9060 CONGRESSIONAL RECORD-SENATE NOVEMBER 23 The PRESIDING OFFICER. Without POSTMASTERS · final report of the Secretary of· the Treasury objection, the postmaster nominations IOWA on the liquidation of the War Finance Cor are confirmed en bloc. Martin W. Brockman, Clarksville. poration (with an accompanying report); to the Committee on Banking and Currency. THE ARMY Charles G. Vasey, Collins. Henry C. Finnern, Denison. SUBVERSIVE FEDERAL EMPLOYEES The legislative clerk proceeded to read Jacob A. Schwartz, Fenton. A letter from the Attorney General, trans sundry nominations in the Army. Lilly B. Gibbons, Jefferson. mitting, pursuant to law, a report of the Fed Mr. BARKLEY. I ask that the nomi Herman L. Walker, Kalona. eral Bureau of Investigation for the first nations in the Army be confirmed en bloc. Katharine Wallace Shaw, Redding. quarter of the fiscal year 1943 (July 1 The PRESIDING OFFICER. Without Joseph P .. Quinn, Riverside. through September 30, 1942), relating to the objection, the Army nominations are Lillian E. Gasseling, Walcott. investigation of employees of every depart Paul Max Clark, Woodbine. ment, agency, and independent establish confirmed en bloc. H. Clyde Calonkey, Woodward. ment of the Federal Government who are That concludes the calendar. MISSOURI members of subversive organizations or ad· Mr. BARKLEY. I ask unanimous con Emmett R. Burrows, Van Buren, vocate the overthrow of the Government by sent that the President be notified of all force (with an accompanying report); to the nominations this day confirmed. Committee on Appropriations. The PRESIDING OFFICER. Without DISPOSITION OF ExECUTIVE PAPERS objection, the President will be so noti A letter from the Archivist of the United fied. SENATE States, transmitting, pursuant to law, lists RECESS MONDAY~ NOVEMBER 23, 1942 of papers and documents on the files of the Mr. BARKLEY. As in legislative ses Departments of the Treasury and Agriculture (4), which are not needed in the conduct of sion, I move that the Se.nate take a recess (Legislative day of Tuesday~ November until 12 o'clock noon on Monday next. business and have no permanent value or 17, 1942) historical interest, and requesting action Mr. CONNALLY. Mr. President, a looking to their disposition (with accom parliamentary inquiry. The Senate met at 12 o'clock noon; on panying papers); to a Joint Select Commit The PRESIDING OFFICER. The Sen the expiration of the recess. tee on the Disposition of Papers in the Exec ator will state it. The Chaplain, Rev. Frederick Brown utive Departments. Mr. CONNALLY. Does the taking of Harris, D. D., offered the following a recess meet the conditions of the rule? prayer: The VICE PRESIDENT appointed Mr. Mr. BARKLEY. Yes; it meets the con- BARKLEY and Mr. BREWSTER members of Out Father God, in the abundance of the committee on the part of the Senate. ditions. · . Thy loving kindness humbly and rever Mr. GEORGE. Yes, it does; because ently we come into Thy presence. Be ELIMINATION OF POLL TAX IN ELECTION the rule applies to calendar days. fore we talk to one another about our OF FEDERAL OFFICERS The PRESIDING OFFICER. The homes, our Nation, and our world, we The Senate resumed the consideration Chair will state that it complies with the would listen for Thy voice, as with of the bill (H. R. 102.4) to amend an act rule. silenced hearts we wait for Thy word. to prevent pernicious political activities. The question is on agreeing to the Thou art light for ·life's meanings. Thou . The VICE PRESIDENT. Does the Sen motion of the Senator from Kentucky. art wisdom for life's ques-tions. Thou ator from Texas have the division of time The motion was agreed to; and (at 2 in mind for this morning? 29 art strength for life's duties, and courage o'clock and minutes p. m.) the Senate for life's unknown ways. Mr. CONNALLY. I shall yield to the took a recess until Monday, November Senator from Minnesota [Mr. SmP 23, 1942, at 12 o'clock noon. Each new day is a white page in the book of destiny if we but take it from STEAD], who desires to address the Sen Thy hand as trustees of Thy unfolding ate. I shall yield to him for 5 minutes. NOMINATIONS purpose. May we follow the gleam of (After a pause.] The Senator from Min Executive nominations received by the the highest and best we know, as it nesota does not appear to be present. Senate November 21 (legislative day of leads o'er moor and fen and crag and Mr. President. we did not insist upon November 17), 1942: torrent, till the evening comes and the a quorum call in the interest of time. busy world is hushed, and the fever of If some of the attaches of the Senate will DIPLOMATIC AND FOREIGN SERVICE life is over, and our work is done·. Then, see that the Senator from Minnesota The following-named persons for appoint of Thy great mercy, grant us a safe comes to the :floor shortly, we will save ment as Foreign Service officers, unclassified, I if vice consuls of career, and secretaries in the lodging and a holy rest, and peace at the time in the long run. inquire the Diplomatic Service of the United States of last. Through Jesus Christ, our Lord. Senator from Illinois [Mr. LucAs] is America: Amen. present. Keeler Faus, of Georgia. THE JOURNAL . Mr. McNARY. Mr. President, I do not Harry Clinton Reed, of Ohio. know anything about the arrangement, Thomas S. Estes, of Massach'l.LSetts. On request of Mr. BARKLEY, and by but the Members usually expect a toll unanimous consent, the reading· of the call and they proceed upon that basis. Journal of the proceedings of the calen I think we should have a roll call, and CONFIRMATIONS dar day Saturday, November 21, 1942, then, if there are only 50 minutes left, Executive nominations confirmed by was dispensed with, and the Journal was that it should be shared equally between the Senate November 21
.• 9062 CONGRESSIONAL RECORD-SENATE NOVEMBER 23 The issue before the Senate now is tion 2-and the language means the same press language the Senator is discussing whether or not the Senate at this time today that it meant in 1787: by adopting the seventeenth amendment, shall cut off debate under the rule, and The House of Representatives shall be com and therefore declared that the policy of not permit those of us who are resisting posed- Congress, which had obtained for 124 the pending measure full and complete years and which had been followed in a and thorough debate upon the funda Shall be composed- definite way, was still the policy of Con mental constitutional issues involved. of Members chosen every second year by the gress? people of the several States, and the electors · Mr. President, this is the Senate of in each State shall have- Mr. CONNALLY. I thank the Senator the United States. According to my con from Vermont, who is one of the most ception, it is the last citadel in this Re That is a command, a mandate, a com distinguished lawyers, not. alone in this public of free opinion and free discussion pulsion-· Chamber, but befere the bar of the Na and free consideration of the great issues shall have the qualifications requisite for tion. Of course, let me say to the Senator, of government. One of its chief func electors of the most numerous branch of the the seventeenth amendment to the Con tions is to supply a forum where any State legislature. stitution adopted about 1912 or 1913-- Senator may speak his convictions and The Constitution makers did not say Mr. AUSTIN. It was adopted by the his will, and to serve to inform and en "may have," they said "shall have." Congress by resolution . passed May 16, lighten the people of the United States. 