Congressional Record-Senate 8853

1.924 CONGRESSIONAL- - RECORD-SENATE. 8851-

By Mr. COOPER of Ohio: A bill (H. R. 9298) to abolish the Paul, Minn., asking for favorable action on House bill 8914; -Railroad Labor Board, to provide,for the settlement, mediation, to the Committee on Rivers and Harbors. ~onciliation, and arbitration of railway labor disputes between 2800. Also (by request), petition· of Voorhees Rubber Manu carriers and their employees and subordinate oftlclals, and· for facturing Co., opposing the passage of the Barkley bill ; to the other purposes ; to the Committee on Interstate and Foreign Committee on Interstate and Foreign Commerce. Commerce. 2801. By Mr. EVANS of Iowa: Petition of farmers of Page By Mr. LAGUARDIA: Joint resolution (H. J. Res. 265) for County, Iowa, favoring the passage of the McNary-Haugen the purpose of outlawing war and to establish permanent peace bill; to the Committee on Agriculture. in the world; to the Committee on Foreign A1'fairs. 2802. My Mr. GALLIVAN: Petition of employees of Boston By Mr. THOMAS of Oklahoma: Joint resolution (H. J. Res. & Maine Railroad, Boston, Mass., recommending passage of the 266) proposing an amendment to the Constitution of the United Howell-Barkley bill; to the Committee on Interstate and For States; to the Committee on the Judiciary. eign Commerce. By Mr. JACOBSTEIN: Resolution (H. Res. 318) providing 2803. Also, petition of C. F. & G. W. Eddy (Inc.), Boston, for an inquiry into the policy and methods of the Post Oftlce Mass., protesting against passage of the McNary-Haugen bill; Department in leasing private property for public purposes, and to the Committee on Agriculture. specifically the leasing of . the Fitzhugh Street property in 2804. By Mr. KIESS: Petition of citizens of Renovo, Pa., Rochest~r. N. Y., for a new parcel-post station; to the Com favoring the Howell-Barkley bill; to the Committee on Inter mittee on Rules. state and Foreign Commerce. By Mr. COOPER of Ohio: Resolution (H. Res. 319) for the 2805. By Mr. O'CONNELL of New York: Petition from the consideration of H. R. 8578, to amend the act to promote the Board of Aldermen, city of New York, favoring the passage of safety of employees and travelers upon railroads, etc.; to the House bill ( H. R. 9035) for the increase in salaries for postal Committee on Rules. employees ; to the Committee on the Post Office and Post Roads. By Mr. O'CONNELL of New York: Memorial of the Legisla ture of the State of New York for liberal appropriations for the National Guard and the Organized Reserves; to the Committee on Military Affairs. SENATE By l\Ir. GRIFFIN:. Memorial of the Legislature of the State ·MONDAY, May 19, 19~4 of New York urging Congress to provide a liberal appropriation for carrying out the spirit of the national pefense act ; to the The Chaplain, Rev. J. J. Muir, D. D., offered the following Committee on Military Affairs. prayer: 0 Thou who inbabitest eternity, we bless Thee that Thou PRIVATE BILLS AND RESOLUTIONS art pleased .to dwell with him of an bumble and contrite heart. We beseech of Thee that such may be our qualifications that Un

"r Mr. CAPPER presente'd u ~S'oltitfon M01>ted b1 the mg'h I r l :z..r.-,rN~- '-'ti WbRLD COURT Prairi~ Farme.rs' Union, Local .No. ~. df Bal:tlwtn, U:ans., protesting against the passag~ of leg1.slatl6n llic:teaslng the Mr. 11.,LE.T<:JB.ER. I :P»esent' a statement in th~ nature of a parcel-post rates, which was ref.erred to the Coitn'.nittee dn petition with respect to the adherence ot tbe United •Stat-es to· Post Offices and Post Rqads. ' 1 ltbe world court, wJlich, I ask maS" be- printed. in the. RBcoRD and lUr. WILLIS p1•esented n pet1t1on 'of sundty citizens 1'.>f Wtitte. :referred to the Committee on Foreign Relations. · Cottage, Rosevllle,· Zane"Svllle, South ~anesyille, Gleh:tord, To- Thar8 'being n~ <111jection, 'the- staoolbent was ~rted to the boso, Gratoit, Thornville, an.d BrovmsVill~ all 1tt the State bt' (Jommjttee. on F,oreign Re:Lations and QrOOred to be printed in Ohlo, praying fo1· the parflclpa:tlon o.f tbe 'United $ta~s in the, the RECORD, a.& follr.&.T:Dl?:IEN1r wITri:' nEs:PEc'r .J:o Antnn:ti'lN~}) oF THE 'O"N1T'MD su'.l'.'Es To to the Committee on For~ign Relation:s. THE PE&~umi~~ -c-ouRT OF rN>r~itgA'rrO~AL Ji1STrcin He a~o presented the petition, numerously. signM, ot "Sl,mdey ' • • e:t-ser'9"lce men of Butler Cannty, Ohio, ptaytng for the .Passage To ..lfombars of Ue i:lettats of tk6 UniPed State8: of legislation granting adjusted compensation to veterahs of the Tb~ lntrtlductton by Seoo:W:r Tubcni, 'M'Uy 8, or a. resolutlo'11 to create World War, which was Teferred to the Comtntttee on lj'ina:nce. a b~ wnrld c0urt thr<:ms .. li\tti bolll · P~llel' the fact that Am~rlcan 1\lr. CURTIS pre~entetl 'a petition ot sundry cittzens of public bp.mion ovet+Whelmtngly delnands the prompt adh'e'rence by our Del'phos, E::ans., prayi_ng for ·the passage ot the so-called Norris- Go~rnmtlklt to tb~ protoc9l ·of s1gnatu1e uf the Permanent Court of Sinclair marketing corporation bill, etc'., which was re-t:erred to 'International J"ustice on the conditions formulated ljy Sect-etary the Committee on Agriculture ,ant1 Fo'restty. ' Btrgbes~ vig<>rousl:t dbatli])ion~d 'By ~Went Rattling, ahd a pp-roved by He also presented a petltlon of sundry clti.z~ns of Sta1'for(J Preald~t Coolidge. Tbe h.e&t'lngs on' Apttil 30 and May 1 before the County, Kans., praying for tbe passt\.ge ot le.gtslatlon creating lil'ilicom'lllittere 'Of the' Bet1Jlte 1 C()Jbmftt~ bn Fol'elgh ttel~tions ihdi'Sput a Federal depa:rtment ot educ'atibn, whl~h was 'referred to the iably prove oW' people's support of tbe existing col1rt. Committee on EducatieB aB-4 Labor. More than '5() State Wltl nationa.l m't(anl!mtlobs wete interested In He also presented resolutions adopted at a meeting of the Ith~ beal'irtgl!. ' Seld~. if ever; _haSi uny great T>Ublfo questi~n reeei'Vea Topeka (Kans.) Federatell Labor Organizations, favoring the so neatly .ft unahimoys iM.or8enmn't f.ts 11&8 this suggested adl'.lenince passage of the so-called J,:Iowell-Barkley i·ailway labor bill uf the United States to the Permanent Court of Inter.natlonil.l Justice which were referred to the Corntntttee 'on Interstate Commerce'. on tlie Mtds .Si.Jgyested by the Seotetnry Of State and urged by Presi- He also presented a mem0ri~ numerously signed, of sundry dent tlardlng iin Februacy, '1923, and -b:¥ President Coolidge in bis members of the Missouri, 'Ka:nsas & ~exas Assocmttoµ of fli4Bt iMIBooge to Cong~srs. Th~ witltlf3pt-ead: una ptbfound character of Shop Employees, of the Missouri, Kansas & Texas Railroad · this popular demand was officially volcec'[ on behl:ilf of an of the fol Oo., at Parsons, Kans., rmnonttr.a.tlng against the ipassnge of lowing organizations whose representatives. appeared before the sub tbe so-called Ilo'Well-Bar.ltley uailway labor bill, which was rei- committee and. categorically appealed for immediate action by the ferred to the Committee w Interstate Commerce. Senate to enable the adtn1Ii1stration to a11h-ere to ~he pel"manent cQurt: He also presented petit!ions1 numerottsly signed, of sundry AmeMiscopal workingmen's compensation birt· foi: tlle lJistrict of Columbia Church, Mi'. ·F. :?. TU.l'ner; Northern Baptist Convention, Rev. John M. Which was referred to the Committee op. ill.€ District of Colum: Moore: Pres&yt-erian Chutch in the United States of America, Rev:. bia. Atthur J. BroWn; Pteebyt~r\e.n Clnir-eh in the United States, Rev. He also presented a r'esofotion adopted by 'Local Union N'o. Samuel H. Chester; Protestant Episcopal Church, Rev. Charles N. 10, United Hatters of N01·tl1 America, of Danbury, Conn., fa~or- Lat~rop: Ref'oTtned Church in Uhited States, Rev. Charles E. Schaefer; ing the passage of House bill 6540; the so-called Johnson immi- SuUthern llapti!lt Convention, l\ev. F. W. Boatwright; United Syna gration bill,, With the seatnen!s ·amendment, wliieh was ~ferred gogue of America, Rabbi Adolph Coblenz ~ Society of Friends, Thomas to the Committee on Immigration. Raeburn White-. He also presented resolutions· adopt.eel by t:he Y•s Ma.n's Ohlb Religt6us orgartfaatlons: Church Pe11.t:e 'Unioh, Prof. William r. Hull: of l\feriden, and the congregation of the Methodist Episcopai Conference of Foreign Mission Boards, )\fr. F. P. Turner; Council ot Cllm·ch, of West Granby, bOthi m th~ State Of (Jonnectictlt Wo!fien tor i:lol'.Xle M1ssions, Mrs. Samu-el Semple; World Alliance for favoring the participation of the Unirod Stines ikl the ~~ 1Internatlonnl '.Friendship Through tbe Churches, Dr. Nehemiah Boyn nent Court of Internatiooei J11.stice, which were referred to ton; Connectlt;ut ll'ederatlon of chu 'rcli~s. Ptof. WUllain. North ruce. the Committee on Foreign Relations. W6m~:ri·~ iratio'rtal organ1>zailo'ns: Yo'l1ng- '\Vol1'.len's Christian Asaocill.- He also presented the petition of District Lodge Ne;> 22 tion, Miss Agnes Peter; National League of Women Voters, Miss International Association of Machinists, o:t New Haven, Cpnn.: Rnt'h Morgan: denehi 111etleratroh of Women's Clubs, Mrs. Kate T. praying for the passage 'Of the so-called Howell-Bark~y •i•ail·· Abrams; National Cbuncil of Wom~n. '.M:tS. Glen Swiggett! 'Nationul way labor bill, which was ref'etted to the ~ Cotnmittee on Tuter- Federation of Busip.ess and Professional Women, Miss Mary Stewart: state Commerce. , Nntlona.I C'o'.llgress of l\!other~ and Pare'llt Teaehern' .A:ssociatlons, Mrs. He also presented the memorial of the Trmfic Bureau ot the Etrzabeth. T1Iton; .A.Ihe~J~a.n Assoclht1on of tlni\rersity Women, Mrs. New Britain (Conn.) Chamber of Commette, remonst't-atlog Ma~tln Itutc'hins; A:ml!tican· P'e-

against the passage of the SO"'Called Howela.-Barkley railway 1 chard; Girls' Friendly Society in Apierica, Mrs, Reginald -a. Stevenson; labor blll, which was referred·, to the Commi~ee on Int,ersta.rte 1Natio11a1 SeMce Sthr Legion, l\frg. Henry F. Ba.ket"; Women's World CommEttce. r Court Committee;· :M'ra. lt'ay1110'.od Morg\m, chaltma1l; California League He also presented the petitirk ~ound.1 to 'Prevent' Wat, Mre. ing for the passage of legislation legallZtrrg the manufacture afl\1 Anna Garland SpenceE; National Council of Jewish Women, Mrs. Alex sale of beverages with a 2.75 per cent alcoholi<: content, wruch anCler i:Volf. was referred to the Committee on the Jud,iciary. New Y-O~rk State .Ba.r A.~soclation, i-hoinas S. Butler; League or He i;tlso pre~ented the petition of ~he New Haven, Conn., Trades Nations Non-Partisan Association, Mrs. James Lees' Laidlaw, Everett Council, praymg for the passage of Senate bill 741, to r~liev~ Colby, , Charles C. ..Bauer i World Peace 'Foundation, president A. unemployment among ctvilian workers of, tbe Government, to 1 I..aw1;e.nae Lowell: Foreign Policy ~soct:i.uon, James G. McDonald: remove the :financial incentives to war, to stabilize production Maryland Organizations, Dr. William ft. Welsh, Tlieodore 'Marburg, in Federal in<'lustrial plants, to prdmote the econolnica.1 and J"ohn H. Latane. efficient operation of these plants, and for .other put·poses, which In addition to the organizations actually represented at the hear- was 1'eferred to the Committee on l\Illit.ary Affairs. ings tbe following have officbUly hi convention approved the adherence Ile also presented the petitions or· the Business and Pfofe's- dt the ·united States to the permanent court: sional Women's Club of Connecticut, of Hartford; the Med.foal House of Bishops of the :Protestant Eptscoplll ChW.'ch, Women's National Association, of l\ficldletown; t1.1e ·Leflgue of Nahot111.'l COu!lcU or the Coi11tregntfohhl Clurcbes. Women Vote-rs, of :Meriden; the West Ftaven Mothers' Club, th~ Ann'llal Cohfe~nce Metht1dist EJ;>isco.plll Clergy. West Haven League of "\V'omen Voters, and of sundi•y citizens tlnit.ed Society of Christinn Endeavor. of West Haven, and of the E*ecutive Council of United Workers International Missionary Union. 1 of Norwich, all in the State of Cormectl~ut, praying an ain~ntl: Na&n1.n Asst:Jc1at~b of Cl'edlt Men. t " 1 ' rnent to the Constitution relative to the regulation of child Bal>tist World Ainabce. f • 1 . ~abor, which were referred to the Committee on the Judiciary, Union Ministers' Meeting. 1924 CONGRESSIONAL RECORD-SENATE 8853

The following are among the well-known persons who either ap the world are giving 1t tb.clr cordial sup~rt. Whether the United peared at the hearings as indivilluals or sent approval of the Hardlng States acts or not, the court will go on. Nevertheless, the United Hughes permanent court plan to be filed in the records : States. the most powerful "country In the world, one wlilch hrur most Nicholas Murray Butler, president Coiumbia Univeralty; Paul D. eloquently argued f.or- the. settlemeut of international disputes by judi Cimvath, New York; Charles W. Dabney, er-president UDberstty of cial means, and whose citizens have contributed in a unique way to Cincinnati ; Edward A. Filene, Boston ~ Wllliam D. Guthrie, New York; the creation of this eoort, l!llhoulc! net, m its own fnterest. stand aloot. William B. Hale, Chicago ; J obn Grler Hibben, gresident Princeton It 11 apparent from the almost \UrlTerllal support gi...-en President U11iversity; Manley 0. Hudson~ Harvard University; Cbarles Keyes, Harding's proposal to join the Permn.nent Court that fa"t"Orable aetia president Skidmore College; Right ttev. William Lawrence, bishop of by the Senate would meet wftb widespread approval throughout the Massachusetts; Samuel McCune Lindsay. New York; Samoel Mather, country. Why. theilr sliould there be further delay? Cleveland; John H. McCracken, president Lafayette College; Charles We submit that the organized churches~ 01'.ganized labor, orga:nized A. Richmond, president Union College; Mni. James T. R-Onrke, Bridge wemen voters, organl.zed members er the ba:r, organllled u111versltJ port; Henry L. Stimson, New York ; Isaae M- Ullman. New Haven; women, organized merchants, organised businesa and professional William Allen White, Emporia, Kans. . ; Ray Lym.an Wilbur, president women, organi£ed womeu'e clebl. and o•ganised . teachers represent a Stanford University. vast majority 4>f the voters &f the United States and are expecting The precise relation between t:he Permanent Court and' the League approval of the Hardlng-Hugh~lldge-Root permanent court plan of Nations was clea.rly explained. · before the recess adjournment. . The only argument against the United States adherence to the court In conclusion, we beg to quote from the address made by Secretar1 which bas impressed any considerable number C}f people--tha.t the of State HugheS' before the American Society of International Law at court may in some way be made a tool of the League of Nations-was Washington, December 27, 1923: completely refuted.~ "It is not too much to say that there will be no world eourl The opponents £f the court bave urged! if this court can not be made one, and whether- or not it is to be (1) That it is the creature of the league. In the fullest sense a. world court depends npon eur own action.'' (2) That the jndges are chosen by the league. For the committee on ru::r.an.gements ~ (3) That the court's expenses are paid by the league. JOHN H. FINLEY_. ( 4) That the court 11erves as private· attclrne7 f)f U1e league, be lawyers, and a similar jurisdiction Is possessed by our have made contributions, but I ask 8.S' a part ot my remarks to State supreme courts in about 10 States. The Massachusetts Supreme insert the entire list in the RECORD, showing between the dates Court has bad such jurisdiction aince 1780- and has given about 140 I have mentioned a total contribution of $70,178.16. I also as}( opinions to the governor and legislature o:t the Commonwealth. The that a list of the stockholders· at aoont that time be printed, 11!1.teynational court has shown by its refusal to rende11 an advisory following the list of contributiollS' which I. send to the desk. opinion in the case of Finland against Russia that this function wm The PRESIDENT pro. tempore. Is there e>bjeetion? The be exercised in an independent j"uclicial way, while in several cases Chair hears none, and it i!!f so ordered. where the court has exercised it, as in the Tunis-Morocco dispute be The matter referred to is as follows: tween Great Britain and Fra11ce, such action bas led directly to a set [From the National Republican, the National Republican weekly. Wash tlement. It is clearly absurd, therefore, to speak of the court as the ington, "Q. C. J private attorney of the Lengne of Nation.&. Following are the pu:rchaaes of papera by companies and political com We submit that the Permanent Court of Internatioual Justice repre sents the logical development of an essentially American movement mittees in tbe :year 1920. In cases of compan~, name of oalcial making purchase ls ghen: · under way for a generation. It ls built on the fo.undation of the Permanent Court of Arbitration established in 1899-, and on the. work January 2, 192& :- Joseph H. Perry, Cambridge Paper ~ox Co., Cambridge, of the two Hague conferences. It is precisely this for which tile ~1USS------T------$50.00 United States was contending when the second Hague conference met Fred l~. Stockwell, Barbour StoekweH Co., Cambridge, In 1907. The coort iB now firmly established. It ha.s. begun its work. M:asg------~------50. 00 Willard C. Poole, New England Blscnlt Co., Worcester, It has functioned for more than two year&. Forty-seven peoples ot , .... ~fass------25.00 8854 CONGRESSIONAL RECORD-SENATE MAY '19

Januar~' 3, 1920: February 24, 1920 :. ' V. H. Oxley, E. R. Caldwell Co., Bradford, pa______,. $50.00 G. E. Thrilenius, pmman Egg Case Co., Caruthersville, January 5, 1920 : $25. 00 Henry Harnischfeger, Pawling & Harnischfeger, Milwau- FebruaryMo 26,------1920: kee, Wis------100.00 Thayer Woolen Mills, North Oxford, l\Iass ______46. 50 P. W. Arndt, North End Foundry Co., West Allls, Wis- 50.00 February 28, 1920 : · January 7, 1920: Oswego Pulp & Paper Co., Fulton, N. Y------ 100.00 Ralph D. Reed, George R. Jones Co., Manchester, N. fl_ ... 25.00 March 1, 1920 : January 8, 19:W : · Louis Duffke, Nortmann-Dutike Co., Milwaukee, Wis ___ _ 50.00 Fred C. Graves, Waltham Watch Co., Waltham, Mass-- 100.00 George L. Waetjen, George L. Waetjen & Co., Milwau- January 9 1020 : · kee, Wis ------25.00 Alfred H. Morton, jr., Carr Fastener Co., Cambridge, W. C. Morehead, Grent Lake!I Boat Building Corpora.- Mass -----·------50.00 tionJ.... Milwaukee, Wis------50.00 Robert C. Bird, Broad Iron Foundry Co., Cambridge,. L. C. .ttaaser, The Henkel Co., Freemont, Ohio______100.00 ~iaSS------25.00 February 6, 1920: C, S. White, Nottingham Knitting Co., Oswego, N. y __ _ 25.00 J. P. Eustes Manufacturing C<>., Cambridge, Mass ___ _ 63.00 January 12, 1920 : February 7 1920 : J. A. Paasche, Paasche Air Brush Co.J.. Chicago, IIL ____ _ 25.00 Theo. Schottlander, Lorette Corset Co., Chicago, Ill __ _ 50.00 H. J. Schlesinger, Milwaukee Coke & uas Co., Milwaukee, C. P. Stewart, The N. K. Fairbank Co., Chicago, IIL __ _ 50.00 '\Vis------200.00 February 9, 1920 : El. P. Russell, Russell, Brewster & Co., Chicago, IlL---~ 25.00 Fred Doepke, Wrought Washer Manufactul'ing Co., Mil W. N. Heald, treasurer Republican town committee, waukee, Wls------ 75.00 Littleton, N. H. (list attached)------ 50.00 F. E. Hinners, George H. Smith Steel Casting Co., Mil- January lG, 1920: waukee, Wis------25.00 Thomas Kingsford Foundry & Machine Co., Oswego, C. J. Meyer, Evinrude Motor Co., Milwaukee, Wis--- 25.00 100.00 B. C. Wait, Milwaukee Steel Foundry Co., Milwaukee, JamesN. Y---- A. Spargo,------Spargo Wire Co., Rome, N. y ______100.00 Wis------100.00 January 17 1020: Indiana Steel & Wire Co., Muncie, Ind, ______, ______50.00 A. C. Lawrence, A. C. Lawrence Leather Co., Boston, February 11, 1920 : • ~Iass------·------150.00 P. C. Thomas, treasurer, Rome :Manufacturing Co., Rome, N. Y------800.00 Ref0~b~i~~~~t~;ors~~;)~1:1!:t_e:_~~~-a_c_:~~~~-e_x_t~~-c_~P_i~~ 1,000.00 Uoyd Kimbrough, Indiana Bridge Co., Muncie, Ind ___ _ 2o.OO January 22, 1920: · Cli1ford Sampson, Muncie Foundry & Machine Co., Mun· C. H. Forster, Superior Steel Corporation, Pittsburgh, cie, Ind------25.00 Pa------200.00 William T. Mellott, treasurer, Republican Central Com- January 23, 1920: mittee, Sullivan Co., Sullivan, Ind ______33.00 A. C. Andrews, Andrews Grain Co., Minneap·olls, Minn_ 40.00 February_ 12 1920 : George H. Johnson, The Petroleum Co., Los Angeles, C. H. Halstead, Rome Textile Co., Rome, N. y ______45. 00 Calif------50.00 George H. Brown, Rome Soap Manufacturing Co., January 24, 1920: Rome, N. Y------33.00 James J. McGraw, Republican Club, Ponac City, Okla. February 13 1920 : (list a.ttached)------109. 65 Greenville Steel Car Co., Greenville, Pa ______300.00 January 26, 1920: E. Cincinnati,W. Edwards, Ohio president, ______Edwards Manufacturing Co., _ II. F. SJ.ncl~ .Sinclair Co., New York------ 1,096.00 32.00 Lee Sturgis, i:sturgis & Brown Manufacturing Co., Chi- February 16 1920 : A. S. Hook, Calumet Steel Co., Chicago, JU ______0 100.00 25.00 A. c1~ ~~igue~1fprague~-Warner_&_co~-Chlcag0,-fiC:: 100.00 Col. H. M. Byllesby, Byllesby Engr. & Mgt. Corp., Chi- Republican committee, Warrenton, Mo ______25.00 cago, IH------50.00 Jnnuary 27 1920: W. P. Westerberg, Wisconsin Malleable Iron Co., Mil- ll. E. Smith, Perry Yarn Mills, Webster, Mass ______75. 00 waukee, Wis------25.00 January 31, 1920: R. B. Charlton, Illinois Steel Co., Milwaukee, Wis ___ _ 100.00 Holyoke Machine Co., Worcester, Mass ______55.00 C. I. Pierce, Big Creek Colliery Co., Chicago, Ill ______50.00 Fehruary 2, 1920 : Harry B. Hurd, Pam & Hurd, Chicago, 111 ______25.00 F. I. Sears, A. J. Bates Co., Webster, Mass ______150.00 Charles H. Sharpe, Vassar Swiss Underwear Co., Chi· Herbert Templeton, Wells & Co., Chicago, llL ______50.00 cago, Ill------25.00 J. B. Sherm.an, John !lurnham & Co:i..,Chicago, JU ____ _ 25.00 Aug. C. Beck, Box Co., Milwaukee, Wis------ 100.00 Harry Lubhner, Lubhner & Trinz, cnicago, IIL ______50.00 H. H. Seaman, Seaman Body Corporation., Milwaukee, R. M. Eastman, W. F. Hall Printing Co., Chicago, Ill __ 50. 00 WiB------~------100.00 Republican State comm1tteei Indianapolis, Ind ______65.00 J'ohn Obenberger, J'no. Obenberger Forge Co., :P.lilwau- H. C. Whinlese, Wilcox, Cr ttenden & Co. (Inc.), Mid- kE*', Wis------21). 00 dletown, Conn------37.50 Willtam Berger, William Berger & Co., Milwaukee, B. H. Beach, Beach Lumber Co., Rome, N. y ______25.00 50.00 H. S. Wolfe, Rome Brass & Copper Co., Rome, N. y ___ _ 900.00 Aug.WiB------H. Vogel, Pfister & Vogel Leather Co., Miiwau- H. W. Barnard, Rome Wire Co., Rome, N. y ______1,000.00 kee, Wis------100.00 Febtuary 3, 1920 : F. S. Cable, Cable-Nelson Plano Cl_?:,i Chicago, IIL ____ _ 50.00 George \V. Norwood, Thayer Woolen Co., Worcester, Republican National Committee, .l'iew York City, (on MasR------75.00 account extra copies for one week issues) ____ "" __ _ 1,000.00 H. R. Nesbitt, Oswego Yarn Mills (Inc.), Oswego, N. y_ 2&.00 Ma1·ch 3, 1920 : .. February 4, 1920 : The Andrew B. Hendryx Co., New Haven, Conn ______37.50 Ball Bros., Glass Mnnufacturing Co., Muncie, Ind ___ _ 100.00 L. A. Fairbanks, Westboro Underwear Co., Westboro, February 5, 1920 : Mass------50.00 Thomas E. Donnelly, R. R. Donnelly & Sons Co., Chi- M. M. Berg, Westboro Hat Co., Westboro, Mass ______150.00 cago, Ill ______~------50. 00 March 5 1920 : A. M. Chaffee, Chaffee Broe. Co., OX!ord, Mass ______37.50 c. S. Taylor, Taylor :Manufacturing Co., Worcester, Edwin Bartlett, Edwin Bartlett Co., Oxford, Mass ___ _ 37.50 Mass------75. 00 W. A. Herron, Lewis Foundry & Machine Co., Pitts- C. K. Gibbs, Gibbs Harness & Reed Co., Clinton, Mass __ 25.00 250.00 March 6, 1920 : T.0(}~~e~~-Unlted--States_&_CUban-Allled-Works-Engf. M. E. Cl)ester, The Whitney-Blake Co., New Haven, neering Corporation, Bradford, Pa ______26.00 Conn------~-- 100.00 Frank A. Coles, The Coles Co ..z.~iddletown..r. C1>nn ___ _ 37.50 :March 8, 1920: D. W. Dyer, Frisbie Motor Co., .lllllddletown, conn ______80.00 Plant Bros. Shoe Co., Manchester, N. IL ______65. 00 February 18, 1920: E. P. Mann, Milwaukee Ba_g Co:.i Milwaukee, Wis ___ _ 78.00 George M. Turney, Rome-Turney Radiator Co., Ronie, A. C. F. Kleckhefer, Globe Gray non Foundry Co., Mil- 50. 00 waukee, Wis------~------25.00 A. N.F. Y------Carpenter, Rome Metallic Bedstead Co., Rome, A. A. Laun, Kiel Furniture Co ..i._Milwaukee, Wis ___ _ 50.00 300.00 H. A. Viets, Fuller-Warren Co., m.llwaukee, Wis ______50.00 IllinoiRN. y Steel------Bridge Co., Jacksonville, 111------25.00 F. R. Bacon, Cutler-Hnmmer Manufacturing Co., Mil- February 19 1920 : waukee, WiS------ 100.00 Robert A. Leeson, Universal Winding Co., Boston, Mass_ 200.00 Hugo Schlesinger, Vera Chemical Co., North Milwau- Charles D. Owen, jr., Beacon Maufacturlng Co., Provi- kee, Wis------25.00 dence, R. 1------150. 00 L. R. Smith, A. 0. Smith Corporation, Milwaukee, Wis__ 100.00 February 23 1920 : - Max Landauer, Landauer & Co., Milwaukee, Wis ____ _ 50.00 0. L. Prime, The Prime Maufacturing Co., Milwau- Phillip Schwab, Schwal>-LeZotte Boiler Co., Milwaukee, kee, Wis ------25.00 Wis------25.00 W. T. Wood, The Heinn Co., Milwaukee, Wis ______50.00 L. C. Mayhew, Mayhew Co., Milwaukee, Wis ______50.00 C. I. Pfeifer, Chain Belt Co., Milwaukee, Wis ______100.00 March 9, 1920 : Everett Slocum, Slocum Straw Works, Milwaukee, Wis_ 25.00 Leonard A. Jenkins, Kolynos Co., New Haven, Conn __ _ 100.00 A. J. Zimme1·man1.. Quality Biscuit Co., Milwaukee, Wis_ 25.00 E. v. Shuster, treasurer, F. B. Shuster Co., New A. E. Martin, ~iartin Foundry & Machine Co., Mil· Haven, Conn------40. 50 waukee, Wis------25. 00 George II. Friese!, United Engineering · & Foundry Co., Wilson J. Conway, Conway Co., Milwaukee, Wis ____ _ 25.00 Pittsburgh, Pa------ 500.00 S. S. Cramer, Wadhams OU Co., Milwaukee. Wis ______75.00 March 11, l 920 : · W. J. Patterson, Heyl and Patterson (Inc.), Pitts- Harry B. Kennedy, 'l'he Hoggson & Pettis Manufactur- 100.00 ing Co., New Haven, Conn ______, ______150.00 H.b1if.g~J~her,-M~-B~-Suydam--Co.~-Pl f'tsiiurgii~ -:P;::::::::: 35.00 March 15, 1920 : W. El. Baker, chairman, Republican central committee, L. E. Whiton, D. E. Whiton Machine Co., New J.,on- Elkins, W. Va------827.00 don, Conn------~------225.00 Central PDper Box C

