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784 CONGRESSIONAL RECORD-SENATE February 5 By Mr. PRIEST: United States citizen veteran of World War the structure of human relationships. H. Con. Res. 194. Concurrent resolution re­ II; to the Committee on .the Judiciary. For the fabric and fiber which we shall questing the President to set aside and pro­ By Mr. SABATH: put into our task this day, prepare us claim a national day of prayer; to the Com­ H. R. 6422. A bill for the relief of Joseph mittee on the Judiciary. (Giuseppe) Gasparini; to the Committee on now, we beseech Thee, O God. Amen. By Mr. BUSBEY: the Judiciary. By Mr. THOMAS: H. Con. Res. 195. Concurrent resolution re­ THE JOURNAL . questing the President to set aside and pro­ H. R . 6423. A bill for the relief of Russell claim a national day of prayer; to the Com­ William Karbach; to the Committee on the On request of Mr. MCFARLAND, and by mittee on the Judiciary. Judiciary. unanimous consent, the reading of the By Mr. CROSSER: Journal of the proceedings of Monday, H. Res. 516. Resolution to provide addi­ PETITIONS, ETC. tional funds for the expenses of the investi­ February 4, 1952, was dispensed with. gations authorized by House Resolution 51; Under clause 1 of rule XXII, petitions to the Committee on House Administration. and papers were laid on the Clerk's desk and referred as follows: MESSAGE FROM THE HOUSE 526. By Mr. FORAND: Resolution from A message from the House of Repre­ MEMORIALS Ruth Whipple and 33 others urging upon sentatives, by Mr. Maurer, one of its Under clause 3 of rule XXII, memorials Congress the enactment of legislation pro­ reading clerks, announced that the hibiting the advertising of alcoholic ·bev-. were presented and referred as follows: erages through interstate commerce and over House had passed, without amendment, By Mr. HESELTON: Resolutions relative to the air; to the Committee on Interstate and the bill

H. R. 5680. An act to amend the act of Oc­ " Resolved then, That the Congress of the By Mr. IVES: tober 5, 1949 (Public Law 322, 81st Cong.), United States be implored to return to the S. 2600. A bill for the relief of Samuel V. as amended, so as to extend the time of intent of our Constitution and take steps at Goekjian; to the Co~mittee on the Judi­ permits covering· lands located on the Agua once to include nonfinancial and noncom.. ciary. Caliente Indian Reservation. mercial representation on the board of di­ By Mr. HUMPHREY: rectors, not only on the board of the various S. 2601. A bill for the relief of Lucy Per­ 12 district banks, but in the Federal Reserve sonius; to the Committee on the Judiciary. COMMITTE'E MEETINGS DURING SENATE Board in Washington, thus giving represen­ By Mr. :!:fUMPHREY (for himself, Mr. SESSION tation to the great consumer public." BENTON, Mr. LEHM.\N, Mr. MOODY, Trusting that favorable action will be taken and Mr. MURRAY): On request of Mr. MAGNUSON, and by on the above resolution, we remain S. 2602. A bill to promote greater econqmy unanimous consent, the Committee on Sincerely yours, in the operations of the Federe: Government Foreign Relations was authorized to sit DOMINIC ZAPPIA, by providing for a consolidated cash budget, during the session of the Senate today. Recording Secretary. a separation of operating from ..:apital ex­ On request of Mr. HUMPHREY, and by penditures, the scheduling of legislation ac­ unanimous consent, a subcoILmittee of tion on appropriations measures, yea-and­ the Committee on Labor and Public Wel­ BILLS AND JOINT RESOLUTION INTRO­ nay votes on amendments to appropriation DUCED measures, and a Presidential item veto; to fare investigating the wetback situation the Committee on Expenditures in the Exec­ was authorized to sit this afternoon dur­ Bills and a joint resolution were intro­ utive Departments. ing the session of the Senate. duced, read the first time, and, by unani­ (See the remarks of Mr. HUMPHREY when mous consent, the second time, and re­ he introduced the above bill, which appear ferred as follows: under a separate heading.) TRANSACTION OF ROUTINE BUSINESS By Mr. FERGUSON: By Mr. FREAR (for himself and Mr. Mr. McFARLAND. Mr. President, I s. 2589. A bill for the relief of Ba.sil Peter WILLIA:>.iS): ask unanimous consent that Senators be Kizy; and S. J. Res. 128. Joint resolution designating s. 2590. A bill for the relief of Elisa Al­ the period beginning on the Sunday before permitted to transact routine business, Thanksgiving Day and ending on the Sunday without debate. bertina Cioccio Rigazzi or Elisa Cioccio; to the Committee on the Judiciary. after Thanksgiving Day of €J.Ch year -as The PRESIDENT pro tempore. With­ By Mr. JENNER: "Homemakers Week"; to the Committee on out objection, it is so ordered. s. 2591. A bill to amend section 5a of the the Judiciary. commodity Exchange Act, as amended, so as to provide for the same discount on grain REPRESENTATION OF CONSUMER PUBLIC delivered against futures contracts as in AMENDMENT OF COMMODITY EXCHANGE ON BOARD OF DIRECTORS OF FEDERAL the case of grain sold in the cash market; to ACT, RELATING TO 'JISCOUNT ON CER­ RE'SE'RVE BOARD-RESOLUTION OF the Committee on Agriculture and For­ TAIN GRAIN IN FUTURES MARKETS MINNEAPOLIS (MINN.) CENTRAL LABOR estry. Mr. JENNER. Mr. President, I intro- UNION (See the remarks of Mr. JENNER when he introduced the above bill, which appear un­ duce for appropriate reference a bill Mr. HUMPHREY. Mr. President, I der a separate heading.) which would amend the Commodity Ex­ present for appropriate reference, and By Mr. CAPEHART (for himself, Mr. change Act in such a way as to require ask unanimous consent to have printed JOHNSON of Colorado, Mr. JENNER, uniform discounts for grain delivered in in the RECORD, a resolution adopted by Mr. MAYBANK, Mr. ROBERTSON, Mr. the futures markets and cash markets the Central Labor Union of Minneapolis, FREAR, Mr. DOUGLAS, Mr. IVES, Mr. of the Nation. Minn., on January 15, 191'2, relating to KEM, Mr. THYE, Mr. BRICKER, Mr. The present abuses which this pro.: the inclusion of nonfinancial and non­ WILLIAMS, Mr. ECTON, Mr. WATKINS, Mr. MARTIN, and Mr. SALTONSTALL): posed legislation is designed to correct commercial representation on the boards S. 2592. A bill to amend section 403 (b) are described very ably by Phil S. Hanna of directors of the 12 district banks and of the Civil Aeronautics Act of 1938 so as to in an article published in the Chicago the Federal Reserve Board in Washing­ permit the granting of free or reduced-rate Daily News of January 19, 1952. ton, thus giving representation to the transportation to ministers of religion; to As Mr. Hanna points out, there is often great consumer public. the Committee on Interstate and Foreign a wide variation in the discount applied There being no objection, the resolu­ Commerce. against the same quality of grain in the tion was referred to the · Committee on (See the remarks of Mr. CAPEHART when he cash market and in the futures market. Banking and Curre11cy, and ordered to introduced the above bill, which appear un­ der a separate heading.) For example, No. 3 yellow corn of 17% be printed in the RECORD, as follows: By Mr. HOLLAND: percent moisture content is discounted JANUARY 15, 1952. S. 2593. A bill for the relief of Jean Hama­ 6 cents per bushel when the farmer sells don. HUBERT H. HUMPHREY, moto, also known as Sharon Lea Brooks; to it in the cash market. Yet this same Senate Office Building, the Committee on the Judiciary. corn can be delivered on the Chicago Washington, D. C. By Mr. MAYBANK: Board of Trnde at a discount of only 2 HONORABLE SENATOR: The Central Labor S. 2594. A bill to extend the provisions of cents per bushel. This difference of 4 Union at the last meeting went on record to the Defense Production Act of 1950, as adopt the following resolution: amended, and the Housing and Rent Act of cents rightfully belongs to the producer "Whereas the money power of this our 1947, as amended; to the Committee on but he is not receiving it under present country is now divorced from our civil gov­ Banking and Currency. practices. ernment; and (See the remarks of Mr. MAYBANK when he The differential in cash oats and fu­ "Whereas this power to create money introduced the above bill, which appear tures oats prices has also brought a fiood wields a great deterrent to freedom and under a separate heading.) of Canadian oats into the United States. democratic government; and By Mr. LODGE: During the last crop year some 30,000,000 "Whereas our money values :fluctuate at S. 2595. A bill for the relief of Constance the dictate of powerful business and bank­ Brouiner Scheffer; and bushels of Canadian oats entered the ing interests, both national and interna­ S. 2596. A bill for the relief of Louis R. United States market and it is estimated tional; and Chadbourne; to the Committee on the Ju­ that 40,000,000 bushels will come in dur­ "Whereas the purchasing power of the diciary. ing the 1951-52 crop year. At one time dollar has declined so rapidly that the wel­ By Mr. McMAHON: last summer, approximately one-third fare of the common man is in jeopardy; and s. 2597. A bill for the relief of Antonio of all the storage space in Chicago was "Whereas the Federal Res~rve System was Joseph Aikler; to the Committee on the occupied by Canadian oats-this at a instituted to expand our monetary system Judiciary. time when American farmers were forced and credit facilities to meet the requirements By Mr. IVES: of rapidly growing economy; and S. 2598. A bill for the relief of Emilio to market their oats at prices well below "Whereas the monetary and credit policies Veschi; to the Committee on the Judiciary. parity. of the Federal Reserve banks are dictated by By Mr. McMAHON: It certainly makes no sense to at­ bankers and powerful business interests, S. 2599. A bill to establish a Presidential tempt to support American farm prices which policies are not formulat ed with the Honors Board; to provide for the conferring even at minmum levels when we not only intent of benefiting the masses; and of awards to be known as the Presidential permit but actually encourage the im­ "Whereas our Constitution delegates that Gold Medal, the Presidential Silver Medal, the peoples' representatives (Congress) shall and the Presidential Bronze Medal; ancl for portation of foreign grains. Because coin all money and regulate our monetary other purposes; to the Committee on Labor Canada has, in addition to large quanti­ problems: Be it hereby and Public Welfare. ties of oats and barely, a huge supply XCVIII-50 .786 CONGRESSIONAL RECORD - SENATE February 5 of low-grade feed wheat, we may ex­ One of the reasons for loss of business is Here is 4 cents a bushel profit that belongs pect to see feed grain importations from the movement of grain to ports on the Gulf to the farmer. Penalties on higher moisture · that country at an all-time high level of . corn are even more drastic. The wetter the this year unless something is done to But there are important other causes why corn the more money the elevator makes on protect American agriculture against Chicago has been losing grain trade. its resale. The farme.rs of the country have been in­ Both producers and consumers are hurt indiscriminate dumping. creasing yields per acre and increasing the by this process. Either the scales that deter­ Although the Department of Agricul­ quality of their grain, but the Chicago Board mine moisture are obsolete or else the dis­ ture has ample authority under the so­ of Trade still conducts its business under counts allowed on deliveries should be called section 22 tv shut off imports rules and regulations formulated 50 to 75 changed to meet the realities. whenever they are jeopardizing our years ago. If standards were changed to meet the There has been no real attempt to recog­ times the trade could merchandise grains domestic price-support program, I have nize the changes that have taken place in never heard of this authority being in­ better and more widely both at home and agriculture. abroad. voked in the case of grains, and I can Hence Chicago is not getting the grain that only assume that it never will be used otherwise might come here. Grain men appreciate that someday we by this administration to protect Amer- A good example of how obsolete regula­ must sell competitively in foreign markets tions can affect Chicago trade can be seen without Government subsidies. Hence they ican farmers. . say Chicago standards should be changed During the last session I introduced in the handling of the oat crop. During the last 2 decades the science of so they will not suffer these serious disad­ S. 2204, which would prohibit the de­ raising oats has vastly improved, the hulls are vantages. livery of foreign-growri grains and cer­ heavier, the farmers are raising more oats New grading provisions and an acceptance tain other specified commodities against per bushel. · of the realities of the cash grain situation futures contracts in the United States. The weight of a bushel of oats bas been would tend to improve the merchandising This bill is currently before the Senate raised s~veral pounds a bushel. abilities of the grain merchants in this area. Committee on Agriculture and Forestry. A survey was made of all the oats received If this were done, Chicago could insure its While it would not shut off the flow of in Chicago during 1950. This showed an preeminence as the world's commodity cen­ average weight of 35.7 pounds a bushel. ter. foreign farm commodities completely, I Yet the standard delivery weight on the am certain that it would discourage such board of trade still is 32 pounds. importations, particularly in cases where It is even permissible to deliver oats weigh­ AMENDMENT OF CIVIL AERONAUTICS the grains are brought into the country ing 27 pounds a bushel on contracts. ACT, RELATING TO FREE OR REDUCED­ not for -normal' distribution in regular There are of course premiums and dis­ RATE TRANSPORTATION TO MINISTERS counts for variations in quality and weight commercial channels bn~ solely for de­ OF RELIGION livery against futures contracts with a in the board's standards. But the futures prices in Chicago are still predicated on 32 Mr. CAPEHART. Mr. President, on view toward depressing futures prices. pounds a bushel. · It is an indisputable fact that some behalf of myself, the Senator from Colo­ This penaUzes the seller as high as 7 cents rado [Mr. JOHNSON], my colleague, the Canadian oats were brought into this a bushel on his heavy oats. . country last year at a loss by the im­ From the merchant's point of view it is junior Senator from Indiana [Mr. JEN­ porter who obviously expected to recoup difficult to sell oats weighing 32 pounds a _NERJ, the Senator from South Carolina by delivering then! in the futures mar­ bushel when competitive markets are offer­ [Mr. MAYBANK]' the Senator from Vir­ ket and forcing prices downward. ing oats weighing 35 or 36 pounds on a rela­ ginia [Mr. ROBERTSON], the junior Sena­ The American farm1.,r, harassed by tively cheaper basis. This hurts the Chicago tor from Delaware [Mr. FREAR], the Sen­ high taxes, high labor costs, and soaring market. ator from Illinois [Mr. DouGLASl, the Take the Canadian oats situation. Senator from New York £Mr. IVES], the machinery prices, is entitled to protec­ Canadian oats have poured into t:Qe United tion against cheap foreign farm goods. States by the millions of bushels, in part Senator from Missouri [Mr. KEM], the He must look to Congress for that pro­ because Canadian standards recognize that Senator from Minnesob [Mr. THYE], tection. Certainly he will never get it farmers are producing heavier oats. the Senator from Ohio [Mr. BRICKER], from the free traders in the State and The di.tferential draws oats to the United the senior Senator from Delaware CMr. Agriculture Departments. States, but the American dealer does not get WILLIAMS]. the Senator from Montana any benefit therefrom on account of the 32- [Mr. ECTON], the Senator from Utah I ask unaniI!lous consent that the bushel standard at the board of trade. article by Phil S. Hanna, published in [Mr. WATKINS], the Senator from Penn­ At times, with futures at the same price in sylvania (Mr. MARTIN], [l,nd the Senator the Chicago Daily News of January 19, both Canada and the United States, Cana­ 1952, be printed in the RECORD at the dian oats really are selling 7 cents or more s. from Massachusetts [Mr. SALTONSTALL], conclusion of my remg.rks. bushel below Chicago prices. I introduce for appropriate reference a The PRESIDENT pro tempore. The This creates a tremendous import move­ bill to amt:nd section 40::S of the Civil bill will be received and appropriately ment into our country and depresses Chicago Aeronautics Act of 1938 so as to permit referred, and, without objection, the ar­ prices still further. the granting of free or reduced-rate One effect Of this is to establish a two-price transportation to m~nisters of religion. ticle will be printed in the RECORD. system in the United States prices in Iowa The bill reads as follows: The bill (S. 2591) to amend section and other major oats producing areas have Be it enacted, etc., That the second sen­ 5a of the Commodity Exchange Act, as been 10 to 15 cents a bushel higher than Chicago prices. Normally oats in outlying tence of subsection (b) of section 403 of the amended, so as to provide for the same Civil Aeronautics Act of 1938, as amended, is discount on grain delivered against fu­ areas sell at a discount to permit shipment · into this market. amended by inserting immediately after the tures contracts as in the case of grain clause "persons injured in aircraft accidents A further aggravation ls the rule that per­ and physicians and nurses attending such sold in the cash market, introduced by mits the presence of black hulls in the oats Mr. JENNER, was read twice by its title, persons;" the following: "ministers of re­ received from Canada and applied on Chicago ligion". and referred to the Committee on Agri­ futures con tracts. culture and Forestry. Naturally such oats do not appeal to feed Mr. President, the purpose of the bill is The article presented by Mr. JENNER manufacturers who desire uniform color. to give to ministers of the gospel of all is as fallows: Discount s of as much as 7 cents a bushel faiths the same right to half-fare on have existed between the ordinary No. 3 BLAME GRAIN TRADE Loss ON MARKET'S OLD extra heavy white oats with uniform color, airlines which they have enjoyed for RULES-CffiCAGO BUSINESS SLIPS AWAY; OAT and the Canadian oats containing black many years on railroads and busses. AND CORN RAISERS SUFFER hulls. But the board's regulations do not The PRESIDENT pro tempore. The (By Phil s. Hanna) square with that situation. bill will be received and appropriately Chicago, historically the gateway for mov­ In corn there ls a similar situation. referred. ing the surplus grain of the West to the con­ Farmers suffer pricewise by the unrealistic The bill

the cust.omary insignificant war-surplus plies of tungsten, mercury, tellu~ide, sweatshop and slave labor of Europe and prices. uranium and other necessary materials. Asia? . We might not overcome shipping trou­ I have 'every reason to believe a similar .Mr. ECTON. I will say to the dis­ bles as quickly next time we become program for the Production. of. manga­ tinguished Senator from Nevada that I engaged in total war. Again haste will nese and chromi~ would, within a rea­ have been aware of that policy, and I make waste without quick production, sonable time, make us independent of believe all of us who come from mining and this could mean national disaster. foreign sources of those metals. States know that it has practically It requires 12 to 14 pounds of manga­ No appropriation for such purpose has wrecking the mining industry in the nese for each ton of steel. Our needs ever been denied since I came to the Sen­ Western States. are approximately 2,000,000 pounds of ate and certainly none was denied im­ At this time, when we are faced with manganese per year. Montana alone mediately preceding or during World the possibility of an all-out world war, furnishes approximately 10 percent of War II. we find ourselves primarily dependent that total, and that 10 percent consti­ The limited program of facilities set upon foreign importations for some of tutes about 90 percent of America's total up more than 3 years ago is a ~tart in t~e the most strategic metals known to ma,n production of this critically short item. right direction, but the capacity of facil­ in the manufacture of essential steel. Several other States have manganese ities at Grants Pass, Oreg., Butte and SEVENTY-FIVE PERCENT OF MINES CLOSED deposits. However, in one county i~ Philipsburg, Mont., are entirely in- Mr. MALONE. Mr. President, will the Montana is located the largest deposit adequate. . of chromite in America. Senator yield further? It requires large capital to deve~op It is many months since Russia cut Mr. ECTON. I am glad to yield fur­ off its shipments of manganese to Amer­ production of manganese and chromite, ther. as our deposits are not high grade. Pres­ Mr. MALONE. I know that the Sen­ ica. It is quite willing to load us up . ent facilities for processing the ore do with furs and even gold in exchange for ator from Montana is aware of the fact not warrant the investment required to that 75 percent of the mines in the our dollars or n..achines; but we can produce on a scale commensurate with buy no manganese or other strategic United States have been closed since the our needs. However, we still have sey­ end of World War II because of the oper­ materials from the Soviet. eral small and independent producers m Russia is also said to have more than ation of that same free trade policy. several states, but the restrictions gov­ However, is the Senator aware that not 300 modern snorkel submarines. We erning grade and price prohibit the oper­ know something of what German sub­ only has the mining industry suffered, ation of these independent mines. A few but that the textile, crockery, and pi-e­ marines did to allied shipping in 6 years years ago there were about 130 such pro­ of war. Are we to stake our entire fu­ cision industries, and the manufacturers ducers. Today there are abo~t one of all those things without which we can­ ture on the daring, courage, and dozen. They cannot compete with the strength of our merchant marine? For not live in peace or war, are in the same importer who buy.s higher grade conce~­ without capacity steel production we are category, and that .all those industries trates prnduced oy cheap labor of Asia, have been sold down the river by the almost defenseless. To ignore these Africa, and. Eur-0pe. facts is to invite total disaster. operation of the same policy? . I am somewhat disturbed by the lack I believe it is imperative that a broad Mr. ECTON. Yes, I realize all that. of attention given to the development policy be laid down by the Office of J?e­ It is hard to list the specific industries and mainteLance Of vigorous, healthy f ense Mobilization to remove t?e nsk which are affected, because all of them production of these two very strate.gic that we face in the event our. impo!ts • are affected, both directly and indirectly, materials-manganese and chro.zrute. may suddenly be cut off. Technical nun­ and at the present time we certainly are We are now dipping heavily into our ing and metallurgical problems must be overcome because of our lower-grade do­ faced with a situation which makes us stockpiles and we have not yet actually mestic supply. American ingenuity can consider with fear and trembling what begun to really mobilize. Our greate~t may happen overnight to our country. and will overcome these difficultie~ with weapons for defense of this Nation are the proper incentive and cooperat10n. Mr. MALONE. J:.1r. Pre&i1ent, if the still mere figures and drawings on the Senator from l\::ontana will yield fur­ draftsmen's tables. If top mobilization officials will give ther let me ask whether he is aware The steel industry is greatly expand­ the manganese and chromite industry a that' we were importing about a million ing its production facilities. That program such as now prevails for tung­ barrels of oil a day, and as a result the means we must have still more manga­ sten and other strategic materials, we oil wells were closing on account of the nese and chrome than we are using now. can be assured that our dependence. o.n rationing of the production of oil mim­ A shortage of these raw materials ren­ importations will be reduced to the throughout the Texas and Galifornia ders greater steel facilities impotent. mum, and we shall have created a ~o­ mestic industry that will benefit all m­ fields, a policy which was inaugura~d I seriously urge the Congress and the dustry and add immeasurably to our na­ before the President started his police Office of Defense Mobili,zation to give action in Korea and began to btiy all the greater consideration to the possible tional security. We must not place too much reliance oil and all the strategic materials he sudden loss of our foreign source of sup­ could get. Is the Senator aware that ply of manganese and chromite. in nor remain shackled to, foreign even before Korea the oil industry was American dollars are now supporting so~rces of supply when that risk is en­ being curtailed? development of the resources and in­ tirely unnecessary. Mr. ECTON. Yes, I am aware of that dustries of Europe, Asia, and Africa, and NINETEEN-YEAR PATTERN OF FREE TRADE fact. If the present situation continues, there is little doubt that large sums that MT. MALONE. Mr. President, will the we might find <'Urselves in the same posi­ we have contributed have gone into de­ Senator yield? tion with respect to oil that we are in velopment of these strategic metals in Mr. ECTON. I am very happy to yield with respect to strategic materials, if it those countries beyond the seas. That, to the Senator from Nevada. were not for the fact that in the past I may say, is at least a wiser expendi­ Mr. MALONE. I should like to ask the year American oil companies, wild­ ture than many we have made abroad, catters, and independents have success­ especially if the world were at peace. distinguished Senator from Montana if he is aware of the pattern, which has fully discovered an entirely new field. But the world is not at peace and I refer to the large field which was prospects for that happy state of affairs existed for the last 19 years, of buying and importing strategic and critical min­ opened in North Dakota and Montana, are dim at this time. Moreover, our and I think it will help us in this situa­ foreign sources of those raw materials erals and materials from foreign sources tion. might fall into unfriendly hands. and drying up our own sources of supply Mr. MALONE. Mr. President, if the We appropriated large sums of money through a long-range policy of free Senator from Montana will yield fur­ to develop synthetic rubber. Now we trade as the result of which no protec- ther, I wish to congratulate him upon are practically independent as far as . tion is given to the labor or to the in­ the statement he has just made. rubber is concerned. We have set up vestors of this country from, as the I know he will agree with me that it programs for the development of sup- Senator from Montana so ably said, the is most important that we maintain t he XCVIII-51 802 CONGRESSIONAL RECORD - SENATE February 5 incentive for wildcatting in oil explora­ tain fair and reasonable competition and S . 