,11680 CONGRESSIONAL RECORD - HOUSE July 27 Mr. JOHNSTON of South Carolina, Mr. CLEMENTS. Mr. President, I . WITHDRAWAL En bloc. wish to announce that tomorrow, fol­ The PRESIDING OFFICER. Without lowing the morning hour, the first order Executive nomination withdrawn from objection, the committee amendments of business will be the consideration of the Senate July 27, 1955: are rejected en bloc. H. R. 4774, the railroad-retirement bill, POSTMASTER The question. is on the third reading which will be followed by the call of John P. Ivers to be postmaster at Ocean­ and passage of the bill. the calendar to bills to which there is no lake, in the State of Oregon. The bill was read the third time and objection. passed. The PRESIDING OFFICER. The re­ quest of the Senator from Kentucky re­ AMENDMENT OF RAILROAD RE­ quires a modification of the existing HOUSE OF REPRESENTATIVES unanimous-consent agreement. TffiEMENT ACT OF 1937 AND THE WEDNESDAY,JULY27, 1955 RAILROAD UNEMPLOYMENT IN­ Mr. CLEMENTS. That is correct. I now ask unanimous consent that the SURANCE ACT modification be made. The House met at 12 o'clock noon. Mr. CLEMENTS. Mr. President, I The PRESIDING OFFICER. Without Rev. W. E. Howard, First Baptist move that the Senate proceed to the objection, the unanimous-consent agree­ Church, Victoria, Tex., offered the fol­ consideration of Calendar No. 1053, H. R. ment is so modified. lowing prayer: 4744. I wish it to be understood that Mr. CLEMENTS. I wish to announce Our Father which art in Heaven, hal­ it is not proposed to have this measure also that if time is available tomorrow, lowed be Thy name. Thy Kingdom debated today; it is merely to be made the measures which are not considered come. Thy will be done on earth, as it the unfinished business. to be calendar business, and which do is in Heaven. The PRESIDING OFFICER. The bill not pass on the call of the calendar, will will be stated by title for the informa­ be subject to consideration by the Senate, We thank Thee that we have assur­ tion of the Senate. if they can be properly programed under ance today that our prayers are heard. The LEGISLATIVE CLERK. A bill (H. R. the normal procedure. We know that it is because of Thy Son 4744) to amend the Railroad Retirement and His atoning work. Act of 1937, as amended, and the Rail­ Our hearts are filled with gratitude road Unemployment Insurance Act. ADJOURNMENT TO 11 A. M. for Thy providence that has overshad­ The PRESIDING OFFICER. The TOMORROW owed our Nation through the years. We question is on agreeing to the motion praise Thy name, O Lord, for the heri­ of the Senator from Kentucky, The PRESIDING OFFICER. What is tage that is ours, for those who have The motion was agreed to; ans the the pleasure of the Senate? worked, suffered, and sacrificed to pre­ Senate proceeded to consider the bill. Mr. CLEMENTS. Mr. President, if serve our liberties. We ask Thy bless­ there is no further business to come be­ ings to continue· upon us according to fore the Senate, I move, in accordance ORDER FOR ADJOURNMENT TO 11 Thy loving kindness and tender mercies. · with the order previously entered, that We pray for his honor, the President A. M. TOMORROW the Senate stand adjourned until 11 of our United States. Sustain and guide Mr. CLEMENTS. Mr. President, I ask o'clock tomorrow morning. him. unanimous consent that when the Sen­ The motion was agreed to; and (at 5 o'clock and 54 minutes p. m.) the Senate Continue Thy blessings upon the ate completes its work today, it stand chairman of this assembly. Grant unto adjourned until 11 o'clock tomorrow adjourned, the adjournment being under him Thy grace. morning. the order previously entered, until to­ The PRESIDING OFFICER. Without morrow, Thursday, July 28, 1955, at 11 Bless this assembly. Give each one objection, it is so ordered. o'clock a. m. courag_e,_conviction, and vision that will be pleasing in Thy sight. As they serve Thee and Thy people, grant to them PROGRAM FOR TOMORROW NOMINATIONS peace and joy that comes because of Mr. CLEMENTS. On tomorrow, it is your purpose and presence with us. Let proposed to have the Senate consider Executive nominations received by the Thy pleasure shine upon the people they the treaty with Panama, which is on the Senate July 27, 1955: represent. Executive Calendar. DEPARTMENT OF STATE Forgive our sins, we pray in the name Besides H. R. 4744, relating to the Francis O. Wilcox, of Iowa, to be an Assist­ of Jesus Christ. Amen. amendment of the Railroad Retirement ant Secretary of State. The Journal of the proceedings of Act, which has been made the unfinished INTERNATIONAL DEVELOPMENT ADVISORY BOARD business, it is proposed to have the Sen­ Eric A. Johnston, of Washington, to be yesterday was read and approved. ate consider the following bills: Chairman of the International Development Calendar No. 1085, S. 2442, to provide Advisory Board. for Federal cooperation in non-Federal MESSAGE FROM THE SENATE projects and for participation by non­ A message from the Senate, by Mr. Federal agencies in Federal projects, and CONFffiMATIONS Carrell, one of its clerks, announced that for other purposes. Executive nominations confirmed by the Senate had passed, with amendments Calendar No. 1152, s. 2630, to facili- the Senate July 27. 1955: in. which the concurrence of the House . tate the establishment of local self-gov­ DIPLOMATIC SERVICE is requested, a bill of the House of the ernment at the communities of Oak Julian F. Harrington, of Massachusetts, . following title: Ridge, Tenn., and Richland, Wash., and to be Ambassador Extraordinary and Pleni­ to provide for the disposal of federally potentiary of the United States of America H. R. 7301. An act to amend the Rubber owned properties of such communities. to the Republic of Panama. Producing Facilities Disposal Act of 1953, as These bills will be taken up tomorrow, Charles W. Yost, of New York, to be Am­ heretofore amended, so as to permit the dis­ following the call of the calendar of bills bassador Extraordinary and Plenipotentiary posal thereunder of Plancor No. 980 at In• not objected to. of the United States of America to the King­ stitute, W. Va. Mr. KNOWLAND. May I inquire of dom of Laos. The message also announced that the the distinguished acting majority leader MINT OF THE UNITED STATES AT SAN FRAN• Senate had passed a bill of the following if he has determined whether the nom­ CISCO, CALIF. title, in which the concurrence of the ination which was reported adversely Arthur C. Carmichael, of California, to be House is requested: will be considered tomorrow or · on Superintendent of the Mint of the United Friday? States at San Francisco, Calif. S. 56. An act authorizing construction of certain public works on the Mississippi Mr. CLEMENTS. If time permits to­ TAX COURT OF THE UNITED STATES River for the protection of St. Louis,· Mo. morrow, I should like to have the nomi­ Craig S. Atkins, of Maryland, to be judge nation considered, and shall so move. of the 'fax Court of the United States for The message also announced that the Mr. KNOWLAND. I thank the Sen­ . the unexpired term of 12 years from June 2, ·senate had ·passed, with amendments in ator. 1950. which the concurrence of the House is 1955 CONGRESSIONAL RECORD - HOUSE 11681 requested, a bill of the House of the fol­ present for consideration. Naturally he or constructs a new residence within 4 lowing title: will not have time to discuss or to ex­ years from the date of selling his old resi­ H. R. 7278. An act making supplemental plain them; neither will I, but may I say dence. But the tax treatment is re­ appropriations for the fiscal year ending that all of them have been thoroughly stricted to sales ·of residences occurring June 30, 1956, and for other purposes. considered by the Committee on Ways after December 31, 1953, by the 1954 and Means and this committee has code, while the 1939 code, which applies The message also announced that the unanimously agreed to and recom­ to cases wt.ere the sale of such residences Senate insists upon its amendments to mended the passage of all these bills to occurred prior to January 1, 1954, im­ the foregoing bill, requests a conference the House of Representatives. poses a January 1, 1954, cutoff date. The with the House on the disagreeing votes With that, Mr. Speaker, I shall ask resulting hiatus operates to deny the of the two Houses thereon, and appoints that I may be permitted to extend my privilege of postponing the running of Mr. HAYDEN, Mr. RUSSELL, Mr. CHAVEZ, remarks at the conclusion of the consid­ the replacement period beyond Decem­ Mr. ELLENDER, Mr. HILL, Mr. STENNIS, eration of each of these bills as they are ber 31, 1953, for those who, while on ex­ Mr. BRIDGES, Mr. SALTONSTALL, Mr. taken up. tended active duty, sold their residences YOUNG, Mr. KNOWLAND, and Mr. THYE · Mr. McCORMACK. Mr. Speaker, will prior to January 1, 1954. to be the conferees on the part of the the gentleman yield? H. R. 257 removes the resulting dis­ Senate. Mr. JENKINS. I yield to the distin­ crimination against those who sold their The message also announced that the guished gentleman from Massachusetts. residences prior to January 1, 1954, by Senate agrees to the report of the com­ Mr. McCORMACK. Mr. Speaker, I amending the 1939 Internal Revenue mittee of conference on the disagreeing want to congratulate the chairman of Code to conform with the changes made votes of the two Houses on the amend­ the Committee on Ways and Means and in the 1954 code. ments of the Senate to the bill respect to rents received during tax­ ever, with respect to members of the able years ending after December 31, 1945, to object, I want to take this time to Armed Forces of the United States who and before January 1, 1954, lf such rents make a short statement. The Ways and are on extended active duty after the ·were received for the use by the lessee, in Means Committee has recommended date of such a sale, existing law provides the operation of a bona :fl.de commercial, in­ ·unanimously several bills that the distin­ that the time limitations just mentioned dustrial, or mining enterprise, of property .guished gentleman from Tennessee will will not apply if the taxpayer purchases of the taxpayer." 11682 CONGRESSIONAL RECORD - HOUSE 'July 27 With the following committee amend­ (other than fees paid to a -public official) for news, not including delivery or distribution services performed ,by an employee for his to any point for subsequent delivery or dis• ment: employer, including th~ cash value of all tribution; or · Strikeout all after the enacting clause and remuneration paid in any medium other than "(B) for services performed by an indi­ insert "That section 223 of the Revenue Act cash; except that such term shall not include vidual in, and at the time of, the sale of 1950 (relating to use of corporation prop­ remuneration paid- of newspapers or magazines to ultimate con­ erty by a shareholder) is hereby amended "(1) for active service as a member of the sumers, under an arrangement under which by striking out 'January 1, 1950' and insert­ Armed Forces of the United States performed the newspapers or magazines are to be sold ing in lieu thereof 'January 1, 1954'. in a month for which such member is en­ by him at a fixed price, his compensation "SEC. 2. No interest shall be allowed or titled to the benefits of section 112; or being based on the retention of the excess of paid on any overpayment resulting from the " ( 2) for agricultural labor ( as defined ill such price over -the amount at which the amendment made by the first section of this sec. 3121 (g)); or newspapers or magazines are charged to him, act." "(3) for domestic service in a private home, whether or.not he is guaranteed a minimum local college club, or local chapter of a col­ amount of compensation for such services, The committee amendment was lege fraternity or sorority; or or is entitled to be credited with the unsold agreed to. " ( 4) for service not in the course of newspapers or magazines turned back; or The bill was ordered to be engrossed the employer's trade or business performed " ( 11) for services not in the course of the and read a third time, and was read the in any calendar quarter by an employee, employer's trade or business, to the extent third time, and passed. unless the cash remuneration paid for such paid in any medium other than cash; or The title was amended so as to read: service is $50 or more and such service is "(12) to, or on behalf of, an employee or performed by an individual who is regularly his beneficiary- "A bill to amend section 223 of the Reve­ employed by such employer to perform such nue Act of 1950, relating to the use of " (A) from or to a trust described in sec­ service. For purposes of this paragraph, an tion 401 (a) which is exempt from tax under corporation property by a shareholder." individual shall be deemed to be regularly section 501 (a) at the time of such pay­ A motion to reconsider was laid on the employed by an employer during a calendar ment unless such payment is made to an table. quarter only if- employee of the trust as remuneration for Mr. COOPER. Mr. Speaker, H. R. " ( A) on each of some 24 days during such services rendered as sucli employee and not 2553 qualifies the application of sec­ quarter such individual performs for such as a beneficiary of the trust; or tion 502 (f) of the Internal Revenue employer for some portion of the day service "(B) under or to an annuity plan which, Code of 1939 to provide that personal not in the course of the employer's trade or at the time of such payment, meets the re­ holding company income is not to in­ business; or quirements of section 401 (a) (3), (4), (5), "(B) such individual was regularly em­ and (6) ." clude rents received during taxable years ployed (as determined under subparagraph ended after December 31, 1945, and be­ (A)) by such employer in the performance of With the following committee amend­ fore January 1, 1954, if the rents are such service during the preceding calendar ment: paid for the use of property of a corpora­ quarter; or '.'(5) for services by a citizen or resident Page 4, line 4, strike out "such" and in­ tion which is used in the operation of a sert "any." bona fl.de commercial, industrial or min­ of the United States for a foreign govern­ ment or an international organization; or The committee amendment was agreed ing enterprise. The steps taken by this "(6) for services performed by a nonresi• bill are necessary to relieve the anoma­ dent alien individual, other than- to. lous situation existing under present law " (A) a resident of a contiguous country The bill was ordered to be engrossed whereby the rental of property by a cor­ who enters and leaves the United States at and read a third time, was read the poration to its principal stockholders in frequent intervals; or third time, and passed, and a motion to these cases is simple income, with respect "(B) a resident of Puerto Rico if such serv­ reconsider was laid on the table. to the years 1946 through 1949 and for ices are performed as an employee of the Mr. COOPER. Mr. Speaker, under United States or any agency thereof; or 1954 and subsequent years, but is classi­ "(7) for such services, performed by a non­ present law the withholding provisions fied as personal holding company income resident alien individual who is a resident of the Internal Revenue Code operate to subject to the penalty surtax of 75 or 85 of a contiguous country and who enters and require an employer who is doing busi­ percent for the years 1950 through 1953. leaves the United States at frequent inter­ ness in Puerto Rice or a possession of The Committee on Ways and Means vals, as may be designated by regulations the United States to deduct not only voted unanimously to remove this anom­ prescribed by the Secretary or his delegate; or the Federal income tax, but in addition aly and reported H. R. 2553 unanimously. "(8) (A) for services for an employer the income tax of Puerto Rico or of the I urge its adoption by the House. (other than the United States or any agency thereof)- possession as well. Jobs in Puerto Rico Mr. JENKINS. Mr. Speaker, H. R. "(!) performed by a citizen of the United or in the United States possessions are 2553 amends section 502 (f) of the In­ States if, at the time of the payment of such made unattractive to potential em­ ternal Revenue Code of 1939, as amended remuneration, it is reasonable to believe that ployees by this double withholding. The by section 223 of the Revenue Act of such remuneration will be excluded from requirement is also unnecessary since 1950, relating to the use of corporation gross income under section 911; or the foreign-tax credit usually permitted property by a shareholder. The bill was "(ii) performed in a foreign country or in to such employees eventually relieves the reported unanimously by the Committee a possession of the United States by such a employee of all or most of the Federal citizen if, at the time of the payment of such on Ways and Means. remuneration, the employer is required by income-tax· liability. · the law of such foreign country or possession To rectify this situation H. R. 4394 pro­ AMENDING SECTION 3401 OF THE of the United States to withhold income tax vided that an employer-other than the upon such remuneration; or United states Government-need not INTERNAL REVENUE CODE OF 1954 "(B) for services for an employer (other withhold the Federal income tax from Mr. COOPER. Mr. Speaker, by direc­ than the United States or any agency there­ amounts paid as compensation for per• tion of the Committee on Ways and of) performed by a citizen of the United States within a possession of the· United sonal services performed in a possession Means, I ask una.nimous consent for the States ( other than Puerto Rico) , if it is of the United States or Puerto Rico if immediate consideration of the bill (H. R. reasonable to believe that at least 80 percent the law of the possession or Puerto Rico 4394) to amend section 3401 of the In­ of the remuneration to be paid to the em­ requires the withholding of income on ternal Revenue Code of 1954, which was ployee by such employer during the calendar amounts paid for such services. reported favorably unanimously by the year will be for such services; or This bill was unanimously reported by Committee on Ways and Means. "(C) for services ~or an employer (other the Committee on Ways and Means. I The Clerk read the title of the bill. than the United States or any agency there­ of) performed by a citizen of the United urge its adoption. The SPEAKER. Is there objection to States within Puerto Rico, if it is reasonable Mr. JENKINS. Mr. Speaker, H. R. the request of the gentleman from Ten­ to believe that during the entire calendar 4394 amends section.3401 of the Internal nessee? year the employee will be a bona fide resi­ Revenue Code of 1954 to provide that There was no objection. dent of Puerto Rico; or there is to be no withholding of United The Clerk read the bill, as follows: "(9) for services performed by a duly or­ States income tax on remuneration paid Be it enacted, etc., That subdivision (a) of dained, commissioned, or licensed minister for services performed in a possession section 3401 of the Internal Revenue Code of a church in the exercise of his ministry of the United States by a United States of 1964 is amended to real as follows: or by a member of a religious order in the exercise of duties required by such order; or citizen if the employer is required by "SEC. 3401. Definitions. . "(10) (A) for services performed by an in­ law of the possession to withhold in• "(a) Wages: For purposes of this chapter, dividual under the age of 18 in the delivery come tax on the remuneration. In other the term 'wages' means all remuneration or distribution of newspapers or shopping words, this bill is intended to prevent 1955 CONGRESSIONAL RECORD - HOUSE 11683 double withholding. It was reported The bill was ordered to be engrossed With the following committee amend­ unanimously by the Committee on Ways and read a third time, was read the third ments: and Means. time, and passed, and a motion to recon­ Page 1, line 5, strike out "six" and insert sider was laid on the table. "6." Mr. COOPER. Mr. Speaker, present Page 1, strike out line 6 down to and in­ AUTHORIZING SUBPENAS IN CON­ law provides no authority to the Secre­ cluding line 4 on page 2 and insert: NECTION WITH ENFORCEMENT OF "SEC. 2. The amendment made by the first tary of the Treasury to subpena wit­ section of this act shall apply with respect to NARCOTIC LAWS nesses or to order the production of books taxa):>le years after December 31, 1954, but Mr. COOPER. Mr. Speaker, by direc­ and records with respect to the enforce­ only with respect to options exercised after ment of the laws of the United States such date." tion of the Committee on Ways and relating to narcotic drugs and mari­ Means I ask unanimous consent for the huana. This lack of authority handi­ The committee amendments were immediate consideration of the bill caps enforcement officers.of the Treasury agreed to. (H. R. 7018) to authorize subpenas in Department who can obtain subpenas The bill was ordered to be engrossed connection with the enforcement of the through the Federal courts only upon a and read a third time, was read the third narcotic laws, and for other purposes, time, and passed, and a motion to recon­ which was reported favorably unani­ showing of sufficient evidence. H. R. 7018 would grant the Secretary sider was laid on the table. mously by the Committee on Ways and of the Treasury authority to summon Mr. COOPER. Mr. Speaker, among Means. persons, papers, and books and records the special rules provided in the Inter­ The Clerk read the title of the bill. to assist in the enforcement of the nar­ nal Revenue Code for employee re­ The SPEAKER. Is there objection to cotic and marihuana laws of the United stricted stock options there is a pro­ the request of · the gentleman from States. In addition, the bill will estab­ vision that requires an employee to exer­ Tennessee? lish a contempt procedure as a means of cise any option granted to him within 3 There was no objection. compelling compliance with any .sum­ months of the time that the employee The Clerk read the bill, as follows: mons issued pursuant to the authority quits the service of the granting em­ Be it enacted, etc., That, for the purpose granted. ployer. of any investigation which, in the opinion The Treasury Department recom­ Frequently this rule works hardships of the Secretary of the Treasury, is neces­ mended this bill, and it was unanimously upon employees who, upon being sepa­ sary and proper to the enforcement of the reported by the Committee on Ways and rated from the service of an employer, laws of the United States relating to narcotic Means. I there!ore urge its adoption by :find it necessary to devote their atten­ drugs and marihuana, the Secretary of the tion to :finding a new job, or to adjust­ Treasury is empowered to administer oaths the House. Mr. JENKINS. Mr. Speaker, H. R. ing themselves to a new position. While and affirmations, subpena witnesses, compel so engaged they often overlook the ne­ their attendance, take evidence, and require 7018 authorizes the Secretary of the the production of any records (including Treasury to administer oaths and affir­ cessity for exercising their stock option books, papers, documents, and tangible mations, subpena witnesses and compel within the 3-month period presently per­ things which constitute or contain evidence) their attendance, take evidence, and re­ mitted. In addition, the individual may which the Secretary of the Treasury finds quire the production of any records find himself short of funds in the period relevant or material to the investigation. which the Secretary :finds necessary or immediately after separation from a job The attendance of witnesses and the produc­ relevant to an investigation in connec­ because of unusual expenses incurred in tion of records may be required from any moving to a new location or adjusting place in any State or in any Territory or tion with the enforcement of laws per­ other place subject to the jurisdiction of the taining to narcotic drug~ and marihuana. himself to new circumstances. For these United States at any designated place of The bill was reported unanimously by the reasons, H. R. 7064 extends the time in hearing: Provided, That a witness shall not­ Committee on Ways and Means. which an employee may exercise a re­ be required to appear at any hearing distant stricted stock option to within 6 months more than 100 miles from the place following separation from the service where he was served with subpena. Wit­ EXTENDING PERIOD FOR EXERCISE of the employer who grants the option. nesses summoned by the Secretary of This bill has been reported unani­ the Treasury shall be paid the same fees OF RESTRICTED STOCK OPTIONS AFTER TERMINATION OF EM­ mously by the Committee on Ways and and mileage that are paid witnesses in the Means. I urge that it be passed. courts of the United States. PLOYMENT SEC. 2. A subpena of the Secretary of the Mr. JENKINS. Mr. Speaker, H. R. Treasury may be served by any person des­ Mr. COOPER. Mr. Speaker, by direc­ 7064 amends the stock option provision ignated in the subpena to serve it. Service tion of the · Committee on Ways and contained in section 421 of the Internal upon a natural person may be made by per­ Means, I ask unanimous consent for the Revenue Code of 1954. It provides that sonal delivery of the subpena to him. Serv­ immediate consideration of the bill (H. an employee who has been separated ice may be made upon a domestic or foreign R. 7064) to amend section 421 (a) of the from the service of an employer issuing corporation or upon a partnership or other Internal Revenue Code of 1954 to extend a stock option is to have until 6 months unincorporated association which is subject the period for exercise of restricted stock after such separation, instead of 3 to suit under a common name, by delivering options after termination of employ­ the subpena to an officer, a managing or months as is provided by present law, general agent, or to any other ~gent author­ ment, which was reported favorably to exercise such option if he is to ob­ ized by appointment or by law to receive unanimously by the Committee on Ways tain the tax deferment and capital service of process. The affidavit of the per­ and Means. gains treatment provided for restricted son serving the subpena entered on a true The Clerk rea~ the title of the bill. stock options. The change made by this copy thereof by the person serving it shall The SPEAKER. Is there objection to bill is to be effective with respect to be proof of service. the request of the gentleman from Ten­ stock options exercised after December SEC. 3. In case of contumacy by, or re­ nessee? 31, 1954 in the case of years ending fusal to obey a subpena issued to, any per­ There was no objection. son, the Secretary of the Treasury may after that date. This bill was reported invoke the aid of any court of the United The Clerk read the bill, as fallows: unanimously by the Committee on Ways States within the jurisdiction of which the Be it enacted., etc., That the last sentence and Means. investigation is carried on or of which the of section 421 (a) of the Internal Revenue subpenaed person is an inhabitant, carries Code of 1954 is amended, by striking out '. '3 on business or may be found, to compel com­ months" and inserting in lieu thereof "6 ALLOWANCE OF CREDITS FOR pliance with the subpena of the Secretary months." DIVIDENDS of the Treasury. The court may issue an SPECIAL RULE FOR PRIOR TERMINATIONS order requiring the subpenaed person to SEC. 2. The period of 1 year referred to in Mr. COOPER. Mr. Speaker, by direc­ appear before the Secretary of the Treasury the last sentence of section 421 (a) of the tion of the Committee on Ways and there to produce records, if so ordered, or to Internal Revenue Code of 1954 shall in no Means, I ask unanimous consent for the give testimony touching the matter under event be deemed to expire prior to 6 months immediate consideration of the bill investigation. Any failure to obey the order after the date of enactment of this act. 7282) of the court may be punished by the court (H. R. relating to the allowance as a contempt thereof. All process in any EFFECTIVE DATB of the credits for dividends received, for such case may be served in the judicial dis­ SEC. 3. The provisions of sections 1 and 2 dividends paid, and for a Western Hemi­ trict whereof the subpenaed person is an shall be effective only with respect to trans­ sphere trade corporation in computing inhabitant or wherever he may be found; fers of stock made _after December 31, 1953. the alternative tax of a corporation with 11684' CONGRESSIONAL RECORD - ·HOUSE July 27. respect to its capital gains, wpich was the incorporate dividends-received .cred­ taxpayer during a taxable year as the result . reported favorably unanimously by the it, the credit for dividends paid on cer­ of an award in a civil action for infringe-. tain preferred stock of utility corpora­ ment of a patent issued by the United States, Committee on Ways and Means. then the tax attributable to the inclusion The Clerk read the title of the bill. tions and the credit for Western of such amount in gross income for the tax­ The SPEAKER. Is there objection to Hemlsphere trade corporations by in­ able year shall not be greater than the the request of the gentleman from Ten­ cluding in the net income of the cor­ aggregate of the increases in taxes which nessee? poration the excess of net long t~rm would have resulted if such amount had There was no objection. capital gains over short term capital been included in gross income in equal in­ The Clerk read the bill, as follows: losses. · stallments for each month during which This bill waf: unanimously reported by such infringement occurred.' Be it enacted, etc., That section 117 ( c) "(b) The table of sections for such part I '(l) (A) of the Internal Revenue Code of the Committee on Ways and Means. I is hereby amended by striking out 1939 is hereby amended by inserting after urge its adoption by the House. "'Sec. 1304. Rules applicable to this part.