March 15, 1920-C-Ontinued April 5, 1920 : William O. Goodrich, William O. Goodrich Co., Milwau- Hugh Blythe, Harrie Wtntltrop & Co., Chieago, m ____ _ ,25.00 H. H. Sehwarttng, ;J. H. Rlee & !'rledmann Co., Mil· kee Wis ------$50.00 .J. A.' Sharp, Milwaukee Reliance Boiler Co., Milwau- waukee, Wi's------25.00 kee, Wis------25.00 R. PaH. ______Smith, American Natural Ga'!!! Co., Pltbbttr.gb, _ E. F; .Andres, Andres Stone & M.arble Co., Milwaukee, 200.00 25.00 William Cordes, Florence Manufacturing 'Co., Florence, J. W1B------B. Kalvelage, Hoffman & Billings 'Manufacturing Mass----~------~------100.00 l)-0. 00 Aprll 6 1920 : Co., Milwaukee, Whl------m----- 25.00 J. M. ToWDSend, Townsend Co., New Brtgbtml_,_ Pa ___ _ 800.00 Harry Smith, R. P. Smith & Sons Co., Chlcago, -· -C. L. McHenry, H. K. Porter Co., Plttsbmgb, .J:'B. ____ _ C G Barth Rehm Hardware Co., Chicago, IIL---- .25. 00 251'.>.0Q Pergande.. Northwestern Brl.d&e & Iron Co.. Mil- H. S. Snyder, H. S. & M. W. Snyder (Inc.), Peabod7, A. l\lass------25.00 1 25.00 E. ~u~:;rn'! aeile-ia-:Preseniili-cc>.:-o;n;;a,-~ci::= 71. 00 Aprll 8, 1920 : , - W. L. Fay, Fay & Bowen Engine Co., Geneva, N. y __ _ 50.00 Republican Natfonal Committee n~ B. C. Nicholson, Nicllol90n File Co., Provldenete, R. L structlon Co., Pittsburghl Pa·------ 136.00 W. A. Viall, Brown & Sharpe Manufacturing Co., ~roTi- Toledo Seale Co., Toledo, O.ulo------ 34. 00 250.00 April 14 1920 : · Henrydence. Walcott, R. 1------~-----~- Walcott Manufacturing Co., J?rovidence, 50.00 R. H. Coe, Jefferson Manu!acturing , Co., Jefferson, R. 1------150. 00 E. B. Evans, Waite-Evans Co., Providence, R. L----- 50.00 April 15,~fass. 192"0 ------~------~----- : . Marcb 17 1920 : Joseph W. Marsh, Standard Underground CabTe Co., Republican National Committee (on account for utra copies of 1 wk. issue) ___ :.______Pittsbnrgh, Pa. ------HS.00 l, 000. 00 Republican National Committee (fl>T extra eoples o:r one March 18, 1920 : week's issue) ------ 1. 000. 00 P. Koehring, Kt."!brlng Maehine Co., Milwavkee, Wis___ lC>0.00 April 16 1920 : March 19, 1920 : E. b. Cl!rJ>P, the Clapp Uanufacturing' Co., Auburn, Oswego· Candy Co. Osw~o, N. Y------ 150.00 40.00 S. S. Smith, Phillips & Clark Stove Co, (Inc.), Geneva, N. Y. ------185.00 April 17, 1920: · N. Y------Republican- National Committee (for extra copi~ '1f one March 20 1920 : week's issQe) ------l,000.00 9 April 19 1920 : w Br~w~hflfe~i>a~~~~~--~~~ --~~~~~~~!-~: 50.00 ;r, P. O'Neil.,_ We&tern Foundry Co./ Chicago, m ______50.00 W. C. Hubbard, Ashtabula Hide & Leatha Co., 'Aehta.· 'Theodore uegenstetner, &egensteiner 'O:rlod:;rpe Co., 147.00 bula, Ohlo------ChicagQ, Ill. ------25.00 Abbott F. Lawrence, Winthrop Cotton Yal'D Co., Taun· Edwin B. Bartlett, Mllwank~ Stamping' Co., West Allis, 72. 00 ton Masi!! ------Wis. ------25.00 Robert M. Leach, Weir Stove Co., Taunton, MasL----- 37.60 1. E. Ras."lel1 Interst.ate Iron Steel ~ .• Chica~o, Ill._ 50.00 March 22, 1920: Ra th borne, ttair & Ridgway Co.. Chicago, llL------ .2{), 00 H. J. Rademacbff, Cream City CuJket Co., 1\lilwa-e1kee, Republican National Commfttee (for extra copies of on& 25.00 WiS------week's issue) ------1,000.00 A. J. Ricker, Badger Malleable & Manufa:-ctaring Co., Boye & Em.mes Machine Co.. Cincinnati,, Ohio------~.00 South Mtlwankee, Wis------ 25.00 Aprll 21 1920 : · W. E. Gerlinger, Gerlinger Electrica:1 Steel Foundry Co., L. ID. Armentrout president Bordfflft:116 Coal Sales Co., 23.00 West AlllB, Cincinnati, -Ohio ------ 25.00 James Trottman,WiB------ Rosenthal Corn Hul!!ker Co., West T. E. Houston, president Houston Coal Co., .Cincinnati, 25. 00 Allis Wis ------Ohio ------134. 00 100.00 April 22, 1!}20 : Fr~~k 'irn:a~:~e~eW,is..~~::~~i:_g-~~~~-~~~~~~t~~~~ J . .EJ. Moss, J. E. Mos.a Iron Works, Wbeellng, W. -Ya. 105.00 R E''warner White-Warner Co., Taunton, M:ass----- U0.00 Alex GlaRs, Whitaker-Glessner Co., Wheeling,, W. Va, __ Charies R. Doges, Taunton Knitting Co., 'l"a.unrou, 4-00.00 39.00 April 24 192'0 ~ R. S. W oodruJI, C. I. Henick Co., New Haven. CO'nL-- 100.00 di1~!~ ~~.-ifcCiiii~i;tiiieiiira-sfc>VeLfnliig-co:-'i'e:linioii, April 26, rn20 : 50.00 C. W. Pendock, LeRol Co., West Allis, "Wls.------ 25.00 O::rS:1F"ire-Eiting-tiisiier-co.:-i>r:oViaen.c.e;it.-r==~=== 150.00 C. L. Rlanchard, 8tnlldard Paper Ce.,. Milwaukee. Wis. 50.00 Robert L. Knight, B. B. & R. Knigllt Co... ProvidPnce, J. M. Tait, FedP..ral Rubber Co.; Cudahy, Wis, _____ ,_ __ 200.00 50.00 R l ------C. A. CbaaneTI. Channel Chemical Co., Chi~, m. __ 26.00 E. L. Spencer, E. L. Spencer Co., Providence, R. L---- 50. 00 B. S. Crawford, Wheeling Mold & Foundry Co., Wheel- Mareh 23, 1920 : .200.00 George B. Champlin, S. B. Champlin Co-., ProTid~e. ing, W. Va.------. 00. 00 E. 'J'. Hetchma• Ceal & Coke Co., Wheeling, W. Vo.._,_ Hi0.00 1------~------~------W. A. Dalsell, Ji'-0ator.la GlaBB Co., MoUBdnille, W. Va. 75.00 Marcb R.24, 1920 : April 26, rn20 : Republican State Committee ot KaDMllll------ 194.00 Ref1~P~fsf-~_a.:~~~~~~o~~!~:e_e__ : · W. Va. ------'------150. 00 R. A . . Badger Curtice Br&!'!. Co., Rocbel!lter, 'N. y ______M1. 00 April 30, 1920 : Frank H .. Vieie. Holden Woolen Co., Worcester, Mass __ _ 75.00 A.lex R. Watson, lM.aJD()nt Operating Co., Fairmont, W. H. J. Collis, H. J. Collls Manufacturlng Co., T1n.mt-011, 150.00 :Mass---~------~------25.00 F'redVa. Helmick,------Helmick Foundry & Machine Co., Fair- Hareh 27, 1°920 : mont, W. Va·------60.00 E. H. Palmer, Empire Gae & Electric Co., Geneva, E. R. Mellf)tt, the Buekeye Traction Dlteber ~.. Find-- 824.00 0 100.00 ci!i:1e~ w:-s-wm:s~iiti-Lu"bricaful.-co:-.-~.-N:--y:::: 42.00 W ~a~. &fcilcock:°-the-Attantlc--Wlre-Co:,--BianM"O"r"d~ Henry Simpson, A. Wyckotf & Sons C.o •• Elmira, N. y __ 41.00 Conn. ------~------108.00 Jrlarch 29, 1920: May 8, 1920 : Mansfield Bleachery Co. Providence, R. I----~-- 175.00 Delaware State Committee, subscriptions on account__ 86. 6'1 J. P. Hummel, Hummel ·«1 Downing Co. Milwaukee, Wis- 100.00 Hrunswick-Balke-Cellander Co., 629 South Waba8h W. W. Coleman, Bucyru'S Co. South lliiwauke~ Wis __ _ 100.00 .Avenue, Chicago, IlL------· ------ 50.00 w. F. Schleiter, Dilworth, Porter & Co. (Inc.), Pitts- Freel R. Miller Dresser Manufaeturlng Co~ .Bradford, burgh, P&------~------~------102.00 l'a ------88.00 Bay State Thread Co., Springfield, MasS------2ri. 00 May '4, 1920: )rlarch 31, 1920 : Jacob Sperber (Inc.), 20-28 West Thirty-fifth Street, 0 New York, N. 100.00 E.cl~nRr~hf~~~~:_<:_ru:'-~~:~s_.:_r_~~-~- -~-~--c_~~ 66.00 Mr. RUSEiell W. Wright,Y------New bigland Bott Co., Pro"Ti-· April l, 1920 : dence, R. 1------~-~------~------100. 00 l. H. Page, Page Needle Co., Chicopee Falla, .Maas---- 55.50 E. A. Beaman, Beamu & Smitll ~., PNvidenee, R. L 50.00 F. W. Lee, Nonotuck Silk Co., Northampton, M8;88---- 500.00 May 5, 192C> = Walter C. Watson, L. S. Watso-n YanuflLctunng Co., Mr. R. C. Kirk, La Belle Iron Works, Steubenville, Leicestei>, Mass------25.00 OhiO------000.00 April 2, 1920 : May 6, 1920: John B. Kennedy, English & l\lersick Co., New Haven, American Glue Co.~ Boston, Mass ______139.00 Conn------150.00 William Grosvenor, Grosvenor-Dale Co., Providence, Frederick H. Stevens, O. B. North .& Co., New Haven, 100.00 Conn------13fi. 00 GeorgeR. 1------W. Thornton. American Screw Co., Providence, Aprll 3, 1920: 150. 00 F. H. Chappell, F. H. & A. H. Chappell Co., New l..Ml- Waitc,"R.. 1------~------Threflher Co., Henry C. Tllreeber, Pawtucket, don, Conn------'------34.50 R. 1------100.00 8856 CONGR.ESSION AL RECORD-SENATE MAY 19 I May 7, 1920: June 111,..,,, 1020 : Col. Lymnn Goff, Union Wadding Co., Pawtucket, H. K: Junling, Bridgeport National Bank, Bridgeport, $150.00 Oh10------$30. 00 D. R.Goff, 1------Goff & Son Co., Pawtucket, R. L------100.00 W. E: Thomas, Bridgeport National Bank, Bridgeport, William B. McCall, Lorraine Manufacturing Co.,· Paw.- Oh10------50.00 tuckc~ R. 1------150.00 June · 18, 1920 : W. E. Hitchcock, .Atlantic Wire Co., Branford, Conn __ 25.00 D. E. llethington, Globe Malleable & Steel Co., Syracuse, May 8, 1920: 151. 50 C. T. Keller, Walworth Manufacturing Co., Boston, June 19,N. 1920Y------: l\Iass ----- · ------~------300.00 George C. Laub George Laub's Sons, Buffalo, N. Y., J. A. Block, Block Bros. Tobacco Co., Wheeling, W. Va_ 75. 00 1051 Clinton Street------ 25.00 ?tiny 10, 1920 : . June 21, Hl20: OttoWheeli.ng, Schenk, W. F. Va Schenk ______& Sons, 30 Market Street, _ M ..J. O'Donnell, Falls Rubber Co., Cuyahoga Falls, 50.00 Oh10-----~------225.00 I. M. Scott, Wheeling Steel & Iron Co., Wheeling, W. H. Jenks, -Marathon Tire & Rubber Co., Cuyahoga W. Va------150.00 Falls, Ohio ------150.00 J ames S. Brody, Hazel-Atlas Glass Co., Wheeling, C. W. Vaughn, Turner. Vaughn & Taylor, Cuyahoga W. Va------4G6.50 150.00 A. M. Weir, Weirton Steel Co., Weirton. W. Va ______150.00 H.Ffi~si3~~~1~-wilyef coke-co.:-u1i1oiitowii~-"Pa:::::: 50. 00 William D. Reid, Pollansby Bros. Co., Pittsburgh, Pn __ 100.00 June 23, Hl20 : Louis Allis, Mechanical Appliance Co., 133 Stewart Ave- Charles H. Bliss. L. Hardy Co., Worcester, Mass ____ _ 100.00 nue, Milwaukee------50.00 P. Co.,J. McDonough,Worcester, Mass L. ______W. Pond Machine _: ______& Foundry _ Cycloue Fence Co., Waukegan, Ill ______25100 100.00 J, H. Valentine, the Warren Woolen Co., Stafford June 24, 1020 : Springs, Conn------ 40.00 George H. Coates, Coates Clipper Manufacturing Co., E. OhioM. ______Pulllngham, Republican State Committee of _ Worcester, Mass------·------100.00 439.00 H. M. Naugle, National Pressed Steel Co., l\Iassillon, May 11, 1920 : OhiO------~------875.00 United Wire & Supply Co., Auburn, R. L------ 50.00 H. E. Zuber, Enterprise Aluminum Co., Massillon, Ohio_ 75.0-0 F. W. Bowers, Bowers Pottery Co., Mannington, N. M. Scales, Chairman Republican State Committee, W. Va------225.00 Guilford, Me------. 172.00 May 12, 19~0 : June 25, 1920: H. C. Hoffman, West Park Glass Co., Clarksburg, llarry C. Coley, Howard Bros. Manufacturing Co., W. Va------50.00 Worcester, Mass------75.00 May 13, 1920 : 1\lr. Alden Reed, Reed & P1·ince Manufacturing Co., John Ca.vedon Falls Yarn Co., Woonsocket, R. L---- 60.00 'Worcester, l\Iass------100.00 Theo Guevin, ~fontrose Worsted Co., Woonsocket, R. L 150.00 E. E. Russell, Transue & Williams Steel Forging Co., W. C. Harding, Tuna Glass Co., Clarksburg, W. Va __ _ 100.00 1 100.00 F. W. Bell, Wooster .Sanitary Co., Clarksburg, W. Va __ 50.00 A:ft~l1a1}:eiJil~!~-rric1ewater-oi1-cfo:;-:Ne-w-Yorli::-N-~-Y~ H. 1\.1. Greist, Breist Manufacturing Co., New . Haven, 11 Broadway ------25.00 Conn------60.00 June 26, 1920 : May 15, 1920 : John L. Thomas, Corning Glass Works, Corning, N. y_ 1, 761. 50 W. G. Hammond, Royal Window Glass Co., "Grafton, El. N. Woodward, Woodward & Powell Planer Co., W. Vn------75. 00 Worcester, ~Iass------ 50.00 May 17, 1920: . C. J. Sherer, Dayton Wright, General Motor Co., Day- D. E. McNicol, D. E. McNicol Co., Clarksbur151 W. Va __ 100.00 ton, OhiO------~------50.00 G. E. Jones, Thatcher Manufacturing Co., darksburg, Robert S. Snevily, Oil Seed Co., New York, N. y ____ _ 40. 5Q 'W'. Va------75.00 June 29, 1920 : May 18, 1920 : H.P. Coppus, Coppus Engineering Co., Worcester, Mass- 150.00 Joseph Grant, Crescent Window Glass Co., Weston, June 28 1920 : · W. Va------.:.------150.00 A. W. Calkins, Kansas City Pump Co., Kansas City, Mo_ 50.00 Republican National Committee, on account ______129.59 June 30, 1920 : May 19, 1920 : G. A. BridJ!.eS, Williams & Bridges Co., Worcester,~Mass_ 150.00 Lincoln League of Indiana------ 846.00 Albert J. Heywood, Heywood Boot & Shoo Co., worces- May 20, 1920 : ter, Mass------~------75.00 C. E. llutchinson, Hutchinson Coal Co., Fairmont,· R. C. Phillips, American Rolling Mill Co., Middletown, W. Va------800.00 Ohio------·------250.00 May 21, 1920 : E. R. Balley, Grasselli Chemical Co., Cleveland, Ohio 150. 00 Charles E. Purvear, Royal Weaving Co., Pawtucket, July 1, 1920 : 100.00 T. P. Braun, Simplex Player Action Co., Worcester, ldaR. L.1------Maxey, George II. Fuller & Son Co., Pawtwcket, :MaSi------~--- 100.00 100.-·oo A. H. Tuechter, Cincinnati Bickford Tool Co., Cincin- GeorgeR.1------T. Greenhalghb Burgess Mills,. Pawtucket, R. I..: 100.00 nati, OhiO------25.00 Ralph C. Lunch, Lum Knitting Co., Pawtucket, R. L_ 42.00 H. K. McCauley, 1301 Sixth Avenue, Altoona, Pa ____ _ 25.00 M. Bauman, The Bauman Lumber Co., New Haven, Conn_ 85.00 July 2 1920: May 22, 1920 : Charles Baker, Baker Box Co., Worcester, Mass ______105.00 Hazel-Atlas Glass Co., Wheellng, W. Va ______228.00 Robert C. Olson, Olson Manufacturing Co., Worcester, Danielw. va Ho'\'\"ard, ______Central Fairmont Coal Co., Clarksburg, _ ~iaSS------33.00 100.00 J. D. Phillips, No. 4 Park Street, Boston, Mass ______25.00 May 25, 1920 : I Charles Briggs, Calumet, Mieh------ 50.00 J. M. Casell, Whitin Machine Works, Whltensville, Francis H. Gates, Chittenango, N. Y------50.00 M:ass------200.00 July 3, 1920: F. A. Weiman, Welman Bros. Manufacturing Co., Derby, D. O'Connell, Sterling Worcester Mills, Worcester, Conn------25·. 00 llass------50. 00 May 26, 1920 : Ella W. Foye, Thomas Smith Co., Worcester, Mass ___ _ 35.00 H. J. Zlackun, Goodyear Tire & Rubber Co., Akron, · E. C. Damor, Hudson Belting Co., Worcester, Mass ___ _ 86.00 Ohio------150.00 Louis A. 'W'heeler, Galbert Last Co., Worcestei:, Mass-- 25.00 H. A. Zeller, West Virginia Rall Co., Huntington, W. Va_ 300.00 Henry A. Wise, 15 WilliRm Street, New York City ___ _ 25.00 Republican State Central Committe~ Raymond Benja- M. B.~nevlly, 35 South William Street New Yot·k City_ 50.00 men (chairman), San Francisco, \_;aliL ______· 561.00 R. C. Caples, the Willys-0'\"erl:md C'o., Toledo. Ohio ___ _ 25.00 May 27, 1920: July 6, 1920 : H. R. Wyllie, H. R. Wyllie China Co., Huntington, Stanley A. Easton, Bunker Hill & Sullivan J.flnlng & W. Va------150.00 Concentrating Co., Kellogg, Idaho ______150.00 May 28, 1920 : Leonard C. Hanna, jr., Leader News Building, Cleve- Wade Gardner, American Rubber & Tire Co., Akron, 25.00 Ohio ------37.00 Sa~~~i ~~i0areen,--siffii1ei-if.-ore:-el1-c-O.:-s-Priilgiiefd~ May 29, 1920 : 25.00 William J. Pfeiffer, Mlller Rubber Co ..l. Akron, Ohio __ _ l\laSS------~------150.00 F. A. Rua~ Robert N. Bassett Co., New York------ 25.00 'l'homas F. Bailey, Banks Supply \.,;O., Huntington, Frnnk J. HoganbColorado Bnildlngh Washington, D. C._ 25.00 W. Va------50.00 O. S. Bergman, . Bergman & Co., i::;t. Paul, Minn ____ _ 25.00 June 1, 1920 : A. G. Hubbard, Redlands, CallL------25.00 H. E. Thatcher, Malleable Iron Fittings Co .• Branford, James E. Brown 316 Fourth Avenue, Pittsburgh, Pa __ _ 25.00 Conn------...:------863.00 H. K. Portner, Bl"iarcliff l\Iunor, N. Y------25.00 George E. Barber, Star Pin Co., Darby, Conn ______105.00 July 7, rn20 : Lincoln League of Indiana------ 173.50 Miss Emma E. Mlller, Goodbody & Co., 115 Broadway, C. B. Allen, Philadelphia Rubber Works Co., Akron, Ohio- 150.00 25.00 June 3, 1920 : July 8, N.1920 Y------: William O'Neil, General Tire & Rubber Co., Akron, Ohio_ 300.00 Fred G. Munson, ·W. M. Steel Co., Worcest~r. ·Mass ____ _ 50.00 F. H. Firey, Star Rubber Co .• Akron, Obio------ 75.00 M. H. Brown, Ivy-Corset Co., Worcester, Ma·sS------ 100. 00 C. P. Baughman, Swinehart Tire & Rubber Co., Akron, Anclrew G. Hildreth, Worcester, Mass------ G0.00 OhiO------75. 00 John H. Dodge, Commercial Street, Lowell Wrench Co., Thomas H. Morris, Charles Boldt Glass Co., Hunting- Worcester, Ma&'S------25.00 ton, W. Va------150.00 Lewis C. Warner, Naugatuck, Conn ______30.00 June 7, 1920: Leonard .S. Smith,· American Laundry Machinery Co., Jacob D. Cox, Cleveland Twist Drill Co., Cleveland, Cincinnati, Ohio ------Gl.10 Ohio------25.00 George F. Lee, u09 Wyoming Avenue, Kingston, Pa ___ _ 25.00 Lee Phillips Paci.fie Mutual Life Insurance Co., Los George c. Howe, Short Mills, N. J ______25.00 Angeles, Calif------50.00 July 9, 1920 : . June 8, 1920 : George '1'. Blake, jr., Co., Worcester, Mass., E. Dodge __ 31'i. 00 E. P. Root, New Haven Clock Co., New Haven, Conn __ 100.00 \Vorcester Lawn l\Iower Co., Worcester, Mass ______25.00 W. D, Wells, Babcock l'rinting Press Manufacturing Co., H. A. Moody, 1162 Dean Street. New York ______25.00 New London, Conn------193.00 Charles I. 'l'hayer, 206 Equitable Building, Boston,'Mass_ 25. 00 1924 CONGRESSIONAL RECORD-SENATE 8857

July 9, 1920--Continued July 27. 1920: John M. Woolsey, 27 William Street, New York ______1 $50.00 W. H. Leonard the Denver Rock Drill Manufacturing A. C. Hough, Hough Shade Corporation, Janesville, Co., Denver, ColO------$100.00 Wis------25. 00 . J. V. Lambert, Acme Rubber Manufacturing Co., Tl'en- F. L. Fay, Greenville Steel Car Co., Greenville, Pa____ _ 100.00 • ~ ton, N. J------150.00 July 1 O, 1020 : .1. P. Peterson, Cairo, IlL------25.00 M. S. Wright, M. S. Wright Co., Worcester, Mass______150.00 July 28, 1920: · Lloyd Booth, Falcon Steel Co., Niles, Ohio ______100.00 Charles L. Taylor, Hartford, Conn------~-- 37.50 :E. J. McClain, Greenfield, Ohio------50.00 Arthur Schwartz, Princeton Worsted Mills Co., Tren- B. B. Quillen, Cincinnati Planer Co., Oakley, Cincinnati, ton_, N. J ------150.00 Ohio------25. 00 J. Greene, Bergougnnn Rubber Co., Trenton, N. J ______75.00 July 13, 1920: B. K. Wilbur, H. 0. Wilbur & Sons, Philadelphia ______25.00 \' Dayton Malleable Iron Co~ Dayton, Ohio ______204.00 Charles Ray, 88 Prospect Avenue, Milwaukee, Wis ____ _ 25. 00 W. H. B. Ward, Trumbell ;::iteel Co., Warren, Ohio ____ _ 300.00 July 29, 1920 : Dr. E. E. Smith, the Smith Yarn CO------ 50.00 Thomas P. Woodhouse, Woodhouse.Chain Works, Tren- W. T. Barbour, Detroit Stove Works, Detro1t------ 25.00 ton, N. J------150.00 L. G. Litchfield, Wilcox Comb Co., Keene'-~· H------50.00 C. S. Joy, the New Departure Manufacturing Co., Bris- George I. Alden, Norton Co., Worcester, Mass ______M.00 to~ Conn------500. 00 Adolphe De Bary, 55 Liberty Street, New York------ 200.00 D. M. Brown, the Rocky Mountain Fuel Co., Denver, W. C. Eustis, Oatlands, Va------ 200.00 ColO------100.00 T. W. Phillips, jr., T. w. Phillips Gas & Oil Co., Butler, Charles Fenn, Prince George Hotel, New York Cit.V--- 07.50 25.00 Mrs. Raymond Robins, 1437 West Ohio Street, Chicago, AlexPa Whiteside,------30 State Street, Boston, Mass------25.00 25.00 H. C. N. l\Iosher, box 905,.1, New Bed!ord Mass ______25.00 July 30,111------1920 : Frank T. Hulswit, 600 \_;rescent Street,1 Grand Rapids, William B. Swan, the James Swann Co., Seymour, 25.00 Conn ------63. 00 Richard~Iich ------Whllelm, Eastern Tanners Glue Co., Gowanda, J. W. White, Webster Springs, W. Va ______100. 00 25.00 July 31, 1920 : Fred.N. Y------E. Lee, Dowagiac, Mich------25.00 A. Karpen, S. Karpen & Bros., Chicago, IlL------150.00 Charles H. Koopelman, Maryland Casualty Tower, Balt1- August 2, 1920 : 25.00 J. R. l\litchell, Mitchell-Bissell Co., •.rrenton, N. J ______78.00 s.1J~ril:e~an;-:Dfamond-P-ower-SpecialtY-Co~-])etroft J. H. Reed, Pittsburgh, Pa ______100.00 25.00 M. D. Thatchei.-, the Great Western Sugar Co., Pueblo, July 12,Mich 1920 ------: ColO------200.00 William H. Avant, North Meridian Street, Indianapolis, August 3, 1920: J. 'Yul.lace Carrel, Lodge & Shipley Ma.chine Tool Co., Ind ------25.00 W. B. Allbright, Southewestern Building, Chica~, Ill-- 25.00 Cmcmnati, Ohio------26.00 George M. Mills, West Ontario Avenue, Pbllade nia __ _ 25.00 .August 4, 1920: W. E. Green, Denver & Rio Grande Rail.road. enver, C. R. Riley, the Norton Mfg. Co., Bristol, Conn ______75. <>0 25.00 John T. Chidsey, J. C. Root Co., Bristol, Conn ______52.50 Colo ------25. 00 J. A. Campbell, the Trenton Potteries Co., Trenton, N. J _ 225.()() G. W. Mudd, box 309, Norton, Va------J. B. Colvin, Fackson Foundry, Worcester, Mass ______July 14, 1920: 50.00 C. B. Loveless, Warren Iron & Steel Co., Warren, Ohio_ 150.00 August 5, 1920 : . A. B. Corneee, Hamilton Rubber l\!fg. Co., Trenton, N. J _ 150.00 W. A. Beckdil, the Borden Co., Warren, Ohio ______150.00 H. D. Leavitt, Crossley Machine Co., Trenton, N. J ___ _ George F. Konold, Warren Tool & Forge Co., Warren, 67.50 150.00 Louis A. Biddle, 85 Avenue Henri-Martin, Parts, France_. 250.00 Ohio ------Henry W. Banks, jr., 14 Wall Street, New Y<>rk City __ 50.00 N atlonal Association of Window Glass Manufacturers, August 6, 1920 : of Pittsburgh, Pa------ 95.00 Annie Norton Battelle, Columbus, Ohio ______75.·oo William C. Marbre, Curtis & Marble Machinery Co., Wor- Arthur L. Beardsley, Dr. Mills Medical Co., Elkhart, Ind_ cester, Mass------75.00 50.00 Lem. W. Bowen, D. M. Ferry & Co., Detroit, Mich ____ _ August 7 1920 : 25.00 Republican State Committee of Delaware______45. 35 July 15: Chas. Jj\oultz, Lambertvllle Pottery Co., Lambertville, James P. l\!cGrady, Worcester Steel & Manufacturing 75.00 Co., Worcester, Mass------ 45.00 P. N.C. J------~------Kendall, Sedway Mercantile Co., Elkhart, Ind ___ _ 50.00 .J ohn Jackson, the Simonds Manufacturing Co., Pitts- August 9, 1920: 25.00 C. C. Bradley, C. C. Bradley & Sons Co. Syracuse, N. y_ 62.00 F. bF~~ tiii~-tlie-camp-ofaas-co~.-ifU"f"iD-'ton;w~--vs:::: 25.00 G. A. :B'letcher, Gossard Corset Co., Ch 1cago, IIL ______25.00 Larz An5erson, Bason Building, Boston, ~ass ______250.00 W. H. Sanders, Greensboro, N. C------28.05 P. E. Thomas, Kempsmith Manufacturing Co., Milwau- August 10, 1920: kee, Wis------25.00 Geo. C. Clark, Pequabuck, Conn ______30.00 F. D. McKay, 17 Adams Street, Brooklyn, N. Y------ 25.00 F. N. & A. N. Monrass, Forrestvllle, Conn______25.00 H. E. Folsom, Lyndonvllle, VL------25.00 H. B. Tubin, Woven Steel Hose & Rubber Co., Trenton, :hl. C. Roberts, U. N. Roberts Co., Davenport, Iowa ____ _ 50.00 80.00 J. C. Hobart, Triumph Electric Co., Cincinnati, Ohio __ _ 25.00 AugustN. 11 J------1920 : · July 16: Nothing. · Geo. L. Leonhard, the Paterson Parchment Paper CQ., July 17: Passaic, N. J------887.00 J. B. Estabrook, Warren, Ohio, the Sunlight Electric Robt. Patterson, Dayton Trust & Savings Co., Dayton, Manufacturing CO------150.00 Ohio------25.00 Edw. L. Buckwalter, Spring-field, Ohio ______100.00 August 12, 1920 : L. H. Miller the Ansted & Buck Co. Springfield, Ohio __ 50.00 Mr. Drescher, Bausch & Lomb Optical Oo., Rochester, .J. S. W. Holton, Chestnut Street, Phlladelphia, Pa ____ _ 25.00 500.00 Thomas Chatard, the Greenbrier, White Sulphur AmbroseN. Y------~------G. Dale, International Pottery Co., Trenton, Springs, W. Va------25.00 87. 50 William L. Hartman, Pueblo, Colo ______25.00 AlbionN. J------~------E. Lang, Windsor, VL------·------90.00 July 19: J. Kirby, Dayton Manufacturing CO------ 225.00 A. W. Katterman, Katterman & Mitchell Co., Paterson, July 20 : Nothing. 11>0. 00 July 21, 1920 : AugustN. 13, J------1920 : . · . . L. P. Walker, Stephenson Manufacturing Co., South F. F. Barnes, the Wallace Barnes Co., Bristol, Conn __ _ 345.00 Bend, Ind------50.00 August 14, 1920 : R. G. Carter, Sibley Machine Co., South Bend, Ind ___ _ 60.00 Thos. Maddox, .Thos. Maddox Co., Trento~t N. J ______150. ()() B. G. Williams, M1shawake Woolen Manufacturing Co., Chas. E. Lotte, Colt Building, Paterson, .N. J ______225.00 Mishawaka, Ind------ 100.00 Wm. Park..t Wm. Park & Sons, Stafford Springs, Conn __ 30.00 E. A. Anderson, South Bend, Ind------25.00 August 16, 19~0 : Stephano Bros., 1014 Walnut Street, Philadelphia ____ _ 50.00 J. H. Cooledge, jr., the Telling-Belle Vernon Co., Cleve· J. W. ·Donnelly, Hotel Athenaeum, Chautauqua, N. y __ _ 25.00 5-00. 00 F & N Lawn Mower Co., Richmond, Ind. (H#L. Lontz)_ 25.00 w~.n&. ~m~ur.i,-fiirrington, Conn____ 50. 00 D. J. Harr, 906 Commerce Building, Kansas City, Mo-- 25.00 Howard Castle,1 The Torrington Building Co., Torring- July 24, 1920: ton, Conn~------~------162.00 H. B. Forennes, the Hobart N. Cable Co., Chicago____ _ 145.00 .A. H. Bullard, Bullard Machine Tool Co., Bridgeport, George H. Goodall,· United States Slicing Machine Co., C<>DD------600.00 Laporte, Ind------225.00 A. B. Harper, American Silver Co., Bristol, Conn______56. 25 Willlam B. Maddock, John Maddock & Sons, Trenton, P. J. Mamber, ·.rhe Mamber Brick Co., Benton Harbor, 172.50 Mich ------25. 00 F. N.P. J------Hixon, Lacrosse, Wis------25.00 Robert Barbour, Barbour Flax Spinning Co., Paterson, July 26. 1920: B. K. Bowman, J. L. Mott Co., Trenton, N. J ______225. 00 LewisN. J------~------A. Howell, .The Howell Lumber Co., New Bruns- 225.00 John T. Manson, box 1685, New Haven, Conn ______50.00 wick, N. J------30.00 J, W. Bettendorf, Bettendorf Co., Bettendorf', Iowa ___ _ 50.00 D. H. Moore, Athens, Ohio------;z;;a__ 21>. 00 .8858 CONGRESSIONAL RECQBD-SENATE

August 26, 1920: George A. S~hacht;. G. L Seha.cht. Motor Truell Co., CincinnatL --- Preferred O'ommon August 27, 1920 : lh!mlll shsres held held Vernon Rayle, John Rayle. & Sons. Pat~ Nr J __ 50.00 J. H. Whiting, The Fra.nkliJJ. Moore C~ W~. Conn------~ rm oo Georp B. Ind •• and.:Wasbtngton, D. 235 George F- Drake, New ELglarul Pin~ Wlnatee.d, Conn.. 15.00 l Lockwood, otMnncte. Cl'.. 617 August 28, 1.920 : I Adam II. Beck; of Greencastle, Tud~------an 15 T. C. Whitcher, The- Dry- Kold Refrigerator Co., Nilee,.. Iohn W. Weeks; of We.!tN~ Msss-~------00 25 James T. Carr; of DhbaQue, IOwa------2lJ . 10 Mich ------8'1.50 .A:lvah H. Martin {deceased}, of Norfolk; Va-__ _-____- ______1'J. : Jll. Park, TM National Standard Co-., NlleS; Mlch----- 150.00 5 .A.uguat 30, 1.920 : 18 L. F. Roentz, 835 West Ontario Street, Chicago ______25'. 00 J!m~BH~~;r·J~B~~~===::::-_:::__ :15 ~ , 20 Al Berkeastein, S. Berkeasteln & SOns Co., Chleago___ _ 25.00 , WllllamG. Irwtn, of Colnmbtm, lnd------! 7l I Charles D. Hillis; of"New-"York Ci~ N. Y------; 2S I2t Isaac M. Eernstein, Monarch Leather Co. Chlcago___ _ 25.00 John. T. Adamsr otDtrbtlqno,..fowa______10· P. El. Madden, International Tag Co,, Chicago______25.00 31i :m. E. White, Globe Casket Co.,, Kalamazeo. Wch------90.00 I Wm.B. Thompson; of"NewYQrlc-Clty. N •.Y------~---- 1'90 95 August 31, 1920 : A.. T. Hert, of Louisville.~-----·------, IO 5 G. E. Mattbier, The Seymour- Manufacturing Co., Sey- Geo. W ~Fairchild, ot Oneonta, N: Y ------~------10 5 1 800.00 1!1.Carl EBrl W. Fouts, Riddick, ·of Mnncie, of Lewistown, Ind:------·----- Mont ______--·------· H.mJ7.u&a~:~Tii-;If.-c~-Cook-Ci.;-AiiiOnia:-conU:::::: 87.50 1 September 1, 1920 : L. A. Anschutz, the Ansonia Electrical Co., Ansonia, Total------~------7Jl1 867 Conn------75.00 B. W. Doyle, treasurer the-- Visc&lord C~.• Fitchburg, The capital stoe.11 of the- National Republican Publishing Co. is M:ass------~------25'0. 00. R. W. Smith, Richardson Piano Case Co., Leominster, $200,000-1,000 sliares of pref"erred stock, at $100 par Wllue, and :Mass------100.00 l,000 shares.. of. common. s.tock,. at $100 par Talue. The~ are still held Maury C. Danion. the Danton Co.,. Leominster, :Mass __ _ 25.00 in the treasUrJ" 270 l!lba.ree ot pref~ and !83" ·share& et' common Whitney & Co., Leominster, MasB------7:5. 00 stoc.lt. The abo,ve fg a. llst' ot. the- etockholders, together witll tJieh! ad 8eptember 2 1920 : . j L. M. Crittsfnger, Churfb!ll-Morga:n-Crlttsinger, Worces- dlreSBeS and the am.o.unt ot indlvidual. holdings. The. common stock ter, :MaSS"------35. 00 was issued as a bon.us. W. H. Goodall. Goodale Comb Co., Leominster, Mass __ _ 2f).00 This statement: ls made to supplement, and tn some respects 'to cor William · H. Cropper, F. H. Whitney Carriage Co., reet, testimony• of Mr. Geor.:e B, Lodnrood, given from, memo~y. as to Leominster Mass ------100. 00 J. Broughton: United Globe Rubber Co., Trenton, N. l-- 45.00 stockholders; and ii' ta.ken f POm the- reeH'd~ or· tlie company. Fred E. Lee, the Beehwith Co., Dowagiac. Mich..----- 697.50 ' R: H. F"o:r..LU, 8eptmnber 8 1920·: . For.. the. Nattoeai BepvbUotM PvWuMng Oo. c; A. Fox, secretary and Uea.Burer Bryant Paper. C.o., Kalamazoo, Mich ------ 7!10-00 l\Ir. KING. Has. the Senato11 any information as ta wllether J"ohnN. Mettler,J ______Interwoven...:._ Stocking ______Co., New Bn:mawiclc, _ I 102.00 the circulation of the paper· js larger now than it was at that JTowarcl H. Chase, Leominster Wonted Co~ Leominster,. time? :Mass------~--~------~------100.00 A. C. Rockwell, Rockwell Woolen Co., Leominster, Mr. NOR.Rl:S. No;., I do not knaw.t Mass ------~------35. 00 Mr: KING. My info.rmatien is the:t if has· increased tn cir A. A. Tisdale, the Horn &- Supply Co1, Leominster, culation very considerably, and' I was wondering if the: Senator Mass ------25: 00- Wilmot Castle, Wilmot Castle Ct>., Rochester, N. y ____ _ 152. 00 had. any informa:tiDIL as to1 whe> pa-id ft:>r the iooreased. circula September 4, 1920 : tion or for the ordinary circulation? A. Lichtman, A:. Lichtman&. Sons-Co., Newa:rk. N. J___ 25.00 1\.fr. NORR'IS. :r have~ not at the present time rucy informa H. P. Walters, Consolidated Window Glass- Co., Brad- tion beyond the last date whichi I Jia.v.e mentfone~ Sep.t.tinber, ford, Pa------1·00. 00 192.0..'- :m. F. Green, Crompton I; Knowles. Loom. Co., Worces- ter, Mass ------"----- a75. oo Mr-. KING. I suppose the senat61' rs one @f' the able Repub Republican Headquarters, Clay, W. Va------6'Z. 00 licans who- havei be.en read. om cilf the· party by thi& Republican 8eptember 7, 1920: . I organ? Andrew Bennett• . jr.• 111Ccretary Republica."11 State central committee. Phoenix, Ariz:... ______100.00 1\lr. NORRIS. Oh, I suppose SQ;. I ba..ve been f.-O!d . that is the H. Gail Davis. Oliver Chilled Plo-w Works, Soath Bend, case; I have not read it myself and do not care enougll about it Ind------fO~OO t'o read it. September 8, 192(}-: A. c. Grimme!, Sneath Glass Co•• H.artfont City, lnd __ . 2{).00 l\Ir. WALSH of Montana. Is the Senator able to advise us September 91 1920 ~ whether, UJ:')On subecrlpti-OnS' of ~at character, tl096·names sent / K. B. Kenfield, Brown Bag- F'llling- Machine C., Woroe.g.. ter, Mnss------108.00 The PRESIDENT pro tempore.. Tbe papers· presente

Mr. SHORTRIDGE, from the Committee on the Judiciary, By Mr. NORBECK: to which was referred the bill (S. 1042) to provide fQr the A joint resolution (S. J. Res. 127) to provide that the powers establishment of a probation system in the United States courts, and duties conferred upon the Governor of Alaska under ex except in the District of Columbia, reported it without amend isting law for the protection of wild game animals and wild ment. birds in Alaska be transferred to and be exercised by the Mr. OVERMAN, from the Committee on the Judiciary, to Secretary of Agriculture; to the Committee on Agriculture which was referred the bill (S. 2178) to relieve United States and Forestry. district judges from signing an order admitting, denying, or By Mr. HOWELL: dismissing each petition for naturalization, reported it without A joint resolution ( S. J. Res. 128) to limit the compensation amendment. that may be paid under the Federal farm loan act; ordered Mr. PEPPER, from the Committee on Foreign Relations, to to lie on the table. which was referred the bill ( S. 2172) to amend section 1 of LEE RTIOCK the act of June 4, 1920 (41 Stat. I"". p. 750), and to ·provide Mr. McKELLAil submitted the following resolution (S. Res. fees for executing applications for passports and for issuing 228), which was referred to the Committee. to Audit and Con the same, reported it without amendment and submitted a trol the Contingent Expenses of the Senate: report (No. 564) thereon. Mr. LADD, from the Committee on Agriculture anu Forestry, Rettoli:cd, That the Secretary of the Senate be, and is hereby, to which was referred the bill ( S. 3047) authorizing joint in e.uthorized and directed to pay, out of the appropriations for the vestigations by the United States Geological Survey and the contingent fund of the Senate, to Lee Brock, of Nashville, Tenn., Blll'eau of Soils of the United States Department of Agriculture the sum of $142.80 for expenses incurred in examination of witnesses to determine the location and extent of potash deposits or oc in contested nomination of postmaster at Dickson, Tenn. currence in the United States and improved methods of recover INVESTIGATION OF FEDERAL F...\..RM LOAN SYSTEM ing potash therefrom, reported it without amendment. He also, from the Committee on Public Lands and Surveys, ~Ir. HOWELL submitted the following resolution (S. Res. to which was referred the bill ( S. 697) providing for the dis 229), \vhich was ordered to lie on the table: posal of certain lands on Crooked and Pickerel Lakes, Mich., Rcsoh'i:f the Sixty-eighth Con without amendment. gress, and to employ a stenographer at a cost not to exceed 25 Mr. HARRELD, from the Committee on ~ndian Affairs, to cents pe1· lmndL'e&l words. The committee is further authorized to which were referred the following bills, reported them each send for per~ons and papers ; to require by subprena the attendance without amendment and submitted reports thereon: of witnesses, the production of books a1Jd documents; to administer A bill (S. 2799) to provide for quarters, fuel, and light for oaths; and to take testimony. employees of the Indian field service (Rept. No. 565) ; and The expenses of the committee shall be paid from the contingent A bill (H. R. 5416) to authorize the setting aside of certain fund of the Senate. tribal lands within the Quinaielt Indian Reservation in Wash ington for lighthouse purposes ( Rept. No. 566). URGE~T DEFICIENCY APPROPRIATIONS Mr. HARRELD also, from the Committee on Indian Affairs, l\fr. STBRLING obtained tlie fioor. to which were referred the following bills, reported them each l\fr. \VA.RREN. Mr. President, I ask the Senator from · with an amendment and submitted reports thereon: South Dakota if he will yield until I may have considered a A bill ( S. 3111) conferring jurisdiction upon the Court of very !';hnrt appropriation hill? I wish to say in this connec · Claims to hear, examine, adjudicate, and enter judgment in any tion that unpaid bills are nccuµmlating in the office of the : claims which the Stockbridge Indians may have ngaim;t the financial clerk of the. Senate on account of witness fees and ·. United States, and for other purposes ( Rept. No. 567) ; and other expenses. A bill ( H. R. 4835) to pay tuition of Indian children in Mr. STERLING. If the Senator from Wyoming is sure that public schools (Rept. No. 568). the l>ill for which he desires consideration will not lead to any BILLS AND JOINT RESOLUTIONS INTRODUCED debate, I shall yield to him in order that he may secure its Bills and joint resolutions were introduced, read the first consideration. . time, and, by unanimous consent, the second time, and re Mr. WARREN. I nsk unanimous consent that the Senate ferred as follows : proceetl to tlle consideration of the bill (H. R. 9192) making · By Mr. FERRIS : . appropriations to supply urgent deficiencies in certain appro A bill ( S. 3329) granting an increase of pension to Mary priations for the fiscal year ending June 30, 1924, and for Edna Peirce; to the Committee on Pensions. other purposes. · By Mr. DAI,E: The PRESIDENT pro tempore. Is there objection? A bill (S. 3330) granting a pension to l\Iay H. Colby; Mr. HOBINAON. Mr. President, I llo not object to the con A bill (S. 3331) granting an increase of pension to Emma 1\1. si<.lerathm of the l>ill, but I think the Senator from Wyoming Bowman; and should briefly explain its provisions, and particularly some of A bill ( S. 3332) granting an increase of pension to :\Ielissa S. the amendments which I understand he intends to propose to Lee ; to the Committee on Pensions. thf? bill. I thiuk in all probability it is necessary to conside1· By Mr. CURTIS: the bill as soon as practicable. A bill (S. 3333) for the relief of Thomas W. Morgan (with Mr. WARREN. I shall endeavor to give a very brief ex accompanying papers) ; to the Committee on Claims. planation of the necessity for the passage of the bill and of A bill (S. 3334) granting a pension to Lizzie C. J. Cluett the amendments which are proposed to it. (with accompanying papers) ; There being no objection, the Senate, as in Committee of A uill ( S. 3335) granting a pension to Ray D. Ingersoll the ''°'hole, proceeded to consider the bill, which had been re (with accompanying papers) ; . · ported from the Committee on Appropriations with an amend- . A bill (S. 333e) granting a pension to Nettie J. ·Davis (with ment. accompanying papers) ; l\Ir. WA.RHEN. l\lr. President, the first item of $100,000 A bill ( S. 3337) granting a pension to Lucresia Burley (with which is carried in the bill is for the contingent fund of the accompanying papers) ; Senate, which not only 1s exhausted. but there are unpaid A bill (S. 3338) granting a pension to Harriett P. Trudell bills now in the office of the financial clerk of the Senate (with accompanying papers) ; and awniting adjustment. A uill ( S. 3339) granting a pension to Katherine Stapleton The bill also carries an appropriation for the United States (with accompanying papers) ; to the Committee on Pensions. courts. It is usual toward the close of the fiscal year for By" Mr. ELKINS : Congress to provirle for certain expenses of the various courts A bill ( S. 334-0) for the relief of George B. Todd ; to the of the United States. Committee on Military Affairs. There is also an amendment, which is reported to the bill A bill ( S. 3341) granting an increase of pension to James by the Committee on Appropriations, providing for the settle A. Chalfant ; to the Committee on Pensions. ment of un account. It will take no money out of the Treas By Mr. REED of Pennsylvania: ury, but it relates to the assessment of the inheritance tax A bill ( S. 3342) for the relief of Robert M. Foster ; to the on a bequest to the Gove~·nment through the Smithsonian In Committee on Claims. stitution by Mr. Freer, deceased. 8860 CONGRESSIONAil REOORD-SENA'l1E }fAY 19

There is another amendment which I shall submit, made of ungetfled clahn& and a-ccounts. and the Department of necessary by a supplemental estimate, prond'lng for an ap Justice-. wa,s of no eerviee in the matter. propriation of $16,000, seemingly very necessary fbr the- Su Mr. WARREN. Those woo have examined the matter dQ preme Court of the District of Columbia which ls in session know tt. with its different juries at work and the money is to be l\Ir. KING. I have examined the matter and I have Slll except priation. to fulfill my promise· to the Senator from South Dakota that 11 As to the theory Up0n which the Department o~ Justice ls wonid not tllke the time if the bill involl\ted debate. operated, it is hardly the place, I think, on an approprill-tion Mr. KING. I do not care to ent-er Into the' reasons which bill whieh i-s to• meet necessary expenses, to. go into the year's prompted the Senater. He· did withdraw the bill. Witl'l. that business of that department; but if the Senator desires it, of understanding, I surrendered the fleol' to- the Senator from course, it may be done later on, as we · are to have another South Dakota. • deficfeney appropriation bill before the session terminates. Mr. STERLING. Mr. President-- Mr. KING. I do not think we should Elispose of appropria The PRESJDENT prires. sire to propose to the urgent deficiency appropriation bill. Mr. KING. No; I do not kn-O\V that, :Mr. President. I am The PRESIDENT pro tempore. The amendment· will be re advised that some recover19 were the result of an auditing ceived and lie on the table. 1924

