor. John F. 1\lurphy. Elliott B. Strauss. Howard l\1. Kelly. The following-named medical inspectors to be medical di Carl G. Gesen. Elbert L. Fryberger. rectors in the Navy, with the rank of captain, from the 3d day Arleigh A. Bm·ke. Kenneth P. Hartman. of June, 1922: En.·ign Charles F. Coe to be a lieutenant (junior grade) in John L. Neilson. the Navy from the 8th day of June, 1926, to correct the spelling Clarence F. Ely. of name as pre\'iously nominated and confirmed. Albert J. Geiger. The following-named ensigns to be lieutenants (junior grade) The following-named. medical inspectors to be medical di in the KaYy from the 8th day of June, 1926: rectors in the Navy, with the rank of captain, from the 5th d Boatswain Anthony Feher to be a chief boatswain in the CONNECTICUT Navy, to rank with but after ensign, from the 5th day of August, 1926. W. Frank Smith to be postmaster at Wallip.gford, Conn., in place of W. F. Smith. Incumbent's commission expired Decem· 'l'he following-named gunners to be chief gunners in the ber 4, 1926. Navy, to rank with but after ensign, from the 5th day of August, 1926: Irving S. Cook to be postmaster at Higganum, Conn., in place of I. S. Cook. Incumbent's commission expired December 4, Warren 0. Carr. Francis Quotidomine. 1926. Charles B. Day. Ralph T. Bundy. Joseph J. Oox. W. Kenneth A very to be postmaster at Granby, Conn., in place of W. K. Avery. Incumbent's commission expired De Electrician John C. Gallagher to be a chief electrician in the cember 4, 1926. Navy, to rank with but after ensign, from the 2d day of June, 1926. Alfred A. Barrett to be postmaster at Berlin, Conn., in place of A. A. Barrett. Incumbent's commission expired December Electrician Thomas Q. Costello to be -a chief electrician in the 4, 1926. Na-ry, to rank with but after ensign, from the 5th day of August, 1926. FLORIDA Radio Electrician Alexander M. McMahon to be a chief radio Charles '1\ Hummer to be postmaster at East Winter Haven, electrician in the Navy, to rank with but after en ign, from Fla. Office became presidential July 1, 1926. the 2d day of April, 1925. · GEORGIA Radio Electrician Everett T. Proctor to be a chief radio electrician in the Navy, to rank with but after ensign, from Jacob S. Eberhardt to be postmaster at Carlton, Ga., in place the 2:Jth day of 1\Iay, 1926. of J. S. Eberhardt. Incumbent's commission expired April 17, Machinist Charles Pilarski to be a chief machinist in the 1926. Navy, to rank with but after ensign, from the 20th day of Minnie E. Giddens to be postmaster at Willacoochee, Ga., in December, 1924. place of E. L. Moore. Incumbent's commission expired Novem The following-named machinists to be chief machinists in the ber 21, 1925. Navy, to rank with but after ensign, from the 5th day of Frank H. Moxley to be postmaster at )Vadley, Ga., in place August, 1926: of F. H. Moxley. Incumbent's commission expires December John W. Cunningham. William J. Lowe. 14, 1926. William T. Crone. Edward J. Tyrrell. Sam Tate to be postmaster at T-ate, Ga., in place of Sam David L. Jones. - Vincent H. Starkweather. Tate. Incumbent's commission expired July 28, 1923. Pay Clerk Charles C. Jordan to be a chief pay clerk in the Thomas H. Anthony to be postmaster at Shellman, Ga., in Navy, to rank with but after ensign, from the 1st day of place of T. H. Anthony. Incumbent's commission expired De September, 1925. cember 4, 1926. Pay Clerk Clarence Jackson to be a chief pay clerk in the Dana M. Lovvorn to be postmaster at Richland, Ga., in place Navy, to rank with but after ensign, from the 11th day of of D .. M. Lovvorn. Incumbent's commission expires December July, 1926. 14, 1926. Lieut. Commander Preston B. Haines to be a commander in Frederick Bonner to be postmaster at Perry, Ga., in place of the Navy from the 27th day of September, 1926. Frederick Bonner. Incumbent's commission expired Decem Lieut. Leon S. Fiske to be a lieutenant commander in the ber 4, 1926. Navy from the 16th day of September, 1926. John 0. Massey to be postmaster at Hartwell, Ga., in place Surg. John B. Pollard to be a medical inspector in the Navy, of J. C. Massey. Incumbent's commission expired December with the rank of commander, from the 31st day of December, 4, 1926. 