<<

1935 CONGRESSIONAL RECORD-- SENATE 961 430. Also, petition of the Trade Union Unity Council of OVERTON], caused by illness; the absence of the Senator Greater , by their secretary, Rose Wortis, represent­ from New Mexico [Mr. HATCH] and the Senator from Louisi­ ing 45,000 organized workers of , being vitally ana [Mr. LoNG], detained on official business; the absence concerned with the problem of unemployment insurance, of the Senator from New York [Mr. COPELAND], necessarily since thousands of their members are unemployed, have gone detained; and I again announce the absence of the Senator on record endorsing the workers' unemployment-insurance from [Mr. McADooJ, the Senator from Maryland bill CH. R. 2827); to the Committee on Labor. [Mr. TYDINGS], and the Senator-elect from Tennessee [Mr. 431. By the SPEAKER: Petition of the United Irish So­ McKELLARl, members of the Philippine Commission, they cieties of Brooklyn and Long Island, opposing not having as yet returned. membership in the World Court; to the Committee on For­ The VICE PRESIDENT. Eighty-five Senators have an­ eign Affairs. swered to their names. A quorum is present. 432. By Mr. KENNEDY of New York: Memorial of the EXECUTIVE REPORTS OF COMMITTEES Senate of the State of New York, memorializing the Govern­ ment of the United States, acting through the proper officials, Mr. HAYDEN, from the Committee on Post Offices and to take appropriate action in condemning the tactics of such Post Roads, reported favorably the nominations of sundry officials of the Mexican Government as they deem proper; to postmasters. Mr. WHEELER, from the Committee on Interstate Com­ the Committee on F9reign Affairs. merce, reported favorably the following nominations: 433. By the SPEAKER: Petition of the city of Portland, Lee M. Eddy, of Missouri, to be a member of the Rail­ Oreg., supporting payment of the bonus; to the Committee road Retirement Board for a term of 4 years from June 27, on Ways and Means. 1934; Garlands. Ferguson, Jr., of North Carolina, to be a Fed­ SENATE eral Trade Commissioner for a term of 7 years from Septem­ ber 26, 1934 (reappointment> ; FRIDAY, JANUARY 25, 1935 W. A. Ayres, of Kansas, to be a Federal Trade Commis­ (Legislative day of Monday, Jan. 21, 1935) sioner for the remainder of the term expiring September 25, 1940, vice James M. Landis; The Senate met, in executive session, at 12 o'clock meridian, Frank R. McNinch, of North Carolina, to be a member on the expiration of the recess. of the Federal Power Commission for the term expiring THE JOURNAL June 22, 1939 (reappointment) ; On request of Mr. ROBINSON, and by unanimous consent, James W. Carmalt, of the District of Columbia, to be a the reading of the Journal for the calendar days Wednesday, member of the National Mediation Board, for the term ex­ January 23, and Thursday, January 24, 1935, was dispensed piring February 1, 1936; with and the Journal was approved. John T. Williamson, of Illinois, to be a member of the MESSAGE FROM THE HOUSE Railroad Retirement Board for a term of 3 years from June 27, 1934; and A message from the House of Representatives, by Mr. Halti­ William M. Leiserson, of , to be a member of the gan, one of its clerks, announced that the House had passed National Mediation Board, for the term expiring February a joint resolution CH. J. Res. 117) making appropriations for 1, 1937. relief purposes, in which it requested the concurrence of the Mr. WAGNER, fr.om the Committee on Interstate Com­ Senate. merce, reported favorably the following nominations: ENROLLED JOINT RESOLUTION SIGNED John Carmody, of New York, to be a member of the Na­ The message also announced that the Speaker of the House tional Mediation Board for the term expiring February 1, had affixed his signature to the enrolled joint resolution (H.J. 1935, and also to be a member of the same board for the term Res. 112) to clarify the definition of disagreement in section expiring February 1, 1938 (reappointment) ; and 19, World War Veterans' Act, 1924, as amended, and it was Murray Latimer, of New York (now chairman), to be a signed by the Vice President. member of the Railroad Retirement Board for a term of 2 CALL OF THE ROLL years from June 27, 1934. Mr. ROBINSON. I suggest the absence of a quorum. Mr. KING, from the Committee on the Judiciary, reported The VICE PRESIDENT. The clerk will call the roll. favorably the nomination of Alex Smith, of Alabama, to be The legislative clerk called the roll, and the following Sena­ United States marshal, northern district of Alabama, to suc­ tors answered to their names: ceed Thomas J. Kennamer, term expired. The VICE PRESIDENT. The reports will be placed on the Adams Coolidge La Follette Robinson Ashurst Costigan Lewis R~ll Executive Calendar. Austin Couzens Logan Schall Bachman Cutting Lonergan Schwellenba.ch BUSINESS TRANSACTED AS IN LEGISLATIVE SESSION Balley Davis McCarran Sheppard Bankhead Dickinson McGUl Shipstead During the executive session the following legislative busi­ Barkley Dieterich McNary Smith ness was transacted by unanimous consent: Bilbo Donahey Maloney Steiwer Black Duffy Metcalf Thomas, Okla. NATIONAL CONSTITUTIONAL PROHIBITION Bone Fletcher Minton Thomas, Utah Borah Frazier Moore Townsend Mr. SHEPPARD. I ask unanimous consent that the two Brown Gerry Murphy Trammell joint resolutions submitted by me yesterday, being Senate Bulkley Glass Murray Truman Bulow Gore Neely Vandenberg Joint Resolution 44 and Senate Joint Resolution 45, may be Burke Guffey Norbeck VanNuys printed in the RECORD at this point. Byrd Hale Norris Wagner There being no objection, the joint resolutions were ordered Byrnes Harrison Nye Walsh Capper Hastings O'Mahoney Wheeler to be printed in the RECORD, as follows: Caraway Hayden Pittman White Senate Joint Resolution 44 Carey Johnson Pope Clark Keyes Radcliffe Joint resolution proposing an amendment to the Constitution of Connally King Reynolds the United States relating to intoxicating liquors Resolved by the Senate and House of Representatives of the Mr. AUSTIN. I wish to announce that my colleague the United States of America in Congress assembled (two-thirds of junior Senator from Vermont [Mr. GmsoNJ is absent in each House concurring therein), That the following amendment to the Philippines upon business of the Senate, and that the the Constitution be, and hereby is, proposed to the States, to [Mr. is becom.e valid as a part o! the Constitution when ratified by the Senator from New Jersey BARBOUR] unavoidably legislatures of the several States as provided by the Constitution: absent. "ARTICLE - Mr. LEWIS. I announce the absence of the Senator from " SECTION 1. The manufacture, sale, or transportation of alco­ Georgia [Mr. GEORGE] and the Senator from [Mr. holic liquors within, the importation thereof into, or the exporta.