I 1 1 s'.EN'A'l'oB nmToN x. wnm..En ':;'" P "' ' ' ', Mo'n'.taira ' wa'.s di'' a " 'frame U1'" by his ·politicaJ 11'· .~ ·tti~ 'resif1.t Mr. STEiq:,INGr (reading) : ·• . .. 1 'enemies ~hd thtft', ~~ere- w~ n6t! "d~ ~~ntm~ of truth in the• As a member. of the sale.ct eommlttee &P\)ofnte.ct wi4er , ,thingS' wtih 'wbic!f . 1ie: wail 'c~ktg~ ...... , . Senate Resolution 206 :t respectfufiy submit tne foliowfng None <1! the w1tnesse'!t thl'.#1· ca:1ied at tlie mstance of Senator minority views. ' ' W~ER' .had appeared betoi# t1fe.~fm.d r jury,. and ob'Vion;rly {fhe resolution is as follows··· , . . , • 1 • , their t~timpny can seive no useful purpose m dete'rminH1.g' 1 • L. ,.., tne q'rie'stlon ot''pt'olJfl.bfu cnuse. th· me· testimony of these Resot.ved, That a comniitt~ cotlmstin~ df ftVe =el1l~rtfl of tlie witnesses, tliert{ is' an 11.tful,T fa~k ot evidence m· any me:nne:r' Sen'ate be a~pdinte'd by tlie P'.resid~t ptlo-· tempo:te to mves'tlgatei and' .ul .u_. 11. I . J.: I ~ .I report td •the Seniate the' f!I!ets in. :rlela'fio~ tb 1t3ie cltirke•· dlad~ tli substanuaw1g tuEi stat~~ent' - of oen~l6t' W~:tEBEB' that im- a certain in'dictmeni! returned' aga.imrt B~na'tlor ' Btr~ l['., ~EEL~ ptaper nrotf:Ves 3'.cti1a&e tli'<3 r' ~'\"errrtnenie · o-fficers- Who eith~ in tlfo Untted States rn.sti"icf cotttt fot ihe' St-aite-· of Montim~. ' mad'e tlie itrve~tigation or priesented t~ · evtdence: to the gnnd , , , , jury w)iieh 1 tetumM- 'the · itl:die'eme1ftl. In other words, the ".!'he languag€ of the resolution is broad.. eoough, t(} incfude clrarge- of 0 'fta~ u);):" 'failed 1enUl"ely t;f proof. It rna'Y be an inquiry not only as to whether there was ' .probable cause st'ated furt'he1~· that se*7etal otb'.er wib:ie~ees w-erel b-"Ft>'l'lght from UJ>€ln which the Fede~·al , grand jury for the dis.trict .of Mon· Montana, at' the ihstance of Senator WliEELER, but as none- . tana might- properly return an inaictm.ent aga~~t Senatol' of them ·were called to testify, tt·f~ :fair t()' assume that they WHEELER but also whether Sena.tor WHEELED ,was in fact lutd' no inf'orniation· bear:llig npo:n ' the quemion. guilty of the charges 1aid in the indictment. Itt considerfug the qaestien of probable ca'tlseo--ln &ther The view' here expt~issed is Uhifted to the :first o-f these w~rd's, whetihet tl:l'etle 'ltas' sufficient eVidence. before the grand pl'opositlons, Iia'.mely, as to whetliet' tl'le indictment wire justi.i.· Jnry reasonabjy td warrant the retumi'ng of an in-dictment fted tly the evfUen'ce befOTe the grand' jury. The' sieeond p:tdpo- against SenatC>:r WHEELED-"-ti brief diScttssion of the evidenC'e ' sitiott, as- to- whether Seha.tor WHEE.EB fs in :t't!~t gt1.Ufy -ot ' the' is nece-s·sary, and' atte'n'.tion is in\'ited: 'first to the testimony crime, is not, in my opinion, a proper subject of inqillfy b'Y ot tbe witnessesi·Wbo' appeared f1e.fbre1that botly, together with the committee, that being- solely a 111&tte:r for determination by the doc'nmenta!t'Y evidence vvllieli ti1e littmnEty General supplied the court. fu1 which the indictment is· pending. to the committee, with 'blrief tef01'ence to tbe testimony on A g:rand j11ry is ene ot our 1 time-oonered inst1tutions, and 'belialf of Sein.atop WF.rEELED1 Ileforeren·ter!ng. into s'uch a di&< bas speei1tl• recognition irr our. Feder-al Constitution. Neither cnissr-0n of the e~ldence-, ltowever, 1t ts- mipo:rtant to give a, 1 the ·Senate nor the President has aey ·power to oontl!ol th~ bri~f 011tUne of' the indictment. l • acti·on o-f grand jwi.eS> or in any way to; o-verturn, indictments- 1 1 ' Tml xNbxcT!li:FiN, T Fedeval gFand jury at Great Falls,, 1\-iont.~ earl}' in Ap.ril, recites some legitill\late reason the - indictment should be ,withd:nawn. that Goraon Campbell and his assoeiates .. were engagoo in The legislative braneh of the Government nor eithel" House Montana- i:n . the business of procul'ing,.. by application and by of Cong1·ess should attempt to exercise the power to det&m~11.e, assignment and otherwise; peDmits to pYos:peat :for oil and gas in advance of snch trial, whether the defenuant- is in fact in and upon the public lands· of the United States situate in the guilty, and Us right or power so ta deter:mme is serioUBly State of Montana unde~ th,e laws o:l: the United States -r.elating questioned. Such determination not onl~ encrea.ehes upon the thereto, and that th0lle were pending, before the Department of legal functions of the court but is likely. se ta prejudice pub- the Interior and beJ:ore the General Land Office various pro lic sentiment at the propeE place of tr.ial as ta make it difficult ceedings, · in which the. 'Unitetl States·, was interested, to c;leter and perhaps impossibl-e for either the Government er the de· mine the validity, a~ prio1~ity o;f certain assignments of a fendant to- obtain a fa.ir and impartial jury. Furthermer~ number of such permits in which said Gai;npbell and his asso- ,when a committee of the Senate calls before it, in ~pen · ses.., ciates had or c~imed an interest, andt ,that they were directly sion, all the witnesses Gf the proseGution. and examines them inte1·ested and eoncerned in the fi~al decision, and in any before trial, the defe11dant Senawr is accorded an advantage decision, tbereaften to be made by the Depantment. o~ the Interior to which no other defendant , is entitled under the law, an and the Gene:ral Land Ofti.ce Jn relation. to sru;b. pe,rmits. Tha advantage to- which be1 mereJy because ,he is a, Senator, i~ not, Ipermits involiVed are de~ibed · in the 1.ntlktments .and includ_:., , entitled. . ·1 among others, th.e ~al.led. P,hllip Ml!cQowan and Lewis, .lil. 'Jibe complaint is here- madei th~ the indictment by the- Linceln permits. , . · grand jury was obtained .amd found through improper metives The indictment theD alleges tbati in1 January and Febru.airy~ ·and upE>n evioonee in6Ufficient 1ri law t~ -show probnble· cause 1923, after be had been·elected to1the · Senate, Senator WHEEI.EK fur belief in the guilt et the aecu8ed. .Fn by a ·committee of the .Senate as t&. rendered by him in relation to the p:roeeedin.gs above mentianed. the motlv.es which prompted the prosecution in its beginning, bef 1lnterioir ancl- the ·General Land and the sufficiency of the evidence1 before me grap.d jury to 0:ffiee. It is- :further .ehe.J!ged in the- two -suceeeding eeunts. et sustain it. And yet, it is a mattet of grave doubt whetner the indietment that tll.e · d•f~nd&lilt actually r.eceived from Camp tlte proceeding thus nmWed iS il~ oon'tra-ry to both la~ and bell two pay~nt:s ·of $2,0001 each wt compensation for , such a sound publte polleyJ 1 • • It · 1 ser'Vlices. ., , . , ·• 1 , · ! :.. At tfre otitset Of the committee's' l)r~e\iinlg's~ the cha:irma'l'I. ' I The statute which it is claimed is violated by the faets al ihdicated that "'it intght 1'e w~il to read' fnto 'the :tecord the' Ieged ih tM m'dh!!tlnent! Hf , seetioo 113' o:1! 'it'be OrUninal Code, st:atnte ttrtder whiCh tllis ctia'l'ge .is- ' ttta'~.:~ ;tie then read Iwhich read.s in part as follows:_ . · iht? the t'ecor~ section 1782 of the R~J:sea f:ftatufes-. :rt' dtd' ·~c. 1i3'. \IVJ1C1ever',, Wtng 'ere-ct1et'I ot npf>e>'fnted a' Se°rl«tor, M'emb~ of, not oCC'Or to tne· chairman) no-r r think 'td- the· otliet" m'~s · or t>~t'egtrte td co'ngrel!ll'I · dr'' tI resid@nt n: 1782 W}ltr ~ir1~ · (lle-dt'ron or' a~p'Ofritltu!n1:' ~ttd' 'eittla before or a:fter tie ha§ qu~lf1led, ttrid by the 3;Ct of Congress df :MarcH · 4, 1999, · arld by the' s!1me <1tlrmt ~is ' cont!nua'.riee> ifi o'ffte'eriihtfion 'whatever fdt. Miy fJerv'ie~& rendered Jr:JI3 d1ffer.s rmater~mlly ,from too 1 0ld: 'Statute· and is •.oons1dera~y or, fo' be -reptered' to any tterstln, ~\tl:ter by bimltelt br a!fother, fn rei'a:tidn enla1:ged1 so 8;8' to include Senestors .froni thei 1 time 0f their t'o 11.ny prode'edtng; contritet, 1 'elailri, Coliit:Mversy, eh~e.' aeemtatioti., elect_ion and erther. b~ol'e or after they have actually qualified... f arrest, o"r other tnrtter' ·(Yf . timtg' tn whiett tire' 1]'JUfe& states i\;i a t>arfy $ection 113: ts be:rremafter set forth.. · 1 or' diree'ily or' fu!fl.,i,l.,.+1;t interested; ~~~ a'lly department, • .i .. sha!D In the presenta.ti-On of . ·evidence ~eforre ·;tme t oommittee,, the: 00 ·· o MI ndt ' in'0~ 1 tha'n $11'0,Md wd. Unp'iis<>hed not more th.a~ · twci cufitomary Qrder was reversed, and, eight vptne¥es were IJ.pard yeJrs; and shall, nrore~ei', 1 tlr'er~flt!er tiel inciif;iable ()f holding any who supposedl;v htld, ~een. .sumIUi<>D:ed. at th~ ~tauce of .S~~ om'ce or ~oriot' trnst, ot pro1it 'i1nc:Ja1th-e i Go.v~ihent of th'e Un:Fted ~9.r WHEELE», with the. view. . of :refuting the cha~g:j.J;M in Stateit.' •' ' 'l1! • J 1 •I' 1 • • the indictment and of provmg that Senator WH · wrui' , > .1 ~ , ' , ,, wt 1 0 not guilty thereof. This was not in accord with u.iY ¢o~~p- , 1 '.l:.tUll ?'v~~N¥• ~ p.sE tion of the proper functioo of the com~ttee, .as ab'.ove stated, N-6 question 1Sl made :Lill the Mcond befo-re tbe committee but tended to extend the inqui'ry far beyond any legftlnlate Jfegarding. itfi& foot as: aUeged in the i)ldietmeut that there WEme scope. , Indeed, from my viewpoint, the hearing might · v'ery i,fjending hi the.De_r,artme:nt 1of the lnte11iop eertaiB p:uoceedings properly- ha-ve been entirely t!r parte; tO• det~itlfne &!ltone the relating. to petmits in w.h1cb Camvbell,and Ms associates claimed

Senator WHEELER whereby the latter was employed for a com the permits. He further states in this affidavit that after pensation to be paid him to represent Campbell in connection ·a settlement had been arrived at Campbell said to him that he with these matters in the Interior Department, to warrant the thought he, Rhea, should give him some of the money to pay grand jury in :finding that the statute had been violated. part of Senator WHEELER'S fee, but this was refused. The testimony of the witness, H. C. Glosser, is to the follow ing effect: THID DOCUMENTARY EVIDENCE He testified that he bad been employed by Campbell as With the concurrence of all the members of the committee, private secretary during the period of one year from No the chairman requested the Attorney General to submit copies vember, 1922, to November, 1923; that about January 13, of the documentary . evidence in his possession bearing upon 1923, he was advised that Gordon Campbell was en route the matter under Jnquiry, and in response to this request the from his home in Seattle to Shelby, Mont., and that he was Attorney General sent photostatic copies of a large number of expected to drive to Shelby and meet Mr.· Campbell and drive documents which corroborated the testimony of the witnesses him by automobile into Great Falls, Mont. That Senator Glosser and Rhea. It is unnecessary to encumber this state WHEELER was to be there to meet Campbell. He took Camp ment with the full text of these documents, but all of them are bell to his own residence where Campbell advised him that he significant; in particular, attention is directed to the letter of wanted him to telephone to · W. W. Rhea, the field superin Senator WHEELE.R to Gordon Campbell, dated March 8, 1923. tendent of the Campbell properties, to com·e into Great Falls This letter. is on stationery of the United States Senate and for the purpose of having a conference with Senator WHEELER, contains the following paragraph: whom Campbell said he had employed as his attorney. That I wish that you would have your office send me a detailed report on the ·15th of January, he went to the Rainbow Hotel at of the condition of your permit that we discussed with the Standard Great Falls, at the suggestion of Campbell, and registered Oil Co. of California in order that when I take it up with the De for room 212; went to the Park Hotel where Senator WHEELER partment of the Interior that I will be able to intelligently discuss was stopping, and brought him to the room of the Rainbow the matter. Hotel ; then made another trip to the Park Hotel where Rhea It is perfectly apparent from this letter that Senator had registered, and brought Rhea to the room to which he WHEELER was interested in securing for Campbell some action, had taken Senator WHEELER. He then drove to his own home, the character of which is not disclosed, in regard to the per got Campbell and brought him to this room, where all four mit mentioned in the letter. The explanation made by Sen~tor engaged in a conference lasting an hour or two, during the WHEELER in his testimony is, in my opinion, somewhat vague evening of the day mentioned. At this conference, he testified, and unconvincing, particularly in view of the subsequent tele the principal subject of discussion was the condition of t~e grams and correspondence. Govermn·ent permits held by Gordon Campbell and bis asso A few days following the writing of this letter S~nator ciates. He mentioned particularly the Phil MacGowan permit WHEELER called at the office of Mr. Edwin S. Booth, then which had been transferred by Campbell to Rhea, and which Solicitor of the Interior Department. Now, was it a legitimate permit at that time was supposed to cover the most valuable inference by the grand jury that this visit was in furtherance acreage in the Kevin oil field. He further testified that S€'Ila• of the plan of procedure outlined at the conference in the Rain tor WHEELER advised Campbell and Rhea that they need not bow Hotel at Great Falls and in pursuance of his employment worry over the possibility of the annulment of these permits by Campbell? It is obvious from Booth's testimony and from or of securing the approval of the Department of the Interior that of Senator WHEELER himself that he went to Booth's office to the assignment to Rhea, for the reason that he had ·been for the purpose of discussing Campbell's affairs. This was on elected United States Senator and had sufficient influence March 13, 1923, and there were exchanged between Senator when he reached \.Vashington to see that these matters were WHEELER and Campbell's office at Great Falls six telegrams disposed of to the entire satisfaction of Mr. Rhea . and l\Ir. on t:pe 13th and 14th which can bear but one construction, Campbell. He further stated that Campbell had said at this namely, that Senator WHEELER was interesting himself actively conference that if Senator WHEELER was successful in getting in securing favorable action upon the several permits which Rhea's assignment allowed, he and Rhea could afford to give were in controversy. . The first of these telegrams from Sena Senator WHEELER a big slice. He further stated in his testi tor WHEET-ER requested Campbell to mail at once a complete mony and in bis affidavits, which are a pad of the re~ord, list of· his holdings, giving separate legal description and char that Senator WHEELER made no particular reply to the sug acter of title. On the same day Campbell replied by wire, gestion ma.de by Campbell that he (WHEELER) -should receive acknowledging receipt of Senator WHEELER'S telegram, saying a portion of the· proceeds, but that -Senator WHEELER repeat that the requested information was . being sent, saying that etlly said that there was nothing to worry about, that the Campbell would himself come to Washington to see Senator permits could be fixed up in Washington very easily by him, WHEELER personally,. and also asking bow long Senator and that it was merely a matter of getting the details worked WHEELER was expecting to be there. On the 14th Senator out through the department. · WHEELER answered this telegram, saying: In these affidavits Glosser further asserted that Campbell had previously told him that he had employed Senator WHEELER Leaving Saturday for Europe; have taken your matter up with to "put across " his contested permits before the Interior De parties, writin~ Baldwin; suggest see him . . partment at Washington, and this was the reason for his It is apparent .that when Senator WHEELER made the state agreeing to such a large sum as $10,000 for Senator WHEELER'S ment that he had taken the matter up " with parties " he meant services. that be had taken it up with Solicitor Booth, of the Interior · The testimony of the witness, W. W. Rhea, is to the 'following Department. It ,is noted . that this telegram was · sent and paid ·effect: - for at ordinary commercial rates, as indicated on the face of He corroborates Glosser's testimony in all its details relating the message. If Senator WHEELER had sent it in his official to the meeting of January 15 in :room 212 in the Rainbow capacity as United States Senator, it would have gone at Gov Hotel, and specifica.1)-y states that the conversation related ernment rates and been paid fo~ as such. · principally to the matter of the permits- and assignment~ o.f In response to this telegram and on the same day, namely, permits pending before the Department of the Interior a~ , March 14, Campbell r~pl~ed as follows: · Washington, and that it was frequently said by Senator Please advise when you expect to return; believe matter of Lincoln WHEELER that as soon o.s he arrived at Washington he would permit vitally important. Is it possible you can discuss matter with be able to straighten out all questions relating to. the validity solicitor, nnd I can come to Wash1ngton and discuss matter with him of the permits, and in particular would be able to secure ap with view to satisfactory settlement even during your absence. Feel proval for the assignment to Rhea of the Phil MacGowan per this permit should have prompt attention. Choteau well looking best. mit. He further testified that when it was suggested by Campbell at this conference that in case the assignment to him This telegram again and more emphatically corroborates the was allowed by the department, they could afford to give testimony of Glosser and Rhea, and would indicate to the Senator 'VHEELER a generous slice of the proceeds, he emphati grand jury that Senator WHEELER'S services in Washington in cally declined for the reason that he had employed his own connection with these permits were within the scope of his attorney to look after his interests in the Interior Department. employment. He further stated in an affidavit, which is part of the record Then follows Senator WHEELER'S reply of the same date, as before the committee, that a few days later Campbell informed follows: him that as be was paying Senator WHEELER $10,000 to fix Have already discussed permit with solicitor, but did not have num these permits, Campbell thought that he, Hhea, should pay a ber. Wire that to me and I will arrange to have you see him in small part. of the fee inasmuch as he was interested in one of person if you corue he1·e. . ' !924 CONGRESSIDNAl1 RECORD-SENATE 8863

· Again, on tbe . ~ame day, -OalllPbell .irepli1's to tbis lalst tel& WSiKEJ..EB on t1le other ·wh1.ch 1are perhaps significant in mumi guam, givJini number ,of the permit .requested, and ooncluding- natlng· the nelatiansWp between them. It seems unnecessary, will be glatl to see soUcl-ror, W-ashington, 'S:DY time -convenient. h9wever~ to make further comment Tegartdin.g the documentar1 e~i6enee, with the emeption <>f the .ia.ffidavit of E. M. IEla,rvey, The ,PU.rpo,se and ,effect ef ,t:.bese ,telegrams .is so ielear .tbat who testified at an early stage ~ tIJa.e proceeding11 before the cQIDmoot is \Ulnecessa1:y. It i~ important, ibow.ev.er, i,p bea.r m committee_. -ms ~l ireetitnOR)" 1WU .of no pllrticular .slgeifi wuc.l that by means o,f ,these telegrams .it was arr~d that . co.nee because of the •limttet raa.ge of the questions asked him. while Senator W.H~ shoJJ.1.d ·be ln ;&;uro,Jie, Oaro»l>ell was to The 111!ffidavit in que11t.itm 'ft.s taki!n at Great Falls, Moot.., on come to W.as.hingtcw and ,perscmally :h8J)ld~e tb.e .mtltfieJ!s -Oirectly Alu"ll a 1924, ..an.d !Bets ·forth 1n ccmsidera.bl.e detail the clrcum w.ith Solicitor Booth, and it ~ olwieus that Sellato.r W~ titanoos mrroUDdiug the .employment of Sena.tor WHEELER by J;w.d arranged with .Booth to meet ~bell -.cl rto gi'ie Wm Gordon Oa.mpbeU. Ha.nve-y :was o.ne -Ot the trustees of the Gor more th.an ordinary oonii;ideratiQJil. ·' f the ·C!lefe&s .Solicitor ~ooth (jli~yssi.ng :the .;var.iG>llilS :perm.it$ 'ill wJUch i(Ja.m,p.. m •the tit.lee to :the Bync.'liea.te pr.opertleS was diSCUHed at tll.is .l>ell clai,med a.n in.tei:est. ,Op. that date Booth woote a. .\et.ter.. meeting, and ithat -he 'WtlS a88llred by CallDl)beH. that immediate inaking several ieppies. T~ J.$-tar was adclr-~c!l ta Mir. L~ ·"fl. steps w0wd 1le taken to perfect ithetn He was 'ftu"ther iB ~uJ.ieµ, Helena, ~lont., ~nd .Mr., Ja~ X. ~dw~ . ~µtte, for.med at ft.bat time 8y Campbell t:Mit the firm of Wheeler & );1;9.nt.~ anCil oopies we1·~ ·sent bot4 ,t-0 Mr. Beaqli.eu ,and to iD4r.. Bal'd:win, of Bllttle, had b001l :employed t& •defend a 8U1t for .B~ldwin, 8.Jld anothfil' -OQPY w~ sentt -te ,Senator ;wB.El!lLJm at r~vecshitl, ~d that ct.hat fi1.•1n ·would allO ilttend to the per his Washington offioe. Beau.1ieµ was ®e .of Gfvrop@ell'~ 1attfil.. feet~ 1of .these .C\efeetive titles .m.d •wonld do a:ny and -all neys, .ap.d Baldwin was Sep.a.tor W~'s law p~tner at things neceme.ry w the •pro.teetion of the unit holders in tbe ~tt~. 'l;b\s ~tter mentio~s ~ fact ithat· it was.~~ in syndicate. Harvey· et.ates that 1t was ;Stlpoiated e.t this meet .tJ;i.e presence of ;Mr. Ca~p1*11 r anfl 1 g>iyes .in -gneat 1deita1J. all the ing tha,t the iJ.rm of Wheeler !Jr. BaWwin $1loµld l'eceiv.e e.n ~teps nece~¥J.'Y to be :J:ollowed .ill ~ ori~ to pei'1leet tbe titles. t0 annual sa~ or :i:etainer .of .$10,000, ·div;iped .equally betwOOlil .th~ the permits mentioned, which are six m, nu.:mber1 JnclucUJJ.g s.Yndicate Jln.i;l .Gor.dou Ca.XP,Pbell mdiw1dua.l~y. He states that t>oth the Phil .MacGowan Jl)errnit ood th~ ~ln a>ermit. ~e ob,jec,ted .to .the amm.mt of the salary ~ause he considerd It is .stcang-e, indeed~ th1l.t a ,hig.t.l offieial .of ithe ilnteriQr it excessive, but ;wa,s .in..1).u~d by .t.b.e ~ct that Mr. WHEELEl Depairt;ment should w.rite a leiit-er -of .tblis ,eha·racter all1l tbell ..at had just been elected United · S'tates Senator, and was further the end ,qf it -add ij}e .clause, "Xh.is is ~nJ.,y !ID)' Wilotficia.l view/' initlueneed 'by remairkll made by Senator 'WH!:ELEB bimself. Bllt a ·fa.Lr .inference :foom the w.hole letter 1UltiJta.nce, ·"'You· J:'00'Pl1' '.have a great Wlleeler « Baldwin aad SenatOir 1W~ .Pet:80iWII.l~ as inter~ amount of ivatuable ael'lellge, and if we ean isave juElt -~Be 4(} ested in aJ.l .the .steps taken and .t-o be 1W..ken in perieeting lthe aeres of that for yeu, we have paid our 88.'ary." fji.Ues to tbe&e permiits. lt ·was ~ Senator , W:llll:KLElL •w.BO first It 4s appannt 1'.rom. ttle .entire reeord df this case ·that the enlisted Bootlh's iinte.rest in the matter. ' 6Jl.1ticuiity regar.d:ilng titiles related t0 '-the pennits and the fair . Foll~ing this letter ,to Booth, tilil:e .l!eePTd cOJttai.nls a inumber inference !from Ilarvey"s 'Statement 1-s that Senator WHEELER of letters between Baldwin at Butte and Beaulieu at ,Gr0b.t in the •sta.fument q11oted •we:s Teferri·bg to"fhat •SUbject. This ls Falls, iu -regard to Booth's letter atd also speei:fic iadmow'ledg- a !furU16r and .emphatic" (!Orrobo:ration -0f Rhea aoo Glosser ment by .Bad.dwin to Booth of tOO i·eeeip.t txf •the letter · ~ Apr.il taken .fr.om the 1sm:tement o:f ·an oftlcla1 ef le th.at tbe 'llle.tt&s .bl -Washblg.. eom_pany who •ifl abvlcmsly 'an 1mpart1tl.'l'wttneM. too. relating to ;these .pel!mi.ts ·weire t>ei.ng hundl-ed iifl SeIU.ltor !From the foregoing testitnony '6f Rb.ea and Glosser, together W.a:EELEB'e t1ibeenc.e by his pu1mer' BJildwln :Bild j).js !friend wWh the deeumenta·ry eVidenee, if''Would .. seem cl~ar that the Boqth. . grft'.l'ld Jm.•y at 'G'ree.t Falls was 'juetified ,in ieth'rntng the 1ndict- li,oll:owing this ~11'..cha.nge ·CY! . correspomle~, ~ neoord. ~on- ment•agai.nst Senator WHEELER; a-nd from the view which has ti.Una ~ •number oi ietters -d8!ted May 2, 'from ·Beaulieu. Jto :Boottt~ heretofore ·been· ~xpressed in thlg state~nt • as to the proper each of which inclosed certain tdoeuments relating te tlle ~a. functions -of tlle·committee it is •utinecessary to discuss the tes l"iQUS Jj)ermits, iu oompliav.ce ,.,.iiib specific su"eBtioos 1made by tt~ 'n certain ·smtements bad not by Booth li:n Gordon Campbell's affafi!s,. and the -0ooelusloo been niade 'Or eermln things thad not -occurred. '· · · ' may well lbe dr.a.wn that Sennto.r WIHEFA:am had left behind him · It ts 'With no ~se of plea~ure ·that I )lave felt impell~d to an able representative during Ibis :absence in Ru~o.pe, ' make 1th'is mmority · ~O''t~• . -Oonsultlng my ,own1. inclln1;1.tll>ns t ~ Ma,- ' 4 10ampbeli isent 100 1®"th ia te~am Alid 1a letter would ·rather be in a posttlon to exonetate -than to charge wtth of confirmation in .wh1-ch, ltn. the platnest-:term1t,-Jbe refers 'to ia wrangdoing. 1:t is ioii1y 'from a se11.s~ ~f '(it:rty under the facts 1 prexrious oom~ersation in twhich he ·had o~d a .bribe to 8.IS 'I view 'them 1 u.n~er the law and ·under Olicy Booth, -and specifically .repeating the~- 'This '11.0t 10llly gi'fleS ll'B I •mterpret' them, that ' I e.m bbll.geU to fil~ent :from the a ·fair .indication of Olmpbell's cbaraetiel" ·and h18 .hnslne@s views •af the majority a!l'd am persllftded that I would be tlere methods, but again 1confirms ..and eourooorates •the · testtm()n~ !-Of ldct 1n'· the _perf-0ni:lanee ~f that duty if !Ir dld not as a member Qlm;ser .81Ild . iRne-a, .00 the effect 'that the MacGo.wa.n permit, of ltbe ~otnmittee glive expressioo to this dtfferent view. which was the subject of. the l\1ay 4 letter, .as welll fU» ·or itbe In the face of and rontre.ry to rwbat is believed to be stimcient acmf~1-enee in the iRainoow Hot~, wae ·a matt~r ~ g1;ave- con- eviOOT.lce at leiali!t 1t0 1warnutt: the e.ctlf>n 'Of· the gi:and jury, the cem. Campbell showed ht& IW11ttngness, · ootW'l.tbE!tandlng any majority .lms .specifically -and ·definitely found that Senator agreement to pe:y ftenator W.KE'ELEB '$1.Q~ fol' 1tbe8e <>I' 1!fo-r WHEELl'.R ha-.; not ..coonm1tted any aet In "i'ffile.tlon 'Of 'law. In these aftd other se-rnceg, ito pa.y to iBocith ana te ati:r other doing thllll the majority ha~ encroach-ed :ttpon the funetl:on~ 01. aftiEmding •mdlattnent and a p~ of ja further •to tbe observed that both Booth and _Senator Wtb. Usteaed with lintereirt iand sym~tby m .Ca.mp- jury to try t~ oaete? H<>W can !respect tor the courts be main bell's corrupt offer is evidenced by· his telegram oo Campbell 16'.f tamed if their lNmcie a.re to be tied 8.Jld tbeir freed.Gm of action May 5, and ,by his letter .(j)f ~~a.Y 19, at whlch times Boath had embarrasiled by the 1111twamanted int.erfer.ence of a coordinate le.ft ,the ,Depai:tmen.t -0f tbe .LD.te.ii,or and was ;w;itll :the D~artr br8.11Ch ()f the Gov.ermaent? . The .a.etJioB of rt.he maJority of the :ment of J~tice, but .ap,par,eu~F .h'1.rlllg tP recently .sev.ered Jlls rommittee jn ~ing 'ta a~ as a ,petit .jur11 to 1detername ·the epnnection with tb.e ;rnteriQr rDep~ent .that bis ,intl»en.ce guilt ·or tnnocence i(1/. the -peracm aee.11LMd, without the neces!Ulry ~till obtaJ,ned. o:tderly proceedings and NliiltEaiBU'J ()f a. ·COU.rt of jut.ice t-o .sate- T.here are a nl;lmbe.r of otller lettei:a tin tbe ;record bet.w~ g1111.rd , the l"ights i0f the Q<>-yernment .on the one hand :imd sf. the Campbell on the one hand and .bo.th ,Bal"1win .&liW .Be»ato~ ~fenawit en .t,Jle i<>t:ber is alt()JJ&ther r.ep\lgnaat to Olli' ideas ot 8864 CONGRESSIONAL RECORD-_ SENATE MAY 19

justice. "Equality before the law" is one of the cherished the witnesses subpcenaed came from those with whose views principles of our free institutions; it must not be violated by the Senator from South Dakota is more . in sympathy, from recourse to a proceeding which gives to a United States Sen those who were intereste~ . in securing. all the eviden~e pgssible ator,. when charged with an offense, a privilege not enjoyed by against SENATOR WHEELER. the hurilblest citizen of the land. As chairman of. the committee, . I subprepaed every witness, Senator WHEELER, having been charged by a Federal grand except one, to whom I will refer in a moment, and called for jury with·the violation of a Federal statute, should be remitted every piece of documentary evidence that was suggested by to the proper forum where he will have full opportunity . to friend or foe of Senator WHEELER or that was suggested by explain, den·y, or refute the charges made against him and the Senator from South Dakota. No evidence has been left where the Government likewise, through its counsel, will be out of the hearings, · and anyone who intimates that there accorded the right to pr~sent its case in a lawful and orderly was any' partiality anywhere in the proceeding did not follow way. That forum is the Federal District Court for the State the proceedings of the committee with any degree of fairness. of Montana ; and before a jury duly impaneled and sworn to We called them all. How did we start? We began with try the case according to the law and the evidence. the witness who initiated the making of the contract with Sen Mr. BORAH. Mr. President, I had intended, prior to the ator WHF..EER. Where should we begin to get the facts? Hear coming in of the veto message on the bonus bill, to discuss say testimony? That in my judgment wns the fault of the this matter in full to-day, but as it is understood that we are grand jury or those who had charge of the proceedings. The to take up· the other matter at 2 o'clock I shall con.fine the few men who made the contract, the men who knew the facts, the remarks I have to make to one particular phase of the ques men who were in a position to know what was said and done tion, and the necessity of that is emphasized by the· peculiar when the contract was completed, never were called before the view which th·e Senator from South Dakota [Mr. STERLING] grand jury. As to why I leave to those who had charge of it takes with reference to ·the authority of the committee. The to say, but it was certainly the duty of the committee to begin committee was acting under this resolution : at the sour~e of information, with those who knew the primary That a committee consisting of five 1\Iembers of the Senate be evidence, and we began with the witness who made the con appointed by the President pro . tempore to investigate and l'eport to tract and called every witness who was in a position to know the Senate the facts in relation .to the charges made in a certain any facts concerning it. indictment returned agalDst Senator BURTON K. WHEELER in the So far as Senator WHEELER is concerned. permit me to say United States Dis1:rict Court for the State of :Montana. . here that he did not undertake for a moment by snggestion or otherwise to limit the investigation in any respect whatever. The resolution defining the duties and prescribing the juris When a piece of testimony . was suggested from any source diction of the committee was brief and specific and it author which might be or ·was supposed to be against him, Senator ized us to. report to the Senate the facts in relation to the WHEELER was just as anxious to give the chairman of the com · charges made concerning the indictment. It might have been mittee the means of securing it and the witnesses as he was interesting to the Senate and might have . been interesting to those whom he first suggested. If he has any consciousness all parties who are concerned with reference to the matter of guilt, he certainly did not disclose it in the methods which had the Senator from South Dakota either undertaken to limit he pursued in enabling .the committee to get all the facts from the authority of the committee or to have opposed the resolu whatever source, prejudiced or otherwise, that might come, tion entirely upon the grounds which he has stated to-day. and so we did. The committee was not · authorized to find whether there · Upon to-morrow, if we are. through with the bonus bill, I was probable cause for the .returning of an indictment. The shall take up the witnesses. beginning with the man who made committee was not authorized to delay action until the courts the contract, those who were next in the contract, those who of .l\Iontana should have acted. The committee was specifically were interested in it, and follow it d'own to the end. In my directed to find the facts and report them to the Senate touch opinion I shall be able to show, not by my interpretation of the ing the subject covered by the indictment. Indeed, Mr. Presi evidence, not by a construction placed upon it by reading it as dent, if we had desired to enc1·oach upon the authority of the in the third person, but by reading the evidence itself to the court or if we had in any way ever sought to interfere with Senate, that Senator WHEELER never at any time violated judicial proceedings, w~ would have accomplished that more either the law or the spirit of the statute. · perfectly and completely by following the course suggested Now, I want to call attention to just one witness to show by tile Senator from South Dakota than in any other way. how utterly unfounded, as it seems to me, are the conclusions I would not have sat upon a committee which was author drawn by the Senator from South Dakota. But I digress ized to inquire as to whether a grand jury had probable cause fOr a moment There was one witness, a man by the name of for its action. That, in my judgment, is wholly beyond any Paul, whose name was given to me. I called him over the authority which the Senate· could confer upon any committee. telephone. He is a clerk at a hotel here. He told me that he That does not concern us at all as we sit here. But whether had absolutely no knowledge concerning the matter in any the facts which are the basis of that charge are sufficient to way, shape, or form; that he did not know Gordon Campbell, justify us in saying that the junior Senator from Montana did not know Senator WHEEI..ER, did not know anybody else. , shall or shall not hold his seat in the Senate is a matter the Mr. STERLING. Mr. President-- jurisdiction of which is given to this body and to this body Mr. BORAH. Just wait Mmoment. I concluded that he was alone. E\en if a ju.ry in :Montana should proceed to the trial being called because somebody had .approached him and asked of Senator WHEELER and convict him, this body would still permission . to get a room next to the room where Blair Coan have devolving upon 1t the duty of determining whether or and his coterle of witnesses were staying, for the purpose, pre not Senator WHEELER should retain his seat in this body. If sumably, of spying upon them and listening to them. That a jury in Montana should proceed to acquit him, this body kind of a transaction did not concern me in the least. would still have devolved upon it the duty of determining Mr. STERLING. ·Mr. President, just one word. Mr. Paul whether or not he should sit as a Senator in this body. But or whatever his name was, was not ·called to the stand. I neve; to send a committee of the Senate out to inquire whether or saw him, never had a word with him in my life, and as to what not a grand jury had probable cause for performing its func he :would have testified to I do not know. tion is a duty which no one who understands the obligations Mr. BORAH. I only know what he said to me. and duties of the Senate would ever think of conferring upon Mr. STERLING. His name was given to me. It was known a special committee corning from this body. that the committee might soon adjourn and the investigation be The Senator from South Dakota has referred to the fact ended, and it was suggested to me that that name might be put that some seven or eight witnesses were subprenaed, as he down as one of the witnesses whom we might want to call. I supposes, at the suggestion of Senator WHEELER, and that we never called him. began at the wrong end of the controversy. Instead of in Mr. FLETCHER. I desire to make an inqulry of the Senato~ quiring whether or not the grand jury was justified or had regarding the statement which is published in the National Re probable cause for its action, he complains that we proceeded publican of May 10. George B. Lockwood, secretary of the at once to inquire as to the facts. Now, as a matter of fact, Republican National Committee, on last Monday issued the fol- the first thing which the chairman did after he was appointed lowing statement: · was to send a telegram to the presiding judge of the court in The convincing documentary evidence in the possession of the De Montana asking for · the minutes of the grand jury proceed partment of Justice, within a short distance of the Capitol, has never ings, the names of the witnesses, and the documentary evi even been looked at by the Senate committee engaged in investigating· dence which had gone. before the grand jury. Some of the the case, and little of the oral evidence has reached the public. Wit witnesses were suggested by Senator WHEELER, some of their nesses who admit they know nothing of the facts have been heard in names came from other sources, and from the reply to tfl.e behalf of the defense, while those who do know have been heard in telegram to which I have referred, and the nRmes of some of part only, under- hostile questioning. 1924 CONGRE.SSIONAL RECORD-SENATE 8865

l\Ir. BORAH. My answer to that, Mr. President, ls that, as The CBAIBHAN. Now, state what he said. Of course, your under I said a moment ago, when I was appointed chairman of the standing and somebody else's understanding might be different, you committee I telegraphed immediately to the judge and asked know, so that we would like to have the statement of facts. · him for this documentary evidence. I think we were appointed Mr. RH11A. I can not say that Mr. Campbell said at that particular on the 10th day of ·April, and if that is so the telegram was time that Senator WHlll!Ll!IR was employed, in that much language. sent the next day. I received an answer from ·the judge The CHAIRMAN. Can you recall, so as to be definite as to the conver stating that the documentary evidence had been impounded. sation, what was said in regard to the matter of bis employment at I did not ask for the original evidence, but asked for a copy of that time? Do you recall the conversation? it. I myself do not know of any reason why we should not Mr. RHlllA. Yes, sir. bllve had a copy of the impounded evidence; Had I asked for The CHAIRMAN. N9w, state what was- said in the presence of Mr. the original there might have been a just reason for refusing WHEELER? it, but I asked for a copy, and I did not get the copy. The Mr. RH111A. The main conversation between Mr. Campbell and Mr. judge simply stated that it bad. been impounded,·and he thought WHll»LllR and myself was in regard to ·the Phil M:acGowan permit. Mr, he could not go any further. · Campbell said that Senator WHJDllLJDU, on hi~ arrival in Washington, I came to the conclusion, however, that we would be able would be able to put this permit· through-get it approved. to get practically all the testimony that was in the documents 'The CHAIRMAN. What did Mr. WuEmLJDB say? from other sources, because we had copies of some of the Mr. RH»A. He did not reply anything, except he said that we did not telegrams and some of the.letters. Then, later, on the motion need to worry, that this would all be taken ca.re of when he got back of the Senator from Virginia [Mr. SWANSON], I addressed a here. letter to the Attorney General, asking him if he could secure The CHAIRMAN. Now, this is the same conversation which you say us this documentary evidence. The Attorney. General came Mr. Glosser was pre'Sent at? to see me and stated that he did not have the original evi . Mr. Rall!.A. Yes, sir. dence, that he did· not feel like interfering with the authority The CHAIRMAN. State any further conversation that was had between of the court, but that he had · photostatic copies, which he Mr. WHlillilLllR and Mr. Campbell and yourself .and Mr. WummL»R and would be glad to furnish, and he did so. They. are all in the Mr. Campbell. record, every one of them ; there is nothing left ~mt. . Mr. RH11A. Mr. ·cainpbell and Mr. WH11•Ln talked in regartl to some There is a great deal in the record in that documentary other permits that he had in the Kevin field, but I did not pay a great evidence, ·which, in my opinion, i-s pure hearsay, so far as sight of attention to those, because I was nC>t interested. Sena tor WHEEI,ER is concerned; but it was permitted to. be The CHAIRMAN. Were you interested in the MacGowan permit? put in, because I thought, under all the (!ircumstances, it had Mr. RHlllA. I was, sir. better, perhaps, be ·in the record· for discussion. The CHAIRMAN. To what extent, and how? So, l\Ir. President, all the witnesses have been called, and Mr. RHEA. It belonged to me. ::i.11 the documentary evidence has been secured. It is all here; The CHAIRMAN. It did belong to you? it iR all printed; and it can be had by Senators whenever Mr. RHEA. Yes, sir. they want it. . . . The CHAIRMAN. Did you have any talk with WHllmLmR yourself? I want to read the testimany of l\:lr. Rhea, because he has Mr. RHEA. Not any more than in the presence of Mr. Campbell and bf'.e11 relied upon as the star witness, and seems to be the wit Mr. Glosser, as I have sta.ted. ness upon whose testimony the Senator from South Dakota The CHAIRMAN. YQu ha~ not stated, yet, anything that you said, [Mr. STERLING] bases his argument that there was quite at all. Did you say anything? enonglt to show probable cause· for · the · grand· jury's action. Mr. RHlilA. Yes. ~fr: Rhea testified as follows : The CHAIRMAN. What did you say? Tbe CHAIRMAN. Do you know Senator BURTON K. WHEELER? Mr. RHEA. Gordon Campbell suggested to me that in case Senator ~fr. RHEA. I met him once. · WHElilr.En-well, ·r am getting ahead of myself. I had an offer on this ThP. CHAIRMAN. When was that, Mr. Rhea 'l · permit at that particular time, was dealing with some people in Mr. . RHEA·. About January .15, 1923. . · Colorado as to se111ng, and l\Ir. Ca.mp.bell knew what I was tG. get for 'flle CHAIRMAN. Where was the place of meeting? it-what I was figuring on getting for it. He told me that in case )fr. RHEA. In the Rainbow Hotel, Great Falls, Mont. thut this permit could be gotten through, we should be able to give 'l'he CrrA1aMAN. Who wei·e present? . 1 • Senator WnEELER qqite a good slice of it. I believe that was the Mr. RHEA. 8enator WHEELER, Gordon Campbell, H. C. Glosser, exact language. a.nrl mysel-f- The CHAIRMAN. Was that in the presence of WBllllLER? Upon the morrow I shall compare the testimony of Mr. Mr. RHEA. Yes, sir. Glosser and Mr. Rhea, who both narrated the same conversa The CHAIRMAN. What did WHEELlllR say to that? tion. I ha>e not time to do it to-day- Mr. RHEA. He did not reply, that I remember. The CHAI.RMAN. Was he taking part in the conversation? anositive as to that Mr. RHmA. I believe that was all of it. date. The CHAIRMAN. Did you hear Mr. Glosser testify? The CHAIRMAN. What I am trying ~o find out, Mr. Rhea is what you said, if anything, to WHEELER. :\fr. RHEA. Wen, part of it. I could riot hear much. I was in the back of the room. Mr. RHEA. I did not say anything to Senator WHEIOLER in regard The CHAIRMAN. Is that the date to which he referred, the same to taking any part. · date to . which you are now referring? The CHAIRMAN. Did be say anything to you? Mr. RHDA. Yes, sir.• Mr. RHEA. Yes; he says, "You don't need to worry. On my arrival The CHAIRMAN. And the same conversation? In Washington this will all be taken care of." l\lr. RHEA. ·Yes, sir. The CHAn.nuN. He Bfl:ld that to you instead of to Campbell, did he? 'l'he CHAIRMAN. You may state what, if anything, was said in this Mr. RHEA. He said it to both of us. conversation with reference to any employment of Mr. WHEllLER with The CHAIRMAN. Was it said in response to anything that you said refe1·ence to the business matters of Mr. Campbell. to him? Mr. RHEA. At this particular meeting? Mr. RHEA. Well, I can't say. That ts a long time ago, you know. The CHAIRMAN. Yes; we are just disposing of this meeting now, at A man can't remember just the exact words. this time. The CHAIRMAN. I am trying to get your best recollection, that Mr. RHEA. I can not just state the' exact convers'auon, although it is all. wns un~lerstood that-- Mr. RHEA. You have got it.