1921. Afley M. Cherry to be postmaster at Donalsonville, Ga., in POSTMASTERS place of A. M. Cherry. Incumbent's commission expires De .ALABAMA cember 14, 1926 . Charles E. Walton to be ·postmaster at Columbus, Ga., in Silas E. Sanderson to be postmaster at Leighton, Ala., in place place of C. E. Walton. Incumbent's commission expired De of F. W. McCormack. Incumbent's commis~ion expired March cember 4, 1926. 2, 1926. Will E. Davis to be postmaster at Boston, Ga., in place of Lee M. Otts to be postmaster at Greensboro, Ala., in place of W. E. Davis. Incumbent's commission expired December 4, L. M. Otts. Incumbent's commission expires December 14, 1926. 1926 . .ARKA..c~SA.S William F. Boone to be postmaster at Baxley, Ga., in place Cooper Hudspeth to be postmaster at Nashville, Ark., in place of W. F. Boone. Incumbent's commission expired December 4, of Cooper Hudspeth. Incumbent's commission expired December 1926. 4, 1926. Watson K. Bargeron to be postmaster at Sardis, Ga., in Jame G. Brown to be postmaster at Magnolia, Ark., in place place of G. ,V, Graham, deceased. of J. G. Brown. Incumbent's commission expired December IDAHO 4, 1fi26. a James F. Hudson to be postmaster at Lake Village, Ark., in Charles B. Billups to be postmaster at Nezperce, Idaho, in place of J. F. Hudson. Incumbent's commission expired Decem place of C. B. Billups. Incumbent's commission expired De ber 4, 1926. cember 4, 1926. William B. Pape to be postmaster at Fort Smith, Ark., in ILLINOIS place of W. B. Pape. Incumbent's commission 'expired Decem Joseph E. Schantz to be postmaster at Wilmette, Ill., in place ber 4. 1926. of J. E. Shantz. Incumbent's commission expires December 12, James S. Burnett to be postmaster at Clinton, Ark., in place 1926. of J. S. Burnett. Incumbent's commission expired December 4, 1926. Edward S. Bundy to be postmaster at Thompsonville, Ill., COLOIU.DO in place of E. S. Bundy. Incumbent's commission expires December 12, 1926. Charles E. Hart to be postmaster at Monte Vista, Colo., in Frank Reed to be postmaster at Taylorville, Ill., in place of place of C. E. Hart. Incumbent's commission expired September 22, 1926. Frank R~ed. Incumbent's commission expired April 13, 1926. Frances E. Tinker to be postmaster at Stonington, TIL, in Henry Miller to be postmaster at ~fanzanola, Colo., in place of Henry Miller. Incumbent's commission expired September place of F. E. Tinker. Incumbent's commission expired No 22, 1926. vember 9, 1925. Frederick H.' Leach to be postmaster at Idaho Springs, Colo., 'l'homas A. Brown to be postmaster at Sparta, Ill., in place in place of F. H. Leach. Incumbent's commission expires of T. A. Brown. Incumbent's commission expires December December 12, 1926. 12, 1926. William H. Cochran, jr., to be postmaster at Del Norte, Colo., William C. Roodhouse to be postmaster at Roodhouse, Ill., In place of W. H. Cochran, jr. Incumbent's commission expired in place of W. C. Roodhouse. Incumbent's commission expires December 4, 1926. December 12, 1926. Arthur I. Weaver to be postmaster at Creede, Colo., in place Franklin S. Lyman to be postmaster at Oak Forest, Ill., in of A. I. 1Yea-rer. Incumbent's commission expired July 31, place of F. S. Lyman. Incumbent's commission expired Decem 1926. ber 4, 1926. David P . .saunders to be postmaster at Brush, Colo., in place Leslie J -; Smith to be postmaster at l\Iount Auburn, Ill.,· in of D. P. Saunders. Incumbent's commission expired December place of L ..J. Smith. Incumbent's commission expired Novem 9, 1926. ber 17, 192o. 254 CO:NGRESSIO:NAL RECORD-SEN~t\.TE DECEMBER 10 Milton G. Hartenbower to be postmaster at Lostant, Til., in Charles S. Walling to be postmaster at Oskaloosa, Iowa, in place of M. G. Hartenbower. Incumbent's commi.·sion expired place of C. S. Walling. Incumbent's commission expires De Dt:>cember 4, 1926. cember 12, 1926. Orlando H. Akin to be postmaster at Kirkwood, Ill, in place Leona S. Bush to be postmaster at Moville, Iowa, in place of 0. R Akin. Incumbent's commission expired December 4, of L. S. Bush. Incumbent's commission expires December 12, 1926. 1926. Walter A. Leigh to be postmaster at Jerseyville, Ill., in place George W. Kennedy to be postmaster at Montrose, Iowa, in of W. A. Leigh. Incumbent's commission expires December 12, place of G. W. Kennedy. Incumbent's commission expires De 1926. cember 13, 1926. Walter J. Holt to be postmaster at Hanna City, Ill., in place Harry J. Perlin to be po. tmaster at Monroe, Iowa, in place of W. J. Holt. Incumbent's commission expired December 4, of H. J. Perrin. Incumbent's commission expires December 12, 1026. 