- LXXIX--61 962 CONGRESSIONAL RECORD--SENATE JANUARY 25 tion thereof from the United States and all territory subject to the Whereas, due to the prolonged and unusual drought, many of Jurisdiction thereof for beverage purposes is hereby prohibited. the forest plantings of the original settlers have perished: Now, "SEc. 2. The Congress and the several States shall have concur­ therefore, be it rent power to enforce this article by appropriate legislation. Resolved by the Senate of the State of South Dakota (the hm.LSe · " SEC. 3. The twenty-first amendment to the Constitution is of representatives concurring), That we respectfully urge the Con­ hereby repealed." gress of the United States to enact the proper legislation necessary to carry the President's shelter-belt plan into effect; and be it Senate Joint Resolution 45 further Resolved, That the Secretary of the Senate Is directed to supply Joint resolution proposing an amendment to the Constitution of copies of this resolution to each of the Senators and Representa­ the United States relating to intoxicating liquors tives in Congress from this State. . Resolved. by the Senate and. Hm.LSe of Representatives of the RoBERT PETERSON, ·United. States of America in Congress assembled (two-thirds of President of the Senate. ea.ch House ~TTing therein), That the following amendment to w. J. MATSON, the Constitution be, and hereby is, proposed to the States, to Secretary of the Senate. become valid as a part of the Constitution when ratified by the legislatures of the se~eral States as provided by the Constitution: Mr. SHIPSTEAD presented the following concurrent reso­ "ARTICLE - lution adopted by the House of Representatives of the State "SECTION 1. Congress shall have power to prohibit the manufac­ of Minnesota, which was referred to the Committee on For­ ture, sale, or transportation of alcoholic liquors within, the im­ eign Relations: portation thereof into, or the exportation thereof from the United House File No. 83 States and all territory subject to the jurisdiction thereof for beverage purposes and to enforce such prohibition by appropriate Concurrent. re~olution memorializing .the Congress to enact legis­ legislation. lation to protect American industry and the employees thereof " SEc. 2. In the event of legislation by Congress to carry out this against cheap foreign labor and products article the States shall have power to prohibit the manufacture, Whereas the State of Minnesota and the city of Cloquet are di­ sale, or transportation of alcoholic liquors for beverage purposes rectly interested in the manufacture of matches through the em­ within their respective areas or to enact legislation in aid of that ployment of several hundred persons in that city in this industry, enacted by Congress to carry out this article. In the absence of and through several hundred farmers of Carlton, St. Louis, Lake, legislation by Congress to carry out this article, the power to pro­ Itasca, Cook, Crow Wing, Aitkin, Cass, Koochiching, and Pine )libit the manufacture, sale, or transportation of alcoholic liquors Counties; and · - for beverage purposes within their respective areas is reserved to Whereas there is now pending before the President of the United the several States. States a reciprocal treaty with Sweden whereby an attempt is " SEC. 3. The transportation or importation into any State, being made to lower the duty now imposed on matches and to Territory, or possession of the United States for delivery or use increase the quota of matches that Sweden be permitted to ship therein of alcoholic liquors for beverage purposes, in violation of into the United States; and the laws thereof, is hereby prohibited. Whereas the greater part of the match business is found in the "SEC. 4. The twenty-first article of amendment to the Constitu­ competitive manufacturing of the strike-on-box mat ch rather than tion of the United States is hereby repealed. in the sale of the same to the ultimate consumer; and "SEC. 5. The Congress shall have power to enforce this article Whereas the labor cost incurred in the manufacturing of said by appropriate legislation." match in the American industries, always relatively higher than the labor cost of theJoreign match, has been increased in the American REPORT OF SECURITIES AND EXCHANGE COMMISSION industry under the N. R. A. to an even higher relative level, to wit, The VICE PRESIDENT laid before the Senate a letter from 11 cents per gross higher than the former American rate, while the returns from sales have increased only 2.7 cents per gross; and the Chairman of the Securities and Exchange Commission, Whereas the consequences of the resulting unfair competition transmitting, pursuant to law, a report covering the results between the American industry and the foreign industry has meant of the Commission's investigation of stock-exchange govern­ that in the Cloquet factory, and in a s1mllarly owned and operated factory at Dix.field, Maine, the total gross sale and production has ment, together with its recommendations, which, with