LXV-559 8866 OONGRESSIONATI RECORD-SEN~TE }!A.Y 19j ..:...... ~~~__;;;..o.;;;....~~~--.::-~~~~~~~~~~~~~~~-r~~~~~~~-:-~~~~~~~~~----~~~~~~~-- 1 I Tb~ CHAIRMAN. It eeems so. The next conversation that you bad ,., I quote further fr0m page-120-: "With Mr. Wlll:ELlltt was where? The CJIA.mMAN. Very wen. Do you know the name ot the attorney j Mr. RHEA. I haTe never had any. ~Ith whom Mr. Bea~lleh correapondea here ·m Washin~on, or the tinxs' I The CHAntlUAN. That was the Inst! name? . · , Mr. RHllA. Yes. Mr. RHU. r can not telf you. Mr. Beaulieu told me· he was cor- 1 The CHAIRMAN. Did you ever write to Yr. Win:ni:a? responding with some one here, ~d he inaj' have told me at that time. Mr. RBlCA. I did not. That name "Feely,,. sounds familiar. it might not have been him, The CHAIRMAN. Or telegraph him? although it might have been' him. ' " Mr. RHEA. No, sir. . : The CRAIB.MAN. At any rat~. you continued to do bueinesa thi-o~h The CHAIRMAN. Have you any communication from btm? rour attorney, Beaulleu? • · Mr. RHEA. I have not. Mr. RHEA. Absolutely. It was Mr. BeauUeu air the way. The C:a..u:a:u:AN. Did he eTer appear for you a& an attorney in any The CHAIRMAN. And whatever Mr. Beaulieu' did with reference to way? that MacGowan permit, he was acting as your att-orney? Mr. RHEA. He did not. Mr. RHEA. Yes, sir; and I paid him !or doing the work. The CHAIRMAN. Did you ever employ blm tn any way? The CHAIBll.U. .N. That is all. Mr. RHEA. No, sir. · The CHAIRMAK. Did you ever pay him any eompensatton for any Mr. President, construing the Rhea testimony in the most , services rendered? disadvantageous light poSSlole to Mr. WHEELER, what happened? Mr. RHEA. 1 did not; no, sir. Mr. Rhea owned a permit known as the Philip MacGowan per.. The CRAI ..MAN'. Did you enr promise to pay him any1 · 1 mit, which was not Mr~ Campbell's permit at allr One day Mr. Rma. 1 did n()t. in the oftlce of Mr. Campbell, Mr. Campbell made the statement. The CHAIRMAN. Do you know of your own knowledge that Mr. in the presence of WHEEI.Ji:'.& that Mr. WHJU!:LEB had been eleeted WHDLltR appeared before the land ()flee In Montana tn regard to this Senator, and it he coul-d get this thing straightened out we ma.tter? OOUld a.1Tord: to give- hlm a good slice of it. . Mr. WHEELEB Mr. RHEA. 1 do not. made no reply. M-r. Rhea immediately said, " I do ncit want 'l'he ca.uaM.Alf. Do you ban any knowledge of his appea.riDg here Mr. WHEELER j I have an trttorney of my own"; in other words, tn Washingtcm in ngard to it? · u I am not employing Mr. WHBi!:LEL" Mr. WHEELER made no Mr. RHEA. 1 was not tn Waahln.gton. statement in regard to it at ~ but simply, apparently, it be The ClU.mMAN. All you know tn rep.rd to this, then, ao far as _Mr. heal'd it, listened to a conversation between Campbell and WHEELER'S relati,onship to lt ls concerned, is what yon ha.n stated. as Rhea, in which Campbell seemingly wanted him to employ Mr. having taken place there in the R.aiDbow Hotel on the 15th daf of 'VIIEl'-:I..ER and Mr. Rhea says, "I do not want him." January, 1923? There the matter ended. He had his own attorney. The Mr. RHEA. wen, no. evidence shows that M:r. Beaulieu took up the matter through The CH.AIRMAN. Did you have a conversation with WnuLU aa to a Washington attorney; .that the _MaeGowan permit was that? · straightened out through a Washington attorney, and that Mr. Mr. Rau. 1 did not. Rhea paid hts·attomey, Beaulieu; for performing the services; · The CHAIRMAN. 1 am spe~king now with referen.ce to the knowledge and there we have the evide~, M"r. President, ·upon which lt that you ha.Te ot ¥'1'. WHDl!AlR. , lsi claimed that WHEELER pract:lced before the Land OtH.ce at' Mr. RHEA. All I have ls what I talked to Gordon CampbelL Washington. · Mr. STERLING.- Mr. President-- . That relates, I presume, to what the Senator from South The PRESIDING OFFICER (Mr. WADswo:&Tlt.in the chair).; . Dakota states that Campbell fold him. ' · A.gain, on page· 11!5, the Senator from South Dakota [Mr. Does t)le Senato+ from Idaho yield to the Senator from South ' STERt.!NG] interrogating Rhea, asked: Dakota? · Mr"- BORAH. I yield.. . ' ' Senator STllllUJNG. Now, with reference to the contest agalnit your M~ STERLING. It is not understood, and t-h.e -claim never i claim, tire Rhea claim, just what '\\'..as said, as nearly as yQU remember1 has been made, that Mr. WHElBI.Ji:& waa 81 registered attorney · Mr. RHmA. Well, Mr. Campbell told me that Senator WHEELJllR just there, an att()rney of. re.cord, tn the matter of any of t.hsl!e per : befug_ elected to the United States Seuate, that with his illlluepce he mits at all; but the contention ls made that he- 118ed his tn- 1 figured he could get most anything done through' the Land Office that fiuenee, without appearing to be .as of .record au attorney :for he wanted. anybody. That was not necessary. Senator STERLING. Was that, now, said during this conversation? Mr. BORAH. Mr. Presiden~ every western Senator, partic· Mr. RHEA. Yes. ularly, goes to the Land Ofllce and to the Interior Department' Senator STERLING. And tn the ptesence of Mr, WHEELER? almost every day of every week of the year. We go there for the Mr. RHEA.. Yes. purpose of having matters straightened out, If we can, for our. Senator STERLING. And what reply, if any-, did Mr. WHEELJli& make constituents. When 1 came· here, 79 per cent of my State was to that? under the domination ot the Federal G<>vernment. We were Mr. RHmA. Not a.ny, that I heard. practica.lly a colony; and ever,' cftizen who comes ln contact Senator STERLING. Was anything said there a.bout a.ny compensation with the Federal Government telegraphs to his Senator 01" \ to be paid Mr. WHEELER .for a.~Ing to the matter ot this conte.st, Representative. There lg no law npon the ·statute books which or fn the event of hts success? prevents any man from doing that. The only erlme that ts' Mr. RHmA. Yes. defined in the statute ls the agreement to s,ccept payment for Senator STERLING. What? ft, ()!" the acceptance of payment tor 'it. This testimony or Mr. }4:r .. RHEA. Mr. Campbell ~id to nie that if this permit was put Rhea shows that Mr. WHEELER never had any agreement to through, and if we got through with the dea.~ which was then pending, aceept payment; ·never· aceepted payment, never was employed, we could afford to give Senator WHlllELE& quite a good slice out of it. and never asked to go befo:re the Land Office; and that is the Senator STERLING. And Mr. WHEJDLER heard thnt statement? testimony upon which they propose to convict Mr. WHEELER •Mr. RHEA. lie must have. He was sitting within 2 o-r 8 feet of us. of pritcttcing before the department. . Senator STERLING. And what reply, 1t any, did h~ make? Mr. STERLING. I .just wish to say, Mr. President, if the Mr. RHEA. Not RDf. Senator will permit an interruption, that that ls not all of the I quote further from page 119: testimony by any means. Reliance ls not bad, so far as that The CHAm:MAN. Do you know whether Mr. Beaulleu t0-0k this mat~ · is concerned, upon the testimony of Mr. Rhea alone · UPon that of the MacGowan permit up with a ma.n by the na.me of Feely here in particular point. · . 1 Mr. BORAH. I call attention to Mr. Rhea because he IS' Wa&hblgton altogether the most direct witness, and apparently the one upon That is the permit which they were .dlseusslng- whom they rely. To-morrow I shall dlseuss Mr. Gtosser's testl- Mr. RHEA. wen, after Mr.-1et me see. He took it up with some mony,. which is even more flimsy than that ot Mr. I?hea. one. He had some one here that he was corresp()nding wtth in reg.a.rd Now, Mr. President, just a word more, and I am not going · to them. to detain the Senate t~day. I only read that to show what ~ senator CARA.WAY. What was the name of your permit, Mr. Rhea? . a difference it makes When you read the testimony yourselt· Ml". ltHrA. The Phillp MacGowan penntt. and when you hear a construction piaced upon it by some one The CHAlll.MAN. The Philfp MacGowan permit? else. .,1 :Mr. ltRRA. Yeg, sfr. I read~ Mr. }?resident, the testimony of Governor Spry, at The CHAIRMAN. Do you recall the number of that permit? page 71 of the' tecord.· Governor Spry ts the dommlssloner o~ Mr. RHEA. l cl-0 not; no, sir. the Land Office, and I pause to say, MI'. President, tha~ 1924 OONGRESSION AL RECORD-SENATE 8867

Governor Spry is a pretty strong partisan, but all who know Upon page 74, I read the following testimony: him know that neither partisanship nor anything else would The CHAIRMAN. Governor, will your records disclose in all instances induce him to color his testimony in the slightest. He has in which parties appeared before your department, in regard to nny been twice governor of his State, and is a man of commanding contre>verted matter, as atte>rneys? · character and unquestioned integrity. To-morrow, when I SPR°t, Yes ; 1 Commissioner every - attorney notes his appearance, or come to discuss this question, if I reach it to-morrow, I shall bis appearance ls noted upon the record-the individual record. Iask the Senate to consider the fact that the distinterested The CHAIRJ\UN. If a party should appear in the capacity of an witnesses, the witnesses who can have no interest in this mat attorney before your department with reference to any matter, either . ter, the men who stand separate and apart either from preju he would cause himself to be recorded or you would make a note dice or bias for one reason or another, may be taken of them- of it? 1 selves and alone, and Mr. WHEELER could rest~is case abso- Commissioner SPRY. He would cause it himself to be recorded and lutely upon their testimony. tt would be recorded upon the case, so that as te> any future action Mr. Spry testified as follows: that might be taken the attorney could be notified direct from the The CHAIRMAN. When did you first meet Senator WHl!lllLlDR? office. Commissioner SPnY. It was in the spring, as I remember it, of 1923. The CHAIRMAN. Have you caused your records to be searched or The CHAIRMAN. Where? · surveyed to see whether or not Mr. WHEELJll& had ever appeared as Commissioner SPRY. In my office. attorney in any way before your department? The CnAIRMAN. In whose company? Commissioner SPRY. I do not know that we have gone into the Commissioner SPRY. Solicitor Booth, of the Interior Department. matter specifically on Mr. WHEELER'S account. I think not. The CHAIRMA~. Did you have any conversation at that time with The CHAIRMAN. If you, before these hearings close--which I Senator WHEELER? trust will not be long-can have that matter ascertained and if Commissioner Spn.Y. Just a brief conversation. you find there ls .any communication on the record at any place wltb The CHAIRMAN. Did it relate to any business matters before the reference to his appearing at any time, will Inform us, we will be department? obliged. Commissioner SPRY. Only in this way, Senator: After some pleas Commissioner SPRY. Certainly. antry that we exchanged, ru; I remember it, Mr. Booth sald--or, after I had tendered the services of the bureau to Senator WHEELJJR, as I Later, Governor Spry sent in this letter, a single paragraph '. would to any other Senator, Mr. Booth made the remark-that Senator of which I will read : WHEELER was interested in a certain case of one Gordon Campbell. DEPARTMENT OF THJ!I INTERIOR, The Senator replied and said that his interest was only to the extent COMMISSIONER OF THJll 0&.'iERA.I. LA.ND 0FFICl!I, of seeing that Gordon Campbell got proper treatment and a fair deal. WaaMngton, April 30, 19!4. I assured him that that would be accorded him, as we accorded to Hon. WILLIAM E. BORAH, everybody else. That is the extent of the conversation. I do not United States Senate. think either one of the gentlemen stayed long enough to be seated. MY DIDAR SENATOR: Pursuant to my promise to you a few days ago, The CHAIRMAN. Did you afterwards meet Senator WHEl>LER? I have to advise you that a search of the records of this office falls to Commissioner SPRY. I have met him incidentally once or twice e:ince disclose any appearance as attorney in public-land cases in the name then. of Hon. BURTON K. WHEELER. . The CHAIRMAN. Is that the only appearance that Senator WHEELllR has ever made in your department? Then the letter proceeds to discuss other subjects. Commissioner SPRY. No; the Senator has been there once or twice Mr. President, without taking too much of the time to-day, I since, in the Land Office. I do not know about the department. will state that in the first part of January and February, 1923, I have had some correspondence, of course, with the Senator, as I l\Ir. WHEELER was employed by Gordon Campbell to look after do with all Senators and Representatives. a large · amount of litigation in the State of Montana, some 19 The CHAIRMAN. Has the Senator ever appeared in the department or 20 lawsuits. At one time, I believe they stated, he had as before you or in your office with ·reference to any of these contro high as 40 lawsuits. He was developing ~n oil field, and every versies with reference 'to these permits that have been referred to, western Senator knows that when a mining region or an oil that you know of? field is discovered, it never amounts to anything until it gets Commissioner SPRY. I do not remember any controversy that the thoroughly into litigation. They had some SO or 40 lawsuits at Senator has interested himself in. one time, 19 or 20 of importance. Mr. Campbell desired to em The CHAIRMAN. Is there anythi.ng further, Commissioner Spry, that ploy Mr. WHEELER. We will disclose by testimony, which in you could state that would throw any light upon the relationship, of my judgment ls not interested, that when they went to employ your knowledge, of Senator WHBJJLER to any business matters before Mr. WHEEU:B he told them that he would attend to no matters your department? except those which related to the lltigation in Montana ; that Commissioner SPRY. No, sir; so far as I know the Senator has Mr. Gordon Oampbell had another attorney, his regular at interested him.self only as to his constituents. torney-he might be called his office attorney-by the name of Senator CARAWAY. That is common with all the Senatore, is it not? Beaulieu; that Mr. Beaulieu attended to the permit titles, anll Commissioner SPRY. Yes, sir. to the questions which related to the titles ; that that was par Senator CAnAWAY. His appearance has been nothing different from ticularly, apparently, his business as his attorney, although he that of any other Senator? took part in other matters ; and that Mr. WHEELER did appear Commissioner SrnY. Simply in the interests of their constituents. in this State litigation. The Senator from South Dakota [l\Ir. STERLING] then asked When Mr. WHEELER came on here to Washington it is true that he called upon Mr. Booth, the details of which I will go some quest~ons: into to-morrow; but Mr. Beaulieu took up all these permits with Senator STERLING. Did you have any correspondence with him reJa a Mr. Feely, a Washington land attorney, and the entire matter tlve to any of these permits at all that are referred to? was straightened out and dealt with between Mr. Beaulieu and Commissioner SPRY. Not that I recall. l\Ir. Feely, and both Mr. Beaulieu and Mr. Feely-certainly Senator STERLr:so. You say that the Gordon Campbell business was men who would have no occasion to warp their testimony-testi mentioned when you first saw Mr. Wheeler? fied that Mr. WHEELER never was consulted in regard to the Commissioner SPRY. Yes. . land titles here in Washington, or before the Lancl Office, and Senator STERLING. Wben he was introduced to you? that he was not advised with, and had nothing whatever to do Commissioner SPRY. Yes. with them. Senator STERLING. And that he expressed himself as interested in Mr. President, to my mind this record is perfectly clear Mi·. Campbell, and expressed the hope that he would have fair treat· and unimpeachable upon the proposition that Mr. WHEELER was ment? employed in good faith to attend to matters of litigation in Commissioner SPRY. Yee, sir. the State of Montana; that he with care and caution pursued Senator STERLING. And you assmecl him that he would have fair that course, and that matters which he could not properly treatment? attend to by reason Qf the statute were from the first eschewed, Commissioner SPRY. Yes. disregarded, and denied ; that they were turned over to land Senator CARAWAY. Let me ask you this: He would have gotten attorneys; that the land attorneys attended to them; and, as the same treatment if Mr. WHEELER had not made that statement? we said in our report, that he observed not only the letter Commissioner SPRY. Oh, yes ; those things come in the natural but the spirit of the law. course of business. Mr. STERLING. Mr. President, just one word. Senator CARAWAY. Certainly; it is just like saying at the close of I shall perhaps have something to say after the ·senator from a letter, " Sincerely yours "? Idaho has presented the case more at length, as he proposes Commissioner SPRY. Yes, sir. to do, but I want to read just a little bit further from the CONGRESSIONAL RECORD-SENA.TE }{AY 19 testimony of Goveraor Spry, because lt ls signUlcant; and the the executive meetings. I hope ~ .will do it, and when de does Senator from ldal;.\o, having put into the REco.B.D much of Gov it I purpose to do it also. There was no eTiden_ce as to that, ernor Spry's testimony, l think it is fitting that this excerpt no evidence was offered, none was asked for, and the Senator also should go into the RECORD. knew be had not directed his inquiry to that question. He Imn1ediately following the last question asked Governor .knew there was not a line of evidence along that line. He Spry by the chairman o:i: the committee I asked him as follows : knew that the committee had no power to make such e.ninquiry. · Senator BURLING. Governor, there might be correspondence with and that was the first time he ever suggested that he wu ' othft'S in the land office, in the bureau there. between beads of divi going to discuss that theory. · sions of the bureau and eome one outside, that you would not .know Mr. STERLING.. Did not the tempore to tnvesti~ate a.11.d report mittee and was testifying, and the Senator ·from South Dakota, to the Senate the facts in relation to the charges lllAlie in a. certal.P who acted as if he thought he was employed on the other indictment returned against Senator BuBTON K. WmLim in the United side-I do not say be was, but I say he acted a$ if }Je wer~ States district court for the State of Montan.a. - was heckling him as you would heckle a witness in a police Everyone, whether be is lawyer or layman, knows that court,. and reading from a document. the only question under that resolution was whether Mr. Mr. STERLING. From what page is the Senator reading? WHEEL.EB was guilty of an offenee; not whether the grand jury Mr. GAR.AWAY .. I am going to read on page 55. Ot conr!e, in Montana had been imposed upon by the Republican National I presume after a while tbe Senator will state that the reco.rd Oommlttee. No man could go on that committee with any d~ not- recite the facts. W,e were talking about Rhea: other idea in view than of passing upon that question, and I Senator STERLING, He got that assignment from Mr. Campbell, did want to say-and the record will bear me out-that from be he not? ginning to end that was the only question inquired Into. For Mr. BEAULIEU. I do not rememb~r that he did. the Senator from South Dakota now to contend that that was 15enator STERLING. Do you know whether there was more than one not a proper question, and was not a question upon whf«:h assignment o! that M.acGowan lease? the committee was to repo?'4 is going outside of the record Mr. BEAULIEU. I do not know. for a statement, because, whatever he may say to tbe con Senator Sftlll,UllQ:. By Mr. Campbell? trary, he knew that was the only question he was empowered l'ttr. BEAULIJ:U. 1 do not know whether Mr. Campbell ever made an to inquire into; and it he did not mean to do it,. he should assignment of it or not. have then said, "I will not accept an appointment as a mem Senator STllRLlNG. You do JU>t know whether he made aQ assign ber of that committee," because that was the only question ment? he had been directed to investigate. Mr. BmAULllllU. I do not know. I do not remember. To show that he knew it, and tbnt this other ls an after Senator STERLING. ;Might tbere have been an assignment and you thought, every page of the record shows that ~ evidence was directed to that one purpose and that one purpose only, not know of it? and the Senator from South Dakota never undertook to pro Incidentally, that " might there not have been something you pose the theory which be now presents to the Senate, that did not hear " was the way the Senat<>1' was trying to convict we were inquiring into whether the grand jury bad probable some one, in the testimony, of doing something-that some one cause for indicting Sena.tor WHEELEB. · might have written a letter to the department whleh Governor :Mr. STERLING. Mr. President-- Spry did not know about. Mr. CARAWAY. I yield. . Who ever heard, in a civilized country, of putting on the Mr. STERLING. Did I not state at the executive meeting defendant the burden of proving a negative, to prove that he of the committee that that was the theory on which I thought did not write a Jetter, that somebody might have gotten a letter the committee should consider this case before making its that nobody ever heard of? Yet tht1t is as fair as he was from report? the beginning to the end of this whole controversy. Mr. CA.RA WAY. Oh, yes; after the• evidence was all in, after the case was concluded, for the first time the Senator Mr. B~ULIEU. I do not know. I do. not remember. from South Dakota said, " I do not want to report on that Senator STERLING. Might there have been an assignment, and you question." If the Senator wants to go into what occurred _in .not know of it? 1924 CONGRESSIONAL RECOBD-S'.EN ATE 8869

Why should you agk a witness- that?· Ot e<>une, tf he- did not. Now, then, Ji hope the Senate~ · has read! it. Tha.t is. whati know about it, he could not testify about it. Everybody. lmow!J' omunred., Tht sat ioom ~· Wiitlr. tb.e information funnished by that but the- Senator from. South. Dakota,. and he evidmltl1' somebody inmrested in· thlSt case, withheld· it fromi tbe com never suspeeted it:. mittee, and asked questidn& about i~ Mr. BE.A.UDIEU. There Jniglit have been. Of course, I am not the keeper of the Sena.tor's course o! conduct. He can disclose his- own chars.ct.er· by hilt own acts,_ Of course,, ev.erybody knows- the.re might have l5een something. and whatever pleases- htm1pleases. nobody &lse but him, l\.Iaybe the Senator kn.ows, but he has not told ; l do not know. There are a lot of' inte:restiit~ things in this record; Mr. Presi Senaror STBRLING. Do you know anything about a letter written1 by dent, which I never expected to discuss, but since· now· it has Mr. Booth ot the land· oftice to WHEELD: and Baldwin, giytng a list! Gt' become a matter of :mora or less public- information· and public nine claims ot. Gordon CampbeU Kevin Syndicaoo NG, 1!. nDd giving a cuci.osity,, I- am going to discuss it in iul:4 and· Ul the· Senator description. of each permit, a.nd what should. be done to' etraJghtl'n. ma~ wants to1 go into- the qu.estlon of J)l:Obable-1cause._ and· who· fnn ters out at tbe land' office.? nished. the probabiei aause,.. and the conspiracy, and' who' were ,,,. The CHAIRllltAcN. Mr. STBRLING, lf you have that letter, we think it the· conspiratior,s" .and who· we!:e: the helpers and aid.ens. and ought to be p1·oducad. abettx>:rs of it, I am g-oing: to gim.tify his desim 001 bis heart's content.. · Eveeybody. knows that except the Senator from South Dakota. Tilil'I!' ON B'U'Dl'EB mlle Senator from South Dakota said: Mr. JOHNSON ted.; ~d • remember., naming so.me perml.tiS; but l would ~~t sa:y, _'witbout seeing- Whereas, with thEl sa.n.ction and ' approval· · ~ the iiresldent of th~ it,, wh~t!M!:t it was address¢ to them, or to whom it was addressed. 'Q'nlte.d St~tes, µ ettort 1s ~eing made to tman~e a./>,d, ~ro.mote th-eljdn It is possible it was. I do not ~ememper. i tke further develo~ment of. .the dairy industry;.. and · i>'

Senator CAaavA.Y •. You did.. no:t rec;ei'ye it? , , • Whereas during, the m.ontlul pf Ja,nu,ar;y.1 lll)(f: :F"awuary, 19.24, ~utte.i: Mr. BUULIEU. ~may haye receive.d. a 'copy of. it. lf4S imported., ill.to the U11-lte you? ~lmost one-half of thEl total lmportaticm~ for tbe y~ar. . 1923.. ~D4 tlle Mr. B.mAuLJEU, I do not think it was., Now,, r mtg.lit be wrong, on, h.tgheat monthlJ average eve~ record~, i:esuUin~ 1n.. a. ;rat>id declli:ie 9( that. I do not thini 1t was. , ' tbe prlc.e of thp.t AQmmocUcy, p.n the New 'f~k ~et: Uflt.il, it, oow Senator SURLING. But. you r-emembei: ha:vi~g lieard somethl~ anout: co.mmands a prlce Ut.tle. it. atcy abov.e the co.st of P,rod\lqj.op; '.0,1.ere!Are such a letter 'l ' Ibe it " 'Beaird' about it"; nntr that he saw it, not that be knows Reaol-ved. Tha.t Ul~ Unit:,ed, State" '.I:.adtr Co~mlssio.n be,. ~d . it he~flPY, what its contents a:re, .-bu.b u Yoo remember h"-Jrin& some whJ.e.. 18• l'eQue,sted, fort.b,,'T1lli. to i.nsti1iuP~ a.n inquiry under tlle pr()vi,s11UU1 ot peu somewhere on the etreebab0'1t llUdl a. letter? 'f 1 , section 315 of the act JlP.DWv:ed· Sep~ber 21,. ~. c~nce~~ . th~ cQSt ot the prontJction, o~ butt~;i; in the Unu,.d: Shi.tell and in tho,a-. 1 Mr. BmAULI»U. Yes;, r, do. ' i • • aountties from· whi.cq oµr- iJµporlatiD.r;i.s tba~~o.f coQle,. and te i;epo.Jtt ita Sel').ator. ST.lilBLING. Do you know anythiDg ot a letter wt1.tten bf Mr. findinp to the Pre~dent Qf t~ r United ~tat~ witll.. a ' view to the in Campbell fu which be suggested· that ha would qve the lease ~gilts . to ~se in uie, duty· on imppi:tJ!l g_( b-qttef sb.o.uld. au~ ~~ b~ w.ar- 40 acxes of the land,. worth fZ6,00Q-- ra.atedr by the f$cts 1foqndJ , 1 , That fl!OJ'.!1 8: m1:11 wlw loves· competent 'evt®nce.- A!l!ENDJlll:EN1l OJI INTEB&rATll COMlCZBCllt Am! The CB>AIBlll'AN. Wkft! ai moment. You are a11kmg1 ft>r the contents The- PR~IDINQ OFFICER. 1'he hour, ot Z o'cioek h~n~ of' a letteir! ' arri'vec'l the . Qhair lays before the S~t~ -the untJ'nls~ed Q'QSL s~nator BTllRLIN~. I- am deseriblng the fetter. · 1 a:m; ehara:cterizfug ness, Senate bill 2327. .' the letter. 1 The Senate. as.. in. Com.m.U:tee of the, W.hole. r.e~umed. tbe ~n~ sfderatfon, of the blll ( S 2327)' to lUllen~ aectlon, 4 ot tpe, iµter• When a man at one time reads Iaw and, ls exrunrned. amt has 1 ai license ta pract!Ce law he knows that rt he has a letter he state commerce act. . ' ought to produce it- You would not try a nigger for selling The PRESIDING OFFICER. The pending. question is on whisky and lloLQ. a, Tetter and ask him ,if. he bad not written the amendl:nent submitteq by the Senator from · I~ho (Mr sneh a Letter or had not heard about such a letter. The. Sen GOODING J to the amendment i:eported. by the. Committee on. a tor said, "I am cbaracterl2Ung the Jetter~~ He was character Interstate Commerce.. izing more than a Tetter. . I contlrme reading.: · ADJUS'rED CO:MPBNSA.1'ION-VE%0' MJ:&S..lGE The CHAIIUlifAN~ You are a'Sklng for- the ¢Olltents of a lettier, and I Mr. CURTIS. Mr. Presi-dent,. l ask unanimous consent that inslst that tllat letter be produced, if' you have it.; and+ ao flUl u L t~ unftilished•'bm:iiness be temporarily Iahl' a.si'de. I· will' . ~tate am concerned; as: a.. member of thiS committ.ee1 I am not going te :per- that F make this- request for- the purpose of calling up th~ ntlt prima.ry evidence to be prodwted· in thle way. Yoo ask: for the veto message of tlte President o:f the Bnited' States on the ad1. contents of a letter. You evidently ha'Te the letter, or· yctu. wouldl uot jm;ted compensatiQn bill: I do not think t~ re(ftlest is neces 0 !mow what the contents of it 1.N. sary, and if it is trot granted I sh-alt then ask for the considera.. Senator ~All.AWAY. r W-O\Tld suggest! tllat wheni &n)9 member et this tlon ot the bill and veto message under the rule. committee is turnlshed anything, it ought to be- fumiish!ect ·to the whole The PRESIDING OFFICER. Is thet'e' objection t<) the re-. committee. It any lnfbrmatlon is furnhhed to any· member ef. 1:he qnest of tlie Senator- from Kansas?· eommltllee, the whole committee must have tt. ' Mr: REED of Pennsylvania. Mr. PresHlent, I ask the Sena Senator· STBnLING. F have not seen· any sue?L Tutte~. tor to "Withhol'd' his request for a ID6ment tiecause r would. like Senator CA.RAWAY. Thoe Senator llas a. memonnd\tm. Wol!ddJ he mind fu submit a request for una.nill'lQns con.Sent that the dlsposi producing that? Uon of the veto message on the bonus bnI go over nntll SatuP As the Se~ate will see, he was there read~g from so:r;ne day of tMs week. The matter was sug~s-ted on last' S-atnrdaT paper :furnished by somebody, ot which he got possession and two Senators objected, but both of them· tell me now that somehow. I read further: they can anange. H and that that date wtn be satisfactory to them. Senator STERLING. I have a memorandum of sueh1 a letter:. 1 Mu. ASHURST. l\Ir. FresidentJ, to saV-e• debate I willl object Sena.tor CABAW..A.Y. Wouid y!JUI nllJl1i famishing it ,fo us? to that request. Ji object to any da:y other than to-dfty. Senator 8'1.'ERLING. N.o, I shall mincil 111ndng wllo- lfm::nl81e-<) it to- me1 The PlltESIDING OFF1e:l'.IDR. Objection is made tOI the1 !'& of aolllT8e. That ts BOt material• te> thlir inqub'y--as tQ w.ha ftlJ.'D:is.ted quest ot the Senator from Pennsyl\lmiai. Is there objeetiow ~ thu memorandum. to tempomrily lwy.ing aside:. tMi unfinlshed busineM. for ~ 8870 CONGRESSIONAL RECORD-SENATE MAY 19·.

purpose stated by the Senator from Kansas? The Chair hears penditure has but one purpose-that its benefits may accrue none. The Chair lays before the Senate the message from the to the whole people .in the form of reduction in taxes. I can President of the United States which will be read. not recede from this purpose. I am for the interests of the The reading clerk read the message as follows : whole people. The expenditures proposed in this bill are . against the interests of the whole people. I do not believe To the House of Representatives: they are for the. benefit of the veterans. Herewith is returned, without approval, H. R. 7959, a bill The running. expenses of the Government for services and " to provide adjusted compensation for veterans of the World supplies must be met. Certain other obligations in the nature War, and for other purposes." of investments for improvements and buildings are necessary The bill provides a bonus for the veterans of the World War and often result in a saving. The debts of the Nation must and dependents of those who fell. To certain of its bene be paid. The sum of all these is a tremendous amount. At ficiaries, whose maximum benefits do not exceed $50, this bonus the present rate it is nearly $35 for each resident of our coun is to be paid immediately in cash. To each of its beneficiaries try, or $175 for each average family every year, and must be who are not to receive such immediate cash payments there is for some th;ne. This bill calls for a further expenditure in to be provided free insurance under a 20-year endowment plan. the aggregate of nearly $35 ·for each inhabitant and lays The face value of each policy will be based upon the military nearly $175 more on each family, to be spread over a. period of service, the average amount being at least $962, payable at the 20 years. No one supposes the effort will stop here. Already expiration of 20 years or at death prior thereto. After the suggestions are made for a cash bonus in addition, to be paid lapse of two years the holder of a policy may borrow thereon at once. Such action logically would be encouraged if this from banks at reasonable rates of interest. If amounts so bor bill becomes law. Neither the rich nor the profiteers will rowed are not repaid by the veteran, the Government is obli meet this expense. All of this enormous sum has to be earned gated to pay to the banks this indebtedness, which ultimately by the people of this country through their toil. It is taken reduces the maturity value of the policy. from the returns of their production. They must earn it ; they An appropriation of $146,000,000 for the fiscal year 1925 will must pay it. The people of this country ought not to be re be required to provide the prorated annual cost of the insurance quired by their Government to bear any such additional and to meet cash payments to those not receiving such insur burden. They are not deserving of any such treatment. Our ance. This does not include administrative .costs, which will business is not to impose upon them but to protect them. amount to approximately $6,500,000 the first year. For the If this bill be consi~OORD:.-.gENATB 88'i1

mcrt:tve. -Oar ·veterans as a wh-01e Tesponded to that mMive. m7t pUent · too.1s ln the Pre!l~ .haBl!s, but that :e~cy 'one ·trber, are not asking as a whole, they do not want as a whme, ~ tbem is .... ~lJ:ery mdl ll. 'lhan." 1mY money recompense. "ThOl!e 'Who do seek 11. mo~ ·recom 'The !PRESIDENT fllQ terlipare. The qaestion ls, Shall the pense 'far the most part; 'Of cdm'Se, preter -an immedlate ·ea.sh blll pass, the objections of the ~ to the rontr~ nnt payment. We must either 11.b1mdan UUT the~ -0f patrlo'timn 'Withsta!l'.dinga Upon tBa.t tqW!Bltion the Secretary ·will eall the or apandon this bin. Patriotism wliieh bl 'booght and paid 'for roll . 1s not patriotism. Our country '1rU maintained the · principle ~ reading elem p~ te aa.n the roll. that'·onr ·Government iB estab11sh-ed 'for something 'higher 1mtlr 'most cheril!hed .Ameri that .-the S6Dator from Indiana {Mr. W AXSON] ls unavoidably can ideals. 'l'he Jiropercy of the peo_p':l.e belongs to the people. absent, but that if present, he 1would vote"' yea.•• To take it from thein by 'taxation can not be justified 'eUept Mr. ROBINSON. The Sena.tor from Missourl tMr. REEDl by -Cu:gent Pllb'llc necessity. Unless this prbiclple be -recosruzed and the Senator from Kentucky [Mr. 'STANLEY] are necessali].y our country is no longer secure; onr people no longer tree. absent. It they were present, they -would vote "4 yea." This bill would condemn those who are weak to turn over a I filso desire to announce that the -Semrtar 'ttom 'Oklahoma pa'rt Of their earnings to those 'wJ:ro aTe zstrorrg. Our country tMr. Own], it present, would vote "yea." - can not alfurd it. The veterans as a whole ' do 'not waht it. I desire further to announce that the senior Senator from All our American prJnci_ples ·are oppo"Seet to it. 'There ls no Mississippi [Mr. HAntsoN] and the junior Senatw from Mis mora1 jus,tlfi.cation for ~t. sissippi '[Mr. STEPHENS] 8.Te lieeessll11.ly absent. They are 0.ALVIN ·OOOLIDGE. paired mth tbe Senator from iiouistamt {Mr; ti~sDELY,]. If THE WHITE HOUSE, M<4Y 15, 19!4. they were present, the Senator from LouisH1na {Mr. ltANSDELL] l\Ir. CURTIS. Mr. President, l'. think Senators 'have their would vote _, nay " and the two Senamrs from Mi!!!MSS'ippl minds ma.de ~ .as to .how they .intend to 'Vot~ on th.ls ,question, would vote " yea." 1 and, .so far ..as I am concerned. I do not intend to t.ruffi ~ any Mr. GERRY.. I wish to a.nooerrce •tllat the Sena.Wr from time Lu discussln.g the veto µieSsage, .and .am .ready for a' vote. l\..I.assaehu:setts [Mr. WALSH], if present, would vote "yea." I :rtk ROBWSON. .M:t. President, I know of no reason why wish further to announce that he is on a t.l'.aia returniag from the vote should .not be immed!atelf taken. keeping .an .engagement ill his home .State yesterday. He ex Mr. NEELY. Mr. President,, I arise to submlt a question of pected the debate would lea,d to a vote ll~ beiug .reachej. until day. privilege. I wish to read for the lllf.pr:q;iation of~ Senate an a l11ter hour in the article of extraordinary prominence which appears in this l\tr. CURTIS.. I w.s; YEA.S---"H -lSONU8 ABTOCA:'l.'il.18, KJIEP YOml mE n .Ashurst Fess Kendrick Robhlsoa Pr-0paganMffts for ffleCt\on -of the Nldklr 'boB1?8 bill are ooncentNlt Brandegee Fletcher Ladd Sbeppard ing their etTorts on 10 Republlce.n '8en«tol"8 Whe wted for t1"! meatm'te Brookhart Fnrzl~:r Le11root 'Shipsteaa Bmossard GeGrce \Lodgie ' tu1d were report-eonus, keep Shmtiidge .BMSlllll -Oen::y .McK-eHar Simmons you't'" eye on ttle8e 'Senators t<> see l>.ow they rvcrt~ -on the tmati toJ.11 can : Cameron .Gooding McLean Smith Fmse, Ohl"; WAliRBN, Wyoming; U.&.u:HolJ, AriMna; COilr, Rhode 'Capper Hale McNary 'Spencei lijland; Er.KINI:!, West Vlrg'inia ;· K11TI>S, New Hampsld!te·; "McL•l.N, CRl'flWRY Batteld Mayfield. Stllnfteld !Coj)e.l.tl.nd llarris Neel.y ,/ ~rMnmell Connecticut;- PHIPP's, Colomdo, S.PENC'IJR, ' :Missouri; WILLIS, Ohio. Cummins Hetlin Nor be<; Jc Walsh, Mont. Curtis Howen Norris 'Warren Mr. Pres,ident, could Sapphira have ~agine 'd or Ananias Dale .•TohnSGn, CltHf. (l)ddte ~el er have uttered a .mo.re pernicious libel against these dlstluguishcd Dill Johnson, Minn. Overman Willis Senators? · , Elkins Jones, N. Mex. Pittman Of cqurse, every Democratic Meniber knows that not one of NAYS-26 these Republican Senators could be induced by the :ftattery .of B'a.Il Edwards' ~Ic'K"'ml~y 'Sterling plutOCI·acy, or coerced by the great political pow-er of the Presi Bayard :Ernst Moees .Swansen Boran Fernald P~pper Uaderwooo , dent, in this crisis to sacrifice his manhood, outrage his con Bruce Glass PhippH Wadsworth science, and desert the World War veterans by changing his Colt Ureene !teed, ra. 'WeDtlt' Dial Keyes Shields · · vote on the soldiers• adjusted compensation bill. J£'1ge King Smoot · Mr. FESS. Mr. Ptesident, will the Senator 'Yield to me? · NO'l1 VOTlNG--11 Mr. NEELY. I gladly yleld to the distingui~hed Senator Couzens McCormick R1!ed. Mo. W.alsb, Mass. ·from Ohio. Hat·dson Owen Stanley Watson Mr. FESS. The most conclUSive answer to that slander will · 'LaFollette 'Ransdell Stephens be to vote rigltt a ay, -and see bow those Senators will Vtlu~r PresHlent to th~ contrary notwitbstanding. I.A.p:plause ln the Honse, will vote. I know that n<1 Wall Street subsldi~ news galleries.} paper or -even powerful presidential J)ropaganda ·can prevent The PRESIDENT pro tempore. The Sergeant at .Arm.s will the Senator from Oh1o from ·voting for this bill, ·just·as be mtoo clear the galleries-if there be furtller manifestatfons of pleas for it when it was 'first pas~ed by tile S~na.te. I know that ure 01· displeasure. every one of tllese 1-0 Senators will prove, when his name is 1\-Ir. HARRISON su.bsequentl,y saM : Mr. President, I merely called, that he is "not a pipe for" even the Presldenes "1inger wish to make an .explanatign. I understood that the veto mes· · to sound whnt stop· he please," but, on the contrary; tbat he sage -0f the President would be called up -at 2 o'clock to-day is as- and I was led to helieve that there would be some discussio~ Constant as the northern star, of the message, whkh might be prol-Onged .several hour.a. I Of whose tru~ftx'd -and r-esting quality bad a vei·y dear .friend who passed away and was ·buried in There is no 'fellow in tile ftnnament. Arlington Cemetery this afterll()()Jl at 2 o'clock. In company Mr. Presiderit, we shall soon have additional cause to lie with my colleague, the junior &ma.tor from .Mississippi [Mr. proud of the Senate; we are about to furnish the country con STEPHENS] and th-e sen~ Sena.tor from Louisiana {Mr. RANS clusive, proof that the 1\Iembers of this body are unterri1led, DELL], I left to attend the funer.al. During our absence tQf aoout and that they stand for the rlght as 'steadfastly as ()asiblanea 45 minutes, t~ vote oa the v-eta message was ta.Ji;en. I am vecy stood" upon the burning-deck. sorry that I was .not here to- cast .a vote. J we.s po.ired. with the We all know that these -11:) Senators whom tne Herald has Senator from Louisiana {l\ok.. RANllDEl.L] and my ..colleague {Mr. so basely libeled will, when their names are called, again vote STEPHENS] was also paired with him. ·If my -colleague -.nd I I for the adjusted compensation bill, .and thus prove not oni,y to had been present, we would .have v~ted to over.ride ·the Presi the vast and intelligent audience in, the glilleries but to all dent's vet<> and the Senator frnm Leuisiana ~uld have V()ted I the world that they .are n-0t ,spineless creatures, that ·t11ey .ai'& bo sustain .the iveto. -8872 . CONGRESSIONAL RECORD-SENATE MAY 19 ,