• the word "reduced" the following: " ( except Mr. JENKINS. Mr. Speaker, H. R. 7282 and inserting in lieu thereof the following: for the purposes of determining the credits provides that in the computation of the "'Sec. 1304. Compensatory damages for allowable under subsections (b), (h), and credits for corporate dividends received, patent infringement. (i) of section 26) ." "'Sec. 1305. Rules applicable to this part.' SEc. 2. The amentment made by section 1 for dividends paid on certain preferred stock and for Western Hemisphere trade "SEC. 2. The amendments made by the first shall be applicable with respect to taxable section of this act shall apply with respect years beginning after December 31, 1951, and corporations, a corporation's net inc?me to taxable years ending after the date of. before January 1, 1954. under the 1939 Code is to be determmed the enactment of this act, but only with With the following committee amend­ without reduction for the excess of the respect to amounts received or accrued after long-term capital gain over the net such date as the result of a wards made after ment: short-term capital loss. This bill was such date." Page 2, line 2, after the period insert "No reported unanimously by the Committee interest shall be allowed or paid on any The committee amendment was agreed overpayment res·..llting from such amend­ on Ways and Means. to. ment." The bill was ordered to be engrossed The committee amendment was agreed TAX TREATMENT OF INCOME RE­ and read a third time, was read the third to. CEIVED FROM PATENT INFRINGE­ time, and passed, and a motion to re­ The bill was ordered to be engrossed MENT SUITS consider was laid on the table. and read a third time, was read the Mr. COOPER. Mr. Speaker, the an­ Mr. COOPER. Mr. Speaker, by direc­ nual system of accounting presently re­ third time, and passed, and a motion to tion of the Committee on Ways and reconsider was laid on the table. quired by our income tax laws operates Means, I ask unanimous consen~ for the to deprive a person receiving a judicial Mr. COOPER. Mr. Speaker, the in­ immediate consideration of the bill evacuation routes leading from target areas, way or other purposes in connection with the for acquisition of rights-of-way in antici­ as designated by the Administrator of the prosecution of any projects for the construc­ pation of construction and under such rules Federal Civil Defense Administration, and tion, reconstruction, or improvement of any and regulations as the Secretary might pre­ providing such lateral feeder and distribut­ section of the national system, the Secre­ scribe, in amounts equal to 10 percent of ing routes as may be required to furnish tary is authorized, in the name of the United the funds apportioned and available to the maximum utility of the system. The Secre­ States and prior to the approval of title by State within any category of any system un­ tary shall include in the annual report called the Attorney General, to acquire, enter upon, der this act, for said aquisition of rights­ for under section 8 hereof a statement show­ and take possession of such lands or inter­ of-way for roads to be constructed within a ing what designations have been made dur­ ests in lands by purchase, donation, con­ 5-year period following the fiscal year in ing the prior calendar year. demnation, or otherwise in accordance with which such request is made on the same par­ SEC. 10. All agreements between the Sec­ the laws of the United States (including the ticipation basis as provided by this act for retary and the State highway department act of Feb. 25, 1931; 46 Stat. 1421), if- any such system. for the construction of projects on the na­ ( 1) the Secretary has determined either (b) In order to permit the initiation of tional system may contain a clause provid• that such State is unable to acquire nec­ this program for the national system at the ing that the State will not add any points essary interests in lands, or is unable to earliest possible time, the Secretary, in addi­ of access to, or exit from, the project in acquire such lands or interests in lands with tion to his existing authority to enter into addition to those approved by the Secretary sufficient promptness; and contractual obligations, is authorized to in the plans for such project, without the . (2) such State has agreed with the Secre­ make reimbursements or advances to the prior approval of the Secretary. Such agree­ tary to pay, at such time as may be specified States for construction with respect to sec­ ments shall also contain such provisions as by the Secertary, an amount equal to 10 tion 2 hereof, in an amount not to exceed the Secretary fe~ls necessary to insure that per centum of the costs incurred by the Sec­ $500 million during the fiscal year ending the users of the national system will receive retary in acquiring such lands or interests in June 30, 1956: Provided, That the funds ex­ the benefits of free competition in purchas­ lands. pended hereunder shall be credited against ing supplies and services at or adjacent to The authority granted by this section shall sums apportioned to the State in which highways in such system, and such agree­ also apply to lands and interests in lands expended for projects under the provisions ments shall also contain a clause providing received as grants of land from the United of section 2 of this act. that the State will not permit automotive 11702: CONGRESSIONAL RECORD - HOUSE July 27. service stations or other commercial estab­ of 1954 as aut}:lorlze appropriations for the to the utilities because the State acquires Ushments to be constructed or located on fl.seal year ending June 30, 1957, are hereby the use of the highways for the utilities the right-of-way of the national system in repealed. under a contract. That contract spe­ such State. SEC. 16. The provisions of section 13 of the cifically states that in the event of im­ SEC. 11. The Secretary of Commerce shall Federal-Aid Highway Act of 1950 shall not take such action as may be necessary to be applicable to projects constructed pur­ p,rovements to .the highways or to the insure that all laborers and mechanics em­ suant to section 2 of this act. streets the utility will bear the cost of ployed by contractors or subcontractors on SEC. 17. All provisions of the Federal-Aid relocating its properties on the various· the initial construction work performed on Road Act of 1916, together with all acts rights-of-way. highway projects in the National System amendatory or supplementary thereto, not We already have in existing law what authorized under section 2 of this act shall inconsistent with this act, shall remain in is proposed here. If we write in a be paid wages at rates not less than those full force and effect and be applicable hereto. negative provision, it means every other prevalling on similar construction ln the All acts or parts of acts in any way incon­ State now not paying those utilities to immediate locality .as determined by the Sec­ sistent with the provisions of this act are retary of Labor in accordance with the act hereby repealed. relocate their lines will come to the Con­ of August 30, 1935, known as the Davis-Bacon SEc. 18. If any section, subsection, or other gress and 'say: It is a Federal responst-. Act (40) U. S. C., sec. 2'76-a). provision of this act or the application bility and the Federal Government SEC. 12. The Secretary is authorized to thereof to any person or circumstance is held should bear the cost up to an amount consider as part of the National System any invalid, the remainder of this act and the of almost $960 million. toll road, bridge, or tunnel, now or here­ application of such section, subsection, or Now, I believe it would be far better after constructed which meets the stand­ other provision to other persons or circum­ if we would leave the situation as it is ards adopted for the improvement of proj­ stances shall not be affected thereby. ects located on this system, whenever such SEC. 19. This act may be cited as the "Na­ now and let the States determine this road, bridge, or tunnel forms a logical seg­ tional System of Interstate and Defense question in their own State legislatures. ment of this system as presently designated Highways Act of 1955." Mr. CRAMER. Mr. Chairman, will or as may be hereafter designated. Where the gentleman yield? a road on which tolls a.re being collected Mr. FALLON. Mr. Chairman, I offer ·· Mr. JONES of Alabama. I yield to is incorporated in the National System, the a committee amendment. the gentleman from Florida. Secretary is authorized to approve connect­ The Clerk read as follows: Mr. CRAMER. In referring to the ing projects under this act to provide the Amendment offered by Mr. FALLON: language contained in the bill, the sec­ necessary continuous system of highways: Page 21, strike out lines 18 and 19 and tion that the gentleman is objecting to,. Provided, That agreement has been reached insert "routes is within the limits of a with the State prior to approval of any such municipal commercial zone as prescribed by I call attention to page 27, line 12. I am project that ( 1) the section of toll road the Interstate Commerce Commission." j_ust as .concerned about the constitu­ wm become free to the public upon retire­ Page 22, beginning in line 4, strike out "the tional provisions protecting the States as ment of any bonds outstanding at the time incorporated city limits of municipalities" anyone. It reads: "If approved by the of the agreement, (2) that all toll collections and insert "the limits of a municipal com­ State highway department." It is then are used for maintenance and operation and mercial zone as prescribed by the Interstate that they may reimburse, and therefore debt service of the section of road incor­ Commerce Commission." porated into the system, and (3) that there it is permissive on the part of the States. is one or more reasonably satisfactory alter­ Mr. FALLON. Mr. Chairman, this is. Mr. JONES of Alabama. But the gen­ nate free routes available to traffic by which simply perfecting language to carry out tleman knows, and I know, that those the toll section of the system may be by­ the intent of the committee. States not now being reimbursed for the passed. Where a toll bridge or tunnel is The CHAffiMAN. The question is on relocation of utilities are going to come incorporated in the National System, the forward on the passage of this bill and Secretary ls authorized to approve projects the committee amendment offered by the under this act approaching any such bridge gentleman from Maryland [Mr. FALLON]. insist on the repayment. Not a single or tunnel to a point where such project will The committee amendment was agreed highway director in the United States is have some reasonable use irrespective of to. for this provision, and every one of them its use for such bridge or tunnel. Mr. JONES of Alabama. Mr. Chair­ when polled by the gentleman from SEC. 13. The definition of the term "con­ man, I offer an amendment. Texas [Mr. GENTRY], wired back and struction" in section 1 of the Federal-Aid The Clerk read as follows: said that they were emphatically op­ Highway Act of 1944 is hereby amended to· posed to section 7 of the bill. Those are read as follows: Amendment offered by Mr. JONES of Ala­ "The term 'construction' means the super­ bama: Page 26, line 6, strike out section 7 the people down on the State level who vising, inspecting, actual building, and all and renumber the subsequent sections. are doing all this work, making the expenses incidental to the construction of plans, the drawings. The scheme of the a highway, including locating, surveying, Mr. JONES of Alabama. Mr. Chair­ whole thing is in the States. Now, if and mapping, cost of rights-of-way, cost of man, section 7 is the so-called utilities you want to complicate the situation, relocation of tenants, cost of demolition of section of the bill and provides that and if you want to put the States at a structures or removal of usable buildings to States may be reimbursed for payments new sites, including the cost of such sites, great disadvantage, with great burdens, made to utilities for the relocation of then keep in this section 7. It is not re­ and the elimination of hazards of railway their lines on public thoroughfares up grade crossings." stricted just to the interstate roads; it SEC. 14. (a) The Secretary of Commerce, to 50 percent of the cost, and not to applies to all the roads: It applies to to the extent he deems it necessary and ap­ exceed 2 percent of the project cost. the farm-to-market roads; it applies to propriate in order to carry out the provisions Now, here is the situation: Any State the interstate system, the urban and the of this act, is authorized to place two posi­ which now reimburses utilities for relo­ primary system. tions in the Bureau of Public Roads in grade cation does so in the amounts of Fed­ Mr. ALGER. Mr. Chairman, I rise in 18 and a total of 20 positions in grades eral apportionment. This is a proper support of the amendment. 16 and 17 of the general schedule established cost and charge under the present law by the Classification Act of 1949, as amended. Mr. Chairman, lest we lose something Such positions shall be in lieu of any posi­ which reimburses the States making here by default, I feel it necessary to tions in the Bureau of Public Roads pre­ those payments to the utilities up to speak up for those on our side who feel viously allocated under section 505 of such 50 percent of the cost. This is the ex­ very keenly about this matter. I wish to act. isting law. If the States do not want share in what has been said by the pre­ (b) The Bureau of Public Roads shall to pay for these utility relocation costs, ceding gentleman. I do not believe we hereafter be known as the Public Roads Ad­ they may follow such a course under should abrogate States' rights in this ministration, and the Office of the Commis­ the provisions of section 7 of this bill, sioner of Public Roads is hereby abolished. instance. I would like to call your at­ The bead of the Public Roads Administration which means that we are rewriting the tention to the additional minority views shall be an Administrator appointed by the property laws of the various States. on page 39. I would also like to mention President, by and with the .advice and con­ Mr. Chairman, we have peard various to you that in our hearings we learned sent of the Senate. The Administrator shall people espouse the cause of States rights, that 15 percent of the interstate high­ receive basic compensation at the rate pre­ yet we deny that principle as affirma­ way mileage is considered adequate, and scribed by law for assistant secretaries of tively as it can be written in the English it will not be necessary to move to a new executive departments, and shall perform language if we adopt section 7 which 11ucb duties as may be imposed upon him right-of-way. Therefore, as to the utni­ by law, regulation., or -orders of the Secretary would repudiate the principle of States ties on the existing rights-of-way, 85 of Commerce. rights. · percent of the highways having to be SEC. 15. So much of the first section and The State of Alabama, my own State, relocated, those· utilities can remain of section 2 of the Federal-Aid Highway Act does not provide for the reimbursement where they are. That is. not in the mi" 1955 · CONGRESSIONAL RECORD - HOUSE 11703 nority views, and I want you to know Utilities operated by private ownership nessee [Mr. DAVIS], has stated the op­ that. I are regulated by State public service position to this amendment- so well that I would like to conclude simply by say­ commissions. The earnings of these I am not going to repeat what he has ing let us work this out at the State level companies are carefully scrutinized by said except to say that there is an where it is being very satisfactorily han­ the commissions and their rates adjusted abundance of testimony before the com­ dled at the present time in view of all up or down so as to permit not more than mittee which documents what he has of the court of last-resort rulings. a reasonable return to the owners of the said. I want to read to you the testi­ Mr. JENSEN. Mr. Chairman, will the business. If costs increase because of mony of Mr. C. E. Houck, manager of gentleman yield? relocating facilities on Federal-aid roads, the Huntington and Centre Telephone Mr. ALGER. I yield to the gentleman the utilities will apply for rate increases Co. in Pennsylvania. His testimony is from Iowa. in order to maintain a reasonable level typical of an abundance of testimony Mr. JENSEN. The Members should of earnings, The National Association that was heard by the committee. understand that the REA power and tel­ of Railroad and Utilities Commissioners Mr. Houck represents a very small ephones, the mutual telephone compa­ have appeared before the Public Works telephone company, the type of com­ nies, big and little, the sewer systems of Committee on several occasions in be­ pany that the gentleman from Tennes­ the towns, the water systems, and gas half of reimbursement of utilities and see [Mr. PRIEST] referred to. He lines of the towns, big and little, as well testified that they are concerned about pointed out that in a 12-month period as private utilities are affected very det­ the necessity of increasing rates to com­ his company was forced to borrow rimentally if we strike this section from pensate for relocation costs. $10,000 on two relocation jobs. This does the bill. Private utilities are also owned Mr. Chairman, many have been insist­ not seem much, but when you consider by millions of people, so we are hurting ing that this would abrogate contracts. that this-sum of $10,000 represented 30 a lot of people if we strike this section It has been contended by opponents of percent of the total annual revenue of from the bill. This section· is fair and reimbursement that in some instances this company, it resulted in the com­ right and proper, in my honest, studied utilities occupy State roads under sol­ pany's being required to make an ap­ opinion. emn, valid, existing contracts in which plication for a raise in rates. Mr. Houck Mr. ALGER. I respect the gentle­ they agree to relocate their facilities at said this: man's views, but I disagree. their own expense. If this is true, sec­ We cannot continue to absorb these costs Mr. DAVIS of Tennessee. Mr. Chair­ tion 7 of H. R. 7474 will not affect such oyer which we have no control. We are man, I rise in opposition to the amend- contracts because the Constitution and afraid that any more will put us out of ment. . the courts of this land will not permit business since we cannot keep raising our Mr. Chairman, I hope the Committee Congress to abrogate a contract. Both rates. will take a reasonable view of this situa­ the utilities and their opponents state that State laws generally require utili~ As the gentleman from Tennessee [Mr. tion. I have in mind a little telephone DAVIS] pointed out, reimbursement does company in my district which serves a ties to pay for relocation expense. These laws result from the exercise of local po­ not apply only to privately owned utili­ rural section, which makes it possible for ties but also to the municipally owned a man in time of emergency to call a doc­ lice power and were developed in the days when roads were largely a matter of utilities. The mayor of Jacksonville, tor, or get some kind of assistance. The Fla., in his testimony said this: utility in my own city is publicly owned local concern-the so-called horse-and­ and it may surprise you to know that of buggy days when automobiles were just We are required to move our utilities and beginning to create traffic problems. expend the local taxpayers' money in the the 27,000 utilities in the United States, amount of one million and a half to $2 mil­ 15,000 or them are publicly owned and The utilities state they are not seeking lion, maybe in 1 or 2 budget years, which operated. any change in the law applicable to State funds we do not have, and we will have no Mr. PRIEST. Mr. Chairman, will the roads of the character to which these legal source for making these funds avail­ gentleman yield? laws were intended to apply. They seek able. Our city is no isolated case. relief from being-required to pay the en­ Mr. DAVIS of Tennessee. I yield to Mr. JONES of Alabama. Mr. Chair­ my colleague from Tennessee. tire cost of relocating their plant because of the construction of highways built man, will the gentleman yield? Mr. PRIEST. May I say to the gen­ Mr. SCHERER. I yield . tleman that he has expressed a view .under the Federal-aid road program in which I hold with reference to this par­ the interest of national defense and in- Mr. JONES of Alabama. . Does the ticular proposal. I hope the Committee terstate commerce. The modern limited gentleman recall whether the gentleman of the Whole will take a reasonable view access, dual-lane road creates problems from Jacksonville, Fla., who testified be­ of this language. In my own district, never contemplated when utilities placed fore the committee stated that he had just outside of the corporate limits of their facilities in highway rights-of-way, endeavored to obtain legislation in the Nashville, is a small utility water district Mr. Chairman, so I plead with you State legislature that would do the very that we take a very reasonable view of thing he advocated before our commit- that has suffered immensely in the last tee? · year or two because of the cost to the this situation because in many of the people of that little utility of moving States it is provided that full costs shall Mr. SCHERER. I do not recall such most of their mains. · be repaid on relocations. This only per­ testimony. If the gentleman says it is I associate myself with the gentleman mits the Highway Commission to ap­ there, I assume it is. in hoping that a reasonable view will be prove a 50-percent cost of relocation and Mr. JONES of Alabama. I asked a taken. in no case shall it exceed 2 percent of the question. I do not recall whether in­ Mr. DAVIS of Tennessee. I thank my total cost of the project. quiry was made along that line. colleague. Sometimes it is so easy to talk about Mr. SCHERER. The fact is that most Utilities affected by section 7 of H. R. utilities, but I repeat that in my own city people think that utilities are going to 7474 are of all types-private ownership, our own distribution of a.II the utilities, bear these costs. We all know that this public ownership, such as cities and water, gas, and electricity, is publicly is an increased-cost item which the vari­ towns, and cooperatives. Of the 27,000 owned. I say to you that in a great ous utility-regulating bodies consider utilities in the United States, more than many cases little villages which have when they fix rates. half or 15·,000 are publicly owned or co­ strained their credit to provide water There is no question but that these in­ operative. Of the 3,300 electric utilities and all that goes to make a, finer com­ creased costs will be passed on to the nearly 2,900 are operated by muncipali­ munity will be penalized to such an ex­ consumer and not to the utility. Fur­ ties, REA cooperatives or other public tent that in many cases they will not be thermore, we are not doing anything in ownership. able to survive, because if they had to this bill or in this section which is dif­ Utilities operated by public ownership spend $8,000 or $10,000 or $25,000 to re­ ferent from the practice which is fol­ are nonprofit in nature. Their revenues locate lines because of this program they lowed now and has been followed for come solely from rates or taxes. Any simply would not have the money with many years. We must remember today, increase in their costs of operation must which to do it. and as I say for many years, whenever result in higher rates or higher taxes Mr. SCHERER. Mr. Chairman, I rise a State provides reimbursement to a to be paid by citizens who have already in opposition to the amendment. utility for reallocation costs, the Federal paid their share of taxes fo1· Federal-aid Mr. Chairman, my colleague on the Government will match those funds. highway construction. committee, the gentleman from Ten- This section merely codifies existing CONGRE-SSIONAL RECORD:.:_ -HOUSE July 27 practices and existing law. · In 'fact, it: highway rebuilding . program. .. No one tution dearly would .. not permit legisla­ goes further and it limits existing prac-. ever dreamed of such an extensive and tion to abrogate valid and subsisting tices and existing law because it limits colossal program as is ·now contemplated contracts. . . . - . - '· . - . to 2 percent the amount for which re-' when utilities agreed in some States to We must remember that section 7 does imbursement can be made for each indi- pay relocation ·costs incident to normal not make the payment of this 50 percent vidual project. . highway changes. Large cloverleaf in_, for relocation costs mandatory. We Mr. DEMPSEY. Mr. Chairman, will tersections, which . require radical and' must remember that these 50-percent the gentleman yield? · costly utility changes, are for the gen­ reimbursement payments are made only Mr. SCHERER. I yield. eral welfare and the costs should not be­ when the individual State highway de­ Mr. DEMPSEY. Is it not true that a borne at the local level and by the con­ partment approves. The practice now is State completely controls whether or not sumers in the immediate area. and has been to provi9-e Federal match­ they will participate? Now, it is argued that utilities are in ing funds for those States which· now Mr. SCHERER. That is right, and I the highway right-of-way by sufferance; consider utility relocation charges as part may say the gentleman from New Mex­ that they pay nothing for the use of of the construction costs. · This section ico [Mr. DEMPSEY] offered the amend­ the right-of-way and ought to be grate­ codifies existing practices. In fact, it ment to this section which makes it nec­ ful for the privilege. Some have in­ curtails those practices· to some extent essary for the director of the State high..: ferred that if utilities press their claim by limiting to 2 percent the amount that ways to request or approve this expendi­ for reimbursement in this legislation they can be paid for relocation costs on each ture by the Federal Government. States might be thrown off the highways, individual project. rights are therefore protected. · Utilities are in the highways because · For the foregoing reasons, it is my be.: Mr. DEMPSEY. No money can be water, gas, electric, sewerage, and tele­ lief that the provision contained in sec­ paid unless the respective States them­ phone services are as important to the tion 7 for reimbursement of utility re­ selves make the recommendation. life and very existence of a home-of a locations is fair, equitable, and eminent­ Mr. SCHERER. No money can be community-as are any other commodi­ ly justified in view of the tremendous paid unless the State does that. There­ ties that are delivered to the homes of impact of the high way program now fore, no States' rights are infringed this country over our highways. In fact, contemplated. I hope it will be your upon. particularly in the cities, it would be pleasure to support the provision. Mr. DEMPSEY. I thank the gentle­ practically impossible to bring these Mr. GENTRY. Mr. Chairman, I move man. services to the people except through to strike out the last word~ Mr. SCHERER. It is usually popular the street. That is what streets and . Mr. Chairman, I have a·great amount to oppose utilities. In the past, as we all highways are for. of information which conveys the wishes know, utilities have been a convenient The fact is that no one pays for the of the States or the feelings of ·the whipping boy. There have been ceca.; actual use of the public rights-of-way. States in this matter, and I request sh.,ns when utilities, like all organizations This use is free. As an example, the unanimC'us consent that I be given per­ and individuals, have required curtail­ coal company which delivers coal to my mission to proceed for an extra 5 min.:. ment and chastisement. home has the free use of the right-of­ utes. · Today, however, when one opposes way. No one can stop this company. The CHAffiMAN. Is there objection utilities he is usually in opposition, as True it is that the coal company along to the request of the gentleman from in this legislation before us, to the vast with others by the payment of certain Texas? army of-consumers of water, gas, elec­ user taxes provides for the improvement Mr. MASON. Mr. Chairman, I am tric, telephone and sewerage services. of that right-of-way. That is, they pay constrained to object, since I have served As we all know, utilities are completely for the pavement which is necessary to .notice that I would do so and I am a man regulated and their rates fixed by various the operation of the vehicle in order to of my word. governmental agencies in the several bring coal to my house. Mr. · GENTRY. Mr. Chairman, just States. Even the money they are al­ · Now, on the other hand, you may heat what would this utility provision do? It lowed to earn is controlled to a great your house with gas. The gas company is designed solely to get a great sum of extent by the Public Utility Commission most likely is a private company just like money for the utilities, · money that is of the State. There is no question but the coal company. Both are businesses badly needed by the Government for that the costs to be incurred in moving to make a profit. The gas company, like highways and many other things, It is the gas, sewer and water pipes--the the coal company, has and should have to get money that the utilities are not electric conduits and telephone poles in the free use of the right-of-way. The now getting. It seeks to have the States the rebuilding of our highways will be coal company, as I have pointed out, ·contrary to their expressed wishes, a~ passed on to the consumers in increased helps pay for the pavement which is was repeatedly testified to· before our rates. For this reason the National As­ necessary for the delivery of its prod­ Committee on Public Works, to violate sociation of the 48 State Regulatory uct. The gas company pays for its pipe State laws which have legally been en­ Commissions bas vigorously supported which is its "pavement" for the delivery acted by their legislatures to settle the the principle of reimbursement for the .of its products. If the gas company gets problem . of utility ' occupancy of public cost of relocation both before the com.:­ more customers and, as a consequence, rights-of-way. · · · · mittee and by letter to you. must enlarge and replace its pipe, it must · Also contrary to the wishes of the However, not all utility consumers will pay for it. If in so doing it is necessary ·states, as was repeatedly· and ea:i;nestly bear these costs-only those consumers to tear up the pavement of the high,­ ,expressed ·before our Committee on Pub­ of companies, big or small, whose facili­ way it must replace it and bear the costs. lic Works,' it· seeks to have the Sta.tes ties happen to be in the way of the re­ Now if the highway becomes inadequate break the legal written contracts which building and widening of highways,- or to carry all the coal and other trucks, it 'they have made with the utilities at the whose plant sits in the center of a clover­ must be rebuilt and enlarged. If, in so 'utilities' request-as a result of which leaf intersection. These relocation costs ;doing, a gas pipeline must be moved, the utilities have sav·ed untold .sums of are not for their bepefit as utility con­ should not the company be reimbursed money. sumers but are for the benefit of the ,for the cost of moving it? It is just as · The utilities neither legally nor mor"." highway user and the welfare of the simple as that. ,ally are entitled to 1 cent of money. country as a whole. These consumers In the Fallon bill a long list ·of per- . More than 99 percent of the money and their companies must also pay their sons and companies who use gasoline, that would be_given under this provision share of the highway improvement costs diesel fuel, and tires are exempt from would go to companies not only not en­ in user and other taxes. We must keep the additional taxes imposed because titled- to it,· ·but companies that do not in mind that relocation costs bear no re­ their particular vehicles derive no direct need it. · . lation to the utility service provided, benefit from the new, highways. Why , Now I have heard a lot said here about They, the consumers, pay twice. should the utility consumer pay · when ;Some small utillt.y that. someone thinks Many small utilities, including munici­ be receives no benefit as a consumer? ,would · be unduly burrlened by this. Let pally owned water companies, will not It is _further argued that the reim_:. ·me say this· to you. The· highway de:. be able to stand the impact of reloca.:. bursement of utilities will interfere with partment.s have. employees · in every tion costs thrust upon them by this un­ States' rights and contracts. The com-..