471. An act for the relief of Ai Mei Yu tion and the prospecting and explora­ preserve the incentive of our people to and Ai Mei Chen; work and invest their money? S. 527. An act for the relief of Youichi tion in connection with mineral pro­ Nobori; duction and the incentive for the in­ Mr. ECTON. I believe it is. It does S. 605. An act for the relief of Constance vestment of private capital in the textile not make sense to me to have our Gov­ Chin Hung; business, the crockery business, and ernment pay foreign importers a higher S. 634. An act for the relief of Stela S. oth1w businesses, and the incentive for price for strategic minerals and metals R ansier; further investments by stockholders, so and materials than t he price paid to S. 639. An act for the relief of Motoi K ano; domestic producers of the same com­ S. 640. An act for the relief of Isa mu Fur­ as to persuade the Americ2.n people to modities. Such a procedure simply does uta ; engage in new developments and new S. 659. An act for the relief of Ritsuko not make sense to me. Chojin; explorations for minerals, oil, and other Mr. MALONE. I agree most heartily products. Is not that true? · S. 702. An act for the relief of Joseph with the Senator from Montana. Let me Emanuel Winger; Mr. ECTON. I certainly believe it is ask him whether he is aware that at S. 895. An act for the relief of Dr. Yau true. As the Senator from Nevada well this time, in the case of several of the Shun Leu ng; knows, I agree with him that if our coun­ minerals, we are paying the foreign pro­ S. 971. An act for the relief of Ralph Al­ try is to remain great, we must preserve ducer a higher unit price-for instance, brecht Hsiao; that incentive, not only in the case of in­ S. 1120. An act for the relief of Misao Kon­ in the case -of copper, lead, zinc, and ishi ; vestors but also in the case of the opera­ many of the other strategic minerals­ S. 1158. An act for the relief of Takako tors and the laboring men who work in than we are paying to American pro­ K itamura Dalluge; those industries. If we are to destroy ducers of those minerals, on whom we S. 1177. An act for the relief of Misako completely every incentive, by means of place a ceiling price which is relatively Kin oshita; free trade, low cost competition, and low. S. 1236. An act for the relief of Kim Song higher taxes, the time will soon come We gift-loan to foreign countries Nore; when there will not be anyone at work S. 1280. An act for the relief of the minor money to enable them to outbid us in child, Peng-siu Mei; in productive or other fields in our great the world market for these same mate­ S. 1323. An act for the relief of Francisca land. rials, and those countries are not subject Quinones; Mr. MALONE. Mr. President, will the to any ceiling price. However, at this S. 1339. An act for the relief of Dr. Chai Senator from Montana yield further to moment the price of copper is being Chan g Choi; me? bandied about in Europe at from 50 to 60 S. 1421. An act for the relief of Masako Mr. ECTON. I yield. cents a pound, and the price of zinc at Sugiyam a ; between 25 and 30 cents a pound, where­ S. 1448. An act for the relief of Robert Mr. MALONE. Then is it not a fact William Lauber; that from the time when we adopted the as in the United States there is a ceiling S. 1819. An act for the relief of Wolfgang so-called reciprocal trade theory and of 24 Y2 cents a pound on copper and a Vogel; placed the authority to determine tariff ceiling of 18 cents a pound on zinc, S. 1909. An act for the relief of Henry Bon­ and import fet rates in the hands of a thanks to the action taken the other day gart and Evelyn Bongart; Secretary of State, who has no more by the Senate, which set that price as a S. 1911. An act for the relief of Michael knowledge of what makes industry feasi­ ceiling for domestic producers, who have David Liu, a minor; ble than a hog has about holy water, and to pay their employees anywhere from S. 2095. An act for the relief of Joe Kos­ from the time when Congress washed $11 to $15 a day, whereas foreign labor aka ; and S. 2158. An act for the relief of Michiyo its hands of that responsibility, although is paid anywhere from 50 cents to $3 or Chiba. it is the constitutional responsibility of $4 a day. They are paying these prices the Congress to regulate foreign trade, on our gift-loans of billions of dollars to we acted to lower the standard of living them. ENROLLED BILL SIGNED in the United States? . Under such circumstances I certainly The message also announced that the Mr. ECTON. I believe the Senator agree that it does not make sense for Speaker had amxed .his signature to the from Nevada has put his finger on a date the Senate to insist on the passage of enrolled bill (S. 2169) authorizing the which may have been the dividing line. such legislation. acquisition by the Secretary of the In­ I am not prepared to say definitely Does not the Senator from Montana terior of the Gila Pueblo, in Gila County, whether it v:as, but I think we can say agree that it makes sense for us to take Ariz., for archeological laboratory and definitely that unless we look after our .Pognizance of the situation confronting storage purposes, and for other purposes, own industry and our own people and our producers and to take steps to en­ and it was signed by the President pro our own country, any sensible person courage them by establishing fair and tempore. must come to the conclusion that no reasonable competition through the flex­ one else in the world will do so. ible import fee principle? FAIR AND REASONABLE COMPETITION Mr. ECTON. I thank the Senator ENROLLED BILL PRESENTED Mr. MALONE. Mr. President, if the from Nevada for his remarks, and I The Secretary of the Senate reported Senator from Montana will yield fur­ certainly agree that it is high time that that on today, February 5, 1952, he pre­ ther, I woulc". add to the fine statem~mt we take cognizance of the discrepancy sented to the President of the United he has made, by saying that the only way between the prices paid to our own min­ States the enrolled bill lony, and upon conviction remedy that very important defect in the who must harvest the crops. thereof shall be punished by a fine not ex­ bill, a defect which I think would render The facts of the matter are that the ceeding- $2,000, or by imprisonment for a ineffective the purposes the bill is de­ amendment offered last year by the term not exceeding 1 year, or both, for each signed to accomplish. I realize that the Senator was not accepted in conference, alien in respect to whom any violation of and it is not likely to be accepted this this section occurs." purposes of the bill are good, and would make it possible, in my opinion, to de­ time. The days of harvesting are al­ Mr. DOUGLAS. Mr. President, this port the greater number of wetbacks and ready here, in some instances, or are amendment is designed to make the other aliens and women who are illegally rapidly approaching. In my judgment, pending bill effective. The bill as now in this country. all that can happen as .a result of the drawn merely imposes penalties for those Mr. KNOWLAND. Mr. President, will acceptance of the amendment of the who bring labor illegally into the United the Senator yield? Senator from Illinois is that the passage States or who harbor labor illegally. We Mr. DOUGLAS. I yield for a ques­ of this bill will be delayed, we shall not well know that in the case of the Mexi­ tion. have the legislation which is need.ed, and cans they are not brought in. They Mr. KNOWLAND. First of all, I it will be impossible to renew the agree­ come across the Rio Grande River gen­ ment with the Mexican Government. erally when it is rather low. Sometimes should like to ask the Senator from Illi­ As a consequence, I think a great hard­ they get their backs wet, sometimes they nois not to limit me strictly to a ques­ ship will result to our own people. If only get their feet wet. They come in tion. I will not take more than a minute the Senator, after visiting the Imperial to the United States illegally by the or two of his time, but I think he wants Valley and obtaining first-hand infor­ hundreds of thousands each year. At clarity in the debate. Knowing the able mation, desires to return to the Senate present the immigration authorities are Senator's fair-minded attitude, I wish, to offer a pertinent amendment to simi­ virtually helpless in dealing with them. since he has mentioned the Imperial lar legislation, which will have to be in­ They enter in such large numbers as to Valley, that he would take the time on troduced, I think that will be the time drive down the wages of American farm one of his trips to the west coast to go for him to propose his amendment. labor; and they are not well paid, them­ into the Imperial Valley. I think the Mr. DOUGLAS. I was glad to yield to selves. Senator would find that the Mexican la­ the Senator from California for his ques­ In 1950, Mexican labor in the lower bor employed there is being paid a wage tions. Of course, the Mexicans who Rio Grande Valley, according to testi­ comparable with wages paid other la­ come into this country illegally gener­ mony, was apparently receiving 25 cents borers for comparable work in the Im­ ally find better conditions here than they an hour, which was half the rate paid perial Valley and that the conditions in had in Mexico. If they did not find bet­ to domestic farm labor in that area, and the valley with respect to the reception ter conditions here, they would not con­ tended to depress the domestic labor rate centers, and so forth, are satisfactory. tinue to come here. But the question is to the same level. In the Imperial Val­ I think the Senator would so judge them not whether we afford conditions which ley of California, the so-called wetbacks, if he should go there to see them, as I · are slightly better than those in Mex­ namely, Mexicans who had illegally have done. ico. The question is whether we shall entered, also received appreciably less For the reasons which I pointed out have an American standard for agricul­ than domestic labor. So, I think there earlier, the labor which has crossed the tural labor and not allow our farm labor can be no doubt that these aliens who border into the United States has re­ to be dragged down to a point approxi­ enter this country in large numbers re­ turned to Mexico with substantial ac­ mating the Mexican standard. ceive low wages; and they receive low cumulations of wages, a thing which is We have established what purports to wages in part because the employers beneficial to themselves and their fami­ be a legal way of handling the matter by know that they have entered illegally, lies when they go back to Mexico. Fur­ contracts. We make contracts with the aI!d the employer, therefore, has a whip­ thermore, they go back with suitcases Mexican Government for Mexican labor h2.nd over them and can turn them over filled with merchandise which they have to come into the United States. I believe to the immigration authorities if they do been able to purchase in this country, to that in the State of Texas such labor is not accept the terms which are offered take to their families. But, as I pointed paid 40 cents an hour, and in other sec­ them. out earlier in this discussion, and which tions of the country, 60 cents an hour. The working conditions are also bad; is far more important, they go back with This can be done legally. But the point the sanitary and housing conditions are a knowledge of American agricultural is that large farming interests in the bad; and this situation exercises a de­ methods, which will be highly beneficial . South and the Southwest do not want to pressing influence on community stand­ to them when they resume farming in have labor under those legal conditions, ards of health and on the general level Mexico. So I certainly hope that the because that means higher wage scales of wages for domestic labor as well. able Senator from Illinois will take the than they have to pay the labor which Mr. LEHMAN and Mr. KNOWLAND time and the trouble, in the investiga­ is illegally broucht in. It is cheaper for addressed the Chair. tions which I know he likes to carry on, them to have illegal labor than for them The PRESIDENT pro tempore. Does to see for himself, without making state­ to fallow the legal n'letho1 which should the Senator from Illinois yield; and, if ments such as he made regarding the be enforced. • so, to whom? Imperial Valley. Mr. KNOWLAND. Mr. President, will Mr. DOUGLAS. I yield first to the The reason I am opposed to the Sena­ the Senator from Illinois yield for an­ Senator from New York. tor's amendment is because of the prac- other question? 804 CONGRESSIONAL RECORD- SENATE February 5 Mr. DOUGLAS. I yield to the Sena­ ditions of employment which otherwise Mr. DOUGLAS. Oh,. yes. Reasonable tor from California. they would not accept. men should have no -objection to this Mr. KNOWLAND. The Senator from The amendment which I have modi­ proposal. Illinois does not maintain, does he, that fied in accordance with the suggestions Mr. CASE. It failed before to get by so far as the Imperial Valley of Cali­ of the senior Senator fr0m Oregon [Mr. the conference committee. Does the fornia is concerned, the workers are paid CORDON] is very simple. It merely im­ Senator think it will succeed this time? less than the legal rate? As a matter of poses a penalty on those who employ Mr. DOUGLAS. Time, facts, and fact, the statement was concurred in by alien laborers knowing, or with reason­ logic have a great influence on many Government officials with whom I talked able grounds to believe, they are il­ people. I think the House conferees will in that area that in a number of in­ lf.gally in this country. It does not re­ be more amenable than they were last stances it is costing the farmers more to quire the employer to i.uquire whether year. employ Mexican labor because of the the laborer is here legally, nor does it Mr. LEHMAN. Mr. President, will the transportation and the bond, and they require the employer to serve as an en­ Senator from Illinois yield? would rather have American labor if forcement agency. It merely makes the Mr. DOUGLAS. I yield. they could get it. The problem is that employer liable if he knows or has good Mr. LEHMAN. Will the Senator not the crop comes along and it is either rrrounds to beliP.ve that the laborer has agree with me that it is a remarkable harvested or wasted. We are dealing illegally entered the United States. thing that at a time when we are trying with the Nation's food supply in this I see no real rer..so11 why anyone to exclude persons who have been guilty emergency. should object to this amendment. of L'1.oral turpitude or who have com­ Mr. LEHMAN. Mr. President, will the Mr. CASE. Mr. President, will the mitted crimes or have given definite in­ Senator from Illinois yield? Senator from Illinois yield? dications that they would not be loyal Mr. DOUGLAS. I yield. Mr. DOUGLAS. I would prefer not to this country and might even be sub­ Mr. LEHMAN. I wonder if the Sena­ to do so at this time. versive, we are endeavoring to pass legis­ tor from California knows that this I cannot believe that the Senate of the lation which would make it difficult to morning there was held a hearing con­ United States wants to e11courage cheap exclude certain other persons for whom ducted by a Subcorrimi.ttee of the Senate and illegal labor. We hear much about there has been no test whatsoever? Committee on Labor and Public Welfare, protecting American industry. This By the very nature of the situation, and that testimony was offered to the seems to be a case where we should pro­ the men and women, particularly the effect that in 1951 we had about 600,000 tect the minimum labcr standards. Un­ men, who have come illegally into the migratory laborers who were American less we adopt some such amendment as United States from Mexico have been citizens or were legally resident in this this, the treaty with Mexico will tend to subjected to no examination, no test, country, and at the same time it was be a complete dead letter. For every few and no survey. Yet they may stay here estimated that in the United States were thousand Mexicans coming in under the for a long period of time, even though more thr.n 200,000 Mexicans who had tre~ty with M;xico, there are tens of they may not have passed any test of come here illegally and who had not thousands coming in under no protec­ eligibility for immigration, and we are been deported in spite of efforts made to tion at all. depriving the Government of the power deport them. I wonder whether the The pending bill provides a penalty to deport them l.Jecause we are placing no Senator from Illinois will not agree with against those who transport labor il­ penalty, or any other means of discour­ me that under the provisions of the legally into this country. But most of agement, upon their employers, although pending bill, the purpose of which I be­ these aliens do not come in busses or in it is known that these aliens are in this lieve is good, there is no way of punishing country illegally and have passed no test or even discouraging anyone in connec­ railroad trains; they come on foot. No one transports them; they transport whatsoever. It seems to me to be an tion with the employment of a man or entirely unrealistic and contradictory themselves. So that section is inopera­ woman w~om he knows is illegally in this situation. country. Am I correct in that? tive as any great deterrent. Those la­ Mr. DOUGLAS. Certainly it leaves Mr. DOUGLAS. The Senator from borers usually move individually to the the back door wide open. New York is completely correct on that employers; and unless we place some Mr. AIKEN. Mr. President, will the point. The effects of the illegal entry protective measures on the farms that Senator yield? of hundreds of thousands of Mexicans employ the legal entrants, and on the Mr. DOUGLAS. I yield to the Sena­ are not merely confined to agricultural wage and community standards of do­ tor from Vermont. regions. They receive their immediate mestic farm workers, the gravely de­ Mr. AIKEN. I should like to ask tte employment in the agricultural regions pressing effects of this illegal immigra­ Senator from Illinois a question. Sup­ of the South and Southwest, and then tion will continue. pose an employer hires persons referred move to the North. After they have Mr. CASE. Mr. President, will the to him by the United States Employ­ been here for a time, they go to the cities Senator from Illinois yield? ment Service, and later finds that one of and increase the labor supply there. Mr. DOUGLAS. I yield. them is an illegal entrant. Would the In my own State there are tens of employer then be liable, or would he be thousands of Mexicans who have ille­ Mr. CASE. Was not a similar provi­ justified in relying upon the employment gally entered the country. The only sion placed in the previr.us bill? service not to refer illegal entrants to time they are detected is when some of Mr. DOUGLAS. That is correct. It him for employment? them get into trouble with the police, was a stronger provision than is this Mr. DOUGLAS. The question by the and where a police record is obtained, it one. Senator from Vermont is as to liability is found that they do not have a cer­ Mr. CASE. What happened to it? of an employer if a worker has been re­ tificate entitling them legally to enter the Mr. DOUGLAS. It was eliminated in f erred to him by the employment country. In those cases they are de­ conference. service? ported and sent back to Mexico. But if Mr. CASE. Is not the Senator afraid Mr. AIKEN. That is correct. If an they do not get into trouble with the that if this provision i3 now put into the employer hires persons who have been police, and most of them do not, they bill, there will be the same result? referred to him by the United States continue to remain here. So we are Mr. DOUGLAS. No, I hope not. I Employment Service, and later finds having a gradual dilution of the working that one of them is in this country ill­ force. These aliens in many cases live think the Senate should not retreat from the position which it took. It was egally, would the employer himself then under conditions which are very close to be responsible, or would the responsi­ peonage, because they are afraid they a sound position last year, and it is a bility fall upon the employment service? .. will be turned over to the public author­ sound position this year, and we should Mr. DOUGLAS. The employer would ities by their employer if they do not not· back down. not be responsible under those circum­ agree to the terms which their employer Mr. CASE. Does the Senator feel that stances, because the wording of the suggests, and they fear that they will it is necesrnry to have this legislation amendment is such that the employer be deported. Therefore, they accept con- on the subject? must know or have reasonable ground /