Mr. WALSH of Massachusetts subsequently said: Mr. Presi co~trovei:eies s,u~mitted to the Permanent Court of International· Jus· ; dent, I desire to make a brief explanation because of my ab tlce. sence when the vote was taken this afternoon on the question President Harding, when in life, favored the United States adhering of overriding the President's veto. to the Permanent Court of International Justice, and President Coolidge An engagement, long ago made, necessitated my presence in concurs with him,' both: asking the advice and consent of the Senate Massachusetts yesterday. It was physically impossible for me to do so, with reservations withholding and excluding legal relations to return before 3 o'clock· this afternoon. When I returned at to the League of IS'ations. ' Senator CL.A.UDE A. SWANSON, ranking Demo 8 o'clock the vote had been taken, . though it was generally be cratic member of tlie' Committee on Foreign Relations, after a con lieved when I left on Saturday that a vote would not be reached ference with other Democratic Senatoi;s, some time since offered a till late to-day. Had I been present, I should have voted resqlution In the Senate providing that the Senate advise and consent "yea," sustaining the position I have taken on all other occa-, to . the United States adlieri,ng to this court , with . reservations , abso sions, favoring the adjustment of our war veterans' compensa lutely excluding the United States from' ail legal relations and connec tion. tions with the League of Nations'. Senator w. H. KING, Democrat, INTERNATIONAL RELATIONS-PERSONAL EXPLANATION has otrered a similar . resolution. . · Senator. THOMAS J. WALSH, also.a Democratic member of the Com Mr. SHIELDS. Mr: President, the League of Women Voters mittee on Foreign Relations, in a speeeh made at the recent conven in convention at Knoxville on the 9th of May invited me to tion of women voters at Buffalo, ·advocated the .United States adhering address them on our "International relations," and not being to the permanent court for the Jl'.lOral support it would give to Europe, able to do so on account of the revenue bill being .before the stating that the majority of the Democratic Senators favored it, and Senate that day, I sent them a telegram briefly stating my at the same time saying : . views upon the live questions concerning our relations with for- " This is not a plea for the entrance of the United States into eign countries. . . the League of Nations." Events transpiring since 1920 affect quite This telegram has been so misunderstood and in some . re materially the view one must take of the pro~lem of our relations spects garbled that I desire to place it in the RECORD, • so that with that organization we' have so often been assured is dead, but my views upon these important questions may not be misunder which somehow refuses to stay dead ·and which is in fact very stood. I ask unanimous consent for that purpose. much alive and is considered by the nations of Europe as a most There being no objection, the telegram was ordered to be valuable agency for the adjustment of constantly recurring matters printed in the RECORD, as follows : of dltrerence among them. · WORLD COURT FAVORJID BY DllMOCRATS AND Rlll.PUBLicANS " I do ·not plead for a reversal of the verdict through which the United States d.eclined membership in the league. I plead for WASHINGTON, D. C., M°'1/ 9. the active participation by our Government in any e1rort which Mrs. JOHN M. K11NNY, may be made through it or any other · channel to bring about a Prelrident of the League of Wometa Voters, KnoiDmlle, Tenn.: restoration of normal industrial activity to Europe and to estab Will you express to the convention of the League .of Women Voters of lish a state of actu·al peace among them in every case in which it Tennessee my great appreciation of their kind invitation to address is reasonably sate to do so without entangling ourselves In their them upon our international relations and my sincere regrets that at quarrels." 1 the last hour I am detained In Washington? The final vote upon the This- statement of conditions and facts demonstrates that the Amer Federal tax reduction bill is imminent, and It is believed that it will be ican people and the majority of the members of' the two great political bad to-day or to-morrow. I ·felt that I should forego my inclination, parties, recovering from the em·ottoris caused by the horrors of war personal pleasure, and interests and remain here to vote upon this and regaining their national soul, are now uniting in the policies of our Important measure, th.e divi~ion of the Senate being very close. Our Government in .international · matters · and considering them from an international relations are nonpartisan, and the subject is one singu American and nonpartisan s~ndpoint, as Americans have done in tbe larly suitable for consideration for your organization. past from· the foundation of our Government. It is a pleasant subject of discussion. The United States is at peace Therl! .should be no prejudice against the Permanent Court of Inter with all the world. We have no controversies with any nation likely to national Justice· because it· w~s organized by the league, provided the lead to war. We have treaties of peace, amity, and commerce with all, United States continues absolutely unobligated and free from the politi civilized nations and entangling alliances that would likely embroi~ us cal provisions of the covenant of the league· likely to embroil it in the in war with none: We have treaties with 50 sovereign nations, includ feuds a.nd wars of other nations. While the Permanent Court of ing tbe great powers, _providing for conciliation and peaceful arbitra Arbitration and arbitration treaties seem ample to settle all Inter tion of all ditferences that may arise between the signatories of such national disputea, yet it adherence to the World Court by the United treaties. States will give it moral· support and contribute to the peace and PlilRMANllNT COURT OB' ARBITRATION tranquillity of Europe, it should do so. The United States has always The Permanent Cou~t ot Arbitration, with its seat at The Hague, advocated peace at home and abroad, and by a policy of ru:mentangliiig Holland, was organized with ample procedure and jurisdiction · for the alliances and nonintervention in foreign affairs held itself in a neutral peaceful adjustment of all international disputes and the promotion of position to offer its good offices to all countries involved in disputes, peace and prevention of war and bas settled many controversies threat and by arbitration and settlement has prevented many wars. ening war and is now successfully functioning. The United States was FAVORS . SW ANSON'S ItESOLUTION chietly instrumental in creating this court and is obligated by numerous In the cause of humanity and in the advancement of the material treaties to submit differences with other nations to it. interest and commerce of its citizens, it should · continue· this· policy We therefore have almost' unltruited facilities for peaceful settlement ·where it can do so without ·prejudice· to the interest of our, 'poople. of all disputes with other nations which can be arbitrated and adjudi The resolution of Senator SWANSON with the reservations proposed by cated. We have no cause to fear a foreign enemy. There is no foreign him with those which. the Unit~ States made in becoming signatory nation that can conquer and subdue America. The whole world was to the convention creating· th·e Permanent Court of Arbitration, pre astonished when in the recent war we raised and placed in the field, serving our traditional policies in dealing with the other nations armed and equipped tor battle with ample supplies, 4,000,000 men, and and withholding all questions involving vital interest, independence, provided a formidable Navy, all within a limited time. We so demon and honor, which have never been the subject of arbitration or ad strated our great resources of men and wealth and the splendid judication, should be adopted at the present session of the Congress, efficiency, fortitude, and courage ot our soldiers that no nation will and I hope that it will be pl'omptly done. The common understanding ever dare to attempt to invade our country or conquer our people. ts that both of ·the great national conventions to be held next month The Permanent Court of International Justice, also sitting at The will so express the will of the party which they respectiv~ly repre Hague, established by the League of Nations In 1921, now functioning, sent, and favor our adher~nce to the Court of Internatio~al Justice has beard and determined one controv~rsy and given eight advisory under conditions hereinabove stated. - opinions to the league. The Permanent Court of Arbitration and the This will happily end the only great political dissen~ions among Permanent Court of International Justice are both courts of arbitra the American people concel'ning our foreign relations and the Presi tion and have little or no resemblance to courts of judicature. dent and the Co~gress can give . their undivided attention to legisla They have no compulsory jurisdiction over nations or subject matter tion for the relief of the industrial and agricultural interests and and can only hear cases voluntarily submitted to them·. There is no other domestic matters so long suffering and neglected. I favored sauction for their decrees but public opinlon. They are practically of peaceful settlement and arbitration of all international disputes in my equal dignity and power and functioning in the same city co.ncur speeches in the discussion of the League of Nations as appear in the rently and harmoniously. '£he Permanent Court ot Arbitration ls open CONGRESSIONAL RECOR·D, and · t~ probable policies of both parties are to all nations and the Permanent Court of International Justice to the in full accord with the views I entertain. members of the League of Nations and three other nations, including J"OHN K. SHIJl)LDS. the United States, assenting fo its jurisdiction. The chief difference between the courts is the method of election of the arbitrators or . Mr. SHIELDS. Mr. President, I announced my views con 1 judges, the parties to controversies in the Permanent Court of Arbitra cerning the foreign policies of the United States relating to in tion having a larger per cent of the selection than the parties to th& ternational courts and conferences in an address I made in the. • 1924 CONGRESSIONAIJ . RECORD-SENATE 8873

Senate on November 19, 1919, when the League of Nations was contemplate two bodies, orgailized like the council and assem.. under discussion, and they appear in the record of the proceed- ~ly of the League of Nations, the majority of both of which is ings of that day. · · necessary for an election. The flve great powers are given con I then said that I believed in peace and bated war and tp.e trol of the smaller body, as in the council, and there is the same horrible suffering that it brings to mank.inmmon carrier bas, or common carriers have, in effect voluntary jurisdiction .of the court with the reservations pro any rate, . fare, or charge which ls less for the ·longer than for the posed and others if deemed advisable when the resolution comes shorter distance between . two points (the shorter being included within before the Senate for adoption. the longer distance), and which has been authorized by the commis This committal is made with the understanding that the reso sion or as to which application was filed with the commission ·on or lution is acted on before the Democratic National Convention before February 17, 1911. and not yet acted upon by it, such rate, ·in New York in June next, for I will be governed by the plat fare, or charge shall not become unlawfnl (except by order of the form adopted by the Democratic Party. I have always sup:. .commission) until after 12 months following the passage of tlds ported the candidates nominated by the Democratic Party and amend.atory ,act; nor shall such rate, fare, or charge in ·effect via a have followed and abided by the platforms adopted, with the .circuitous rail carrier or rail carriers become unlawful if it shall have exception of the State election in 1910, when the party was been authorized by order of the co.mmisslon, after public hearing, based divided. When matters have come before the United States on no less a showing than that upon which the commission is herein Senate since I have been a Member I have been governed by authorized to grant relief: A.nd provided further, That nothing ln this and followed the platform pronouncements of the Democratic section contained shall prevent the commission from authorizing or Party and by the conferences of the Democratic Senators. approving departures from the provisions of this section in so far When there was no such platform pledge or .caucus action, I as applicable to import or export rates, including rates applicable to have been governed by the fundamental principles, policies, and traffic coming from or destined to a possession or dependency of the traditions of my party and my conscientious judgment of what United States or to a block system of express rates established by was my duty as a Senator· and the interests of the great people order or with the approval of the commission or permitted by it to whom I represent in this body. Continuing this course, I will be filed. support and be governed by the pronouncements of the next It is also proposed to repeal paragraph 2 of section 4. National Democratic Convention upon our international rela The PRESIDENT pro tempore. The question is upon agree tions, which I hope will be as I have above indicated. ing to the amendment offered by the Senator from Idaho to Mr. President, the Senator from Massachusetts [Mr. LoDGE] the amendment of the committee. has recently introduced into the Senate a joint resolution re Mr. FLETCHER. Mr. President, I do not feel that I quite questing the President of the United ~tates . to call a conference understand this amendment just offered and read. It may be of nations at The Hague for the establishment of a third court, that this is a wise measure to adopt. I have some very grave styled the " world court of international justice," and it ls doubts about it. I think, in the first place, it would be a pending before the Committee on Foreign Relations. mistake to undertake to change section 4 as provided in this I have examined the statute incorporated in this resolution amendment so far as the Atlantic ports are concerned and creat~ng this new world court and find nothing in it, with the perhaps so far as the Gulf ports are concerned; ·but that would exception of the manner of choosing the arbitrators or judges, not influence me to vote against the bill if it were a good which is not to be found in the constitutions of the Permanent measure for the whole country. I should be inclined to sup Court of Arbitration or the Permanent Court of International port it, notwithstanding its adverse effect on Atlantic ports, if Justice, unless it be mere matter of procedure and practice, ror such effect were not too serious. which ordinarily the court should by proper. rules provide. The I am not impressed, in the first place, as to the great need for jurisdiction of nations and of subject matter and the provisions this legislation. We have had some inquiry made of the .Inter for enforcing the decrees and judgments of the court are about state Commerce Commission regarding the long and short dis the same as those courts. The Permanent Court of Arbitration tance hauls, and that commission on February 13, 1924, reported is expressly recognized and part of its machinery used in organ to Congress, as shown by a document, No. 50, in which they izing the World Court. The provisions for-the election of-judges went quite fully into the situation regarding the enforcement 8874 OONG-ltESSIONAD REOOR~~SENATE l\iAY 19

of fleetion 4, ithe- applications for deputure trom it, tbelr action ~J tlu;o~ :J'll~ .t9 &nm-State Ji>Olnts. thf 4>,mer 1·ate51 -.,hlc.b .appUed on those &J>plicat1ons, and !the reaaons tti.erefor. . , · tp bpi;l) Jacksoipi~ PfDP~ ,ui~ for l>erpnd., R~t ~Jtab~ed nµJch .b.ighe.r rates to apply on Jacksonvme proper traffic. We aoo all famlli'O.r, ot course, with, the l()l'iginal aectloo ·4. 1 prohibiting a greater charge for a short.er t.ww !or A 1oll&'e? I • • ,• • • -, . • * T * * distance o\l'er the same line, qu.e..ll.fied as it was iby t:be w<>rds l'h~ J•ekf!onville Job~ J:ow.p~ t.r (lown·~tat~ . ll\1$IJ;J.ess tDQving " under substantially s.imllar c.ifcUlllBtances and couditwns.'7 •t aJJrr,a~ss .l'$.tes ja, t.J;>..e,.-e.tor.e, .4t 'l. '1isMv.a.ntag~ ~ tne all-rail The Supreme Court in eonstming this language ;pract1eatly rate• wJ.t4 tile ~PPe.t' ~ Mrfct: .11hJJ>,J;ij..CQts to (low.n-St.lJ.t.e ~oints nullified the interpretation which had been plaeed O.ll teotion 4. to the .e~~nt . (l~ t..l\e .ffl.U 1"1Cf~~.C~ JVli)ch ~V~ be.en Wlil.Qe in th~ r~t~ff trhen ln the act ot J"nne 18. 1910,. ~se ·words wel'e elimmated. W .la.ck6'9nTIµe vroPer. (rbe amendatory .act ot luna 29, 1906. made no cbang-e in eec. "11hey Bay~ tlon ' as originplly eoact~d. ·but iD .Jww, uno. the~ worda Our :lobbers ean ovellcome -tht• d.iBa.dvantag~ oa th~ all-rail adjust~ were eliminated. Since then a number of applications w~e men t by taking advantage, whel'eTIU' possible, of the much lower rate made to the foterstate Commerce Oouunis.sion tor rellef ;from aTO:llable by rail and tWa..ter •route•. 1 the operation of 11ection 4. '!'lutt report. :Senate Doc\llllent·No. 50, wtthont discussing it further th.an simply to call attentlou to i~ What J am lr.ni,:>resse(l w1tl;l is this, if this bill P:l$Ses it will deals with the subject quite fully. enllble tI~e raUroads to increase their' rates to the competiUve So tar as the application af the. ex.istmg section is roll• water ~ojnts an(l not lQwer them to the intermediate pot.Q.ts. ' · cerned, there has not been any real 9bs~rvance of it, as I Let us ~ons.lde:r the situation in tb.e West. T.he tran~ontinen understand. I hold in my band a communication dated October tal lines may be forced, under the prov1sioQ.s of- thl:;i bill, ejther 23, 1928, .from the Jacksonville ltll!o.ffic bu'-!eau, Jad:soD..Tille, tQ Jo)Ver. tbeir interroediate-territo\'Y rates 0r raise tb~ PacJ.fic Fla., in which •they state : · cp~st rates, and wJ:iat they will do wlll be to contin'Qe the rates ~B tbey exist at present on the short distances and raise the .By freight tariffs which became eJrective on th~ 1 'lth instant the ra.tes on the long distances. · ,n-rall elasi;i rates ftom a tnrge number ot important southeastern Mr. PI'lvrMAN. Mr. President-- pQfpts, OhJo and Mis~tsetppi 'River ero88ings, Gulf portl'I, and potntii ' The PRESIDING OFFICER. Does the Senator from ;Florida no1·th of the Ohio River were gi:e3tly 1hcreased to Jaeksoov-llle and. yield to the Bena tor from Nevada? , • 9ther south Atlani;ic · ports. These inCt'ef:\Sel'I were allowe(l to beeome Mr. FLETCHER. I yielu. . e1fect1ve by the interstate Com~erce ' Commission over the protests Mr. PITTMAN. . That might be very pQsstble provlµt it seemff. that tJ;>,e -gha.11 be- a$sured a falr Tetu.rn on their entire· property by o. Interstate Commerce Commission has disregarded rthe matt:e:r, !~ight rate 1vhich shall reach everywhere. Of course, If the so tar ti.s lmY .pref~~nti.a,l in f~vo~ <>if . -th~ ·pQl't ~f J~~onvme ~te is only ~aying cost of transportation at one point tt must be is ,coneer»ed. . .. ~ 1J.1gher at another point, beca11se they must be assured a fair Mr. PITTMAN. ~. :Pr'Wideot, I wUl iit~te tll4-t tJmt ,is cuti~ r~tuFn. I~ th~y egu~llze an~ re.i~ the rate somewhat e.t the tom.ary. Whenev~f illP l"a.tl:i:~ads ~ to lower ttie rat~s. they point where it is too tow, 'it wlll enable the Interl!ltate Com lower tben1. WbeneVier 1be rail.roaus .aslc tQ put ~l\l up, tbe,y merce CoinmJssion to reduce at another point where it ie -tOO put them DP; so tlle Saoot'>t n~d ~ ·ww-ry aboµt t®t. high. Whether they wnI do their duty or not, I will say -to l\fr. F~Ql!ER. · Ther~Y.: the ~enator from Florida, I am not prepared to say, ·but they have to-day .an t'he power necessary te do 1t. .As previously announced, this bnreatt, 'llpon receipt of' tarift's pnb The only objection to this one proviso which t.be oommisBion llshi ng the increased rates, tiled a formal petition wt th ' the ·interstate '.bas stated is that it hae taken .out· of their hands the dililCretton Commerce Commit;sion fb:r wspenaioo und inves-tlgation e,f ·the · objec- ' in the matter. 1-'hey have S8.1d, ~· You propose that wf! shall tl~nable schednhu;, 'but, as above stated. tb l\jr. Pli'TM,A.N. ~ di~ not w.ant to inten;upt the Ohair i that take. into eonsideratJlon other matters, mid I belie-ve that those was the reason wlly I did not .address the Chair. point.a which enjoy water competition will .have to receive t.h,e '.rpey do that, ~ I was sti.Yiug. They will lower tl'rn' r1:1.tes in recognition of their. na.ttu·a.J advantageit, because otherwise tbe .Florida, Q.Jld then tbey will r3rj..~e t~ rates somewbere else. rail.roads can not' do bw;iness at thQSf' POints fi!UCC6Sfftully. . They The proposition ls this: It is not so much 'vhat they do to~llay must lowex the rat& at competing polpts or be in posit.ion w d~ or to-morrow; it ls the constant threat that water competition so·ns conditions roaf require, in order that they may ~e able w bas when we know what they have d~. the applications that cai-ry any traffic at a.Jl. . Fov that reason I do not tbiD.k we are pending, and what they p1·obably wm do. should de:oy ·bY legislation the enjoyment of the natural advan Mr. FLETCHER. Of course, if by legislation we can make tages which evst u.nde? natq.r11l law Md which cap nQt ~ the th,i.ng ~ertain nnd definite, J think tbat will be an 1.mprove destroy~ PY .a mere act o'f Congress. I bell~ve inoor~~ points ment i but I am simply showing that at l}resent the .commission should have tail' aPcl just tr~atl:nent, also. free from