· county in this Union. If there fa a usual extensive and uncontemplated plete answer to this is that t1!e Consti- small utility that is unduly burdened by 1955 CONGRESSIONAL RECORD - HOUSE 11705 this _program the highway department nia, and I want you to listen especially to to locate facllities within the limits of a has the right. if it so desires, to beJP. this one: highway where feasible. Pennsyivania Con-. stitution prohibits use of motor-license them. It should be remembered that · Great bulk Callfornia's ut1lity problems funds (Pennsylvania highway maintenance when the State~ utm.ze .any rights-of­ are being resolved under terms master agree-· and construction funds) for cost of relocat­ way owned bY. the utillties. -tne utilities· menta with utility companies made pos­ ing utility facilities located o·n public high­ are paid in full. sible by legislation 1951-section 707.5 Cali­ ways. Department of Highways of Common­ fornia streets, highways code. wealth of Pennsylvania is opposed to any This provision seeks to pay the utm-· If.Congress should include provision high­ ties when they are not occupying their. provisions which may provide for payment way act payment to utilities out of highway to utilities to alter or adjust lines existing own rights-of-way but the rights-of-way funds it would· destroy entire legal back­ on public thoroughfares. of the States, rights-of-way paid for by· ground and repudiate utmty's contractual taxpayers, paid for by the road user's· obligations thereby diverting million dollars Here is one from Oklahoma: money. This is affirmative · action by from California's needed highway con­ Oklahoma statutes provide utility lines Congres.s to ·permit the payment to util­ struction. may occupy public right-of-way but must ities in violation of the utilities' own con­ Mr. SCHERER. Mr. Chairman, will move when requested by the State at their tracts to readjust their own facilities un­ the gentleman yield? own expense. Our highway commission in special session yesterday unanimously der these circumstances. Mr. GENTRY. I do not yield. adopted the following: "Oklahoma State Most of all it should be r,emembered Mr. GROSS. Is that from the Cali­ Highway Commission in meeting this date that this provision in this bill is here at fornia highway commissioner? unanimous in request that the permissive the instance· of the utilities; it is spon­ Mr. GENTRY. And he is the presi­ utility provision in the final draft of high­ sored by the utilities; it is the utilities dent of the State Association of Highway way bill be deleted:" Oklahoma Congress­ provision with a very big capital "U.'' men advised of commission action yester­ 9fficials. · day. This is nothing more nor less than a Experience in developing present working handout, a raid on a Treasury that can agreements leaves no room for dought that Here is one from the State of North ill afford it. situation would be practically hopeless if Carolina: Mr. Chairman, I now want to read. necessary reconcile· existing laws and agree­ This commission acting under State law several telegrams I received last Friday, ments and propose_d Federal provision. I has agreements with utilities by which ~hey and I ask that particular attention be cannot too strongly recommend that this agree to readjust and relocate their facm­ paid to them, because I believe the Mem-. matter of utility payments be kept at State ties to permit needed highway improvement bers are all interested. Here is a tele­ level. · ' in consideration of using highway rlghts­ gram from the highway department of. - Here is one from West Virginia: of-way. This commission is very much op­ posed to the provision of the proposed high­ Ohio: State Road Commission of West Virginia· way act providing for reimbursement to Ohio State laws permit public utilities to does have written ·agreement with utllities utilities for moving their facilities where occupy State highway right-of-way. But providing for remov:al and relocation of util­ t_hey are on highway rights-of-way. also require their being moved at no ex­ ity fac111ties at the cost of the utility when pense to the .State if area they occupy is· required for road improvement. We also· Here is one from the State of New needed· for highway. construction or recon­ have a statute requiring utility to pay such York: struction. We strenuously object -to pro-· cost and all court decisions of this State· State department public works requires posal to reimbu.i::se utilities in such cases. and opinions of our attorney general re­ written permit for all public utilities within quire that utility pay entire cost of reloca­ State highway rights-of-way. All permits Here is one from the State of Utah: tion when they are within our right-of-way. revocable. Permit form includes provision We would earnestly protest the permissive Feel that proposal in Congress to pay ut1lity_ that installation must be relocated as di­ utility provision in the final House draft in out of highway funds in controvention of rected by superintendent at expense of per­ that it would concentrate pressure on State written agreements. Statute and court de­ mittee _if future highway work is affected. highway officials and cause an almost intol­ cisions would place undue hardship upon New York State opposes paym~nt to utilities. erable sltuation. Regardless of the patent the highway program of West Virginia and· raid on sorely needed highway funds that is. would minimize benefit of any Federal aid Mr. Chairman, I have similar tele .. being made by the public utilities, we ~e would :receive. grams from all 48 States of the Union. strongly recommend a return to first prin­ Here is one from the State of Wash-· Mr. SMITH of Mississippi. Mr. Chair­ ciples that highway rights-of-way · are in­ ington: man, I rise in opposition to the motion tended primarily for highway purposes and offered by the gentleman from Texas. that the above-named classes of public utili­ All utility facilities, public or private, lo­ Mr. Chairman, we just heard the gen­ ties should pay for any adjustment of plant cated upon highway right-of-way are cov­ made necessary by the improvement of the ered by written agreements which require tleman from Texas say that all 52 States highways. their removal or relocation at holders' ex-­ are opposed to this provision. I did not pense, when right-of-way is needed for high­ know that we had that many States. I · Here is one from Massachusetts, one way construction or reconstruction purposes. thought we only had 48. of the old States of the Union: State of Washington statutes require agree­ In relation to his statement about the Massachusetts has no agreements y;ith ment holders to remove or relocate facilities States, he should have emphasized that any utilities relative to relocating their_ upon highway right-of-way when so notified he was talking about the State highway by director of highways at agreement hold­ facilities when necessary highway improve­ ers' expense. We oppose the provision in departments. There is a considerable ments require. Such facilities are merely, the House Public Works Committee highway amount of doubt as to how the States. within our highway location by sufferance, bill to reimburse the utilities for 50 percent­ stand on this amendment. I think you and the ut1lities pay 100 percent of the cost of the utilities cost of relocating fac1Uties could make just as strong a claim that all for relocating the same. Massachusetts is from Federal funds and urge Congress to 48 States favor the provision in the bill. strongly opposed to any legislation which strike this provision from the highway bill: The Association of Railroad and Public would permit paying part or all of the costs . Here is a telegram from the State of Utility Commissioners of the United for relocating utility facilities out of high­ 48 way funds, Federal or otherwise. South Dakota: States, representing regula.tory bodies. is on record in favor of the provision. Statutory provisions in South Dakota re­ The CHAIRMAN. The time of the quire utilities to obtain ·a permit to use I would like to call attention to empha.. gentleman from Texas has expired. right-of-way and on 90 days' notice they size the situation that in my own State Mr. GENTRY. Mr. Chafrman, I of­ are required to move facilities at their own· the highway commission favors this f er a prefer~ntial motion! , expense. I am very much opposed to utility­ ~mendment, but the public service com­ The Cle;rk read as follows: payment provisions in proposed Federal mission strongly opposes the amend­ highway legislation.- Mr. GENTRY moves that the· Committee do· ment. · The public service commission now · rise and report the blll back to the Here is a telegram from one of the­ has to wrestle with this problem of utu.. House with the recommendation that the. great States of this Union, the State of ities having to readjust the rates, be­ enacti,ng ~lause be. stricken, Pennsylvania: · cause they have to recapitalize upon oc-. casion when some of these relocation The CJr.t\ffiMAN:. The gentleman'. In Pennsylvania if utilitie_s _are located o:q costs come to them in unexpected fash .. from ·rrexas is recognized· for 5 minutes public righf-of-way they must relocate their ion, and these costs can come under this. in support of his motion. . . . fa.cllities at their' own sole ·cost and expense. If utilities are located on private right-of-· $32 billion program that we are about to ·Mr. G~~-- .Mr. , Chairman, here way Commonwealth Teimburses for cost· of· pass. · The chairman of the Mississippi is ..a telegram. fr.om ·the State of Califor-'. i:elocation: By law utiliti~s are au~h~rized, Pu"Qlic Service Com,mission say~ that he: . CI-·- ·-736 11706 CONGRESSIONAL RECORD-· HOUSE July 27 favors the reimbursement relocation cost Mr. Chairman, much has been said tions. They are the ones that will be provision of the Federal highway bill.· here yesterday and today, about this sec­ affected by this provision. There is no question about the stand in-· tion dealing with the relocation of utili­ Nearly every family uses one or more volved there. 1 ties, which would probably make it look· utility services. Unless there is reim­ There· has been a lot of talk about the to some that· this was an unethical or bursement,' these users of utility serv­ abrogation of contracts involved in this unfair provision. May I assure you that ices must contribute twice to Federal-aid legislation. The Constitution still pre­ that is positively not the case. highways-once in taxes and again in vails above any type of legislation which In the first place let me explain just the rates paid for utility services. we pass. The Constitution provides that what this provision says. It provides There are over 27,000 utilities in the contracts shall be honored. that payments can be made under this United States providing the services of Even though the Supreme Court has section of not more than one-half of the water, electricity, gas, sewers, telephone, .. done a lot of things recently that we do cost of relocating their facilities and in telegraph, and local transportation. In not approve of, but they have not gone no event can the payment exceed 2 per­ an average year only a small portion of so far as to allow Congress to abrogate cent of the cost of the highway project these 27,000 utilities-and hence the any valid contract, and no valid contract which necessitates the relocation. users of these services-are affected by will be abrogated by this legislation. We The gentleman from Texas has said Federal-aid highways. The study con­ are attempting in this legislation, with that 48-or even 52 States, ·4 States which ducted by the Secretary of Commerce, very severe limitations placed in it, to al­ ha:ve not yet joined the Union-are in pursuant to Section 11 of the Federal-· low some of this great c_ost that will come opposition to this provision. May I say Aid Highway Act of 1954, showed that to ease the burden upon any type of this, that I think he would be more cor­ approximately 700 utilities, less than utility system. It is not a question of rect if he would say that the 48 highway 3 percent, paid relocation costs of $24 need; it is a question of justice. commissioners of the States are in op­ million. Thus, the users of utility serv­ The cost involved can, upon occasion, position to the amendment. And I am ices furnished by 700 companies were for a small general utility system, be so not surprised that they are. required to contribute $24 million to Fed­ great that the entire system would have Mr. SCHERER. Mr. Chairman, will eral-aid highway construction which to be recapitalized and a new amortiza­ the gentleman yield? benefits all of the highway users of the tion base placed upon its services and its Mr. MACHROWICZ. I yield to the country. entire facilities. The amendment adopt­ gentleman. . This is a matter we want to correct ed in our bill would provide that no more Mr. SCHERER. Does any State that in this legislation. than 2 percent of the cost of the project does not want its utilities reimbursed Mr. Chairman, I believe that in the could be paid under these conditions, and have to take this money? interest not of the utilities but of the under most conditions the cost would not Mr. MACHROWICZ. No, of course utility users it is essential that this sec­ be 2 percent, especially in regard to the not. tion be retained in the bill. This sec­ small utilities for which we express con­ Mr. SCHERER. If the State does not tion differs from that which has been cern. agree, the utilities do not get it? approved in the other body. The gentleman from Texas has read Mr. MACHROWICZ. Absolutely. May Mr. KLUCZYNSKI. Mr. Chairman, letters and a lot of other things about I say this: The highway commissioners will the gentleman yield? this provision. He compared these re­ are there to build roads. That is their Mr. MACHROWICZ. I yield to the location costs with the situation in re­ primary duty. The railroad and the gentleman from Illinois. gard to ,private property on the question public-utilities commissioners are there Mr. KLUCZYNSKI. I want to com­ of relocation. When a man's private to protect the interests of the rate . pliment the gentleman on his wonder­ property is destroyed as a result of re­ payers. In practically all of the 48 ful statement. I agree with it in every location, he is paid in full for that dam­ States, as far as I know, there are none respect. age and not just 50 percent. These re­ which have not approved the provision Mr. POAGE. Mr. Chairman, I move location agreements that have been which is in this bill. to strike out the last three words. made by utilities in regard to the exist­ May I read a letter from the com­ · Mr. Chairman, I had hoped that I ing highway rights-of-way did not take mittee on legislation of the National might find it possible to restrain my into consideration the type of program Association of Railroad and Utilities feelings and not to impose on your time that would be in effect now in regard to Commissioners: in connection with this bill, but after this interstate system that will require Whether these utilities are publicly or hearing so many people get up here and such a large amount of new relocation. privately owned, the absence of reimburse­ bemoan the fate of the little REA co­ This is not a matter of favor to the ment will mean that the rate payer-the operatives and the little rural telephone utilities. I think the record is very clear user of the service-will be forced to pay for operations and the little, small towns, in regard to our past performance in the relocation. If the user is thus overlooked, he will be paying twice for highways, once so many people from the big cities be­ the House of Representatives who have in taxes and again in utility rates. In ad­ moaning what is happening to these been the friends of the private utilities. dition, the burden will fall unevenly on those little people in the rural areas, I felt This is the first time I have ever noticed rate payers who by accident of location are I should express a contrary view. the gentleman from Texas being on the in the path of proposed highways. Others I think this House knows I have been opposite side of any private utility. deriving approximately the same benefit interested in REA for a long time. I This is a matter of justice in regard from such highways will escape the burden believe this House wm · give me credit to how any utility, whether it be the entirely. for having some interest in the rural biggest corporation in the country or' the The statement has been made that a pro­ vision for reimbursement would abrogate ex­ telephone bill. I was the author of smallest small-town utility in the United isting contracts between utility services and that bill here in the House and I want States, will be treated fairly in regard to States in which they operate. Such an opin­ to see it succeed. I would not want this this matter. Actually we are trying to ion cannot be supported, for the Constitu­ program to destroy it. I am sure the decide here whether the utility rate tion would not permit legislation to abrogate Members who have spoken are also in­ payers will be the ones who will have to existing contracts. Furthermore, in view of terested in this program, but I do regret bear part of the cost of this highway the expanded highway program and changes seeing those worthwhile institutions used program or whether we will accept the in design and construction of highways, it would be highly inappropriate and inequi­ as a cat's-paw to try ·to rake in a billion fact that this relocation matter is just table to use arrangements made with States dollars for the big public utilities. another part of the cost, and we should in the past, which were designed to meet Everybody here knows that this pro­ keep it down within the severe limita­ entirely different conditions, as a bar to pro­ posal did not originate with any REA tions imposed in the bill so that the cost tection against this new and unlooked-for cooperative. It did not originate with in regard to new relocation will be con­ burden. The proposed legislation means any villages over this country; it did not sidered. simply that the Federal Government will originate with any rural people in this The CHAIRMAN. The question is on recognize its obligation to pay a portion of the expense of relocation which it creates. country. the preferential motion offered by the I have been surprised to find so much gentleman from Texas. . As has already been said, there are sympathy poured out here by people, The motion was rejected. more than 27,000 utilities in this coun­ some of whom have been active in be­ Mr. MACHROWICZ. Mr. Chairman, I try, and more than 15,000 of them are half of the REA, and.some of whom have rise in opposition to the amendment. either publicly owned or REA corpora- never expressed any interest in the world 1955 CONGRESSIONAL. RECORD - HOUSE 11707 in these little cooperatives, in these little Gasoline and diesel fuel produces 98 per­ That is from the State highway com­ people, heretofore. I commend the gen­ cent of all the power that agriculture mission of Wisconsin. Here is one from tleman from Mississippi, who is about to uses and yet you propose to tax the Topeka, Kans.: . rise, because he did not put it on that motive power of a great industry and to Kansas is hopeful that the Congress will basis. I also recognize that the gentle­ give no .refunds on two-thirds of the not pass utility legislation proposed in high­ man from Tennessee [Mr. DAVIS] repre­ road tax we propose to collect---not 1 way bills. This would conflict with States sents a distinctly public-power area, and penny refund on that 2 cents that we rights and use funds badly needed for high­ his position very correctly reflects the now have for general revenue purposes way c<;>nstructio~. wishes and the desires of his people, which we are making into a special · Here is one from Louisiana: but I am sure we have all noted the highway tax. I would like to see some of We vigorously oppose use of highway fw1ds unusual enthusiasm with which these the concern that is being heaped on these to reimburse utility companies for reloca­ little cooperatives have been befriended little REA cooperatives expressed for the tion or adjustment of utility lines occupy­ this afternoon. farmers who make up those coopera­ ing highway rights-of-way. I wonder why we do not hear the tives-the farmers who must under this same kind of sympathy expressed for bill pay such an unfair share of the cost Here is one from Florida: the little man who is running a one-horse of superhighway construction. Retel State Roaci. Department of Florida filling station out on some of these roads. Mr. FALLON. Mr. Chairman, I ask requires written agreement with utilities by which they agree to relocate or adjust at He is going to find himself without any unanimous consent that all debate on their expense in consideration use of right­ means of support when we move 85 per­ the pending amendment close in 15 of-way. We do not feel Congress would in­ cent of these highways· away from him. minutes. clude provision in Highway Act to permit But I did not hear a word about that Mr. GROSS. Mr. Chairman, reserv­ payment to utilities in contravention of this man. I have not heard any sympathy ing the right to object, the members of policy. for him. the committee have had 99.9 percent of The CHAIRMAN. The Chair recog­ Mr. JONES of Alabama. Mr. Chair­ all the time that has been spent on the nizes the gentleman from Iowa [Mr. man, will the gentleman yield? floor on this bill. Does not the gentle­ GROSS]. Mr. POAGE. I yield to the gentleman man think that there are, perhaps, 2 Mr. GROSS. Mr. Chairman, I yield from Alabama, who so ably offered this or 3 or 4 other Members who might like my time to the expediency of those who amendment. to have just a minute or 2 or 3 or 4 to are cramming this bill through the Mr. JONES of Alabama. The utilities speak on this bill? House. that now occupy the rights-of-way do Mr. FALLON. -·I was just trying to The CHAIRMAN. The Chair recog­ not pay any money to the States or local arrive at a time to limit debate on this nizes the gentleman from Florida [Mr. political subdivisions for the use of those amendment only. Of course, we do not BENNETT]. utilities, so you are putting the Federal · want to cut anyone off from speaking on Mr.-BENNETT of Florida. Mr. Chair­ Government in the business of buying the bill. man, I represent, among other constitu­ something that they do not want. Mr. GROSS. But the gentleman sug­ ents, the city of Jacksonville, Fla., which Mr. POAGE. That is right. We are gested only 15 minutes. owns most of the city utilities, electric, putting the Federal Government into the . The CHAIRMAN. The regular order water, and other utilities in the area. business of destroying the 48 States of has been demanded. Recently a Federal highway was put this Union and all of their rights. We Is there objection to the request of through the city of Jacksonville, which are putting the Federal Government in the gentleman from Maryland [Mr. FAL­ illustrates the need for some sort of con­ the business of subsidizing a bunch of big LON] that all debate on the pending sideration for public utilities when utilities that do not need this subsidiza­ amendment close in 15 minutes? moved for the convenience of the Federal. tion. We are putting the Federal Gov­ Mr. GROSS and Mr. JONES of Mis­ highway program, because it cost the ernment in the business for all practical souri objected. city a large sum.which it has to pass on purposes of forcing the abrogation of Mr. FALLON. Mr. Chairman, I move to its utility users. contracts which several Members have that all debate on this amendment close Today nearly all, if not all, utilities assured us that the Supreme Court would in 20 minutes. are heavily regulated, so it is a question defend. We are putting the Federal The motion was agreed to. of the utility passing the cost on to the Government in the business of taking The CHAIRMAN. The Chair recog­ users. Mind you, this means passing on care of a group of people who can well nizes the gentleman from North Dakota to utility users a cost which is of no take care of themselves and of utterly [Mr. BURDICK]. benefit to them but which is properly ignoring a group of people who cannot Mr. BURDICK. Mr. Chairman, I ask and logically a highway expenditure. take care of themselves. If you believe unanimous consent to yield my time to Now, if the utility has agreed to assume in State's rights; if you believe in fair the gentleman from Texas [Mr. Dms1. the cost of its relocations when disturbed play, you should vote for the Jones Mr. MASON. Mr. Chairman, I have by highway relocation, then I think it amenment. served notice that there will be no yield­ should abide by such a contract; and I I call attention to a further thing you ing of time to another Member. There­ do not believe this legislation would in­ are doing in this bill. With one breath fore, I have to object, much as I hate to. terfere with that contractual and moral we are crying out about these little utili­ The CHAffiMAN. The Chair recog­ obligation. But if there is some defect ties and about these little REA lines out nizes the gentleman from Missouri [Mr. fo the legislation along that line-and I in the rural area, up in the forks of the HULL]. do not think there is-I think it can be creeks, and which we are told are in such Mr. HULL. Mr. Chairman, I rise in Qorrected in conference between the bad shape that we must take care of support of the Jones amendment. I House and Senate. I sincerely hope that them and just incidently of the big utili­ would like to read a few telegrams that this House will show that it realizes the ties. In the next breath we are by this have been received. Here is one from moral obligation to make some reason­ bill taking a 2-cent-a-gallon gasoline Madison, Wis.: able provision for utilities relocation in­ tax that was levied for general revenue, stead of placing the burden on the small All permits to utility companies to use as a war measure and therefore was made right-of-way are subject to approval by the utility user who has no benefit from the to apply to everybody; we are by this bill highway commission and are subject to the relocation. transferring it to a highway tax for the provision that the transmission line sha-11 if The CHAIRMAN. The Chair recog­ specific purpose of building highways, necessary be altered at the expense of the nizes the gentleman from Kansas [Mr. and we are levying it upon the motive applicant to permit alteration, improvement, GEORGE]. power of agriculture, for the sole purpose or maintenance of the highway as may be Mr. GEORGE. Mr. Chairman, I wish of highway construction. ordered pursuant to law. to call the attention of the House to the You might just as well levY a tax on · Highway commission of Wisconsin is cate­ fact that the gentleman from Texas. gorically opposed to proposed provision in who used 10 minutes on this questiqn a the coal that the Consolidated Edison Federal Highway Acts which would require burns to make the power for New York or permit utilization of Federal-aid highway short while ago, is one of the eminent City. You might just as well levy a tax funds to reimburse utillty for alterations re­ authorities in the House as far as high­ on the coal that runs the United States quired in transmission llnes occupying ex­ way departments, occupational proce­ Steel plants because it produces power. isting public highway right-of-way. dure, and so forth, is concerned. 11708 CONGRESSIONAL RE.CORD - HOUSE July 27 The gentleman from Texas [Mr. GEN­ To insist on the provision which this ment of highways, State of Ohio, Mr. TRY] is a former director of the Texas amendment seeks to strike out not only s. o. Linzell, in which .he says: Highway Department. He is also a for­ results in an increased cost of construc­ Utilities are on public highways in Ohio mer national president of the State high­ tion, but goes toward the removal of a by permit, agreeing when given the permit way officials organization. So, when the right which the States have always exer­ to conform to highway improvements with­ gentleman from Texas [Mr. GENTRY] cised in the past. out cost to the State or its subdivisions. makes a statement as far as it relates The following communication from The Federal act, in substance, thus voids to operational procedures, as far as it the members of the State highway com­ contracts between the State or its subdivi­ relates to highway departments and mission and the State highway engineer sions and the utilities. public utility rights, or as it relates to of the State of Texas so well point out It is bad polic·y to have national laws at that this proposal, together with the variance with State laws on the subject. any type of services concerned with Utilities are a burden on the highways, highways, you are listening to an expert proposal that makes the program sub­ are there without a rental charge and create. on the subject, and probably the great­ ject to the provisions of the Davis-Bacon hazards not there except through the per­ est authority on the subject in the House Act, are unnecessary and constitute an mit. as it is now constituted. invasion of the rights of the several A utility should have no vested right by The CHAIRMAN. The Chair recog­ States by imposing Federal authority sufferance that any other property owner nizes the gentleman from Missouri [Mr. over State laws· on these subjects: should not have. JONES]. TEXAS HIGHWAY DEPARTMENT, We now pay utilities to move when a Austin, Tex., July 18, 1955. relocation of our highway causes changes Mr. JONES of Missouri., Mr. Chair­ when they are on a private right-of-way. man, this is just another place where Hon. HOMER THORNBERRY, Member of Congress, Most of the interstate highway work, whether the clever utility lawyers have shown rural or urban, will be on relocation, and Washington, D. C. utilities will be paid for relocating their fa­ their fine hand in drafting legislation. DEAR CONGRESSMAN THORNBERRY: In view I know there are members of the com­ of the fact that the House of Representa­ cilities, while in the normal type improve­ mittee who agreed for this to appear in tives will soon make its decision toward pro­ ment, on ordinary State .work, the State there that just took it at its face value viding a solution of the acute highway would be loaded, ultimately, with costs for problem confronting the Nation, we feel which there is no legal obligation. rather than to go to the trouble of read­ It is useless to argue that the expendi­ ing some of the fine print. Actually, the that we should direct your attention to two proposals presently embodied in pending leg­ ture is permissive, because once the Federal more I read it the worse it gets. Government gives its blessing to the princi­ islation and which, in our opinion, should be ple of reimbursement, the States will be Like the gentleman from Texas, I have deleted therefrom. had some experience with a State high­ forced by pressure tactics to do the same These proposals deal with reimbursement and justification will be based on the Fed­ way commission. I was chairman of the to utilities and the requirement that the eral action. Missouri State Highway Commission for construction of Federal-aid highways be 3 years. I dealt with these utilities. We subject to the provisions of the Davis-Bacon The CHAffiMAN. The Chair recog­ do not pay anything there in Missouri. Act. These proposals will result in increased nizes the gentleman from Missouri [Mr. Here is the catch in this bill, however. cost of construction, are unnecessary, and CHRISTOPHER]. constitute a direct invasion of the rights of It involves States that have heretofore the several Str.tes by superimposing Fed­ Mr. CHRISTOPHER. . Mr. Chairman,, not paid anything because it says "may eral authority over State laws on these sub­ I would like to ask the members of this be paid from Federal funds whenever, jects. committee how and why the public util­ under the laws of the State where the · We, therefore, respectfully urge that you ities are on the highway rights-of-way? project is being constructed, the entire use your best efforts to delete these two They are there because they could put relocation cost· is required to be borne proposals from pending legislation so that the facilities on the right-of-way with­ by the utility." the full amount of Federal aid provided by out paying anything for that right-of­ the Congress can and will go into badly Even in the States that did not want needed improvement of the Nation's high­ way. The highway department keeps to pay out the money, you .are making way system, and that the existing and the weeds and grass mowed, keeps the it possible through this for the Federal successful partnership between the States brush cut, maintains the right-of-way, Government to pay half in a windfall to and the Federal Government, under which and if they do not appreciate that, let the utilities. the highway system of the Nation has been them move out some place else and buy If we are going to build highways, let developed, will be preserved. a right-of-way of their own, and then us build highways; let us not take tax Sincerely, they will not be required to move off of money to fatten up anyone. E. H. THORNTON, Jr., Chairman, State Highway Commission. it. I think we oµght to leave things ex­ Another thing, you will find on read­ MARSHALL FORMBY, actly as they are. I am in favor of the ing this section where States can re­ Member, State Highway Commission. amendment offered by the gentleman imburse up to 50 percent using only Fed­ HERBERT C. PETRY, Jr., from Alabama and shall so vote, and I eral money, according to the way this is Member, State Highway Commission. think if we have the interests of the rank written, which would make it more con­ D. C. GREER, and file of our constituents at heart and ducive to reach into the Federal Treas­ State Highway Engineer. are not afraid of the giant lobbies that ury to enrich the utilities. infest this town, we will support the gen­ PLAINVIEW, TEX,, July 20 1955. The CHAIRMAN. The Chair recog­ Congressman HOMER THORNBERRY' of Texas, tleman's amendment. nizes the gentleman from Texas [Mr. Washington, D. C.: The CHAIRMAN. The Chair recog­ THORNBERRY], In highway bill under consideration we nizes the gentleman from Maryland [Mr. Mr. THORNBERRY. Mr. Chairman, hope you can remove the Bacon-Davis labor FALLON]. I urge adoption of the amendment of­ requirement section and hope you can elim­ Mr. FALLON. Mr. Chairman, in mak.. fered by the gentleman from Alabama inate the unjust provision which would force ing the awards to the States for high­ Texas to pay utility companies !or moving [Mr. JoNEs]. As has been so well stated poles from our rights-of-way which utliity way construction, the money is given by my colleague, the gentleman from companies are already using free of charge to the States and it is up to the States Texas [Mr. GENTRY], the proposal to re­ will appreciate your help in eliminating to make a decision whether or not they imburse utilities for the removal of these two provisions of highway bill. Kind­ will approve in the contract the cost equipment from rights-of-way should be est regards. of relocation. If they do not approve left to the States. MARSHALL FORMBY, it at the State level, the matter can The program which has heretofore Member, Texas Highway Commission. never reach the Bureau of Public Roads existed providing for Federal aid for Mr. Chairman, I hope that the amend .. here, because the Bureau of Public Roads highway construction has proved suc­ ment will be adopted. does not do business with anybody under cessful as a partnership between the The CHAIRMAN. The Chair recog­ the basic law except the States them­ Federal Government and the States. It nizes the gentleman from Ohio [Mr. selves. seems to me that any program we might VANIKJ. The CHAIRMAN. The time of the enact here today should leave to the Mr. VANIK. Mr. Chairman, I rise in gentleman from Maryland [Mr. FALLON] States as many of the required decisions support of the amendment offered by the has expired. as is possible, with the Federal Govern­ gentleman from Alabama [Mr. Jomsl. The question is on the amendment ment setting only high standards for · I want to quote from a letter I re­ offered by the gentleman from Alabama construction. ceived from the director of the depart- [Mr. JONES]. 