1952 CONGRESSIONAL RECORD - SENATE 805 to believe that th,.e alien has illegally vestigation, the farmer could be found Further than that, it required of every entered. If an alien had been referred guilty of a felony and be sent to a employer that he become an adjunct to to him by the Government Employment penitentiary. the law enforcement service, to the Im­ Service, the presumption would be that It seems to me that the Senate ought migration Service. It required him to the alien was a legal entrant, and the to be much more interested in protect­ look up the appropriate immigration employer in that case certainly would ing the American farmer, who has prac­ official, and seek to get from him such not be responsible. tically everything against him, than in information as he could acquire with Mr. AIKEN. I thank the Senator preventing the employment of groups reference to any alien as to whom there from Illinois. of aliens from Mexico or any other was any question. Mr. DOUGLAS. Mr. President, while country. Mr. LANGER. Mr. President, will the the Senator from California [Mr. The committee had before it an Senator yield for a question? KNOWLANDJ is in the Chamber, in answer amendment similar to this. After much Mr. CORDON. I will yield in a mo­ to questions he has raised about Impe­ discussion, the proposed amendment ment. rial Valley, I should like to read from .was discarded. The amendment now All those provisions were in the the report entitled "Migratory Labor in being offered on the floor is, in my opin­ amendment as it was adopted by the American Agriculture. Report of the ion, an amendment which is very dan­ Senate and rejected by the conference. President's Commission on Migratory gerous to the welfare o.Z the farmer, and The pending amendment simply pro­ Labor." At page 79 there appears the I ho'pe it will be defeated. hibits an individual in the United States following: Mr. DOUGLAS. Mr. President, I call from employing an alien unlawfully Notwithstanding the strong and clear for- a vote on the amendment, as within the United States under circum­ tendency for wages to rise as one moves west­ modified. · stances in which, first, the employer ward, with California the highest of the Mr. CORDON. Mr. President, I rise knows as a fact that he is employing group, we found wages in the Imperial Val- an alien unlawfully within the United . ley on the Mexican border to represent a to speak in favor of the modified amend­ complete reversal of this pattern. The going ment to t:1e bill. I support it because States, or, second, when he has pos­ wage rate for common and hand labor in without it the bill is little more than a session of such knowledge as would rea­ the Imperial Valley was 50 cents per hour. gesture so far as effectiveness is con­ sonably lead him to believe that the Thus Imperial Valley farm employers pay no cerned. The bill without the amend­ alien is unlawfully within the United more to get their farm work done than do ment would be much better than no States. Only then is he in violation of farm employers in southern New Mexico and legislation, but it is not as _good as it law. probably less than do Arizona farm em­ I now yield to the Senator from North ployers. would be if it contained an effective pro­ vision such as that now offered by the Dakota. I shall skip a sentence which I do not Senator from Illinois. · Mr. LANGER. Mr. President, take believe has any bearing, and shall re­ If there is a situation along the Rio the case of a farmer who needs help im­ sume reading, as follows: Grande where it is necessary, for the mediately. A group of men come along It is thus clear that the Imperial Valley, benefit of the economy of that section, and he hires them. When he hires them, with its large wetback traffic, represents a for employers to hire aliens who are he may know that nine out of 10 have substantial contradiction to an otherwise illegally in the United States, that is a right to be hired. The farmer assumes consistent general tendency for farm wages one thing: If that is the case, we should that the tenth man is also legally in to improve toward the West. The force of the Imperial Valley wetback traffic is strong meet it as a fact. If, on the other hand, the United States. That farmer would enough to upset this well-established East­ the policy of the Federal Government be placed at the mercy of tbe tenth man, West wage pattern; at the same 'time, it is is to prevent the entrance of aliens into who might blackmail him. He might strong enough to institute in one of the the country except in accordance with work for him for a short time and then high-farm-wage States of th_e Nation, the our laws; if it be the policy of the Gov­ say, "Unless I get so much money from same type of wage dHierential that is found ernment to prevent our citizens and you I am going to the United States dis­ on the Texas border. While common farm others from aiding and abetting any trict attorney and have you arrested." labor wages in 1950 in the Imperial Valley such entry; if it be the policy to prohibit In order to protect himself and keep out w~re 50 cents per hour, the going rate in the San Joaquin Valley was 85 cents per our citizens or others within our borders of the penitentiary a farmer employing hour. giving aid and assistance to illegally­ aliens might have to hire a Philadelphia entered aliens, why should we hesitat.e lawyer. Mr. President, that is all I wish to say to say to the employers that" they also The modified amendment provides on this amendment. I hope it may be must use ordinary care in their employ­ that any farmer who has reasonable approved. · ment relations? Why should we not say ground to believe that an alien may be The PRESIDENT pro tempore. The to them that they also have a duty to in the United States illegally and hires question is on agreeing to the amend­ their country? him is in violation of the law. In other ment, as modified, offereJ by the Senator Mr. President, the amendment which words, he can be arrested and tried be­ from Illinois [Mr. DOUGLAS]. is now offered has never been rejected fore a jury on the question as to whether Mr. LANGER. Mr. President, I rise to by any conference committee because it or not he had reasonable ground to be­ speak in opposition to this modified has never before been in a bill in the lieve that the alien was illegally with­ amendment. Already the American form in which it now appears. The in the United States. That would place farmer is the "fall guy" for practically amendment which was before the con­ all the leaders of industry, and those another burden on the farmer, who is al­ ferees on a previous occasion carried ready overburdened by the Federal Gov­ who live off the farmer and the worker. two further provisions which I can read­ The small-business men usually give him ernment with scores of regulations. ily understand were exceedingly objec­ Mr. CORDON. Mr. President, I dis­ a square deal. tionable to some. The amendment as The greatest gambler today is the it was rejected by the conference com­ agree with my friend from North Da­ farmer. He is dependent upon the mittee prohibited not only the employ­ kota almost 100 percent. I concede that weather and upon a conglomerate ment of aliens who were unlawfully any man desiring to blackmail a farmer variety of other things which he is un­ within this country when the employer might lie about him and perhaps cause able to avoid. Under this modified knew that the aliens were here unlaw­ him some trouble. We cannot stop that amendment, a group of men may be fully, it not only prohibited such em­ by any way I know of. I know of no employed by a farmer who needs men to ployment when the employer had rea­ brand of law which can change human v;ork, for example, in the sugar-beet sonable ground to believe that the aliens nature. The Senator from North Da­ fields. This work cannot wait. It must were unlawfully in this country, but it kota is correct to that extent, but no be done in season. If by chance one of prohibited such employment if the em­ further. that group is an alien, but the farmer ployer did not take the affirmative step This amendment does not require any does not know it, and does not have time of making inquiry of each of his em­ employer to make a single inquiry of any while operating his farm to make an in- ployees. kind or character before he employs any • 806 CONGRESSIONAL RECORD - SENATE February 5 • I prospective employee. He is not re­ such ·a provision in the bill, to afford the I wish to refer for a moment to the quired to ask him whether he i<> an alien. employer a little safeguard. time when we on our farms in eastern He is not required to believe· him if he Mr. CORDON. Mr. President, I think Oregon need such labor. It may be that says he is an alien. The farmer may the inquiry is somewhat facetious. the beet-thinnim; season is on, or many employ any individual who seeks em­ However, let me digress for a moment other types of farm labor which must be ployment. But if he knows as a fact to suggest that I have no desire to re­ done at once, without delay. It is a that the alien is unlawfully within the quire a dossier operation such as is re­ highly seasonal situation. The beets United States, then he may not employ quired in the police countries ·around must be thinned at a particular time. him. the world. By the same token, I believe The work must be done without delay. How can he know? In only one way that this amendment gives to every hon­ If we go into the city of Ontario, Oreg., could he have absolute kno-v;ledge, and est employer every protection he needs. and pick up 10 men~ perhaps not one of that is if he saw the man cross the It could not be more liberal and be at all them can speak English. We cannot border. There is no other way. So if effective. There must be some place take the time to find the manager in we limit this provision to personal knowl­ where we can reach actions which in order to ascertain, with ordinary care, edge, we have simply used words. If we themselves represent the reason for the whether or not the men are legally in the include a prohibition in the case in which situation which we seek to control. United States. We must take the family the employer has :.:easonable ground to That situation exists because· when as a group-and we hire many families­ believe that the alien is unlawfully with­ immigrants arrive in this country they or we must take a crew as we find it with­ in the United States, then we say to the find conditions so much better than con­ out time to investigate. Assuming, Mr. employer, "You may employ any aliens ditions in their own country that they President, after we get them to the camp, who come to you seeking employment. are willing to take the chance of violat­ an individual tell us, "Well, John Jones You are not required to inquire as to ing our law and make illegal entry. in that crew does not have perfect admis­ whether or not they are legally within What do they find here? They find sibility in the United States," we are in the United States. You may act on the employment at far higher wages than violation of the law. Under the pro­ presumption that they are entitled to be are paid in their own country. They find posed amendment the farmer is crim­ here. But if before you employ any in­ themselves paid with money which has inally liable. The farmer must go to dividual, the individual himself says to a very great value when they return with court to answer to a felony. He must you that he is illegally within the it to their own country. Even though we hire an attorney- he must take time off. United States, and that fact can be may think that they are living in squalor to answer for a serious crime, a felony. proved, or if a dozen others say that here, they find a very much higher level Mr. President, I know something about they know he is illegally in this country of living than they could ever have working conditions in the State of Cali­ because they saw him cross the Rio known ·n their own country. So they fornia, the State of Oregon, and the State Grande, for example, or if you have come here. of Idaho, and I say that we do not need possession o~ enough facts of that char­ Mr. President, the reason they find this vicious amendment. It would acter- not the fact of an niegal entry, such conditions is that, having entered merely open the door for many decent but the fact that someone has said there unlawfully, they find employment. They farmers in the hiring season to be ex­ was an illegal entry-if there has come are not here to starve. Why, then, posed to the charge of having committed to your knowledge enough information should we shut our eyes to one of the a felony, when they are not at all crim­ from other sources, inforr: ~ ation which evils, the major evil, that of inviting inally inclined. Much serious hardship you are not required to seek, but of aliens to violate our immigration laws and damage can be done the farmer un­ which you may be in possession, infor­ while at the same time we almost guar· der this amendment. mation which would lead an ordinary antee them employment in this coun­ Therefore, I shall vote against the reasonable mind to the conclusion- that try, where, God knows, plenty of our amendment. There is no place for it a certain individual is illegally within ··own people could use such employment? in the bill. It should be defeated. the United States, then you may not Mr. LEHMAN. Mr. President, will the Mr. LEHMAN. Mr. President·, I am employ him without rendering yourself Senator yield? very confident that my colleagues in the· liable to prosecution under this act." Mr. CORDON. Mr. President, if this Senate know my position with regard There iE.: no obligation upon the em­ amendment placed upon the farmer-em­ to immigration. I have always felt that ployer to do more than receive the in­ ployer in this country any obligation to this countr.> should encourage and help formation which comes to him. When do more than be ordinarily, decently re­ the entry of law-abiding men and women he receives it, he need do no more thail sponsive to the laws of his own country, of good character, who have given evi­ give it the ordinary evaluation which I should oppose it. It does not do that. dence or indication that they would be a reasoning mind gives to the informa ­ It does not require him to do any affirma­ worthy citizens and not come into con­ tion w~1ic:!i :flows past it every day. tive thing. It is sound legislation if any :fiict with our laws. Mr. President, we need the amend­ provision in the bill is sound legislation. By the same .token, Mr. President, I ment in the bill if we are h~nestly to I hope the amendment will be adopted. have always taken the position that men try to do the job we seek to do. Let me say before I take my seat that and women who are in this country Mr. KILGORE. Mr. President, will I am not moved by the argument that the illegally should be deported by due proc­ the Senator yield for a question? bill itself will fail if this amendment is ess of law as promptly and as definitely Mr. CORDON. I am happy to yield placed in it. I am not ready to confess as can be provided. to the Senator from West Virginia. futility on the part of the United States The men who are the subject of the Mr. KILGORE. I would not myself Senate. If it believes that a thing ought bill before the Senate have come into sponsor or vote for the provision with to be done, that thing should be done, and the country illegally. There can be no respect to which I should like to ask the we should abide by the event when the doubt about that. The law itself defines Senator a question. I wonder if the Sen­ result comes before us. the presence of these men as being ille­ ator from Oregon would be willing to Mr. WELKER. Mr. President, as a gal. I cannot understand why anyone taxpayer and as a farmer in eastern Ore­ should say that a citizen of this country, add to the amendment the proviso that gon, represented so well tiy the senior knowing that a person is in the country every American citizen must carry a card Senator from Oregon [Mr. CORDON], I illegally, should not make every effort of identification, just as every immigrant rise, not to prolong the debate, but to .to see that the person is returned to his must have his record of immigration disagree with the remarks of the dis­ own country. with him, so that the employer may be tinguished senior Senator from Oregon. Under the provisions of the law as it assured, by an inspection of an official I wish to associate myself with the re­ now stands, unless it is amended by the record, as is the case in Europe and other marks of the distinguished senior Senator amendment offered by the Senator from countries, that he is employing a person from North Dakota [Mr. LANGER]. Illinois [Mr. DOUGLAS], a farmer could legally within the country. I wonder if In this amendment I can see only utter employ a man even though he were told the Senator and the other proponents of confusion and prospective damage to the by that man that he was illegally in this amendment would want to place farmers who hire migrant labor. this country. There would be. no penalty 1952 CONGRESSIONAL RECORD - SENATE 807 infilcted whatever on a man who offered ·backs. I am a little like the old moun­ Mr. LEHMAN. Mr. President, let me em:,Jloyment or gave employment to such tain farmer in my State who said that he ask the Senator from West Virginia. an alien, even though he had the most believed in doing things by the littles. whether that was a ques~ion which was definite proof, such as the proof of the We cannot accomplish it all in one fell addressed to me~ prospective employee's own word, that swoop. I prefer to do it by the little. Mr. KILGORE. Yes; the queirtion is, he was in. the country illegally. We are doing a little, at least. The Im­ Does not the Senator think that is the Mr. President, I want to see such men migration Service says they can work situation? returned to their own country. I want with this bill, without the proposed Mr. LEHMAN. Mr. President, the to see deported the men who have come amendment, and they say they can stop question is a long one. [Laughter.} here illegally, many of whom have been the illegal entries and can apprehend However, I interpret the question as an subjected to no test whatever by our the aliens ~ : ho have been coming in to inquiry whether I wish to get after the immigration officials or by our State the United States. I do not want to wetbacks or after the farmers. Of Department. I want to see the law punish only American employers. Like course, my answer is a very simple one, strengthened so that they can be sent my distinguished friend, the senior Sen­ namely, that I wish to get after the wet­ back. The pending bill alone would not ator from Illinois [Mr. DotrGLAS], I do backs. However, I am afraid this bill accomplish that result. It would be not believe in starting 6-year-olds in will render ineffective any efforts we may rendered ineffective, because no penalty college. I believe we must start them in make to get after the wetbacks. would be provided for the employment the first grade. I realize that American It may be that the contract we have of men who have come into the country employers- had, which we now seek to extend with illegally, and who may stay here illegally Mr. DOUGLAS. Mr. President, let me the Mexican Government, providing for f jr an inaefinite number of years. No say to my good friend the Senator from the importation into the United States penalty would be provided for such ille­ West Virginia-- of a certain number of farm laborers, gal entry. Therefore the law could be Mr. KILGCRE. Mr. President, I did may be of value to American farmers. disregarded and made completely in­ not yield to the Senator from Illinois, However, so far as I know, there is noth­ effective. and I wonder whether the Senator from ing in the contract which recognizes or Mr. KILGORE. Mr. President, will New York, who has the floor and who legalizes wetbacks, except the Mexican the Senator yield for a question? yielded to me, has yielded to the Senator Government, I believe, assures our Gov­ Mr. LEHMAN. I yield. from Illinois. ernment that it will attempt to cooper­ Mr. KILGORE. I have refrained from Mr: DOUGLAS. Mr. President, I rise ate with the United States Government taking part in the debate. I have been to a question of personal privilege. in stopping the entry of wetbacks. How­ sitting on the fioor while other Senators Mr. KILGORE. Very well, Mr. Presi­ ever, the Mexican Government has not have gone to lunch. I should like to dent. stopped it, and our Government has not see the debate concluded as soon as pos­ Mr. DOUGLAS. I think the Senator stopped it; and during the last growing sible. However, does the Senator from has been reading in the New Yorker an season nearly 300,000 wetbacks were in New York realize that an alien who article which is unkindly in nature and the United States. comes into the country illegally may re­ which is, in my opinion, as it relates to Mr ~ KILGORE. Mr. President, will main in the country as long is 3 years the city of Chicago and the University of the Senator from New York permit a and is then given an automatic stay of Chicago, somewhat exaggerated and at slight additional explanation? execution, whereas the farmer who em­ variance with the actual situation. Mr. LEHMAN. Of course. ploys such an alien would have an auto­ Mr. LEHMAN. Mr. President, I have Mr. KILGORE. Such a person who matic term in the penitentiary? Are we yielded to the distinguished Senator enters the United states legally is pro­ out to get the employer, or are we out to from West Virginia. vided with a card which has on it his get the wetback? Mr. KILGORE. Mr. President, let me photograph, fingerprints, and so forth. The question I should like to ask of say to the distinguished Senator from References have been made to a situa­ the junior Senator from New York is Illinois that I never have read the New tion which the farmers in the South­ this: We are dealing with men who grow Yorker. I was trying to draw an analogy west attempt to use slave labor. We millions of dollars' worth of crops. in this respect: We have had wetbacks . realize that the farmer there pays, in American labor will not handle what we for so long that our employers have to be addition to wages, transportation call stoop work. It has always been educated from the first grade up, in re­ charges and other costs for the labor. necessary to import fabor from abroad gard to the wetback problem; and we As I have said, the laborer is provided to do that kind of work. We used to cannot start the employers on a college with an identification card which he car­ bring in Japanese, Chinese, Filipinos, course in th.at subject until they have ries with him to the job. and Mexicans. If we defeat the bill we had education in the lower grades. I find that without exception the do not get a new contract; we merely Although last year I was just as am­ Southwestern farmers wish to employ invite another invasion by wetbacks, or bitious and just as buoyant as was the legally the laborers they need, and wish bankruptcy among the farmers who are Senator from Illinois in supporting his to have a legal way of getting them into concerned with the problem. proposals in regard to this matter, at the the United States. That is why I con­ Mr. President, I believe that we should same time I think we must handle it cur in the bill now before the Senate look at the problem in a logical way. I according to the suggestion of the West and in the committee amendment sub­ agree with the senior Senator from New Virginia farmer, namely, "by the littles," mitted to the bill. York that we should eliminate illegal and must not begin to punish Americans Mr. McCLELLAN. Mr. President, •I entries. At the same time, I am also for things about which our predecessors should like to ask the author of the in favor of protecting both the Amer­ in Congress were lax, and in regard to amendment a question or two about it, if ican worker and the American employer which those of us who serve in Congress I may do so. to the fullest extent. I believe the en­ are in part responsible because of our Mr. DOUGLAS. I shall be very glad actment of the bill with the amendment failure to provide the Immigration Serv­ to try to answer any questions the Sen­ would invite an invasion by wetbacks. ice with appropriations sufficiently large ator from Arkansas may ask. Either we would invite an invasion, or we to permit the employment of adequate Mr. McCLELLAN. I am somewhat would subject the farmers who raise the personnel to patrol the border. My concerned about the portion of the crops to bankruptcy. The farmers who friend, the Senator from Texas, knows, are concerned raise a great canning and as I used to know, the number of Immi­ amendment which reads "reasonable deep-freeze crop. gration Service inspectors we maintain grounds for belief." Under that lan­ I wonder whether the senior Senator on the Mexican border. guage of the amendment, would not it from New York realizes that we have So we must raise our sights in regard be possible to convict a farmer of a. gotten far afi,eld here. The proposed leg­ to the proper number of immigration in­ felony, and send him to the peniten­ islation does not legalize wetbacks, and spectors and we must try to realize the tiary, on less evidence than is required the Immigration Service says it strength­ present situation as it is, and must try to convict a person of · knowingly re­ ens their opportunity to catch the wet- to improve it a little at a time. ceiving stolen property?