-ds of ;freight, ~\1Ch as lumb~r. which gi;>e~ ec,ribeq, no changes have been made in th~. .rates tQ tbe m~jorHy or slowly, where time is not th~ e~se;oce of the matter, wbere Florida poi.J;lts .toca~ejl ~o~t,h of the l}ne pf tQ-e ~abqarination, our jobbe1·& could brlµg tllefr ~ooWi into ;r,ack.sonvµ1e py .rail lat the railroad have what naturally belongs to it. and ~teJ.' reship tp tbe cjpwp.-~ta.te poiqt~ at the sar;o~ tqtaJ rJJtt~s 4l!'I The.i,·e is no law .that wlll belp water trant1Po.rtation, get any n\llf haye qutaine4 .ha4 the gqods moved diJ?~f!t ;froin the o,:Ji;inal pQi1J.t thing from the railroads, but tb~e is a constn1cti Ja<;:Jts~vme, _f9' ~Qµst,.-~c~- ~ot ~9IUJ)et~ _ii~tui:µ.J.ly withµ it we.re not_w~ that rule. "o/.~ ,ax~ 1924 CONGRESSIONAL RECORD-SENATE 8875
trying simply to do nothing on earth except to remove that arti- water and rail. GiYing each one its free, untrammeled domain, ficial power, nothing else. 1 • • ' there can not lie any such. competition. Railroads can not Mr. FLETCHER. I favor, generally, the development, the compete with water, and freight can be moved so much cheaper growth, the promotion, of all means of transportation that ·we by water that unless. the railroads are allowed to recoup in can devise in this country. I think it is a most important thing. other places than in the competition with water, they can not Adequate, economical transportation enters into all our a.ifairs. live at all. There . can be no competition between water and It relates directly to trade and commerce and has a vital bear railroads unless we artificially create a condition by which the ing on production arid distribution and industry as well. railroads can recoup themselves in the helpless communities Mr. GOODING. Mr. President-- .. that have no water facilities. The PRESIDING OFFICER. Does the Senator from Florida Mr. FLETCHER. I can not agree with the Senator that yield to tbe Senator. from Idaho? there can be no competition between water and rail lines, be l\Ir. FLETCHER. I yield. cause I contend that there is Ii certain class of freight, the Mr. GOODING. I would ask the Senator if he thinks it is bulky, heavy freight, which water can move and should move possible to encourage any one to invest money in any kind of cheaper than it can be moved by rail, freight which it therefore water craft as long as a railroad is permitted to make rates that naturally ought to move; whereas there are other classes of would destroy the business which such craft might enjoy or get? freight, the higher classes of freight, that it pays more for Capital will not invest in any town where there is discrimina the railroad companies to handle and that kind of quick-mov tion in freight rates. We can not even start to develop our rivers ing freight ought to be handled by the railrqad companies. unless we can first assure capital that their investments in river I see no reason why we can not keep both our means of boats will not be destroyed by the Interstate Commerce Com transportation, both the waterways and the railroads, busy in mission permitting the railroads to make lower rates for the this country, both having practically all that they can do to longer haul than for the shorter haul. handle the business that is growing and increasing all the while. Mr. FLETCHER. I understand that. Mr. SMITH. The Senator has spoken of the advantage of l\Ir. GOODING. I would like to say to the Senator, too, that transportation by railroad on account of the quickness and we are not objecting to ·paying the same rates to the coast points, safety of such service, but It costs more, and therefore a ship although the haul in some cases is from 1,000 to 2,000 miles per ought to be allowed to determine whether he is willing to lono-er · what we are fighting against is a discrimination against pay more and use the railroad or pay less and use the water. theeint~rior, where our rate is higher than theirs. Under our present system, without this amendment, he is Mr. FLETCHER. I quite understand the Senator's position. denied any chance to carry his freight by. water, for there is I am in favor of competition between rail and water, and of com no such means. The railroads have lowered their rate8 to petition being maintained. I am utterly opposed to railroads such a point that the shipper gets all the advantage of expedi having the power to drive off the boats from the waterways, as tion and safety, and pays no more than by the water routes. far as that is concern~d. Each of those means of transportation l\fr. FLETCHER. As I stated previously, I want fo see has its plac~ and function. Both are needed. In full v.igor, every possible means of transportation developed in the coun efficiently and energetically, both should operate in order that try. There &··e some advantages which the railroads have the public may he served properly. ovoc the water lines. They have terminals; they have connec Mr. GOODING. The railroads have already driven the boats tions with the ware:....ouses; they can haul a trainload of freight from the rivers. They can not come back unless we protect right up against the warehouse and unload it into the ware them so that the railroads can not again destroy them. They house, whereas if the freight moves by water it must be un will not come back because capital will not invest in a river loaded and reloaded, and all at more or less additional ex boat with even a d~nger of discrimination against the freight pense. There are disadvantages on one side, and there are ad they would carry. . , vantages on the other side in the way of less cost of operation, less cost for the service by way of water. Depending on the Mr. FLETCHER. I would like to proceed long enough to different classes of freight, the business ought to be reason make Just a statement in a sort of a connected way, if I can, ably adjusted, so that both the waterways and the railways with regard to this matter. would be able to take care of the business ' offered by the My recollection is, and I think the Senator will find, on the public. particular point to which he refers, that by an amendment to There are two things always b be kept ln mind. One ls that the Panama Canal act we undertook to cure that trouble which the transportation line is a public utility and has the right to he mentions by providing thnt when a railroad company com enrn a fair return on its property. The other rule obtains peting with a waterway reduced its rates it would not be al al:.iO that the rat.! must be reasonable.. Both rules must be lowed to raise those rates again without the consent of the kept in view. With reference to the great western area, we Interstate Commerce Commission . . That was intended to pre know perfectly well tlmt lf the railroads that pass through vent railroarl companies from stifling wate1: competition, or those States were dependent on the business of those States destroying shipping on the waterways, because they can not, if they could not live. They live on the business that runs they once reduce their rates, raise them again, under the law, through those States. without the consent of the Interstate Commerce Commission. Mr. McLEAN. Mr. President-- We provided another thing, that the railroad companies could The PRESIDING OFFICER. Does the Senator from not own ships passing through the Panama Canal in connection Florida yield to the Senator from Connecticut? with their transcontin~ntal lines. That was done so that there Mr. FLETCHER. I yield. might be competition. If a transcontinental line owned its Mr. McLEAN. The rate must not only be reasonable, but own boats on the Pacific that line would be. in po~ition to carry it must be compensatory and must be nondiscriminatory. the freight by rail or water, just as might be determined, at its Mr. FLETCHER. Precisely. own rates. If it could not carry the freight by rail, accorcling Mr. McLEAN. How we coulcl establish a fairer rule than to the rate fixed for the railroacl, it could put its boats into that I can not see. The .trouble with the situation is that operation anrl carry the freight by water. So that eventually some of the rulings of the ·interstate Commerce Commission tllere would be no competition between rail and water if the are considered to be discriminatory. That affects the adminis same con('ern which owned the railroad also owned the ships. tration of the law only. l\lr. SMITH. Mr. President, the old law provided that where l\lr. FLETCHER. That is true. As I said, I really do not a railroad reduced its rate to where it was destructive of water see any neecl for the legislation, because I think under the competition it might not raise it, but under the present trans Jaw as it exists the Interstate Commerce Commission, which is portation act we specifica1ly charged the commission with the a great rate-making, rate-fixing body, has the authority and duty of creating rate groups, ancl so adjusting fares and tariffs the power to base it upon the known -principles connected with that each group might earn, as near as may be, 5i- per cent. the operation of transportation. If a railroad ran parallel to a coast and took a rate that was Mr. McLEAN. I will say to the Senator that I was not able equal to the water rate, tllen the earning capacit~' of the road to attend all the hearings that were held upon the bill before was reduced to such a point that it would r~· :- :•ct almost an .the Interstate Commerce Committee, but I know that the In intolerable burden on the shippers inland, because their rates terstate Commerce Oommissicn sent a statement to the com on other roads would have to be raised so very high. There- mittee, which was approved by 10 out of the 11 members of the. . fore that provision of the law does not obtain in the present commission, in opposition to the measure. It is simply finding transportation act. It is for that reason that we have at fault with the courts. The law is mandatory. As often hap tempted to differentiate in this proposal between the water pens in such ca~es, interests that lose their case in court find transportation and the rail. fault with the judge and try to get an amendment of the law. I want to call the Senator's attention to another point. I The law is mandatory and covers every possible contingency. think we get our definitions mixed up. The Senator has been Mr. FI,ETCIIJ'JR. I am not a member of the C-0mmittee on speaking, as all of us have, about the competition between Interstate Commerce• . I have, however, introduced one or 8876 CONGRESSIONAJU RECORD---SENATE J\fAY 19
two· prbposed ame»d:ment.s to the interstate comi'nere& aat,, tC1 Of & pert cent. are to be paid on~half Into• the ITeserve fund· of one of whi-ch I propose· td refer i.Ii a: moment, which I think! the carrier and the remainder into a general railroad contingent would aceompliBh more· helpful resmts than the ].!)e'nd.1118 bm.. ftmd. J de not want to delay action oii the biiL- We- harv!e ~msed 'Then foUows provisions as to• the teserve fund, the determl it n.eanly a week and have tbra.shed it oot thoroughly. I a:m nation a.n:d: recovery of excess ine!ome, ftnd SC> f.orth. not seeking to· delay actiOlli.· ln fact,. except fer the interrup" 4, The< railroad contingent funw is· to' M a revolving. fund w tions, I woufd hwte :finished loog ag'o what I ha'V'e-i tO' say. li be adminisrered by the eommissioo. and to be used by it in th'e. And no fault with tbe intermptio~ but they simply teok time furtheran~e· of the:- publiic inreitest m rail.way tra.tlSJ;lOrtation:, that I did not intend to consume. either in making loans or refunding maturing; securities, and My idear was 1lo stiggest that in amending tne law as is· pro so f-O!!'th. . Ti~ed tor' fn the: pendtihg bill, the friends of the· measure' migh1l In connection with what I have tf> say,. the ether provisionlJ ~feat the very pu.rposei they have m1niin~ and thatl is tO' gtve of this section need not be referred to~ better and1m°'re fa:vurable· rates, to the intermediate region b&J A. criticism ls frequently urged by shippers against the- pro tween the Pacific coast ancl the· Mississippi: River, foor insts:nce. . 'tisfons of this section generally termed the guaranty, fixing The· transtontinentall lines are th·Groughly wen equipped the return the roads.. are entitled to. While· in law it is not and Sl)lendltlly manaig.ed so far as Ji can see. I had some oppoT4 · a guarnnty,_ it is generally ref.e1'red to as such. tuni.ty last summer to travel on one of them. I ooti(!ed. that! However, fo many minds it ha-s some ot the chairaeteristics we might travel a whole· day on that passenger tra~ with~d af a. gu.aPanty in this, that the ammni-sS'i'on is direeted to pre:. picking up a passenger- or wi toont obser'Ving that oc pound of sePiibe just and reasenal'.>le• rates· so· that· the ca:rmeu will earn fretght had beerr o~eredi on tbe line, and1 the fretglit· train-s 811 · anll.llal net ranwa-y opei.tating. income that 'will amount to whi~h we: did pass were solldl tra:ins , o1f sealed caT.s< usually tW percentage fi:x:ed by the· commisston as· a 11ee:sone.ble :retmn beaiting the label " ©8.ll;fol'nia. / Fruit Co. re1!rlgeratx>l! cars,~· not only on a road whose ea.rnin~ · are already .on this basis showing that the freigkt originatelil on the' coasti and merely but for all . roads in a group!, 'v.tthout regard to: W'hether. snch j)1lssed tbroogh tlho~ : States; We do· J1ot want 'f!o! strangl-e toac!ls a'te weak or· strong.. 'l'.he tes11 most com'monily used ooth those g.rettt lines, because they meani everything to the: States i:n' debate· and' otherwise is whet.lmJT the roa:d is s so-called. &eross ttieh tJiey ope'rnte, and at the' same time the:te• is no "weaki one," wfthemt mueft rega.r' l'>e a~compiished f-or those- States by forcing the· lines weakness. trnder- tllls section' the .:return and n.ot the ~son.. to increa~ their rat.es at tile seacoe.st:; for instance, • at San ableneSS Of the; :rai!eS1 8eem81 tOI be Of primary importance,' and Francisco; Po1tland, a'nd Sea:ttle; · ' J 1 . the· decisions of the cflmmission seem to Justify thiS' eooclasi1on. 1 It may bl&' thalt the: :rhilt'Oad ec>m¢htes ll!'re earning suffi.Ciemi I.ni the· case. of Redneed1Rates fi'om New York P1ers (81,J ..C, o. to warra1tt lo'Wetr:dg! th~ r~tes• for the shotter mmiSSIDn SllYS !. I I I 1); J I wm ~t)l yiel& n'.s' ·~early ag ms)' 1'(! a• fair retu:ra1 t6 the eal'r~l!f us · a W!lich 1 EJ.uote as tol'J'elW.s.: . , ' . · wh'ofe' or ad d 1vhoit!· bj' sucti rate gl'tmps · asi 111ay M tb'.~d. ' • 1. 'J ' _ 1. ' 1 ' l r 1 I "' J , ,, , : • • ' f r , ~ La-&t ;year Sou.them Pactfio earned neady· $13,.., per, sha,re,, more than In th.e case of Adriatfc l\!fn~ng Cof 11: Chfca~o & ~oi:;th W~- twice the $6 dividend. it coufd very well_ have paid,a dividend. of. $8 ern Railway Co. CT& ,I. C. 9 ~1, 632') t~~ com.mts~Jfn ·,sai4: ~r share.. The total dividends disburse~ were sUsb.-tly over $201000,0001 It. may also be• J>Ointeci out. that Congress ta enacUng, JieCtiQD. 15& of as $44,000,-00Q Qf net income. l1sua1.Jy ,iS> ·fur a . ag~ it sate ratuioa~ the :Interstate· eom.Illel'ce llJCt .. dhre.ating that ruleai should be1so llxe~ as t~ Pill' ool a~out two-tkirds ofi its. net, l:M;Qme in cliv1dendlf. @A th~ to gi1ve· the e&l'riens .as, ru ~hole. a. f..a.tr :r~tur:n, on. the aggregate, ~f;tlUe basis Southem P.ad~e, w.ith o-ver $44,0Qo,OOO of net. inoome, CQuld 1 1 of 1!hefr l'liij.w.aiy propertx,1 ~co~IBefi ~ the right.. of in,dlvid~~ 9ai11er11 vecy well. ba-ve pakl $2~,600,000 in dividends, 'Yhic,b. would have beeri to earnings in excess of that return in permitting tlloem tCl' reta.i.n .one- al"Ouud S per. cent. In 1922.,- ho~vev, .the. :!let )ncom0 1Y'as, onlN aa'lf "Of their exces&- ine-0me. .above 6 , pell cent. . ~~00(), so that, th& &~M .cent divfdE!:Dd was.Just apout fight, ~ I - tit absorbed.. aiee.rly 11wo-tbi.rds 1of the :aet in(!()me. 1 _. 1• . , Ill the Tl!anseentlnental Cases.. efi.1922, f74 I. O. C . .a~ pr.. 71)' "These ftgure11. indicate that ' thll 6 J~e..i CA:)Dt. d\vidend is JieU pr.er the commission inter alia said: ·1 ,·, , • tected. In fact, they suggest that Southern Pacific could manage· com MdrE!o~et( if m'ust b'tt B<1rn~ irr -M.ibd tWt · w11~rt! tht! 'ouf-of-~et t.JtabJy t& pay 7 per Hntli.f Hc:r"ev~r,. it iEI' .11.ot IUi;e~ r that the cij:vjdend t'tleory ts. ttsed foi a 'f·atl! 'tiasfff tliere' ts e'fidentty tJiroWU UpiM\ t11'8 1 will be :lll.cte8.18ed; atiess- enBlinglB 1for 1924 •:$P PJ.10SP.ects .f-Of , 1~25 ¥est of t11i trafftc -thtl t'a'slt ot p~ing tlie lmlk of too! net ~tum 1 llldicat& t.hat tile avera-· earn~ will. equal 12 ~D r J!tmt &JI ~oJie. 1 contempl11:te¢ 1D secti'Pl\" 15ft. . • • - • • 11 I ·'' 'I" ,· w . l(u·•"I' " ,, . Jl~f/,lill'll I take ft· that the Soiotll.effl Paeific"~ Ra.Uroad fill one ~f the 1.A.nd. again,, &.t page dll.: . , , roads' aft'ee~d' by iMs· p~o~d tegtsla:~knt It certaitnfy a~ Shollld tlley conce4e' t:lle· ptbpability· oJ a. net los& in revenue tO' tb• f!leettf M be' ill a very good cO'ftlditloni f:Hia:befRlly at tMls timei. dnTrie:ts• nli &•whole,. we should haYe 110' •ettnsides wbetber ' su~ 111 sh:rinJ[.. tt'hat raises· tlle pofnt suggested biy tfie 8eititt6r :tt-om South iige would. adt"el'Sel'J' afl:ett tll& rlrttHll· .8!t 1r-lltcb we a1'8' requilrecr. w. a:lm Cittolin'tt, about wtdcti: princtpal1y I Ei.Tose t.r offer Some' v}ews. ' ti11CJ.er settlorl 15a. Mr. President, I never favored section 15a, for reason~ which appealed to me when the- btl1 was· P~.nding, and I have It is $ometi.nfes said' fua'.t thes~ · provisiotis Mt' express tM had no o'Cd'ston to' chttng'e' the· opiriion' fhetr fot:tned. Therefore decided rt1I1c.'! 6f' l&:'v that' tt P'ublict-servioo ~tton ts entitled I introduced aul a:trtendmen:t to· the ,act p·rovi'ding for its repeaf, to a falr tetutn apon its property devoted te> publfu use. Thi~ and would, as now advised, still f'a:v'Or its· t'e})eal l will as i!s a genera:nzation whiieh does not fu.U'y state· the tule; for fttlefiy s:g possible sfa'te- n:iy rea:s'ons the.refor. · , , coupled with'. it is afiotlier pr:Wciple tl!at is: quite as important- Sectldrt 15a constst~ of 18 paragraphs, coveti'ng many im:. thi\.-t a Tate' mti§t 1:le .reasena'ble- and jttst. In other words, whHf! return mu.st be fai1'~ the rate- must jtJ:st and reasonable. portant features. Among the mote i~o:rtant ones are the the oo f'oftowing : Keeping iii tni'fid that the railroads are D()'W private' pr'dperty 1. Giving power fo the' commission to---;- and tlte- obj'e'Ct is to rontit1u~ them as such; that it fs destred that' I)rivate investments- keep paee ·with t:l1e ads. Thl'.s is not to say Mr return CJl.al and after Marell. 1, l.922. that the railroads should not be permitted tO' earn a ffitr re s~ It is pro-vi'.cled tnat' any carrier ea:tmng a.n inicome in e-x: turn. In my experience' I have kno-wn of but a ffNr i:flstances cess of th~ fair return thus fi:!:ed holds it as tt'ustee for, and ,where anyx>tie 'feTt ()therWise. Indeed, I am quite su'i'e tnat tlie . #hall pay' it to, the Un:ited States. Any n.et euniitgs-i'e. exeess records wm discfuse the fact ·that the regnlativ~ authfil'itles 1924 CONGRESSIONAL RECORD-SENATE 8877
generally lttl.ve alwa;ys kept this purpose :kt mind. It also hu lb. KING. Mr. Presiident, will the Senator yield.? been my observation that :roost of the ,so..called adverse legisla- The PRESIDING OFi'IOER. D0eS the Senator from Oon.. tion reflects tbe reaction of th-e p.ubHc- th railroad policies and necticut yield to the Senator from Utah 'l administration. I think this ce>Qld be demonstrated from the Mr. McLEAN. I should like to finish one sentence. history o~ the evo.lution of the act to repl.are commerce. I .Mr. KING. Does the Sena.tor ~n an iacrease in existing am very certain that in fixing rates- the eorru::nJBslon .always rates from coast to coast-- ' has in mind and considel'.S expenses of e;very kind bl arriving Mr. McLEAN. I me&B just what I said. at a conclusion,, and I certaiBly hne no objection to a congres- Mr. KING. Or· t-0 intermediate points? . sional declaration of a national milroad policy. llrir. McLEAN~ I mean to the. lntermoontain section. This question is closely allied tD the treatment ~ the JIO. Mr. KING. But D<>t .from coast to coast?. called "weak" roads, whieh may be "weak"· from many Mr. McLEAN. That w.Guld depend upon circumstances. causes. They may be " weak as a result of mista.Jces in po~. Mr. Presklent, this a~dment ls nothlllg more nor less unsound financing, or bad ma11agement., and many because . than an attack, or at least 111 refie£tion, upon the !integrity ot building in tbe first instance never wa:s jusWied by the trmfle ' the members of the Interstate CommeJ.Tce Cmnmisslon o:r their obtainable." Yet "all weak roads are put in the same cate- c0Dlpetency. The eDstlng law ls mandarory. All rates mnst gery • • • regardless of the cause oj their condition or be reeisonaWe; they shall be compensatory; and they she.U be the publle neeessity for more sen:iee than they are now per- nondiser.imimia.tory. It so happens t.hat Senators living In the :formmg.'" intermount.ain sectio111 believe that existing rates are dis- The establ.lshhlg of rates and the r.eturn are direetly con- 1 cri'!ll~tory ~ In ether words, they are ~g fa.ult with the nected with the recapture ela.lD30. Laying asifle. the ?igbt of . declSlOD of the court.. As I suggested a: fiew moments ago. the public to reasonable rates over the road on which tt ships when I interupt-ed the Senator from Florida [Mr. FLETCHEJI.-], waiving the fact that through de'V'el-op:ment and growth over ~ tbe Irlterstate Com.meree Commissiam bue. gi-ren serious cou sertes of years. a business ba:s been built up thlrt wm justify ' slderation to this questio~ and 10 <>11t et 11 ot, them are lower ntes than a competing road, and that tlJe: 'Jll:lMie shwld 1 opposed to UW,. amendment. · be entit!M to the fruit of itl!! labor m rates as w-eU aB 1n ether This situa.tk>D ari.eee fr~uently, when-ever a.n importalllt economies or impr~ments, let 118 look the question squarely matter goes tOi .eourt and ls trie6. The unsaccessful party in the face from the standpoint of the Invest«. immediately fiDUs fault,. · and in IDIDlJ' instances he ~omes· to I think anyone wuuld admit, wtth the element! ~f gaia or the lawmaking body tllil want& the: law amended. Precisel}r profit resulting from o~s labol"l!I ettmmat!ed, with intElivWMl the same· quest:km is hmM.'Yed' in tbJ.s ftlllt1'6'V'ersy as would b& effort lllll'emgniz~ with one deprivec!I. of the Denelit of his tnv-01~ and Ju:B been. mv-01\lled many tinle!f In the fnoo11n·.eta foret:1ight, his judgment, and his lt.ber, one W0Uld n« expect tion. of the antlttrut a~t as to what emstltutes restraint of' much in the way of iD.vestinait. trade. • No perticmar rewa-rd ls ·oirered f-0r new rallroad Investments, The same q11estf.an. arose when we cneated the Federal Trade If one through his e.t!orts, his intern~. his energy, aud hts Omnmil&ion alld pr()bfbited unfair eom.petttion. r remember judgment sntteed under :reasona!He rates· in .eammg DlOl'e that when we w.ere debating- th8t bill a goocll many Senators than 6 per cent, one-half of the excels must be surrendler'ed to. lnsisted that the e:x:pre!BSion '"unfair eempetitloo '" sheuld be the Go'fel':lllDeat to be used iD maintaining other rallroe.d& illt~tro b7 the Congress; but e¥ery lawyer lnaws that which, on aecount orf location, managemeBt, OF 'Ane.nelng or fOr• when J'(l>U ~ down a -general principle or law it is as far other reasons do not succeed. How will a law Gt thle kfoo· as you can safely go. If you uudertak.e to establish a l!ltate eneomage Jn.vestments? How long will it be 119ef.ore, wtth an of fact which. will ill ewery .ca.se violate the pr:l.n<.!iple, ~u incentive gone, the " weak " road will pull down the " stFOng " l.mmedbtely find· that it 1s f.Jnp.ossible. road and: both be on a dead level e't medlGCrityl CierlaiDly The Senator- from 'Utah [Mr:; Knro], :l:n his d'lectmsion of the eredit ot the '"'strong ., road. will D.ot be maintained for" the questioa the other day~ in his •er"S ~enlng sentence nd long if it is to be used to support. the " weak u road whi~h fIM mitted thart theire were two sides tc> tbts queBtion. 'l'he fact 1s, no credit.. Im a 'W'Wd investors will a.« take all tll-e risks md" the.re are thoosandB of sides. llv&l'Y' tllllle- ttlere ls a qoostlou forego the profits.. Where ls the ~ co11S'idermg the as to. whether or not tile rate is YOO.a.nable or dleerlminatEJl'l'y law-in takiog earni.D.get from stclckhotders which. in many that q_u.estion goes· to the· I.nterst:aA!e Commerce Oommiesion. cases represewt years of toll and waiting?· · In what way wrn There are thousands of these cases that come to tlleiT atten this course serve to enc8llrage investment? H 11. rail"'8.d, on tiAm, and it k for this oourt to ay wl.ether the rate is reason a reasonable :rate, earns. a return. o1 T per -ce1tt, why s'b:oukl fit able or not. It is for this tribunal to say whether it CMneS not keep it? Who is to jlllClge the economies pradieed, the wiWn tke prOlrlstcms of the law or not. I do. not understand efticiency developed, t:1Die excellestee of the operation m. bring that any of the propQnen.ts f>lt' t:be measum ftBd fault wltb the about the result? Take away the l..Jlleentlv& ot gathermg the law, and yet they are urging Congress t& set llP a condition fruits oJ eoe's la.hors and it will ntl4I re long vn.til au the o-f :llact under w~ no ~rture ca.n he allowed~ no matter roads ue " pom- " with high expenses a.ncI opera.ting resultsi whether thd depa:rture is (.'Ompensatory or ~ Hy opinion that will demand and continue to delBlnd lllgher and l'rlgher is that if they 8UCoeed: kt doing· this they wm be- the first to rates. strl'feir. I really Serurtor think that earn it will get the revenue. How this can encourage private the -proponents- 6f this measure- are Mektng to baTe rates investment or meet with the approval of the public, I can not ad6{>1leti that are nono@mpensatory? We are eomplalning be see. · cause the proposition is to haul 'freight from coast t-0 coast, For these reasons Mr. President I think tltat section 15-A or from intermediate points between tbe Paeifie an
from ocean to ocean than they can properly carry without the traffic will bear, · all that the Interstate Commerce Commission adoption of the policy for which the Senator is contending and will approve; and I can not conceive that a tre.nscontinental aguinst which we are inveighing. railroad would take freight from Chicago to the Pacific sea l\fr. McLEAN. On the contrary, it is my judgment that if board at a loss when the Interstate Commerce Commission this amendment passes, with the restrictions that are now will permit them to charge enough to return a profit. placed upon the earnings of the carriers, it will be exceedingly Mr. ADAMS. Then if in fact the rates are compensatory, difficult to secure the additional railroad facilities which the within the meaning of our Supreme Court decisions, the rates intermountain section need and. which they will get if they will from the interior points must exceed that point. In other allow the transcontinental roads to add to their income every words, if you ·start your through train running from New dollar that they can get in the long-distance haul. York, and you carry it on to· Denver, and at that p-oint ·you put Mr. GOODING. Mr. President-- on an additional freight car, the situation is that you are The PRESIDING OFFICER. Does the Senator from Con~ charging more to carry a freight car from Denver to San Fran necticut yield to the Senator from Idaho? cisco than you are to carry the same freight car from New Mr. McLEAN. I yield to the Senator. York through Denver to San Francisco, and that is the type Mr. GOODING. Does the Senator think that his beautiful of operation. Now, it may not be discrimination in the sense city of Bridgeport would have developed and grown if it had in which the term ls used, but the suggestion that I have is had discrimination in freight rates such as the transcontinental that if that is a practice to which the Congress objects it is railroads are now asking against the interior of the. West? entirely proper that they should say to the Interstate Commerce I want to say to the Senator that if you will let me fix the Commission : " We object to that particular practice ; we wish freight rates, I will destroy any town or any industry in it stopped, regardless of whether it is technically a discrimina Am~rlca in one short year. The bats will be flying through tion or not." your institutions; and what we are fighting for ls that we shall I am entirely willlng to concede that the Interstate Com nlflt have discrimination against the interior and our institu merce Commission has been acting entirely in good faith, bas tions-nothing more. You have not any discriminations; you been correct in its interpretation. If Congress,. the law making . never had any; but. you want to force them on the interior of body, wishes to change the rule of law, it is entirely appro the West and the interior of the Southern States. priate that they should do so. It appeals to those of us in the Mr. McLEAN. The trouble with the Senator-and I have West that there should be an additional regulation to prevent been tfying. to make it clear to the Senate-ls that he insists what we call discriminations, though the Interstate Commerct that the Interstate Commerce Commission are violating the Commission does not so designate them. law; otherwise there would be no ground whatever for his Mr. McLEAN. If I understand the Senator's point, I can position. The law says that the rates shall not be discrimi answer it by calling his attention to the fact that there is a natory. If there ls discdmination, it is not the fault of the great variety of commodities. It might be desirable to ship law; it is the fault of the court; and he ls, as I have said is to the Pacific seaboard a great many things which would ~<>t frequently the case when a man js unfortunate in losing his be wanted at the present time in Montana -or Idaho or some cause, finding fault with the court. other State. I can imagine that special machinery or many Mr. GOODING. When the court continually permits these other articles that might ~e very desirable on the Pacific coast violations in which there is a discrimination, then I ask to could not at the present time, and would not, be of any use in have the law amended so that it is absolute, so that they can the intermountain section. Nevertheless, there might be an not make that discrimination ; that is all. instance where somebody would wnnt a very small order of a Mr. McLEAN. That is just the trouble. When you do that, similar commodity, but 99 per cent of it might be entirely conditions will arise ·in which you will regret the fact that through freight. you have undertaken to lay down a principle and then set up If you prevent the carrier from putting his rate low enough a condition of fact which shall violate that principle. to meet water competition, assuming, of course, that it must When we come to administer this law it must be interpreted always remain compensatory, you deprive him of a certain by a judicial body which will inquire into the facts. Whenever portion of his income, which must be made up by increased Congress undertakes to do that in advance, to anticipate condi charges upon transportation to the intermediate section. I tions of fact which may violate that principle, ns I have said, it can take no other view of it. That is the view that has been is utterly impossible. maintained with regard to this subject ever since the trans Mr. GOODING. Mr. President, if the Senator will yield portation act was passed, and It seems to me that it would be again-- · much better to let the law remain as it is, because my impres The PRESIDING OFFICER. Does the Senator from Con sion is, and I think the facts will show, that departures wllich necticut further yield to the Senator from Idaho? cause any discrimination upon which any complaint can · be Mr. McLEAN. I do. well founded are exceedingly rare. Mr. GOODING. I will ask the Senator if he wlll accept dis The Senator understands, as well as I do, that the rallroad criminations against the cities in his State, or bis institutions of rate structure is exceedingly intricate. It is a paramount any kind, even for as much as one penny a hundred, while in problem. It is the result of years of growth, and the Senator the West they are asking for discrimination that is equal to ~ himself says th.at he thinks the Interstate Commerce Com cents a hundred? mission is acting in good faith. The Senator from Idaho does Mr. McLEAN. Mr. President-- not agree with him. He says they are deliberately dlscrlmlnat Mr. GOODING. Wlll the ·Senator answer that question? ing and trying to ruin the intermountain country. I say the Will he accept discriminations as against his own people and his position of the Senator from Idaho is not tenable. The very own State·and his own institutions? life of railroads, as the Senator from Colorado knows, de Mr. McLEAN. The trouble with the Senator from Idaho is pends upon their building up tbelr patronage at intermediate that he argues himself out of court. He insists every time that points. ~ there is a discrimination. If there ls, it is unlawful and the So, I say, in many instances it might . be wise to let this fault is with the commission. through freight from the East go to the coast at a lower rate. Mr. ADAMS. Mr. President-- Mr. ADAMS. If the Senator will recall, the other day one The PRESIDING OFFICER. Does the Senator from Con of the Senators in discussing the ·matter stated that the west necticut yield to the Senator from Colo1·ado? ern Senators were complaining against God and against na Mr. McLEAN. I do. ture. Our situation is rather th1s, that as a part of the tax Mr. ADAMS. I desire to ask, really, two questions-, if I may. payers of the · Nation we helped to build the Panama Canal. One is as to whether or not these through rates which the We put the eastern seaboard 10,000 miles nearer the western railroads seek to put into effect are the character of rates seaboard than God and nature had put it. We were entirely which the Interstate Commerce Commission could compel the willing to -do that; but the point to which we object is that, railroads to put into effect? In other words, my doubt is this: '"e have put the eastern seaboard 10,000 miles nearer than it Are not those rates so low that if the railroads ordered to put was by nature, now they wish, from the standpoint of railroad them into ~ffect by the Interstate Commerce Commission should rates, to put the eastern seaboard nearer to the Pacific by object, the court would say that they do not return a reason land as well as by water; in other words, practically, from a able income upon the investment? Tllat is, I am really inquir rate standpoint, to set New York and the other eastern cities ing as to whether we are not permitting the railroads to estab to the west of Kansas City and of Denver when they come to lish a rate which the courts and the Interstate Commerce Com making up rates. That is, it seems to me, we have gone a long mission could not compel to be established? · way to give a beneficial water-route rate, and it ought not to Mr. McLEAN. I think the assumption that the carriers of be inverted and applied to our disadvantage. the country are . philanthropists is a very violent assumption. Prior to the construction of the Panama Canal we did not My impression is that the railroads usually charge all that the meet that problem. Then it was purely a question of compe- 1924 OONGRESSIONAL RECO~D-. SEN.MFE- 8879
tition between railroad points-that is, except the extreme . Mr. Mo~w I was . 'itbout to can the attention ot the traffic tha.t went around the Horn. . . . .Senate to the views of Professor J olmson on this subject. Mr. McJ... EAN. Of couriSe, the Senator knows that there is Mr. WALSH of Mont.ana.. From where? no econoni.ic distinction between competition furnished by Mr~ McLEAN. Profe8'or J.ohnson is- water and that furnished by rail. The other day .the Senator Mr_ WALSH of Mot1.tana. Of Philadelphia? from South Carolina very entertainingly described the two Mr. McLEAN~ Prof.essor of transportation and commerce in great systems o.f transportation, one natural and the other the University of Pennsylvania. artificial. My impression ls that 1f there ls anything natural Mr. WALSH ef Montana. I was inquiring of the Senator about the land, the water ls also natural, arut if a mogul en about the public men who speak the views of the people of that gine ls · artificial, t think a steamboat is artificial. Tb,e Sen section. ator from South Carolina elaborated his ar_gument by calling Mr. McLEAN. I say to the Senator from Montana that he our attention to the great Mississippi -River. He called it '~Na will not find .in this country-I have not been able to find ture's highway." I think that depends upon whether a man the opinion of an unprejudiced, impartial student of the sub wants to swim or walk. If be has no boat-no artificial asslst ject who does not agree with me. auce-he will find that the natural highway which wlll be to Mr. W .A.LSH of Montana. Of course.. the Senator will make his advantage will be the one that he can 'use with his legs. his own case, but I was endeavoring to bring out, if I could, The Senator will remember that years .ago we created a the attitude of the people of that pa.rt o.f the country who- have .Waterways Commission, and I think ex-Senator BURTON was studied the question with reference to their own individual chairman of that commission, one of the ablest men who ever interest. I tnke it that the Senator does not know of anyone, occupied a seat in this Chamber. He gave years of study to or he would have made it clear. Then I .want to inquire of the this question, and my recollection is that he came to the con Senator, under those circumstances. what conclusion we must clusion that what the American peo_ple want is the cheapest arrive at-that those people out there do not know their own and the most efficient method of transportation they can get, business, do not know their own interests. regardless of the fact that it might develop that the railroads Mr. McL""EAN. I will 'Say to the Senator that with regard to could carry freight from New- York to San Francisco cheaper most ot these important questions, as far as I am concerned, than it could go by boat. ':fhe American people want the lowest I always try to ascertain the views of men who are not candi rate they can get, and that is precisely what the railroads are dates for the United States Senate; men who are interested giving them. But that rate must be compensatory, it must be solely in ascertaining the soundness or the unsoundness of the nondiscriminatory, and if that law is complied with, no harm · question at issue. can result to tbe interior points. I have a great many times in my own experience had very Mr. AD.A.MS. May I make this one suggestion, and I will not strong prejudices. As I said the other day, when this question interrupt the Senator further : I am. thinking, in part, in terms was up in the Connecticut LegiSlature 40 ye~s · ago, I was not of transportation com,pani.es but in terms of the manufac enthusiastically in favor of it, but we tried it,. and it did not turer and the man shipping the commodities. For instance, in work as we expected. · the community in which I live we have a steel works manufac Mr. W .A.LSH of Montana. The long-and-short-haul propo turing steel rails and other steel prodllilts, constituting heavy sition? traffic upon the railroads. We are apparently confronted with :Mr. McLEAN. Yes. It did not work as we expected. For the conditiQn that under the present regulation of rail.road that reason and fortified as I am by the almost unanimous rates steel rails may be shipped from the seaboard by rail opinion of the Interstate Commerce Commission an.d by the through our community to the Pacific for substantially less writers upon the subject .who have no. mterest to serve except than the rate at which we can ship them. the integr:ity of thefr views, I can not vote for the bill. I am The quantity of the shipments does J10t vary between the two. not criticizing any Senator who disagrees with me. It f'3 my Under the rates. adopted· by the railroads we have been put to way generally, when I have one .of these important questions · a disadvantage which did not exist t>rior t-o the opening of the· before me, ·to. tiild out what the experts think about It. . axe I_>anama Canal,, so that we wondering_ how we. are to Mr. WALSH of Montana. I understand perfectly w~ll th.a receive. the ben~ts the Sena~or thinks will be secured by per Senator's views -0n the subject. F<>r 00 years this matter 1;las mitting this lower-than-cost rate on the long haul and the more been a subject of debate all through our section of the c9untry. than compensatory rate for the sh.ol't haul. Up to the present time, so far as my present lriformation goes, Mr. McLEAN.. If they can ne>t fix a rate that will compete no public man has ever taken any other Position UJi)Qn the with ttie water competition they, lose so much bu~in.ess,. and question-- that loss of revenue must be made up by raising the rate to 1\ir. McLEAN. Mr. President-- intermediate poj.nts. I can not see any other couclnslon. . Mr, WALSH of Montana. ·I mean from that pa.rt of the Mr. ADAMS. Our situation is this. that under normal rAtes country-and yet, the Senator tells us if be lived in that we can compete from our State to the Pacific coast. They pre section of the country he would take a ditferep.t new. vent us from competing by subsbmtially raising our rates in ·Mr. MoLE.A.N. Yes; and I repeat the statement. It ls true order that the man who has 2,000 mlles farther to go may com- th~ attempt has been. made again and' again tG repeal the de pete. That is the thing of which we are complaining. , parture provision in the fourth section of the interstate com Mr. McLEAN. Mr• .President, I tlid not int-end to occupy the merce act.. but up to date, for some reason, pinlOD which seems to me to be issues in tfle intermountain States that are pending all the sound: time, and, as the Senator from Utah said, we are iniluenced ~ction 4 of 'the statute makes lt u unlawful for any c()mm.on carrier · largely by our environment, and .properly so. I do not question 11mbject to the provisions 'Of this act to charge or receive any greater the good faith of the Senators who represent those States, but icompensation tn the aggregate foT the transportation of passengers or · if I lived in one of those States I should disagree with them ()f' like kinds elf. property, under wbstantlally similar circumstnnces on this question. iand conditions, for a shorter than for a longer distance over the same Mr. WALSH of Montana. I am simply asking the Senator line in the same dtreetiort, t'he Shorter being included within the longer whether he knows of any Senator from that part of the distance." This '*"Iung-a11d-sho:tt-hanl clause,. of the act was inserted country who ever did take that position? in the law because of the ,prominence 1n this country of the par-Ucular :Mr. McLEAN. No. form of discrimination against which it was dtrected. The lnrge Mr. WALSH of l\Iontana. Does the Senator know of anl' , ·volume of long-distance tnd'!lc competecr for by rival railroads Urought public man from that section of the country who ever took that •bout such rednctiomi tn the ch~s tor through tramc as to make the position, whether he was in ·the Senate or o1It · ot the Sl!nate.1 local rates for shorter distances much higher tbnn those on competltiu 8880 1 CONGRESSIONAL RECORD-SENATE- 1\{Ay 19
0 btisine8s. Th.ere was m~ch. ditrerence of· opinton ~ega~ding th~ · advi~._ cedes this' pro-riso· maklitg ·it unlawful to~ the~ to charge or receive a~y billty of including this section in the law. The Jiouse of Representa gr~ater cpmpen,sation in. the aggregat~ for a shorter than for a longer tives favored its inclusion in. the law _and its : eni:orcement under .all over the. same line or route tne same direction, the shorter 1 ~~stanc~ ~ circumstances, but the -Senate foresaw · that unless the provisions of being included within the longer, distance, or to charge any· greater com the law were made less rigid, carriers · might frequently lose ihe!r pensatfon as a through rate than the aggregate of the intermediate rates traffic at competitive points and be obliged because of the law to deyend s~bje~t "to the provisions of the act, but an carriers except common car even m&re large~y for their income upon the receipts from the local ri~rs by rail will be excluded from any relie;f under the p'rovlso. In.other tram~ . . Th~ enforcement of a · 1ong-an~-S'hort-haul clause under these words, as to all common carriers except common can"iers ,by rail the pro· conditions ' would injure both the local shipper and the carrier. For hibltion _of the fourth sectl1;>n wm become inflexible .an.4 ab~oi.ute. . this reason the Interstate Commerce Commission established by the act The warrant for so fundamental a .change in what has been tor. 31 was· given power to "suspend ·the operation Of Section 4- for certain car years the policy of Congress as declared in_the fourth section ls not ap riers in special cases after an investigation of the conditions of coni- parent. The hardship which it will work in case ot the so~called dUfer . petition. . The commission· has exercised this power in several in eritlaI' water and rail lines which a~e ~o mµch used by ' New England, to stances. use but on~ illus~ratlon, ls ohvloua. Another lilustration will be found 'The I~terstate Commerce Commission submitted to the Com· in the similar water and rail routes from New York and other North mittee 'on Interstate Commerce a communication in relation to Atlantic ports to Baltimore or South Atlantic ports and thence by ran this bill. It seems to me that the views of the commission are to'·interior destinations. Still another illustration i::i the· ocean and rail well founded, but they cover many pages, and I realize thal route of the Southern Pacific, New York. to Galveston, ocean, Galveston reading them· would have no ·effect upon the vote' which is about to San Francisco,' rail. ' to be taken. The question is more or less complicated, as is the lpfpe lines and sleeping-car companies have not sought or obt~lned ' bill, but in 'view of the fact that the bill must go . to the·· House fo:urth-section relief. Express companies have, and since the zone 'and and ineet With the approval of the Inter8tate Commerce Com~ bl-ock system· of making express rates was prescribed by the oommission ' mittee of the House, I ask to have the s_tatement printed in the express companies are more than ever In_need of such relief, since the RE:coRD without reading. · express rate from ene block or subblock to another ts the ·same by what ·Td heedP~~~Ip~N~ ·pro. tempore. Without objection, it ls so ever 'route moved,- afid one 01' more. ouf of several routes from the same or er . - origin to the same destlnati<>n may be so located that a train carrying .The statement is as follows: the express matter will move through a · higher-rated block or subblock Qn its way to the oommon destination. · Over these rail rotites the ex INTERSTATE COMMllRCll COMMISSION, . press company has DO Control. It did not locate them, does Dot maintain [ Washington; March J!J, 1924. t~em, .and aould only . obviate such seeming fourth-section departures by • Hon. ELLISON D. SMITH, restricting the routing of express matter· to a rail line so located as not Ohairman Committee on Interstate Oommerce, pass through any higher-rated block~ or subblock. · United States Senate, Washtngton, D. 0. to ·Indeed, there are 'mnny instft.nces Where DO route would be avail MY DEAR Mn. CHAIB!IU.N : Pursuant to your request the Inte-rstate able unk>ss either the . rates shouhl be reduced. at intermediate" points . Commerce ,Commission has considered S. 2327, a bill to amend section below the block basis or, at the more distant point, increased to a · 4 . of' interstate commerce act, 6D ~hkb bearings have been held the basis higher than that prescribed - by us, for in' many instances the . rece!l_tly _by your committee, and no~ ,transmits i.ts following report oiV1 routes reaching certain points pass through higher:rated-- blocks · tliereon. The references in~ this report are to the printed text of ·that in, reo.chipg lower-rated blocks. The direct route mig~t have only 1 . bill as introduced by Senator GOODING in the Senate on February 1, passenger train a day each way and the circultou8 route 5 or 10 1924, and for convenience a print of tha bill is attached on which the changes· thereby proposed from the text or the present law are indi- passenger trains eftch way daily. The conveniences for handling ex _press matter in the pa!'lsenger stations at origin or destination of the cated in red ink. ' · circuitous route might greatly exceed corresponding facilities by the "These changes will be discussed in their order. direct route. The rigidity of the. rule which will become operative Sheet 1, line 8 : The bill inserts the word " a " before " Uke kind of uilder this bill would 'dei)rlve . sb1pper8 conveniences in expedited .': ·. · ;rhis perhaps · ls t:'Jrough inadvertence. . No need appears of proti~r~r 13ervice, to WlliC'h they are accustomed and of which they should not. for the insertion. . • ~ · be deprived, and, indeed, might make it necessary to Iargely discard . Sheet lines 4, 5, and 6: The bill proposes to substitute the words 2, the block system of express. rates throughout· the country, a system · " Provided, That upon appUcatl~n to the commission a common carrier by rail may, after public hearing, be authorized by the fE'.Vi_sed oi~ly after ~~ng and p~lnstaki1>;g investigation .bY, us, gene~ally · adopted by State commissions, and proven by experience to be highly commission to cliarge less· 1or "~ 1 satisfactory to shippers as . well as to the express conipanieS. ' As the In place of the words in the existing act reading- aff now · reads, express ·companies are subjec( to the fourth. section, : " Provided, That upon application to the· commission such com and ' und,er the bill they will be denied any relief from the prohibition • mon carrier may '. in special cases, ·after investigation, be author- thnt focluding existing relief after six m6nths following the ized by. the commission to charge less for"~ • bt sect~on, / pasaage of this bill. · · · The word ·~· such" in the existing law refers back to the words "any • The words "in special· cases," which are omitted by the bill, ' !>-ave • COllllllOD . carrier subject to the provisions Of this act i• (sheet 1, lines l'.>-and ' 6f a·nd the word.ii "adY common carrier within the terms of this. been in· .the act since its original enariginal fourth-lilection 11-ppUcatlons ljnes, express companies, and sleeping car companies, which have been for hearing in connection with cases on complaint as well aa in all subject to the proviso since June 29, 1906. These other types of carriers cases where violation of the fourth section was expressly alleged by will, it this bill is enacted, remain subject to the prohibition"which pre- the comp~ainants. In decision of these cases it is be~ieved that, ex- · 1924 CONGRESSIONAL RECORD-· SENATE 8881 cept in southern territory, most of the hurtful departures from the Sheet 2, lines 8-11. The blll proposes to strike out from the existing rule of the fourth section have been disposed of in one way or another. act the words- In the excepted ten-itory all the remaining applications as to class .. and the commission may from fbne to time prescribe tbe extent rates have been heard and are soon to be decided. For niore than to which such designated common carrier may be relieved from 13 yN1rs rates reflecting such· departures have been subject to attack the operation of this section "- by :rnyone believing himself to be injured thereby. And to substitute therefor the words- The original applications only covered the rates then existing. "only in a case where the route via the applicant rail carrier or Any change in those rates necessitated further application and the rail carriers is longer than via the route of some other rail car granting or denial by the commission of the reUef sought in respect rier or rail carriers between the same points." of snch ch:mge. So also change in packing requirements, such as The words thus omitted were the subject of consideration in the the use of paper board cartons where wooden containers had previously Intermountain cases (21 I. c. C. 329 and 21 I. c. C. 400). In the been designated in the tariffs or the use of sacks instead of barrels former of these cases the commission, speaking through Commissioner as container·s for flour. In brief, any change in the description or Lane, said, among other things : · the rate covered by the original application necessitated fresh applica "If IJOW we have apprehended aright the intent of Congress tion for relief. but the making of such new appllcntion did not and there comes before .us upon an application for permission to de does not protect the departure. There has thus grown up a usage viate from the· prohibitive clause of the fourth section the in of according without hearing what is termed temporary rellef in clusive question whether by such deviation any provision of the situations analogous and closely allied to those covered by the eriginal act will be violated, and the burden rests upon the carrier to applicntions, this relief to continue until the original application, or satisfy our minds that no such result would be effected by the that portion of it to which the new application is allied, should be granting of such permission-that no injustice will be done ultimately disposed of in one way or another. to the intermediate point with relation to the more distant The rate adjustment in this country is not and never bas been point, • • • and when Congress says that this commlsslon static. To have arrested all change in rate or description or charge ' may from time to time prescribe the ~xtent to which such desig for services incidental or accessorial to transportation service until nated common carrier may be reli~ved from the operation of this bearing conld be bad on the formal docket and· reports and orders section,' it means to lodge with this body, if it means anything coultl be made based on the record in such bearings would have at all, the power to pass in judgment upon the etl'ect of a rail been of immeasurable detriment to the producers and shippers through road policy which departs from the intendment of the law. A out the United States, and would have restricted and obstmctecl that community is entitled to something more than a reasonable rate; free flow of commerce which it was the object of the act to promote. it is entitled to a nondiscriminatory rate. A carrier may not say, Moreover, the requirement of hearing as a prerequisite would have 'We will give to this community a reasonable rate' and meet the delayed our nccordlng fourth-section relief in so far as necessary to full requirement of the law. It must view its rates as a whole comply with our decisions in the Five Per Cent case and the Fifteen and see to it that they effect no advantage or preference to one Per Cent case, with general order No. 28 of the Directo'r General of community over another which does not arise necessarily out ot Railroads, and with our decisions in Increased Rates, 1920, and Re the transportation advantages which the one has over the other." duced Rates, 1922, and would have further postponed the general re Based on these and other considerations the commission found that adjustment of rates authorized 01· required in these cases, to say the transcontinental carriers serving Reno and other main-line points nothing of the reduction of rates on farm and ranch- products in the on the Central Pacific should make no higher charge upon any article West which became effective January 1, 1922, or the compliance with carrying a commodity rate than was contemporaneously in effect from our order in rates on grain, grain products, and hay or wit.Li· our Missouri River points, such as Omaha and Kansas City,' to 'coast ter decit-:ion that rates on long hauls of livestock in the West should minal points; that traffic originating at Chicago and in Chicago terri be reduced, but not below 50 cents per 100 pounds. tory moving under coiillllodity rates might have a rate 7 per cent No permanent relief has ever been granted by us upon the original higher to Reno, etc., than to the coast terminals ; that from Buffalo application except after hearing, for the reason that those applica Pittsburgh territory the rates to intermediate points might exceed tions did not so fully supply the needed information as subsequent those to the coast terminals by 15 per cent, and from New York and applications have done under our more specific detailed requirements. trunk-line territory by 25 per cent. In the other case, brought by During the first 10 months of 1923 hearings were had on 209 original the city of Spokane et al., the report was written by Commissioner applications. There were only 31 appearances by persons other than Prouty, and similar conclusions were reached. The following is quoted carriers, only 8 witnesses appeared on behalf of shipping interests or from the headnote : localities, and of these only 2 opposed the relief. In considering appli " 6. In determining whether the carrier shall be permitted to cations filed since February 17, 1911, ·permanent relief has generally make the higher intermediate charge the commission can not act hef'n granted or denied without a hearing where circuitous lines seek arbitrarily, but must apply the principles which control it in the authority to meet short-line competition and all the facts as to the administration of the other portions of the act. It must inquire degree of circuity, the rates involved, and other essential matters whether the maintenance of the higher intermediate ·rate will re were presented in or with the application. To require a hearing on sult in unreasonable charges or unjust discriminations. If so, each of these applications would greatly delay their disposition, as the permission must be refused; otherwise it must be granted. · well as interfere with other matters requiring our attention. Most "7. 'l'he commission may prescribe in any way that is definite of such applications can now be disposed of in a few days, whereas and certain the extent to which the intermediate rate may exceed if bearings were required much time must elapse before final action the long-distance rate in cases where this ts necessary to prevent could be taken on them. In addition, the expense to the ·com.mission unreasonable rates or unjust discriminations." These cases were both decided June ~2, 1911, after full hearings and to the interested carriers would be materially increased, and it has lJeen our experience that little or - no interest is taken in such held in Washington. hendngs by anyone- except the applicant. In orders granting relief In our twenty-fifth annual rP.port to the Congress, being for the year the following clause is always inserted: 1911, beginning at page 27, we developed at some length the situation leading up to our fourth-section transcontinental orders in these two "The .commission does not hereby approve any rates that may cases, reported that these orders had been enjoined by the Commerce he filed under this authority', all such rates being subject to com Court, and explained the difference in the views of that court and plaint, investigation, and ·correction if in contllct with any proof the commission. Thus, at page 31 we said: vision of the act." - " It is our duty to inquire with respect to each application As illustrative of our consistent interpretation of our duty under whether, if the carrier is allowed to make the higher charge at the the statute "to investigate in such manner and by such means" as intermediate point, it will result in rates which are unreasonable we shall deem proper, attention is invited to fourth-section circular or unduly discriminatory. No. 6, issued by division 2 under date of October 27, 1922, a copy " The section also authorizes the commission to prescribe the of which is hereto attached marked "Appendix A." extent to which the carrier may be relieved from the rule of the l t may be added that no fourth-section relief bas ever been grunted section. We understand this to mean that if the commission in 1·espect to transcontinental rates, and the rate relation of inter reaches the conClusion that some higher charge might properly mouutain points to Pacific coast terminals, except upon hearing. be imposed at the intermediate point, but that the present dis In brief, the commission has exercised and, if the net be left u11. crimination is too great, then it may fix .the extent to which the cha.nged in this particular, will continue to exercise its judgment in rate at the short-distance point may exceed that at the long- such way as to discharge its duty under sectfon 13 to " investigate distance point. , the matters complained of in such manner and by such means as it " Tlle Commerce Court agrees that 1t is the duty of the com shall deem proper" and appropriate to the case before it. mission to examine each applicatio'n, but only, apparently, for The rlgitl a~d inftexible requirement -of a public hearing in every the purpose of ascertaining whether there are · competitive con· ca ~e L~fore relief can be granted, in our opinion, ls not in the public ditlons at the more distant point which do not exist at the inter· interest. mediate point• . lf ~uch co.ndition~ exist, ·then it is the duty of the
LXV--500 8882 CONGREBSIONAL ltEOOlID-.BENATE ]fAY 19
ieemmt.1ie11 -to l)&rm1t itbe cila:rgbg of thie tow.er -n.tie st ;the mere • ·• • ihat ieo~ which 1mderW11 Jdiect&d file rate of distant point, without reference to the intermediate a:a.ite, ~eept · euriao tt9 ·a 1MLDtlcular point wt1.• a aissimllar drcumstanee and in BO d'tt ·u ithat imte 1'.Dll.1J'9be :found !to be 1Dl're&aoaal>le dn and Lm:>:ad.itlen lrlithill "the meanq 'Of ~e act. ·• _,. • Jsi .:eon.sid1!1'· •&f i:teelf. ing the 1lct comorebenllWeG' it was -pointed .eut tb&t 1the generle " In the opinion of the Commeree tCn'llt't, 1f we 1hld ieompetttlve provisiontJ .-ap.1,ut 1pi:efereace .am.o .&.serauinaUoa ~J,U"eSBed :m the conditions at the more dlo8tant point w'taill at the second and third ~ns .of the iaet were &ill embte.~ mid 'W"ei'l& 1ntei:me41!ate pOtnt •w.e •Dl'D8t o-ut relief, a.nil .ean «tl!Y inquire ther~foxe .operative 1JIPOll the Jour;t.h se.ctie11. 1u well as apon llll whether the mtermedlate nte I.I r.ea8Gll8.ble. In Ule •Plnion other .PDOV.isio.ns ot. the iaot. Bll.t .Lt WAS .poLDW o,ut tbat -wheJte of the commission we mu.st «'& further, -a.ud 1111..ust tnqulre, not wLthu1 the ;l)urvi.ew o.f -the Jou~ ~tion it }}ad J.awf~J r.eauit.ed ol1'ly !Whether competitl:\l'e ~ndt.1!101ts 4o .exist tt rthe mO'l!e dista.nt tba.t the .lesser rate w.as .c.ha.r~ ~ .a lo~ tlae.n was .-acted .for _point, but also wkethM tbclse .eonc11.tl'1Ils juttfy -tbe Gsct1minatton .a .shorter .ha.ul ..auc:Ji ~n .lleiug .a11.thorized couJ.11 ut .be a ,a.gat11.st tM l»tea.'m.tlllla.te point evltle&oed by -tbe \!'ates bl lfMOce. .pi:efei:ence Ar rdiurimhul.tiGR &.111d the~.e.f.o.re 1Uegal. If we find that those competitive .confilttol!l'8 ao ~rlst, but tdo not ·• • • "Xhese COllli)rellensi~e !Views a.D.DOunoed at the ill 'jufltlfy a '6l&CrimmatiQ11 of >tile .aegnee now in f0'1'6e, then it is reeptiw .as ,a .matter ,ot . ~r&UH ~l!tructlon w.ere l&Uobae.. our ·nuty to ·prescribe -the .eneDt to Which. the El'iserimlnatknl may quootl1 sustain~ b.Y :ma.n.8 4.eciaions ·et t!Ws court, and .to the ~. lf &tall. .leading of :sud.11 a8:IM¥l 1we :refer rin :tlle llil&l'gin. We .()"bsa"V~ .mare ln l9l-4 1lhe Supreme Court re7er, tkat ,lu 1&d'1.iti_(i)itl .it .came Ito .Ile sett.W th8t iwhere , eo~ti'V!B C.Urt aDd mlrtainell the ivdla.it:J of 'tbe oollll!risl!lion"s ~r'1ers ,from a emt.dttiens authf>tized rMJrleu t.> lewfil' ·their ll'&tes to .a iPU fourfold •rlewpo1nt, namely, '(l" .meam!ng ()f A&ection o4 as amended, (2) tiwla.r place ,tbe f'.lg]lt .to meet the ieompetttloo. -by lowerlng .rnbes 1t1! .eonllltitutlona!lty, (8) file ~&n flt the ()t)urt, Biil4 -'(4~ the -to .itUCh J)laoe wu ilet ~e.cl •o .sbipme.n.ts .made from rtme ;Paint nlldit:y ot -&ur oroers in the IJlght ~ · the statute es mte.t'P'!'eted. These of origin of the competukm, ,but -empoweitle4 ·all .eardei:e in ;tbe deci8:km@ a-re · J."9P~ft 111 Untted St~tee ·et a1. 1'. Atchison, Tepeka & interest 1>l flleedom ,of -COJllm.CJ:.Ce .and .to .atf.o.r.d e:alarged OpIJ6r· Santa F-e R.atllwa!Y' Ce. -et al. (284 u. 8 • .if'li6), a:nd Un'l-ted States-et al. v. tunltY .w ~pei:s to .aicoo~. if ,they chose to .do so, .ah\Pments .to Umoa 'Pac'l.fi.c Railread Co. et a'l. <~84 lJ. l!I. 4195~, -opl!l.1-on bf M-r. >Chief ,.iuch oompetit1v.e ,poln.ta .at k>.wer .i;ates .than th£1r ,genentl ,tarJ.tt J'.U8tl-ce Whl~, the court sta~ the earrl.enl' o-bjeetlons 'llo t1he 'VaMdity r,a.tes; A rrJ,ght which .came aptlJ .tJo lie described .as ' l\!Mket -cpm of -OUr OMel"B and 8.llSWet:mg them hi. this 18.ilg'ft8.ge : pef;itiou' .be.ca.use the _practice ~veil to -enluge .IWllrk.ets .Jlllld .ue '* • • " '1'.lhe •main tnsistl:-enee f!I 1.trat tbe!'e -;was D6 power veI. ewiaJ.Iy -dear "'that • • • bhe 41taitnte lodged. tin . the .es::i'Bteace •of oompetttion .11nd to auifhorizing tbe carr'ie- to ·meet tfue .carllier Ule .night to !!Xen:'.I.~ 111. i>t'imatey jnWer rt~ -eont.erned ·we.a prlaary. inot . abtliOlu.~, .since i.ts ex.er· .t:ton1 .aad tbEll;r 1relaUon 1Je pet.tll<>DC and iplaces, neeenrur.lly theJie went rtloo by 'llie --OiU'r.ie.r ;was madre ,by th&- ititatu.te ,tne sJ.Y.\iect .both .pt "111'.ita tbe power llhe rigkt to do tut by :whi
exerit.e.Cl, .aad tberefO!le a conilldera t1iXn 41f the ione mid 'the .cid'.her d• !'With the licbt ~d iv -the 11t•tementtJ. just made ~ (!Olll4' l&Bd the ·eM:abU«bment .of tll-e oasis brt-Ji.aul .elaueil ooly iconll'.!:itutlkmal but wiitbin itbe 'POWel'll di!iegated to :this commiaision, ;and thene beiag '1oilb4a;c •hi.ch ·minimHeB r0r 1dl.axwes tke a~ca· in harmony -wd:fill ttlne otlaer 1P1'M'iEiODB es :not .appe83.' •Wll'J' it is 1Uld :third sections. tt l0How11 tbait in Jtubstalnce ;tile .&ID$1dment thought 1:0 'be ia !the public :interest 1:h&t 11ower be withdrawn from the mtrlllllica.117 stablfl lll> Jlew mlile i0r p:clnciPlle, -but .tsnpJ,y sbifts .commissien to J.DCe&Crlhe the extent M melle~ tr om opesiatlon or the section ·the power• conb!rwd bty' the seetion ias lilt oqglnally Btoo.d : tha;t or to de so lfrO!llll time to time :a;s ~om a:riaes uncier the :edsting de, it 1Jak;es :from the cami!ml fJa.e deposiit d. publie pewer :JWe.. pt'oviffk>wl of the 1aW. viau&ly lodged dn ·them ;and '1'ea.te it rin rt.be oomm·i&liaa as a prl· U:ndet: :fotmfu--eeelli>a apl.1].iutieration following general situetions, rt:o -cita.rge t.1V1er rates -tor icmg.er rtha1n for due m c.o.nditloo1 iO'TI!ll" wlUcll itllef' ha.1Ve mo collltrnl ane unmnalq hi.git. illhordier dtin.nees .ov.er t.be J,18.IDe illne « :mute ·Jn !file same direction, to meet the CODl!llet1itiml. '"'- stnroipr .lines whoBe b:a&e, ..apena.tlng, a.nd the shorter being included within the longer distan1:e :: ftJt;a1Dcia:l , ~iiditions .a'l't! more - fava.ra~ :anoa .l'ine .-r ~etitl"OD. 'With -water carriers. F.or terrJ.t9cy. .It11 costs .of .operation ,are UJU"!.11.ll.lll~J ..blgb .()ll. .account ot lll!Dtlll'Ple,, relief has been gre.nted the ;rdJ. 1line .4>pea.tin~ bet:Jmen San thelie -oonciltlims, and it bas ~ sranted .l'ftl·lef te J».8lintnw 1:i:le same ~. • -caHf., iaM .Pvrtiand,, Oreg., 1poiJ:rt!I be~ -whieb :there ·1.11 rat;es to ant'l .trGlll ..N.ashl"ilie, 'Demn~, a.s the , tJtrim~ lln..e of. the Louis actual water competition, to ohiai=e iowtt za..tes 'than tbQse JWrllrtainiid ville & Nashville Railroad, although such rates ;a.r.e lovae;r th.an the ito .and from lutermedbllte :POintl iio"" tIJt s.m ~ancuoo. rates charged at mter.wediate points. :(3~ ·~ :meet te.0mmereial or mamiet 1Competit'°'1, :8J8 wheDe ra carrier It is hard .enough at ,bes:t ;for such carriers to continue in ol)e.mtioin ~ A seobi.en w.hose producta ;a.re lo oon:y,11etltion wiill. thcise of a.t .a.U. lf .fourth~s.e.c.t1011. .l'clief can .be gr.anted .to .en.nble them to other sections desires to establish rates to a J()mmDOn market 'J'rilieta will meet the .rat.es i€lcf s.tan.daJ'd Jines .between conwetiitl~ p9ints and ana;i.Ja~ ennblA! '(N:tlduceni oo its 34tre t9 •compete bl 1:hat tlll:Uket ;with ·_producers tain higher rates to £nd .from J>~intlil on their !OWill linea, tbe_y !Will Joe~ :ta ~ -Other .:aecilioas. .B4llief lin these oaties is ,gira.tiJted only IWlheDe the ,such .competitive ti:afilc as they now bav~ and .maey .Qf them will no iliae .or .route 11eeking relief is .at a substantial ..d,lsa.d-vantage as com· doubt .be forced to _suspend operation,, :with c.onseq_uen.t ~ea.t loss to ~uoo !With •tae clilles .or zoutes eer-ving toJQPetitiv:e pomts 11r !lleCtions town.s ,and fanning communities .served by them.. .of prodnebiou.. The .case of the Tennessee Central ts oot an isolated .case. Others 'The ·adeq,.af!7 -Of. mm'ket CQ19>petltlon 1:0 ftll.P!Po.rt fourttl-9eet1'E>n -relief I I"ike 1t exist in .almost every State 1n the Union, particularly through -under t"he ameGftmeot of t911f> bas lbeett noognizeft b:y 1!bie •Supreme 1 out the S.outb, as, for instance, the Georgia, Florida & Alabama, the Court. Gult & Shl,p Island, tbe "Kansas Cfty, Mexico & Odeot, and the Mis In 'United ~ates 1'. A. T. ,& ·8. 'II'. Ry. eo . .et al.~ :234 'U. S. 476, souri & North Ark8.Jlsas.. In all probability the two lines last named Mr. Chid lTuetice Whire said, among ·other things-: would not be in operation now 1f we bad not .bee». .able to ~ant them "..A1niost immed1a.tel7 after the .ado.Ptlon of the act to . ~late f(>Urth-section relief, so that they .mJ,ght Dbtaln traftlc to competitiv.~ commerce 1n 1887 • • • tbe lnter.state Commerce Cow.mission, points without reducing rates to and from points on their own .llnea. tn consi<'lerlng the meaning of the law and the scope of the duties Both of these roads serve extensive agricultural regions and many im imposed on the commission in enforcing it, reached the conclusion portant communities. 1924 CONGRESSIONAL RECORD-SENATE 8883
Dozens of similar instances might be clted. In many States the following effect should be inserted at an appropriate place, as, for State authorities, recognizing the situation, have permitted such instance, on sheet 2, after the word "points," in line 21: lines to charge higher intrastate rates to their local stations than to "Provided further, That upon application to the commission competitive points. The results to many short lines in various sec common carriers subject to the provisions of this act may in tions of the country will probably be disastrous if they are pr<>hiblted special cases, after investigation, be authorized by the commission from applying higher rates to intermediate points than to more to charge less tor longer than for shorter distances over the same distant points except where their routes are circuitous. line or route in the same direction, the shorter being included (5) To carriers operating under disadvantage due to conditions within the longer distance, for the transportation of passengers otller than circuity, as for example, where carriers forming a joint or property moving to or from a foreign country 01· a·depen certain differential Distance ls but one of the transportation obstacles which must be rail and water routes in competition with all-rail routes which make overcome in serving the public. ·Relief is confined here to a con ratPs between competitive points somewhat lower than those es· sideration o.f distance by rail between the same points. It seems to tablislled by the all-rail lines. be assumed that the applicant rail carrier or carriers will have only (6) To meet emergency situations due to drought, flood, and other one route, and that some other rail carrier or rail carriers will have abnormal conditions. For example, during the summer and fall of only another route. The applicant rail carrier or rail carriers may 1922, there was a serious drought in New Mexico and other south have several of these routes and participate in many of them under an western States which resulted in such a. widespread destruction of agency tariff. Some of these routes may be longer and others shorter the crops that livestock in that section was threatened with starva than some of the other routes. The provision here substituted tn tbe tion. The carriers agreed to establish rates on food products shipped blll gives us no clear guide as to how to deal with applications in case into these States on a basis generally not in exceess of 50 per of such multiplicity of routes, except upon the basis of distances alone, cent of the normal rates provided that they were not required to and does not indicate as to whether we may grant such relief to a reduce their normal rates to intermediate points unaffected by the single carrier which bas alternative routes of varying distances. drongllt conditions. Upon application relief to establish the reduced It has long been a general practice throughout the United States rates under the conditions mentioned was granted for a tem1>0rary to establish rates on a irroup or zone system; that is to say, by period. making the same rate or rates from and to all points within a certain Similar relief has also been granted temporarily to relieve con group or zone, which usually apply over all routes. This is the system gestion. For example, during the fall and winter of 1922-23 a whlch is now emp1oyed in publishing rates between eastern points and serious condition of this kind existed on the lines of many of the the Pacific coast. The territory lying generally east of the Rocky eastern carriers and in New England, and there was delay and dif Mountains is divided into a number of large groups, and the rates ficulty in handling traffic over these routes. One of the commodi from all points in each of such groups are generally the same to all tiei' et'lpecially aft'.ected by this condition was cotton, large quantities points in California. of which were on hand at some of the larger southern points. This A similar plan is followed in publishing rates between points in was badly needed in New England but could not be handled by the central territory and points in trunk-line and New England territory. all-rail lines without much delay and over some routes could not This method of stating rates is simple and convenient, and in some be handled at all. At this time there were several hundred thou cases ls of great advantage to the public at large where it is desirable sand bales of cotton at Memphis, Tenn., which merchants at that to maintain the producers of the srune territory on a substantial equal poi11t were anxious to dispo,se of and piills in New England to ity in marketing their products. Thus minej!I in coal fields covering a secure, but which the all-rail lines were unable to handle with any c:onsiderable area and served by dift'.erent lines, or shipping points in a degree of certainty or regularity, Upon application of the interested lumber or wheat producing section, also served by different lines, are carriers the necessary fourth-section relief was graI).ted to permit accorded the same rate to a common consuming territory. This is true mo-.ement through the port of New Orleans and thus relieve the of large industrial centers, such as Chicago, Pittsburgh, St. Louis, and emergency. The cotton was promptly forwarded to the New England others, which in many cases are grouped with the territory immediately mills. surrounding them for rate-making purposes. Often the rates to and (7) Applications are now pending before us for relief from the from points within the sweep of a long radius from these centers are fourth section to permit carriers to meet port competition. Tem the same, generally speaking, over all routes. Many of these groups porary i·elief has been granted pending the hearings and determination can not 'be maintained without fourth-section relief. of such applications. The carriers operating between central freight This bill disregards the oommercial and industrial conditions which association territory and the south Atlantic and Gulf ports now have have led to the establlshment of these groups. It make·s circuity or in effect rates applicable on export traffic from· central territory to the distance by rail lines the sole ground upon which relief may be granted south Atlantic and Gulf ports established to equalize those in effect from tbe absolute provhlions ot the fourth section, and then only upon on like traffic from the same territory to New York. Similar rates are .condition that the relief shall not apply at "intermediate points as to in ett:ect from south Atlantic and Gulf ports to· central territory appli which the haul of the petitioning line or route is not longer than that cable on import traffic. Many of these rates were established during of the direct line or route between the competitive points." Under thls the period of Federal control, and the carriers serving the south bill it will be impossible to maintain many of these groups and at the Atlantic and Gulf ports are asking for relief to continue them in order same time preserve the equality of rates over all reasonable routes that the southern ports may be kept on a parity with the north which now prevails. There can be no doubt that the general practice Atlantic ports. The rates from the northern and eastern portions .of ot extending the blanket rate to and from all points in a given group, central territory to New York are lower than the rates from points on as in the case of Chicago, has been instrumental in spreading the zone the Ohio River to New York. The application of the New York rates of industrial and commercial activity in these groups. It' is also from points in this territory on export traffic to southern ports there undoubtedly the truth that if these groups are required to be split up fore results in lower rates from northern and eastern points in central and rates made solely with relation to distance there will result a territory, such as Cleveland, Ohio, than from Ohio River cities, such as greater centralization of industries at points having the most favorable Cincinnati, and routes from Cleveland to southern ports are operated location. If the eft'.ect of splitting up these groups and making rates through Cincinnati, the higher-rated point. :;iolely with relation to distance is a greater concentration of industry Prohibition of relief to enable south Atlantic and Gulf ports to at points having the most favorable location, this will add to the con meet competition of north Atlantic ports will, no doubt, seriously hamper gestion at these points, which already is a matter of serious concern. the former and lessen their export and import traffic. If the bill ls to In practice the effect of denying relief under the fourth section is be enRcted, we think that au additional proviso substantially to tbs often to transfer the discrimination or prejudice to the intermediate 8884 CONGRESSIONAL RECORD-SENATE J\{AY 19
territory. For example, for years carriers have maintained lower alreaCly Investigated will be rescinded, and that the departures in such rates from Chicago, St. Louis, and other northern points to Texas Gulf 111tuationa, and in other situations protected by original applications ports than to intermedit1.te points in northern Texas and tn Oklahoma flied pursuant to the 1910 amendment whlcb have not yet been in and Arkansas in order to meet the competition of traftic coming by vestigated and passed on by us, must be removed · except where new rail and water from North Atlantic States. Assume a rate of 50 cents orders shall be entered after hearing as provi.ded in the bill and under from Chicago to Galveston when the rate to Oklahoma. Clty is 55 cents the conditions thereof. Humanly speaking, it ls manifest 'that we and to Dallas 60 cents. If relief ls denied, the carriers will be forced would not have men enough, or money enough, to hold the required either to cease meeting the rail and water competiti-On at Galveston public hearings within the six months. Nor could we ourselves con or to redudi rates on the direct lines from Chicago to a basis not ex sider and pass upon all of these situations within the six months. ceeding 50 cents. If the latter, a 50-cent rate will apply at points in The result would be that every carrier in the United Btates, whether by Oklahoma and north Texas on direct lines from Chicago, but probably rail or otherwise, must bring its rate structure into strict conforn'lity the carrler.s would not reduce the rates below the present ba.sls to with the fourth section at pern of Incurring prosecution and th~ penal points not on direct lines. Dallas and Fort Worth, on the direct line, ties proTided by section 10 of the interstate commerce act. If it would obtain a 50-cent rate. Wichita Falls, Tex., ln close proximity attempted to do this by incNa.slng all rates to more distant points so to both, ls not on any direct line from Chicago and would continue to as to clear the intermediate rates, numberless protests from shippers pay 60 cents. Similar situations are likely to exist ln numerous parts must be anticipated, with the inevitable result that many of the tarirl's of the country, with lower rates i>rojected through territories on direct would bave to be suspended by us under the provisions of section 15 of lines leading to other territories beyond, thus creating even worse the act. This would plaee on our docket hundreds of suspension cases, prejudice and discrimination between contiguous points than would which it would be impossible to dlepose of within the 6-months' period result from fourth-section departures. following the passage of this act, even under the most favorable cir As already observed, carriers by rail and water and e%press rom' cumstances. But during the same period we must pass upon the in panies are entirely excluded from this pro-vision. The competitl-0n en numerable situations where fourth~ction departures now exist which, countered at destlnation from all-water routes, as, for example, through under this bill, carriers may upon application and after hearing be the Panama Canal, and market competition, which has been recognized authorized to continue. by the Supreme C<>ur.t in the cases above cited as a valid ground for Our present work, moreover, demands our full time and attention. relief, are also exduded. Any serious effort to dispose of the tremendous amount of extra work Sheet 2, line 15 : The bill omits the words " because of such cir whieh would be thrust upon us by the passage of this bill could be cuity," which appear in the existing law before the words "granted made only by discontinuing work on complaints and other matters authority," etc., manifestly for the reason that under the bill no relief involving adjustments <>f rates now pending before us. It is manifest could be granted except because of circuity. that the additional work placed upon us by this bill would greatly Sheet 2, line 16: The bill inserts "rail" before "line" and "rail" increase the expense of administering the a.ct and call for additional before "route" in the words of the statute now reading "a more appropriation, ev-en though a longer i>erlod than six months be allowed direct line or route." This is to accord with the restriction to rail for the removal of fourth-section departures. Again, our power to lines already noted, as created by the bill. susp~d rates is limited to a period of 150 days, or approximately five Sheet 2, line 21: The bill omits the following words, which form months, and as 1t w~uld be utterly impol!Bible for us within that period part of the existing act : to dispose of the enormous number of suspension eases which must "and no such authorization shall be granted on account of merely inevitably result from the passage of this bill, many increased rates potential . water competition not actu·auy in existence : And pro would necessartly become eft'eetfve. vided further, That rates, fares, or charges existing at the time of Incidentally there are serious tari1f dl1Bcnlties and complexities to the passage of thic; amendatory act by virtue of orders of the be taken into consideration. It is more than doubtftll whether the commission or as to which application bas theretofore been filed carriers could make even a recheck and revision of their rates within with the commission and not yet acted upon shaU not be required the six months' period, to say nothing of the compilation of such rates to be changed by reason of the provisions of this section until the in suitable form for printing; and a oonsiderable time would be re fm·ther order of or a determination by the commission." quired to print and post and ftle the thousands of scbedules to be The words so omitted were inserted by the amendment of 1920, and reprinted atter the work has progressed to the point where the print the provision as to merely potential water competition put in ·statu ing may be commenced. tory form what had become the· practice of the commissiop. in dealing ~he etrect of such a wholesale revision upon the business of the with the foµrth section. The proviso constituting the remainder of. country would undoubtedly be disturbing and cause general unsettle the portion now omitted was necessary to preserve the status of ment. Every Jndustry in the country would be caught in the turmoil and adjustments which had been passed upon by the commission under pre the relationship of rates, so important a consideration to all producers, existing law or were still protected by the original applkations and manufacturers, and other shippers, would be thrown into such con was and is a necessary interim provision. fusion and uncertainty as to arrest the commerce of the United States, Sheet 2, line 21 : In place of the words thus omitted the bnI substi- both domestic and foreign.· There is nothing in the sttuation of any tutes a new proviso, reading: · particular section of the country which could possibly warrant such "Pro'liided further, That the commission may, with or without profound disturbance of the commerce of this country. During the r hearing, uPQn its own motion or upon apIJlication of carriers o~ year 1923 it aggregated nearly 50,000,000 carloads. shippers, in cases of emergency e'nch as drought or disaster, author If it still be the purpose of Congress, in considering this . bill, to ize during the continuance of said emergency any common carrier promote, foster, and. develop the free ftow of commerce among the or carriers to charge or Teceive a greater compensation for a States and with foreign nations, and to provide the people of the shorter than for a longer distance." United States with adequate transportation, then it must be recognlzed This provi.sion, it will be observed, embraees all common carriers, that this proviso, taken by itself, and in connection with the other irrespective of whether they are rail carriers or not. In so far as new provisions of the blll, ls incompatible with that purpose and must emergencies are concerned, it adds nothing to what is already within defeat it. the power of the commission, a power which has been exercised repeat In what precedes an ,interpretation has been placed on the words edly in recent years, but the bill limits the cases of l•mergency to "no common carrier shall charge less for longer tha-11 for shorter " such as drought or uisaster" and leaves out cases of traffic conges distances " more favorable than can be accorded to the worlls them tion and the many and varied other kinds of emergency which may selves. If this bill is enacted it certainly will be contended that the properly call for the exercise of remedial power by an administrative principle of the Cashnmn Act in Minnesota has become the law of the tribunal in the interest of producers, shippers., and consumers quite land and that under this proviso no common carrier, of whatever as much as in the interest of the carriers. Without pausing to develop type, shall charge less for a longer distance, wherever that may be, this further, attention is next directed to another new proviso. or in whatever direction, than for shorter. distances, wherever they Sheet 3, lines 2 to 8: The bill introduces into the fourth section may be and in whatever direction, for the transportation of passengers the following new proviso : · or property. This would make the lowest existing charge .maintained " Provided further, That after six months following the passage or participated in by any carrier, under any conditions, on any rnute ot this am.endatory act, no common carrier shall charge less for or any line of rails, the max1m'Um charge which could be made by it, longer than for shorter distances for the transportation of passen or by it and its participants in any joint rates, for a corresponding gers or prope1·ty, except by authority of an order of the commission distance, in any dil-ection, at any place on that route or those 1·alls. entered in compliance with the provisions of this amended act." The only relief from that situation, after the six months shall have Of this it m11.y be said that, however construed, it is absolutely un expired, would be by authority of an or
• 1924 QONGRESSIONAL ;REOO.RD__:..;SENA~_E ~
~eet s, ':u.ne 19·: !The only ·'(jhan:g~ 'hel'e 11tlade 1ls t®ei 1b1.read:t 1'.efetlted •.F<>r 'Cdnve:iaie.n~ 1n rl'N'e~e 'the ·t!tt!t -of {he ·two :p-r<>-vtses tlms sub to, the ·'Sdbstitution lty 'th~ bin of rthe '\\lord " whe~twer " ·!for rtbe' wor1l. : stfttttefl •by a.men4Lme:ft.t f~ : t11,e -pro'VMo ialJove- •fJ.l!lOlled 1W·i11 1be l.'eproouced 0 I tt!l--they apPeel' m ·1J~ 1 uneaded ~bill'repol"ted Mu·ch £4. " 1"Where\rer· DdW 1b the n~t. 1 (calenda..r da.y, tFor ;the teason11 !abo~e '-o.utlin~ l:'fVe ate ·vnable to 6X\;lre&s 18P\>rO'V'l>l March 25), 1924, beginning o:a lf!heet .B ·of rtha.t pt!tn-t at >line !l{i and 1 <$:f the ·bID. , 1 J • ending "On -sh~et r4 a:t line .ia. 6.'hey thus ,lfoUo-w tn •direct s~nC'e 'the H1ll:NRY 't~. 11b.LL; ' t'hafl1tttift.~ p!!ov-lso Qlf the rbl'igieal oill rblU:tsg. rt~ case~ of elhergen'ty, 1.'tlli!h as ... 1 ' ~'to~ht ror ftisa1j;er., 'Ut>On . "Wbich we made brief 'comment on ' p. ·28 'Camtnl~sloner Camfjbell ~sse'rlts. · of •dilr report to 1:he comni.ltttee'tdlllted l!listris •less lfor ttbe .J:ongeT thalll gesting .cer.tam complications that would ·&rise, ~d l shal;l ask ;fol' i:h>e ~horter tH~noe lbetween rtwo ]>dints ·(the .:shorter lbeitng to have it· printed .;Ln .tlre .REconn .m order tp.at t;h~ tJ:ouse com 'trrclm:ted -....tthih· tile l4)ng6:r ~h nna 1Vhich has ileen ,atl· milttee -may .have ..an .qp;i;>ortunity, to read it ,wb.en they c~me 'thdrizEld b'y the 'Cbttl'Jnies1on i)r lf1e : ~~ Which 'app'litatt.on lais beell te -consider the ;bill. Tib.ere are appended ta the com.municatiou 1l.led !With the rct)m.mtsid.f the int.erm~mntain section. I think they ii.ndioate 12 months' period such l'aite, lfabeen very ·p0sitiv.ely .that tlie ilnter.mountain States have grown, a:n.!1 authorized by order of the commissi-On, 1alfter ll-dnEil!l~, ~rond en • grown rapidly, notwithstanding the fact that the .transconti1 te11ed in ·eomplllianee wlth 'the ~ottsic!>n fof ftfu.is tact •as h~ttby :n.ental Jines tlil.a ve been ,permitted tQ c.P.a-r..ge. less for the longer .amended, .a·n& 4il11C'h M'dell.' hi11 proviso becomes tihe thiJ.fd wbieh qualifies ithe from the Interstate Commer.c.e Commission? opening .prohibition ·of -eectWn 4 .m the·-extsting law~ 'as ·iwell 11..S in. 1\Ir . .McLEAN. ¥.es.; signed biv the chairman of the Interstate tbe ~ri.gij.nal and amenciled l:>iHs. The fulat in 1ooth bills prov.ide&
Commerce .Commissi.on, .M.r. lla11. fbr -cases of •circultt 8.8 between tia·il lirres1 e:l!cloo·ing •other 'n ~ tihe second in 'both bilis m:ission authorized .to .give its views conceniiug the w.isdo~ . of pl'E)Viidee for t~milO!ra.t:Y .ftl>ief in snt!h oases •&f -emergency ais 1are ~islation '.pending .~ore O@ng1ress? , there designated, " with 01• without bearing," and iemb'ratea " any .Mr. Mo.LEAN. Xhey hawe .not ,hesimted to eX]!)ress their comm&n ear-rier -er .caTriers," whether by rail or not. views .to .the .11!l:terstate Commerce Committee as to the effect of T-lle -new , pr~viso, which becomes the third .in sequence, den-ls legislatioo, .and I .should hope the time would .never come ~hen enly with carri&s ey .uail, .and .consequently leaves i\lnatfectoo car that committee :would hesitate to .call.upon the Intei:State Com riers "en.gaged in bansportation ..partly b,- .raUr-0ard. and ,pa,rtly by merce Commission ,far their v.iews. water when both -are used .under a common -co,nt;rol, imaaagement, .Mr. WALSH -Of .Montana. Who is the present cha11"man or or arrangement for a continuous carriage or shipment," te quote tbe ,Jnterstate Commerce Commission.? from paragr8Jllh (.1.) (a) -0f, sect.ion 1 of the interstate >commerce Mr. McLEAN. ·Mr. Hall. aot. Such .rail and ' w~toc .car-r.lers .axe ..aow pr.otectecl .ta rBOme in 'Xhe ·PRESlDEN.'ir ,pro .tem13ore. Wlthou't objection, the re stlln~ .bif original applicati0ns made pLio.r to Febl:aur,y ,iq·., 1!>11, ~uest of tbe .Senator 'from Connecyicut ii9 .granted. 1 .not .yet .fully disposed .of, 11-nd 111 otbsr i~twces by outstu1ding The ,letter .amd ,statistics ar.e as follows : , orders, temporacy ior finlll, of this commissio:a. ~be bill does not l •NTillUSll'M.'J!l •ColllrdRCill OoinlitSS'It>'Nr. continue the protection, either under -Original .&pplicm.tions .or under ifi'ia.lrhitlogtoo, rA.priJ 14, 198.J. our orders, now afi'orded by the proviso rin ithe exJ.sting .act, .oimtted fl~n. 'GEOiu;l'tn P. M:dLl!IAN, - at sheet 2, line 21, .of tbe -Gooding bill n.a 'it was before, a.mend United States Senate. -" ment, and -referr-ed to on ,page .27 y the 'Senlite OOll:l'fillttee •6n Interstate 'Com·- elf.ec't (lines 1-6-11) &Dj' rate, fare, or . charge w.Jiiclil is less for 1nerce ·Of whit:!h "YOU · irr~ a ine'l'llb~, 'to lfhe 'oi'tgtmi.'l 1tlil1, S. 2327, i11h"o the l<>nger than for the shoh&r .fnclu.ded distance between two ,poin.ts, ·11n~ed 'l;y 1 senhltor 1Gobot'No, On. "which 1we ·hall -r~ed to 1f111it · com'm.It~ .and which has been aufhor.i.zed by the commissiou, .or a.s to which- tee oh '.M:a:reh ·rn. "'YdtJ. also ·ttivitell · ~e~® of vlt!Ws ·on · «tat~!!l*'1ltl!I " appllcafion has been filed with the _co~ission and -not rYet ·~O'll'tnined fa ' t'J:l'e • c(1fil.niittee · ~ort, '!Clo. r302, Which • a.c~ompa.'tfit?d rthe acted .upon, it ,shall not be .required to chuge such rate, fare. 'ninentl~d billi as reporte(l tb .t'he '°SeJia~ oh "~at'Ch ·214. I or .charge within 12 mon.t)J.s a.tter ;the 11assa.ge of .this ame11d- 1 at-Ory act/• {'ii.Des ·c~mp'llan~e 'wl'fh -yohr r'ct;tueSt 1'.'as 'Det!e~at~tJ. a. llittudy ~n·g reJlty, snpplelhe'lituig tis 17, 'fion. Under this amenament they would for .months after !ft do~s 'the re'passng~ o~ . the ,·bln,, a res~lt wblch is .p!obabj.Y not ·intenped. More 1l'b1e 'ba:s not' l}~tted cousider'a'tion of th'is1 reply by t'he comntlsslon, over, tbe effect ·of this amendment ~oola seem to be that no rail carrier but we believe it to be consonan"t ''Wi'th 'the cothm:l.ssfon's 1'Vlew, 'Cotn.- can be required b'y us, or by any other tribunal, to change ~Y rate. 'farJ, or charge "'now )n e"ti:ect "and 'covered by such or 'missicttM.- ~pb~ e~ceP.tetl. :. . a,i;ipHcati~u ord·~_;." w;tie't;iier attacked ~or unrea~onab'1eness, , u.l).just di.scrimin'.ation,, • On w. · ~ ~t seq. ' •of ·om .repott •dt Me!rch l~, 119lM, to 'Chliirman 1 1 undue prejudice, fourth-section c'l.eparture, or alfy ofher violation of. tbe •Smith "of 'tbe 'Senate 1Cl>'ill'niittee on · '.h1t~r8tn:te ' Co!D~N~e, "\V1' Wseussecl act, in proceedings already decided, now pending or .hereafter brougbt, ra •new 1p:t<<1Vifio, Wliich "W-Ob.Hl be •mserteCl 1D 't>nirag'ra:Ph {l) •of it:lle ·fourth 'tl1e sha11 'have . 'Tiiis resu1t a'I.iio can . hardly 'e~ctia'n 'by •S. 2327 ·e:s iiltr~llced 'by Sena'tor IGObJ>lNG on JFe11ruary 1, un~ll ~2 · Iho~1~s ~xpi~?d· ba.ve been lhteildeil. 'Btrt assumfug, if 'we may, that a legislative in- 'JJ.1124, lreadin~ : " · ' · 1 tent can be deduced to confine this exem~t'ion '.from required change '" Providel:l fd:rl!lrer, 'That !lfth·Six mtJhths fo116Wihg 'fh('Passage , 'tO ril'.teg, etc., as altehed 'by the f'olirth secdon, 'the 'result will s'till .be of this amendatory act, no common 'cltniei- sh'atl charge "'ess for 'ti> arreS't ·a'hd hold rn abeyance all hctio'n by ·us in pending or future •df 'longer than 'fin' shorter B:let-ahc~ f().r 'tbe lft'a.n8potta'l!ion '!Jas 'funrth-section 'apI>licationa, or In ~roceeffihgs on complaint where -s~ng(!rs 'or tirop~ty, •excel)t •mr atrt'tiotity ·df mi ·orCle'r 6f the •conr ·ro-urtb-section depa.1•tures ate il:'ttac'kM by compla'inants as 'Unlawful, 'missiob. •etttered 'til cbm'Plt1t11cl! '\v:lth the pro'\flsions ·'Of thls amendE:!a ttn'J.es~ such action ' wo'Ul-a be to -sanction tbe ·ra!tes now 'fn exislence. 'ft.et" I 'Pot in a'nofher war. • ~ co'U'ld' gt1l.nt re1lef, "15ut we ~ould not deny it rt lty 8.Il:le'ridtnent approved 'by the Mttinftttee on Ma?ch rn,' H.124, ilitli 'pro that dental 1n~blv!!l1 change 1n existing 'iates. 1 "Vlso ·wal!I 'rei>'Ittced b:V t'Wb ·new 'pro"Vi's'ds, ·a'Il!i t>a-rll'gr'atSh {2) itlrtcb 't1>1- ~he 'n'ew I>l'ov"1so ·th tin :pro·ceeds- lowelr the 'rept:'at!~d '.proviE!b · tn the or.igimi:i ·btll'-Wa.8 l>'b:iittea ,I ddtlbttess 'be " '):l.tlr thl'!mffrtel" it eith~r 'Mfol-e the comtt:lencement o? ·or withln ~11usa 'thll.t'l>tn 'pu1'Ifortid:o a:rneild '0'11.ly -parig\.iil:lh (1) Of st!ciffotl lt. t'he 'Era'fd 12 1D.'!>ntll.1t1 l>etlod ~heh 1'8.te, ·rare, or c'b·ar\0 shi1l have 8886 CONGRESSIONAL RECORD-SENATE }{AY 19
been authorized by order of the commission, after hearing, and one in a thousand presents some fourth-section departure, the number entered in compliance with the provision of this act as hereby of such rates would necessarily run into the millions. These ex amended, and such order shall ne>t be temporary in character." ceptional rates are in use all over the United States, probably on , (Sheet 3, line 24, to sheet 4, line 4.) · some line or lines of every important carrier. Many of them are , This reference to "such rate, fare, or charge, is to the rate, fare, used on important and extensive traffic and are in effect under the or charge " now " in effect. Under this provision the rate now in statutory relief afforded by applications filed prior to February 17, effect can not be changed _by us at any time after the 12 months if 1911, or by order made by this commission. Under the wording of before or during the 12 months such existing rate shall have been the first new proviso substituted by the amendment of March 19, authorized by our order. That rate would thus become immutable so 1924, apparently the commission will not only be prevented for a far as we are concerned and beyond our power to change with chang year from requiring the removal of any such fourth-section departures ing conditions. but will also be prevented from requiring reductions in any of such This order must have been made "after hearing." We have dis rates, from dealing with their reasonableness or unreasonableness, and cussed in our report the practical objections to that requirement and from removing any undue or unreasonable preference or advantage the sufficiency of the existing statutory requirement that we act in any respect whatsoever, which may exist with respect to any of "after investigation." This order must have been entered in com such rates. There are no doubt now pending before us a number of pliance with the act as amended by this amended bill. Orders entered formal proceedings involving many such rates which can not, under prior to passage of that bill could hardly satisfy this requirement, and the amendment, be disposed of for a year, thus depriving complain yet the provision last above quoted contemplates orders entered prior ants of the relief to which they may be entitled under the provisions to such passage. Furthermore, the order must not have been tempo of the act. The 12-month period now substituted for the (}-month rary in character. The propriety of temporary relief was touched period in the original bill is not open to all the criticism of the latter upon in pages 7 and 8 of our report of March 19 to the committee. In our report, but still affords Inadequate time, under any construc The new proviso then qualifies the provisions last above quoted by tion, for the many important adjµstments which would become neces adding: sary if the amended bill should be enacted. " for the purpose of allowing such carrier by rail to meet the You also invite an expression of views with regard to statements competition of another carrie1· by rail whose route is shorter contained In the committee report (No. 302) as to the hardships between said points." sulfered under existing law and the attendant arguments in favor of • This reiterates the limitations that relief shall only be accorded the proposed change. to rail carriers and further limits that relief to cases where com Our report ot March 19 to the committee is so wholly at variance petition is encountered from another rail carrier whose route is with the committee report to the Senate that analysis in detail of shorter. It excludes from consideration the compelling force, recog the latter would seem unprofitable if indeed it be appropriate under nized by the Supreme Court, of other forms of composition. It further the circumstances. To what extent the committee report reflects assumes that the other rail carrier will have only one route. That the whole record made at the hearings before it t:an better be de carrier may have several routs and may participate in hundreds, termined by the members of that committee. It portrays a situa some longer and some shorter than one or more routes of the appll tion of hardship and· oppression in the interior of the South and cent rail carrier, or the many routes in which the applicant partici West which, in the judgment of the commission, does not exist. pates. Such a statutory limitation imposes use of a criterion which, Two fundamentals seem to have been overlooked in that report. in practical application, would in many cases be found more perplex 1. At least 86 to 90 per cent of all relief granted by the commis ing than helpful. sion and still in force covers solely the meeting by circuitous lines It will be observed from this analysis of the first new proviso that or routes of the competition of direct lines or routes. If the indirect nothing In It calls for modification of what was said in our report to routes are not so circuitous as to result in wasteful transportation, the Senate committee except, beginning on page 28, as to the proviso no shipper, community, or section of the country is adversely atJected in the original bill which is in part replaced by this first new proviso. to any material extent by relief granted on account of circuity. The second of the new provisos, beginning at sheet 4, line 7, of the Certainly no undue prejudice or undue preference as between ship amended bill reads : pers results from such relief, and certainly the growth or development "And provided further, That nothing in this section contained ot no community or section of the country has been appreciably shall prevent the commission from authorizing or approving de affected by such relief. Tl;lat this is so is evidenced by the fact that partures from the provisions of this section in so far as ap for many years shippers have bad the right to file formal complaints plicable to import or export rates or to a block system of express with the commission seeking correction of their grievances against rates established by order or with the approval of the commission, carriers., and I know of no single one of the more than 15,000 com or permitted by it to be filed." plaints filed which attacked rates solely or primarily upon the ground The words " nothing in this section " w111 embrace the two para that fourth-section relief on account of circuity existed with respect graphs which compose it, viz, paragraph (1), here under amendment, to such rates, whether that relief had been granted by the commis and paragraph (2), left unchanged by this bill. They include the sion or "by the statute itself. prohibitions as well as the requirements contained in. both para 2. The only form of relief which in all fairness could be said to graphs. '.rhe etrect of this second new proviso will be to cure the atrect the growth or development of communities or sections of the exclusion of express rates by the original bill, commented upon at country is relief over the direct or "rate-making" Imes. Practi pages 4 and 5 of our report of March 19, 1924. It will also provide cally only two forms of such relief exist, (a.) to meet water competi for such situations as those discussed on pages 21 and 22 of our re tion,_and (b) to meet the competition of carriers leading to or from port with reference to export rates, maintained for the purpose of other markets or sources of supply. Little relief of either kind, par equalizing ports. It does not cover rates to or from possessions or ticularly the latter, has been granted since 1920, but, as explained in dependencies beyond seas of the United States. That traffic is impor our report of March 19, in some instances seriously detrimental tant but does not ordinarily come within the definition of foreign etrects upon certain carriers will undoubtedly result if relief can commerce. No reason appears why such tratfic should not fare as not under any circumstances b~ granted on these grounds. Such well as export or import traffic with foreign countries. No mention detriment to the ca~riers will in most instances be reflected in detri is made in this second new proviso of fares for the transportation of ment to the communities and shippers served by those carriers. If passengers, whJch remain covered by the prohibitions and require the railroads are not prosperous their condition is apt to be reflected ments of the section, or of charges, such as demurrange, storage, and in the territory served by them. other, incident to the movement of export and import traffic, which I may be pardoned tf I refer to one sweeping affirmative statement seemingly also remain covered by the other provisions of the section. in the committee report. This reads: With these exceptions, the matters laid before the Senate com "The West and South are treated differently than the East mittee in our i·eport appear to be st1ll pertinent and appropriate for in the matter of fourth-section applications; in the East no consideration. fourth-section relief is granted on account of water competition, Passing from this somewhat detailed analysis of the amendment notwithstanding in the East there are great waterways and in made on March 19, some observations more general in character may tense water competition. In the West there are practically no next merit your attention. inland waterways and the railroads of the West always have The number of published rates now in existence will never be known. been permittecl to charge more for the short than for the long They almost surpass computation and would certainly not repay it. hll.lfl to meet water competition." They cover almost without exception the movement of every article It is true that practically no fourth-section relief to meet water from any station to any other station on the railroad system of the competition is now extant in the eastern territory, but this ls because United States. The system embraces some 250,000 miles of road, and of two important factors, (1) the volume of traffic is so much greater the number of railroad stations named or designated in the tal'itrs there than in the West or S-Outh that it is not a matter of so much may range anywhere from 5~,000 to 100,000. The latter figure was moment to rail carriers whether water lines deflect traffic from them, recently mentioned in argument before us. It follows that the num (2) the level of the rail rates, because of greater density of traffic and ber of railroad rates available for use by the shipping public must consequent lower operating expense per unit of traffic, is lower in run into the billions. No one will ever· count them. But if only the East than in the West or South, particularly the West, and there ------11924 OONGRESSIONAB RECORD~ENATE 888T
ls little new;is-Uy for· Hductng the• &te.ndard :ran ft.Us to. ~eetr the wldeL hU ptotabQr bee.ft .¥ ma11Mci ht, th,,. lfiast a11d: Midd1Q West, 'W'bere 1 competition of water carriers. In otbe~ wordsi, the rail carriers ob- tb~rA , are · cotiipan.tlv~ · &tw! fo~ deputnrel!, ltlli ill the Soou·th ta.in without relief a fair share of the traffic aa against the water j and far West. What, if any, part fourth-section relief has played U. carriers, and accordingly little or n-0 such relief• ts1tn force. It abou]tJ. 1this general tendency toward centraliz!lti1,m of population in larger further b.e sa:id tllat, with re.spec.t to fourth-secUQn ,'rellef on accmmtr 1 citl~s is PfObl~matlcaJ, to say the le,&.st. l am Unabl~ to pere~ivi! that , of water <:QtQP.~Otion, the coi.nDl~ion has npi pursued a d.it'rerellt~ it h8Jl been. a factor to any appreciable extent. l attac~ two tables_· policy in the East from that ' whic~ . it has follQ1f'ed · ~ other sections ot• marked· "A1menq.tx ~ .. ancJ "Appendix Bi" showln~ grow.th in 'pouia the country, tlon of repr,e~entative cl~l~l!I in Ui,e interm9µntaln St~tes beginning with There iei, IQ , f11;ct little reU~, o-a eccount of wate:- Q.ompetition ·m. tpe. 1890 and growth in value of matiufactured products for five-re~r West. The onl)." important instances are Q()tween p~ts on the• P~clite · periods beginning with 1889.' The 'statlsticsi are taken from reports ot coo.st, a~ be.twe.e;n Portland , a.n(,), San Fr.a».ciseo"- o.t, between no~n 1 the United ,states. &lnMLllt of> t~e C~ a;ad nQtd' no conunent. points on the one hand and t~ Gulf co~t oountni on the otheio, t.o . For tbe · :r~uo:aa abo111~ . outl~e~.1-,1i11ppl~ijrp.-m those.··set·f'Ortb in· ouri meet the competition of water· lines from the- Atlantia seaboard oir 1 :repQtt to. th& c.omllllttee., we ai:e UB&ble to e%D?tss anpm-ytJ, ot tn~ : liill , from foreign countries. Since the ear)y part of 1918, or during a tt• ameadtd• I period of, ft-Wl'tt six years, the'l'e. has been abe()lnte~ no wa~er-cc;mi~ l J( a c. IDnL. o~. 1 tition relle~ , or /lDY relief ot)ler than that based ,ou, alrcufty as desc11b~ •above and similal' to that pJ'evAlent throughout Uii& eountry, includltlK• APPllNDI.JI . A >111 _1• I J the East, on westbound traffic whieh,involves the tn,t~ountain countey. P.OPUW.rioN There is practically no relief. QI\ ea.iattwun.d transcontinental tramc Rcpre,se1tfaJj~fl . aitie& af lnttiapJ.a'/Mllt~n.. Btates . . through the intermountain count~~- Wool,.1~ t)l,e- onlY important com· ; modity ® , whic.h such relief e:Qst&,, and the ex.Lstenc, of that relief e,t, this time is, direefiy due to the .wipension, at tb.,:re.quest of the iu.ter. f 191Q, ll!PO ·mountain peovle· themselv-es-, qt· t1U'iffi;; whfe~ the carriers, filed; w~, 1' • ·, • we denied relief and which would have corrected the existing de- AIJ:l01f.A i partures. Bisbee-••••••• ~ ------·--·-·-'--- ~ .~ ~--'!._ ._ ' t, ais 1J; Olt Throughout the commit~'& :rm>Qrt· bl th\& matter there is frequent Phoenix--·------·-·------··- • ,,,.052' · · 11, lal. t 1 Mfere:ra<:& tq, the. " int~" as, ~ teul~~. auins.t whie-h , ~ust, Q1.s· Tucson •• ·------·--·-· .. -··~----...... :iQ. 292' · lt,~ · ' crimination and undue prejudice have been crea.t~d. 1 b1 tb~ mapna J.n OOLOllADo w.hi~n : w.e, ht:1.y.Et ajltt;Unlftei:ed, th~ fo.urµi .se~t\Qµ, 1 1'hi&· tef~ i~ 1 its ,, · I broadest meaning would apply to all of the interi&r Qf t)l~ UJ¥tM, Colorado Springs ______··--···--·------30, 105 29, 078 21,085 t · Grand Junction------··-...... -r----~--p• s, 665 :.r• ~ Sto.~e~. hut; il.. probaJ:>JY! ref¥~ t~ th~ , t~.ri.tOfY iµtermediat6' Q ~he ~blo ______:_. ___ ~····-·-···--·-·---- ~- _ ,.,., ~m Ila,c,if\c. cQE1,St, Q\: t:qe &'0-~U~ inw91ov,n,to,in t(.!,r~itory, a.na tll~ iµt~iQl; of the South. I have already called ~tt~ttlltt to tile fl\rt ~ t~t fO.f ; the ' past six years there has been pra,c~rNJ.Y. V.:o fturtJ,r~~:tt i:e~~ to 21, 8,93_ I F1 ~5'. 2,.311 3,951} • 3 670 2,861 and,, f:rom 1;he. intty:moun~n ·terl')ito-.r". eK~pt. tP{ cir~Upu'1 1 li~ · in ~!no s 1 if:.o 8TB J , •, 1 ti Qrper to e]).JL,ble tht:m. t() qieet, the, ~M~. on 1dqeQt!. lb.e&; , aad wq~~ver conditi~;ns, may, e.x.1$t ~t P.Feseµt , ~ thllit rpgis:>,n ~ ne.t,, ~ &aid tQ , be :MONTANA f , , , ~975 due to fourth-section reli~. 1 lJ...161, ' ~w. t~:~_~:::::::::::::~::::::::_::::~::::: I 15, 100 lA WI' I 536 Ip the SQRtJl there a+il. import~o( JUpl'-ti~H· ''".h&N ~U o~~ fibe l'~tes 6 183 .... 19. lm' 2, 143 'h!lve not yet. twe~ ad,i~s~~ s<> &Si to con:l!opn w th~ 1mn:-i~AAs. of ~e. ti~~E~:::::=::~::i::::::::::::::::~: 41~«1.l t ~'iMi- W,:723 fourth section. These are being corrected as rapidly as possible. Tb~ Kalispell ___ ------··------··--- 5, 147 5, 549 COIDIDiSSiOn hO.S for l\. , ~b~ -'j>f ilWl.ths.past beell aftiV~ i.Df~tig~ting \ff r NEW l1.EX1IDo the entire class-rate structure in the SQut.Q , wiµi! a riew. :~O ~ geµwal Albuquerque ___ ~ --- ~: ______: ______1 ik;t5T· 11, O'lO e. ·~~ s, 785 revision which wlU, remoVI'} ii,ll, e~iq~ .foµrth;sec~a,, , ~a;t,tpres Santa Fe----·------·------·--- 7, 236 5, 072 5,603 I e.~ tperein exce11t UJ;lon, tbe grpund of cir.<:\lity a:o.ci_, wil~ di&'P~