the decreased during 1934 by 1,153,847 gross boxes, or 23.84 percent, accompanying report, was referred to the Committee on With an estimated loss of employment to 2,300 American workers; Banking and Currency. and · Whereas foreign match manufacturers have been guilty of un­ INVESTIGATION OF PUBLIC-UTILITY CORPORATIONS scrupulous practices by coloring the splints and so reducing the The VICE PRESIDENT laid before the Senate letters from duty paid to one-third or less of the amount intended by Con­ the Chairman of the Federal Trade Commission, transmit­ gress; and Whereas to include in the said reciprocal treaty with Sweden ting, pursuant to Senate Resolution 83, Seventieth Congress, provisions lowering the tarur and increasing the quota of matches first session, authorizing an investigation of public-utility that Sweden be permitted to ship into the United States would corporatioris, two surveys, which, with the accompanying seriously threaten unemployment to the approximately 850 people papers, were referred to the Committee on Interstate Com­ employed in the Cloquet (Minn.) match factory and to the ap­ proximately 300 contractors, each employing from 1 to 10 men, merce, as follows: which contractors are farmers of Carlton, St. Louis, Lake, Cook, Chapter XII, being a survey of State laws and regulations Itasca; Crow Wing, A.ltkin, Cass, Koochiching, and Pine Counties, regarding utilities and their holding companies, with five and who were paid for wood during the year 1934 many thousands supporting legal studies; and of dollars: Therefore be it Resolved by the House of Representatives of the State of Min­ Chapter XIII, setting forth the present extent of Federal nesota (the senate concurring therein), That we hereby respect­ regulation of utility holding companies and the need and fully petition and urge the President of the United States not to feasibility of its enlargement, with two suppcrting studies. include in the proposed reciprocal treaty with Sweden any pro­ visions lowering the tartif or increasing the quota of matches that PETITIONS AND MEMORIALS Sweden be permitted to ship into the United States; and be it further The VICE PRESIDENT laid before the Senate the petition Resolved, That the chief clerk be instructed to forward a copy of Local No. 79, Stove Mounters' International Union, of hereof to the President of the United States, Secretary of State Battle Creek, Mich., praying for the enactment of legislation Cordell Hull, and Assistant Secretary Francis B. Sayre, and to each taxing 10-cent cigarettes $2.70 per thousand, with 15-cent of the Minnesota Sena.tors and Repre~ntatives in Congress. and other higher-priced cigarettes to be taxed $3 per thou­ REPORTS OF COMMITTEES sand, which was referred to the Committee on Finance. Mr. ADAMS, from the Committee on Appropriations, to Mr. NORBECK presented the following concurrent resolu­ which was referred the joint resolution for the relief of the Collier Manufacturing A bUI (S. 1453) to create a board of shorthand reporting, Co., of Barnesville, Ga.; to the Committee on Claims. and for other purposes; to the Committee on the Judiciary. A bill CS. 1432) to amend section 5 of the act of March 2, HOUSE JOINT .RESOLUTION REFERRED 1919, generally known as the '"War Minerals Relief Stat­ The joint resolution CH. J. Res. 117) making appropria­ utes "; to the Committee on Mines and Mining. tions fO? relief purposes was read twice by its title and re­ By Mr~ CAPPER: ferred to the Committee on Appropriations. A bill (S. H33) to authorize the Reconstruction Finance Corporation to. make loans to aid in the operation and main­ COUR.l' l\UR'!IAL OF FORMER CAPT. OBERLIN M. CARTER tenance of institutions for religious instruction and worship, Mr. LEWIS submitted the following resolution CS. Re.s. and for .other purposes; to the Committee on Banking and 60), which was referred to the Committee on Military Currency. Affairs: By Mr. KING: Resolved, That the Committee on Military Affairs 1s authorized A bill , protocols concerning adherence of the the State Department and other agencies of the Government came United States to the Court of International Justice, the "independently to the same conclusion, and as a result the War pending question being the amendment of Mr. NORRIS, Department transmitted to the Governor General the considered which is as follows: judgment • • • that compreheD$1ve ta.riff legislation in the Philippine Islands could best be considered after further study of At the end of the resolution add the following: all the factors involved, and in connection with the development "Resolved further, That the adherence of the Government of the of a.n inclusive plan for continued relations between the United United States to said protocols and statute is upon the express States and the Philippine Islands." condition and understanding that no dispute or question in which the United States Government is a party shall be submitted to HULL VIEWS EMPHASIZED said Permanent Court of International Justice unless such sub­ Secretary Hull also said he considered it desirable " to have an mission has been approved by the United States Senate· by a two­ early definition of the future trade relations between the United thirds vote." States and the Philippines." He declared that the Department had offered no objection to temporary measures designed to give Mr. NORRIS. Mr. President, we have had some trouble protection or relief to the American textile trade in the Philippines this morning to secure a quorum. A Senator has suggested during the period in which a. general program is being worked . to me that it is because it was known I was going to ad­ out. That action, however, rests with the Philippine Government. Nevertheless, Representatives from the textile States attribute dress the Senate this morning, but I do not take it in that failure of the bill to Washington infiuence, as shown from the