I , 808 CONGRESSIONAL RECORD- SENATE February 5 In other words, the penalty for em .. tor from Louisiana [Mr. ELLENDER] who, thousand miles from the Mexican ploying a wetback would thus be made I may say, originally drafted a bill far border. There is considerable competi­ more severe than the penalty which is more stringent than the amendment I tion for those workers. Men are brought imposed upon a person who knowingly am proposing. The Senator from Lou­ in by trucks, motor transportation, some receives stolen property and the possi­ isiana had that proposal incorporated times arriving in the night. There is bility of conviction would be greater in in a separate bill which he introduced considerable confusion and scrambling. the case of a farmer who employs such last year as S. 1391; and what is re­ They are there only a few weeks. If they labor, for he could be convict-: d on less f erred to as the Douglas amendment of are not used during those few weeks, it evidence and on less of a showing of last year is really the Ellender amend­ is sometimes too late to use them. guilt and less of a showing of intent. ment somewhat watered down. Mr. President, I think we are placing Mr. DOUGLAS. In reply to the Sen­ This year the amendment is a still an unreasonable burden upon the em­ a tor from Arkansas, let me say that further dilution of the Ellender bill, and ployer who is acting in good faith, with under the provisions of the amendment I am quite certain that the senior Sen­ all the facilities he may have available-. the Government would bear the burden ator from Louisiana would take every I think the best statement which has of proof and would have to show beyond proper step to protect the planters and been made with reference to the ques­ a reasonable doubt that the farmer in the agriculturists. tion, as it applies to a matter with which question had reasonable grounds for be­ I am even more lenient on them than I am familiar, was made by the Senator lieving that the worker was an illegal was the senior Senator from Louisiana. from Arkansas [Mr. MCCLELLAN]. I entrant. In other words, the Govern­ So I am sure the historic explanation I should like to ask the Senator from ment would have to demonstrate beyond have given should serve to assure the Arkansas if he will not compare this bill a reasonable doubt that the farmer Senator from Arkansas that I have not to the operation of the law regarding the either knew or had reasonable grounds advocated unduly severe penalties on receiving of stolen property. If the for believing that the alien was not il­ American farmers. If my amendment is Senator will again explain to the legally within the United States. more strict than the existing law in ref­ Senate- Mr. McCLELLAN. Yes; but the erence to receiving stolen property, it Mr. McCLELLAN. Mr. President, will statute which would make the farmer is just possible that a legal provision tt~e Senator from Mississippi yield? or any other person guilty of a felony dealing with the labor of human beings Mr. STENNIS. I yield. for knowingly receiving stolen property and affecting community and farm labor Mr. McCLELLAN. Mr. President, I does not include a provision similar to standards generally ought to afford these have no desire to repeat the statement I the one the Senator from Illinois has greater· protections. made a few moments ago. It was made included in his amendment to the com­ The PRESIDENT pro tempore. The upon the basis of the pending amend­ mittee amendment. In this instance question is on agreeing to the modified ment. the Senator from Illinois goes further amendment of the Senator from Illi­ What we are doing, when we place in and, in respect to know ledge or belief, nois [Mr. DouGLAS] to the committee the bill the provision with reference to would require more of a farmer who amendment. . the farmer having reasonable grounds to hires a wetback than would be required Mr. WELKER. Mr. President, I sug­ believe, and so forth, is simply to require to convict a farmer or any other person gest the absence of a quorum. less proof to convict the farmer of a for receiving stolen property. The PRESIDENT pro tempore. The felony and send him to the penitentiary Mr. DOUGLAS. I am not familiar clerk will call the roll. for employing a wetback than would be with the statute in regard to receiving The Chief Clerk called the roll, and required to convict a professional fence stolen goods, and therefore I am not the following Senators answered to their for receiving stolen property, because, in competent to speak about it. names: order to be convicted of receiving stolen Aiken Hennings Millikin property, the law requires that he know­ I should think that the same criminal Anderson Hill law rule would apply to both, namely, Monroney ingly received stolen property. Here we Benn.ett Hoey Moody temporize and say that of a farmer in that the ourden of proof beyond a rea­ Bricker Holland Morse sonable doubt would be upon the Gov­ Bridges Humphrey Mundt distress, trying to harvest his crop, hap­ Butler, Md. Hunt Murray pens to employ a wetback who, there is . ernment, and it would have to show Byrd I ves Neely reasonable ground for believing, is that the employer knew or had reason­ Cain Jenn er • Nixon able grounds for believing that the per­ Capehart Johnson, Colo. O'Conor illegally in the country-it may be only Case Johnson, Tex. O'Maboney rumor, put the farmer cannot stop to in­ son he was hiring was an illegal entrant. Chavez Johnston. S. C. Pastore quire-he could be convicted. But that Mr. McCLELLAN. In other words, Clements Kem Robertson kind of proof would not convict, under according to my interpretation, it would Connally Kilgore Russell cordon Knowla nd Saltonstall the statute, a .professional fence who take less proof to send a farmer to the Douglas · Langer Smathers knowingly receives stolen property. The penitenitary for trying to harvest his Dworshak Lehma n Smith , Maine farmer has no other desire than to keep crop if he happened to hire a wetback Eastland Lodge Smitb, N. J. Ecton Long Smith, N. C. his crop from perishing and to preserve to help him harvest it, than it would Ellender Magnuson Sparkman it. Do we want to impose on him a to send a professional "fence" to the Ferguson Malon e St ennis higher obligation when it comes to em­ penitenitary for knowingly receiving Flanders Mar t in Th ye Frear Mayba nk Tobey ploying a wetback than we would impose stolen property. Fulbright McCarran Underwood on a professional fence for receiving I should like to ask the Senator from George McClellan Watkins stolen property? Illinois another question: In this case Gillette McFarland Welker Hayden McKellar Williams Mr. STENNIS. Mr. President, I thank are we not making a felon out of a Hendrickson McMahon Young the Senator from Arkansas for his very farmer because he employs someone The PRESIDENT pro tempore. A fine statement and to make the point who happens to be illegally in the that this amendment, as I understand United States, to help him harvest his quorum is present. The question is on agreeing to the it, applies not only to the importation crop, rather than to permit the crop to of migratory labor, but it is a general go to waste and deteriorate and spoil, amendment, offered by the Senator from Illinois, as modified. amendment to our immigration laws and whereas it is the responsibility of the will apply to all types of persons who Federal Government itself to police the Mr. DOUGLAS and other Senators asked for the yeas and nays. happen to be in this country illegally. border and to keep out such persons? In this connection, Mr. President, may Thus we would make the farmer a vic­ The yeas and nays were not ordered. Mr. STENNIS. Mr. President, I shall I ask the Chair to have the pending tim of the Government's own failure amendment now read by the clerk? and inefficiency in policing the border, so not detain the Senate more than a very few minutes to give a statement of the The PRESIDENT pro tempore. The far as immigration is concerned. Is not factual operation of labor from Mexico clerk will read the pending amendment. that true? as it applies to the cotton-picking prob­ The CHIEF CLERK. On page 5, after Mr. DOUGLAS. I am sure the Sena­ lem in MissiSsippi. These laborers from line 17, it is proposed to insert the fol­ tor from Arkansas joins me in the high Mexico are used for only a few weeks, lowing: respect and regard I hold for the com­ during the peak of the cotton-picking Any person who shall employ any alien petence and ability of the senior Sena- season. My state is approximately a not duly admitt ed by" a n immigration officer 1952 CONGRESSIONAL RECORD - SENATE 809 or not lawfully entitled to enter or to reside I therefore have to oppose this amend­ thereon with an amendment in the nature in the United States under the terms of ment; but I believe that in the omnibus . of a substitute and recommends that the this act, or under any other law relating immigration bill, which is designed to bill, as amended, do pass. to the immigration or expulsion of aliens, AMENDMENT when such person knows or bas reasonable attack the general over-all problem of grounds to believe that such alien ls not aliens, including wetbacks, which is now Strike all after the enacting clause and lawfully within the United States, shall be on the Senate calendar, an amendment insert in lieu thereof the following: guilty of a felony, and· upon conviction might be adopted similar in language to "That section 8 of the Immigration Act thereof shall be punished by a fine not ex­ that proposed by the Senator from Illi­ of 1917 (39 Stat. 880; 8 U. S. C. 144), is here­ ceeding $2,000, or by imprisonment for a by amended to read: nois. But here we have an altogether "'SEC. 8. (a) Any person, including the term not exceeding 1 year, or both, for each different problem. owner, operator, pilot, master, commanding alien in respect to whom any violation of Time is of the essence, and all the officer, agent, or consignee of any means of this section occurs. information we received was to the effect transportation who- Mr. STENNIS. I thank the Chair for that this bill is about as strong a measure "'(l) brings into or lands in the United having the amendment read, and I wish as we can pass and still solve the problem States, by any means of transportation or of the farmer, involving the labor he otherwise, or attempts, by himself or through to point out that it applies not to each another, to bring into or land in the United general offense, but to each alien who needs to harvest his crop, and at the States, by any means of transportation or might be involved in the transaction. same time protect immigration into this otherwise; Mr. CHAVEZ. Mr. President, will the country. The immigration officials have "'(2) knowing that be is in the United Senator from Mississippi yield to me? wholeheartedly agreed to the language of States in violation of law, and knowing or Mr. STENNIS. Of course. I am happy the bill now before the Senate. having reasonable grounds to believe that to yield to the Senator from New Mexico. Mr. CAIN. Will the Senator yield? his last entry into the United States occurred Mr. MAGNUSON. I yield the floor. less than 3 years prior thereto, transports, Mr. CHAVEZ. The Senator from Mis­ Mr. CAIN. I wish to ask my colleague or moves, or attempts to transport or move, sissippi knows how hard I have worked a question about the pending amend­ within the United States by means of trans­ in trying to have provisions adopted portation or otherwise, in furtherance of dealing with immigrants who have come ment, if I may. such violation of law; in;;o this country illegally. My under~tanding of the amendment "'(3) willfully or knowingly conceals, is that if a farmer unintentionally hired harbors, or shields from detection, or at­ Mr. STENNIS. The Senator from New 50 wetbacks, he would be subject, under tempts to conceal, harbor, or shield from Mexico has been very helpful. the terms of the amendment, to a pos­ detection, in any place, including any build­ Mr. CHAVEZ. I have consistently been sible jail sentence of 50 years &.nd a fine ing or any means of transportation; or against the wetbacks, for several rea­ of $50,000. Am I correct in that under­ " ' ( 4) Willfully or knowingly encourages sons, including the fact that we have standing? or induces, or attempts to encourage or in­ sufficient local labor to take care of the duce, either directly or indirectly, the entry Mr. MAGNUSON. I may say to my into the United States of any alien, includ­ workload. colleague that it will probably be a rare ing an alien seaman, not duly admitted by But in matters of law I endorse the case when a farmer would be sent to an immigration officer or not lawfully en­ idea that all must be treated alike. Not- . jail for an offense like the one provided titled to enter or reside within the United withstanding the fact that I should like for. When the burden is placed upon States under the terms of this act or any to see provided some kind of pu:r:iishment the farmer to do something, which I other law relating to the immigration or for anyone who premeditatedly and expulsion of aliens, shall be guilty of a fel­ think is technically the case here, he is ony, and upon conviction thereof shall be knowingly, according to American law, likely to find himself in court, and it will employs wetbacks, I could not in con­ punished by a fine not exceeding $2,000 or then become a question whether he did by imprisonment for a term not exceeding science support this particular amend­ make reasonable inquiry, and the court 5 years, or both, for each alien in respect ment, which makes a specialty of pun­ can decide that in any way it wishes. to whom any violation of this subsection ishing the farmer. If the law were to I think there would be an injustice occurs: Provided, however, That for the pur­ apply generally to everyone, and then done, in this particular situation, be­ poses of this section, employment (includ­ the farmer, knowingly, premeditatedly, cause a farmer sometimes has to employ ing the usual and normal practices incident and with full knowledge and intent, vio­ to employment) shall not be deemed to con­ labor on shoi·t notice. He has little stitute harboring. lated the law, I might be for some such time, perhaps, and is somewhat lax in provision. " '(b) No officer or person shall have au­ making inquiry, and he may be caught. thority to make any arrest for a violation of But when it is proposed that under a That is why I think this matter should any provision of this section except officers certain set of circumstances the farmer be taken up in connection witP. the gen­ and employees of the United States Immi­ is to be held guilty of an offense entirely eral immigration law. gration and Naturalization Service desig­ different from any offense heretofore de­ Mr. CAIN. My question applies to the nated by the Attorney General, either indi­ scribed in the criminal statutes, I cannot vidually or as a member of a class, and all amendment as written. I am concerned other officers of the United States whose duty in conscience support such an amend­ with its potentials. I think, from a ment. it ls to enforce criminal laws. reading of it, it means potentially that "'(c) When the Attorney General or any Mr. STENN!~. I appreciate the Sen­ a farmer is subject to a thousand-dollar district director or any assistant district di­ ator's contribution. fine and a year in jail, or both, for each rector of the Immigration and Naturalization I now yield the floor. alien discovered on his. premises. Service has information indicating a reason­ The PRESIDENT pro tempore. The Mr. MAGNUSON. And it puts the able probability that in any designated lands question is on agreeing to the amend­ or other property aliens are illegally within burden on him affirmatively to act in the United States, he may issue his warrant ment, as modified, offered by the Senator some way. How the cou:rts would deter­ authorizing the immigration officer named from Illinois [Mr. DOUGLAS]. mine whether that was adequate or rea­ therein to go upon or within such desig­ Mr. MAGNUSON. Mr. President, I sonable, I would not know. nated lands or other property other than a merely wish to take a minute or so to Mr. CAIN. I thank my colleague. dwelling in which the warrant states there state my views upon this matter. Mr. KNOWLAND. Mr. President, I may be aliens illegally within the United I should like to establish the motive States, for the purpose of interrogating such ask unanimous consent that a copy of aliens concerning their right to enter or to and purpose of the amendment of the the report of the committee on the pend­ be or remain in the United States. Such Senator from Illinois. The original bill, ing bill be printed immediately following warrant shall state therein the time of day which was jointly prepared by the Sen­ the address by the Senator from Wash­ or night for its use and the period of its ator from West Virginia [Mr. KILGORE] ington. validity which in no case shall be for more and myself, went even further than does The PRESIDENT pro tempore. Is than 30 days.' the pending bill. However, we found, there objection? "SEC. 2. The last proviso to the paragraph after ma.ny conferences with immigra­ There being no objection, the report headed 'Bureau of Immigration' in title IV tion offi ~ ials and with others interested, of the act of February 27, 1925 (43 Stat. 1049;

EXISTING LAW-Continued PROPOSED LAW-Continued The amendment which I am now sub­ (ACT APPROVED AUGUST 7, 1946 ('60 STAT. 865; mitting is identical with the previous 8 U. S. C. 110)) (AMENDING TIU; ACT OF FEB• amendment except for the fact that the RUARY 27, 1925) words "or has reasonable grounds to Any employee of the Immigration and SEC. 2. The last proviso to the paragraph believe" are omitted. In this amend­ Naturalization Service authorized so to do headed "Bureau of Immigration" in title IV ment we have the single standard, that under regulations prescribed by the Com­ of the act of February 27, 1925 (43 Stat. 1049; it is a felony when an employer "knows missioner of Immigration and Naturaliza­ 8 U. S. C. 110), as amended by the act of that such alien is not lawfully within tion with the approval of the Attorney Gen­ August 7, 1946 (60 Stat. 865), is hereby fur­ eral, shall have power without warrant ( 1) ther amended so that clause numbered (2) the United States." • • • (2) to board and search for aliens shall read: Objection was made to the previous any vessel within the territorial waters of the "(2) within a reasonable distance from amendment on the ground that it in- · United States, railway car, aircraft, convey­ any external boundary of the .United States, eluded the phrase "or has reasonable ance. or vehicle, within a reasonable dis­ to board and search for aliens any vessel grounds to believe" that the alien ille­ tance from any external boundary of the within the territorial waters of the United gally entered. Some Senators seemed to United States; and. States and any railway car, aircraft, convey­ ance, or vehicle, and within a distance of 25 feel it would be unfair if the employer miles from any such external boundary to merely had reasonable grounds so to be­ have access to provide lands, but not dwell­ lieve, that he could be subjected to a ings, for the purpose of patroling the border penalty. This objection has been re­ to prevent the illegal entry of aliens into the moved by the omission of the phrase re­ United States, and." f erred to. I hope the objectors will not further denude the amendment of its Mr. LEHMAN. Mr. President, I and Mr. SEATON], the Senator from Iowa clothing. It is now down to the irreduc­ should like to ?-Sk the junior Senator [Mr. HICKENLOOPER]' the Senators from ible minimum, namely, employment with from Washington a question. As I Kansas [M.r. SCHOEPPEL and Mr. CARL­ knowledge that the laborer is an illegal heard his inquiry of his colleague, he SON], and the Senator from Wisconsin entrant; and I see no good reason why used the word "unintentional." Am I (Mr. WILEY] are absent on official busi­ the committee and the Senate should not correct in that? ness. accept the amendment. I hope very Mr. CAIN. The Senator is correct. The Senator from Illinois [Mr. DIRK­ much that it will. Mr. LEHMAN. I may say that that SEN] and the Senator from Ohio [Mr. The PRESIDENT pro tempore. The does not reflect the purpose of the TAFT] are necessarily absent. amendment offered by the Senator from amt.ndment under any circumstances. The Senator from Maine [Mr. BREW­ Illino's to the committee amendment will I might ask the Senator from Illinois to STER], the Senator from Pennsylvania be stated. read the amendment. [Mr. DUFF:i, and the Senator from Wis­ The CmEF CLERK. On page 5, after Mr. CAIN. Then I would ask the consin [Mr. McCARTHY] are detained on line 17, in the committee amendment, it same question I propounded, deleting the o1licial business. is proposed to insert: word "unintentional." On this vote the Senator from Wis­ Any person who shall employ any alien Mr. LEHMAN. If the Senator deletes consin rMr. McCARTHY] is paired with not duly admitted by an immigration officer the v.-ord "unintentional," it changes the the Senator from Maine [Mr. BREWSTER]. or not lawfully entitled to enter or to re­ entire purpose of the amendment. If present and voting, the Senator from side within the United States, under the Mr. DOUGLAS. Does the Senator Wisconsin would vote "yea," and the terms of this Act or any other law relating from Washington wish to know the Senator from Maine would vote "nay." to the immigration or expulsion of aliens, when such person knows that such alien is wording of the amendment? The result was announced-yeas 12, not lawfully within the United States, shall Mr. CAIN. I was asking my col­ nays G9, as follows: be guilty of a felony, and upon conviction league a question with reference to the Y.i.:.AS-12 thereof shall be punished by a fine of not amendment. If I have been misin­ exceeding $2,000, or by imprisonment for a cordon Johnston, S. C. Morse formed or am uninformed, I should be Douglas Lehman Murray term not exceeding 1 year, or both .. for ea{!h grateful for any explanation the Sena­ Flanders Monroney Neely alien in respect to whom any violation of this tor from Illinois wishes to make. Humphrey Moody Pastore section occurs. Mr. DOUGLAS. The amendment I NAY~9 Mr. CORDON. Mr. President, I ask offe.