pending applications in so far a~ the.y in.v,olve, cJass. J.11.t~, , tJre ·, ~1~ I " •• l 1 ' ; 01~ I 11 Jl •• h. . I I 'l J. > ; I • I I • I ' I rate readjustment to be fglll;nv:~d a-s pt~tlJ'. llifl po$Biblei ~ 1 , sUUJ.o.r Ogden ___------·--··----- 3:4.li!IW. 1 ., :7.1i,5'lO, I rl6.;l13.o teadj,ui;i.tlt\eJ,:\t o! 8;11 co~ooits; i:a.te.s,. tbua. disp~1nfr of· a:U ~~tions Provo __ ------·-···--·----··-·------10, 303 8, 925 6, lM 1 Salt Lake Qit;y\...... ------,.. ,.-:-~-.--.-~·... ·~ 113, 110 92.Pl·: 53, 531 in the South. ,, 1 ' I .. '• /i It ha,~ ~ot come to our &tt~ntio• t~ , q.µ._y _ ~•rtiop- of t:h,(i. popu~tion '\'fYf:UIINO .,· r: ii 1 1 11,nti 14, 087 ll._690 l\ZR·I 3, 2fJl 6,388 ~!c:i~~s ~~~~~~a~o~~~~~~~:t h::t!':e~r~!::t:s!° ' :r r:o~;t~e:;: ~E~~~~=== ·~:. ::,..·::::::::::::. ::::~7.·.:. =T: 9~ g~75 1;14189'· 1, 559r I 281 ri:µIe.f either. gr~tjl.d or. e:p~i-Rg bf. reason Qf a..AAlicat~J · not p&Med - '" - • 1 upon. Qn tJ!e- coutrllJ:Y,., as is weU ~J\OW,q., ~~ ~ ~~ ~ . stea.4~ : 36,848 19.q~er citl,e.M, f.Qr a. n.WDJ:>e~ o:f ye~r& J;lut. ~ j?ll~WIWt•a. ~t¥>n· ;.I: Al'f~N!DIX B I I ,,,, •I lf.U.VK OF· ;l!l~UJ!'.&.CTURED"1 l'~UC'Jrt , ·;1 11 I j J / 1.l p.I ....,..1 J ! ~ ·, 1 l'ntf"~.,_tain States · [Qo:rn~a.tive.~J'i 1919, 1914, 1909, l~ awl 1899]