1912, and was proclaimed by the Secre I desire to propound a question to any tary of State to have been ratified by a That is what we want and demand now. Senator under his obligation anu his The people of the United States do not sufficient number of States ~May 31, 1913. oath. If he were an election judge in now sufficiently understand the question a State and a voter presented himself : Mr. CONNALLY. Yes; it was adopted we are discussing. They confuse Federal ·and said, "I want to vote for a Repre- by the solemn action of the Congress and and State action. They merely discuss sentative in' Congress in the election," ratified by three-fourths of the States. and consider these matters in the ab would he not as an election judge ask, This is what was said in that amendment stract. They do not get down to the "What right have you to vote?" Sup which provided for the popular election grass roots of these basic considerations. pose the voter were to answer, "Here of Senators: So far as I now know, I shall never vote is an act of Congress which provides The Senate of the United States shall to close this forum to public discussion that I do not have to pay a poll tax, Always "shall"- upon any great question. Should the and I have not paid one." Would not a Senate ever refuse legitimate discussion shall be composed of two Senators from each upon the very vitals of this Government Senator as an election judge, having the State, elected by the people thereof, for 6 and its structure? Constitution of the United States in his years; and each Senator .shall have one vote. hand, turn to it and read section 2 of The electors in each State- Mr. President, I speak to Senators_who article I, and say to the voter, "I am are under responsibility, I speak to sorry; there is a statute which says you Listen Senators, the reference is to Senators who are under oath to uphold can vote without paying a poll tax, but, your State and my State and all the other and protect and defend the Constitution my dear sir, here is the Constitution of States- of the United States. I am not speaking the United States which says that you The electors in each State shall have- to a town meeting which has no re cannot vote in this State without com sponsibility with reference to this ques plying with its election and qualification Not "may have"- tion. I am not speaking to men who requirements." What would a Senator shan have the qualifications requisite for have their ears closed to the obligations electors of the most numerous branch of the who was acting as an election judge do in State legislatures. of the Constitution and to the traditions -such a case? Would he follow the plain of this bcdy. I am not speaking to men mandate of the Constitution and his How could language be more plain? .whose eyes are blinded to the importance oath, or would he be swayed by the po How could it be more expressive? Let me and to the majesty of matters relating to litical demand of some man who wanted remind the Senate, as was wisely pointed the Constitution of the United States. to vote, and whose vote he wanted to out by the Senator from Ohio [Mr. TAFT] Mr. President, what is the immediate obtain? in a former debate on this subject, that issue? It is cloture. Of course, we are Mr. President, it is contended by those when the fourteenth. amendment was opposed to'invoking the cloture rule upon ·favoring the measure that under article adopted it was provided that- this fundamental constitutional question. I, section 4, the Congress, by· reason of When the right to vote at any election for What is the question? The bill which is being granted the authority to change the choice of electors * • • is denied tendered proposes to provide by congres the times and places and manner of hold to any of the male inhabitants of such sional edict, by mere statute, that a poll "ing elections, has the right to enact the State • • * the basis of representation tax or other similar qualification im proposed legislation: It will be· noted therein shall be reduced. posed by any State under the sanction of that in section 4 of article I the times That is a clear restatement of the prop the Constitution of the United States and places and manner were to be pre shall not be respected but shall be disre osition that the States had the right to garded. scribed by State legislatures, but it says- restrict suffrage, and that if they did do What did the Constitution makers But the Congress may at any time by law so they would be penalized by the reduc make or alter such regulations, except as to tion of their representation in Congress. think about this question? They were of the places of -choosing Senators. equal dignity with ourselves. When the Let me say to the distinguished Senator representatives of the Thirteen States Mr. President, if the Constitution from Vermont that not alone in the sev .met in Philadelphia to write a Constitu makers ever contemplated that under any enteenth amendment do we find such tion they wrote it out of the sacrifices and circumstance or under any assumption language, but in the nineteenth amend out of the blood and out of the stress and of a state of facts Congress might legis ment, the amendment relating to wom strain not alone of war but of 8 years of late on the subject of the qualifications an's suffrage, it was provided-and I read confusion and chaos, under the Articles of voters, why did they not put a similar from the nineteenth amendment: of Confederation. When they met they clause in section 2 of article I, and pro The right of citizens of the United States discussed this very provision. If they vide: to vote shall not be denied or abridged by had not discussed it, if their attention The House shall be composed of Members the United States or by any State on account had not been directed intimately to the * * chosen by electors possessing the of sex. very point we have now under considera qualifications requisite for electors of the Recogni'Zing that the general field of tion, there might be some who would say most numerous branch of the State legisla control was within the States. This is it was a mere generality. But they dis ture, but Congress may at any time change merely a prohibition, a negation as to sex cussed the question whether the Federal such qualifications. alone, leaving unimpaired, untouched, Government itself in the Constitution But they did not do that. unmodified, and unchanged all the plen should fix the qualifications for electors Mr. AUSTIN. Mr. President, will the ary and full power which the Constitu in voting for Members of Congress or Senator yield? tion originally vested in the States. whether that matter should be left to the Mr. CONNALLY. I yield. Mr. President, what does the Supreme determination of the States. After full Mr. AUSTIN. Is it not true that Con Court say about the matter? This direct and free and enlightened · debate and gress expressed its opinion about this question was before the Supreme Court consideration they said, in article I, sec- subject in 1912, when it ratified the ex- in the case of Breedlove against Suttles. 