1955 CONGRESSIONAL RECORD - HOUSE 11709 ,I The question was taken; and ori a divi­ . the Corporation. The Corporation is au­ mean that · the very considerable tax sion (demanded by Mr. MACHROWICZ) thorized to purchase in open market. for re­ burden that is provided in the Fallon bill tirement, at any time and at any price, any there were-ayes 125, noes 75. outstanding obligations issued under this could be reduced. Then by resorting to So the amendment was agreed to. subsection." the corporation bond feature, you could Mr. CLARK. Mr. Chairman, I offer shorten the period on the bonds and an amendment. Mr. JONES of Alabama. Mr. Chair­ hence reduce the interest that must ulti­ The Clerk read as follows: man, I make the point of order against mately be paid on the bonds, and thus Amendment offered by Mr. CLARK: On page the amendment that it is not germane to bring about the construction of an accel­ 27, line 20, strike out "1957" and insert the bill H. R. 7474, that it contains a re­ erated highway program without too "1956." classification act and is a violation of the heavy a burden on the taxpayer and at Reroganization Act, giving jurisdiction the same time there would not be any Mr. CLARK. Mr. Chairman, this to the Committee on Post Office and Civil amendment simply moves up 1 year the degree of irresponsibility whatsoever. Service for the classification of em­ The only argument I have heard report to Congress by the Secretary of ployees. Commerce. The Bureau of Public Roads against the bond proposal, and the only Mr. HALLECK. I wonder if the gen­ substantial argument was that there are in agreement with this amendment. tleman would withhold his point of or­ I hop·e it will be agreed to. would be too much interest over this long Mr. FALLON. Mr. Chairman, I rise to der until I can have 5 minutes to explain period of time. Here is a way to shorten the amendment. Then we can dispose of the period of time that the bonds would say that I have no objection to the the point of order. amendment. be outstanding. It is even provided that The CHAIRMAN. The question is on Mr. JONES of Alabama. I will be glad the bonds could be called in earlier. The the amendment offered by the gentle­ to reserve my point of order, Mr. Chair­ term on the bonds and the. interest to be man from Pennsylvania [Mr. CLARK]. man. paid would be governed as we might come The amendment was agreed to. Mr. HALLECK. I -thank the gentle­ out of the conference on this bill to the man. degree that the taxes will support them. Mr. HALLECK. Mr. Chairman, I offer .Mr. Chairman, of course, it is very ob­ an amendment. In other words, to my mind, it is a fair The Clerk read as follows: vious that we all think we need highways compromise. It is a solution that many and we do not need them. By and large have talked about as we have continued Amendment offered by Mr. HALLECK: Page there have been two approaches. It has 8, after line 6 insert: during recent months to try to work out "SEC. 2 (G) (a) There is hereby created, been pretty much all black and all white. a program. In my considered judgment, subject to the direction and supervision of One approach is that of the Eisenhower if this amendment should be adopted, it the President, a body corporate to be known administration, the Clay Commission, would assure the passage of a highway as the Interstate and Defense Highway covered in the substitute offered by the bill-a decent, equitable highway bill Finance Corporation. The Corporation shall gentleman from Michigan [Mr. DON­ that would keep the doors open if we go be subject to the provisions of . the Govern­ DERO J, which would provide for the crea- into conference for the enactment of a ment Corporation Control Act. · tion of a governmental corporation and "(b) The management of the Corporation sound, forward-looking highway bill that shall be vested in a Board of Directors (here­ the issuance of bonds. The Fallon bill, would do the job that needs to be done inafter referred to as the Board) com­ which is the committeee bill, would not in the country. If this amendment is posed of 4 members. One of these mem­ have any provision for corporate bonds, not adopted, I am convinced the Fallon bers shall be a full-time public member but would simply raise taxes to build the bill will be overwhelmingly defeated. appointed by the President, by and with the roads. If it is adopted, I can support the bill. consent of the senate, without regard to We had a very close vote on the Don­ Others will support the bill and it can be political party affiliation, and the President dero substitute, and because there were passed and out of conference will come shall designate such full-time public mem­ 5, 6, or 7 votes difference between the 2, ber as Chairman of the Board. The 3 re­ a good compromise bill. maining members shall be the Secretary of that evidences that we need highways, Mr. DONDERO. Mr. chairman, will Commerce (hereinafter called 'Secretary'), we want a highway bill, but it also evi­ the gentleman yield? the Secretary of the Treasury, and the Sec­ dences to me a very reasonable prob­ Mr. HALLECK. I yield. retary of Defense, or their representatives. ability that we may wind up here with­ Mr. DONDERO. Exactly that pro­ The Commissioner of Public Roads- shall out any highway bill at all. And I want posal was made by me in the subcom­ serve as executive secretary of the Board. a highway bill. To accomplish that, mittee of 9 which was appainted by "(c) It shall be the duty of the Corpora­ means some give and take. tion (a) to receive and borrow funds, (b) to our committee to see if we could work provide and make available to the Secretary May I say I off er this in all seriousness, out a compromise and the idea was such sums as are necessary to permit him and I hope you will understand just what adopted by a vote of 6 to 3, but was later to make the payments or advances to the the amendment does. I say I want to rejected by the full committee. States, through the established channels of pass the highway bill. What does this Mr. HALLECK. That is my under­ the Bureau of Public Roads of the Federal amendment provide for? It retains the standing of what happened in the com­ share of the cost of construction of projects tax features of the Fallon bill. They are mittee. This sort of approach at one on the Interstate System, and such other protected by the rule which was grant­ costs or expenses as are permitted or re­ time was very definitely suggested and quired to be paid or advanced by him in ed, and no one complains about that. approved. I still think it is a good pro­ connection with the Interstate System under So the taxes are left in the bill. But posal. It incorporates a measure of the the terms of this act, and ( c) to perform it also is in line with the language con­ President's program and of the Clay such other duties as may be required in the tained in the Fallon bill on page 9 in Commission's program, and it will make performance of its functions and the exer­ these words that-- possible, as this measure goes through cise of its powers under this act It is the intent of Congress that, in addi­ the legislative procedure, to work out a "(d) The Corporation is authorized to tion to revenues presently available for such bill that can become law and will be­ issue, upon the approval of the Secretary of purposes, such -increased revenues provided the Treasury, obligations in an amount not come law. for in this act shall be devoted to the high­ Mr. SMITH of Mississippi. Mr. Chair­ to exceed $15 billion. Obligations issued way program herein authorized. under this subsection shall have such ma­ man, will the gentleman yield? turities, not to exceed 20 years, and shall What this would do would simply be Mr. HALLECK. I yield. bear such 'rate or rates of interest, as may to add into this bill retaining the tax Mr. SMITH of Mississippi. I would be determined by the Corporation with the features a provision for the creation of approval of the Secretary of the Treasury, like to make clear that the gentleman and they shall be redeemable at the option the governmental corporation and the from Michigan is in error as to what was of the Corporation before maturity in such power to issue bonds. The amendment ·approved by the subcommittee. I was manner as may be stipulated in the obliga­ shortens the period· of the bonds to 20 one of the members of the subcommittee. tions. years. Personally I think that could be What the subcommittee approved had to "(e) The Corporation shall insert appro­ further reduced if this amendment is do with Treasury bonds and no idea hav­ priate language in all of its obligations is­ adopted. It reduces the amount to $15 ing to do with corporation bonds was sued under this subsection clearly indicating billion. that the obligations, together with the in­ approved by that subcommittee. terest thereon, are not guaranteed by the What would happen if it goes to con­ Mr. HALLECK. Of course, I was not United States and do not constitute a debt ference and these two matters are fused, at the committee meeting, but I have un­ or obligation of the United States or of any I say to my friends .on the right, if you derstood not only from the gentleman agency or instrumentality the·reof other than want a highway bill? It would simply from Michigan but from others that this 11710 CONGRESSIONAL RECORD - HOUSE Juty ·27 approach -was presented there and ap­ gentleman from Indiana, seeking as it with some of the practices that bave proved. · does to create an entirely different body, been going on. here, and also in keeping The CHAIRMAN. The time of the a body corporate, is not germane to the with the wishes of our own United States gentleman from Indiana has expired. provisions of the pending bill. Supreme Court. Mr. HALLECK. Mr. Chairman, may The Chair, therefore, sustains the The Court has ruled against segrega­ I be heard on the point of -order. point of order. tion. Here we are authorizing this great The CHAIRMAN. The Chair will be Mr. GROSS. Mr. Chairman, I make appropriation, under which we are going glad to hear the gentleman from a point of order against the language in to spend billions of dollars in every State Indiana. section 14 (a), page 30, lines 20 to 25, . in the.Union. Yet, there are some States Mr. HALLECK. Mr. Chairman, as I and page 31, lines 1 to 3; reading as in which the Negroes are not going to read from the bill, there is language there follows: have a chance to work and earn part of which provides for the application of SEC. 14. (a) The Se<:retary of Commerce, this money to pay the taxes to build the any increased revenues or any revenues to the extent he deems it necessary and ap­ highways, to earn money to pay the ex­ to the highway program. In addition propriate in order to carry out the provisions cise taxes on their trucks, to earn money to that, the rule specifically made in or­ of this act, is authorized to place 2 posi­ to pay the extra cost of their tires. der the Dondero substitute. The amend­ tions in the Bureau of Public Roads in grade Why should we not clear this situation 18 and a total of 20 positions in grades 16 ment which I have offered is a part of and 17 of the General Schedule established up in the States which have not yet rec­ the Dondero substitute. It is not the by the Classification Act of 1949, as amended, ognized nonsegregation and give these entire substitute, but it is a part of it. Such positions shall be in lieu of any posi­ people a break? I think these Negroes So far as it goes, it is completely in line tions in the Bureau of Public Roads pre­ _should be given the opportunity to help with the Dondero substitute. So it is my viously .allocated under section 505 of such build the highways because they are go­ conviction since the Dondero substitute act. ing to help to pay the taxes. I think they was made in order under the rule, this, · I make the point of order t pat this should be able to use the facilities, the in turn, would be in order as an amend- language is a violation of the Classifica­ restaurants, and the comfort -stations, ment. tion Act of 1949, that it is an inv~siori of and so forth, that appear along the Mr. JONES of Alabama. Mr. Chair- the prerogatives of the Post Office and highways . . man, I renew the point of order I made c· ·1 s · c ·tt d · t Mr. JONES of Alabama. Mr. Chair­ against the amendment offered by the ivi ervice ommi ee, an is f 0 ger- man, I renew my point of order. mane to the bill. ii gentleman from Indiana [Mr. HALLECK]. The CHAffiMAN. The Chair is pre- The CHAIRMAN. The gentleman The gentleman from Indiana [Mr. HAL• pared to rule. i · from Indiana offers an amendment to LECK] points out that the rule made The Chair will state to the ge, tleman provide for a limitation on the funds the Dondero bill in order. Now the from Iowa that since the provisions to collected under the pending bill, to Dondero bill was specifically defeated, which his point of order is directed are which the gentleman from Alabama and this is nothing more than the Don- provisions in the bill that has been re­ [Mr. JONES] makes a point of order. dero bill with a new name on it. I also, ported from the standing committee, the It is the opinion of the Chair that submit, Mr. Chairman, that it violates point of order is not well taken at this since the amendment refers to and the Classification Act of 1949, as time. touches upon the funds collected under amended, and that the amendment is The Chair overrules the point of order. this act, limiting their use, the amend­ repetitious in that it repeats the pro- Mr. GROSS. Mr. Chairman, a par- ment is germane; therefore, the Chair posal contained in the Dondero bill, liamentary inquiry. overrules the point of order. which the committee has already dis- The CHAIRMAN. The gentleman will Mr. SMITH of Mississippi. Mr. Chair­ posed of. state it. man, I rise in opposition to the amend­ Mr. HALLECK. If 1 might be heard , Mr. GROSS. At what time would the ment offered by the gentleman from In­ further-- diana [Mr. WILSON]. The CHAIRMAN. The Chair will be point of order be well taken? The CHAIRMAN. The Chair would . Mr. Chairman, I hope the committee glad to indulge the gentleman. say to the gentleman from Iowa that in will thoroughly understand this amend­ Mr. HALLECK. I do not know of any ment and vote it down. provision in this amendment that would the opinion of the Chair the point of order would not be well taken at any Mr. BOGGS. Mr. Chairman, I move to be contrary in any way to any provision · time, inasmuch as the provisions to strike out the requisite number of words. of the Classification Act. which the point of order is directed are Mr. Chairman, I want to commend the I must say, Mr. Chairman, 1 am sorry contained in the bill as introduced and Public Works Committee and the mem­ the point of order has been made. It reported. bers thereof on both sides of the aisle for should not have been made. I hope it 1 the work they have done on this bill. I will not be sustained, but should it be Mr. WILSON of Indiana. Mr. Chair- man, I off er an amendment. do not know whether the bill is going . sustained it will strike down an attempt The Clerk read as follows: to be passed or defeated, but may I say to get a highway bill that would be in that I had the privilege of sitting in with the best interests of the country. I am Amendment offered by Mr. WILSON of the committee as chairman of a sub­ afraid it will kill highway legislation for Indiana: On page 32, following line 7, add a new committee which was appointed at the this session. That I am seeking to avoid. section 19: request of the gentleman from Maryland The CHAIRMAN. The Chair is ready "No funds collected under this act may be · [Mr.FALLON] and upon the direction of to rule. available to any State, city, or subdivision in the chairman of the Committee on Ways The gentleman from Indiana offers an which segregation is practiced in restaurants, and Means [Mr. COOPER]. amendment which has for its purpose restrooms, or in road construction." ; I would like to commend both the .the creation of a body corporate, vesting And in line 8, after the word "SEc." strike out " 19" and insert in lieu thereof 'i20." Democratic and the Republican members in that corporation certain powers. ,of this committee for working many After laying down the requirements for Mr. JONES of Alabama. Mr: Chair­ months and many weeks, night and day, membership, it charges the corporatio:r:i man, I make a point of order against the on a bill which is certainly vital to the with certain duties, grants to it certain amendment on the ground that it is not economy of this Nation and to the growth authority, including that of the issuance germane. and expansion of our country. Naturally of obligations and providing for the issu­ Mr. Chairman, I reserve the point of no measure of such tremendous implica­ ance of those obligations. order to permit the gentleman to make tions could be noncontroversial, but I While it is true that a somewhat simi­ his statement. believe that the members of the Public lar provision appeared in the amend- The CHAIRMAN. The gentleman Works Committee approached their task . ment offered by the gentleman from from Indiana is recognized for 5 minutes with an objective spirit, largely non­ Michigan [Mr. DoNDERoJ, the Chair must in support of his amendment. partisan, with the idea of working out point out that the rule under which the Mr. WILSON of Indiana. Mr. Chair­ the best possible legislation to continue pending bill is considered made in order man, there is no question in my mind, to build up our country. that amendment and waived all points and I doubt if there is in the mind of May I say further in connection with · of order to it. anyone else, that this amendment i's as the revenue features of the bill that, as It is, therefore, the opinion of the germane as any amendment that has I understand the rules of the House of Chair that the amendment offered by the been offered. It certainly is in keeping Representatives, the Speaker has the 1955 CONGRESSIONAL RECORD-· HOUSE 11711 power to make the assignment · of bills superhighways. Those who use super­ State level. We in Texas and in other to the respective committees. Our great highways only infrequently yet pay their States, I am sure, feel that we can take Speaker in his wisdom sent this bill con­ share of the fuel and other taxes are care of our own labor matters without taining section 4 to the Public Works entitled to at least some consideration. the Federal Government control. Committee under the able chairmanship And there is no more reason why a I have been very surprised in the of the gentleman from Maryland [Mr. farmer should pay a tax on fuel used to course of the deliberations of such a FALLON]. Mr. FALLON certainly had a generate tractor power than there would staggeringly expensive bill to see us dis­ provision that he was not seeking and be for a tax levied upon coal or steam miss other things as unimportant. I I found out one thing sitting there as for highway purposes. had a colleague on the committee tell an observer that I doubt if there is a I am opposed to this bill for these and me that this only sets the prevailing single member of the Public Works Com­ other reasons. wage or recognizes the prevailing wage mittee who will ever be a candidate for The CHAIRMAN. The question is on in this area. I say to you that the men membership on the Ways and Means the amendment offered by the gentle­ in Texas do not work if they do not get Committee of the House of Representa­ man from Indiana [Mr. WILSON]. the prevailing wage. we know what the tives. I suspect that members of that The question was taken; and on a prevailing wage is. We would like to set committee have discovered that it is a division (demanded by Mr. WILSON of it without the Federal Government doing lot harder to pay for these projects than Indiana) there were-ayes 24, noes 102. it for us. it is to vote them. I am not so sure So the amendment was rejected. I would go further-and maybe some but what it was not a pretty good experi­ of you think this very odd-I come very ence for the members of that committee Mr. ALGER. Mr. Chairman, I offer recently from the grassroots, the man­ and I suggest that some times certain of an amendment. on-the-street sort of thing, and I hold these other tax measures be referred to The Clerk read as follows: that the balance of power between the other legislative committees in the Con­ Amendment offered by Mr. ALGER: On page Federal Government and the States is gress. All of us will find out that those 29 strike out line 1 and all that follows down jeopardized by this sort of bill. That of us who have the task of serving on through line 10, page 29, and renumber the might be very provincial. I have heard the Ways and Means Committee, who following sections accordingly. that phrase used. I do not think it is have been given the normal responsi­ Mr. ALGER. Mr. Chairman, you know at all provincial. It was set up rather bility of raising these enormous sums, that I will not talk very long, so I hope wisely that the States have their rights, have a job equally onerous almost every I can have your attention, and I further and we want no encroachment of our day in the year. ask your indulgence not to ask me to State rights. I think that the chairman has done yield until I struggle through what I Our local economy can take care of a fine job as have all the members of have prepared. As a student of what I itself. If highway workers come in and the committee, majority and minority, have observed here as a freshman, I receive pay that is more than the pre­ and I believe that the House should would say that this section is not ger­ vailing wage or is out of keeping with show its confidence in the Public Works .mane to the bill. But since that may the wage pattern we have set up because Committee. be ruled out because you have a prece- some Federal bureaucrat makes a mis­ Mr. GROSS. Mr. Chairman, I move dent, possibly in other legislation, then take and tells you what the wage ought to strike out the last word. I say that a bad precedent does not re­ to be, it will disrupt our entire economy. Mr. Chairman, I am opposed to the quire another bill. What happens when the Federal Gov­ Fallon bill for the reason that it means Secondly, I would go so far-and prob­ ernment comes in? I think all of you another increase in taxes for the people ably lose a lot of you at this point-as know that where we have State ma­ of this country. Earlier this afternoon, to hold that this is not even the province chinery set up, the Federal Government under unanimous consent, a bill was of the Federal Government, since I have duplicates it, and if there is a question passed in the House to take the excise a rather deepseated conviction that what of jurisdiction, you know what happens tax off motorcycles. Is it proposed to the Government can bestow it can take to the States. take the tax off one product and then away. I hate to see us crippling the I trust that others throughout the vote here this afternoon to increase the workingman by fixing his pay through country share some of this concern, be­ same kind of taxes on other products? the Federal bureaucracy, cam:;e while we are Federal legislators, Incidentally, the Ways and Means Com­ Further than this, since I have heard we also represent our districts. For that mittee, which is responsible for so-called something as a freshman about the Com­ reason I hope you will vote to strike out reciprocal trade agreement legislation, mittee on Ways and Means giving us, the the Bacon-Davis amendment, section 11. asked that the tax be eliminated. Why Committee on Public works, the privilege Mr. BALDWIN. Mr. Chairman, I rise is the excise tax being taken off motor­ of working on taxes. After they gave us in opposition to the amendment. cycles? Because of taxes and British im­ that privilege I am asking you now why Mr. Chairman, we had a vote on this ports of motorcycles into this country we are ruling on labor, without going particular provision yesterday when the under the free trade policy. The indus­ through the Committee on Labor. In­ question came up as to the insertion of try is being killed. There is such a thing stead we, of the Committee on Public an identical provision in the Dondero as saturating motor vehicle owners here Works, are considering it at this time. bill. It was demonstrated yesterday that in the United States with taxes. That is further evidence, I hold, that it it was the clear intent of the Members All of us recognize the need for better should not be a part of this bill. of this body that we should have a roads and we can have far better roads But how about the cost? It has been Bacon-Davis Act prevailing-wage provi­ if all the money collected by the Federal estimated before our committee-and I sion in this highway legislation. The Government from taxes in connection want you to know that I am a member actual wording of this provision simply with the operation of motor vehicles is of the subcommittee that held the hear­ states that we shall pay wages at rates dedicated to the construction of roads. ings, and I think I had an almost com­ not less than those prevailing on similar Instead and inexcusably some of these plete attendance and have listened to construction in the immediate locality. funds, millions of dollars each year, go everything that was said-it has been Certainly that basic provision is some­ into the general funds of the Treasury variously estimated that the cost of the thing we have recognized in Federal and may be used to build roads in the Bacon-Davis amendment in the highway Government expenditures for years. It Belgian Congo through the foreign hand­ bill would be between 4 percent and 10 was established originally in order to out program. percent of the cost, which would be prevent anyone coming in on a Federal Neither a huge bond issue, upon which somewhere between $2 billion and $5 construction project and paying rates of billions of dollars of interest will be billion. If we watchdogs of the public wages that were materially less than paid, nor increased taxes upan the purse are really concerned about the cost, those in the surrounding area. And owners of motor vehicles, already heavi­ it occurs to me again that we should not since that time it has been recognized ly taxed, is the answer. In concert with have the Bacon-Davis amendment. as a basic part of our Federal Policy to the States, and with the dedication of Further than this, if this is a Govern­ use this plan to protect workmen from revenue from all presently levied Fed­ ment matter, I am one of those who holds being brought in from other areas and eral taxes, an adequate system of roads that that Government is best that is undercutting the level of wages in the can be built. Moreover, this program closest to the people. If it is a matter particular area in which the construction ought to include more than interstate of the Government, let us keep it at the is done. 11712 CONGRESSIONAL RECORD - HOUSE July 27 Mr. JOHNSON . of California. Mr. Bacon Act upan the expenditures of the the prov1s1ons of the Davis-Bacon Act Chairman, will the gentleman yield? States themselves as well as the Federal in this bill is not only· justified from the Mr. BALDWIN. I yield. Government. It should not be in this angle of the workers apd the employees, Mr; JOHNSON of California. I con­ act. but there is · just as strong a case from gratulate my colleague on his argument I have had some experience with it. the angle of the employer and the con­ and want to associate myself with it. I The Davis-Bacon Act" in its inception is tractor. We must bear in mind that the endorse exactly what he has said. We all right; it is good. We ought to pa,y uncomfortable questions that arise where have had the prevailing wa.ge system on the prevailing rate of wages. That is there is an abuse of somethmg that is State and municipal projects in Cali­ what we ought to do. But the way that good usually is confined to only 1 percent fornia for over 25 years. It has pro­ act is set up and the way it is adminis­ or 2 percent of a group or class. Ninety­ duced excellent results. · tered, that is just exactly what you do eight to ninety-nine percent want to do Mr. BALDWIN. I thank the gentle­ not do. the right thing. In the case of the con­ man. We should by the prevailing vote I want to tell you the experience I have tractors of our country, 98 to 99 percent of this body protect and keep this Davis­ had with it here in the area of the Na­ of them want to do the right thing and Bacon Act provision. It is the proper tion's Capital. As you all know, when they want to pay their employees the thing to do in this case because we are you get to building these roads out in prevailing rate of wages. Let me give now recognizing the fact that the Inter­ the rural areas it is a positive fact that you an illustration of a case that I know state System is ·primarily a Federal prevailing rates of wages on all mechan­ about. In 1 of our States not so long financial responsibility. w ·e are provid­ ics vary from those in the city areas. ago, a contract was let to a contractor ing that between 90 and 95 percent of What happens? Here in Washington who bid 30 cents or 40 cents an· hour the funds for this Interstate System will I had