~:ed would impose. a liability on the Aiken Hendrickson McKellar for the yeas and nays. employer only when he "knows or has Anderson Hennings McMahon Mr. MAGNUSON. Mr. President, if reasonable grounds to believe that such Bennett Hill Millikin Bricker Hoey Mundt the Senator from Illinois wi11 yield, I be­ alien is not lawfully within the United Bridges Holland Nixon lieve that the question of acting know­ States." He must know or have reason­ Butler, Md. Hunt O'Conor ingly is provided for in the bill. able grounds to believe. Byrd Ives O'Mahoney Cain Jenner Robertson Mr. FERGUSON. Mr. President, will Mr. MAGNUSON. He must do some­ Capehart Johnson, Colo. Russell the Senator from Washington please thing else also; he must make reason­ Case Johnson, Tex. Saltonstall speak louder? able inquiry. Chavez Kem Smathers Clements Kilgore Smith, Maine Mr. MAGNUSON. I believe the bill Mr. DOUGLAS. No; that require­ Connally Knowland Smith, N. J. now includes a penalty if one knowingly ment has been eliminated in the amend­ Dworshak Langer Smith,N.C. Lodge Sparkman does these things, and the bill says that ment as later presente~. to aecord with Eastland mere employment is not to be construed the suggestion made b'y the senior Sen­ Ecton LOI.lg Stennis Ellender Magnuson Thye as knowing employment. That is the ator from Oregon. Ferguson Malone Tobey only difference. I see no objection to the The PRESIDENT pro tempore. The Frear Martin UnderwoOd amendment offereo by the Senator from question is on agreeing to the amend­ Fulbright Maybank Wa tkins George McCarran Welker Illinois, with that one exception, that ment as modified offered by the Senator Gillette McClellan Williams we do say that mere employment is not fr-Om Illinois [Mr. DOUGLAS]. Hayden McFarland Young to be construed as 'knowing employment. Mr. DOUGLAS and other Senators NOT VOTINQ-15 Mr. DOUGLAS. As I read the bill asked for the yeas and nays. Benton Duff McCarthy there is no specific inclusion of employ­ The yeas and nays were ordered, and Brewster Green Schoeppel ment. At page 4, in subsection 4 of the the Chief Clerk called the roll. Butler, Nebr. Hickenlooper Seaton Carlson Kefauver Taft bill, there is the specific exemption tbat Mr. JOHNSON of Texas. I announce Dirksen Kerr Wiley that the Senator from Connecticut [Mr. employment shall not be deemed to con­ BENTON], the Senator from Rhode Is­ So Mr. DouGLAs' modified amendment stitute harboring. land [Mr. GREEN], the Senator from to the committee amendment was re­ Mr. MAGNUSON. If the Senator will Tennessee [Mr. KEFAUVER], and the jected. read the bill he will see that subsection 4 Senator from Oklahoma [Mr. KERR] are Mr. DOUGLAS. Mr. President, I send of section 8 says: "Provided, however, absent on official business. to the desk another amendment which That for the purposes of this section"­ Mr. SALTONSTALL. I announce that I offer, and \lhich I should like to have that is, doing wilfully or knowing1y what the Senators from Nebraska [Mr. BUTLER the clerk read. is proscribed-" of wetbacks took boring. entrants in the United States, nothing place last year, that nevertheless we still Mr. MAGNUSON. The bill refers to is to be done about them? Am I to have a million or more wetbacks living knowingly and ·wilfully harboring. The understand, because an illegal act was in this country. The explanation, as was Senator from Illinois would eliminate committed, which apparently has be­ pointed out in the testimony, lies in the that proviso by his amendment. come the accepted practice in some lack of enforcement. Leaders of re­ Mr. DOUGLAS. No, I would not areas, that nothing is to be done about ligion, lawYers, and members of the Gov­ change that proviso in subsection (4) on it, but that the act is to be condoned? ernment have testified that unless the page 4; I woulC: merely add my amend­ If so, Mr. President, why do not we take wetback legislation is tightened up ment after line 17 on page 5 of the bill. down the immigration bars entirely? along the lines proposed by the Senator Mr. EASTLAND. Mr. President, will There are fine citizens of Germany who from Illinois, there is no solution to the the Sena~or from Illinois explain his would like to come to the United States. problem. There may be no real solu­ amendment? I do not understand it. There are fine citizens of the Scandina­ tion in any event, but at least we can Mr. DOUGLAS. The amendment vian countries who would like to come to tighten up the law. merely provides that if an employer the United States. We deport such The Senator from Illinois surely has knows that an alien whom he employs people every day. They are people of Crawn up a!l amendment which is as is an illegal entrant he shall be guilty the highest type. There is nothing to reasonable as it is humanly possible to of a felony? the argument that an illegal entrant draw such an amendment. The amend­ Mr. EASTLAND. Is that the amend­ who has been in the country for a con­ ment provides that a man who know­ ment? siderable period o:L time should for some ingly employs an illegal entrant will be Mr. DOUGLAS. Yes. reason or other be accepted. If that is subject to the penalty of the law. The Mr. EASTLAND. Mr. President, I to be the argument of the Senator from only people who could possibly want to cannot conceive of any amendment Mississippi, I would say that it is time get by without having that kind of which could be more unfair to the farmer a bill were introduced which would give amendment written into the law are or the Mexican involved than the these people citizenship status so that people who would knowingly employ il­ amendment proposed by the Senator they can remain in this country in honor legal entrants for the purpose of their from Illinois. Some farms of the agri­ and respectability. own special profit, gain, or exploitation. cultural industry of the Midwest, in­ Mr. EASTLAND. Mr. President, will There are plenty of illegal entrants cluding that of the Senator's own State the Senator yield? into the United States. The Government of Illinois, are founded to a considerable Mr. DOUGLAS. I believe I have the of Mexico is sick and tried of having the extent upon Mexican labor. Mexicans floor, Mr. President. Government of the United States suck who go to Illinois to work live in south Mr. EASTLAND. Mr. President, will in illegal entrants, exploiting them, and Texas. They go to Indiana, Michigan, the Senator from Illinois yield so that I then shipping them back of the process Ohio, and Illinois to harvest vegetables. may ask a question of the Senator from of deportation. Every month thousands Most of those Mexicans entere-d this Minnesota? upon thousands of Mexicans come across country illegally 30 or 40 years ago. Mr. DOUGLAS. Yes, certainly. the borders illegally. They do a few They have reared families in the United Mr. EASTLAND. Does the Senator weeks' work, and then the immigration States. I know one such family which from Minnesota realize that the men officials must send them back, as many has lost a son in Europe in the American involved, who came to this country from as five or six times a year. l'hat is what Army. The farmer knows that those Mexico 30 or 40 years ago, cannot be we call the wetback problem. Anything Mexicans came into the country illegal­ deported from the United States under that can be done to tighten up the law ly 30 or 40 years ago. They cannot be the laws of this country? ought to be done. That is what the Sen­ deported from the United States. If an Mr. HUMPHREY. I will accept the ator from Illinois is proposing to do. attempt were made to . deport such a Senator's statement for the purpose of Mr. DOUGLAS. Mr. President, I man he would be entitled to a stay of the argument. should like, in one sentence, to state deportation. The f:umer knows that Mr. EASTLAND. But that the what it is we are trying to accomplish. many of them are illegally in the coun­ amendment would deprive such men We are trying to eliminate the magnet try, because the worll"ers usually go to the of a chance to make a living and would by which large numbers of Mexicans are same farms year after year to do that doubtlessly put farmers in jail? drawn illegally across the border. That work for the farmers. Mr. HUMPHREY. Mr. President, I magnet which pulls them across the bor­ The amendment offered by the Sena­ merely say that I shall accept the Sen­ der is the employment which is now open tor from Illinois would make a farmer ator's statement for the purpose of the to wetbacks. in the Midwest and in the Northwest argument. The Senator from Missis­ The bill as reported to the Senate by who hired such Mexicans, who he knew sippi is a member of the Judiciary Com­ the committee does not deal with em­ came to this country illegally 20, 30, or mittee, which has jurisdiction over im­ ployment within the United States of 40 years ago, and some of whom have migration matters. I would say to him persons illegally entering this country. reared families in this country, guilty that · rather than allowing the poor In this amendment we are trying to of a felony. I say that nothing could souls to continue to live in our country reduce the volume of such illegal entries be more unfair to .the farmers, and noth­ under a cloud of illegality, if the situa­ by imposing penalties upon those who ing could be more unfair to the Mexi­ tion is as the Senator from ~ississippi knowingly employ illegal entrants. This cans, because it would eliminate such has pointed out, the time has come to should markedly reduce the number of laborers from the economic life of this introdµce a bill to blanket such people such persons who cross the border. That country. I submit that the amendment into American citizenship, so that they is our purpose-not to strike at the should be defeated. may enjoy the privileges of citizenship. farmers, not to penalize innocent per­ The PRESIDENT pro tempore. The However, Mr. President, I am not will­ sons, but to stop this flood of illegal yeas and nays hava been requested. Is ing to accept the argument on the basis immigration and restrict the importa­ the request sufficiently seconded? on which it is propounded. I say that tion of farm labor to the terms of the The yeas and nays were not ordered. in this Capitol Building today hearings law and our agreements with Mexico. Mr. HUMPHREY. Mr. President, will were held at which members of our Mr. LEHMAN. Mr. President, will the the Senator from Illinois yield for _a Government, distinguished leaders in Senator from IBinois yield to me? question? the field of religion, and distinguished Mr. DOUGLAS. I yield. Mr. DOUGLAS. I am happy to yield leaders in community action appeared Mr. LEHMAN. A moment ago the to the Senator from Minnesota. and gave the committee details of the Senator from Washington made the Mr. HUMPHREY. Mr. President, the problem that confronts us. I should point that the amendment is unneces­ argument of the Senator from Missis- like to have Senators answer the state- sary because of section 8. However, 1952 CONGRESSIONAL RECORD'- SENATE 813 section 8 provides for penalties or pun­ Mr. LEHMAN. Let me ask the Sen­ and there can be no question that a ishment in the event of the transporta­ ator from Washington whether it is a person must knowingly be in violation tion of such persons into the United fact that Senate bill 2550 and the of the law before he can stand convicted States by illegal means, the harboring or amendments in the nature of a substi­ of violating it. protection of such persons who illegally tute have not yet been acted on by the However, there seems to be some con­ enter the United States, namely, the Senate. cern that the bill might work an injus­ wetbacks; and that section provides for Mr. MAGNUSON. That is true. The tice in the case of persons who unlaw­ the fining or punishment of those who bill has been reported from the Judi­ fully entered the United States· many knowingly encourage or induce the im­ ciary Committee, however. Further­ years ago, but who by virtue of the lapse migration of wetbacks into the United more, the House committee held long of time cannot be deported from the States by illegal methods. However, in hearings on a similar bill, and is ready to United States. With reference to per­ that section no mention whatever is report it. For a very long time we have sons of that type, I suggest that they no made of employment. been hoping to have the Senate take up longer are unlawfully in the United As a matter of fact, the last part of the entire subject of illegal immigration, States. They may have entered unlaw­ subsection (4) of section 8 does not pro­ which the Senator from Minnesota has fully; but when the right to deport and hibit the employment of such a person, discussed; and I am sure Senate bill arrest and convict them lapses, there is because that subsection provides, in 2550 will be sufficiently strong to cover no law against their remaining in the part: that subject. United States, and any person who em­ Pr ovided, however, That for the purposes Again I say that I do not see much ob­ ploys them would' not be subject to the of t his section, employment (including the jection to the amendment submitted by prohibition or the penalty provided in usual and nGrmal practices incident to em­ the Senator from Illinois, because he the amendment. ployment) shall not be deemed to constitute would leave in the exception as to mere The PRESIDENT pro tempore. The harboring. employment. question is on agreeing to the modified In other words, the committee amend­ The PRESIDENT pro tempore. The amendment of the Senator from Illinois ment would destroy one of the provi­ question is on agreeing to the modified to the committee amendment. [Putting sions of section 8 without in any way amendment of the Senator from Illinois the question. J substituting a prohibition against know­ [Mr. DouGLAsJ to the committee amend­ The Chair is in doubt. ingly employing a person who has ille­ ment. Mr. KNOWLAND. Mr. President, I gally entered the United States. Mr. LONG. Mr. President, since there call for a division. Mr. DOUGLAS. That is correct. probably will not be a yea-and-nay vote Mr. EASTLAND. Mr. President, I sug. on the amendmellt of the Senator from gest the absence of a quorum. Mr. President, I am ready to yield the Illir.ois to the committee amendment, I The PRESIDENT pro tempore. The .floor. should like to say for the RECORD that I · clerk will call the roll. Mr. MAGNUSON. Mr. President, I shall vote for the Senator's amendment The Chief Clerk called the roll, and should like to make a short statement in its present form. The change which the following Senators answered to their at this time. Reference has been made has been made by the Senator from Illi­ names: to a statement which I made a moment nois is sufficient, so far as I am con­ Aiken Hendrickson McMahon a·go. What I said was that we are try­ cerned, when I consider the present ver­ Anderson Hennings Millikin ing to prevent illegal entry into the sion and the former version of the Bennett Hill Monroney United States and we are trying to take amendment, to justify me in voting for Brewster Hoey Moody Bricker Holland Morse care of violations by persons who know­ the amendment as it now has been modi- Bridges Humphrey Mundt ingly employ or harbor aliens whom they fied · B~tler, Md. Hunt Murray know to be illegally in the United States. Mr. NEELY. Mr. President, in the Byrd Ives Neely But we would provide that the mere act Cain Jenner Nixon faint hope of checking the epidemic of Capehart Johnson, Colo. O'Conor of employment itself shall not be consid­ mouth disease which again bas broken Case Johnson, Tex. O'Mahoney ered as knowingly harboring an alien out in the Senate, I ask unanimous con­ Chavez Johnston, S. C. Pastore who illegally has entered the United Clements Kem Robertson sent that subsequent debate on the pend­ Connally KiJgore Russell States. ing measure be limited to 10 minutes on Cordon Knowland Saltonstall If the Senator from Illinois and the each amendment and 3 hours on the bill. Douglas Langer Smathers Senator from New York will examine Dworshak Lehman Smith, Maine The PRESIDENT pro tempore. Is Eastland Lodge Smith, N. J. Senate bill, 2550, Calendar No. 1072, a there objection to the unanimous-con­ Ecton Long Smith, N. C. bill to revise the laws relating to immi­ sent request of the Senator from West Ellendc.r Magnuson Sparkman gration, naturalization, and nationality, Virginia? Ferguson Malone Stennis Flanders Martin Thye they will find that it is an omnibus immi­ Mr. McCLELLAN. Mr. President, re­ Frear Maybank Tobey gration bill which has been reported serving the right to object, let me say Fulbright McCarran Underwood from the Committee on the Judiciary. that I did not understand that the pro­ George McCarthy Watkins That bill covers all the evils which have Gillette McClellan Welker posal includes a provision in regard to Green McFarland WUllams been referred to by the Senator from the germaneness of amendments. In the Hayden McKellar Young Minnesota; and if the bill does not cover absence of such a provision, I shall be them, we hope to include in the bill compelled to object. I have no objection The PRESIDENT. pro tempore. A provision for covering them. personally; however, without the inclu­ quorum is present. The question is on So, I hope the Senator from Illinois sion of such a provision regarding ger­ agreeing to the second amendment of the will do in the case of that bill what he maneness, I certainly must object. Senator from Illinois [Mr. DouGLASJ. is trying to do in this case if he believes Mr. NEELY. Mr. President, the per­ [Putting the question.] The "noes" ap­ the omnibus bill is not so strong as he tinent amendment suggested by the able pear to have it. thinks it should be. Senator from Arkansas is cheerfully Mr. DOUGLAS. I request a division. I do not see much objection to the accepted. On a division, the amendment was re­ amendment of the Senator from Illi­ The PRESIDENT pro tempore. The jected. nois in connection with this minor mat­ question is on agreeing to the unani­ The PRESIDENT pro tempore. The ter, and I would be perfectly willing to mou~-consent request, as modified, of the question is on agreeing to the committee accept the amendment, so far as it is Senator from West Virginia. Is there amendment. within my power to do so. However, objection? . Without objection, it is so The amendment was agreed to. I point out that we have on the calendar ordered. The PRESIDENT pro tempore. The the omnibus bill to which I have re­ The question now is on agreeing to the bill is open to amendment. If there be ferred, namely, Senate bill 2550, and it mod1fied amendment of the Senator from no other amendment to be offered, the will take care of the matter. Further- Illinois to the committee amendment. question is on the engrossment and third -more, we have ready, in connection with Mr. CORDON. Mr. President, I am reading of the bill. that bill, some amendments in the na­ surprised at the opposition which has The bill was orc'lered to be engrossed ture of a substitute, and I am a cospon­ been evidenced to this amendment, after for a third reading, read the third time, sor of some of them. it has been cut down to a mere skeleton and passed. 814 CONGRESSIONAL RECORD- SENATE February 5 ADVICE TO MR. NEWBOLD MORRIS colleagues on both sides of the aisle. He committee upon learning it was a commu­ was awarded the Order of the Purple Heart nistic organization, will you give me the date Mr. FERGUSON. Mr. President, Mr. with two clusters. that the papers carried your denunciation Newbold Morris, new special assistant to It is even more startling that you have and renunciation of that front? the Attorney General, was appointed by never heard of Congressman POTTER by virtue 5. Were you or were you not a speaker at the President to look into the question of the fact that the Washington Sunday Star the model legislature of the American Youth of corruption in ·Government. After for January 13 of this year carried a large Conference? (Both Attorney General Biddle being named, Mr. CHARLES POTTER, a feature article on Congressman POTTER on and Attorney General Tom Clark cited the Representative from Michigan who has his being recognized as one of the 10 out­ American Youth Conference as being com­ been a meml.Jer of the House Un-Ameri­ standing young Americans in the Nation. He munistic and press releases to that effect was given this award by the Junior Cham­ appear in the press on December 4, 1947, and can Activities Committee, disclosed to the ber of Commerce, which is a most respon­ September 21, 1948.) public what the record of the Un-Ameri­ sible and respectable organization. Con­ 6. If you were a speaker at this meeting can Activities Committee showed. gressman POTTER was selected by a panel of and if upon learning that it was a commu­ Representative POTTER has rendered 12 great Americans, including such distin­ nistic organization you denounced and re­ yeoman service to his State and to the guished citizens as Hon. Frank Pace, Secre­ pudiated the American Youth Conference, Nation. He has given genuine service to tary of the Army; William Green, president will you please supply the dates when such the committee. He is a firm believer in of the American Federation of Labor; J. Ed­ statement of yours appeared in the press? the principles of the Constitution and in gar Hoover, Director of the Federal Bureau 7. The files of the Un-American Activities of Investigation; Dean Rusk, .