1942 CONGRESSIONAL RECORD-. SENATE 9063 not on a side issue, but on this identical We hold town meetings, which are in There being no objection, the telegram 'point. This was a case from the State of fluenced by the passions and the prej was ordered to be printed in the REcORD, Georgia, in which a voter who tried to udices of the mob. However, Mr. Presi as follows: vote was denied the privilege of voting dent, let us maintain the creator of our MoNTGOMERY, ALA., November 18, 1942. not the right, he was denied the privilege selves, the Constitution of the United Senator TOM CONNALLY, of voting-because he had not paid his States. Senator jrom Texas, poll tax. I now quote from the Supreme The framers of the Constitution knew Senate Office Building: Court deci~ion. This is not someone who what they were doing. When the lan You and the other Senators who are carry plucks a Senator's coat when he goes out guage to which I have referred was in Ing the fight against Federal control of local serted in the Constitution, practically elections deserve and will have the thanks of this Chamber into the rec~ption room. and commendation of the country. Those This is not someone who waylays a Sen every State of the original 13 had prop seeking to ram this vicious misguided reform ator in the Halls of the Senate to try to erty qualifications for voting. They had legislation down the throats of a. people at put political pressure upon him, to apply tax requirements for voting. They had war, and thereby bringing disunity, are ren the heat before the oil ration goes into all sorts of qualifications for voting. It dering a service to our enemies. Our peo effect. Listen to the decision of the was with such a background and such ple here and the believers in democratic Supreme Court. I invoke this language knowledge that section 2 of article I of principles everywhere are anxiously watching against those who press this bill: the Constitution of the United States was and praying for your success. Please thank adopted. the other Senators who are helping. To make payment of poll taxes a prerequi FRANK M. DIXON, site of voting is not to deny any privilege or Mr. President, Benjamin Franklin sat Governor of Alabama. immunity protected by the fourteenth in that Convention. Does anyone believe amendment. Privilege of voting is nrt de that that wise old man did not under Mr. BARKLEY. Mr. President, in the rived from the United States, but is conferred stand what he was doing? Does anyone time remaining to me it would be folly by the State and, save as restrained by the believe that he was playing horse with for me to undertake to discuss the con fifteenth and nineteenth amendments and the Congress and with the people when, stitutional questions involved in the other provisions of the Federal Constitution, pending -legislation. I shall not do so. the State may condition suffrage as it deems in language as plain as any expression appropriate. from a page of Poor Richard's Almanac, For a few minutes I desire to discuss the or from his correspondence as our am question of the payment of a poll tax as Mr. AUSTIN. What year was that? bassador to France, he helped write the a prerequisite for voting, whether such Mr. CONNALLY. That was in 1937, language of the Constitution? payment be required by State law, or by only 5 years ago. The Supreme Court Mr. President. James Madison sat in inference through national legislation. in the most solemn manner reiterates, that Convention. Does anybody assume In my judgment the question presented reaffirms, and approves what the Consti that with his accurate and logical mind by the pending bill, to abolish the pay tution makers did in 1787, and which for he did not know what he was doing when ment of the poll tax as a requirement for 150 years had been unchallenged until he participated in framing the Constitu voting, involves the very basis of de assailed by the pending bill. tion of the United States? mocracy and freedom. Mr. President, those who favor the bill I appeal to Senators on the other side Thomas Jefferson, who was the great rely upon the Classic case. The Classic of the aisle who are supposed to venerate est liberal of his or any other day, and, case, coming up from Louisiana, related the memory of Alexander Hamilton. He in my judgment, the profoundest phi to a prosecution for conspiracy or illegal sat in that Convention. Throughout the losopher of his generation, told the voting in a primary. I shall quote from debate for its adoption he approved it, as American people and the world that all what the Supreme Court said in that set forth in the Federalist . . With a far governments derive their just powers case, and I want Senators to listen. The flung vision of public affairs and politics, from the consent of the governed. He case was decided in the October term, Alexander Hamilton approved and signed made the American people believe that 1940. Is that recent enough? In order the Constitution of the United States to be true. If what he said is true, that to bind Members of the Senate must a which contained the provision to which all governments derive their just pow decision have been rendered yesterday? reference has been made. ers from the consent of the governed, Do they have to have a dailY pronounce The VICE PRESIDENT. The time of then all powers exercised by a govern ment by the Court in order to keep them the Senator from Texas has expired. ment not derived from the consent of in line? Mr. CONNALLY. Mr. President, I ask the governed are unjust powers. No one Of course, Senators have daily impor for 1 minute more. can deny that assertion without repudi tunities in the cloakrooms, they have daily Mr. BARKLEY. Mr. President, I yield ating the philosophy of Thomas Jeffer importunities in their offices and in the 1 minute to the Senator from Texas. son. halls, and by letter; but the Supreme Mr. CONNALLY. Mr. President, who Mr. President, can anyone claim that Court says: else sat in that Convention? George a citizen who is otherwise qualified, but Section 2 of