1926. Bertha Gray to be po tmaster at Griggsnlle, ill., in place of Milton G. Irwin to be postmaster at :Merrill, Iowa, in place of Bertha Gray. Incumbent's commission expires December 13, M. G. Irwin. Incumbent's commission expires December 12, 1926. 1926. John F. Gilman to be po tma ter at Farmersnlle, Ill., in Laura H. ·Martin to be postmaster at Marathon, Iowa, 1n place of .T. F. Gilman. Incumbent's commis ~ ion expired Novem place of L. H. Martin. Incumbent's commission expil'ed De ber 8, 1025. cember 4, 1926. Jame E. Seabert to be postmaster at Dwight, Ill., in place of Albert Lille to be po tmaster at Lake View, Iowa, in place J. E. Seabert. Incumbent's commission expires December 13, of Albert Lille. Incumbent's commission expires December 12, 1026. 1926. Philip W. :1\faxeiner, jr., to be postmaster at Dorchester, Ill., Otto W. Bierkamp to be postmaster at Durant, Iowa, in in place of P. W. Maxeiner, jr. Incmnbent's commission ex place of 0. W. Bierkamp. Incumbent's commission expired De pired November 21, 1925. cem ber 4, 1926. Guy W. Astell to be postmaster at Broadlands, Ill., in place George 0. Lloyd to be postmaster at Dallas Center, Iowa, in of G. W. Astell. Incumbent's commission expires December 13, place of G. C. Lloyd. Incumbent's coD1111ission expires Decem 1926. ber 12, 1926. Frithjof T. E. Kalium to be postmaster at Blue Island, Ill., in Frank K. Hahn to be postmaster at Cedar Rapids, Iowa, in place of F. T. E. Ka llum. Incumbent's commi :-;ion expires place of F. K. Hahn. Incumbent's comrnissi(}n expired July December 13. 1926. , 24, 1926. 'Villiam Ryder to be po tmaster at Aubmn, TIL, in place of Arden W. Keeney to be postmaster at Carlisle, Iowa, in place William Ryder. Incumbent' commission expired December 4, of A. W. Keeney. Incumbent's commission expired December 1926. 4, 1926. Edgnr H. Chadwick to be postmaster at Ashton, lll, in place Hazel N. Chapman to be postmaster at Bagley, Iowa, in place of E. H. Chadwick. Incumbent's commission expires December of H. N. Chapman. Incumbent's commission expired December 13, 1926. 4, 1926. L.~DllNA Anna Reardon to be postmaster at Auburn, Iowa, in place of .Jo eph E. Lewis to be postmaster at Williamsport, Ind., in Anna Reardon. Incumbent's commission expires December 12, E. place of J. Lewis. Incumbent's commission expired Decem 1926. ber 4, 1926. John C. Him:;haw to be postmaster at Westfield, Ind., in place KA...~SAS of J. C. Hinshaw. Incum'bent's commission expired September William B. Hart to be postmaster at Westmoreland, Kan~ 7, 1926. in place of W. B. Hart. Incumbent's commi~.Jon expired De Charles R. Jones to be postmaster at Summitville, Ind., in cember 8, 1926. · place of C. R. Jones. Incumbent's commission expired Decem Elmer Alban to be postmaster at We tphalia, Kans., in place ber 4, 1926. of Ellm.er Alban. Incumbent's commission expired Decemuer 8, Charles A. Thomp. on to be postmaster at Rockville, Ind., in 1926. place of C. A. Thomp on. Incumbent's commission exph'ed Lee Mobley to be postmaster !!t Weir, Kans., in place of Lee Decembel' 4, 1926. Mobley. Incumbents commi ·sion expir.ed December 4, 192G. Jacob Ochs, jr., to be postmaster at Remington, Ind., in place Ezra E. Shields to be postmaster at Wathena, Kans., in place of Jacob Ochs, jr. Incumbent's commission expired December of E. E. Shields. Incumbent's commission expired December 4. 4, 1926. 1926. Charle · J. Wheeler to be postmaster at Noblesville, Ind., in William A. Walt to be postmaster at Thayer, Kans., in place place of C. J. Wheeler. Incumbent's commission expired Sep of w. A. Walt. Incumbent's commi-ssion exph·ed December 4, tember 7, 1926. 1926. Floyd E. Leonard to be postmaster at Mnlberry, Ind., in place Bessie W. Brennan to be postmaster at Strong, Kans., in of F. E. Leonard. Incumbent's commission expired December place of B. W. Brennan. Incmnbent's commission e:tpil·ed De 4, 1026. cember 8, 1926. Ben Price, jr., to be postmaster at Monticello, Ind., in place of Belford .A. Likes to be postmaster at Pomona, Kans., in place Ben Price, jr. Incumbent's commission expired December 4, of B. A. Likes. Incumbent's eommission expil·ed December 4, 1926. 