the situation where a contract was under the prevailing rate. Honorable be Federal funds. When we recognize being let on a Government project 50 contractors cannot compete with that that the basic 90 or 95 percent financial miles from Washington in a purely rural sort of a situation. I have friends of obligation is Federal, then we certainly area. The Department of Labor, which mine who are honorable contractors. should accompany it with the Davis­ is charged with the responsibility of fix­ They are mighty fine citizens and fine Bacon provision, which we have recog­ ing the prevailing rate of wages, went 50 people. They have come to me and said, nized for years as an obligation we owe to miles out in Virginia in a rural area and "John, the provisions of the Davis-Ba­ the workingmen of this country. solemnly declared that the prevailing can Act should be included in this bill. Mr. MACHROWICZ. Mr. Chairman, rate of wages in that rural area was the rt is -not only "right and just, it is a I rise in opposition to the amendment. same as the highest prevailing rate of protection to me. I want to pay the pre­ Mr. Chairman, the amendment offered wages in the District of Columbia, which vailing rate to my employees But, if I by the gentleman from Texas seeks to was exactly contrary to the facts. I have to meet unscrupulous competition, strike out the very language which was took it up with the Department of Labor there is 1 or 2 things that I must do. adopted here· yesterday on an amend­ and could get nowhere, and I took it up Either I must engage in the same prac­ ment offered by the gentleman from with the Defense Department and com­ tices as they- are engaging in, which I do Washington [Mr. MACK] and which was plained. The Army people said to me, not want to do, or I have to go out of adopted by the Committee on Public "Why this is an outrage. It is costing business because I cannot compete· in Works by a vote of 28 to 4. The gentle­ the Government millions upon millions that particular field of business activity. man from Washington yesterday ex­ of dollars by this false application of the It is useless for me and other honorable plained the theory and the history of the provisions of this act." I said, "Why contractors to submit bids under these Davis-Bacon bill and I shall not do don't you do something about it?'' They circumstances because the award under that today, It was passed under the said, "We have." They said that they the law must be given to the lowest re­ Hoover administration on motion of two had gone to the Department of Labor sponsible bidder, and we cannot compete Republican Members of Congress. It and said to the Secretary of Labor that with the type of contractors who are bid­ has been put in effec.t by the Democratic this law was being misapplied and mis­ ding where they are paying 30 cents to administration ever since. So this is not construed in every possible way, robbing 40 cents an hour less than we pay and a partisan move. It is an amendment the Government of millions of dollars. less than what we want to pay." which has had the support of both The reply they got from the Department So not only is it an economic problem, parties. of Labor was that this function has been but there is a moral problem involved....:.. This amendment has been made ap­ assigned to the Department of Labor. the morality of paying the prevailing plicable to many programs of this Con­ They were told: "Now we will attend to rate of wage to the workers and morality gress. May I cite a few: the functions of the Department of Labor of protecting honorable contractors. The Federal Airport Act. and you go on back and fight the war." So I hope the amendment will be de­ School Survey and Construction Act That is what is happening to you in feated. of 1950. this bill. I think you ought to know it :J.t:r. MACK of Washington. Mr. Hospital Survey and Construction Act. and I think you ought to stop and listen before you add a tremendous amount of Chairman, I rise in opposition to the The slum clearance and urban renewal expense to the building of these roads by pro forma amendment. program in the Housing Act of 1954. a false application and a false construc­ Mr. Chairman, this entire subject, the National Housing Act. Davis-Bacon amendment was debated Multifamily rental housing under the tion and the false operation of a bill which in its inception is a good bill. yesterday and accepted by the commit­ FHA. tee by a very large majority, Defense Housing and Community Fa­ Mr. SHEPPARD. Mr. Chairman, will the gentleman yield? Mr. ALGER. Mr. Chairman, will the cilities and Services Act of 1951. gentleman yield? Lease Purchase Contracts Act of 1954. Mr. SMITH of Virginia. I yield. Mr. SHEPPARD. What controversy Mr. MACK of Washington. I yield to It has been made applicable to all the gentleman from Texas. of these acts. Why should it not be would there be with relation to the reg­ ulatory provisions of the Walsh-Healey Mr. ALGER. I would like to correct made applicable here only to the inter­ that and say to my colleague from Wash­ state highway system, not to any other Act as against the legislation to which roads, but to the interstate highway the gentleman is presently addressing ington that that was not the case. I himself. Is there any conflict there was on my feet, if the gentleman recalls. system in which the Government has We had a substitute motion which was 90 percent of the money invested? at all? I submit the House expressed its views Mr. SMITH of Virginia. I am not sure presented. We were told we were to have yesterday in such a strong way that I whether there would be any or not, but a vote on the Mack amendment, but the shall take no further time to urge defeat they are along the same line. substitute amendment offered by the of this amendment. Mr. McCORMACK. Mr. Chairman, I gentleman from Louisiana, Mr. THOKP­ Mr. SMITH of Virginia. Mr. Chair­ move to strike out the last word. SON, was considered after the debate ma,n, I move to strike out the last two Mr. Chairman, if there ever was a bill closed. We could not get a vote. I was words. before the Congress in which the pro­ not recognized. I just want that to ap­ Mr. Chairman, I rise in support of the visions of the Davis-Bacon Act should pear on the record. amendment to strike out the provision be included, it is the bill which is pres­ Mr. MACK of Washington. The fastening the provisions of the Davis- ently before us. To me the inclusion of gentleman would have had an oppor- 1955 CONGRESSIONAL RECORD - HOUSE ll713 tunity to discuss the measure if he had larger city area like the District of Co­ · Mr.Chairman, I take this time for the availed himself of the parliamentary lumbia. In order to get those employ­ purpose of announcing that if I am rec­ rules of the House. ees to go to work in a small town 50 ognized by the Speaker at the proper I want to say, Mr. Chairman, that the miles out of the city one has to guaran­ time I shall off er a motion to recommit Davis-Bacon provisions have been the tee that they will get the prevailing the Fallon bill, H. R. 7474, to the Com­ law in the United States for 25 years. wage paid in this area in order to justi­ mittee on Public Works with instructions These provisions apply in the building fy travel of 50 miles to get to the job. to report the same back forthwith with of every veterans' hospital in the In 99 percent of the cases that is how the fallowing amendment) which strikes United States. They apply to the build­ the Bacon-Davis act applies. I think all after the enacting clause and inserts ing of Federal airports; they apply to all everyone who has been here during the for the Fallon bill, H. R. 7474, the Don­ work on school buildings. where Federal war years and who saw the barracks dero bill which wa.s considered in the funds are provided; they apply in the built realizes that we would not have had Committee today. act passed last year to establish the them built without the wholehearted co­ I do that for the reason I believe the lease-purchase program for the erection operation of labor. Let us make no mis­ subject is important enough, and due to of new Federal buildings and new past take about that. the fact that the vote was so close in the office buildings throughout the United These veterans' hospitals and bar­ Committee, 178 to 184, that it should be States; they apply even to the highways racks were built during the war because considered by the House itself. built for the Forest Service and the Park the armed services of this country had Mr. HALLECK. Mr. Chairman, will Service. Certainly the Davis-Bacon law the support and the cooperation of the the gentleman yield? should apply here where 90 percent of labor organizations of the country. Mr. WITHROW. I yield to the gen­ the money going into the interstate sys­ They supplied the help and the know­ tleman from Indiana. tem of highways is Federal money. how and the equipment to build these Mr. HALLECK. Do I understand it is Every one here familiar with labor cantonments all over the country. If the Dondero bill as amended and per­ matters know of .the need ta protect the we had not had the prevailing scale of fected in the Committee of the Whole hundreds of thousands of jobs that are wages under the Bacon-Davis Act those which the gentleman is going to offer? being created under this highway pro­ installations could not have been built Mr. WITHROW. That is correct. gram. This is a $25 billion program, the in the record time they were built. Per­ Mr. VANIK. Mr. Chairman, although greatest public works program in the haps they would have cost twice as the provisions of H. R. 7474 are not the history of the world. It will create jobs much as they did, when, as, and if they perfect solution to the highway needs for tens of thousands of workmen for were completed. of the interstate system, I will support the next 15 years in the construction of Now, I have been through this for this legislation on the basis that it is highways . . We in the Federal Congress about 14 or 15 years. the only solution to the highway problem certainly do not want any part in any I know in connection with some of available this year. Time is of the es­ arrangement that will break down the these large contracts that .are going to sence in the adjusting of our public high­ high living standards and the good be let on these road jobs that when a ways to the increasing needs. The 40,- wages that have prevailed in some areas. contractor has a steam shovel which 000 miles of the interstate system are the Mr. BROWNSON.. Mr. Chairman, cost him in the neighborhood of $100,000 backbone of the Nation's circulatory will the gentleman yield? to $150,000 to buy, he is going to make system. The improvement and the de­ Mr. MACK of Washington. I .yield. sure he has a mechanic who is trained velopment of the interstate system is an Mr. BROWNSON. Is it not true that and will not wreck that piece of equip­ integral part of the national defense there is probably no law on the books of ment. He wants a mechanic who is plan and the highway program en­ the Nation that has had the bipartisan trained to run the equipment. It will be visioned by this legislation is justified for suppart that this Bacon-Davis law has a man he must pay a living wage to that reason alone. had since it was originally passed by a in order to protect his own equipment. There is no perfect or easy solution to Republican Congress and through all . This is a basic reason for the Davis­ the problem of raising the funds to pay the intervening years? Bacon Act. Every good employer in for the highways which we need. High­ Mr. MACK of Washington. And an this country, building these roads, hos­ ways which become obsolete and inade­ indication of that is that when this road pitals and installations-all over the quate almost immediately after they are bill was before the Public Works Com­ country-is in favor of the Davis-Bacon constructed should not be paid for with mittee the Davis-Bacon provision was Act because he knows that is the only funds raised through bonded indebted­ placed in the Fallon bill by a vote of way they can get built. They can be ness. And it is only reasonable to expect 24 to 4. Practically all the Republicans built quicker., they can be built better and that the highways should be paid for by and practically all the Democrats on the as long as we have that act on the books, the highway users who have most to gain committee voted for the proposal to in­ let us support it. by the development of a free moving clude the Davis-Bacon provisions in the Mr. . SCUDDER. Mr. Chairman, will system. The tax revenue proposals of Fallon bill the gentleman yield? ~his measure are fairly reasonable and Mr. FOGARTY. Mr. Chairman, I Mr. FOGARTY. I yield to the gentle­ just. Certainly there can be no dis­ move to strike out the last word. man from California. crimination against truckers when over The CHAIRMAN. The gentleman Mr. SCUDDER. Is it not true that 75 percent of the revenues would be de­ from Rhode Island is recognized for 5 the provisions of this amendment state rived through a gasoline tax applicable minutes. that the people under this act shall be principally to the motorist. By any Mr. FOGARTY. Mr. Chairman, I do employed at rates not less than the rates other principle, the trucking industry not intend to take the 5 minutes. prevailing in similar construction in the would be obliged to pay a greater pro­ Mr; Chairman, I listened to the gen­ immediate locality, as determined by the portion. If the principle of weight and tleman from Virginia [Mr. SMITH] state Labor Department? If the labor is sup­ distance were applied to the problem of a hypothetical problem on this particu­ plied from another center, that is the raising highway revenues, the tax on lar amendment, talking about some situ­ center that the prevailing wage would. the trucking industry would be con­ ation that existed 50 miles outside the be based on, in a locality perhaps 50 siderably greater. District of Columbia. I do not know miles away? I will vigorously oppose the provisions where that particular place is or what Mr. FOGARTY. If the labor supply is of the highway bill which provide for the was being built, but I do know how the not available in the area and they must permiss-ive use of Federal-aid funds to Bacon-Davis act applies to situations go 100 miles to get it, they would be pay the costs of relocating public utility such as that. expected to pay the prevailing wage of lines where State laws require the en­ Perhaps in the town, if it was a small the area where the employee came from. tire relocation cost to be borne by the town, and a veterans' hospital was being The CHAIRMAN. The question is utility. In this connection, I want to built, or 10 miles of a 4-lane highway, on the amendment offered by the gentle­ quote from a letter which I received on or some other big project, iri order to man from Texas [Mr. ALGERJ. July 5, 1955, from Mr. S. 0. Linzell, direc­ get the project built they had to em­ The amendment was rejected. tor of the Department of Highways of ploy men from the District of Colum­ Mr. WITHROW. Mr. Chairman, I the State of Ohio: bia. The only way one can build a proj­ move to strike out the requisite number It is contrary to State laws on the sub­ ect like that is to get employees from a of words. ject and authorizes use of funds allocated 11714 , CONGRESSIONAL RECORD - HOUSE July 27 to the State for a purpose illegal under our Although the language in the 'bill has "Accordingly, it is the objective of this laws. for i'ts purpose the elimination of mo­ act to complete the construction of the Na­ Utllitles are on public highways in Ohio by nopoly concessions along highways on tional System of Interstate Highways within permit, agreeing when given the permit to the next 10 years up tp such standards as conform to highway improvements without the national system, I very much fear Will produce safe highways adequate to ,han­ cbst to the State or its subdivisions. The that it may more extensively be used dle traffic needs for at least the next 20 Federal act,' in substance, thus avoids con­ as an argument against the development years. This objective will be reached only tracts between the State or its subdivisions of freeways; that landowners abutting a by means of a program which will presently and the utllities. relocation section of the national high­ assure the financing of the system as a whole, It is bad policy to have national laws at way system would use the language as and provide for prompt acquisition of neces­ variance with State laws on the subject. part of their claim that it was congres­ sary rights-of-way. It is hereby declared Utilities are a 'burden on the highways, sional intent that local business be freely to be the policy of Congress to continue or . are there without a rental charge tl,nd create to impose such taxes as may be necessary hazards not there except through the permit. sprinkled along the highway right-of­ to meet this objective. A utility should have no vested right by way. "SEC. 3. This act is divided into titles and sufferance than any other property owner Better highways must be built and al­ sections according to the following table of should not have. though this bill is not perfect, it is a good contents: · We now pay utilities to move when a re­ beginning. "TABLE OF CONTENTS location of our highway causes changes The CHAIRMAN. Under the rule, the "Title I-Federal Highway Corporation when they are on a private right-of-way. Committee rises. "Sec. 101. Creation of Corporation. Most of the interstate highway work, whether Accordingly the Committee rose; and rural or urban, will be on relocation, and Sec. 102. Management of Corporation. utllities will be paid for relocating their the Speaker having resumed the chair, Sec.103. Duty of Corporation. facilities, while in the normal type improve­ Mr. KEOGH, Chairman of the Committee Sec. 104. Corporate powers. ment, on ordinary State work, the State of the Whole House on the State of the Sec. 105. Corporate financing. would be loaded, ultimately, with costs for Union, reported that that Committee, Sec. 106. Services and facilities of other which there is no legal obligation. having had under consideration the bill agencies. It is useless to argue that the expenditure Sec 107. Misappropriation of funds.

------·--- .-. . ..-_-- 1955 CONGRESSIONAL RECORD~ HOUSE 11715 "Duty of Corporation interest thereon, are not guaranteed by the trust, and public funds, the investment or "SEC. 103. It shall be the duty of the Cor­ United States and do not constitute a debt deposit of which shall be under authority poration (a) to receive and borrow funds, or obligation of the United States or of any and control of the United States or any officer (b) to provide and make available to the agency or instrumentality thereof other than, or officers thereof. Secretary such sums as are necessary to per­ the Corporation. The Corporation is au­ "(e) The penultimate sentence of para­ mit him to make the payments or advances thorized to purchase in the open market for graph 7 of section 5136 of the Revised Stat­ to the states, through the established chan­ retirement, a:t any time and at any price, any utes, as amended, is amended by inserting nels of the Bureau of Public Roads of the outstanding obligations issued under this after the phrase "or obligations of the Fed­ Federal share of the cost of construction of subsection. eral National Mortgage Association," the projects on the interstate system, and such "(b) There are hereby authorized to be phrase "or obligations of the Interstate High­ other costs or expenses as are permitted or appropriated and there shall be paid by the way Finance Corporation,". required to be paid or advanced by him in Secretary of the Treasury to the Corporation "(f) All revenues of the Corporation, in­ connection with the interstate system under for the fiscal year 1956, and for each fiscal cluding moneys appropriated under subsec­ the terms of this act, and (c) to perform year thereafter in which there are outstand­ tion (b) of this section shall be maintained such other duties as may be required in the ing unmatured obligations of the Corpora­ as a trust fund. performance of its functions and the exer­ tion, out of any moneys in the Treasury not "'Services and facilities of other agencies cise of its powers under this act. otherwise appropriated, amounts equal to the revenue in excess of $622,500,000 col­ "SEC. 106. (a) Except as specifically author­ "Corporate powers lected during each fiscal year, as shown by ized by the President, the Corporation shall, "SEC .. 104. For the purpose of carrying out the official accounts of the Directors of In­ with the consent of the agency concerned, its functions under this act, the Corpora­ ternal Revenue, from the taxes (including accept and utilize, on a reimbursable basis, tion- interest, penalties, and additions to taxes) the services of the officers, employees, facil­ "(1) shall have succession in its corporate imposed by sections 4081 and 4041 of the ities, and information of any agency of the name; Internal Revenue Code of 1954 on gasoline United States, except that any such agency "(2) may adopt and use a corporate seal, and special fuels, upon certification by the having custody of any data relating to any of which shall be Judicially noticed; the matters within the jurisdiction of the Board and the Secretary of the Treasury as Corporation shall, upon the request of the "(3) may sue and be sued in its corporate necessary to finance this program .. The Sec­ Corporation, make such data available to the name; retary of the Treasury shall enter into a Corporation without reimbursement. "(4) may adopt, amend, and repeal bylaws, contract with the Corporation providing for "(b) The Corporation ·shall contribute to rules, and regulations governing the man­ the payment of such amounts to the Corpo­ the civil-service retirement and disability ner in which its functions may be carried ration, which contract shall stand as secu­ fund, on the basis of annual billings as de­ out and the powers vested in it may be exer­ rity for the outstanding obligations of the termined by the Civil Service Commission, cised; Corporation, it being the intent of Congress for the Government's share of the cost of "(5) may make and carry out such con­ that such amounts shall be dedicated to the the civil-service retirement system applica­ tracts, agreements, or other transactions as construction of the interstate system. The ble to the Corporation's employees and their it may deem necessary or advisable in the Secretary of the Treasury may advance to beneficiaries. The Corporation shall also conduct of its business; the Corporation in any fiscal year an amount contribute to the employee's compensation "(6) may incur indebtedness as provided not in excess of the estimated appropria­ fund, on the basis of annual billings as de­ in section 105, and incur current obligations tion for that fiscal year, such advances to be termined by the Secretary of Labor, for the incidental to performing its functions, sub­ repaid from amounts subsequently appro­ benefit payments made from such fund on ject to provisions of law applicable to Gov­ priated hereunder in that fiscal year. The account of the Corporation's employees. The ernment corporations; Corporation shall pay into the Treasury as annual billings shall also include a statement "(7) may appoint such officers, agents, at­ miscellaneous receipts, on the basis of an­ of the fair portion of the cost of the admin­ torneys, and employees as it deems necessary nual billings as determined by the Secretary istration of the respective funds, which shall for the conduct of its affairs, define their of the Treasury, an amount for each fiscal be paid by the Corporation into the Treas­ authority and duties, delegate to them such year that bears the same ratio to the esti­ ury as miscellaneous receipts. of the powers vested in the Corporation as mated costs of collecting taxes, refunds of the Board may determine, require bonds of taxes, and costs of making refunds of taxes "Misappropriation of funds such of them as . the Board may designate, under sections 4081 and 4041 of the Internal "SEC. 107. (a) All general penal statutes and fix the penalties and pay the premiums Revenue Code of 1954 for that fiscal year as relating to the larceny, embezzlement, or on such bonds; the appropriation hereunder bears to the conversion, of public moneys or property "(8) may ut11ize the available services and estimated total revenue collected under those of the United States shall apply to the mon­ facilities of other agencies as provided in provisions for that fiscal year._ eys and property of the Corporation. section 106; "(c) The Corporation may issue to the Sec­ "(b) Any person who, with intent to de­ "(9) may use the United States mails in retary of the Treasury its obligations in an fraud the Corporation, or to deceive any the same manner as its executive depart­ amount not to exceed in any 1 year the director, officer, or employee of the Corpo­ ments; and amount necessary above all other revenues of ration or any officer or employee of the "(10) may take such actions and exercise the Corporation to provide for debt service United States, (1) makes any false entry -in such other powers as may be necessary, inci­ of the Corporation during that year-but not any book of the Corporation, or (2) makes dental, or appropriate to carry out the func­ to exceed the aggregate amount of $5 billion any false report or statement for the Cor­ tion of the Corporation, and to further the outstanding at any one time. The obliga­ poration, shall, upon conviction thereof, be objectives of this act. tions issued by the Corporation under this :fined not more than $10,000 or imprisoned not more than 5 years, or both. "Corporate financing subsection shall have such maturities as may be prescribed by the Corporation with "(c) Any person who shall receive ~my ''SEC. 105. (a) The Corporation is author­ the approval of the Secretar:· of the Treas­ compensation, rebate, or reward, or shall ized to issue, upon the approval of the Sec­ ury and shall be redeemable at the option enter into any conspiracy, collusion, or retary of the Treasury, obligations in an of the Corporation before maturity in such agreement, express or implied, with intent amount not to exceed $21 billion. Obliga­ manner as may be stipulated in the obliga­ to defraud the Corporation or wrongfully tions issued under this sul1section shall have tions. Each such obligation shall bear in­ and unlawfully to defeat its purposes, shall, such maturities, not to exceed 30 years, and terest at a rate determined by the Secretary on conviction.thereof, be fined not more than shall bear such rate or rates of interest, as of the Treasury, taking into consideration $5,000 or imprisoned not more than 5 years, may be determined by the Corporation with the current average rate on outstanding mar­ or both. the approval of the Secretary of the Treasury, ketable obligations of the United States of "Report to the Congress and they shall be redeemable at the option comparable maturities as of the last day of "SEC. 108. The Board shall prepare an an­ of the Corporation before maturity in such the month preceding the issuance of the nual report of operations under this act for manner as may be stipulated in the obliga­ obligation of the Corporation. The Secre­ transmittal by the President to the Con­ tions. The aggregate amount of obligations tary of the Treasury is authorized to pur­ gress. under this subsection outstanding at any chase any obligations of the Corporation to one time shall not exceed the maximum be issued under this subsection, and for such "'l'ITLE ll-PROVISIONS CONCERNING THE DE­ PARTMENT OF COMMERCE amount of obligations, as determined by the purpose the Secretary of the Treasury is Secretary of the Treasury as of July 1 of each authorized to use as a public debt transac­ "Cancellation of authorizations year, on which the annual principal and tion the proceeds from the sale of any secu­ "SEC. 201. (a) Section 2 of the Federal-Aid interest payments required over the life of rities issued under the Second Liberty Bond Highway Act of 1954 is hereby repealed. the obligations can be made from prospective Act, as now or hereafter in force, and the "(b) Section 1 .of the Federal-Aid High• appropriations under subsection (b) and purposes for which securities may be issued way Act of 1954 is hereby amended by re­ other revenues of the Corporation, but obli­ under the Second Liberty Bond Act, as now ducing the authorization for projects on the gations lawfully issued hereunder will not be or hereafter in force, are extended to include Federal-aid primary system in urban areas, .affected by determinations subsequent to any purchases of the Corporation's obliga­ and for projects on approved extensions of date of issue. The Corporation shall insert tions hereunder. the Federal-aid secondary system within ur­ appropriate language in all of its obligations "(d) All obligations issued by the Corpora­ ban areas, for the fiscal years ending June J$sued under this subsection clearly indicat­ tion shall be lawful investments, and may 80, 1956 and ·1957, from 1$175,000,000' to ing that the obligations, together -with the be accepted as security, for all fiduciary, '$75,000,000.' 11716 CONGRESSIONAL RECORD - HOUSE July 27. "Interstate system "Distribution by States prescribed under this act. On or before April "SEC. 202. In furtherance of section 7 of "SEC. 205. (a) All sums herein authorized 1 of each subsequent year, each State shall the Federal-Aid Highway Act of 1944, the shall be apportioned among the several submit a revised estimate of sucli cost" as of Secretary is authorized, _within the limita­ States in accordance with needs of the In­ January 1 of such year, including therein the tion of 40,000 miles~ to approve as part of terstate System in the several States as de­ actual or estimated cost of any construction the interstate system such lateral feeder and termined in accordance with the provisions of such mileage begun or carried on subse­ distributing routes, and circumferential of this act: Provided, That the following quent to January 1, 1956. routes as may be required to furnish maxi­ amounts (representing 90 percent of the "(c) On or before July 1, 1956, and on or mum utility of the system within or adja­ needs of the several States with respect to before July 1 of each year thereafter, the cent to urban areas, provided that one or the Interstate System, as reported in Secretary shall establish an approved esti­ both ends of such routes shall lie on a route H. Doc. No. 120, 84th Cong., 1st sess.) mate of cost for construction of projects on of the system. The Secretary is further au­ shall be distributed to the States as next the Interstate System in each State, and the thorized to approve as part of the interstate hereinbelo,7 set forth: Secretary shall, in accordance with needs and subject to the provisions of section 205 (a), system any highway which complies with [Amounts in thousands] the standards of section 203 and which lies determine the ratio of the approved estimate on an approved route of the interstate sys­ of cost for each State to the total of the ap­ tem irrespective as to whether or not tolls State 10 years Annually proved estima'tes of such costs for all States, are collected for the use thereof. The Secre­ "Scheduling of construction and participa- tary is authorized, in cooperation with the Alabama ______~ ______----- $328,811 $32,881 tion by States Arizona ______----- State highway departments, to designate as 188,622 18,862 "SEC. 206. (a) On or before April 1, 1956, promptly as reasonable possible routes to Arkansas ______------182,776 18,278 Cali!ornia ______2,089,397 208,940 and on or before April 1 of each year there­ take up the mileage still undesignated so Colorado ______------140,752 14,075 after, each State desiring to avail itself of that the entire 40,000 miles of this system Connecticut______----- 499,500 49,950 funds hereunder shall file a statement and an shall be designated. In approving any un­ 59,330 5,933 445,622 44,562 estimate of the cost of projects it proposes to designated mileage the Secretary shall des­ ~1~:\a':~~---Georgia ______======· == =- ---= = = 629,921 62,992 construct during each of the next 2 fiscal ignate those routes which contribute most Idaho ______- _------96,292 9,629 years. The Secretary shall examine these to the benefit of the system as a whole and Illinois ______------958,212 95,821 estimates, and before the beginning of each are most important from the point of view Indiana ____ ------780,526 78,053 Iowa ______-_- --_------248,133 24,813 fiscal year, commencing with the fiscal year of national defense. In case the actual con­ l{ansas ______185,779 18,578 1956, he shall establish an approved con­ struction of highways on the system in­ Kentucky ______.