(\ssistant Sec­ Committee also carried a photostat of a let­ the fundamentals of America. In giving retary of State, and other citizens of like terhead listing Newbold Morris, Jr. as a mem­ the public this information, he was ren­ standing and significance. ber of the lawyers committee for the Ameri­ dering a service. In effect, what he was Incidentally, I might offer the good-natured can League for Peace and Democracy; are doing was giving the public what the suggestion that your choice of the word you known as Mr. Newbold Morris, Jr., or does record shows. ~·asinine" in application to Congressman that name refer to some other member of The Senator from South Dakota [Mr. POTTER'S statement was an unfortunate choice your family? (I have no desire to attribute MUNDT] saw the printed remarks of Mr. of terms. That is the very word President a responsibility to you for the activities of Newbold Morris with reference to Repre­ Truman used in trying to laugh off the other members of your family, but you should original charges by Congress that the cor­ know that the American League for Peace sentative POTTER. Today the Senator ruption in the Federal Government which and Democracy was established in this coun­ from South Dakota wrote a letter to Mr. you have been appointed to investigate and try as ·a successor to the American League Newbold Morris, and I think it is worthy eliminate actually exists and that they are Against War and Fascism, and that Attorney of the attention not only of Members of anything more serious than just another General Tom Clark cited the American the Senate; but others who read the "red herring." League for Peace and Democracy as commu­ CONGRESSIONAL RECORD. I ask unani­ What most Americans are interested in, of nistic in a press release on June 1 and Sep­ mous consent that the letter be printed course, is not your opinion of Congressmaµ tember 21, 1948.) If Newbold Morris, Jr., is a in the RECORD, as part of my remarks. POTTER, whose reputation is well established correct designation of you, and you withdrew in American history and who never has had from the American League for Peace and De­ There being no objection, the letter his name linked with any communistic or mocracy upon learning it was a communistic was ordered to be printed in the RECORD, subversive movements in this country, but organization, will you please designate the as follows: whether or not his statement linking your dates when you repudiated that Communist Mr. NEWBOLD MORRIS, name with various commt:nistic organiza­ organization in the public press? Special Assistant to the Attorney General, tions is factual or erroneous. On that point I might add that the files of the Un-Amer­ The Justice Department, the public is certainly entitled to a frank ican Activities Committee carry a number Washington, D. C. and forthright answer, rather than simply cf other references indicating that either Mr. DEAR MR. MORRIS: I was greatly disturbed an ill-tempered attack upon the Congress­ Newbold Morris or Mr. Newbold Morris, Jr. this morning by newspaper stories appear­ man. have had additional associations with com­ ing in the morning. press reporting a state­ As one who served for miany years as a mun.istic and communistic-front organiza­ ment issued by Congressman CHARLES POT­ member of the Un-American Activities Com­ tions. It is not necessa"."y to list them all in TER, of Michigan, and your reply to the Con­ mittee of the House during the time I was this communication, however, as you. answ­ gressman's statements. a Member of the House, your curious answer ers to tJ:ie foregoing questions, if you will In addition to the fact that the suggestion to bis specific allegations sufficiently aroused make them clear and candid, should be suffi­ that the Special Assistant to the Attorney my curiosity so that I took the time today cient to satisfy the American public and General selected by Mr. McGrath to .investi­ to examine the files of the Committee To Members of Congress as to whether or not gate corruption in the Federal Government Investigate Un-American Activities. Frank­ the statements made in the press by Con-· may have been associated with several well­ ly, I was disappointed to dis.cover that, in gressman POTTER were actually asinine or known communistic fronts in this country, fact, the files of that committee disclose whether in reality they are statement:i of I am disturbed by the nature of your reply clear evidence indicating that your name has most alarming and disturbing significance. to the Potter statement and your failure to been associated with a number of commu­ I realize, of course, that over the past sev­ categorically deny the associations attrib­ nistic front organizations in this country eral years a numbe-· of innocent, although uted to you by Mr. POTTER. which the Department of Justice, which has not very astute or discerning Americans, Congressman POTTER is a friend of mine. now employed you, has listed as communistic. So that the record may be completely have been duped, flattered, or seduced into He is a distinguished Member of Congress clear, therefore, and so that no injustice joining Communist organizations without from the State of Michigan whose veracity can be done against either you or the Amer­ specifically sharing the Communist convic­ is well established, and any imputations ican public, I would appreciate it if you tions of such groups. However, most such from you that his reputation and veracity would answer specifically, the following gullible Americans who are sincere foes of are in doubt are grossly unwarranted. questions: communism have bu:n quick to publicly re­ I regret also that you permitted yourself 1. Were you or were you not a sponsor of puliate and denounce such organizations to indulge in the smear tactics of the Com­ the American Committee for Yugoslav Re­ once the Department of Justice has pub­ munists by implying that Congressman lief? (Attorney General Clark cited the lished the fact that they are Moscow-run POTTER is a man of no significance since you · American Committee for Yugoslav Relief as and Moscow-dominated. It is for that rea­ are quoted in the Washington Times-Herald communistic both on June 1 and on Sep­ son I have asked you to supply me with the of this morning as saying: tember l, 1948.) dates and occasions on which you have re­ "I never heard of Congressman POTTER. 2. If you were a member of the American nounced and denounced the Communist Although I have no knowledge of his repu­ Committee for Yugoslav Relief, and upon ca uses with which your name has been asso­ tation for veracity, his statement is too discovering that it was a communistic organ­ ciated-unless, as I sincerely hope, you can asinine· for reply. ization you withdrew from that organization, categorically advise me that such associa­ "I never have been a member of any Com­ did you do so publicly? If so, will you indi­ tions with Communist organizations have munist-front. organization-unless he is cate on what date the newspapers carried never actually occurred. referring to the American Society for Russian your renunciation and denunciation of that It is not my purpose to prejudice this con­ Relief." communistic organization? troversy, Mr. Morris. For that reason I have Really, Mr. Morris, that is a rather shock­ 3. Were you one of the signers of a state­ asked you questions which are clear-cut, ing statement since Congressman POTTER is ment issued by the Action Committee to definite, and fair. This affords you an op­ not only a decorated veteran of World War Free Spain Now? (The Action Committee to portunity to clarify the record publicly. I II, who lost both of bis legs while leading Free Spain Now was cited as communistic have 'examined the evidence in the files and the One Hundred and Ninth Battalion of the by Attorney General Clark in a letter to the am greatly disturbed by what I find. If it Twenty-eighth Infantry Division in an at­ Military Review Board which was released to ls in error you are entitled to make a definite tack near Colmar, France, but he also has the press April 27, 1949.) and specific denial and your replies to my established a reputation for himself in Con­ 4. If you were one of the signers of the questions afford that opportunity. gress as an honest, hard-hitting, patriotic statement issued by that communistic front, If the evidence is factual on the other American who is held in high esteem by and if you severed all participation with that hand, the American public has the right to 1952 CONGRESSIONAL RECORD -· SENATE 815 know the truth. Obviously, 1! the evidence answer the questions fairly and openly him not look at the red herring that 1s factual, the least it indicates ls a continu­ so that everyone ·may know what the is drawn across the trail which is no ing inability on your part to understand the operations of the Communist ap:::-aratus in answers are. larger than a sardine. this country and throughout the world and I certainly hope Mr. Morris will be able If Mr. Morris desires to perform his a sense of perception so dull that it is scarcely to ferret out the ramifications of corrup­ duty well he will not be misled, but will what is required to investigate, expose, and tion in the United States Government. watch for the porcupine quills and the correct the corruption in the Fecteral Gov­ I hope he has the skill and the ability sardines. If he will wait and watch for ernment, existence of which lead to your ap­ to do so. the big ones, America will be fortunate. pointment by Attorney General McGrath. Having had at one time in Wayne Mr. McFARLAND. Mr. President, I For the sake of the country, I sincerely County, Mich., the job of ferreting out merely wish to say a word about Mr. h ope you can categorically deny the charges corruption in the city and county gov­ m ade by Congressman POTTER and the rec­ Morris. I have never met him and I do ords carried in the files of the House Com­ ernments, I know something about the not know anything about him, but even mittee To Investigate pn-American Activi­ problems involved in such a task. I before he had an opportunity to take the ties. Certainly if you can make and support know the hours of work; I know how es­ oath of office accusations were being such a denial, the publicity given those rec­ sential it is not to rely upon those who made against him, and it was being ords by Congressman POTTER will do you no have had any connection with a particu­ stated that he was going to whitewash harm and will not impede the honest execu­ lar agency of the Government that is be­ something. tion of the great responsibility you have un­ ing investigated. I know that if the job No man should be smeared by mere dertaken. In that event, I shall be glad to is to be done successfully, it must be done see that your reply to this letter is given the charges just because he has accepted an same publicity as that accorded to the ex­ by outside help and the help of a few important position in our Government. change of statements between Congressman persons who may be in a department, The passions of politics are running high POITER and you in the morning press. but as to placing any reliance upon those in this election year, but it is the Ameri­ I am sure, Mr. Morris, that I need not tell who are under criticism, it is very diffi­ can way to give a man a fair chance. you that there is a strong operating link be­ cult to obtain evidence. Personally I do not know how capable tween communism and corruption in this Let me say, Mr. President, that a de­ Mr. Morris may be, but I am willing that country. It is clearly obvious that anyone partment of the Government is some­ he have a chance bef.Jre I attempt to who might have associated himself with com­ what like a porcupine. The minute munistic causes is in no position to do battle judge him and offer him a lot of advice. wit h corruption because of the intertwining someone says there is something wrong I presume that he is a capable man. Ac­ nature of t hese two forces which make com­ in the department, it throws out its quills cording to some of our leading newspa­ mon cause in an effort to sabotage confidence as a means of defei1se as the porcupine pers, Mr. Morris has had a great deal of in clean government and the capability of does when he is approached. That is experience. According to some of the honest representative government to serve something for which Mr. Morris will have reports, he is fear less. He should be the people. to watch. He says he is going into the given a chance to demonstrate what he Since I am one who believes that public Department of Justice and use the mem­ can do. Let us see what he accomplishes. business should be publicly arrived at, I am bers of that department as a means of STORAGE OF SURPLUS GRAIN releasing a copy of this letter upon dispatch­ arriving at whether there is corruption ing it to you and I hope you will follow a there. I can see the bristles of the por­ Mr. WILLIAMS. Mr. President, yes­ similar pattern when you write your reply to terday in a press conference, the Secre­ me, or in the absence of that, I hope you will cupine ready to defend that Department against any word or any evidence as to tary of Agriculture is quoted as again authorize me to publish whatever reply you blaming Congress for the fact that the make. corruption. • The elimination of corruption and com­ Mr. President, that is human nature. Department of Agriculture has been munism in our Government is one of the That is why in the investigation of utilizing Government property for grain major challenges of our time. It ls going to Wayne County we could not rely upon storage through third parties rather require the best collective etfort of us all. the prosecuting attorney to give us aid than leasing direct. He attributes this The Communists and all other elements who in ascertaining conditions because of extravagant policy to a provision in the would corrupt American officialdom are ren­ which the prosecuting attorney later Commodity Credit Charter Act of 1948 dering a most serious disservice to the cause went to jail. How could we have asked allegedly written by me. Thus he would of freedom everywhere. It requires a clear those who were loyal to him to ferret escape his own responsibility for the perspective and a definite ability to discrim­ shortages and corruption now being ex­ inate between right and wrong and between out the concealed corruption that was patriotic and unpatriotic in order to rid this in his office? Naturally, the porcupine posed by the Senate Committee on Ag­ government of the elements which have been would ' have bristled up and defended riculture and the General Accounting sabotaging democracy by their fanatical de­ that office, Office in connection with the storage of votion to communism or their greedy desire Mr. President, I was greatly surprised surplus grain. The fact is there was to use public position for private profit. that Mr. Morris, a lawyer who had nothing in that amendment which did It is for that reason and for that reason alone reached the age of 50 years, would think or could have handicapped him in his that 1 feel that the record should be clarified legitimate operations. completely and openly concerning the dis­ that he could bring into the open cor­ ruption in Government without the abil­ Mr. President, in order that there may turbing statements attributed to both you be no misunderstanding, I ask unani­ and Congressman Po'ITER in this morning's ity to swear witnesses and to punish them for contempt, or for perjury if they mous consent to have inserted at this newspaper. point in the RECORD, as a part of my re­ I hope that a prompt reply from you may did not speak the truth under oath. serve to provide this clarifying evidence. I hope he will take this job seriously marks, the debate in explanation of the Sincerely yours, and not be so naive as to think he can amendment to which Mr. Brannan re­ KARL E. MUNDT, solve the problem through those who are f erred as it appears in the CONGRES­ United States Senator. being accused of corruption. I wish him SIONAL RECORD, volume 94, part 4, page well, but I hope he will get a staff and 4756. .Mr. FERGUSON. I think the Sen­ There being no objection, the debate ator from South Dakota states the mat­ will not feel that he can write a report in a few months. It may take 6 months was ordered to be printed in the REC­ ter so well that I would merely be repeat­ ORD, as follows: ing if I tried to do the job of letting the or a year. I know the first 6 months of the work I had to do in Wayne Mr. WILLIAMS. On behalf of myself, the Members of the Senate know how the Senator from Georgia tMr. GEORGE], and the distinguished Senator from South Da­ County did not tell the complete story Senator from Nebraska [Mr. BUTLER] , I of­ kota felt about it. He had at one time at all. It only scratched the surface. fer an amendment, which I send to the desk been a member of the Un-American Ac­ Mr. President, if I might give him and ask to have stated. tivities Committee of the House, and some advice, it would be to watch that The PRESIDING OFFICER. The amendment therefore knew about some of the facts the small fry are not delivered to him will be stated. in this particular case. He asked some on a silver platter in order that the large The CH1EF CLERK. On page 10, line 13, very pertinent questions in his letter, and ones may escape, because many a red after the words "fee basis," it is proposed to insert the worc:I$ "privately owned and requested Mr. Morris to give answers to herring will be pulled across the trail, operated plants and facllities." the public. As Mr. Morris is now a pub­ and it will be no larger than a sardine. On page 10, line 15, it is proposed to strike lic servant in the employ of the Attorney Let us hope he will look for the big out all after the word "and" and insert in General of the United States, the De­ ones. the .sailfish, the ones which will lieu thereof "shall to the fullest extent prac­ partment of Justice, I think he should break the line if it is not held tight; let ticable utilize existing trade channels for 816 CONGRESSIONAL RECORD- SENATE February 5 the marketing, sale, and distribution of such lative debate. It was adopted without erties controlled by the General Services agricultural commodities." opposition. Rather I believe it was the Administration have been leased direct? Mr. WILLIAMS. Mr. President, I have pro­ case that the Secretary did not wish the All four of those plants have been posed this amendment to the bill (S. 1322), law to operate successfully. }f;ased in the year 1949 by the Commod­ providing a Federal charter for the COm­ ity Credit Corporation directly from the modi ty Credit Corporation. Under section I did ask the Secretary, even assum­ 12 "of the bill as reported by the Cammi ttee ing he was correct about the law which controlling agencies. This proves that, emphasis is put only upon committees, as­ the Eightieth Congress passed, how he even though he might argue about my sociations of producers, and producer-owned could explain the fact that even since its amendment restricting his operations, and producer-controlled cooperative associa­ 1949, now that it is repealed he does have tions in the u tilization of facilities to con­ repeal on June 7, we still find him blaming the Eightieth Congress but still the authority to lease properties of the duct the business of the Corporation. I have Government direct and to utilize those prepared an amendment, which would not fallowing the same procedure as before. detract in any manner from the language services without p!lying extravagant fees the provision was repealed. Even he to third parties. now used in section 12, providing for the now admits that under the existing law utilization of these facilities. I have, how­ I ask unanimous consent that the rec• ever, added additional language which would there is nothing to prohibit him from ord of these four plants which the Sec• spell out in greater detail and with more leasing these Government facilities di­ retary has leased may be inserted in the emphasis that the Corporation shall, wher­ rect from the Government agency to the RECORD. ever feasible, u tilize t he facilities of private Commodity Credit Corporation. Should There being no objection, the docu­ enterprise. to Those who believe in the free enterprise he deny this, how can he ac.count for the ment referred was ordered to be print­ system will, I am certain, join with me in the fact that at least four Government prop- ed in the RECORD, as follows: adoption of this amendment. I understand that the Senator from Ver­ Date of lease, Maximum mont is willing to accept this amendment. Original name of defen!'e plant, number, quantity and location Controlling agency permit·, or Commodity stored Mr. AIKEN. Yes, the amendment is in line right of entry (CCC) with the method now being used by the Com­ modity Credit Corporation. The Corpora­ tion seems to be operating as satisfactorily rept. 23, 1949 Oct. 14, 1949 \corn ______now as it has at any time in its existence, 1. Green River Ordnance Plant, Dixon, Ill __ GSA_------_____ ov. 16, 1949 I 600, 000 and I have no objection to the amendment. _____ do ______------___ May l, 1950 _____ do ______Mr. GEORGE. Mr. President, I merely wish Hemp Mill (Plancor (1531-35)) New Rich- Sept. 1, 1949 1 123, 119. 49 to say that t he two amendments to be offered land, Minn. Oklahoma Ordnance Works, Pryor, Okla_ Federal Works Agency July l, Wh""'------· by the Senator from Delaware are in line (PBA). 19491 ------with the present practice of the Commodity Badger Ordnance Works, Merrimac, Wis_ U . S. Army ______June 30, 1951 Linseed oiL ___ 2 11, 000, 000 Credit Corporation. Generally and consist­ ently the Commodity Credit Corporation has 1 Bushels. followed the practices called for by the two 2 Pounds. amendments. But since the proposal now is the granting of a Federal chart er over a Mr. WILLIAMS. All of these above All but two of these leases were nego­ period of years, the Corporation will be op­ properties are owned by the Government tiated since my amendment was re­ erating with rather extended and extensive and are now being used by the Com­ pealed. There may be numerous other powers, and it was deemed advisable that it be made abundantly dear in the act itself modity Credit Corporation direct, which cases which have not come to my atten­ granting the charter, or chartering the Cor­ is as it should be, but unfortunately this tion, but these will certainly prove the poration, that the present practices were is an exception rather than the rule even point. Secretary Brannan just cannot to be adhered to with respect to its com­ under the existing law. Notwithstand­ justify his not h1ving leased these 27 modity transactions. ing the fact that the amendment has properties direct from the Government I am pleased to cooperate with the Sena­ been repealed Secretary Brannan is still agency concerned. tor from Delaware. Both of us seem to have paying huge sums to private interests The fact that he did lease the first four drawn amendments in substantially, though who in turn are leasing him Government properties mentioned demonstrates he not identically, the same language. properties for storage. That is inex­ recognizes his authority. In the face of Mr. WILLIAMS. Mr. Presici.ent, I cusable waste of the taxpayers' money. this record and the recent disclosures of telephoned the Secretary of Agriculture The Secretary pointed out that all corruption in his Department, it is no this morning and asked him to which these leases were negotiated since the wonder that Secretary Brannan con­ section of the law he referred; and I Eighty-first Congress had amended the tinues to blame my amendment and the was advised that it was section 4 (h) law-repealing my amendment. He Eightieth Congress, completely ignoring of the bill which became law on June claimed the leases which were being the fact · that the law passed by the criticized were leases that had been ne­ Eightieth Congress has beerJ. repealed 8, 1948. He claimed that this amend­ gotiated during the Eightieth Congress. nearly 3 years. ment had handicapped him in his op­ That is not true as the fallowing facts I ask ·unanimous consent that the rec­ erations until it was repealed by Public will demonstrate. I shall now place in ords of these 29 Government plants be Law 85, June 7, 1949, about 1 year later. the record a list of 29 different properties inserted in the RECORD at this point. . I disagree with him completely that owned by the Government which were There being no objection, the docu­ this provision handicapped his opera­ leased to third parties anq then leased ments referred to were ordered to be tions, as can be shown from the legis- back to the Department of Agriculture. printed in the RECORD, as follows: Former defense facilities which were controlled by United States at time of utilization for storage of CCC commodities-Lease to third parties

Date of origi­ Operator Original name of defense plant, nal lease Maximum quantity number, and location Controlling agency with United Commodity stored (CCC) States

GSA control No R Calif 78 June 15, 1949 {Wheat ______21 ,895.20 bushels. Albee Warehouse Co., Riverbank. Plancor No. 226A4 (Alcon Reduc­ · - · ------Corn ______513,942.0 bushels. Calif. tion Plant, Riverbank, Calif.) Barley ______25 ,121.94 bushels. Maco Warehouse Co., Stockton, CallL Stockton Subdepot, Benicia Arse· U. S. Army-D/A lease No. (S) Jun. 21, 1950 B eans------~-- 238,891.29 hundredweight. nal, Borden Highway, port of 04-203-iing. 211. Stockton, Calif. Mountain States Bean Co., Denver, Rocky Mountain Arsenal, Den­ Inactive industrial reserve war Sept. 12, 1947 _____ do______193,849 hundredweight. Colo. ver, Colo. plant, Army engineers. Michigan Processed Food, Illiopolis, Sangamon Ordnance Plant, Illi­ GSA ___ ------(1) Corn______296,333 bushels. Ill. (Mason County Seed Co., De­ opolis, Ill. catur, lll., lessee). Mansfield-Ferd Grain Co, Illtopolis, __ ___ do ______------______do ______-----__ -----_----__ (t) _____ do______168,443 bushels. Ill. (Mason County Seed Co., De- catur, Ill., lessee). • Distillers International Trading Cast Armor Plant, American _____ do_·------May 16, 1950 Dried milk______3,924,000 pounds. Corp, East Chicago, Ind. Steel Foundry, Ordnance De- partment of Army, East Chi- cago, Ind. 1 Not readily available in Washington, D. C. J952 CONGRESSIONAL RECORD- SENATE 817.