1926. Harry H. Cope to ue postmaster at Madison, Ind., in place Walter R. Dysart to be po tma.ster at PaTker, Kans., in placa of H. H. Cope. Incumbent's commission el...'J)ired December of R. Dysart. Incumbent's commis ion expired Decem~er 8, 4, 1926. w. Robert E. Black to be postmaster at Corydon, Ind., in place 1926. of R. E. Black. Incumbent's commis ion expired December John F. Oliver to be postmaster at Oxford, Kans., in place of 12, 4, 1026. J. F. Oliver. Incumbent's commission e:xpi_res December IOWA 1926. Louella M. Holmes to be postmaster at Mound City, Kans., Cecil E. Wberry to be postmaster at Wyoming, Iowa, in place in place of L. M. Holmes. Incumbent's commi sion expired of C. E. Whe1·ry. Incumbent's commis ·ion expires December December 8. 1926. 12, 1926. . David D. Mcintosh to be postmaster at Marion, Kans., in Harry McCall to be postmaster at W a.· hington, Iowa, in place pla.ce of D. D. Mcintosh: Incumbent's commission expires De of Harry McCall. Incumbent's commission expires December cember 12, 1926. 13, 1926. Gilbert E. Goodson to be postmaster at La Cygne, Kans., Anna .M. Beck to be postmaster at Solon, Iowa, in place of in place of G. E. Goodson. Incumbent's commi 'sion expired A. M. Beck. Incumbent's commission expired December 4, 1926. December 8, 1926. Anna N. Dixon to be postmaster at Rock Valley, Iowa, in Charles 0. Bollinger to be postmaster at lola, Kans., in place of A. N. Dixon. Incumbent's commission expires De place of 0. 0. Bollinger. Incumbent's commission expired De cember 12, 1926. cember 8, 1926. Frank J. Shearer to be postmaster at Prairie City, Iowa, in Wiley Caves to be postmaster at Inman, Kans., in place of place of F. J. Shearer. Incumbent's commission expires De Wiley Caves. Incumbent's commission expires December 12, cember 12, 1926. 1926. ~e lie H. Bell to be postma ter at Paullina, Iowa; in place Jacob L. Ritter to be postmaster at Bron on,. Kans., in of L. H. Bell. Incumbent's commission e.xpiJ.·es December 12, place of J. L. Ritter. Incumbent' commission expired Decem 1026. ber 8, 1926. / 1926 CONGRESSION1tL RECORD-SENATE 255 Philip F. Grout to be postmaster at Almena, Kans., in place MASSACHUSETTS of P. F. Grout. Incumbent's commis ion expired December Xavier A. Delisle to be postmaster at Lowell, Mass., in place 8, 1926. of X. A.. Delisle. Incumbent's commission expires December KENTUOKY 14, 1926. Eugene E. Johnson to be postmaster at White Plains, Ky., Clarence E. Arnold to be postmaster at Hopedale, Mass., in in place of E. E. JohnNon. Incumbent's commission expired place of C. E. Arnold. Incumbent's commission expired December 4, 1926. December 4, 1926. Eli H. Blewett to be postmaster at Franklin, Ky., in place Walter C. Wright to be postmaster at Graniteville, Mass., in of E. H. Blewett. Incumbent's commission expired December place of W. C. W1ight. Incumbent's commission expired Decem 4, 1926. ber -!, 1926. Della McDaniel to be postmaster at Horse Cave, Ky., in MICHIGAN place of J. W. Demonbron, declined. William R. Bryce to be postmaster at Yale, Mich., in place LOUISIANA of W. R. Bryce. Incumbent's commission expired Dec~mber 4, 1926. Walter L. Huckabay to be postmaster at Bienville, La., in Fred Lutz to be po tmaster at Warren, Mich., in place of place of W. L: Huckabay. Incumbent's commission expired Fred Lutz. Incumbent's commission expired December 8, 1926. December 4, 1926. Enoch J. Andrus to be postmaster at Utica, Mich., in place MAINE of E. J. Andrus. Incumbent's commission expires December 12, William C. Flint to be postmaster at Waldoboro, Me., in 1926. place of W. C. Flint. Incumbent's commission expired Decem Fred E. Pomeraning to be postmaster at Trenton, Mich., in ber 4, 1926. place of F. E. Pomeraning. Incumbent's commission expires Thomas R. McPhail to be po tmaster at Thomaston, Me., December 12, 1926. in place of T. R. McPhail. Incumbent's commission expires Ma1·y E. Swanson to be postmaster at Spring Lake, 1\Iich., in December 14, 1926. place of M. E. Swanson. Incumbent's commission expired De Joe P. Davis to be postmaster at South Berwi~k, :Me., in cember 4, 1926. place of J. P. DaYis. Incumbent's commission expired Decem George Q. Brace to be postmaster at Sparta, Mich., in place ber 4. 