article I commands Washington sat in it. He was the pre who is denied the right to vote because siding officer of the Convention; and with of inability to pay his or her poll tax, Commands- the same hand that wielded the sword of has given consent to the powers exer that Congressmen shall be chosen by the the Commander in Chief at Yorktown, he cised over him or her by the govern people of the several States by electors, the signed the Constitution of the United ment? The people are not even allowed qualifications of which it prescribes. States~ Did he know what was in it? to vote on the question of whether that Can there be anything plainer? Can Did he approve it? Did he sanctior_ it? requirement shall be lifted from them. there be anything that so shines with Mr. President, I set the names of James The same Thomas Jefferson, in the im light and understanding and reason as Madison, Alexander Hamilton, Benjamin mortal Declaration of Independence, an that plain statement? Listen, the Court Franklin, George Washington, and all nounced for the first time in a political goes on. This is the Court speaking: the brilliant host who sat with them in document that all men are created equal, that convention against the Communist The right of the people to choose, whatever and that they are endowed by their Earl Browder, who placards to the world creator with certain unalienable rights, its appropriate constitutional limitations, that he is the real leader 'of this cam where in other respects it is defined, and the among which are life, liberty, and the mode of its exercise is prescribed by State paign for Federal control of elections. pursuit of happiness. He placed no qual action in conformity to the Constitution, I set them apart from the masses who assail Senators on their way to their ification upon this principle. He did not 1s a right established and guaranteed by the modify it by any reservation which re Constitution. offices, or from the galleries. Today we stand upon the rock of the quired the payment of a poll tax or any Mr. President, my time has almost ex Constitution. other form of tax before the right to vote pired. I desire to lift my voice in the The VICE PRESIDENT. The time of could be exercised. He did not say that Senate for the maintenance of the in the Senator from Texas has expired. the equalities or the unalienable rights tegrity and sanctity of the Constitution Mr. CONNALLY. Mr. President, I of which he was speaking in the Declara of the United States. If it is to be de ask unanimous consent to have printed tion of Independence depended on the stroyed or erased there will be no Senate, in the RECORD a telegram I have re payment of a tax of any kind in order and no House of Representatives. ceived from the Governor of Alabama. that they might be enjoyed and exercised. 9064 CONGRESSIONAL RECORD-SENATE NOVEMBER 23. Inspired by these new doctrines of lib can Association of University Women-a might purchase the right to vote here?'' erty, these new conceptions of the rela respectable organization in this country, He will lift up his empty sleeve, and say, tionships of God's creatures, who include made up of women who have been trained "I gave that"; or he will show his empty and encompass all the populations of the and educated in our colleges and univer trouser leg, and say, "I gave that.'' He world, our forefathers in the Revolution sities. They do not belong to any irre may show a scarred and lacerated face, and every war since the Revolution sponsible organization which may be im and say, "I gave that." But the election fought with their blood and with their portuning us to vote for this proposed officers will say, "That is not enough. lives for the rights which Jefferson legislation. I wish I had the time to You have to give us in money a dollar proclaimed. read this letter, written· from Birming and a half more before you can vote The requirement of payment of a poll ham, Ala. here. You cannot vote even then unless tax before one may vote is the demand by The other day the Legislature of Ala you paid it before last February." And society through the State that the right bama, so I am told through the news I can imagine him saying, "Well, I was in be bought again with money. Such are papers, unanimously adopted a resolu north Africa last February," or "I was in quirement is a hang-over from feudalism. tion condemning the bill and asking Con the Solomon Islands last February," or It is a hang-over from the property re gress not to enact it. I hope I may not "I was on the Pacific Ocean last Febru-: quirement in order that one may partici give offense if I express the hope that the ary," or, it may be, "I was marching pate in government in the humblest ca same legislature may submit to the peo down Unter den Linden, in the heart of pacity. It is a survival of Bourbonism, ple of Alabama. a constitutional amend Berlin, last February," or "the Via Corso by whatever authority or wherever it ment by which they themselves may vote in Rome," or "the main street of Tokyo." may be imposed. The payment of no on whether they desire to retain the poll Mr. BANKHEAD. Mr. President, will other form of tax is required as a qualifi tax as a qualification for voting. the Senator yield? cation for voting. The landowner may I have here a letter written on the sta Mr. BARKLEY. My time is about up, allow his property taxes to become and tionery of the State Democratic Execu let me say to my friend; otherwise I remain unpaid until the sheriff or the tive Committee of the State of Alabama, would yield. tax collector sells the property at the women's division, signed by Mrs. Albert Mr. BANKHEAD. The Senator has courthouse door, but he may still vote, Thomas, who is the director of the report made numerous reference to Alabama. while the _poor hired hand or the tenant plan of the State Democratic Executive Mr. BARKLEY. I have only quoted who cultivates the landlord's land may Committee of Alabama. In the letter from reports L have received. · not vote until and unless he buys the she upholds and commends the bill, ~nd Mr. BANKHEAD. The Senator should right by the payment of a poll tax. . urges its enactment. know that in Alabama all soldiers are This is a denial of equality. It is a I have here a letter from a professor of exempt from payment of . the poll tax denial of consent to the powers of gov political science of Emory University, in and that is also the case in Tennessee. ernment. It is equal to the disfranchise the very heart of Atlanta. The writer of Mr. BARKLEY. I was not speaking ment of those who depend upon govern the letter says: particularly of Alabama. I was speaking ment to guarantee to them the right· Keep up the fight on the poll tax and se.e it of any State which requires that the poll to life, liberty, and the pursuit of happi to a successful conclusion. I have studied tax be paid. ness. It is a repudiation of the Jeffer