way; I think it is on account of the weather. We younger Hull letter. Senators ought not to complain of the old men who find it Statistics showing the losses suffered by our trade in the various difficult to get here on time. [Laughter.] areas under discussion have been furnished by Walter S. Brewster, president Textile Export Association, New York, Mr. President, I am thoroughly convinced that every "There are certain markets that have a.lways--and rlghtfully­ Member of this body is going to cast a conscientious vote been considered American markets", he asserted. "We have a not only on the proposed reservation which is pending but right to expect our Government to take any and all proper action necessary to protect the position of the American manufacturer in upon the original .resolution itself. I am as thoroughly con­ such logical markets as the Philippines, CUba, Haiti, and other vinced as I have ever been convinced of anything that those Central and South American Republics." who are opposed to the proposed reservation are just as He showed that whereas 90,000,000 square yards of cotton goods conscientious as I am. It seems to me this debate and the had been exported to the Philippines annually (average) during the period 1925-27, the first 10 months of last year found the consideration of this question have shown that all the Mem­ figure to have dwindled to 40,000,000 square yards. He declared bers of this body have been moved by a conscientious desire that the hopelessness of any attempt by American cotton manu­ to do what is right, by a conscientious desire to do every­ facturers to compete in world markets with Japanese textiles 1.s thing Possible to alleviate the horrors and sufferings of war clearly indicated by the merest summary of the methods used to develop the Japanese industry. and to bring about a world peace. So, Mr. President, what­ ever I shall say in favor of the reservation now pending, I · TEXT OF REVISION do not want it to be misunderstood by anyone that I am Members of the New England delegation have been led to look into the situation surrounding the reported disapproval by the in any way impugning the motives or questioning the con­ Secretary of War of the Philippine tariff revision proposed la.st scientious convictions of any Senator who is opposed to its August. The text of this revision was cabled to the War Depart­ adoption. ment on August 9 for the consideration of the Secretary and his Bureau of Insular Affairs, the former having veto powers over The pending amendment to the resolution of adherence matters of this sort. being, in effect, a reservation, provides that before any dis­ The proposal a.s to textile rates was as follows: Textiles, plain pute or controversy in which the Government of the United and without figures, weighing 16 kilos or more per 100 square States is a party shall be submitted to the World Court meters, having (a) up to 16 threads, kilo, 25 cents; {b} from 17 to 21 threads, kilo, 35 cents; ( c) from 22 to _g6 threads, kilo, 38 cents; the submission of the question shall have the approval of {d) from 27 to 31 threads, kilo, 40 cents; (e) 32 threads or more, the Senate by a two-thirds vote. I have put into the res­ kilo, 45 cents. ervation the two-thirds-vote proposition because the agree­ Where the weight is less than 16 kilos per 100 square meters, ment to submit is in the nature of a treaty. As I shall show, the rates were: 30 cents, 38 cents, 42 cents, 46 cents, and 55 cents, respectively, in the counts above referred to. In the case of tex­ if I do not forget to do so, all such submissions, as a rule, tiles, twilled or figured in the loom, or woven with colored yarns, even to the Hague Court, have been made after the sub­ weighing 20 kilos or more per 100 square meters, the rates proposed mission of the question has been approved, the same as in are: 30 cents, 36 cents, 41 cents, 49 cents, and 59 cents, respec­ tively, and where weighing less than 20 kilos per 100 square meters, the case of a treaty. A treaty, however, if we must enter 35 cents, 42 cents, 49 cents, 58 cents, and 62 cents, respectively. into one for the submission of any controversy, would take Additional rates are provided to cover cotton textiles further ad­ more time and be perhaps more difficult and less practical, vanced in production. as I see it, than though we should adopt the reservation In the 1909 tar11f law of the islands, plain textiles, for instance, weighing 8 kilos or more per 100 square meters, were given the which does not require negotiations and entering into a following rates per kilo: Up to 18 threads, 10 cents; 19 to 21 treaty, Which requires DO notice Whatever Of what the other 1935 CONGRESSIONAL RECORD-SENATE 965 government pa,.rty to the cnntroversy may do in order to I have read in the public press that the reservation puts bring about the submission; but it does provide that in this the matter in politics, that the Senate is a political body, country. before a question is submitted to the Court, the and that it ought not, because it is a political body. to have President must have the concurrence of the Senate by a the power to refuse a submission in case the President wants two-thirds vote just as he does in the matter of the approval to submit a question to the World Court. That may be true. of a treaty. Insofar as the Members of the Senate are elected by the I have been opposed to the League of Nations. I am op­ people. they are political; but does not the same principle posed to going into the World Court wjthout any reserva­ apply to the President? He is elected, the same as we are, tion or. to make it more cleair, without this particular res­ by the people of the United states. If it is objectionable ervation or something that means in substance what I be­ because the submitting power proposed would be somewhat lieve this reservation means. I am not willing to submit political, then the