1926. of G. Q. Brace. Incumbent's commission expired December 4, Hai·ry N. Ferguson to be postmaster at Sanford, Me., in 1926. place of H. N. Ferguson. Incumbent's commis ·ion expired James V. Baker to be postmaster at South Lyon, Mich., in December 4, 1926. place of J. V. Baker. Incumbent's commission expired Decem Harold N. Libby to be postmaster at Richmond, Me., in ber 4, 1926. place of H. N. Libby. Incumbent's commission expired Decem Charles T. Fillmore to be postmaster at Quincy, Mich., in ber 4, 1926. place of C. T. Fillmore. Incumbent's commission expired De Edward I. Waddell to be postmaster at Pre que Isle, Me., cember 8, 1926. in place of E. I. Waddell. Incumbent's commission expired Thoma · S. Scupholm to be postmaster at Port Huron, Mich., December 4, 1926. in place of T. S. Scupholm. Incumbent's commission expired Philip F. Stone to be postmaster at Norway, Me., in place of December 4, 1926. P. F. Stone. Incumbent's commi..;sion expired December 4, Harold T. Hill to be postmaster at Pentwater, Mich., in place 1926. of H. T. Hill. Incumbent's commission expired December 8, Leonard 0. Meader to be postma ter at North Berwick, Me., 1926. in place of L. 0. Meader. Incumbent's commission expired Angus G. Grayson to be postmaster at Pellston, Mich., in December 4, 1926. place of A. G. Grayson. Incumbent's commission expired De Albert A. Weatherbee to be postmaster at Lincoln, Me .. in cember 4, 1926. place of A. A. Weatherbee. Incumbent's commission expired Milan A. Smith to be postmaster at Morenci, Mich., in place December 4, 1926. of M. A. Smith. Incumbent's commission expired December 4, Ellsworth W. Sawyer to be postmaster at Kezar Falls, Me., 1926. in place of E. W. Sawyer. Incumbent's comniis ion expired Fred W. Holmes to be postmaster at Milford, Mich., in place December 4, 1926. of F. W. Holmes. Incumbent's commission expired December Zaiclee P. Campbell to be p<> ·tmaster at Jackman, Me., in 8, 1926. place of Z. P. Campbell. Incumbent's commis ion expired Edward F. Blake to be postmaster at Middleville, Mich., in ( December 4, 1926. place of E. l!,. Blake. Incumbent's commission expired Decem Preston N. Burleigh to be postmaster at Houlton, Me., in ber 4, 1926. place of P. N. Burleigh. Incumbent's commission expired Claude W. Till to be postmaster at Mears, .Mich., in place of December 4, 1926. C. W. Till. Incumbent's commission expired December 8, 1926. Dana C. Skillin to be postmaster at Hallowell, Me., in place Rolland M. Krise to be postmaster at Marcellus, Mich., in of D. C. Skillin. Incumbent's commission expired December place of R. M. Krise. Incumbent's commission expired De 4, 1926. cember 4, 1926. Omar J. Lombard to be postmaster at Guilford, 1\Ie., in place George H. Steadman to be postmaster at Lyons, Mich., in of 0. J. Lombard. Incumbent's commission expired December place of G. H. Steadman. Incumbent's commission expired 4, 1926. December 4, 1926. Ray Winchenpaw to be postmaster at Friendship, Me., in William C. 'l'ruman to be postmaster at Luther, 1\Iich., in place of Ray Winchenpaw. Incumbent's commission expired place of W. C. Truman. Incumbent's commission expired De- December 4, 1926. cember 8, 1926. Almon R. Page to be postmaster at Dexter, Me., in place of Walter G. Rogers to be postmaster at Lansing, Mich., in A. R. Page. Incumbent's commission expired December 4, 1926. place of W. G. Rogers.- Incumbent's .commission expired De Reuel Robinson to be postmaster at Camden, Me.~ in place of cember 4. 1926. Reuel Robinson. Incumbent's commission expired December 4, Henry ·F. Voelker to be postmaster at Ionia, Mich., in place 192G. of H. F. Voelker. Incumbent's commission expired December 4, Chandler M. Wilson to be postmaster at Bucksport, Me., in 1926. place of C. M. Wilson. Incumbent's commission expired De Irtin B. Dayharsh to be postmaster at Hart, Mich., in place cember 4, 1926. of I. B. Dayharsh. Incumbent's commission expired Decem Henry A. Saunders to be postmaster at Blue Hill, Me., in ber 4, 1926. place of H. A. Saunders. Incumbent's commission expired Edna Donohue to be postmaster at Gregory, 1\fich., in place December 4, 1926. of Edna Donohue. Incumbent's. commission expires Decem Cleo A. Russell to be postmaster at Bethel, :Me., in place of ber 12, 1926. C. A. Russell. Incumbent's commission expires December 14, Ernest E. Yerdon to be postmaster at Fenton, Mich., in place 1926. of E. E. Yerdon. Incumbent's commission expired Decem Bert H. Young to be postmaster at Bar Harbor, l\fe., in place ber 4, 1926. of B. H. Young. Incumbent's commis ion expired December Louis Gee to be postmaster at Farwell, Mich., in place of 4, 1926. Louis Gee. Incumbent's commission expired December 4, 1926. John C. Arnold to b~ postmaster at Augusta, 1\Ie., in place of Asa B. Freeman ro be postmaster at Durand, Mich., in place J. C. Arnold. Incumbent's commission expires December 14, of A. B. Freeman. Incumbent's commission expired December 1926. 