Ull9 r i·' · loo.4. 19M 189'1 I J '· 1819-i . . ~ . I) 190dt ~ •;. I 1 $50,:258,694 $28, 083, 1112 ~.~9f!!T ' BIH 2'.5 79. 0. I 37.4 ~~ki~~ 3,001,~ · l83. 0 161;.5 19Z..2 MMtans.,..,..-••..., .... ------r~·-·---· .. ---~·--r·--.--- ~r ' loo. 664. PilS.. l 8'l. 444.,l;J.6 ~271, 7~3 ' 66, 415, 452 02, 744, 97.4 ~t- 10.3 25.9 .. I New Mexico. ------r--··----- ...------·-r------i.T, ~ ~ 9, 32Q, 067 I ,'89!1, 7 6 : 5, 706, 889 4, 080; 924 I 00.. 6- lS.O 38.4 4&.IS 1 61, 989, Z77 38, 926,464 17, 981, 648 80. 2 40.5 B!l.21 ll&i ;~t;:mbii::::::::::::::::::::::::::::::::::::::::::::::: : tt =: ~' ' •~r: ~~ mI I -6,.!¥9, 078 , 3,~.,260. 3, . f16B.~ G26..7, i 7¥.;-6 '7.4 7.8

The PRESIDENT pro tempore. The question. is. OD. ag~eing " ca.rrier," I move t.o s~ik~ QU.t. the worqs u by r.aU " ; ill line 9; to the amendment pro.J.'Osed by the S~nator, from l.daho [.¥r. aftef the word .. ap~Itcant,., tQ str~ke •out the worU.- " i:.all, .... anq GQODING] in, the mlture · of a substitut~ fQr the aIJleDd):nent, of after the word "or •t strike out.. tpe word •• rai\ ,.. ; and· !Ji. line 10. the comm! ttee. aftel': the word" some," strike out the word ••othe:(.'1- The amendment to the am~uµm~nt was agreed.to. 'The PRE.Su:>EN';r pro tempo.re. The aµiep.dm.ents wnt be The amendm~nt as amended was agree51 ·to. , stated. · Mr. PITTMAN. For the purpose Qf havjng the bill con(orm The READING CLERK. On page 2, U'ne 5, after tJie word " 1ca.r• to the amend,ment th11t was di~posed of on Saturday, I ' offer the i;ier," strik~ out the words "b>. r~il "; in liAe 9, · atter ·t.he word following amendments : On page 2, line .5, after the word " ~pplieant.;, ~rfke out the ~ord' " rail... ,"";· i)l llhe 9; befor~ thQ 8888 CONGRESSIONAL RECORD-· SENATE

word "carriers," strike out the word ·" rail"; and in line 10, The result was announced~yeas 54, nays· 23, a·s follows: after the word "some," strike out the word "other," · so as to . YEAS-54 read: ' Adams Dil1 King Reed, Pa. Ashurst Edwards Ladd Robinson That upon application of . the commission a common carrier may, Bayard Ernst Mc Kellar Sheppard after public hearing, be authorized by the c~mmission to charge less ,Borah Ferris McNary Shi,Pstead Brookhart Frazier Neely Simmons tor longer than for shorter distances fo.1; the transportation of pas Broussard Gooding Norbeck Smith sengers or property only in a case where the route via the applicant Bursum Harreld Nol'l'is Smoot carrier or carriers is longer than via the route of some rail carrier or Camero.n Harrison Oddie Spencer Capper Heflin Overman Stanfield rail carriers between the same points, etc. Caraway Howell Pepper Sterling Copeland JolmSO!'J Minn, Phipps Wadsworth The PRESIDENT pro tempore. The question is on agreeing Cummins Jones, .N. Mex. Pittman Walsh, Mont. to the amendments proposed by the Senator from Nevada. Curtis Jones, Wash. Ralston Mr. McLEAN. I think the Senator ought to explain briefly Dial Kendrick Ransdell the purpose of the amendments. I do not know that it will NAYS-23 Ball Elkins Harris Trammell make any difference in the vote, but sometimes it is advisable Brandegee Fernald Keyes Walsh, Mass. when we are amending the transportation act to know what Bruce Fletcher McKinley Warren the author of the amendment considers will be the effect. Colt George McLean Weller Dale Glass Moses Willis l\fr. PITTMAN. · The proposition is simply this: The act Edge Hale Swanson itself defines what is a common carrier under the act. A com NOT VOTING-19 mon carrier under the act is a rail carrier or a joint rall-and Couzens La Follette Owen Stephens water carrier under the same management or control, or acting l!'ess Lenroot Reed, Mo. Underwood together with joint rates. The term "coinmon carrier" covers Gerry · Lodge Shields Watson the definition. Greene McCormick Shortridge Wheeler The PRESIDENT pro tempore. The question is on agreeing Johnson, Calif. Mayfield Stanley to the amendments submitted by the Senator from Nevada. So the bill was passed. • The amendments were agreed to. EXECUTIVE 'SESSION Mr. KING. What is before the Senate? Mr. EDGE, Mr. WARREN, Mr. KING, and Mr. LODGE . The PRESIDENT pro tempore. · There fs nothing before the addressed the Chair. Senate except reporting the bill from the Committee of the Mr. KING. I had the floor a moment ago, Mr. President, Whole. as I understood. Mr. KING. I shall wait until the bill is passed, and then Mr. EDGE. Mr. President, I think the Presiding Officer shall ask the Chair to recognize me. recognized the Senator from New Jersey. · I so understood. The PRESIDENT pro tempore. If there be no further Mr: LODGE. Mr, President-- · amendment to be proposed to the bill as in Committee of the Mr. WARREN. I claim the floor. Whole, it will be reported to the Senate. Mr. LODGE. l\Ir. President, I rise to a question of order. The bill was reported to the Senate as amended, and the The PRESIDENT pro tempore. The Senator will state it. amendments were concurred in. • l\Ir. I~ODGE. There ls a unanimous-consent agreement to The bill was ordered to be engrossed for a third reading, and go into executive session to-day, I think. was read the third time. · The PRESIDENT pro tempore. There is a unanimous-ron The PRESIDENT pro tempore. The question is, Shall the sent agreement to hold an executive session before the day is bill pass? · over. Mr. BRUCE. I call for the yeas and nays. Mr. LODGE. I thought it was for 4 o'clock. Mr. MOSES. Mr. President, I suggest the absence of a Mr. KING. I think it was. quorum. . . Mr. LODGE. I thought the hour was fixed. The PRESIDENT pro tempore. The Clerk will call the roll. The PRESIDEl'i'T pro· tempore. The hour was not fixed in The principal clerk called the roll, and the following Sena the unanimous-consent agreement. tors answered to their names : Mr. EDGE. Mr. President, if I may-- Adams Edge · Jones, Wash. Ransdell Mr. LODGE. Then, Mr. President, I move that the Senate Ashurst Edwards Kendrick Reed, Pa. proceed to the consideration of executive business: Rall Elkins Keyes Robinson · Mr. EDGE. Mr. President,· I move, as an amendment to Bayard Ernst King Sheppard Borah Fernald Ladd $hip stead that motion, that the Senate now proceed to the considera llrandegee Ferrie Lodge Simmons tion-- Brookhart Fees McKellar Smith Mr. LODGE. The Senator. can not offer an amendment to Broussard Fletcher McKinley Smoot Bruce Frazier McLean Spencer that motion. In the first place, it is a privileged motion. Bursum George McNary Stanfield Mr. EDGE. I wlll withhold my motion, then. Cameron Glass Moses Sterling ·The· PRESIDENT pro ·tempore. · The question is on the mo Capper Gooding Neely Swanson Caraway Hale Norbeck Trammell tion of the Senator from Massachusetts that the Senate pro Colt Harreld Norris Walsh, Mass. ceed to the consideration of executive business. Copeland Harris Oddie Walsh, Mont. The motion was agreed to, and the Senate proceeded to the Cummins Harrison Oyerri.1an Warren Curtis Heflin Pepper Weller consideration of executive business. After 1 hour and 50 0 Willis minutes spent in executive session the doors were reopened. . Br!~ Jlo hri~n, Minn. ~~fJ:!n Dill Jones, N. Mex. Ralston EXTRADITION WITH LITHUANIA The PRESIDENT pro tempore. Seventy-eight Senators In executive session this day, the following treaty was r:ati have answered to their names. There is a quorum present. fied, and on motion of Mr. LODGE the injunction of secrecy was ·The· question is, Shall the bill pass? On that question, the yeas removed therefrom : and nays have been demanded. - · The yeas. and nays were ordered, and the roll was called. To the Sena.te of the United States: Mr. LODGE. I have a general pair with the Senator from To the end that I may receive the advice and consent of the Alabama [Mr. UNDERWOOD]. Not knowing how that Senator Senate to ratification, - I transmit herewith a treaty for the would vote, I withhold my vote. If allowed to vote, I should extradition of fugitives from justice, signed between the United vote "nay." States and Lithuania at Kovno on April 9, 1924. . Mr. WILLIS. My colleague [Mr. FEss] ls unavoidably absent CALVIN COOLJDGE. on this roll call. I am informed, however, that if he were THE WHITE HOUSE, May "/, 1924. present he would vote "nay." · Mr. ELKINS. I have a pair with the Senator from Okla The PRESIDEN·r : homa [Mr. OwEN]. I transfer that pair to the Senator from The undersigned the Secretary of St~te has the honor to lay Ohio [Mr. FEss], and vote" nay." . before the President, with a view to its transmission to the Mr. EDGE. Mr. President, I wish to get the floor at the Senate to receive the advice and consent of that body to rati conclusion of this business. I have already voted. fication, a treaty for the extradition of fugitives from justice, The PRESIDENT pro tempore. The result has not ·as yet signed by the plenipotentiaries of the United States and Lithu been announced. · ania, at Kovno, on April 9, 1924. Mr. WALSH of Montana. I desire to announce that my col CHARLES E. HUGHES. leagUe [Mr. WHEELER] is necessarily absent on 'business· of the DEPARTMENT OE' STATE, Senate. If present, he would vote "yea." .Wa.shington, May 5, 1924. 1924 CONGRESSIONAL RECORD-SENATE 8889

The United States of America and Lithuania. desiring. to pro where the amount embezzled exceeds $200 or Lithuanian mote the cause of justice, have resolved to conclude a treaty for equivalent. the extradition of fugitives from justice between the two coun 17. Kidnaping of minors or adults, defined to be the abduc tries and have appointed for that purpose the following pleni tion or detention of a person or persons, in order to exact money potentiaries: from them, their families, or any other person ·or persons, or The President of the United States of America: for any other unlawful end. Frederick W. ·B. Coleman, envoy extraordinary and minister 18. Larceny, defined to be the theft of effects, personal plenipotentiary of the United, States of America ; property, or money, of the value of $25 or more, or Lithuanian The President of the Republic of Lithuania: equivalent. Ernestas Galvanauskas, Prime Minister and Minister of For 19. Obtaining money, valuable securities, or other property eign Affairs; by false pretenses or receiving any money, valuable securities, Who, after having communicated to .each other their respec or other property knowing the same to have been unlawfully tive full powers, found to be in good and due form, have agreed obtained where the amount of money or the value of the prop upon and concluded the following articles : erty so obtained or received exceeds $200 or Lithuanian ARTICLlil I equivalent. It is agreed that the Government of the United States and the 20. Perjury or subornation of perjury. Government of Lithuania shall, upon requisition duly made as 21. Fraud .or breach of trust by a bailee, banker, agen~ herein provided, deliver up to justice any person, who may be factor, trustee, executor, administrator, guardian, director, or charged with, or may have been convicted of, any of the crimes officer of any company or corporation, or by anyone in any specified in .Article 11 of the present treaty committed within fiduciary position whe1·e the amount of money or the value of the jurisdiction of one of the high contracting parties, and who the property misappropriated exceeds $200 or Lithuanian: shall seek an asylum or shall be found within the territories of equivalent. the other ; provided that such surrender· shall take place only 22. Crimes and offenses against the laws of both countries for upon such evidence of crlminalty, as according to the laws of the suppression of slavery and slave trading. the place where the fugitive or person so charged shall be 23. Willful desertion or willful nonsupport of minor or de found, would justify his apprehension and commitment for pendent children. trial if the crime or offense had been there committed. 24. Extradition shall also take place for participation in any A..RTICLl!l II of the crimes before mentioned as an accessory before or after Persons shall be delivered up according to the provisions of the fact, provided such participation be punishable by imprison the present treaty, who shall have been charged with or con ment by the laws of both the high contracting parties. victed of any of the following crimes: ARTICLll III 1. Murder, comprehending the crimes designated by the terms The provision of the present treaty' shall not import a claim parricide, assassination, manslaughter when voluntary, poison of extradition for any crime or offense of a ·political character, ing, or infanticide. nor for acts connected with such crimes or offenses; and no 2. ·The att-empt to commit murder. person surrendered by or to either of the high contracting 3. Rape, abortion, carnal knowledge of children under the parties in virtue oft.his treaty shall be tried or punished for a: age of 12 years. . political crime or offense. When the o:f:T'ense charged comprises 4. Abduction or detention of women or girls for immoral pur- the act either of murder or assassination or of poisoning, either poses. consummated or attempted, the fact. that the offense was com 5. Bigamy. mitted or attempted against the life of any sovereign or head 6. Arson. of a foreign state or against the life of any member of his 7. Willful and unlawful destruction or obstruction of rail family shall not be deemed sufficient to sustain that such crime roads, which endangers human life. or oft'ense was of a polltical character, or was an act. connected 8. Crimes committed at sea: with crimes or offenses of a political character. {a) Piracy, as commonly known and defined by the law of nations, or by statute; , A.RTlCLB IV (b) Wrongfully sinking or destroying a vessel at sea or at No person shall be tried for any crime or offense other tban tempting to do so ; that for which he was surrendered. (c) Mutiny or conspiracy by two or more members of the ARTICLE V . crew or other persons on board of a vessel on the high seas, for A fugitive criminal shall not be surrendered under the pro the purpose of rebelling against the authority of the captain or visions hereof when from lapse of time or other lawful cause, commander of such vessel, or by fraud or violence taking pos according to the laws of the place within the jurisdiction of session of such vessel ; which the crime was committed, the 'criminal is exempt from ( d) Assault on board ship upon the high seas with intent prosecution or punishment for the offense .for which the sur to do bodily harm. render is asked. 9. Burglary, defined to be the act of breaking .into and ARTICLJll VI entering the house of another in the nighttime with intent If a fugitive criminal whose surrender may be claimed pur to commit a felony therein. suant to the stipulations hereof be actually under prosec'ution, 10. The act of breaking into and entering. the offices of the out on ball, or ln custody for .a crime or offense committed in Government and public authorities, or .the offices of banks, the country where he ha$ sought asylum, or shall have been banking houses, savings banks, trust companies, insurance and convicted thereof, his extradition may be deferred until such other ('Ompanies, or other buildings not dweilings with intent proceedings be determined and until he shall have been set at to commit a felony therein.. liberty in due course of law. 11. Robbery, defined to be the act of feloniously and forcibly taking from the person of another goods· or money by violence ART'ICLJI VII or by putting him in fear. · · If a fugitive criminal claimed· by one of the parties hereto 12. Forgery or the utterance of forged papers. shall be also claimed by one or more powers' pursuant to treaty 13. The forgery or falsification of the official acts of the provisions on account of crimes committed within their juris Govetnment or public authority, including courts of justice, diction, such criminal shall be delivered to that State whose· or the uttering or fraudulent use of any of the same. demand is first received. 14. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by ARTICLE VIII national, State, provincial, territorial, local, or municipal gov Under the stipulations of this treaty neither of the high con ernments, bank notes or other instruments . of public credit, tracting parties shall be bound to deliver up its own citizens. counterfeit seals, stamps, dies, and marks of State or public ARTICLJI IX administrations, and the utterance, circulation, or fraudulent The expense of arrest, detention, examination, and transpor use of the above-mentioned objects. tation of the accused shall be paid by the government which 15. Embezzlement or criminal malversation committed within has preferred the demand for extradition. the jurisdiction of one or the other party by public officers· or depositaries where the amount embezzled exceeds $200 or A..RTICLll X Lithuanian equivalent. Everything found in the possession of the fugitive criminal· 16. Embezzlement by any person or persons hired, salaried, at the time of his arrest, whether being the proceeds of the or employed, to the detriment of their employers or principals, crime or offense, or which may be material as evidence 1n mak when the crime or offense is punishable by imprisonment or ing proof of the crime, shall so far as practicable, according other corporal punishment by the laws of both countries, and to the laws of either of the high contracting parties, be delivered 8890 CONGRESSrON~n REOORJih-SENATE up with his person at th~ time <1fi 8lltTender: NevertheleM, the In witne•rwheroof the above~namM 1 plenlpotenttarles have rights of a third party with regard to the articles refe~d 1 1o signed the present tooaty and-have hereunto afilxed their seals. sball'be dnly respected. ' 1 r iDone in duplicate· at Kiannas this 9th day of April, 1924. AR~CLJI Xl ' • 1 'II [&~AL.] IJ'. W.. B. CoDEMAN. The stipulatiohs of the present t'r~a.ty shall be· applicable to [SEAL.] GALVANAUl!IKAS. ~ r ~11 territory wherever sitµated, belonging to either of. tlie 1hlgh contracting parties or 111 the occuvaney and' und&r the' control TRA. V.EL.ING SALESMEN• IN CO-STA RICA· (>f either of them, dUrlhg-sueh occupancy 01' control. In executive session th!'S day, the'. f'Oll0Wi11g convention was Requisitions f9r the. siurrender of fugitives from jµstlce sha:Il ratified, and Qn motion · ot '.M'J'. LoDGB th~ injunction of secr.ecy be made by tJ1e respective diplomat\c agents of the high con 'i(1J! removed therefrotn :- tntcting parties, In the event· Of the absenee of such· agents o the Senfi.ta :. • :froni th~ ·country or- !ts seat of government; or where 'extt>e.Cli 1 tton is sotiglit tram territory iheltlded• in the preceding pa.re. . 'Ip the. eQd that J, maY1:r~eive the. &clvj..ce a.nd1 oonaent of tne Senate to ratification, l transmit berewftn a conv~ntip~ tQ graphs, other· than the United States 0r Lithuania, reqo.1sitlons may be made by superior cons11lar officers. It shall· be• eompe facilitate the work of traveU.ng salesmen, and a protoco\ sup· tent for such diplomatlc or suvertor censula'r omcers to ask' and ~ie.Il1el\tury t.4erem,, both si~~c;l QY the., :ple.niJ;lotentJ. ari~a ~f the obtain a µiandate 1 or prelltb.inary warmnt of ·1arrest· tor- tbe unu..ea ~t?-t~ 8t~a Oosti:i :i;iy t;ll' .e PJ.'10~\lced. 1 It• . ho~ver, , th~ ~iiYl'l8 · ~s , Davis, 11 errv6y ertrllordinary a1;11111 mititster pl~nipote,ntin.ry of lll:eJ'SJ3,, cbarged wi.tl\r qrJz;na~ Jili · dlJly ~UJ.tJlanti~l\ted .. qo~ . q~ . tJi,a the United States in Costa Rica~ a:n~ t-he President bt Costa warrant of arre~- in,- tb~ J!.QUWWYt w:QEtr-e. ~ £;r~we 1 ??'~ 1 mw- I p• p ""' d J\.H l Ob :ti• b Mi . ist , t Publi itted, and of the depositi."n"' unon which such warrant may , .\~icµ, ,.... r~· 4fgne regon ~zan ' n er o c m "'r" ,.. Efiucatiofi, in f.Ilchai'ge hf' the' :PO"rlfoUb of FO"tetgn Relatfona 'of bq.y~peE}l;l issued, shall be produced, 1 w:ith su~h other evid~nce ~osta . Ri.<;al ~o, having co~unicated,.: clf P.nCh otb.et thA.fr o'r ' dot'.,as may be' '1leernM cb?nnetent 1n the ca:Se.1";Ill"either 'i ..i: - L. :4 -n "t ..,~ ..- ~t J full J)owt!rs, 1Ch w~re ' 1otmd· t6 be in' utte form,, ha-ye &greed case a duly authenticated te!'t:t- of the ta.w mider 1which 1 tbe unQn. the fallowinf!' articles: . charge is made shall be attached.. •1T' lo .-·11d11.1r11 P i, 11., •1 IJ 1d ., 1·1· ·.1, ,; 11 1 1 1 1 • 1· • Alt1.'ICLiJ 1:t:1i•J: tH l 1 ' ' '' '' 1 • ·" !' ~ tl •1 J ' J ~~~11'! 1 ;,, 11 • • • 1 ~, , .,,, ",, ···-···· , • , . ...,_ .1 L ·...i , 1 1r l\fa.uufa.ctufera, i;qer()h~iSt 1 P,n~ tM..<\er~ . Q<>m.IW1ed witJ:u~ · 1 t.4~ .', l'.:q. ey~Y, 1 Cf~lile , Q~ ~ fflqµel3t , P!~tl~ 1 ~f ., ellp~\" p~ . t~~ 4f~»- cqn,~ , jurisdi~tlon ()f OlliM)f· thft1bigjl QPB,tJ.'8,Cting-,pQ.l'tiieSl lll&l' opel'llte· ~acting, P.~i;ti~ fo;r · ~M u,I't'Ef~· p.etep.tlffi\,, Qf etcb..'f:1.94tlon, pf~ .~uil- . as commercial travelers either personally or b~ JD~~ o:( ag~ Uy~ Q"Slnlpp.Is, t,be a~nw~mrJAf:¢ ~i¥ 1 , 9,:tncer~ · o· ~· t~e :cP .~tJ:~ on enu;>I.oy,ees:withUt... the. jqriNdJnti~ Qf t~ otJwr fligli .contra(!t where the proceedings of exrradltlon are had ~{ill.. asai.l1 .~ 1 tl\~ , ing party on obtaining from the latter, uponJ DP.Y.man~ qf a; officers of the government dpmaµd+n~ the extradition befoi-e tlle l single· f~, a, Unetise wbiqb.J shaU be1vaUd: ~ro~b,Qui ibf, .,ntire ],'e~Uy~ Jq~'tS axw . m~gis,tr:~e,$ l;>f ' ev~q , lf~l WM~ ',"it:Q.in : b!rritori.W jurifjdictt~n1 I ! I ' • , I J . ' ' ! ~ei>; , :nower. 1\.llq, l1a - Icountry fon tJie. D11rpo~1 shall be vitfOOtitracting pn.rties. ject~ without commerclal value. ' . . ' . ' r I J .J I I l ·1 1'1 t., 1 n[.i'3 ~ dlf I 11111 •J 4J · Iu· 1 I' J ., 1924 CONGRESSIONAL R.ECORD--SENATE 8891

ARTICLE .V licenses. The said customs officials shall immediately transmit Samples having commercial value shall be provisionally ad· the appropriate documentation to the said central office, to mitted upon giving bond for the payment of lawful duties if which the licensee shall thereafter give due notice of his in they shall not have been withdrawn from the countr~ -within a tention to ask for· the renewal or transfer of his license, if period of six ( 6) months. ' . · these acts be allowable, or cancellation of his bond, upon his Duties shall be paid on such portion of the samples as shall departure from the country. Due notice in this connection will not have been so withdrawn. · be regarded as the time required for the exchange of cor ARTICLE Vl respondence in the normal mail schedule, plus five business All customs formalities shall be simplified as much as· pos· days for purposes of official verification and registration. sible with a view to avoid delay in the dispatch of samples. ARTICLE III It is understood that the traveler will not engage in the sale ARTICLE VII of other articles than those embraced by his lines of business ; Peddlers and other salesmen who vend directly to the ('Oil· that is to say, he may sell bis samples, thus incurring an obliga sumer, even though they have not an established place of busi· tion to pay the customs duties thereupon, but be may not sell ness in the country in which they operate, shall not be con other articles brought with him or sent to him, which are not sidered as commercial travelers, but shall be subject to the reasonably and clearly representative of the kind of business license fees levied on business of the kind which they carry on. he purports to represent. ARTICLE VIII ARTICLJ!t lV No license shall be required of: Advertising matter brought by commercial travelers in appro (a) Persons traveling only to study trade and its needs, priate quantities shall be treated as samples without commercial even though they initiate commercial relations, provided they value. Objects having a depreciated commercial value because do not make sales of merchandise. of adaptation for purposes of advertisement, and intended for (b) Persons operating through local agencies which pay the gratuitous distribution, shall, when introduced in reasonable license fee or other imposts to which their business is subject. quantities, also be treated as samples without commercial (c) Travelers who are exclusively buyers. value. It is understood, however, that this prescription shall ARTICLE IX be subject to the customs laws of th~ respective countries. Any concessions affecting any of the provisions of the present ARTICLE V convention that may hereafter be granted by either high con If the original license were issued for a period longer than tracting party, either by law or by treaty or convention, shall six months, or if the license be renewed, the bond for the immediately be extended to the other party. samples will be correspondingly extended. It is understood, ARTICLE X however, that this prescription shall be subject to the customs This convention shall be ratified, and the ratifications shall laws of the respective countries. . be exchanged at Washington or San Jose within two years, ARTICLE VI or sooner if possible. . Samples accompanying the commercial traveler will be dis The present convention shall remain in force until the end of patched as a portion of his personal baggage;· and those arriv six months after either of the high contracting parties shall ing after him will be given precedence over ordinary freight. have given notice to the other of its intention to terminate the In witness whereof the respective plenipotentiaries have same, each of them reserving to itself the right of giving such signed this urotocol and have affixed their seals. notice to the other at any time. And it is hereby agreed be Done in duplicate, in English and Spanish, at San Jose, tween the parties that, on the expiration of six: months after Costa Rica, this 31st day of March, 1924. such notice shall have been received by either of them from the other party as above mentioned, this convention shall al [SEAL.] ROY T. DAVIS. [SEAL.] M. OBREGON L. together cease and terminate. It testimony whereof the respective plenipotentiaries have .ADJOURNMENT signed these .articles and have thereunder affixed their seals. Mr. LODGE. I move that the Senate adjourn. Done in duplicate, at San Jose, Costa Rica, this 31st day of The motion was agreed to ; and (at 6 o'clock and 25 minutes March, 1924. · p. m.) the Senate adjourned until to-morrow, Tuesday, May [SEAL.] RoY T. DA.VIS. 20, 1924, at 12 o'clock meridian. [SEAL.] M. OBREGON L. NOMINATIONS· PROTOCOL Executive nominations received by the Senate May 19, 1924 For the better fulfillment of the provisions of the convention concerning commercial travelers, signed to-day, the undersigned, • GENERAL APPRAISER OF MERcHANDISE Mr. Roy T. Davis, envoy extraordinary and minister plenipo George M. Young, of North Dakota, to be general appraiser tentiary of the United States of America, and Prof. don Miguel of merchandise, vice Eugene C. Hay, retired. Obregon Lizano, Minister of Public Education, in charge of the 1\..1.EMBERS OF RENT COMMISSION OF THE DISTRICT OF COLUMBIA Portfolio of Foreign Relations of Costa Rica, representing their The following-named persons to be members of the Rent Com respective countries, have agreed as follows: mission of the District of Columbia for a term beginning May ARTICLE I 23, 1924, and ending May 22, 1925 : Regulations 'governing the renewal and transfer of licenses William F. Gude, of the District of Columbia. - and the imposition of fines and other penalties for any misuse Richard S. Whaley, of the District of Columbia. of licenses may be made by either of the. high contracting Mrs. Clara Sears Taylor, of the District of Columbia. parties whenever advisable within the terms of the .present con Oliver Metzerott, of the District of Columbia. vention and without prejudice to the rights defined therein. Thomas R. Peeney, of Delaware. If such regulations should permit the renewal of licenses the corresponding fee will not be greater than that charged for CONFIRMATIONS the original license. · Ea:ecittive nominations confirmed by the Senq,te May 19, 1924 If such regulations should permit the transfer of licenses _upon satisfactory proof that transferee or assignee is in every PRINCIPAL DELEGATES ON TIIE PA.RT OF THE UNITED STATES TO sense the true successor of the original licensee and can fur THE MEETING OF THE INTER-AMERICAJli COMMITTEE ON ELEC· nish a certificate of identification similar to that furnished by TRICA.L COMMUNICATIONS TO BE HELD IN MEXICO CITY, MExICO the said original licensee, he will be allowed to operate as a Charles Beecher Warren. commercial traveler pending the arrival of the new certificate Wallace H. White, jr. of identification, but the cancellation of the bond for the Allen H. Babcock. samples shall not be effected before the arrival of the said cer COAST .AND GEODETIC SURVEY tificate. To be aid ARTICLE II Roger Cushing Rowse. It is the citizenship of the firm that the commercial traveler represents, and not his own, that governs the issuance to him To be junior hydrograpltic and geodetio engineers of a certificate of identification. Frederick Gurnee Outcalt. In order to obtain practical results the high contracting Edwin Jay Brown. parties agree to empower the local customs officials to issue Henry Arnold Karo. the said. licenses upon surrenuer of the certificate of identifica Jack Chester Sammons. tion and authenticated list of samples, acting as deputies' of George Livingston Anderson. the central office constituted for the issuance and regulation of Isidor Rittenburg. GONGRHSS10N"~L !RECQ.RJD-=LSEN 1tTE

~ PxoM6TIONs m THE 'AiJ:i£r wssomr I F.I!llllk ·Mcintyre- toi be 0hief, l Bureau' of· lnsular..-A'lfarns. •: SWHvan--B:rigman, ·East ,Prairie. William HEmtiy Waldvon to be colonel, ·Infantry. ,JaaJicr P. 1B01pkin~, 1 IJ4lgerten. 11\Valter lVampbell ' Baker rto •be I li6utenan.t ' cruonel, I Ohemical Ruby M. Ratcl!ff, Matthews. !Warfare-.Service. 1 ~.A'sKA. ' Ilesolv-e !lotter Palmer .tolbeLmador, ·Adjm:ant: Gener.al~& E>e· partmeD. t. 1 , Edward F. Farley, jr., Ba.neroft. CharlesiB:art Dainforth,·oo:·beJ lieutemmt> eoloneI,.rAirrServh:e4· ,.Harry, B. , Cl~;yton,~; Oe.qtral.1GlltY· George Jefferson McMur:iry tQ· 'be':obaplain. Odn. J.-Scll.wieger, Chadron. / , PosTI.u·sTE1fS May Rooerts, Nemaha. · • r NEVADA .ALADAMA 1 _, Lillie A. ,Wis.t, 1Manhattan. ' ' Minnie· W. 'O'Hlu·a, ' Hurstboro. '"'NEW ~ 'HAMr.PSHIBE ,Thomas :H.. Dearborn,, Dover. William J. Shepard, Cordova. Leston F. 'Eldredge, Durham. COLORADO William ~- Lance, Meredith. Irving. P. 1Beckett, Craig. NEW,·JERSEY George .Haver, Eckley. J G-eotge· Coleman,• Delanco. . James, L ..! Aillsoµ, , W-O<>d1nen. Lyle W. Morehouse, Little •Falls. 1Wllliam 1A. 'Reeves, !New Lisbon. Jit:la1H: CoHdm,JPemberron. ,Edwand S. Coulter,. Essex. Harry B. Mason, "Pompton 1l.iakes. Ja.m~s If. •Holden, .Fgrestville. Charles Herrmann, South1River. William T. Crumb, Jewett .City. rBeUe H.• Smith,'Springfte1d. Clarence ,L. Clark, J;..yme. 1 ,John "A. ."Ayer, · Saybrobk. 'NEW YORK Margaret M. Senecal, ~ Champlain. _,,,- 1 IDAHO Daniel T. Evans, Chittenango. •Frank ~Dvorak, \Abe1.·deen. l. , Berton, G. J-0hnson, Qooperstown. Hugh D . .Stanton, Kendrick. Walter N. ~ Durland, ;Hurleyville. • Robert N. Molloy, Orofino. · ·Lulu B. ~forehouse, "l\Iarathon. 'Albert IE. White,-Pay-ette. William P .. l\IcOonnell, Marlbor-0. !Amando• O. Holmes, Qint. ., C9peland E. Sniith, Olean. Lester J. Holland, · SheU~y. N@RTH .O.AROLINA. ILLINOIS • Perry T. ·noane, .. Kelforid. Stiepllen ' C . . Galeener, Eldorado. Samuel ·A. McCullough, Irvington. !OHIO l\lark Simpson, Waterman. ,Hosea A. Spauldi.r;lg, Delaware. 'l.OWA Olive G. ·. Randall, · Hubbard. 1Pat1ence Felgei-, Afton. J-0hn .w. ." Kramer, Maumee. 1 Oharles· G. ·1 Wilay, ., Bon~part-e. l Charles~- Finnical, ' Newton Fails. William W. Jamison, Brighton. [ I Frank 1J. rEckst-ein, Salem. Lloyd S. Meyers, ColumbYS-J.unction. OKLAHOMA John F. Dicus, Grisvoold. Oharles E. ·L . . See,. Laurens. Clifton J. Owens, l\Iill Creek. Frank· E. Moravec, Oxford Juncilon. .Howard E. ·~ Sowle, Vici. William H. 'Ward, Ryan. :Henry. C. Cashon, Webbers .. Falls. ·Ha:P:el tA. JG0itl'.anie, Stotkport. ;Fred Godard, ,Wellston. Clair A. Sodergren, ''iWayland. · . PENlNISYl.V.A:NJA Jesse, ;.A, · StllDlp, ~well.man. :Laura c. .. Ehler, · S1Uppensvltle. "KA'NBAIS 1Herbett ' L. 'Frj"ba-ck, ·O!>lby. 1 P.ORTO ~tiGO Merton M. Fletcher, Glasco. Carlos. F. Torregrosa, AguaUllla. James L. Reeves, Gridley. · ''Jose 'M.' Akover, A-recibo. · Sherman F. "Iilill, iunn. ,·Moises 1Jor'dan, 'Utuado. George "F . .J Gibson, Uy-0ns. Eldon C. Ne,~y, 1Rtrntl01.ph. '· UTAH 1 LOUISIANA WllUaln S. 'Anderson, ~Moroni. Edward S. Rogers, BerwiCk. 'VERMONT tJob,n 1· A. .-Marchand, Ganzales. Reginald W. Buzzell, Newport. l\1attie-B. .PeJ:t

1 ·) I I