objection would still remain if we defeat everything to the World Court. I am not willing to say in the reservation. In fact, I think it le.aves the situation much advance 'just what kind of controversy we shall be willing worse, because if the reservation shoulQ. be adopted we would to submit to the World Court because in the very nature have, in the case of the submission of a question to the of things it is impossible now to know what controversies World Court, not only the judgment of the President but the may airise in the future. judgment of two-thirds of the Senators. . It is known that the President of the United States is It may be th~t our Constitution ought to. be amended and opposed to this reservation. In the last few days it has been that we ought to approve treaties by a majority vote. There intimated to me. and I have noticed it has been said in are those who so believe. but the Constitution now provides the public press, that the adoption of this reservation would that a two-thirds affirmative vote is required. Personally, be an affront to the President of the United States. Of I am rather inclined to believe that the care taken by our course. I do not need to tell the· Senate that I would not be forefathers when they adopted the Constitution was fully a party to anything involving an affront to the President. I justified. While I think I have an open mind, I do not am satisfied no Senator would be. More than that, there is, believe. as I see it now, that I would support an amendment in my opinion, no justification whatever for anyone to think to the Constitution which would make it possible for the for a moment that this reservation is or should be consid­ Senate to approve treaties by a majority vote. We are deal­ ered an affront to the man who occupies the White House. ing with many questiqns which are not of great importance. I should like to talk particularly to some of my Democratic A great many subm1ssions will be made to the World Court, friends on that point. if we go into it, which· probably will not be of great impor­ Naturally Democratic Senators feel, and properly I think, tance; but we do not want to close our eyes to the fact that .that they would .under any ordinary circumstances like to there may be submitted some question of major importance • carry out the wishes of the President. in whom they have and it might take but one such instance to bring almost ruin and I have almost unlimited confidence. We believe in his upon the Government of the United States. sincerity. But. Senators. we are taking action here that Mr. President, I think it is no reflection upon the Presi­ will have its application, if the reservation shall be adopted. dent to hold that we want to pass on each question that is to Presidents long after we have gone, after we have passed to be submitted before it is submitted. There is no reflec­ away. If we reject the particular reservation which I am tion upon any otlier country that maybe in the World Comt discussing it will have the effect of throwing the matter into .. I do not want to entangle my country in European ques­ the hands of Presidents whom you do not know and whom tions. I am conceding very frankly that they may be just as I do not know, whose sincerity probably would be as unques­ honest as we are, just as able, just as conscientious, but they tioned as that of the present President; but we do not know are living in a different world and are a part of another form that to be so. In other words, we ought to consider the . of civilization. I wish them no harm. If I could be of as­ reservation without thinking of any particular man who is sistance in the settlement of any dispute involving them, I or may be President of the United States. would gladly do so. But I am not willing to take my country I do not believe the reservation can be construed as doing into a world court where the judges are men who have lived any injustice or offering any affront to any President if we ·under different conditions. who have different ideas of so:. .say by it, "Before you submit a controversy to the World ciety. who have different ideas of government. who come in Court you must have the approval of the Senate of the the main from different kinds of governments than that United States. just as you have to have its approval of a under which we live. treaty." We did not make the Constitution. We have lived I say this with due respect to them. They are entitled to under it and acted under it and enacted laws under it. We their forms of government. to their views. to their civiliza­ have lived under it for many years with the provision all the tion. to their society; but it does not follow that we neces­ time in the Constitution that a two-thirds vote of the Senate sarily have to go into the World Court and have questions is required for the approval of any treaty submitted by the settled by men of that kind who have grown up and lived President of the United States. In other words. the Con­ under a different form of civilization and therefore would stitution was framed on the theory that the Senate is a probably be biased on some questions to which the Govern­ part of the treaty-making power of our Government. ment of the United States might be a party if submitted to We may have a President in the future who, let us as­ the World Court. sume. is perfectly honest and perfectly sincere. but who Mr. President, we do not even have to believe, because we may have what his countrymen may think a one-sided view are not willing to go into the World Court, that the judges on some particular question that becomes a matter of con­ are not honest and able and that they will not do what they troversy between our country and some other country. a man think is right; but, in his judgment and in his action and in in whom. perhaps. we have the utmost confidence. but by his conduct and in his heart and in his soul, a man is