the poll tax and find it is the cause of end Mr. President, what about the rule? I sonian ideal. less corruption. Nothing c.ould be more un speak now of democracy in its broad Mr. President, the pending question is democratic. Lurking in the background in sense, not as applied to any particular lo not racial or religious. The condition this fight- cality. If we are not fighting for that, applies to all races, where they are other Says he- · we are not fighting for anything. What wise eligible to vote. While efforts have ar_e the vested interests. is the rule on which we are to vote in been made to make it appear as a racial about 5 minutes? It is a rule which, if issue, it cannot be made so. I have here a letter from an educator invoked, would enable the Senate to Opponents of the pending bill have in Alabama, one connected with the Ala reach a vote on this measure. It is a asserted that the J(Oll-tax law disfran bama Polytechnic Institute, in which he rule without the invoking of which the chises more white than colored voters urges the passage of the pending bill. Senate cannot vote on this measure; and who, without it, could vote in all elec I have here a letter from the Honor a vote against the rule, 5 minutes from tions. I assume this to be true, and I able Wilson W. Wyatt, mayor of the city now, will mean a vote against voting on believe it to be true. As proof of it, in of Louisville, asking for the passage of the bill. We cannot interpret it in any 1940, in Alabama, 20 percent of other the bill. other way. That is what it will be. A vote wise eligible white voters voted; in I have here a telegram from John L. against the rule, against the adoption of Arkansas, 19 percent; in Georgia, 19 per Essary, president of the Tennessee Fed the motion to close debate, will mean cent; in Mississippi, 15 percent; in South eration of Labor, asking for the enact that those who vote against it do not Carolina, 11 percent; in Virginia, 24 per ment of the bill. want to close debate. Those who do not cent; and in Tennessee, 33 percent. So, Mr. President, the problem which want to close debate do not want to vote As further proof of it, Mr. President, faces us is not racial; it is not geograph on the bill; because we cannot vote on it let me point out that when the Legisla ical. It has been said that this is no by any other way than by the adoption ture of North Carolina removed the re time to bring this controversial question of the motion. I say frankly, as I have quirement of the payment of a poll tax before the Senate of the United States. said before, that if the bill cannot be as a qualification for voting the vote I know of no more opportune time to try voted upon today by means of a two increased 70 percent. In Louisiana, to spread democracy in our country than thirds vote in favor of adopting the mo when that State removed the require a time when we are trying to spread it tion to limit debate, it cannot be voted ment that a poll tax should be paid as a in other countries and throughout the for at any other time. No amount of qualification for voting the vote in world. Some day this war will end. pressure from the inside or the outside creased 90 percent; in the State of Some day our boys who now are in north will have any other effect. Florida, when the legislature of the peo Africa, in Australia, in New Guinea, in The Senate has voted on cloture 13 ple of that State removed the require the Solomons, in the Aleutians, and on times since rule XXII was adopted and ment that a poll tax should be paid as a Midway Island, some day our boys who made a part of the rules. The Senate has prerequisite for voting, the vote increased now are fighting the battle of democracy adopted a motion to invoke cloture 4- 140 percent; and since then there has and freedom around the world, will be times and has rejected it 9 times. Sena been no visible change in the form or back in the United States. I can tors say they are afraid to vote for cloture complexion of the government of those imagine one of them walking up to a now lest they be bound to vote for it at States. polling place in an election. It may some other time. Those who give weight Mr. President, this question is not ra be he will appear on crutches; it may be to that argument are shivering at a cial; it is not geographical. I have be he will have an empty trouser leg or an shadow. There are now in this Chamber fore me letters from Georgia, Alabama, empty sleeve. ·I can see him approach Senators who will vote against the mo and Tennessee supporting this proposed the election officers and ask for the right tion to invoke the cloture rule, but who legislation. I have before me a letter to vote, and I can imagine those officers heretofore have voted in favor of cloture. from Mrs.· Harvey M. Emerson, legisla saying, "What right have you to vote? I now have in my hand a statement of . tive chairman, Alabama division, Ameri- What have you given in order that you the roll calls on all the votes which have . --· - -· 1942 CONGRESSIONAL RECORD-SENATE 9065 been taken in the Senate on motions to Mr. McKELLAR (when Mr. HoLMAN'S The Senator from Washington [Mr. invoke the cloture rule. /No Senator has name was called). The junior Senator BoNE] and the Senator from New Hamp· ever been bound by a previous vote in de· from Oregon [Mr. HoLMAN] telegraphed shire [Mr. ToBEY], who would vote termining how he would vote on a subse me to the same effect. "yea,'' are paired with the Senator from quent motion to close debate. I have not The roll call was concluded. Arizona [Mr. HAYDEN], who would vote the time to read the roll calls. They may Mr. McNARY. I desire to make certain "nay." be revealing to peruse after the conclu announcements, which I ask the clerk to The Senator from New Jersey [Mr. sion of the roll call which we are about read. SMATHERS] and the Senator from Nebras to have. The VICE PRESIDENT. The clerk will ka [Mr. BuTLER], who would vote "yea,'' Mr. President, I bring in question the read, as requested. are paired with the Senator from Vir· integrity and the good faith of no Mem The Chief Clerk read as follows: ginia [Mr. GLAss], who would vote "nay." ber of the Senate. I crave the respect Mr. McNARY announces the following pairs .The result was announced-yeas 37, and esteem of every Member of this body, upon this question: nays 41, as follows: The Senator from Montana [Mr. MURRAY] without regard to politics or location. YEAS-37 However, Mr. President, I desire to say and the Senator from California [Mr. Dow NEY], both of whom would vote "yea," with Barkley Kilgore Thomas, Okla. to my friends on both sides of the aisle the Denator from Oregon [Mr. HoLMAN], who Brewster La Follette Thomas, Utah that I am glad I have made this fight. Brooks Lodge Truman would vote "nay"; Brown Maloney Tunnell I have made it in behalf of what I believe The Senator from Nebraska [Mr. BuTLER] Burton Mead Vandenberg . to be the broad and true foundations of and the Senator from New Jersey [Mr. Capper M1llikin Van Nuys a true democracy. I should prefer to SMATHERS], both of whom would vote "yea," Clark, Mo. Murdock VVagner with the Senator from Virginia [Mr. GLASs], Danaher Nelson Wallgren make it and lose it rather than not to Davis Norris Walsh have made it and receive any kind of who would vote "nay"; and Green Pepper Wiley reward for my cowardice in refusing to The Senator from New Hampshire [Mr. Guffey Reed Willis ToBEY] and the Senator from washington Herring Schwartz make it. Let no man misunderstand [Mr. BoNE), both of whom would vote "yea," Johnson, Colo. Taft what this fight means. A vote in favor with the Senator from Arizona [Mr. HAYDEN}, of the motion will mean the right to who would vote "nay." NAYB-41 All of these Senators are necessarily absent. Aiken Doxey O'Mahoney vote on the bill. A vote against it will Andrews Ellender Overton mean denial of the right to vote on the The Senator from New Jersey [Mr. BAR Austin George Radcliffe bill. That is the issue, Mr. President. BOUR] is absent because of illness. If present, Bailey Gerry Russell he would vote "yea." Bapkhead Gillette Ship stead Let the roll be called. The Senator from New Hampshire [Mr. Bilbo Hill Shott The VICE PRESIDENT. The hour of BRIDGES] and the Senator from South Dakota Bulow Johnson, Calif. Smith 1 o'clock having arrived, the time of the [Mr. GURNEY] are nec·essarily absent. Bunker Langer Spencer Senator from Kentucky has expired, and Byrd Lucas Stewart Mr. McNARY. My colleague, the Sen· Caraway McKellar Thomas, Idaho the Chair, in accordance with the pro Chandler McNary Tydings visions of rule XXII, lays before the Sen· ator from Oregon [Mr. HoLMAN], is ab· Chavez Maybank VVheeler sent on official business, as he is engaged Clark, Idaho Nye White ate the motion to bring to a close the connally O'Daniel debate on the bill (H. R. 1024) to amend in conducting hearings in Western States an act to prevent pernicious political on behalf of the Committee on Public NOT VOTING-18 Lands and Surveys. Barbour Gurney McCarran activities. The clerk will call the roll to Bone Hatch McFarland ascertain the presence of a quorum. Mr. HILL. I announce that the Sena· Bridges Hayden Murray The legislative clerk called the roll, and tor from Virginia [Mr. GLASS] and the Butler Holman Reynolds Senator from Delaware [Mr. HuGHES] Downey Hughes Smathers the following Senators answered to their -Glass Lee Tobey names: are absent from the Senate because of Aiken Gerry Pepper illness. The VICE PRESIDENT. Two-thirds Andrews Gillette Radcliffe The Senator from New Jersey [Mr. of the Senators present not having voted Austin Green Reed SMATHERS] is absent because of illness in in favor thereof, the motion to close de Bailey Guffey Russell Bankhead Herring Schwartz his family. . bate is rejected. Barkley Hill Shipstead The Senator from Washington [Mr. Mr. ELLENDER. Mr. President, had Bilbo Johnson, Calif. Shott . BoNE] has been called out of the city the gentlemen's agreement made last Fri Brewster Johnson, Colo. Smith Brooks Kilgore Spencer on important public business. day· not been consummated, I was sched· Brown La Follette Stewart The Senator from California [Mr. uled to speak at length in opposition to Bulow :Langer .Taft DowNEY] and the Senator from Arizona the poll-tax bill. I am glad that the Bunker Lodge Thomas, Idaho Burton Lucas Thomas, Okla. [Mr. McFARLAND] are absent in the per· Senate so overwhelmingly voted against Byrd McKellar Thomas, Utah formance of duty in connection with cloture and thereby put the bill to sleep Capper McNary Truman hearings which are being conducted by for the remainder of the present Con· Caraway Maloney Tunnell Chandler Maybank Tydings them in Western States for the Special · gress. Chavez Mead Vandenberg Committee to Investigate Agricultural I ask unanimous consent to have Clark, Idaho Millikin Van Nuys Labor Shortages. printed in the body of the REcORD, follow Clark,Mo, Murdock VVagner Connally Nelson VVallgren The Senator from Nevada [Mr. Mc ing my remarks, a very learned brief on Danaher Norris Walsh CARRAN] is absent on official business, as the subject of qualifications of voters, Davis Nye Wheeler he is engaged in conducting hearings in prepared by Hon. Frank J. Looney, Doxey O'Daniel VVhite Ellender O'Mahoney Wiley Western States on behalf of the Commit chairman of the Democratic State Cen· George Overton Willis tee on Public Lands and Surveys. The tral Committee of Louisiana, and an able The VICE PRESIDENT. Seventy-eight Senator from Nevada advises that he is and distinguished member of the Louis· opposed to cloture, but is in favor of the iana bar. Senators have answered to their names. There being no objection, the brief A quorum is present. anti-poll-tax bill. The Chair submits to the Senate the The Senator from New Mexico [Mr. was ordered to be printed in the RECORD, question: Is it the sense of the Senate HATcHJ, the Senator from Arizona LMr. as follows: that the debate shall be brought to a HAYDEN], the Senator from Montana QUALIFICATIONS OF VOTERS close? Under the rule, the yeas and nays [Mr. MURRAY], the Senator from North FOREWORD are ordered; no debate is in order; and Carolina [Mr. REYNOLDS], and the Sena Very recently a southern Member of the the clerk will call the roll. tor from Oklahoma [Mr. LEE] are neces United States Senate appeared on the radio The legislative clerk proceeded to call sarily absent. to champion his bill to abolish the poll tax The Senator from Montana [Mr. as a qualification for voting in Federal pri the roll. maries and general elections. He made two Mr. McKELLAR (when Mr. HAYDEN's MuRRAY] and the Senator from Califor statements for which he offered no proof in name was called). The Senator from nia [Mr. DowNEy], who would vote law, logic, or fact, except United States v. Arizona [Mr. HAYDEN] has advised me by "yea," are paired with the Senator from Classic. The first statement was: There are telegram that he is opposed to this mo Oregon [Mr. HoLMAN], who would vote three ways to abOlish the poll tax (or was tion, and desires to be paired against it. "naY'." it to fix Federal qualifications for electors?)