4, 1926. Ferdinand E. Stevens to be postmaster at Auburn, Me., in Charles H. Haley to be postmaster at Coleman, Mich., in place of F. E. Stevens. Incumbent's commission expired place of C. H. Haley. Incumbent's commission expired Decem, December 4, 1926. be~ 4, 1926. 256 CON GRESSIOK .t\.1 RECO R.D-SE:N ATE DECEJ\IBER 10 Benjamin B. Gorinan to be postma~ter at Coldwater, Mich., in Alfrt>d 0. Kossow to be postmaster at Cedargrove, N. J., in place of B. B. Gorman. Incumbent's commission expired De 11lnce of A. 0. Ko. sow. Incumbent's commission expires Decem- cember 8, 1926. ber 14, 1926. · Euretta. B. Nelson to be postmaster at Olimax, ~llch., in z..-mv YORK place of E. B. Nelson. Incwnbent's collllUission e:\.'}lired De William A. Eagleson to be postmaster at Staten Island, N. Y., cember 8, 1926. George A. Mason to be po::;tma::,1:er at Cedar, :Mich .. in place in place of Frank Foggin. Incumbent's commis ion expired January 20. 1926. of G. A.. Mason. Incumbent's commission expired December 4, William ·F. Winterbotlulm to be postmru;ter at Old Forge, 1926. Henry E. Cowdin to be postmaster at Carson City Mich., 'n N. Y., iu place of W. F. Winterbotham. Incumbent's comJnis.. place of H. E. Cowdin. Incumbent's commission expired De ~ion expired December 4, 1926. Edward .J. Wood tu be post:master at Bayport, N. Y., in cember 4, 1926. Robert Ryan to be postmaster at Bronson, Mich., in place of place of E. J. Woods. Incumbent's collllllission expired De Robert Ryan. Incumbent's commission expired December 8, cember 4, 1926. 1926. NORTH C.AROllN.A. Charles F. Waldie to be po tmaster at Bancroft, Mich., in Wiley B. Knowles to be po. tmaster at Wallace, N. C., in place place of C. F. Waldie. Incumbent's comm,ission expired Decem of W. B. Knowle. . Incumbent's commission expires December ber 4, 1926. 13, 1926. George H. Batchelor to be postmaster at Bncbanan, Mich., John W. 1\IcLean to be po tmaster at Rowland, N. C., in place in place of C. D. Kent, decea ~ ed. of J. W. McLean. Incumbent' commission expires December Chrktopher J. BriRtow to be postmaster at Van Dyke, Mich. 13, 1926. Office became pre:;;idential October 1, 1926. Roy F. Shupp to be postmaster at :New Bern, N. C., in place ~UNNESOT.A. of R. F. Shupp. Incumbent's commission eXJ.>ire. December 13, WilliHm A. Clement to be po tmn.ster at Waseca, Minn.. in 1926. place of W. .A. Clement. Incumbent's commission expired NORTII DAKOTA. August 4, 1926. Orlando J. Lebacken to be postmaster at Reynolds, N. Dak., Herman J. Ricker to be postmaster at Freeport, Minn., in in place of E. C. Lebacken, resigned. place of H. J. Ricker. Incumbent's commission expired Decem Mabel Dickinson to be postmaster at Fullerton, N. Dak., ber 4, 1926. in place of E. 0. Dickinson. Incumbenes commission expirerl Stanley E. Nelson to be postmaster at Ad.I·ian, Minn., in place August 24, 1925. of S. E. Nelson. Incumbent's commission expired December 4, Fred A. Scott to be po tmaster at Devils Lake, N. Dak.. in 1!)26. place of F L A. Scott. Incumbent's commi sion expired ep IDSSIS SIPPI tember 12, 1926. Sibyl Q. Stratton to be postmaster at Liberty, Miss., in place omo of S. Q. Stratton. Incumbent's commission expired December S, 1926. Josiah T. Gibson to be postmaster at Waverly, Ohio, 1n place Frances H. Cooke to be postmaster at Coffeeville, lfiss., 1n of J. T. Gibson. Incumbent's commissiou expired December place of E. D. Chapman. Incumbent's commission expired May 4, 1926. 26, 1926. Dwight D. Fierbaugh to be postma. ter at South Euclid, Melzar J. Nye to be postmaster at Carrollton, Miss., in place Ohio, in place of D. D. Fierbaugh. Incumbent's commission of M.. J. Nye. Incurubent's commission expired December 4., expired December 4, 1926. 1926, Frank P. Johnson to be posbnaster at Pataskala, Ohio, in MISSOURI place of F. P. Jolmson. Incumbent's commission expired De cember 4, 1926. William L. Moorhead to be postmaster at Hopkins, Mo., in William F. Lyons to be postmaster at Mentor, Ohio, in place place of W. L. 1\foorhead. Incumbent's commission expired of W. F. ~yons . Incumbent's commi. si.on expil'ed December December 4, 1926. 4, 1926. 