in­ whose judgment on that particular subject we would not be fluenced to some extent by the environment and civilization willing to abide. The adoption of this reservation will. I and society in which he grew to manhood. That fact in­ believe, place in the hands of the Senate the constitutional fluences man and becomes a part of him. He may be per­ treaty-making power. a safeguard which .will obviate any fectly honest, able. and conscientious, and yet have a view­ possible danger that might arise because of some abrupt or point which is entirely different from ours. Questions will ill-considered action on the part of some man who may arise and controversies may come about between our kind of become President of the United States. government and another of which such men are a part, and President Roosevelt is not going to be President forever. it seems to me it would necessarily and naturally follow, if President Roosevelt will probably not be in the White House such a question arose. that the Court would be against us, more than 6 years longer; and if he is to let the Postmaster and probably be against us conscientiously. -General continue to" Farleyize" his administration. he may . So, Mr. President, I am not willing to submit a contro­ not be there more than 2 years longer. Whatever may hap­ versy to the Court until itS submission has been as solemnly pen, this reservation. if adopted. cannot do any harm to any considered as we would consider a treaty; and that is virtu­ conscientious President or to any other nation. ally what is provided for by this reservation. 966 CONGRESSIONAL RECORD-SENATE .JANUARY 25 · It has been said in the public press that if this reserva­ I know it can be said, "Here is some little dispute that tion should be agreed to, the other powers would reject it. does not amount to much. There is no danger of war, no I do not know why. This reservation was one of the reser­ question of race, no question of immigration, no question vations adopted heretofore, and, as far as I know, no com­ of that kind arising. We might just as well submit it to the plaint was made about it. While the other powers did not Court at once. If we should not adopt this resolution, the accept all our reservations, they did not reject the protocol President could submit it to the Court without taking up on account of this particular one; and why should they the time of the Senate; or it might arise in recess." Of care? We will not care what method is adopted by a coun­ course, if it did, if. the question were sufficiently important try with which we are in dispute or disagreement before it the President could call the Senate in special session at agrees to a submission. We can have no objection if its any time to consider it. I concede that that might occur; laws, its rules, its regulations, provide that a controversy but it must be conceded also that some question of vast affecting it shall be submitted by a king, and by a king international importance might arise in the same way, and alone. Neither would we object if the king, in order to get might be submitted to the Court by 'the President when it consent to submit the question to the Court, had first to was known that the country and the Senate would not submit it to his parliament. That is nothing to us, and agree to such a submission. this reservation is nothing to the other countries. They will So, while the adoption of this reservation might be the not care about it. They have no right to care. It is a cause of delaying consideration by the Court of some ques­ matter entirely within our control. tion of minor importance, which I am willing to admit is But, Mr. President, suppose conditions were such that our the case, that is more than counterbalanced by the fact that adherence would be rejected by foreign governments be­ it would also, in the case of questions of great importance, cause of this reservation: Would not that be the best reason give the Senate and the country the right to discuss them~ in the world why we should stay out of the Court alto­ to debate them, to suggest amendments, or to refuse their gether? If they should reject our adherence because we submission to the Court if it should be thought proper. had required the Senate to agree to submission of a question If we do not adopt this reservation, I think we shall have to the Court, then it seems that they would be trying, even to concede that it would be possible-I am not saying that before we adhered to the Coilrt, to control the action of the it will happen; I hope it will not happen; I am not thinking American Government, which we could not agree to under of any particular President we have ever had, nor of the any circumstances or conditions. If that would constitute President we have now-but it might happen that the an objection on the part of the other powers, then, in my country would be plunged into war, perhaps, on account of opinion, it would be a sufficient reason why we should not hasty action taken by the President when the Senate was go into the Court. not in session, and when no debate occurred, no discussion Mr. President, we have followed this procedure in the occurred anywhere, almost as a result of a secret arrange­ main from the beginning of our Government. It is not ment. something. new. We have submitted a great many contro­ So, Mr. President, I submit this reservation. I ask Sena­ versies to The Hague when we have had disputes with other tors to consider it fairly, and to remember that its effect countries, and the submissions have been passed on and may be far-reaching. No injury can come if it is agreed approved by the Senate before the cases were submitted. to; and I think the Senate ought to agree to it. When the former Roosevelt occupied the White House Mr. ROBINSON. Mr. President, it is rather amusing to and Mr. Root was Secretary of state, that administration hear the Senator from Nebraska [Mr. NORRIS] say that the initiated the negotiation of quite a large number of arbi­ failure of Senators to appear in the Chamber prior to the tration treaties. Some were concluded in 1909 and others meeting of the Senate today has been attributed by some in 1908. The treaties provided for the settlement of par-· one to lack of interest of Senators in what he might say. Of ticular questions that were stated and were submitted to course, I think that was a humorous allusion, not intended to The Hague; and I think in every case, without a single ex­ be taken seriously; but, like some of my own jokes, it needs ception, that submission had the approval of the Senate of explanation or qualification. the United States by a two-thirds vote. The· Senator from Nebraska and I are habitually so serious Mr. VANDENBERG. Mr. President, will the Senator in the performance of our duties, and in attempts to per­ yield? form them, that sometimes what we say in light vein is taken The PRESIDING OFFICER (Mr. TRUMAN in the chair). quite seriously by those who hear us. Does the Senator from Nebraska yield to the Senator from There is not anyone here whose remarks are listened t() Michigan? with more interest and appreciation than those of the Sena­ Mr. NORRIS. Yes. tor from Nebraska. His long service in this body, his courage, Mr. VANDENBERG. The Senator is entirely correct. and his ability command the respect, not only of his col­ They had to M thus submitted, because the basic convention leagues, but of the people of the country generally. for the pacific settlement of international disputes re­ Let me say, however, to those who favor adherence to the quired it. World Court, that I regard the resolution of the Senator from Nebraska as of controlling and vital significance. Let Mr. NORRIS. Yes; and that is all I desire to do by this it be added that, in my opinion, no Senator who wishes to reservation. make the resolution of adherence really effective will vote Let me read the language of one of those treaties. for the resolution of the Senator from Nebraska. While the farmer Roosevelt was President, part of article II of one of the treaties I have mentioned reads as follows: Of course, we all admit the good faith of those who oppose entry into the World Court. Sometimes it is difficult for me In each individual case-- to understand their arguments, but it may be equally diffi­ That means in the case of each submission- cult for them to understand my own. the high contracting parties, before appealing to the Permanent I propose now to give a brief statement of why I think the Court of Arbitration, shall conclude a special agreement- resolution of the Senator from Nebraska should be rejected. And so forth. That special agreement was to set up what I am speaking, of course, from the standpoint of a Senator the matter in dispute was; and the very next paragraph who in good faith believes that our efforts to adhere to the reads as follows: World Court should be made in such form and manner as It is understood that such special agreement on the part of will give some substantial effect to the resolution when it is the United States will have to be made by the President of the adopted. United States by and with the advice and consent of the Senate. The :first reason that I assign as an argument, justifying I have not examined all the treaties, but I think an ex­ those who favor adherence, in rejecting the resolution is amination will disclose that all of them had that identical that it merely perpetuates the controversy we are now in, a language in them. That is what I propose to do here. controversy which has lasted for 11 or 12 years; and it per- 1935 CONGRESSIONAL RECORD-SENATE 967 mits a renewal of that controversy on the part of those who ment of the United States, it is necessary to submit it to oppose our entI·y into the World Court every time a proposal the Congress, because the appropriation cannot be made is made in the Senate to refer a question to the Permanent except through the action of the Congress. I do not mean Court of International Justice. to say that a tentative agreement could not be entered into Does anyone who hears me imagine that the Senator from even in that case for submission to the Congress. On the California [Mr. JOHNSON], with all the record of his years of contrary that is what I mean to say, that before the agree­ opposition to the Court behind him, will abate or discontinue ment can be finally carried out, whether through the ex­ his opposition when this resolution is agreed to, if it is agreed change of notes, or by Executive agreements, it must be to? It is no reflection on him to say that I think he is sin­ submitted to the Congress of the United States. That has cere, and that he will be just as much opposed to referring always been done. a case to the Court to which he is opposed as he is to ad­ I now wish to ask the Senate to listen for just a moment herence to the Court under the resolution now before the to some of the authorities on which this assertion is based. Senate. So, if we wish to accomplish something really effec­ Willoughby on The Constitution of the United States tive in adopting the resolution, we must reject the proposal contains the following paragraph: of the Senator from Nebraska. By virtue of the power exclusively vested in him to conduct I do not wish, every time the Senate is asked to refer to diplomatic negotiations betwee:p. this and foreign countries, the the Permanent Court of International Justice a controversy President has, since early years, entered into numerous agree­ ments with foreign chancellories for the settlement of claims or dispute between this Government and another govern­ made by American private citizens against foreign governments. ment, to have this old straw threshed out again. Neither do In a considerable number of cases these claims have been settled I think it is wise for those who believe