__ ----- 442,800 44,280 Louisiana ______struction program, including the estimated creases available undesignated mileage the 443,272 44,327 cost thereof, for each State for such fiscal Secretary may redesignate this mileage in 1\!Iaine ______· ------132,549 13,255 Maryland ______------390,730 39,073 year. accordance with the preceding sentence. No Massachusetts ______- 754,179 75,418 Michigan ______"(b) The Secretary shall make allocatiqns additional mileage shall be placed on the 1,166,141 116,614 to the States in the amounts of the approved system until . the Secretary shall certify that Minnesota_------434,781 43,478 221,252 22,125 estimates, and the Secretary shall promptly 80 percent of the mileage originally desig­ notify the States of the approved construc­ nated has been improved to the approved tlf~~!f~i:======538,728 53,873 NebraskaMontana______------_ 137,038 13,704 tion programs and of the amounts so allo­ standards, 96,034 9,603 cated. These allocations shall be available "Standards Nevada ______66, 106 6,611 New Hampshire ______59,785 5,979 for obligation by the States to which allo­ "SEC. 203. (a) The standards to be used New Jersey ______1,221,470 122,147 cated for a period of 2 years. Any sums not for the interstate system shall be those ap­ New Mexico ______212, 141 21,214 under obligation at the end of any 2-year proved by the Secretary after consultation New York ______1,202,310 120,231 North Carollna ______· 222,215 22,222 perioc:l may be reallocated, as the Secretary with the Department of Defense, the Fed­ North Dakota ______96, 161 9,616 may determine. eral Civil Defense Administration, and the Ohio _____ ------1,224,656 122,466 " ( c) On or before July 1, 1956, and on or State highway departments. The Secretary Oklahoma ______------_ 339,274 33,927 before July 1 of each year thereafter, the is authorized to make the final determina­ Oregon ______287,460 28,746 Pennsylvania ______684,019 68,402 Secretary shall transmit to the Corporation tion of the standards to be used, except as Rhode Island ______110,582 11,058 a schedule indicating his best estimate of provided in section 102 (~). South Carolina ______164,953 16,495 South Dakota______the cash requirements necessary to meet "(b) The geometric standards for the in­ 85,576 8,558 payments during the next two fiscal years. Tennessee ______--- ~ --- terstate system shall be such standards as 341,855 34,186 These estimates shall include estimates of TexasU tab ______• ------_ 784,814 78,481 are deemed adequate to properly accom­ 214,418 21,442 amounts needed for payments under section modate the types and volume of traffic fore­ ~:~!t______159,601 15,960 207, for research as authorized by section 10 cast for the 20 years immediately following Washington ______512,514 51, ~~1 (a) of the Federal-Aid Highway Act of 1954, enactment of this act. Such standards shall 420,742 42,074 232,726 23,273 and for administrative purposes in an provide for the development of a system as 290,158 29,016 amount not exceeding one-tenth of 1 per­ nationally uniform in characteristics as pos­ ;r:,~o!!~~:~======Wyoming ______266,261 26,626 District of Columbia______cent of the funds made available by the sible within a 10-year construction period. 136,621 13,662 Corporation in any fiscal year. The Cor­ "(c) The right-of-way width on the in­ poration shall promptly make available funds terstate system shall be adequate to permit Provided, That the Secretary shall, in co­ to the Secretary as required by his annual construction of the route to the geometric operation with the several States, reevaluate estimate. standards provided for in subparagraph (b) the remaining needs of the interstate system "(d) The Secretary is authorized to ad­ for a period of at least 20 years following the in the several States in 1958, 1961, and 1964, vance funds to each State to permit prompt date of authorization of a project under this and shall render a written report to the Con­ payment of construction costs. act. Such width shall not be deemed ade­ gress on or before the first day of February "(e) Payments to the States made pur• quate if ( 1) it does not include provision in each of such years containing the results for the addition of more traffic lanes at a suant to this section shall be subject to the of such reevaluation and his recommenda­ conditions (1) that construction of projects future date, except that the maximum width tions with reference to any proposed changes in any case need not exceed that necessary. on the interstate system in each State shall in the distribution of the balance of the be in accordance with the standards ap• for three moving lanes in each direction, funds apportioned in the foregoing table: plus service roads as necessary; and if (2) it proved by the Secretary; (2) that the State Provided further, That the Federal share participates in the costs of construction in does not contain the proper and necessary payable on account of any project on the degree and type of control of access or exits each fiscal year in the matching amount National System of Interstate Highways pro­ provided for such State under the terms of from the highway which will permit maxi­ vided for by funds made available hereunder mum freedom of traffic flow and promote section 205 (a); and (3) that the State will shall be 90 percent of the total cost thereof, have the same obligations as to maintenance national safety. plus a percentage of the remaining 10 per­ "(d) The standards shall be periodically of the projects constructed under this act cent of such cost in any State containing un­ that it has under Federal-aid highway leg­ reviewed by the Secretary, after consultation appropriated and unreserved public lands with the appropriate State and Federal offi­ islation, and nontaxable Indian lands, individual and "Labor standards cials, to insure maximum utility of the com­ tribal, exceeding 5 percent of the total area pleted system with due recognition to the of all lands therein, equal to the percentage "SEC. 207. The Secretary of Commerce shall take such action as may be necessary desirability of developing a national system that the area of such lands in such State is having the- greatest uniformity of charac­ of its total area; And provided further, That to insure that all laborers and mechanics teristics possible, employed by contractors or subcontractors such Federal share payable on any project on the initial work performed on highway "Expenditure authorization in any State shall not exceed 95 percent of projects in the national system of interstate "SEC. 204. The Secretary is hereby author­ the total cost of such project. highways authorized by this act shall be ized to make payments in an amount not to "(b) On or before April 1, 1956, each State paid wages at rates not less than those pre­ exceed $25 b1111on or such lesser sum as esti­ desiring to avail itself of funds hereunder vamng on similar construction in the im• mated by the Corporation on the basis of shall file a statement, and an estimate of the mediate locality as determined by the Sec­ prospective revenues to be the maximum cost as of January 1, 1956, of bringing that retary of Labor in accordance with the act amount to be available for the purposes of portion of the designated interstate mileage · of August 30, 1935, known as the Davis-Baco,n this act, · within its. boundaries up _to the s~andards Act (40 use. Sec. 276 (a)). .1.955 CONGRESSIONAL RECORD - HOUSE 11717 "Right-of-way acquisition a clause providing that ·the State will not Bosch Hinshaw PUlion "SEC. 207. (a) If the Secretary shall de­ permit automotive service stations or other Bow Hoeven Poff termine that the State highway department commercial establishments to be constructed Bray Hoffman, Ill. Prouty of any State is unable to obtain possession or located on the right-of-way of the na­ Brooks, La. Hoffman, Mich. Ray tional system in such State. Brown, Ohio Holmes Reed, Ill. and the. right to enter upon and use the Brownson Holt Rees, Kans. rights-of-way, lands or interest in lands, im­ "TITLE m-MISCELLANEOUS Broyhill Hope Rhodes, Ariz. proved or unimproved, including the control Budge Horan Riehlman of access thereto from adjoining lands, re­ "Definitions Burdick Hosmer Robsion, Ky. quired for any project on the interstate sys­ "SEC. 301. As used in this act, unless the Bush Hyde Rogers, Colo. tem with sufficient promptness, and each context requires otherwise-- Canfield Jackson Rogers, Mass. such State has agreed with the Secretary to "(a) The term "interstate system" means Carrigg James Sadlak the National System of Interstate Highways Cederberg Jenkins St. George pay, at such time as may be specified by the Chase Jensen Saylor Secretary, an amount equal to 10 percent of as authorized to be designated by section 7 Chenoweth Johansen Schenck the costs incurred by the Secretary in ac­ of the Federal-Aid Highway Act of 1944, and Church Johnson, Calif. Scherer quiring such lands or interest in lands, or includes those routes heretofore designated Clevenger Jonas Schwengel such lesser percentage as may be applicable by the Commissioner of the Bureau of Pub­ Cole Judd Scott under the provisions of section 205 (a) , the lic Roads, as well as routes to be hereafter Coon Kean Scrivner designated. The mileage so designated as of Corbett Kearns Scudder Secretary is authorized, upon the request of Coudert Keating Seely-Brown such a State, prior to approval of title by the June 30, 1954, is thirty-seven thousand six Cramer King, Pa. Sheehan Attorney General, and in the name of the hundred miles. 'The mileage of the routes so Cretella Knox Short United States, to acquire, enter upon, and designated is calculated by stating the mile­ Cunningham Laird Siler take possession of such rights-of-way, lands age of the most traveled highway between Curtis, Mass. Lane Simpson, Ill. control points. The mileage of the entire Dague Latham Simpson, Pa. or interests in lands, including the control Dawson, Utah Lecompte Sisk of access thereto from adjoining lands, by system is limited to forty thousand miles. "(b) The term 'Corporation' means the Derounian Lipscomb Smith, Kans. purchase, donation, condemnation or other­ Devereux Lovre Smith, Wis. wise in accordance with the laws of the Interstate Highway Finance Corporation ere. Dixon McConnell Springer United States (including the Act of February ated by title I of this act. Dodd McCulloch Taber 26, 1931; 46 Stat. 1421), and to expend funds " ( c) The term 'Secretary' means the Sec­ Dolliver McDonough Talle for projects thereon. The authority granted retary of Commerce. Dondero McGregor Taylor Dorn, N. Y. McIntire Teague, Calif. by this section shall also apply to lands and "(d) The term 'Federal-aid highway legis­ lation' means 'the act providing that the Ellsworth Macdonald Thompson. interest in lands received as grants of land Fenton Mack, Wash. Mich. from the United States and owned or held United States shall aid the States in the con­ Fino Mailliard Thomson, Wyo. by railroads or other corporations. The cost struction of rural post roads and for other Fjare Martin Tollefson incurred by the Secretary in acquiring any ·purposes,' approved June 11, 1916, as amend­ Ford Mason Utt such rights-of-way, lands or interests in ed and supplemented. Frelinghuysen Meader Van Pelt Fulton Merrow Van Zandt lands may include the cost of examination "Amendment to Corporation Control Act Gamble Miller, Md. Velde and abstract of title, certificate of title, ad­ "SEC. 302. Section 101 of the Government Gavin Miller, Nebr, Vorys vertising, and any fees incidental to such Corporation · Control Act ( 59 Stat. 597), as George Miller, N. Y, Vursell acquisition; and shall be payable out of the amended, is hereby further amended by add­ Gross Minshall Wainwright funds apportioned to the State hereunder Gubser Morano Weaver ing thereto the words 'Federal Highway Cor­ Hale Moulder Westland available to the Secretary for construction of poration.' projects on the interstate system. The Sec­ Halleck Nelson Wharton "Construction of this act Hand Nicholson Widnall retary is further authorized and directed by Harden Norblad Wigglesworth proper deed, executed in the name of the "SEC. 303. If any section, subsection, or Harrison, Nebr. O'Hara, Minn. Williams, N. Y. United States, to convey any such rights­ other provision of this act, or the application Harvey O'Konski Wilson, Calif. of-way, lands, or interest in lands, including thereof to any person or circumstance is held Henderson Osmers Wilson, Ind. the control of access thereto from adjoining invalid, the remainder of this act and the Heselton Ostertag Withrow application of such section, subsection, or Hess Patterson Wolcott lands, acquired in any State under the pro­ Hiestand Pelly Wolverton visions of this section, except the outside other provision to other persons or circum­ Hill Phillips Younger five .feet of any such right-of-way in States stance shall not be affected thereby. NAYS-221 unable or unwilling to control access, to the "Effect on present law State highway department of such State or "SEC. 304. All provisions of Federal-aid Abbitt Davis, Ga. Hagen to such political subdivision thereof as its Abernethy Davis, Tenn. Haley laws may provide, upon such terms and con­ highway legislation shall remain in full force Addonizio Davis, Wis. Harris ditions as may be agreed upon by the Sec­ and effect, and shall apply to the required Albert Dawson, DI. Harrison, Va. retary and the State highway department, actions to be taken, and payments to be Alexander Deane Hays, Ark. made, by the Secretary under this act in Alger Delaney Hays, Ohio or political subdivisions to Which the con­ Andrews Dempsey Hayworth veyance is to be made. Whenever the State connection with the interstate system with the same force and effect that said provisions Ashley Denton Hebert is able and agrees to control access, the out­ Ashmore Dies Herlong side five feet may be conveyed to it. of the said legislation applied to such actions Aspinall Diggs Holifield "(b) Whenever rights-of-way on the in­ and payments in connection with the inter­ Bailey Dollinger Holtzman terstate system are required over public lands state system prior to the passage of this act, Barden Donohue Huddleston of the United States, the Secretary may make except that the provisions of this act shall Barrett Donovan Hull supersede any provision of the said legisla­ Bass, Tenn. Dorn,S.C. Ikard such arrangements with the agency having Bell Dowdy Jarman jurisdiction over such lands as may be nec­ tion which conflicts with a provision of this act, except that section 13 of the Federal-Aid Bennett, Fla. Doyle Jennings essary to give the State or other person Blatnik Durham Johnson, Wis. constructing the projects on such lands ade­ Highway Act of 1950 shall not be applicable Blitch Edmondson Jones, Ala. quate. rights-of-way and control of access to the interstate system, and for the pur­ Boggs Elliott Jones, Mo. poses of section 12 of the Hayden-Cartwright Boland Engle Jones, N. C. . thereto from adjoining lands, and any such Bolling Evins agency is hereby directed to cooperate with Act, the allocations made under this act shall Karsten not be deemed an apportionment.'' Bonner Fallon Kee the Secretary in this connection. Bowler Fascell Kelley, Pa. " ( c) The Secretary may adopt such regula­ Without objection the previous ques­ Boyle Feighan Kelly,N. Y. tions as he deems advisable to protect fully tion was ordered on the motion to recom­ Brooks, Tex. Fernandez Keogh the interests of the United States in the ac­ Brown.Ga. Fine Ktlday quisition of rights-of-way. He may take mit. Buckley Fisher Kilgore Mr. MARTIN. Mr. Speaker, on that Burleson Flood King, Calif. such action as necessary to carry out such Burnside Flynt Kirwan regulations. I demand the yeas and nays. Byrd Fogarty · Klein All agreements between the Secretary and The yeas and nays were ordered. Byrne.Pa. Forand Kluczynskl the State highway department for the con­ The question was taken; and there Byrnes, Wis. Forrester Knutson struction of projects on the national system Cannon Fountain Landrum were-yeas 193, nays 221, not voting 20, Carlyle Frazier Lanham may contain a clause providing that the as follows: State will not add any points of access to, or Carnahan Friedel Lankford [Roll No. 132] Celler Garmatz Lesinski exit from, the project in addition to those Chatham Gary Long approved by the Secretary in the plans for YEAS-193 Chelf Gathings McCarthy · such project, without the prior approval of Adair Avery Belcher Christopher Gentry McCormack the Secretary. Such agreements shall also Allen, Cali!, Ayres Bennett, Mich. Chudoff Gordon McDowell contain such provisions as the Secretary feels Allen,Ill. Baker Bentley Clark Granahan McMUlan necessary to insure that the users of the Na­ Andersen, Baldwin Berry Colmer Grant McVey H. Carl Bass, N.H. Betts Cooley Gray Machrowlcz tional System will -receive the benefits of free Andresen, Bates Bolton, Cooper Green, Oreg. Mack, Ill. competition in purchasing supplies and serv­ AugustH. Baumhart FrancesP. Crumpacker Green, Pa. Madden ices at or adjacent to highways in such sys­ Arends Beamer Bolton, Curtis, Mo, Gregory Magnuson tem, and such agreements shall also contain Auchincloss Becker OliverP. Davidson Griffiths Mahon 11718 CONGRESSIONAL RECORD - HOUSE July 27

Marshall Price Sullivan Matthews Priest Thompson, N. J. Thompson, Walter Williams, N. Y. Matthews Priest Teague, Tex. Metcalf Prouty Thompson, Tex. . Mich. Watts Wilson, Calif. Metcalf Quigley Thomas · Miller, Calif. Rabaut Thornberry Thomson, Wyo. Weaver Wilson, Ind. Miller, Calif. Rabaut Thompson, La. Mills Reuss Tollefson Tuck Westland Winstead Mills Rains Thompson, Tex. Minshall Rodino Trimble Utt Wharton Withrow Mollohan Reuss Thornberry Moss Rooney Tumulty Van Pelt Whitten Wolcott Morgan Rhodes, Pa. Trimble Multer Schenck Udall · Van Zandt Wickersham Wolverton Morrison Richards Tuck Murray, Ill. Scherer Vanik Velde Widnall Wright Moss Riley Tumulty Norblad Scudder Wainwright Vinson Wier Younger Multer Roberts Udall O'Brien, Ill. Sheppard Williams, N. J, Vorys Wigglesworth Murray, Ill. Robeson, Va. Vanik O'Neill Short Willis Vursell Williams, Miss. Murray, Tenn. Rodino Vinson Patman Sieminski Yates Natcher Rogers, Fla. Walter Pfost Sisk Young NOT VOTING-19 Norrell Rogers, Tex. Watts Polk Steed Zablocki Anfuso Hardy Radwan O'Brien, Ill. Rooney Whitten Powell Teague, Tex. Zelenko Boykin Hillings Reece, Tenn. O'Brien, N. Y. Roosevelt Wickersham Price Thomas Buchanan Kearney Reed,N. Y. Chiperfield O'Hara, Ill, Rutherford Wier NAYS-292 Kilburn Rivers O'Neill Selden Williams, Miss. Dingell Krueger Shelley Passman Sheppard Williams, N. J. Abbitt Edmondson McIntire Eberharter Mumma Patman Shuford Willis Abernethy Ellsworth McM1llan Gwinn Perkins Pfost Sieminski Winstead Adair Engle McVey Philbin Sikes Wright Alexander Feighan Macdonald So the bill was rejected. Pilcher Smith, Miss. Yates Allen, Ill. Fen ton Maek, Ill. The Clerk announced the fallowing Poage Smith, Va. Young Andersen, Fino Madden pairs: Polk Spence Zablocki H. Carl Fisher Magnuson Powell Staggers Zelenko Andresen, Fjare Mahon On this vote: Preston Steed AugustH. Flood Marshall Mr. Dingell for, with Mr. Boykin against. Andrews Flynt Martin NOT VOTING-20 Arends Fogarty Mason Mr. Anfuso for, with Mr. Eberharter Anfuso Hardy Radwan Ashmore Ford Meader against. Boykin Hillings Reece, Tenn. Aspinall Forrester Merrow Buchanan Kearney Reed, N.Y. Auchincloss Fountain Miller, Md. Until further notice: Chiperfield Kilburn Rivers Avery Frazier Miller, Nebr. Mr. Rivers with Mr. Chlperfield. Dingell Krueger Shelley Ayres Friedel Miller, N. Y. Mr. Shelley with Mr. Hillings. Thompson, N. J. Eberharter ·Mumma Baker Fulton Mollohan Mr. Hardy with Mr. Radwan. Gwinn Perkins Baldwin Gamble Morano Barden Garmatz Morgan Mrs. Buchanan with Mr. Reece of Ten­ So the motion to recommit was re­ Barrett Gary Morrison nessee. jected. Bass, Tenn. Gathings Moulder The Clerk announced the following Bates Gavin Murray, Tenn. Mrs. GREEN of Oregon, Mr. BROOKS Beamer George Natcher of Louisiana and Mr. HYDE changed pairs: Becker Granahan Nelson their votes from "yea" to "nay." On this vote: Belcher Grant Nicholson The result of the vote was announced Chiperfield for, with Mr. Anfuso Bell Green, Oreg. Norrell Mr. Bentley Green, Pa. O'Brien, N. Y. as above recorded. against. Berry Gross O'Hara, Ill. Mr. Hillings for, with Mr. Dingell against. Betts Gubser O'Hara, Minn. Mr. Reece of Tennessee for, with Mr. Eber- Blitch Hagen O'Konsk1 harter against. Boland Haley Osmers FURTHER MESSAGE FROM THE Mr. Krueger for, with Mr. She~ley against. Bonner Halleck Ostertag SENATE Mr. Kearney for, with Mr. Boykin against. Bosch Hand Passman Bow Harden Patterson Mr. Radwan for, with Mr. Rivers against. Bowler Harris Pelly A further message from the Senate, Mr. Gwinn for, with Mr. Thompson of New Bray Harrison, Nebr. Philbin by Mr. Carrell, one of its clerks, an­ Jersey against. Brooks, La. 'Harrison, Va. Phillips nounced that the Senate .agrees to the Mr. Kilburn for, with Mrs. Buchanan Brooks, Tex. Harvey Pilcher reports of the committees of conference against. Brown.Ga. Henderson Pillion Brownson Herlong Poage on the disagreeing votes of the two Until further notice: Broyhill Heselton Poff houses on the amendments of the Sen­ Budge Hess Preston ate to a bill and a joint resolution of the Mr. Hardy with Mr. Reed of New York. Burdick Hiestand Quigley Burleson Hlll Rains House of the following titles: Mr. BOWLER changed his vote from Bush Hinshaw Ray H. R. 3822. An act to amend title V of "yea" to "nay." · Byrd Hoeven Reed, Ill. the Agricultural Act of 1949, as amended; The result of the vote was announced Byrne.Pa. Hoffman, Ill. Rees, Kans. and Byrnes, Wis. Hoffman, Mich. Rhodes, Ariz. as above recorded. Canfield Holifield Rhodes, Pa. H. J. Res. 157. Joint resolution to estab­ The SPEAKER. The question is on Carlyle Holt Richards lish a Commission on Government Security. the passage of the bill. Carrigg Hope Riehlman Cederberg Horan Riley Mr. MASON. Mr. Speaker, on that I Chase Hosmer Roberts demand the yeas and nays. Chatham Huddleston Robeson, Va. MUTUAL SECURITY APPROPRIA­ The yeas and nays were ordered. _Chelf Hyde Robsion, Ky. TION BILL, 1956 The question was taken; and there Chenoweth Jackson Rogers, Colo. Chudoff James Rogers, Fla. Mr. PASSMAN. Mr. Speaker, I ask w~re-yeas 123, nays 292, not voting 19, Church Jarman Rogers, Mass, unanimous consent that the managers on as follows: Clevenger Jenkins Rogers, Tex. [Roll No. 133] Cole Jensen Roosevelt the part of the House may have until ·Colmer Johansen Rutherford midnight tonight to file a conference re­ YEAS-123 Cooley Johnson, Calif. Sadlak port on the bill H. R. 7224, the mutual Addonizio Coon Hays, Ohio Corbett Jonas St. George Albert Cooper Hayworth Coudert Jones, Ala. Saylor security appropriation bill. Alger Davidson Hebert Cramer Jones, N. C. Schwengel The SPEAKER. Is there objection to Allen, Calif. Delaney Holmes Cretella Judd Scott the request of the gentleman from Lou­ Ashley Dempsey Holtzman Crumpacker Kearns Scrivner Bailey Diggs Hull Cunningham Keating Seely-Brown isiana? Bass, N. H. Dixon Ikard Curtis, Mass. Kee Selden There was no objection. Baumhart Dollinger Jennings Curtis, Mo. Kelley, Pa. Sheehan Bennett, Fla. Dondero Johnson, Wis. Dague Kilgore Shuford Bennett, Mich. Donovan Jones, Mo. Davis, Ga. King, Pa. Sikes Blatnik Doyle Karsten Davis, Tenn. Kirwan Siler FOREIGN CLAIMS SETTLEMENT Boggs Elliott Kean Davis, Wis. Knox Simpson, Ill. COMMISSION Bolllng Evins Kelly, N. Y. Dawson, Ill. Knutson Simpson, Pa. Bolton, Fallon Keogh Dawson, Utah Laird Smith, Kans. Mr. RICHARDS. Mr. Speaker, l ask Frances P. Fascell Kilday Deane Landrum Smith, Miss. Bolton, Fernandez King, Calif. Denton Lane Smith, Va. unanimous consent that the managers OllverP. Fine Klein Derounian Lanham Smith, Wis. on the part of the House on the bill H. R. Boyle Forand Kluczynskl Devereux Lankford Spence 6382, the Foreign Claims Settlement Brown, Ohio Frelinghuysen Lesinski Dies Latham Springer Buckley Gentry McCarthy Dodd Lecompte Staggers Commission bill, may have until mid­ Burnside Gordon McCormack Dolliver Lipscomb Sullivan night tonight to file a conference report. Cannon Gray McCulloch Donohue Long Taber The SPEAKER. Is there objection to Carnahan Gregory McGregor Dorn,N. Y, Lovre Talle Celler Griffl.ths Machrowicz Dorn, S. C. McConnell Taylor the request of the gentleman from South Christopher Hale Mack, Wash. Dowdy McDonough Teague, Calif. Carolina? Clark Hays,Ark. Ma1111ard Durham McDowell Thompson,La. There was no objection. 1955 CONGRESSIONAL RECORD - HOUSE 11719 COMMITTEE ON WAYS AND. MEANS Mr. GROSS. The question I want to AMENDING SECTION 2254 OF TITLE Mr. COOPER. Mr. Speaker, I ask ask is whether they are to be built in 28 OF THE UNITED STATES CODE unanimous consent that the Committee American shipyards or British ship­ Mr. O'NEILL, from the Committee on on Ways and Means may have until mid­ yards? Rules, reported the following privileged night tonight to file reports on the fol­ Mr. BONNER. They wilt be built in resolution (H. Res. 318, Rept. No. 1466), lowing bills: H. R. 3653, H. R. 4376, H. R. American shipyards by American labor which was referred to the House Cal­ 4581, H. R. 5249, H. R. 6122, H. R. 6595, and of American materials. endar and ordered to be printed: H. R. 7012, H. R. 7054, H. R. 7095, and Mr. MARTIN. Mr. Speaker, I with­ draw my reservation of objection. .Resolved, That upon the adoption of this H. R. 7364. resolution it shall be in order to move that The SPEAKER. Is there objection to The SPEAKER. Is there objection to the House resolve itself into the Committee the request of the gentleman from Ten­ the present consideration of the bill? of the Whole House on the State of the nessee? There was no objection. Union for the consideration of the bill (H. R. There was no objection. The Clerk read the bill, as follows: 5649) to amend section 2254 of title 28 of Be it enacted, etc., That there is hereby the United States Code in reference to appli­ authorized to be constructed for the Depart­ cations for writs of habeas corpus by persons CONSTRUCTION OF SURVEYING ment of Commerce two surveying ships of in custody pursuant to the judgment of a SHIPS FOR COAST AND GEODETIC not over 2,500 displacement tons each, under State court. After general debate, which a limit of cost of $3,700,000 each, including shall be confined to the bill, and shall con­ SURVEY costs of preparation of plans and specifica­ tinue not to exceed 1 hour, to be equally Mr. BONNER. Mr. Speaker, I ask tions, cost of inspection during construction, divided and controlled by the chairman and and purchase or construction of complete ranking minority member of the Committee unanimous consent for the immediate on the Judiciary, the bill shall be read for 847) equipment and outfit: Provided, That such consideration of the bill (S. to au­ limit of cost may be exceeded or shall be amendment under the 5-minute rule. At thorize construction of two surveying reduced by an amount equal to the per­ the conclusion of the consideration of the ships for the Coast and Geodetic Survey, centage increase or decrease, if any, in ship bill for amendment, the Committee shall rise Department of Commerce, and for other construction cost generally dating from Jan­ and report the bill to the House with such purposes. uary 1, 1955, as determined by the Secre­ amendments as may have been adopted, and tary of Commerce. the previous question shall be considered as The Clerk read the title of the bill. ordered cm. the bill and amendments thereto Mr. MARTIN. Mr. Speaker, reserving SEC. 2. There is hereby authorized to be appropriated to the Secretary of Commerce, to final passage without intervening motion the right to object, will the gentleman out of any moneys in the Treasury not other­ except one motion to recommit. from North Carolina explain the bill? wise appropriated, such sums as may be Mr. BONNER. Mr. Speaker, these two necessary to carry out the provisions of this ships are to be built for the Coast and act. AUTHORIZING MODIFICATION OF Geodetic Survey. The Coast and Geo­ The bill was ordered to be read a third EXISTING PROJECT FOR THE detic Survey is now operating with 5 time, was read the third time, and passed, ships, 1 of which is 24 years old, an­ GREAT LAKES CONNECTING and a motion to reconsider was ·1aid on CHANNELS ABOVE LAKE ERIE other 37 years old, and the other 3 range the table. in about that category. Mr. MADDEN, from the Committee on The Coast and Geodetic Survey has not HOUR OF MEETING JULY 28 Rules, reported the following privileged had a vessel built since sometime before resolution (H. Res. 319, Rept. No. 1467) , the war, and only recently off the coast Mr. . McCORMACK. Mr. Speaker, I which was referred to the House Cal­ of Maine they had to use a vessel sent ask unanimous consent that when the endar and ordered to be printed: from the Pacific to do certain chart work House adjourns today it adjourn to meet at 10 o'clock tomorrow. .Resolved, That upon the adoption of this necessary for the fishing fleet. The resolution it shall be in order to move that charting of the ocean shore south of Mr. HESELTON. Mr. Speaker, re­ the House resolve itself into the Committee the Virginia Capes is ancient; the chart serving the right to object, may I in­ of the Whole House on the State of the has not been made there in many many quire of the majority leader whether it Union for the consideration of the bill (H. R. years. These charts are similar and in is the intention of the leadership to ask 2552) to authorize the modification of the the category with highway maps and are the House to meet at 10 o'clock on Fri­ existing project for the Great Lakes connect­ necessary to navigation on the high seas day and Saturday of this week? ing channels above Lake Erie. After general and inland waterways. There is no ob­ Mr. McCORMACK. That probably debate, which shall be confined to the bill, might possibly be the case on Friday. I and shall continue not to exceed 1 hour, to jection to the bill that I know of. be equally divided and controlled by the Mr. MARTIN. Was it reported unani­ would not want to project my mind as chairman and ranking minority member of mously by the ·committee? far ahead as Saturday. I say "prob­ the Committee on Public Works, the bill Mr. BONNER. It was reported out of ably." shall be read for amendment under the 5- the Committee on Merchant Marine Mr. HESELTON. Can the majority minute rule. At the conclusion of the con­ leader indicate to the House his idea of sideration of the bill for amendment, the unanimously. Committee shall rise and report the bill to Mr. HALE. Mr. Speaker, will the gen­ adjournment at this time? Mr. McCORMACK. That depends on the House with such amendments as may tleman yield? have been adopted, and the previous ques­ what may occur in the next day or two. tion shall be considered as ordered on the Mr. MARTIN. I yield to the gentle­ I would say we can reasonably expect man from Maine. bill and amendments thereto to final pas­ to do so by next Tuesday or Wednesday. sage without intervening motion except one Mr. HALE. May I ask the gentleman That would be my best guess. That is motion to recommit. from North Carolina if this is not sub­ guesswork, of course, and anybody can stantially the bill which was introduced guess as well as I can. by Senator PAYNE, of Maine, in the other Mr. HESELTON. The leader feels it is body? AUTHORIZING THE COMMITTEE ON necessary to come in at 10 o'clock to­ EDUCATION AND LABOR TO CON­ Mr. BONNER. That is my under­ morrow morning? standing, and the gentleman from Maine Mr. McCORMACK. I am making such DUCT CERTAIN STUDIES AND IN­ [Mr. HALE] appeared before the Mer­ a request. VESTIGATIONS chant Marine Committee in behalf of the Mr. GROSS. Mr. Speaker, reserving Mr. TRIMBLE, from the Committee bill. the right to object, is it now proposed, on Rules, reported the following privi­ Mr. MARTIN. I understand about in view of the vote this afternoon in the leged resolution (H. Res. 316, Rept. No. that bill and think it is a meritorious bill. House, to make a trial run of this 1468), which was referred to the House . Mr. GROSS. Mr. Speaker, will the natural-gas bill? Calendar and ordered to be printed: gentleman yield? Mr. McCORMACK. The Natural Gas Resolved, That House Resolution 154, 84th Mr. MARTIN. I yield. Act will be the first order of business Congress, is amended by striking out the Mr. GROSS. Does this provide for tomorrow. words "within the United States" where it building ships? The SPEAKER. Is there objection to appears in said resolution and inserting in Mr. BONNER. It provides for the the request of the gentleman from Mas- lieu thereof the words "within the United building of two ships at a cost of $3,- sachusetts? States, . its Territories and possessions, and 700,000. There was no objection. the Commonwealth of Puerto Rico." 11720 CONGRESSIONAL RECORD - HOUSE July 27 AMENDING DEFENSE PRODUCTION Mr. H. CARL ANDERSEN. Mr. with which to support free television and ACT OF 1950 Speaker, reserving the right to object, to make a profit .over and above these will the gentleman.inform the House as large costs. Mr. THORNBERRY, from the Com­ to what the Senate amendment is? Now it is proposed that we should also mittee on Rules, reported the following Mr. ENGLE. Mr. Speaker, this is a bill have subscription television, whereby privileged resolution