'MONTANA Fred G. Bates to be postmaster at Madison, Ohio, in place of John B. Randall to be postmaster at Wolf Point, Mont., in F. G. Bates. Incumbent's commission expired December 4, B. place of J. Ra.ndn.ll. Incumbent's commission expired Decem 1926~ ber 4, 1926. George R. Warren to be postmaster at Grov-eport, Ohio, in Henry D. Thomas to be postmaster- at Moccasin, Mont. Office place of G. R. Warren. Incumbent's commis ion expires De became presidential July 1, 1926. Ernest C. Robinson to be postmaster at Wyola, 1\lont. Office cember llr 1926. Gertrude Stormont to be postmaster at Cedarville, Ohio, in became presidential Jnly 1, 1926. plac-e of Gertrude Stormont. Incumbent' corumis ·ion expires NEBRASKA December 12, 1926. J,ouis R. EIJy to be postmaster at Hartington, Nebr., in Berman K. Smith to be postmaster at Arcanum, Obio, in place place of L. R. Eby. Incumbent's commission expires December of B. K. Smith. Incumbent's commi;; 'ion expires December 12, 12, 1926. 1926. !\""EW HAMPSHIRE .Annie Turvey to be po tmaster at Am terdam, Ohio, in place Carlton E. ·Sparhawk to be postmaster at Walpole, N. H., of Annie Turvey. Incumbent's commis. ion expire December in place of 0. E. Sparha"\\:k:. Incumbent's commission expired 12, 1926. December 9, 1926. OKJ,.A.HOM.A. Orriman K. Whipple to be postmaster at Sugar Hill, N. H., in place o-f 0. K. Whipple. Incumbent's commission expired Thomas R Fessenger to be po. tmaster at W~·nne Woud, Okla., December 4, 1926. in viace of T. B. Fessenger. Incumbent's commission expired Frank E. West to be po tmaster at Lyme, N. H., in place of December 4, 1926. Emil G. Etzold to be postmaster at Temple, Okla., in place of li. E. WeRt. IncuJ.Ubent's commission expired December 4, 1926. E. G. Etzold. Incumbent's commi.s~ion exph·ed December 4, Nellie L. 1\iason to be postma:::~ter at Greenfield, N. H., in place of N. L. lUa on. Incumbent's commission expired December 4, 1926. 1926. David W. Robinson to be po. tma ter at Talihina, Okla.., in Russel B. Henchman to be postmaster at East Jaffrey, N. H., place of J. H. Crutbis. Incumbent's commis~ion expi.J.·ed Janu in place of R. B. Henchman. Incumbent's commission expired Ul'Y 18, 1926. December 9, 1926. Floyd A. Rice to be postmaster at Strong City, Okla., in place NEW .TEI'..SEY of F. A. Rice. Incumbent's coDlDli: ion expired December 4, John S. Inman to be postmaster at New Egypt, N. J., in 1926. place of G. W. Ivins, deceased. Floyd 0. llibbard to be postmaster at Snyder, Okla., in place Howard E. Atkinson to be postmaster at Whitesbog, N. J., of F. 0. Hibbard. Incumbent's commission expii·es December in place of C. B. Gauntt. resigned. 12, 1926. August Graf to be postmaster at Hoboken, N. J., in place of 1\lable C. Heidenreich to be postmaster at Duke, Okla., in August Graf. Incumbent's commi"'sion expired December -1, place of 1\I. C. Heidenreich. Incumbent's commission expired 1926. December 4, 1926. Sadie E. Johnson to be postmaster at Fort Hancock, N. J., Le\\ris G. llinnei't to be postma.ster at Checotah, Okla., in in place of S. E. Johnson. Incumbent's commission e}l.-pi_res De place of L. G. Rinnert. Incumbent's commission expired De- cember 11. 1926. cember 4, 1926. 1926 CONGRESSIO:NAL RECORD-SENATE 257 Everette L. Ritlli on to be po~trna ·ter at Boko;lle. Okla., in William E. Singleton to he postma ..Jer at Jefferson, Tex., vlaf·t' of E. JJ. Hi<: hi.~on. Incumbent's commi ion expired Au in place of W. E. Singleton. Incum:bent's commission ex-pired gu:-:t 23, 1926. De<· ember 4 1926. OREGO~ Sallie E. St. Jacque to be postmaster at Higgins, Tex., in Ru ell H. Sullens to be postmaster at Prairie City, Oreg., in place of S. E. St. Jacque. Incumbent's commission expired ))lace of R. ll. Sullen. . Ineumbenf, commi. sion expires De- DPcemher 4. 1926. cember 12, 1926. . Robert L. Jones to be postmaster at Celeste, Tex., in Rodrick A. Chisholm to lJe postmaster at Monroe, Oreg., m place of R. L. Jones. Incumbent's commi'3. ion expired Decem ber 4, 1926. l)lac>e of R. A. Chi~holm. Incumbent's eommi.. ion expires D~ ('emlJer 12, 1926. VERMOXT Irwin D. Pike to be po~tmaster at Gra. s Valley, Oreg., in William T. Mead to be postma ter at Underhill, Vt., in place place of I. D. Pike. Incumbent's commisl:lion expires December of W. T. :iYiead. Incwnbent's comruission expired December 4, 12, 192G. 1926. PENNSYLVANIA Cecil K. Hughes to be postmaster at Saxtons River, Vt., in place of C. K. Hughes. Ineu:mbent's commission e~-pired Eva Leedom to be post:mll_ster at· P1imos, ra. Office became December 9, 1926. pre idential July 1, 1926. . Samuel B. Simonton to be postmaster at Swmeford, Pa. William J. Wright to be postmaster at Montgomery Center, Yt., in place of W. J. Wright. Incumbent's commission ex:pired Office became pre idential July 1, 1926. December 4, 1926'. Charles B. Illig to be postmaster at Womelsdorf, Pa., in place Alvi T. Dans to be po tmaster at :llarshfield, Vt., in place of of C. B. Illig. Incumbent's commission expires December 12, A. T. Davis. Incumbent's commission expired December 4, 1926. 