Former defense facilities which were controlled by United States at time of utilization for storage of CCC commodities-Lease to third parties-Continued

Date of origi· Original name of defense plant, nal lease Commodity Maximum quantity Operator number, and location Controlling agency with United stored (CCC) States

1,073, 75 bushels. Lloyd Morrison, Salina, Kans______Sunflower Ordnance Plant, De­ Inactive industrial reserve war Oct. 31, 1949 g~~: _s_~r-~~~~~~== 305,554 bushels. Soto, Kans. plant, Army engineers. {Wheat ______10,382 bushels. Hutchinson Merchandise & Ware­ U.S. avy Air Base, Hutchinson, U. S. ravy, Great L akes, Chi- {Oct. 10, 1949 }corn______house, Hutchinson, K ans. (Mid­ Kans. cago, Ill. (District P. W . Office, Dec. 22, 1949 803,193 bushels. Continent Industries, lessee). ___ __do ______9th do ___rava______l District). ·JulyJan. 21,25, 19491950 Wheat______Industrial Storage Co. (Harry Stir­ 625,335 bushels. face & Co.), Kansas City, Mo. Wheat______399,316 bushels. Emergency Grain Storage, Inc. (P-'l' Victoria Auxiliary AAF, Wichita, A1:1I!-y engineers (inactive au :·iliary }June 22 1949 .Air Service, Inc.), Salina, Kans. Kans. A1r Force base). . ' {Barley______229,213 bushels. P otato starch _____ Clark Terminals of Boston, Inc., Boston Tidewater Terminals, 666 U.S. Maritime Commission ______Sept. 25, 1947 {Dried milk______!8,213,483 pounds. Boston, Ma5s., to September 1, Sumner St., Boston, Mass. 2,958,248 pounds. 1950. Boston Tidewater Terminal, Inc., _____ dO------_____ do______Sept. 1, 1950 --... -... ------... ------Boston, Mass., after September 1, 1950. D · d ilk {11 ,014,329 pounds. Twin C ities Arsenal, U . S. High- ov. 14, 19~7 ne m ------3,420,133 pounds. T erminal District Co., U.S. H ighway U . S. ArmY------{Beans______199,191 pounds. No. 10, Gate 4, New Brighton, way No. 10, ew Brighton, Minn. Minn. Beans______70,546 hundredweight. Fairfax Storage Co. (W!Jstingbouse Pratt-Whitney Plant, Kansas U.S. NavY------Nov. 24, 1948 {A. W . peas______12,032 hundredweight. Corp., lessee) , Kansas City, Mo. 0 5 Industrial Warehouse Corp., Inc., L ~i!ycit; ordnance Plant, Lake Inactive industrial reserve war Feb. 2, i950 ~~)~~ :HL======~~8gg~3~ p~~~~ · K ansas City, Mo. Ci ty, Mo. plant, Army engineers. V. M . Harris Grain Co., Scott City, Wheat ______919,523 bushels. C 0 d N Osho Mo GSA Jun 29 1949 Mo. }camp r w er, e • ------e • {Grain sorghums ___ 2,116,079 bushels. Midwest Storage & R ealty Co., Inc., ____ _do ______do______Sept. 15, 1949 Corn______2,041,803 bushels. Kansas City, Mo. B. & G. ~arehouse Co., Omaha }Cornhuskers Ordnance. Plant, Inactive industrial reserve war } {Corn______1,628,807 bushels. plant, Army engineers. June 23, 1947 \Ybeat______844,347 bushels. ~~~rili~a:::r\v~r~~~se\;;j~ · to Coplant, ebr. Beans______730,520 hundredweight. Wagner Mills, Inc., Schuyler, Nebr ___ Nebraska Ordnance P :ant, Wahoo, Inact:ve industrial war plant, Oct. 4, 1949 Corn______571,514 bushels. ebr. Army engineers. U. S. Air Force (Army engineers)_ Apr. 21, 1950 {Dried beans ______316 cars. National Terminals Corp., Cleveland, Schlegel Air Force P lant, 1200 Dried milk______216,000 pounds. Ohio (Brookpark Warehouse). W est 9th St., Cleveland., Ohio (Cleveland Tank Plant). A. W. Peas ______17,130 hundredweight. Monmouth Cooperate Association, Camp Adair, Wellsdale, Benton U . S. Army- available by license N ov. 30' 1948 {V etc h·----~------10,813 hundredweight. Monmouth, Oreg. County, Oreg. to State of Oregon for ational Guard training purposes. With approval of Oregon National Guard, lease was entered into. Modern Freezing & Storage Co., _____ do ______-----_____ -- __ ---______. do ___ --______- __ -- ______Apr. 26, 1950 Seeds ______(A seed storage agreement Corvallis, Oreg. was executed, but no commodities, either un­ der loan or owned by CCC were ever delivered WooL ______for storage.) P hiladelphia Wool Scouring & Car­ H epponstall-Eddystone Corp., WAA (N-Pa-126) GSA ______June 15, 1949 (See remarks below) .2 bonizing Co., Philadelphia, Pa. Eddystone, Pa. N ational Warehouse Co., Fort Worth, Bryan Air Force Base, Bryan, U.S. Air Force (Army engineers)_ June 9, 1950 Grain sorghums___ 9,094,067 pounds. T ex. Tex. Stevenson & Young, rorfolk, Va ______orfolk Terminals (Army base), U.S. Maritime Commission ______Mar. 31, 1947 Tobacco (under 65,000,000 pounds. Norfolk, Va. loan). Portage Warehouse Co., Merrimac, Badger Ordnance Works, M erri· GSA (control No. W-Wis.-lA) ____ Mar. 17, 1950 Wis. m ac, Wis. !Dried m.ilk ______27,162,160 pounds. Do------____ _dO------U.S. Army ______Nov. 17, 1949 Do------_____ do _____ ------___ __ do.______May 1, 1950 Linseed oil ______DO------_____ do _____ ------______do.------__ July 13, 1950 14,672,260 pounds.

2 Records maintained by various wool handlers in Philadelphia who were under contrnct to CCC. Storage rates werP. specified in agreements between CCC and wool handlers. CCC received permit from GSA Sept. 15, 1950, for use oi facilitie3 for storage of CCC wool still in st:ire here, which was subsequently sold and removed. Operator absorbed all operating and other expenses during this period. Mr. WILLIAMS. I repeat there is ab­ the taxpayers' expense, his agency was · Schedule of sales of steel and wooden solutely nothing in the law today nor was declaring surplus and selling new grain bins-Continued there anything in the law at the time he· bins which had never been dismantled. WOODEN BINS leased those Government plants which Mr. President, I ask unanimous con­ umber Capacity would have prohib~ted the Department sent to have printed in the RECORD a list P eriod sold sold sold of Agriculture from leasing them directly of sales of zrain bins sold by the Depart­ from the particular Government agency ment of Agriculture during the period From purchase dates to July from 1946 through 1948. 1, 1943______39, 789 78, 957, 301 which owned them. July 1, 1943-44______8, 541 17, 0&"2, 000 Two of these Government properties, There being no objection, the list was July 1, 1944-45______8, 440 16, 880, ()()() namely, the Camp Crowder, Mo., facil­ ordered to be printed in the RECORD, as July 1, 1945-46______1 , 424 36, ~8 . ooo July 1, 1946-47 ------3, 028 6, 056, 000 ities are the properties leased to the Mid follows: July 1, 1947-48 ___ "______209 418, 000 ~~~- 1 -~~~~- West Realty Co. and the V. M. Harris Schedule of sales of steel and wooden bins Totat______78, 431 156, 241, 301 Grain Co., both of which leases I have STEEL BINS On hand July 1, 1948______6 18, 000 previously criticized. Number Capacity NOTE.-The 6 wooden bins arc still on hand and are These are among the leases now being P eriod sold sold sold being used for experimental projects. investigated by the Senate Committee Mr. WILLIAMS. Mr. President, this on Agriculture, along with their investi­ From purchase dates to July report shows that the Department of gation of the $7,000,000 shortage. 1, 1946. ______27, 594 57, 947, 400 July 1, 1946-July 1, 1947 ______9, 443 19, 830, 300 Agriculture had declared surplus and i: remind Secretary Brannan that a July 1, 1947-May 31, 1948-_ ___ _ 5, 150 10, 925, 700" sold grain bins representing a capacity large part of his shortage of adequate May 31-July 31, 1948 ______1, 224 2, 581,000 July 31-September 30, 194 ___ _ 932 1, 957, 200 of 251,000,000 bushels during that 2- storage capacity is directly due to his September 30-November 30, year period. They were being sold dur­ own stupid policy of declaring as sur­ 1948_ ------719 1, 509, 900 ing the period before and after the plus and selling grain bins which were November 30-December 31, 1948_------~ ------283 594, 300 Eightieth Congress amended the Storage needed at the time they were sold. Agreement Act of 1948. Total_------45, 345 95, 345,800 The fact remains that during the same On hand December 31, 1948 __ _ 17, 584 41, 064, 200 In 1948, during the election year, he period he was out making speeches at was bewailing the shortage of grain XCVIII-52 818 CONGRESSIONAL RECORD - SENATE February 5 storage. He said that what was ur­ ington officials, after relating these charges, Henderson. He also claimed the CCC had gently needed was 150,000,000 bushels of fired both, but preferred no charges, saying valued the grain about 25 to 30 percent capacity to pull the farmers out of their the Agriculture Department had needed the higher than its actual worth. storage space and lost nothing on the deal, troubles. In other wotds, he needed THE SHANNON CASE 150,000,000 bushels of grain storage DOUBLETAKE AND VANISHING ACT In Sudan, Tex., a small town in the ad­ capacity, which was 100,000,000 less than Elaboration No. 2 involves the doubletake­ joining west Texas county, folks are talking he had actually sold as surplus a few leasing storage space to the Government in of a similar case. Last month the Govern­ months before, and he was still selling buildings one has leased from the Govern­ ment charged O. L. Shannon, of SUdan, in a ment. Members of the Senate Agriculture civil action with disposing of almost $1,000,- such facilities at the same time he was Committee have been talking loudly in recent 000 worth of CCC grain. His receiver, Thurs­ speaking to the American farmers. days about an alleged example of this, which ton Bower, classes Mr. Shannon as a dreamer This is the same Secretary of Agricul­ ma:\ get a public airing next year. with visions of big-time operations. ture. who, during the time he has held Senator WILLIA.Ms (Republican), of Dela­ Mr. Shannon has been a CCC client for office, sold out the .mineral rights of the ware, claims five men set up the Midwest moie than 3 years. He got three contracts American farmers which had previously Storage & Realty Co. of Kansas City in Sep­ to store United States commodities, one been reserved to the Government. Con­ tember 1949, and leased more than a hundred dated September 1, 1948, another June 1, surplus buildings at Camp Crowder, Mo., for 1949, and a third June l, 1950. Somewhere gress had intended that some of . the less than $1,000 a month. Then, he says, along the line, the Government says, 30,791.- mineral rights should be held for the they turned around and got $382,201 from 572 pounds of yellow milo and 3'1,772 bushels interest of the American taxpayers as a the CCC for 20 months' use of the storage of hard winter wheat owned by the OCC whole. When the farms were sold, space. disappeared. Claimed total value: $978,- those rights were reserved, but instead Elaboration No. 3 involves the vanishing 364.18. of being held, they were later sold, in act-accepting crops for storage and accept­ In his answer, Mr. Shannon admitted a some instances to employees of the De­ ing storage fees, but not continuously storing shortage but denied it was so large. He partment of Agriculture or the Federal the stuff. asked that the Government set out each date land bank. · If a warehouse operator sells the CCC crop on which a shortage occurred. instead of hoarding it, be knows that one When the Government went to court on The farmers who owned the surface day - - h~ agency will call for delivery and then November 6 to petiti ~ n for a receivership, it were never given a chance to bid or buy he will Lave to hustle out and get enough listed Shannon assets valued at $450,000, these mineral rights under their farms. of the commodity to make good on bis con­ with liens of $167,200. These included: They were sold down the river by an tract. But meanwhile he has been paid for A nine-bin concrete elevator of 90,000- agency of the Government which was storage duties not performed. And perhaps busbel capacity. established solely to protect the Ameri­ in some instances, be has been able, without A compress and cotton warehouse and two can farmers. investment, to speculate in the futures mar­ metal and wood buildings on 167 acres of Mr. President, I ask unanimous con­ ket-he may be able to buy cheaper than he land. sold. Also, for a time, he bas had working A shop building. sent to have printed in the RECORD a capital for other ventures. Six warehouses built of sheet iron. series of articles in reference to the re­ Of course, though the price-proppers have Eleven houses and lots in Sudan. cent administration of the agricultUTal few poi.icemen, there is some risk of getting Seven lots with some improvements. program. The first is from the Wall caught, and it is tbe court records concerning Thirty-three vacant lots. Street Journal of December 27, 1951, and what the Government claims are unsuccess­ Three acres of land in Sudan. is entitled "Some Keepers Turn Huge ful £1.ttempts of this kind that must serve as Four trucks. our instruction. One 1951 Ford sedan, one 1951 Kaiser CCC Heards to Their Own Use." sedan. There being no objection, the article Last Friday the CCC filed a suit in the Federal District Court for Northern Texas, Machinery, not yet installed, for a new was ordered to be printed in the RECORD, Amarillo division, for appointment of a re­ feed mill under construction. as follows: ceiver against C. M. Henderson of Farwell, The Government's complaint says "prac­ GRAIN GAMBOL-SOME KEEPERS TURN HUGE Tex. It alleged that $1,056,119 worth of its tically all of the property" described, except CCC HOARDS TO THEIR OWN USE-ELUUNE wheat and grain sorghums, stored in Mr. the original elevator, was bought by Mr. THE DoUBLE TAKE, MAGNETISM, VANISHING Henderson's elevators, had turned up missing. Shannon after the sale of the CCC grain. ACT SYSTEMS OF PROFIT-THE LAW I3 Mr. Henderson, who is mayor of Farwell His operation was bonded for about $47,000 HAVING A LOOK and also president of the Farwell Chamber by the St. Paul-Mercury Indemnity Co., of St. Paul, Minn. The manager of this firm's If one wishes to make money in dealings of Commerce, agreed in his formal reply to with the Commodity Credit Corporation, the complaint to put bis business in Federal grain storage bond department, E. C. swan­ how does one go about it? receivership, pending settlement of the CCC -son, says that as far back as 6 months ago 1t took a dislike to the Shannon operation Since thi::; price-support agency now has claim. over $2,000,000,000 invested in holding farm In its suit the CCC listed about $590,000 and tried to get out of it. Mr. Swanson commodities off the market, the simplest worth of assets for Mr. Henderson. It claimed declares he can't understand how the short­ recipe is to obtain a warehouse and just let a large portion of tbe property included age went on so long without the CCC or PMA agents knowing of it. the Government know your facilities are was bou.gbt by Mr. Henderson with proceeds available to store its goads, at a fee. of the sale of CCC-owned grain. THE SPELLMAN CASE At latest count the COC owned, among ELEVAT-ORS, TRUCKS, LOTS One of the largest shortage cases in the myriad other things 404,000,000 bushels of Midwest involves nearly ~oo.ooo in grain and corn, 136,000,000 pounds of peanuts, 213,000,- Among the assets, it listed: the Spellman Feed & Grain Co., of Rochelle, 000 pounds of linseed oil, 364,000,000 pounds The main Henderson elevator facilities at Ill., controlled by Francis Spellman, Jr., who, of field seed. The typical charge for storing Farwell. in his early thirties, is a comparative new­ a bushel of CCC wheat for 1 year, for in­ About 15 acres of ground, including two comer to the warehousing business. · stance, may run around 10%. cents, so it all elevators, one Quonset storage structure and Mr. Spellman entered into his CCC agree­ adds up. And unquestionably the great bu.llt two flat-top storage elevators. ment in 19-±9, and the Government con­ of transactions are on just that simple basis. Plant and equipment in the warehouses. tends it shipped him. 163,305 bushels, prin­ Elevator machinery. this SOME VARIATIONS cipally corn. Not until summer, when Automobiles and trucks. it issued a loading order, did it discover Several variations of this basic business A long list of real property, including the shortage. Pressed by the Agriculture relationship ·have been worked out, however, about 60 lots in Farwell, plus various lots Department, Mr. Spellman petitioned for by imaginative people. and buildings in the neighboring town of bankruptcy of Spellman Feed & Grain Co., Elaboration No. 1 involves magnetism­ Texico, N. Mex. listing liabilities greater than assets, but special arrangements to attract CCC goods Stock in the Moore County Grain Co. of continued to do business in a trucking con­ to the warehou::;e. A classic example of this, Dumas, Tex. cern partnership maintained with a brother, assertedly, was the Rowlands-Cravens case, Stock (one-fifth interest) in the Garden James. The Government sought a consoli­ which got much publicity last summer. Grain & Seed Co. of Garden City, Kans. dation of the corporation and the partner­ E. M. Rowlands, manager of the Minne­ Accounts receivable, seed stock and other ship in bankruptcy, arguing t""" two had apolis office of the Reconstruction Finance inventory. joint bank accounts, and this was granted Corporation formed a warehouse firm on the A phone call to Mr. Henderson from the by a Federal court in Chicago. side and used it to store CCC dried milk Wall street Journal Dallas regional news Photographs were obtained by the United so etrectively he was able to draw down bureau brought the statement that in his States attorney's office in Chicago indicating $36,356 in dividends between January and formal reply to the complaint, still to be that false flooring had been constructed in November 1950. Guy W. Cravens, adminis­ filed, he will admit a shortage of grain exists. the Spellman elevator so that, covered with trative assistant in the Minneapolis office of He said a lot of the shortage was created by a little grain, it would appear that the bins CCC's sister agency, the Production and Mar­ grain shrinka.ge and spoilage. "A lot of were filled. On July 21 a criminal complaint keting Administration, was accused of help­ those things (shortages) could be prevented was filed against Francis Spellman, charg­ ing him, and of accepting a Buick, coats, if the CCC had. a big enough field f"Orce to ing conversion or United States grain to and a TV set at discount prices. Top Wash- inspect stored grain properly," said Mr. his own benefit and false statements to the 1952 CONGRESSIONAL RECORD - SENATE 819 CCC about the grain. He was released on ment had asked the United States attorney House Appropriations Committee, .quoting $2,000 bond and though nearly half a !ear in Virginia to present evidence to a grand testimony by Secretary of Agriculture has passed no grand jury has as yet decided jury involving Jack Cowart, fired last Au­ Charles F. Brannan. whether or not to carry this case to the stage gust as assistant to Gus Geissler, CCC Presi· "The subcommittee was astonished to learn of a formal indictment. dent. that Benit has been reemployed by the Office of Price Stabilization," the com­ THE WILLIAMS CASE The Hunter statement said department invest igators found that a Texas grain bin mittee report said. A leading citizen of Ashburn, in southern manufacturer had paid Ciowart's secretary "There seems to be no justification for any Georgia, 1s under both civil and criminal $1,374.40 to settle a claim involving freight such action by the Civil Service Commission charges for an alleged shortage of corn. rates on portable grain bins shipped under and the hiring agency. Further investiga­ H. G. Williams, owner of a storage firm Government contracts. tion of the Federal personnel procedures bearing his name, sirned a pact with the CCC According to Hunter's report, the money which would petmit this to happen appears in November 1949 agreeing to store corn for was turned over to Cowart, but the latter to be warranted." farmers who placed their product undc r loan said it was in payment of a personal debt. Brannan testified that after an investiga­ with the agency. Farmers under the ar­ SENATORS TO INVESTIGATE tion of his activities within the Agriculture rangement, delivered 45,396 bushels of corn Department, Benit submitted his resigna­ · to the Williams storehouse and received In addition to the House probe, the Senate tion, which was accepted "with prejudice." negotiable warehouse receipts. These cer­ Agricultur·e Committee has been granted The Secretary testified that "although our tificates were then taken by the farmers to $50,000 to go over much of the same ground. records were made known to his new em­ banks and other lending agencies and dis­ These are in addition to inquiries by the ployer," Benit was given a job at a salary of counted for cash-this being the usual sys­ Department itself and the General Account­ $4,575 with "another agency," which he iden­ tem whereby farmurs place their crops under ing Office. tified, under questioning, as the OPS. price-support loan. The department stepped up its investi­ However, Max Hall, Information Director Between December 7, 1949, and June 27, gative efforts a year ago when it became at OPS, last night declared that when OPS 1950, the CCC bought all the notes held by evident that more and more. private ware­ hired Benit last May it had "no inkling" that the lending agencies. According to court housemen an1 elevator operators were un­ he had been involved in the bribery allega­ papers, the Agriculture Department's inspec­ able to deliver CCC commodities on demand. tions. Hall said Benit was "cleared on his tors came around in June of last year to look Thirteen ca~es have been brought to court, references" and given employment. Later, at the grain and found it deteriorating. · So involving shortages of nearly $4,000,000. he said, civil service made a check of Benit's during August and September 1950 they or­ About 20 more cases are under investigation record, and, upon being advised of the facts, dered it sold. Mr. Williams, however, the and Secretary of Agriculture Charles F. the OPS dismissed Benit about the 1st of Government now claims, delivered only 17,- Brannan calculates the final settlements will last September. 