WHY THE REPORT IS BEING SUPPRESSED tion and announce whether he is going owners who have been shooting them Mr. Speaker, I suggest that the reason to permit these California duck clubs over baited blinds. It will provide a use­ the Department of the Interior refuses once again to flout the Federal anti­ ful outlet, at no cost to the taxpayers, to let the Congress and the public look baiting laws. for CCC wheat which would otherwise go at the Lostetter report is that the report USE OF SURPLUS GRAIN to waste. It will save further storage costs, and relieve already bulging ware­ shows up the Department's duck-baiting There is no reason why the Depart­ giveaway for the fraud that it is. It houses. It will stop the growing disre­ shows that the Department of the In­ ment of the Interior cannot solve the gard for Federal law, and the consequent terior is mortgaged to the California problem of depredations by waterfowl demoralization of the Fish and Wildlife club owners. It shows why Fish and to farmers' crops--and surely the De­ Service, which the Department of the :Wildlife Director Farley suppressed partment, as custodian of our water.:. Interior is fostering when it winks at mention of the report when he invited fowl resources, is responsible for solv­ duck baiting. ing this problem-without turning our Mr. Speaker, I hope that the Depart­ in the press on June 9 to explain the waterfowl resources over to the tender Department's position. ment of the Interior will come to its The reason the Department of the In­ mercies of the gamehogs who shoot over senses and call off this vicious duck­ terior will not produce the Lostetter re­ baited blinds. baiting program. I hope it will restore port is because its production would In order to prevent crop damage by the morale of its Fish and Wildlife agents cause the Department's duck-baiting migratory waterfowl without killing off by encouraging them vigorously to en­ the waterfowl, I have today introduced force. the antibaiting law. I hope it will program to collapse. for appropriate reference a bill which OTHERS AGREE WITH LOSTETTER press for enactment of the bill I have to­ will permit the Secretary of the Interior day introduced to prevent depredations In addition to the Lostetter report, to requisition surplus wheat no longer to California farmers. And I hope it will abundant evidence outside the Depart­ desirable for human consumption from stop kidding the press and the public by ment of the Interior exists to show that the vast stocks of the Commodity Credit continuing to suppress evidence of its the California duck-baiting program is Corporation. As a result of the wheat own mishandling of our priceless migra­ a farce as far as preventing crop depre­ price-support program for the last 5 tory waterfowl resources. dation is concerned. Here is what Dr. years the CCC now has in storage more Ira N. Gabrielson, president of the Wild­ than 1 billion bushels of wheat, or enough life Management Institute of Washing­ to take care of the entire domestic needs MEETING AT THE SUMMIT ton, D. C., had to say on May 24, 1955, in for wheat for more than 60 years. Much M:::. ZABLOCKI. Mr. Speaker, I ask a talk before the National Citizens Plan­ of this wheat is now stored on the west unanimous consent to address the House ning Conference on Parks and Open coast, in Oregon, near to the areas of for 1 minute and to revise and extend my Spaces for the American People in Wash­ duck depredation. Much of this wheat remarks. ington: has so deteriorated that it is no longer The SPEAKER. Is there objection to The California experimental feeding pro­ desirable for human consumption. In the request of the gentleman from gram has now been in effect for 2 years. Fol­ the first 6 months of 1955 the CCC dis­ Wisconsin? lowing the first year's operation, there was posed of 4 million bushels of wheat from There was no objection. widespread criticism of the manner in which it had beeh carried out. A review of its warehouses which had either spoiled Mr. ZABLOCKI. Mr. Speaker, I take the information furnished by the California or was in danger of spoilage. Out-of­ this time in order to call to the atten­ Department of Fish and Game does not in­ condi tion wheat is extremely attractive tion of the membership a report from dicate that the program has improved ma­ food for ducks, and guaranteed to lure France saying that Premier Faure had terially in its second year's operation and them away from depredations on farm- disclosed today that the last-hour pro­ that it has had little value in reducing dep­ ers' crops. · posal by President Eisenhower had redations, the chief reason given in Justi­ MUCH WHEAT AVAILABLE broken the deadlock at the Geneva Con­ fying it. ference and insured its success. I am In the first year, 141 clubs were licensed Under the bill which I have intro­ to feed and this year 140 clubs actually par­ duced, the Secretary of the Interior not saying, Mr. Speaker, that in order ticipated. The real depredations on the rice would make such grain available to Fed­ to have a successful conference there and other grain crops in California normal­ eral, State, and local agencies, and to must not be secret negotiations, but we ly come before the hunting season, and feed­ private persons and organizations, for were advised repeatedly that there were ing before the hunting season is probably no secret concessions at the summit. I the major contribution that this feeding the purpose of feeding ducks without, of quote from this article : program could possibly make. Reports in­ course, shooting them, and thus luring dicate that in 1953, slightly under 20 percent them away from farmers' crops. The The secrecy of the final conference session of the total amount of feed provided was feeding program could be carried on prevented M. Faure from explaining just used prior to the hunting season; while in what the items were that deadlocked the wherever ducks are bothering farmers, conference or what Mr. Eisenhower proposed, 1954, it was slightly over 20 percent. The whether in the open season or out of the total amount of food so provided is not in order to break the deadlock. great enough to provide any significant part open season. The amount of deteriorated wheat now Mr. FEIGHAN. Mr. Speaker, will the of this food supply for waterfowl reported gentleman yield? from California at that season, and it ap­ held by the CCC is vastly in excess of pears certain that, as far as reducing depre­ what would be required for such a feed­ Mr. ZABLOCKI. I yield to the gentle­ dations is concerned, this has not been a con­ ing program. For example, if each of man from Ohio. spicuous success. the 140 duck-hunting clubs in Califor­ Mr. FEIGHAN. Does the gentleman not believe that it would be better for SECRETARY MUST DECIDE nia which are now shooting over bait us to continue our foreign policy by It should be noted that the baiting disposed of 100 bushels of wheat a season, this would be a total of 1,400 bushels. open covenants openly arrived at, as occurs only where the club owners wish fully enunciated by President Wilson? to bait, not where it will do the most good It is estimated that there are at least 500,000 bushels of CCC wheat now either Mr. ZABLOCKI. It is my opinion to lure the ducks away from the farmers' that open covenants are preferable, but fields. Baiting occurs not at the time deteriorated or in imminent danger of deteriorating. This includes "sick" I am sure the gentleman will admit that when the depredations are greatest, but they cannot be arrived at in open nego­ very largely during the open season when wheat, and wheat containing weevils or tiations and agreement. the baiters can shoot the ducks. Finally, rat pellets. The most massive and ade­ quate duck-feeding program imaginable, Mr. Speaker, the article further states shooting over baited areas means that that- the ducks tend to be driven right back therefore, would hardly be a dent in the stock of deteriorated wheat now held by President Eisenhower sald he was going to the farmers' fields, instead of being al­ to put an end to the discussion because the lowed to come in to feed over areas closed the CCC. conference had to succeed, that he was thus to shooting. BILL WILL SAVE FARMERS FROM DUCKS, DUCKS going to make a concession, and that the Next month, in August, it is up to the FROM CLUB OWNERS important thing was to keep the spirit of Department of the Interior to issue its Enactment of this bill will save the the conference afterward so that good re­ regulations for the 1955 shooting sea­ California rice and grain farmers from sults could be reached. son. The Secretary of the Interior will the ducks. At the same time, it will save Further, M. Faure referred briefly to then have to stand up before the Na- the ducks from the California club what he called another deeply moving 1955 CONGRESSIONAL RECORD - HOUSE 11725 moment of the final restricted session the measure and after full publicity had Mr. JUDD. Nobody ever denied there of the chiefs of government. This also been given the matter and my office was were secret negotiations. That was re­ took place on Saturday, he said, when advised of the results in the early after­ ported openly in the press. Mr. Eisenhower spoke about the future noon. Mr. HALLECK. The gentleman used of the world in the ·little room where the It appears that the poll clearly indi­ the words secret agreements. chiefs of government had withdrawn. cates that the people of the First Dis­ The SPEAKER. The time of the gen­ I hope that this report is in error in this trict of Florida do not look kindly upon, tleman has expired. respect-that the first concession was nor are they willing to accept, additional made by President Eisenhower, because taxes at this time, even for such a worthy I would like to believe that President project as this highway bill. SPECIAL ORDER GRANTED Eisenhower and Secretary of State Dulles I supported the Eisenhower proposal have accurately reported to the Congress in the Dondero bill, which would have Mr. MARSHALL asked and was given and the people on the recent meeting at provided an adequate road system with­ permission to address the House for 20 the summit. out additional taxes only after due and minutes on Monday next, following the The SPEAKER. The time of the deliberate consideration which, of course, legislative program and any special or­ gentleman from Wisconsin has expired. I had an opportunity to make after some ders heretofore entered. 11 weeks of the hearings before the Pub­ lic Works Committee of which I am a GENERAL LEAVE TO EXTEND member. I supported this plan in com­ LIBERIA'S CENTENNIAL mittee, feeling all along that the tem­ Mr. DONDERO. Mr. Speaker, I ask perament of this Congress was not one The SPEAKER. Under previous order unanimous consent that all Members to accept additional taxes at this time of the House, the gentleman from New may extend their remarks on the road and that this reflected the feeling of the York [Mr. POWELL] is recognized for 30 bill. people all over the country. It was my minutes. The SPEAKER. Is there objection to sincere effort to work for a bill that had Mr. POWELL. Mr. Speaker, I rise to­ the request of the gentleman from a reasonable chance of passage and that day to send greetings to the country of Michigan? would accomplish the much-needed Liberia, which is today celebrating its There was no objection. highway construction purpose. centennial, and to salute His Honor, the Mr. CRAMER. Mr. Speaker, I have I believe that such a poll as has been President, William V. S. Tubman, who again gone to the people for counsel and taken in this instance reflects a good was recently reelected, and to extend our advice in another Cramer citizens' poll cross section of opinion in my district, congratulations to the Ambassador of before voting on a measure that would and after lengthy consideration I felt Liberia, Mr. Simpson. vitally affect their homes and lives. By obligated to vote consistent therewith. Historically and culturally Liberia's telephone I made a poll sampling opin­ roots are more closely intertwined with ion of the entire First District of Florida those of the United States than any oth­ in an effort to determine the wishes of THE GENEVA CONFERENCE er nation in the world. The -people of my constituents on the subject now be­ the United States were directly respon­ fore us and asked that they express their Mr. HALLECK. Mr. Speaker, I ask sible for the founding of Liberia. The opinion to me as to the method they pre­ unanimous consent to address the House first settlers of Liberia came from the f erred of financing the proposed high­ for 1 minute and to revise and extend my United States. way program. remarks. The two nations have helped each oth­ In my telephone poll both methods of The SPEAKER. Is there objection to er in peace and in war for more than 130 proposed financing-the President's the request of the gentleman from years. Liberia is the only nation on the pay-as-you-use bond-issue program and Indiana? continent of Africa on which the United the committee tax measure that would There was no objection. States has been able to rely as an ally provide pay-as-you-go financing-were Mr. HALLECK. Mr. Speaker, with beyond question. The United States has stated. respect to what has just been said about aided materially in the economic devel­ The question asked was: "As you the report relative to the Geneva Con­ opment of Liberia. know, there is a proposal before Congress ference, certainly there was nothing said to authorize a Federal road-building pro­ in that report that would in any way in­ Wil.LIAM V. S. TUBMAN gram at a cost of $36 billion. It is gen­ dicate that any secret agreement was William Vacanarat Shadrach Tubman erally agreed this program is needed. made. As far as I am concerned, when is the 18th President of the Republic of The construction period of the program President Eisenhower assured the Amer­ Liberia. He was elected in 1943 to serve extends over 10 to 15 years. How would ican people and all of us that no such a term of 8 years, and reelected in 1951 you suggest paying for this program? secret agreements were made, I believed for a second term of 4 years. First, pay-as-you-use, as suggested by him, and until something else is disclosed Mr. Tubman was born at Harper, President Eisenhower, involving no addi­ other than some insinuation about some Maryland County, Liberia, in 1895. His tional taxes and a bond issue with inter­ report from the French Minister then in father was Alexander Tubman, speaker est of $11 billion over a 30-year period; attendance, I think we ought to go along of the Liberian House of Representa­ or, second, pay-as-you-go plan, with ad­ with the proposition that no such secret tives, senator, and Methodist minister, a ditional taxes now of $12 billion extend­ agreements were made, because so far as descendent of early settlers who came to ing over a 15-year period, principally be­ i: am concerned, none were made. Liberia in 1834 from Augusta, Ga. Pres­ ing an additional 1-cent-per-gallon in­ Mr. JUDD. Mr. Speaker, will the gen­ ident Tubman's mother, Elizabeth Re­ creased gasoline tax, 2 cents additional tleman yield? becca (Barnes), emigrated from Atlanta, on diesel fuel, added taxe~ on trucks and Mr. HALLECK. I yield to the gentle­ Ga., in 1872. busses and large tires, exempting off­ man from Minnesota. President Tubman was graduated in the-road users?" Mr. JUDD. The story from which the 1913 from the Cape Palmas Seminary, a The result of that poll was 77.72 per­ gentleman from Wisconsin read does not Methodist missionary school, and pur­ cent in favor of the President's program say any secret agreements were made. sued higher studies under private tute­ and 22.27 percent in favor of the com­ Such an implication was given, but the lage. He later taught in the local ele­ mittee bill tax-payment plan. story itself does not say so. mentary schools. At the same time he This poll was taken through telephone Mr. HALLECK. Any attempt to read read law, passed examinations, was poll captains disbursed throughout the into the record insinuations of that kind called to the bar, and took silk in 1917. district, who called indiscriminately does a disservice to the welfare of the During the administration of Presi­ people in the area. In a period of a few country. dent Howard, Mr. 'I'ubman was appoint­ short hours over 2,000 people had been Mr. ZABLOCKI. Mr. Speaker, will the ed recorder in the monthly and probate personally contacted and asked the ques­ gentleman yield for a mere correction? court, collector of internal revenue for tion involved, and, as the figures show, Mr. HALLECK. Yes. Maryland County, and, in 1919, county the result was decisive. It is important Mr. ZABLOCKI. I did not state I attorney. As a soldier in the Liberian to note that the poll was taken on the thought there were secret agreements Army, Mr. Tubman rose through the morning of the day the House voted on made, but there were secret negotiations. ranks from private to colonel. 11726 CONGRESSIONAL RECORD - HOUSE July 27 In 1928, when he was 33 years old, Mr. cialized vocational training abroad under which but r.ecenlty gained its independ­ Tubman's unusual ability and leader­ Government scholarships. ence, and which beyond any doubt has ship was recognized in his election to the Establishment of nationwide commu.. no military capabilities to carry out any national legislature as the youngest sen­ nication facilities. aggressive acts against the U. s. S. R. or ator in the history of his nation. He . Air strips and extension of the road any of its·colonies, was shot down. served as senator with marked distinc­ system throughout the nation. . Israeli's plane, without provocation, tion until 1937, when President Edwin J. Establishment of a nationwide agricul­ without cause, and in cold blood, was Barclay appointed him as associate jus­ tural research and extension service. shot down by Bulgarian Communist tice of the Supreme Court· of Liberia. Broadening of diplomatic relations planes, an element of the international He served in this capacity until he was with principal nations and expansion of Communist consp:iracy, according to in­ elected President. · the Liberian foreign service. formed sources. Mr. Tubman is a member of Phi Beta Charter participation in the United The time has arrived for us to recog­ Sigma, past grand master of the Ancient Nations, its constituent agencies and nize that here is a practical demonstra­ Free and Accepted Masons of Liberia, other international bodies. tion-a demonstration by deed, of what past district deputy grand master of the An open-door policy of immigration the Communist leaders mean when they United Brothers of Friendship, and past and encouragement of foreign commerce claim to be advocates .of peaceful co.;. district supervisor of lodges of the Grand and investment in Liberia. existence. This act constitutes a clear United Order of Odd Fellows. Honorary Mr. FULTON. -Mr. Speaker, will the threat to peace. I therefore am today degrees conferred upon President Tub­ gentleman yield? calling upon the Secretary of State to man include that of doctor of laws from . Mr. POWELL. I yield. take steps to cause the United Nations Liberia College and Wilberforce Univer­ Mr. FULTON. I want to congratulate to demand the right by a commission sity, and doctor of civil laws and doctor the gentleman from this side of the made up of representatives of non­ of philosophy from the University of Li­ House, and also to compliment Liberia Communist nations to make a full and beria. on awarding a decoration to Mrs. Robert unhindered inquiry into this latest act Mr. Tubman is married to the former Vann, publisher of the Pittsburgh Cour­ of aggression by the Communists. Fail­ Antoinette Padmore, granddaughter of ier, as one of Pittsburgh's outstanding ure on the part of free men to establish President Arthur Barclay. He is the citizens. guilt and assess penalties for such acts of father of five children. His eldest son, Mr. POWELL. I thank the gentle­ aggression can lead us only down the William, Jr., was graduated from Gover­ man. path to world war III. nor Dummer Academy in Massachusetts Mr. EDMONDSON. Mr. Speaker, will Mr. MACHROWICZ. Mr. Speaker, and entered Harvard University in 1954. the gentleman yield? will the gentleman yield? Under President Tubman's leadership Mr. POWELL. I yield to the gentle­ Mr. FEIGHAN. I am very happy to vast programs have been successfully man. yield to the distinguished gentleman undertaken for the development of the Mr. EDMONDSON. I join in express­ from Michigan. human, natural, and economic resources ing appreciation of what my colleague Mr. MACHROWICZ. I commend my of Liberia. These have literally trans­ has done in his salute to a fine country colleague on his statement about this formed the face of great areas of his and a good friend. I also express app:re­ unfortunate incident. Those of us who country, established his nation as an ac­ cia tion of the friendship which President have studied Communist aggression, and tiv.e participant in world affairs, and re­ Tubman has demonstrated toward our I know the gentleman from Ohio has sulted in improvement and prosperity country. been a member of a committee, together unparalleled in his nation's history. This Mr. POWELL. I thank the gentle­ with me, which made an intensive study has enabled vigorous prosecution of ef­ man. of this situation, have long ago warned fective programs to extend public educa­ Congress and the American public that tion, improve public health, increase SHOOTING DOWN OF PLANE BY we cannot trust Communist promises. public works, intensify industry and BULGARIAN COMMUNISTS Incidents of this kind are bound to hap­ agriculture, expand foreign trade, im­ pen again in the future. The SPEAKER. Under previous order prove public administration, and make Mr. FEIGHAN. I thank the gentle­ great strides in the political integration of the House, the gentleman from Ohio man very much for his very illuminating and development of the nation. [Mr. FEIGHAN] is recognized for 5 min­ contribution. Always active in church and religious utes. affairs, President Tubman first visited Mr. FEIGHAN. Mr. Speaker, this morning a Constellation of Elal Israel the United States in 1928 as a delegate EXTENSION OF REMARKS to the general conference of the Meth­ Air Line carrying 57 persons was shot odist Episcopal Church, held at Kansas down by Bulgarian Communists. Ac­ By unanimous consent, permission to City, Mo. His second visit to the United cording to Greek information sources, extend remarks in the CoNGRESSION AL States was during World War II, when, this Israeli plane was shot down on the RECORD, or to revise and extend remarks, in 1943, as President-elect, he accom­ Greek Bulgarian border while flying its was granted to: · panied President Edwin Barclay in re­ regular normal passenger route, in a Mr. HYDE and to include an address. sponse to the invitation of President proper established air lane. Mr. SCHENCK. . Franklin D. Roosevelt; his visit of 1954 Among the 57 passengers who perished Mr. MILLER of Nebraska in two in­ at the invitation of President Dwight D. were 3 Americans. While their identi­ stances and in one to include an address. Eisenhower. ties have not as yet been known, it is Mr. FORRESTER and to include extrane.. These arc the administration accom­ understood they were 2 women and a ous matter. . plishments: child under 10 years of age, Greek in­ Mr. FEIGHAN in two instances and to in­ Women's suffrage. formation sources state. clude extraneous matter. The right to vote to the tribes of the Informed sources reveal that the Is­ Mr. KELLEY of Pennsylvania. Interior. raeli Government has not as yet made an official protest, but they are currently Mr. REuss and to include extraneous Tribal representation in the national attempting to get permission for a Com­ matter. legislature. mission of Inquiry to enter Bulgaria in . Mr. METCALF and to inciude extraneous Revision of the election laws and adop­ order to obtain the full facts. matter. tion of the Australian ballot. We have been led to believe that the Mr. DOYLE and to include extraneous Closer integration of tribal govern­ leaders of the Communist conspiracy matter. ment with the Central government. wanted peace; that they were willing to Mr. WOLVERTON and to include extra­ Creation of gold" reserve and other give up their conspiratorial ainis; that neous matter. financial reforms. they would no longer engage in acts of Mr. BURDICK. Creation of a system of rural clinics aggression against peace loving nations. . Mr. DoNOHUE and to include extrane­ and hospitals. It is only several days after the end­ ous matter. Expansion of public and higher educa­ ing of the .recent Conference that the , Mr. MULTER in two instances and to in• tion in Liberia and technical and spe- commercial airliner of a small nation elude extraneous matter. 1955 CONGRESSIONAL RECORD - HOUSE · 11727 • SENATE BILL REFERRED approval, bills and a joint resolution of Scout Senior Roundup Encampment, and the House of the following titles: for other ·purposes; A bill of the Senate of the following H. R. 4280 . . An act to direct the Secretary of title was taken from the Speaker's table On July 26, 1955 : Agriculture to release on behalf of the United and, under the rule, referred as follows: H. R. 2866. An act to declare a certain por­ States conditions in two deeds conveying tion of the waterway (a section of the ,t\cush­ certain -submarginal lands to Clemson Agri­ S. 56. An act authorizing construction of net River) in the city of Ni:iw Bedford and certain public works on the Mississippi River cultural College of South Carolina so as to the towns of Fairhaven and Acushnet, Mass., permit such college, subject to certain con­ for the protection of St. Louis, Mo.; to the a. nonnavigable stream; Committee on Public Works. ditions, to sell, lease, or otherwise dispose H. R. 3281. An act for the relief of Herbert of such lands; . Roscoe Martin; H. R. 4284. An act for the relief of Mrs. H. R. 3359. An act for the relief of Ray­ Mariannina Monaco; ENROLLED BILLS SIGNED mond George Palmer; H. R. 4289. An act for the relief of Vladis­ H. R. 4001. An act to provide for the man­ Mr. BURLESON, from the Committe~ lav Bevc; agement and disposition of certain public H. R. 4455. An act for the relief of Christa O!l House Administration, reported. that domain lands in the State of Oklahoma; Harkrader; that committee had e:x;amined and found H. R. 4362. To act to amend the act en­ H. R. 4707. An act for the relief of Duncan truly enrolled bills of the House of the titled "An act authorizing the construction, McQuagge; following titles, which were thereupon repair, and preservation of certain public H. R. 4717. An act to provide for the re­ works on rivers and harbors for navigation, lease of the express condition and litnita­ signed by the Speaker: flood control, and for other purposes," ap­ H. R. 2107. An act to amend the N.ational tion on certain land heretofore conveyed to proved September 3, 1954; and the trustees of the village of Sag Harbor, Defense Facilities Act of 1950 to provide for H. R. 4904. An act to extend the Renego­ additional facilities necessary for the admin­ N.Y.; tiation Act of 1951 for 2 years. H. R. 4727. An act to permit the issuance istration and training of units of the Reserve On July 27, 1955: components of the Armed Forces of the of a flag to a friend or associate of the de­ H. R. 2150. An act to further amend sec­ ceased veteran where it is not claimed by United States, and for other purposes; tion 106 of the Army-Navy Nurses Act of the next of kin; H:R. 2109. An act to authorize permanent 1947 so as to provide for certafn adjustments appointments in the United States Navy and H. R. 4747. An act to provide that rever­ in the duties of rank of nurses and women sionary interests of the United States in cer­ in the United States Marine Corps; medical specialists of the Regular Army and H. R. 5512. An act to provide for the con­ tain lands formerly conveyed to the city of Regular Air Force in the permanent grade Chandler, Okla., shall be quitclaimed in such veyance of certain property under the juris­ of captain, and for other purposes; diction of the Housing and Home Adminis­ city; H. R. 2755. An act for the relief of Benja­ H. R. 4886. An act to provide that active trator to the State of Louisiana; min Johnson; H. R. 6259. An act to amend section 8 of service in the Army and Air Force shall be H. R. 2783. An act for the relief of Andrew included in determining the ellgibllity for the act entitled "An act to establish a Dis­ Wing-Huen Tsang; trict of Columbia Armory Board and for retirement of certain commissioned officers H. R. 2944. An act for the relief of Fran­ of the Navy, Marine Corps, and Coast Guard; other purposes," approved June 4, 1948; and ziska Lindauer Ball; H. R. 7029. An act to establis;t:l a Permanent H. R. 5283. An act for the relief of Artur H. R. 2947. An act for the relief of Emelda Swislocki or Arthur Svislotzki; Committee for the Oliver Wendell Holmes Ann Schallmo; Devise, and for other purposes. H. R. 5893. An act to amend paragraph H. R. 2949. An act for the relief of Jose I (a), part I of Veterans Regulation No. The SPEAKER announced his signa­ Armando Quaresma; l (a), as amended, to make its provisions ture to enrolled bills of the Senate of the H. R. 2972. An act to require the recorda­ applicable to active service on and after June following titles: tion of scrip, lieu selection, and similar 27, 1950, and prior to February 1, 1955, and rights; · for other purposes; s. 667. An act to exempt meetings of asso­ H. R. 3048. An act for the relief of Assun­ H. R. 6277. An act to amend subsection ciations of professional hairdressers or cos­ tino Del Gobbo; 303 (c) of the Career Compensation Act of metologists from certain provisions of the H. R. 3270. An act for the relief of Giu­ 1949 relating to transportation and storage acts of June 7, 1938 (52 Stat. 611), and July seppa Arsena; of household goods of military personnel on l, 1902 (32 Stat. 622), as amended; H. R. 3354. An act for the relief of Julius permanent change of station; S. 1741. An act to exempt from taxation G. Watson; H. R. 6396. An act for the relief of Vale­ certain property of the Jewish War Veterans, H. R. 3504. An act for the relief of Eveline rie Anne Peterson; U. S. A. National Memorial, Inc., in the Wenk Neal; H. R. 6613. An act for the relief of Yuji Doi District of Columbia; H. R. 