in the Court as an by means of arbitration agreed upon between the foreign offices agency for the settlement of controversies between nations concerned. • • • In no case has the President attempted, without consulting the to place it in the power of one-third of the Senate, plus one, Senate, to adjust finally claims brought by foreigners against the to prevent the peaceful composition of controversies through United States. the agency of the Court. That is exactly what will result if Mr. BORAH. Mr. President, will the Senator yield? the resolution of my friend, the Senator from Nebraska, Mr. ROBINSON. I yield. should be agreed to. Mr. BORAH. Those were instances in which the Presi­ It is entirely true that on previous occasions in dealing dent was negotiating in the interests of private citizens and with this subject we have required reference to the Court of not to bind his Government. a controversy to be made by treaty, and it is entirely true that Mr. ROBINSON. Yes; or instances in which the. Presi­ the treaty of 1907 for arbitration by the Permanent Court of dent was negotiating in the interests and on behalf of the Arbitration at The Hague required agreements for reference Government of the United States, in which instances there to be· submitted to the Senate, which, of course, acts upon was no contemplation that the Government should pay any the matter by a two-thirds vote. However, I point out the amount to the other party. I will cite the precedents a fact that while there are some precedents to that effect, there little later on. are also numerous precedents to the contrary, and I propose Crandall states that-- to cite some of them. Agreements for the adjustment of settlement of pecuniary A second reason, which I think should have some force claims of citizens against foreign governments, which meet with in this assembly for opposing the resolution of the Senator the approval of the claimants, and by which no obligation, except from Nebraska is that, whether designedly or not, the effect to relinquish the claim, is assumed on the part of the United of the resolution is to transgress upon the jurisdiction and States, are not usually submitted to the Senate. authority of the President as defined by the Constitution. There is another authority whose remarks I think will I realize that there are some who say that the Congress has address themselves with force particularly to those of the frequently during recent months given extraordinary power opposition to the Court. Mr. John Bassett Moore, who is to the President; I realize that there are some who say that admittedly an authority on international law, says: the Congress has abdicated its jurisdiction and responsi­ • • • As the Executive is forbidden to bind the Govern­ bility and that this would be a kind of a means of balanc .. ment of the United States to the payment of money in the ab­ ing up-give away something, they say, that we ought not sence of authority of law, the President has never undertaken to settle claims against the United States except by means of a to give away, and then take something that we ought not treaty, or by means of an agreement concluded ad referendum to to have, and everybody ought to be happy, and the Govern­ Congress. I ment would then be properly administered. However, do Mr. President, I have already said that there are instances not concede that sort of an argument, and I have no pa­ in which the Senate has required submission to be made in tience with that conclusion. form of a treaty, notably including the treaty of 1907 relat­ The truth of the matter is, as I think all lawYers in the ing to The Hague arbitral tribunal. There are also cases Senate will agree, that under the Constitution there are in which the Senate imposed that condition and in which only two limitations of the power of the President to con­ the President, or the Secretary of State acting for him, have duct our foreign relations. The first is that in any in­ refused to exchange the ratifications. However, there are stance where an appropriation may be required to effectu­ numerous instances in which the issue has never been sub­ ate a settlement that might be made, it is necessary to mitted to the Senate and in which the Executive, under his submit the matter to the Congress. general authority to conduct foreign relations, has referred The second is that where a treaty is required to effectuate cases to arbitration. a settlement it is necessary to submit the matter to the There has been prepared, at my request, a memorandum Senate for its advice and consent. But in all other cases, by the State Department showing some 40 cases in which under the Constitution the President has the power with­ the United States has submitted, through an exchange of out the advice and consent of the Senate, and without the notes or by Executive agreement or otherwise, controversies approval of the legislative department, to conduct our for­ with other nations or with their nationals, and in which eign relations, including the settlement of disputes that may cases the subject matter has never been brought before the arise with other governments. Senate. Some of these cases are of very great importance. Mr. BORAH. Mr. President-- I do not know that I should take the time of the Senate to The PRESIDING O.FFICER (Mr. TRUMAN in the chair). read them all. Does the Senator from Arkansas yield to the Senator from Among the most celebrated international arbitrations to Idaho? which the United States has been a party, that have been Mr. ROBINSON. I yield. conducted under agreements not submitted to the Senate, Mr. BORAH. I did not understand the first proposition may be included the case of the Canada (United States> which the Senator stated as a limitation. against Brazil, in which an award of over $100,000 was made; Mr. ROBINSON. The first proposition is that if the pro­ the case of the Colonel Lloyd Aspinwall