222 bushels. cut the losses to less than $1,000,000. Approximately a year elapsed before any However, Comptroller General Lindsay War­ Mr. WILLIAMS. The next article is legal action was taken, though. The suits entitled "Deals Behind Cowart Ouster were filed on August 21 and September 8, ren, in a recent report to the Senate com­ mittee, charged that department officials had Revealed by Brannan at Quiz," published 1951. The United States now seeks about $54,000 to be "almost forced" to take corrective in the Washington Post· of February 5, for the 28,173 bushels of corn it declares are action. B1·annan flatly denied the Warren 1952. ·missing, and about $13,000 for deterioration accusation. There being no objection, the article in the grain actually deliverec;l. The criminal The House subcommittee, meanwhile, said was ordered to be printed in the RECORD, charge clailll'S conversion of just 650 bushels the department incurred millions of dollars as follows: of unnecessary expense because it interpreted of this corn. DEALS BEHIND COWART OUSTER REVEALED BY THE TANNER CASE too rigidly a price support law requirement that the Government use private storage fa­ BRANN'!N AT QUIZ Early this month, December· 5, Harold D. cilities where possible "consistent with Part of the mystery surrounding the sum­ Tanner, of Cortez, Colo., pleaded innocent to effective and sufficient conduct of mary firing last August o{ Jack Cowart of a four-count criminal indictment charging its business." Arlington, $10,500 Assistant to the Admin­ him with disposing of the CCC's dried pinto This procedure was listed as the chief istrator of the Agriculture Department's Pro­ beans, and with falsely claiming storage cause of the present difficulties. duction and Marketing Administration was fees while the beans were not in storage. CCC OVERHAUL URGED removed by a congressional committee yes­ The indictment had been filed October 25; terday. no trial .is expected before next February, The subcommittee cited the case of mid­ Cowart's discharge followed investigation at the earliest. western companies which leased Government of financial transactions involving Cowart's A companion civil action was filed early buildings at Camp Crowder, Mo., for about secretary and his mother-in-law with com­ this year, and on March 30 Tanner's, Inc., $28,000, and then contracted to store CCC panies having dealings with PMA, a report with warehouses in Cahone, Dolores, Pleasant grain in them at a cost of more than $675,- View, Dove Creek, and Cortez, Colo., was of hearings before the agricultural subcom­ 000 in Federal funds. mittee of the House Appropriations Com­ placed in receivership. The suit indicated Members of the House unit urged a thor­ this was one of the largest CCC shortage mittee revealed. ough overhaul of CCC. The House group, headed by Chairman cases-the Government asked $872,000 for Fifteen of the 22 persons alleged to have missing pinto beans plus $5,000 for unearned JAMIE L. WHITTEN (Democrat, Mississippi) taken gifts were in the Dallas, Tex., CCC demanded that Agriculture Secretary Charles storage charges. . office which covers five States. But the Much of the loss had gone long undis­ F. Brannan tell why Cowart was fired. Bran­ covered, according to the criminal indict­ House committee said that, with orie excep­ nan pleaded that because the matter in due tion, the record did not show that any em­ ment. course probably will be presented to a grand ployee granted favors to those who offered jury the matter should not be revealed. Mr. WILLIAMS. The next is an arti­ the gifts. When committee members insisted, a report cle entitled "Twenty-two in CCC Took Brannan last month fired Latham White of the Cowart case was presented by W. Car­ Gifts, Probers Say,'' published in the and Harry J. Solomon of the Dallas office for roll Hunter, solicitor of the Agriculture De­ Philadelphia Inquirer of F.ebruary 4, "administrative inadequacy," including partment. charges that they accepted gifts from various The original information Hunter asserted 1952. Texas and Oklahomc. firms. came from the Housing and Home Finance There being no objection, the article Agency. An investigation Hunter said dis­ was ordered to be printed in the RECORD, Mr. WILLIAMS. The next is an ar­ closed that a manufacturer of grain bins in as follows: ticle entitled "United States Aide Fired Texas has paid $1,374.40 in April 1950, to TwENTY-TWO IN CCC TOOK GIFTS, PROBERS by Agriculture Hired by OPS," published Cowart's secretary, who in turn paid $1,100 of SAY in the Washington Post of February 5, this amount to Cowart. WASHINGTON, February 3.-House investi­ 1952. "The payment," Hunter reported, "is said gator.:> said today that at least 22 Commodity There being no objection, the article tci have been made for services rendered to Credit Corporation employees received gifts was ordered to be printed in the RECORD, • the manufacturer in settling the ranging from Bibles to resort week-ends as follows: latter's claim against the Commodity Credit from firms doing business with CCC. Corporation in connection with freight rates UNITED STATES AIDE FIRED BY AGRICULTURE paid on grain bins shipped under contracts A House appropriations subcommittee HIRED BY OPS made public information from the Agricul­ of the CCC.'' ture Departmen showing that three of the Revelation that an employee dropped by Later, an additional investigation was persons had been fired, one resigned under the Department of Agriculture and later in­ made by the Agriculture Department's Com­ fire, two were suspended for a month, and dicted on charges of accepting bribes had pliance and Investigation Branch involving a three others were reprimanded. Action is been hired by the Office of Price Stabilization warehousing corporation in Baton Rouge, La. still pending against the others. came from a House committee yesterday. The report of this investigation was given to The employee was Stephen G. Benit, Jr. the solicitor, he said, on December 18 last. SECRETARY PAID $1,374 Word of his dropping and reemployment in "The report," Hunter stated, "is to the W. Carroll Hunter, department solicitor, the Government came in published hearings effect that 163 shares of capital stock of the .informed the House unit that the Govern- of the Agriculture Subcommittee of the corporation of a par value of $25 each was I

820 CONGRESSIONAL RECORD - SENATE February 5 issued on December 2, 1949, to the mother-tn­ JOHN CARTER VBCENT The President refuses to give us the law of the employee (Cowart) in considera­ Mr. JENNER. Mr. President, re· documents, because, he implies, the Sen­ tion of a promissory note of $4,075. The is­ ate is engaged in "intimidation and de­ suance of the · stock to the employee's cently the Judiciary Committee of the mother-in-law was made at the employee's Senate of the United States sent to Sec­ moralization of Foreign Service person­ request on that ground since he was a Gov­ retary Acheson a request for the files ot nel." If anything is more demoralizing ernment employee, the stock should not be the State Department dealing with John to our loyal Foreign Service officers than issued in his name. Carter Vincent, a high official of the an administration which has coddled "The stock was bought back by the corpo­ Department, accused under oath in open and protected seGret Communists in high ration on January 13, 1951, for .$22,300, plus hearings before the Senate, of having office for many years, I cannot imagine cancellation of the promissory note, on which what it is. no payment had been made:" been a member of the Communist Party. Mr. Acheson referred the reques~ to the The President refuses to give the Sen­ Mr. WILLIAMS. Mr. Brannan in his President. ate the documents because, he implies, statement has indicated that he was Mr. Truman's reply b so astounding it is the business of Foreign Service very much opposed to the law enacted that I think the Senate must take im­ officers-at Yalta, for example-to serve by the Eightieth Congress. mediate cognizance of· it. only the administration and its interest The amendment to which the Secre­ I believe we all are in agreement that regardless of what "some future inves­ tary of Agriculture really objected so under the separation of powers doctrine tigating committee"-he means a com­ strenuously was the amendment which of the Constitution the Congress is a co­ mittee of the United States Senate-­ required Senate confirmation of the _ordinate branch of government, equal may wish to know when the secret agree­ members of the board of directors of in power and importance to the execu­ ments leak out. It is clearly not the the Commodity Credit Corporation. tive branch. We all are in agreement responsibility of Foreign Service officers, When this amendment went to confer­ that Members of Congress are as patri­ he implies, to serve the people of the ence it was stricken out at the request otic and loyal to the public interest as United States, or to obey the dictates of of the Department of Agriculture. members of the executive establishment. their own conscience, so that they can After the conference report came back We also are in agreement, I believe, that freely let anyone see what they have to the Senate, the Senate rejected the secret Communists in high Government written. report and instructed the conferees to office would be as abhon·ent to patriotic Under what &uthority does the Presi­ reinstate this amendment. I think the members of the Civil Service as they are dent deny the Senate the right to see RECORD will show that that is largely to Congress. Mr. Truman does not Government records? Under authority, what Mr. Brannan is angry about. He think so. he says, of his own directive of March knew that the moment the Senate got In-his reply to Mr. Acheson, President 13, 1948. In other words the President the right to confirm the directors, we Truman says: has decided that the President has the would be able to get into the records JANUARY 24, 1952. power to prevent the President's em­ of that corporation to a little greater DEAR MR. SECRETARY: I have given very ployees from reporting to Congrest and extent than before. careful· consideration to Mr. Humelsine's the public. After we got into the records we memorandum of January 22, relating to Sen­ This, Mr. President, is total impu­ learned why he was so insistent that he ator McCARRAN's request for the loyalty file dence. It is open defiance of Congress. of John Carter Vincent and for certain other should retain control, as one man, over papers and reports from the internal files The Senate of the United States cannot this multibillion dollar corporation. It of the State Department. It is understood atiord to ignore this challenge to its will be remembered that when we got the tbat the Senate Internal Security Subcom­ powers, to its right to information col­ books, after much persuasion and a mittee desires these documents for the pro­ lected in the course · of public business, resolution by Congress, there was a total tection of Mr. Vincent against misinterpre­ by employees on the public payroll. of $360,000,000 which the Secretary tation of his position and that Mr. Vincent In the last session I introduced a bill and his department failed to account for the same reason has urged compliance to put an end to all secrecy orders at for. After months of work by the with this request. While it is earnestly de­ once. It is now in the Judiciary Com­ sired to accommodate Mr. Vincent and the General Accounting Office, that amount subcommittee to the maximum extent pos­ mittee. This bill (S. 2255) reestablishes was reduced to $81,000,000, which sible, the paramount consideration in ruling two principles of responsible govern­ was finally written otI by the Con­ upon this matter must be the protection o! ment. First, all information and rec­ gress as unable to be accounted for. This the interests of the United States. ords arising in the course of public busi­ shortage was largely in the storage di­ The surrender to a legLslative investigating ness and of the work of employees on vision, in a department which is now committee of this v.-:µe of report and other the public payroll are the property of showing up short again. I think the documents from the confidential files of the the people of the United States. Public record will show that that is the phase State Department would create a serious records are not the property of the Presi­ danger of intimidation and demoralization of the bill to which Secretary Brannan of foreign service personnel. It is of over­ dent or his employees. They are public objects. Congress took away from him riding importance to our national security, property, as much as anything else the single, one-man control over this internal as well as external, that officers of bought with public money. giant corporation, and required him to the foreign service are free to present their Second, the power to decide that any render an annual accounting of his ex­ reports and express their views as to prob­ specific records may be kept from public penditures. lems of international relations, without fear view rests in Congress, not in the Execu­ I wish to say to the Secretary again or favor, completely and honestly, as they tive. It must be a matter of statute law, today that as one Member of the Senate see them at the time and not in anticipation of the possible reaction of some future in­ not of Presidential fiat. I intend that he shall continue to sub­ vestigating committee which might hold op­ There can be no responsible govern­ mit reports to Congress. I have no pa­ posing views. Accordingly, it is consid~red ment and no sovereignty in the people, tience whatever with his statement that that it would be clearly contrary to the unless the public record is complete, un­ a shortage of $8,000,000 to $10,000,000 public interest to furnish these documents. expurgated, and open to all. If public represents only peanuts, so far as he The release of individual loyalty files to office is a public trust, it must be carried is concerned, when compared with a congressional committees has consistently on in the brightest light. budget of $80,000,000,000.. There is no been denied under term:-. of my directive of The only reason for keeping any re­ in March 13, 1948, as contrary to the public bureaucrat Washington so big that interest in that it would involve the dis­ ports secret is that it is in the interest be can laugh otI a loss of $6 ,000 ,000, closure of confidential information and of the citizens to have them kept so. $8,000,000, or $10,000,000 of the American sources of information and would tend to The personal interest of the Executive is taxpayers' money. undermine the integrity of the loyalty pro­ of no importance. Congress alone can We must not forget that less than 3 gram. The request of Mr. Vincent's loyalty decide when it is in the interest of the years ago Congress was compelled to file should be denied. people to keep records confidential. The write off as "unaccounted for" some $81,- Very sincerely yours, executive branch cannot decide because 000,000 in the same Department of Agri­ HARRY TRUMAN, it. would be deciding whether to protect culture. Mr. Truman refuses to giv~ the Senate itself from public criticism. I compliment the Comptroller Gen­ the documents it needs because, he im­ The FBI has asked for statutory power eral, the Honorable Lindsay c. Warren, plies, only the executive department pro­ to protect its information. Any other for his alertness in catching this short­ tects the interests of the United States. agency which needs secrecy and can age early in its initial stages. The Senate does not. present a case in the public interest, 1952 CONGRESSIONAL RECORD - HOUSE R21 can get statutory approval for protec­ a higher premium on the virtues of in-· labor on the farms, if we don't do something tegrity, fidelity, and chivalry. to encourage these youngsters to stay on the tion of its records. The point is that farms, the next generation is going to be in the case for secrecy Inust be Inade in May we never part coinpany with the a very bad shape for food supplies. I am the open. cardinal virtue of humility or break faith enclosing a list -Of figures of other States There is no rooin in this country for with Thee and our better self. Help us who are losing on this same arrangement an Executive power which protects itself to live out each day in faith, in faith­ and anything that can be done will be a against criticisin by keeping secret the fulness, and in the fear of the Lord. real help to agriculture I know in Oklahoma. public records. We pray that all the legislation that I urge this House to consider these There is no rooin in thi-; country for we are proposing and seeking to enact remarks and to act on them. an Executive power which clothes its may be for Thy glory and for the welfare political activities in secrecy by pretend­ of the members of the -human family ing they are national defense. and in enabling them to find a healthier SPECIAL ORDER GRANTED This Adininistration has let the Hisses and happier and more hopeful way of Mr. SMITH of Wisconsin asked and and the Marzanis, the Coplons and the life. was given permission to address the John Stewart Services have access to Hear us in Christ's name. Amen. House for 10 minutes today, following private, confidential records vital to our The Journal of the proceeJings of yes­ any special orders heretofore entered. national defense, and transinit copies of terday was read and approved. thein to Inilitary and espionage agents of the U. S. S. R. It closes the records THE PRIVATE CALENDAR only to the Ainerican Congress, the SPECIAL ORDER GRANTED The SPEAKER. This is ·Private Cal­ Ainerican press, and the Ainerican Mr. RAMSAY