3624. An act for the relief of Olga I. and Mrs. Matsuyo Yamaoka Doi; s. 2176. An act to repeal the requirement Papadopoulou; H. R. 6980. An act providing for the con­ that public utilities engaged in the manu­ H. R. 3625. An act for the relief of George veyance of the Old Colony project to the facture and sale of electricity in the District Vourderis; Boston Housing Authority; of Columbia must submit annual reports to H. R. 3629. An act for the relief of Mrs. H. R. 7194. An act to authorize subsistence Congress. Nika Kirihara; allowances to enlisted personnel; and s. 2177. An act to repeal the prohibition H. R. 3630. An act .for the relief of Mrs. H. J. Res. 359. Joint resolution to author­ against the declaration of stock dividends by Uto Ginoza; ize the designation of October 22, 1955, as public utllities operating 1n the District of H. R. 3726. An act for the relief of Mr, National Olympic Day. Columbia; Gino Evangelista; s. 2427. An act to provide for the payment H. R. 3786. An act to incorporate the Army of compensation to officers and members of and Navy Legion of Valor of the United ADJOURNMENT the Metropolitan Police force, the United States of America; States Park Police force, the. White House H. R. 3864. An act for the relief of Mrs. Mr. ALBERT. Mr. Speaker, I move Police force, and the Fire Department of the Elizabeth A .. Traufield; that the House do now adjourn. District of Columbia, for duty performed on H. R. 3871. An act for the relief of Orvllle The motion was agreed to; accord­ their days off, when such days off are sus­ Ennis; ingly (at 5 o'clock and 48 minutes p. m.), pended during an emergency; H. R. 4044. An act for the relief of Burgal under its previous order, the House ad­ s. 2428. An act to increase the salaries of Lyden and others; journed until tomorrow, Thursday, July officers and members of the Metropolitan H. R. 4106. An act to authorize the credit­ Police force, and the Fire Department, of the ing, for certain purposes, of prior active 28, 1955, at 10 o'clock a. m. District of Columbia, the United States Park Federal commissioned service performed by Police, and the White House Police, and for a person appointed as a commissioned officer other purposes; and under section 101 or 102 of the Army-Navy REPORTS OF COMMITI'EES ON PUB­ s. 2592. An act to increase the mileage al­ Nurses Act of 1947, as amended, and for other LIC BILLS AND RESOLUTIONS lowance of United States marshals and their purposes; deputies from 7 cents per mile to 10 cents H. R. 4146. An act for the relief of Adel­ Under clause 2 of rule XIII, reports of per mile. heid (Heidi) Glessner (nee Schega); committees were delivered to the Clerk H. R. 4147. An act for the relief of Angelo for printing and reference to the proper DeVito; calendar, as follows: BILLS PRESENTED TO THE H. R. 4198. An act for the relief of Howard Mr. ENGLE: Committee of conference. PRESIDENT L. Gray; H. R. 3990. A blll to authorize the Secretary H. R. 4218. An act to authorize the Secre­ of the Interior to investigate and report to Mr. BURLESON, from the Committee tary of Defense to lend certain Army, Navy, the Congress on projects for the conserva­ on House Administration, reported that and Air Force equipment, and to provide tion, development, and utilization of the that committee did on the following certain services to the Girl Scouts of the water resourcE:s of Alaska (Rept. No. 1447). dates present to the President, for' his United States of America for use at the Girl Ordered to be. printed. · 11728 CONGRESSIONAL RECORD - HOUSE July 27 Mr. KEOGH: Committee on Ways and to authorize the Administrator of the Gen­ bill to amend section 8 o! the Civil Service Means. H. R. 6428. A blll to amend the eral Services Administration to convey cer­ Retirement Act of May 29, 1930, as amended; Internal Revenue Code of 1964- to provide tain land to the city of Milwaukee, Wis.; with amendments (Rept. No. 1473). Re­ that chapter 71 relative to transferees and without amendment (Rept. No. 1460). Re­ ferred to the Committee of the Whole House fiduciaries shall apply with respect to any ferred to the Committee of the Whole House on the State of the Union. tax imposed by the Internal Revenue Code on the State of the Union. Mr. MURRAY of Tennessee: Committee on of 1939; with amendment (Rept. No. 1448). Mr. DAVIS of Tennessee: Committee on Post Office and Civil Service. H. R. 7619. Referred to the Committee of the Whole Public Works. H. R. 7195. A bill to provide A blll to adjust the rates of compensation House on the State of the Union. for the reconveyance of lands in certain of the heads of the executive departments Mr. COOLEY: Committee of conference. reservoir projects in Texas to former owners and of certain other officials of the Federal H. R. 3822. A bill to amend title V of the of such lands; with amendment (Rept. No. Government, and for other purposes; without Agricultural Act of 1949, as amended, by i461). Referred to the Committee of the amendment (Rept. No. 1474). Referred to striking out the termination date (Rept. Whole House on the State of the Union. the Committee of the Whole House on the No. 1449). Ordered to be printed. Mr. COOLEY: Committee on Agriculture. State of the Union. Mr. COOLEY: Committee of conference. H. R. 7367. A blll to amend the Agricultural Mr. RICHARDS: Committee of conference. H. R. 2851. A bill to authorize the Com­ Adjustment Act of 1938, as amended; with H. R. 6382. A bill to amend the International modity Credit Corporation to process food amendment (Rept. No. 1462). Referred to Claims Settlement Act of 1949, as amended, commodities for donation under certain the Committee of the Whole House on the and for other purposes (Rept. No. 1475). acts (Rept. No. 1450). Ordered to be printed. State of the Union. Ordered to be printed. Mr. DAWSON of Illinois: Committee on Mr. COOLEY: Committee on Agriculture. Mr. ENGLE: Committee on Interior and Government Operations. S. 2277. An act S. 1757. An act to amend the act known as Insular Affairs. H. R. 6625. A bill to provide authorizing the Administrator of General the "Agricultural Marketing Act of 1946," for the transfer of title to certain land and Services to convey certain land to the city approved August 14, 1946; with amendment the improvements thereon to the Pueblo of of Sioux Falls, S. Dak., for park and recrea­ (Rept. No. 1468). Referred to the Committee san Lorenzo (Pueblo of Picuris), in New tional purposes, for an amount equal to the of the Whole House on the State of the Mexico, and for other purposes; without cost to the United States of acquiring such Union. amendment (Rept. No. 1476). Referred to lands from the city; without amendment Mr. ENGLE: Committee on Interior and the Committee of the Whole House on the (Rept. No. 1452). Referred to the Commit­ Insular Affairs. H. R. 585. A bill to authorize State of the Union. tee of the Whole House on the State of the the conveyance to Lake County, Calif., of the Mr. ENGLE: Committee on Interior and Union. Lower Lake Rancherla; with amendment Insular Affairs. House Joint Resolution 353. · Mr. DAWSON of Illinois: Committee on (Rept. No. 1464). Referred to the Committee Joint resolution to authorize the Secretary Government Operations. H. R. 6182. A bill of the Whole House on the State of the of the Interior to execute a certain contract to amend the Federal Property and Admin­ Union. with the Toston Irrigation District, Mont.; ietra tive Services Act of 1949 to make tem­ Mr. ENGLE: Committee on Interior and without amendment (Rept. No. 1477) . Re­ porary provision for making payments in Insular Affairs. H. R. 7284. A bill to provide ferred to the Committee of the Whole House lieu of taxes with respect to certain real for the conveyance to the State of North on the State of the Union. property transferred by the Reconstruction Dakota, for use as a State historic site, of Mr. ENGLE: Committee on Interior and Finance Corporation and its subsidiaries to the land where Chief Sitting Bull was origin­ Insular Affairs. H. R. 6994. A blll to provide other Government departments; without a:lly buried; with amendment (Rept. No. for entry and location, on discovery of a amendment (Rept. No. 1453). Referred to 1465). Referred to the Committee of the valuable source material, upon public lands the Committee of the Whole House on the Whole House on the State of the Union. of the United States classified as or known State of the Union. Mr. O'NEILL: Committee on Rules. House to be valuable for coal, and for other pur­ Mr. DAWSON of Illinois: Committee on Resolution 318. Resolution for considera­ poses; with amendments (Rept. No. 1478). Government Operations. H. R. 7156. A bill tion of H. R. 5649, a bill to amend section Referred to the Committee of the Whole to provide for the conveyance of certain land 2254 of title 28 of the United States Code in House on the State of the Union. of the United States to the board of reference to applications for writs of habeas corpus by persons in custody pursuant to the · Mr. ENGLE: Committee on Interior and county commissioners of Lee County, Fla.; Insular Affairs. H. R. 7248. A blll to amend without amendment (Rept. No. 1454). Re­ judgment of a State court; without amend­ the act extending the exterior boundary o:f ferred to the Committee of the Whole ment (Rept. No. 1466). Referred to the the Uintah and Ouray Indian Reservation House on the State of the Union. House Calendar. 1n the State of Utah so as to authorize such · Mr. DAWSON of Illinois: Committee on Mr. MADDEN: Committee on Rules. House State to exchange certain mineral lands for Government Operations. H. R. 7227. A bill Resolution 319. Resolution for consideration of H. R. 2552, a bill to authorize the modifi­ other lands mineral in character; without to amend further the Federal Property and amendment (Rept. No. 1479). Referred to Administrative Services Act of 1949, as cation of the existing pr9ject for the Great Lakes connecting channels above Lake Erle; the Comm! ttee of the Whole House on the amended, to authorize the disposal of sur­ State of the Union. plus property for civil defense purposes, to without amendment (Rept. No. 1467). Re­ ferred to the House Calendar. Mr. ENGLE: Committee on Interior and provide that certain Federal surplus prop­ Insular Affairs. H. R. 6824~ A bill to author­ erty be disposed of to State and local civil Mr. TRIMBLE: Committee on Rules. House Resolution 316. Resolution to author­ ize the amendment of the restrictive cov­ defense organizations which are established ize the Committee on Education and Labor enant on land patent No. 10,410, issued to by or pursuant to State law, and for other to conduct studies and investigations in the Keoshl Matsunaga, his heirs and assigns, on purposes; with amendment (Rept. No. 1455). United States, its Territories and possessions, July 20, 1936, and covering lot 48 of Pona­ Referred to the Committee of the Whole hawal house lots, situated in the county of House on the State of the Union. and the Commonwealth of Puerto Rico; with­ out amendment (Rept. No. 1468). Referred Hawall, T. H.; without amendment (Rept. Mr. DAWSON of Illinois: Committee on to the House Calendar. No. 1480). Referred to the Committee of Government Operations. Third interme­ Mr. THORNBERRY: Committee on Rules. the Whole House on the State of the Union. diate report of the .Government Operations House Resolution 320. Resolution for con­ Mr. ENGLE: Committee on Interior and Committee; without amendment (Rept. No. sideration of H. R. 7470 a bill to amend the Insular Affairs. H. R. 6461. A bill to amend 1456). Referred to the Committee of the Defense Production Act of 1950, as amended; section 73 (1), of the Hawailan Organic Act; Whole House on the State of the Union. without amendment (Rept. No. 1469). Re­ without amendment (Rept. No. 1481). Re­ Mr. DAWSON of Illinois: Committee on ferred to the House Calendar. ferred to the Committee of the Whole House Government Operations. Fifth interme­ Mr. COLMER: Committee on Rules. House on the State of the Union. diate report of the Government Operations Resolution 321. Resolution for consideration Mr. ENGLE: Committee on Interior and Committee; without amendment (Rept. No. of H. R. 6309, a b111 to authorize construction Insular Affairs. H. R. 6169. A blll to repeal 1457). Referred to the Committee of the of the Mississippi River-Gulf outlet; without clause (d) of the proviso containecf in the Whole House on the State of the Union. amendment (Rept. No. 1470). Referred to act of August 2, 1937, as amended, and for Mr. DAWSON of Illinois: Committee on the House Calendar. other purposes; without amendment (Rept. Government Operations. Sixth interme­ Mr. _DAWSON of Illinois: Committee on No. 1482). Referred t.o the Committee of diate report of the Government Operations Government Operations. Fourth intermedi­ the Whole House on the State of the Union. Committee; without amendment (Rept. No. ate report of the Government Operations Mr. ENGLE: Committee on Interior and 1458). Referred to the Committee of the Committee; without amendment (Rept. No. Insular Affairs. H. R. 5566. A bill to ter­ Whole House on the State of the Union. 1471). Referred to the Committee of the minate the existence of the Indian Claims Mr. DAVIS of Tennessee: Committee on Whole House of the State of the Union. Commission; with amendments (Rept. No. Public Works. H. R. 7092. A bill to provide Mr. DAWSON of Illinois: Committee on 1483) • Referred to the Committee of the for the improvement of the Mississippi.­ Government Operations. Seventh intermedi­ Whole House on the State of the Union. River at and in the vicinity of St. Louis, ate report of the operations of the Alaska Mr. ENGLE: ·committee on Interior and Mo., for flood control; with amendment Roads Commission; without amendment Insular Affairs. H. R. 6463. A bill to ratify (Rept. No. 1459). Referred to the Commit­ (Rept. No. 1472). Referred to the Committee and confirm section 4539, Revised Laws of tee of the Whole House on the State ot the of the Whole House on the State of the :Ha.wall 194&, s~ctton 1 (b), act 12, Session Union. · Union. Laws o! Hawa!i 1951, and t}?.e sales of publlQ · Mr. DAWSON of Dlinols: Committee on Mr. MURRAY of Tennessee: Committee on lands consummated pursuant to the terms Government Operations. H. R. 6857. A bill Post Office and Civil Service. H. R. 7618. A of said statutes; without amendment (Rept. 1955 CONGRESSIONAL .RECORD ·- HOUSE 11729 No. 1484). Referred to the ·Committee ·of Mr. COOPER: Commlttee on Ways and concentration in the brewing industry; to' the the Whole House on the State of the Union. Means. H. R. '7-09-5. A bill to provide that the Committee on Ways and Means. · Mr. ENGLE: Committee : on- Interior .and tax on admissions shall not apply to eertain .By Mr. HIESTAND: ' Insular Affairs. H. R. 6807. A bill to au­ athletic events held for the benefit of the H. R. 7631. A bill authorizing the Post­ thorize the amendment of certain patents of United States Olympic Association; with master General to include certaln Indirect Government lands ,containing restrictions as amendment ,(Rept. No. 1496). Referred to eosts tn determining "the total costs of the to use of such lands in the Territory of the Committee of the Whole House on the classes of mall and services; to the Commit­ Hawaii; without · amendment (Rept. No. State of the Union. tee on Post Office .and Civll .Service. 1485). Referred to the : Committee of the Mr. McCARTHY: Committee on Ways and H.R. 7632. A blll :.authoriZing the Post­ Whole House on the State of the Union. Means. H. R. 7364. . A bill relating to the ap­ mas1ier General 'to include certain indirect Mr. ENGLE: Committee on Interior and plication of the documentary stamp tax :to costs 1n determining the total costs of the Insular Affairs. H. R. 69:45. A bill to amend transfers of certain Installment obligations; par.eel-post service; to the Committee on the act of May 19. 1947· [ch. 80, 61 Stat. 102), without· amendment {Rept. No. 1497). Re­ Post Office and Civil Service• .as am.ended, .so as to permit per eaplta ,pay­ fer.red to ·the Committee of the Whole House By Mr. HYDE: ments to the individual member.s or the on the .State of the Union. · H. R.·7633. A bill to provide means for 'the Shoshone Tribe and the Arapahoe Tribe of Mr. ALEXANDER: Committee on Post Of­ grantlng of career-eo.noitional and career ap­ the Wind River Reservation in Wyoming, to fice and Civil Service. S. 1849. An act to pro­ pointments in the competitive civil service to be made quarterly; without amendment vide for the grant of eareer-conditional and certain qualified employees serving under (Rept. No. 1486). Referred to the Committee career appointments in the competitive civil temporary or indefinite appointments having of the Whole .House on ·the State of the service to indefinite .employees who pr~vi­ not less than. 10 years o.f aggregate service; Union. ously qualified for competitive appointment; to the Committee on Post Office and Civil Mr. FASCELL: Committee on Post Office with amendments {Rept. No.1498). Referred Service. and Civil Service. H. R. !569. A bill to to the Committee of the Whole House on the By Mr. KEAN: provide for renewal .of and adjustment of State of the Union. H. R. 7634. A bill to provide that amounts compensation under contracts for carrying Mr. COOLEY: Committee on Agriculture. which do not exceed 61 cents shall be exempt mail on water routes; without amendment S. 2098. An act to amend Public Law 83, 83d from the tax imposed ·upon .amounts pa.id for (Rept. No: 1487). Referred to the Commit­ Congress; with amendment (Rept; No. 1499). the transportation of persons; to the Com­ tee of the Whole House on the State of the Referred to the Committee of the Whole mittee on Ways and Means. Union. Rouse on the State of the Union. By Mr. KING of Californla: Mr. JENKINS: Committee on Ways and Mr. LESINSKI: Committee on Post Office H. R. 7635. A bill to amend section 8 of the Means. H. R. 3653. A bill to amend the .and Civil Service. S. 2403. An act to au­ Civil Service Retirement Act of May 29, 1930, Tariff Act of 1930 to provide for the free im­ thorize the dual employment .of custodlal ,as amended; to the Committee on Post Office portation of amorphous graphite; with employees in post office buildings operated by and Civil Service. amendment (Rept. No. 1488). Referred to the General Services Administration. and for By Mr. KILGORE: the Committee of the Whole House on the other purposes; without amendment {Rept. H. R. '1636. A blll to amend section 402 of State of the Union. No. 1500}. Referred to the Committee of the the Federal Employees Uniform Allowance Mr. FORAND: Committee on Ways .and Whole House on the State or the Union. Act, approved -September 1, 1954 (title IV, Means. H. R. 4376. A bill to exempt from .Mr. PASSMAN: Commlttee ,of conference. Public Law 763, 83d Cong.), as amended; to duty the importation of certain handwoven H. R. 7224. A bill making appropriations for the Committee on Post Office and Civil fabrics when used in the making of rellgious mutual security for the .fiscal year ending Service. vestments; with amendments (Rept. No. June 30, 1956, .and for other purposes; with­ By Mr. LANE: 1489). Referred to the Committee of the out amendment {Rept. .No. 1501). O.rde.red H. R. '7637. A bill to preserioe policy and Whole House on the State of the Union. to be printed. procedure in connection with construction Mr. SIMPSON of Pennsylvanla; Committee Mr. ENGLE: Committee on Interior ,and contracts made by executive agencies, and for other purposes; to the Committee on the on Ways and Means. li. R. 4581. A bill to Insular Affairs. H. R. 1603. A bill to ter­ amend section 4091 of the lntei:nal Revenue minate the prohibition :against employment Judiciary. By Mr. MILLER ,of New York: Code of 1954 (relating to lmposltlon of tax of Mongolian labor in the construction ,of upon lubrlcatlng .oUs) -and to amend s.ectlon reclamation projects; without .amendment H. R. 7638. 4 bill to prescribe policy and procedure 1n connection with construction 6416 {b) of the Internal Revenue Code of (Rept. No. 1502). Refen-~d to the House contracts made by executive 11,gencles, and 1954 {'relating to overpayments of tax) ; wlth Calendar~ amendments (Rept. No. 1490). Referred to for other purposes; to the Committee on the the Committee of the Whole House on the Judielary. State of the Union. REPORTS OF COMMITTEES ON PRI­ .By Mr. MORANO: H. R. 7639. A bill to provl'de ·that citizens Mr. FORAND; Commltt_ee on Ways and VATE BILLS AND RESOLUTIONS Means. H. R. '5.2:49. A blll to amend the or a free corporate union o! Trieste may ac­ Internal Revenue Code a! 1954: to provide for Under clause 2 of rule XIII, reports of quire certain surplus mer.chant ve_ssels from the United States; to the Committee on Mer­ refund or credit of Internal revenue taxes eommitte:es were delivered .to the Clerk and custom duties paid on dlstilled ·spirits for printing and reference to the proper 'Chant Marine and Fisheries. and wine,s lost,_ rendered unmarketable, or By Mr. MULTER: calendar, as follows; H. R. 7640. A bill to amend the provisions condemned by .health authorities as a .result or tl).e hurricane.s of 1954; without .amend­ Mr. VINSON: Commlttee on Armed Serv­ of section 1'9 of the Federal Reserve Act re­ ment {Rept. No. 14:91). :Referred to the ices. IL R. 7628. A blll to authorlze the lating to reserve balanees ,o! m-ember banks; .appolntment ln a civilian posltio.n .ln the to the Committee on Banking and Currency . Committee of the Whole House on the State By Mr. REUSS: . oI the Union. W.h1te House office of MaJ. Gen. John Stewart :Bragdon, Unlted States Army, retired, and for H. R. '7641. A b.ill to authorize the Secre­ Mr. COO'PER:. Commttte.e on Ways and tary of the ~nterior to cooperate with Federal Means. H. R. 6122. A bill to xem:i:t the duty other purposes; without amendment {Rept. No. 14:51). Referred to the Committee of the and non-Federal agencies ln the prevention on certain bells to be imported for ,addition of waterfowl depredations, anti for other pur­ to the carillons of The Citadel, Charleston, Whole House. Air. ENGLE; Committee en Interior and poses; to "the Committee on 'Banklng and S. C.,; without amendment fRept. No.. 1492). Cur.11ency. Referred to :the Committee of the Whole Insular AffakB. H . .R. 6927. A blll _provldlng for the conveyance to St. Louis Church of .By Mr. SCUDDER: House on the State of tbe Union. H. R. '1642. A bill to provide for the is.su,­ 'Mr. FORAND: Committee on Ways and Dunseith, Dunseith. N. Dak., of certa1n lands on the Turtle ·Mountain Indian Reservation; :ance uf :a postage stamp in comm.emoration Means. H. R. 6595. A bill to amend c.ertatn of 100 years of· progress in conservation and provlslons of law relating ·to the estate tax; with amendment (Rept . .No.1503). Re.ferred to the Committee of the -whole House. :forestry in the .redwood Tegion of CaUfornla.; with amendments {Rept. No.1493). _Referred to the Committee on Post Office and Clv:Il to the Committee oi :the Whole House on the Sentce. State of the Union. By Mr. SIMFSON of Pennsylvania! Mr. EBERHART.ER: Committee on W:~ys PUBLIC BILLS AND RESOLUTIONS H. R. 7643. A bill to amend the Internal and Means. H. R. 7012. A bill to amend sec­ Under clause 4 of :rule XXII, public Revenue Code cit 1939 and the Internal Reve­ tion 209 {a} of the Technl.cal Changes Act bills and resolutions were introduced and nue Code of 195'1 with respect to foreign-tax ,of 1953; without amendment; (.Rept. No. .follows: icrerovlde that certain State of .tJ:l.~. U11ion. a.id ~all 3:msiness and discourage continued expenses of.the Panama Canal Company and 11730 CONGRESSIONAL RECORD - HOUSE July 27 the Canal Zone Government shall be paid -of Massachusetts, memorializing Congress to By Mr. GUBSER: from tolls, and for other purposes; to the prevent the reduction in force of the United H. R. 7651. A bill for the relief of Hans Committee on Merchant Marine and States Marine Corps; to the Committee on J. Bernick; to the Committee on the Judi­ Fisheries. Armed Services. ciary. By Mr. VINSON: H. R. 7652. A bill for the relief of Mrs. H. R. 7646. A bill to authorize the Secre­ Violet Burtt; to the Committee on the Judi­ ciary. taries of the military departments and the PRIVATE BILLS AND RESOLUTIONS Secretary of the Treasury with respect to the By Mr. HINSHAW: Coast Guard, to incur expenses incident to Under clause 1 of rule XXII, private H. R. 7653. A bill for the relief of George the representation of their personnel before bills and resolutions were introduced and Calvin Penny; to the Committee on the Ju­ judicial tribunals and administrative agen­ severally referred as follows: . diciary. cies of any foreign nation; to the Committee By Mr. McDONOUGH: on Armed Services. By Mr. ALLEN of California: H. R. 7654. A bill for the relief of Mrs. By Mr. McDOWELL: . H. R. 7647. A bill for the relief of Ilmar Raymonde Vonka; to the Committee on the H. Res. 322. Resolution creating a Select Harald Kert; to the Committee on the Judiciary. Committee on Consumer Interests; to the Judiciary. By Mr. TUMULTY: Committee on Rules. By Mr. CARRIGG: H. R. 7655. A bill for the relief of Anna H. R. 7648. A bill for the relief of Eugene Alma; to the Committee on the Judiciary. J. Coleman; to the Committee on the Ju­ By Mr. WILLIAMS of New Jersey: . diciary. H. R. 7656. A bill for the relief of Bernard MEMORIALS L. Barker; to the Committee on the Judi­ By Mrs. FARRINGTON: ciary. Under clause 4 of rule XXII, memori­ H. R. 7649. A bill for the relief of Dr. By Mr. CLARK: als were presented and referred as fol­ Rodolfo T. Santeco; to the Committee on H. Res. 323. Resolution providing for send­ lows: the Judiciary. ing to the United States Court of Claims By Mr. HESELTON: Resolutions of the H. R. 7650. A bill for the relief of Man the bill H. R. 4133; to the Committee on the House of Representatives, Commonwealth Yee Lee; to the Committee on the Judiciary. Judiciary.

EXTENSIONS OF REMARKS

Address by Hon. Henry M. Jackson, of ago was being denounced from Moscow as a tested the B-47, the world's first strategic heretic. Concessions to the West's position jet bomber. And above all-6 years ago-­ Washington on the reduction of conventional armaments we had a monopoly of atomic weapons. have been indicated. Chancellor Adenauer Intelligence reports told us then that our has been invited to discuss resuming diplo­ atomic monopoly would be long-lived. Some EXTENSION OF REMARKS matic relations after Russia's initial refusal responsible officials declared that 10 or 20 OF to recognize Bonn. And following 7 years years might pass before the Soviets mas­ of obstruction, the Soviet signature has been tered the riddle of atomic energy. The mat­ HON. MIKE MANSFIELD placed on the Austrian Treaty. ter of stockpiling nuclear weapons fn large OF MONTANA On top of these events must be added the numbers was even more remote. As for de­ Russian agreement to join a four-power livery aircraft, we were informed that Soviet IN THE SENATE OF THE UNITED STATES conference at Geneva next month. jet bombers were many years in the future. Wednesday, July 27, 1955 The American people would be less than In short, most of us believed in the spring human if they did not take heart at this of 1949 that America's trump card-our in­ Mr. MANSFIELD. Mr. President, the turn of events. dustrial and scientific supremacy-would in­ distinguished junior Senator from Wash­ As always, however, there is another side definitely cancel out Moscow's superiority in ington [Mr. JACKSON], delivered an ad­ to the coin. I am frank to question whether conventional forces. dress before the annual fellowship din­ the current optimism can be justified by Today we know,· or should know, other­ ner of the Grand Lodge of Masons of the the realities of the situation. wise. Far from requiring decades to split the State of Washington at Olympia, Wash., The simple fact is that with Stalin's death atom, the Soviets achieved their first atomic there has come to power in Russia a group bomb in 1949-years before the expected on Tuesday, June 21, 1955. There is so that is subtle, clever, and flexible-as op­ date. Their first hydrogen explosion oc­ much meat in the address, and so much posed to the bluntness, rigidity, sometimes curred in the summer of 1953-only 9 to think about, that I ask unanimous stupidity of the Stalin regime. Where Stalin months after our own first full-scale hydro­ consent that the address be printed in was obvious, Khrushchev is devious. gen test. the CONGRESSIONAL RECORD. Most of Stalin's failures stemmed from the Had we been realistic, we should have as­ There being no objection, the address clarity of the threat he posed to the free sumed that a nation capable of mastering was ordered to be printed in the RECORD, world. Recall for a moment our reactions at atomic energy so quickly would also soon home to Soviet moves in Iran, Greece, have air fleets with long range jet bombers. as follows: Czechoslovakia, Berlin, and Korea. It was Yet even after the Soviet hydrogen test con­ .ADDRESS OF HON. HENRY M. JACKSON, OF these threats that pushed us into a pro­ fident officials soothingly declared that nu­ WASHINGTON, BEFORE THE ANNUAL FELLOW­ gram of alliances, a military buildup, and a clear bombs were of no use unless they could SHIP DINNER OF THE GRAND LoDGE OF MA• determined attempt to shore up the defenses be delivered against targets. As far as abil­ SONS OF THE STATE OF WASHINGTON, AT of the free world. ity to deliver these bombs went, they said, OLYMPIA, WASH., JUNE 21, 1955 The Russians' "good neighbor" policy of re­ our lead was clear and permanent. In the past 3 months, Soviet foreign policy cent weeks, by apparently diminishing this Then came the Russians' air demonstra­ has made the most striking series of shifts threat, has placed us in a difficult position. tion of May Day 1954. This revealed the since the beginning of the cold war in 1946. On the surface, we are faced with a new, existence of Soviet jet bombers comparable In no less than nine different cases, the disarming and conciliatory Communist ap­ to our own medium-range B-47 and our iron fist of Stalin has been supplanted by proach. Behind this front the basic alms of long-range B-52. The intelligence commu­ the disarming diplomacy of Moscow and communism remain unchanged. nities of the free world were shocked. The Peiping. It is a front because the Khrushchev re­ Russian planes had been flown well before To underline this change, let us review gime is building the greatest military ma­ the expected date. In certain important re­ these unexpected reversals of the Commu­ chine in Sovi~t history. As they talk peace, spects-in the size of their jet engines, for nist post tion. their preparations for war exceed our great­ instance-they were more advanced than our In the Far East, Communist China has est estimates of their military capabilities. own bombers. concurred in a. de facto . cease fire in the Never, in fact, has any country boasted of Despite these facts, the soothing voices Formosa region and indicated a willingness peaceful intentions with such a large por­ were heard again. They said the Soviet to discuss a settlement. Four Ainerican tion of its economy dedicated to armaments. planes were doubtless hand-tooled proto­ fliers held in Chinese prisons for more than Let me document this point with a brief types. They predicted that years would 2 years have been released. Russia, having look at recent history. Six years ago, in the elapse before these first models could be refUsed to sign the original Treaty of Peace spring of 1949, our conventional forces were mass-produced. The implication was clear . With Japan, is now discussing a bilateral vastly outnumbered by those of the Commu­ that mass production was unique to the agreement. The Kremlin has begun a con­ nist world. As a matter of fact, they still United States. certed campaign to win favor with Nehru­ are. But as against this, in 1949, our air­ Six weeks ago we learned the truth. In the leader of the neutralist bloc. atomic power was incontestable. We pos­ their 1955 practice May Day displays the So­ In Europe, an effort is being made to sessed the B-36, then the world's only true viets flew both their medium and long heal the breach with Tito, who not long long-range bomber. We had already flight- range jet bombers in operational numbers.