1926. Arthur N. Ro. e to be po tmaster at Rouseville, Pa., in place Charles A. Bourn to be postmaster at l\!anche ter Depot, Vt., of A. N. Ro e. Incw.nbeut's commission expired December 4, 1H26. in place of C. A. Bourn. Incumbent's commission expired December 4, 1926. . Fo ton W. Eicher tu be po tmaster at Portage, Pa., in place of A. D. Mitchell. Incumbent' commi ion expired June 30, Perley U. Mudgett to be postmaster at Johnson, \t., in place of P. U. Mudgett. Incumbent's commi. ·ion expired De 1926. cember 9, 1926. Harold D. Lowing to be postmaster at Line ville, Pa., in place Flora S. Williams to be postma ~ter at Charlotte, Vt., in of H. D. Lowing. Incumbent' commi sion expires December place of F. S. Williams. Incumbent's commission ex.-pircd 1:~. 1926. December 9, 1926. Wil on R. Kulp to be postmaster at Hatfield, Pa., in place of W. R. Kulp. Incumbent' commission expires December 12, VIRGINIA 1!)26. :Merle C. Ralls to be postma ter at Midland, Va. Office Jennie C. Sample to be postmaster at Crum Lynne, Pa., in became presidential Jul5 1, 1926. 11lace of J. C. Sample. Incumbent's commission expired Decem Morgan B. Hobbs to be postmaster at Rose Hill, Va., in place ber 4, 1926. of E. l\1. Shifley~ resigned. SOUTH CAROLINA Samuel G. Allen to be po tmaster at Front Royal Ya., in place of S. G. Allen. Incumbent's commission expires December Horace l\1. w·atkint; to be postmaster at Ridge Spring, S. C., 13, 1926. in place of H. M. Watkins. Incumbent's commi sion expires Harvey P. McCary to be po tmaster at Esmont, Ya., in D ·ember 13, 1926. place of H. P. 1\lcCary. Incumbent' commission expires Decem- Robert L. Hemlerson to be postmaster at North Charleston, ber J3, 1926. • S. 1., in place of R. L. Henderson. Incumbent's commi.ssion Troy D. Rorrer to be postmaster at Dublin, Va., in pl~tce expire December 14, 1!)26. · of T. D. Rorrer. Incumbent's commis ion expires December George S. l\IcCravey to be postmaster at Liberty, S. C., in 13, 1926. place of G. S. :McCravey. Incumbent's commission expires Baxter W. Mock to be postmaster at Dama cus, Va., in Dec:ember 11,- 1926. place of B. W. Mock. Incumbent' commission expires Decem EYerett C. Rye to be postmaster at Eastover, S. C., in place ber 13, 1926. of E. C. Rye. Incumbent's commission expires December 13, WEST VIRGINIA 1926. . Valentine Hatfield to be postmaster at Delbarton, W. Va., Parnell Meehan to be po..;tma. ter at Chesterfield, S. C., in in place of Florence Musick, rem OHIO OFFICE OF CHIEF CLERK A~D SUPERI~TEXDEXT Estella Wilson, "rarsaw. Salaries: For the chief clerk, who shall be the chief executive officer OKLAHOMA of the department and who may be designated by the Secretary of the Robert B. Hill, Alex. Treasury to sign official papers and documents during the temporary Fannie D. Utterback, Douthat. absence of the Secretary, Undersecretary, and Assistant Secr~taries of Warden F. Rollins, Noble. the department, anu for other personal services in the District of SOUTH C.AROLIN A Columbia, including the operating force Q.f the Treasury, Liberty Loan and Register's Annex Builtlings and the Treasury Department Annl?x, Atlam C. Dayson, Johns Island. Pennsylvania Annue and Madison Place, and of other buildings under Daniel B. Woodward, 1\lcCoi·mick. the control of tbe Treasury Department, in accordance with the classi fication act of 1923, $466,023. HOUSE OF REPRESENTATIVES l\Ir. LAGUARDIA. 1\Ir. Chairman, I move to strike out the last word. Mr. Chairman, several statements were made yester FmDAY, Decembe-r 10, 19B6 day in reference to the duty of Representatives from New York Tlle Hou ~e met at 12 o'clock noon. State in interpreting the mandate of the so-called referendum The f'baplain, Re'\". James Shera Montgomery, D. D., offered which was held on Kovem?er 2. I wa~t to say to my colleagues the followi.nO' prayer: of the House who are nrgmg and seekmg an. amendment t~ !he h enforcement law or a change of the constitutional provision 0 Spilit of the lhing God, Thou art the source of all things I that they must not lose sight of the fact that we are here in a goo