- 9066 CONGRESSIONAL RECORD-SENATE NOVEMBER 23 the first by the State constitution·; second, received a majority, requires the House of paying qualifications is to be found in Minor by State legislature; third, by Congress. ·Representatives to choose by ballot, from the v. Happersett (21 Wall. (U . .S.) 162, 172-173). The other statement was that there were three highest voted for by the electors, the . There was nothing in the Constitution as two viewpoints as to whether or not Congress President. It preserves the original lan adopted to abridge · or add to qualifications could fix qualifications for voters in State guage, changing only the spelling of "chus of voters in any State, but this subject was or local elections. ing," and provides, "But in choosing the left in the hands of the States, with a full As to the first statement, he showed his President, the votes shall be taken by States, knowledge· of the members of the Convention preference by advocating Federal enactment the representation from each State having as to the different requirements in the differ of his bill. On the other proposition he ex one vote." ent States. pressed no. opinion. The twentieth amendment, which deals Chapter III The purpose in this pamphlet is not to with the power only o! the President and, Articles of Confederation , challenge the patriotism or intellectual Vice President, Senators, and Representa For the reason that the ConstitutionaJ .qualifications of any Senator, but to attempt -tives,_'amends portions of article 2, sectio_n 1, , ·Convention· distinguished ·between. the man;. . to provide data to set. straight on a .funda_- clause. 2, of the Constitution, but noV~here t ner of holding electi-ons or making appoint- mental matter, all who may entertain these .touches_ on the qualification of voters who •ment of electors, or "chusing" Senators· by ideas. should choose electors. legislators, attention is directed to the pro Chapter I It is interesting and proper to note the vision in the Articles of Confederation which accuracy of the language employed, both in ·. The Constitution of the. United States, were adopted July 9, 177~. article I, section 2, clause 1: _ the original Constitution and in the amend Article 2, section 1: "SEC. 2. The House of Representatives shall ments, and especially where the. word "man- "For the more convenient management be composed of members chosen every .second ner" is used. · .of the general interests of the United States, year by the people of the several States, and In article 2, section 1, clause 2, we find, delegates shall be annually appointed in such the electors in each State shall ·have the "Each State shall appoint, in such manner manner as the legislatures of each State shall qualifications requisite for electors of the ·as the legislature thereof may direct, a num direct, to meet in Congress on the first Mon most numerous branch of the State legis ber of electors." ' The word "elect" is nowhere 'day in November, in every· year, with a power latw·e." used, and the manner of making the ap reserved to each ·state; to recall its delegates, This section was in the original Constitu pointment and all matters incidental thereto, or any of them, at any time within the year, tion, as adopted in convention September 17, except as to times and days heretofore men and to send others in their stead,· for the re 1787, and has never been amended in any tioned, are left to the discretion of the State mainder of the year." - way. On the contrary, it has been fortified legislatures. The selection of electors is a Section 4 reads: by the seventeenth amendment, the first function of the State, and the State is the "In determining questions in the United clause of which reads: - recognized unit where the selection of a States, in Congress assembled, each State "The Senate of the United States shall be President is left to the House of Representa shall have one vote." composed of two Senators from each State, tives. This has been emphatically asserted This in the midst of war,_shows how jeal elected by the people thereof, for 6 years; and by the Supreme Court of the United States ously each State guarded its right to pro each Senator shall have one vote. The elec and will be shown in another part of this vide the qualifications of those who voted and tors in each State shall have the qualifications ~~~00. . who represented it and its people, and the requisite for electors of the ·most numerous - The word "manner" has a different applica phraseology served as a guide, and in at branch of the State legislatures." _tion in article· I, sectipn 4, clause 1, which least one instance as a model, to be fol The identity of the language as to quali reads, as in the original: lowed in preparing the Constitution. Com fications shows no intention -of changing "SEc. 4. The times, places, and manner of pare article II, section 1, clause 2: "Each one iota from the purposes of 1787. So that holding elections for Senators and Represen State shall appoint, in such manner as the the same standard is to be understood as be tatives shall be prescribed in each State by legislature thereof may direct, a number of ing accepted in 1787 and in 1912-13, or dur the legislature thereof; but the Congress may electors, etc." at any time by law make or alter such regu ing and after 126 years. This is significant; Chapter IV especially in view of the fact that suffrage oc lations, except as to the places of choosing cupied the public and national mind as of Senators." Proceedings in the Constitutional Convention utmost importance in 1869-70, as is evi This clause refers to "holding elections" When the Convention assembled, several denced by the fifteenth amendment, which only. In no way does it deal with the quali members of the body offered drafts of con did not pretend to fix qualifications for voters, fication of voters. ObviOUf!ly, the members stitutions. In order to provide a ready ref · but denied the State and the United States of the Constitutional Convention saw and erence, the following citations will be of ·the power to abridge or deny "the right of made a clear distinction between what may pages of Formation of the Union, a Govern citizens to vote * • • on account of race, be called the mechanics of elections, or ment publ'1cation issued in 1927 under House color, or previous condition of servitude." _rather, the mechanism, and the persons of Concurrent Resolution No. 23 of date May . There is no suggestion that a State should be electors . 10, 1926. prohibited from denying the right to vote for Article I, section 5, clause 1, still as origi 1. Edmund Randolph's plan, presented nonpayment of a tax. nally written, reads: "Each House shall be May 29, 1787 (p. 116): We furthermore find language in the four the judge of the elections, returns and quali "4. ResolVed, That the members of the teenth amendment, 1866-68, which recog fications of its own members." Again distin first branch of the National Legislature ought nizes the right of States to deny the right to guishing between the electors and the elected, to be elected by the people of the several vote to male citizens, but penalize those as to qualifications. In another chapter the States every-- year for the term of---, States by reducing-the basis of representation. congressional interpretation of these sections etc." See sectio. 2, fourteenth amendment. Sec will be treated. Alexander Hamilton's plan presented June tion 3 of this amendment distinguishes be Chapter II 18, 1787 (p. 979) after providing for an "assembly" and a senate as the legislature tween electors and elected and imposes a dis Qualifications of voters in the Thirteen of the United States: ability (which could be and has been removed Colonies "11. The assembly to consist _of persons by Congress) merely against officials. A reference to any standard encyclopedia elected by the people to serve for 3 years." The .nineteenth amendment prohibits de will show the investigator that in the Colo· In Charles Pinckney's draft, article ill, nia1 or abr~dgement of the right to vote on nies, both at the time of holding the Consti read: "The members of theHouseofDelegates account of sex. This is the last constitutional tutional Convention and anterior thereto, shall be chosen every -- year by the people provision· dealing with suffrage, a~d again provision was- made as to qualification of of the several States; and the qualifications omits all reference to nonpayment of taxes. · voters. There wel'e property qualifications in of the electors shall be the same as those of The original Constitution in article 11, sec Connecticut, Massachusetts, Rhode Island, the electors in the several States for their . tion 1, clause 2, goes even further in dele Delaware, New Jersey, New York (except in legislatures." (This language is not found . gating power to the States over selection of New York City. and Albany), Pennsylvania, in Formation of the Union, where the plan electors for President and Vice President. Maryland, Virginia, North Carolina, South is skeletonized, p. 664, but in Elliott's De It reads: Carolina, and Georgia; reUgious qualifications bates, second edition.) The language· as to "Each -State-shall appoint, in such man ·in Massachusetts, New ·York, and some others qualifications seemed to have influenced the ner as the legislature thereof may direct, a at times; limitation of suffrage to native-born phraseology used in the Constitution which number of electors." subjects of England in Pennsylvania; to Eng substituted "electors of the most numerous Clause 3 of the same article thus deals with lishmen or descendants and French Hugue branch of the State legislature" for "their the power of Congress in this matter, and in nots in South Carolina; and. male suffrage legislatures." .a limitative manner: only, in Virginia. After considering different plans and pro "The Congress may determine the time of In 1787 all of the States required payment posals atfecting the qualifications of electors, choosing the electors and the day on which ·of taxes on real or personal property, and the Committee of Detail to whom the plans they · shall give their votes, which day shall most of them required the ownership of a and resolutions had been referred, on August be the same throughout the United States." -fairly valuable ·estate as a qualification for 6th submitted its report (p.· 471) • Under The twelfth amendment provides the man- .Governor, Senator,, or Representative in th~ ·article IV, section 1, they recited, "The Mem . ner in which . these electors evidence their State legislature. A rather full statement _bers of the House of Representatives shall be votes, and, in event no person shall have • of these provisions as to property and tax chosen every second year by the people_ o! 1942 CONGRESSIONAL RECORD-SENATE 9067 ·the several States comprehended within this . There may be those who will Insist that the freedom of the people, under the opera Union. The qualification of the Members these arguments are based on the fear that tions of the general government, that the .shall be the same, from time to time, as the power vested in the National Legislature,· right of prescribing the manner, time and . those of the electors in the several States, or in other words "the elected," might dis places of holding the elections to the federal of the most numerous branch of 1;heir own franchise, rather than enfranchise, but 1t is legislature, should be forever annexed to the legislatures." A comparison with article I, plain that the sword is two-edged, and Con sovereignty of the several States: This Con section 2, clause 1, shows the above idea ab gress being without the power by fixing quali vention doth declare, that the same ought to breviated and made more concise. cations to diminish the number of electors, remain to all posterity, a perpetual and fun The Committee of Detail were: Rutledge, is equally without power to increase the damental right in the local, exclusive of the of South Carolina; Edmund Randolph, of electorate. interference of the general government, ex Virginia; Nathaniel Gorham, of Massachu , The Attorney General of the United States cept in cases where the legislatures of the setts, who was chairman of the Committee of and these three appointees to the Supreme States shall refuse or neglect to perform a:ud the Whole; Oliver Ellsworth and James Wil Court of the United States being of one mind fulfill the same, according to the tenor of the son, of Pennsylvania. John Rutledge was . in understanding the phrase "electors to said Constitution." (Elliott's Debates, second offered a place on the first United States be the same as those of the most numerous ed., p. 350.) . Supreme Court and was afterward appointed branch of the State legislature," how can a New York, on July 26, 1886, "In full con Chief Justice. Edmund Rando~ph was Wash contrary interpretation be honestly accepted fidence • * • that the Congress will not ington's first Attorney General. Oliver Ells by any intelligence, 155 years thereafter? make or alter any regulation in this State, worth was Chief Justice of the Supreme Chapter V respecting the times, places, and manner of Court. James Wilson was a member of that holding elections for Senators or Representa Court. The legal ability and their fitness to The Federalist No. Lll tives, unless the legislature of this State shall distinguish between shades of · meaning in (B~ Hamilton, though claimed as Madison) neglect or refuse to make laws or regulations words employed to _state a legal requirement "I shall begin with the House of Repre for the purpose, or from any circumstance cannot be questioned. sentatives. . • • • The first view to be be incapable of making the r;ame" (Elliott, In the convention notes of Rufus King of taken of this part of the Government, re 2d ed., p. 363) . date August 7 (Formation of the Union, p. lates to the qualifications of the electors and Rhode Island, on May 29, 1789, copied with 873) , when the phrase "Electors to be the the elected. out change the New York declaration, and same as those of the most numerous branch "Those of the former are to be the same added after the final word there, a comma, of the State legislature," King quotes Morris, with those of the electors of the most nu and the words "and that in those cases such who offered as an alternative, "to add a merous branch of the State legislatures. The power will only be exercised until the legis clause giving to the National Legislature definition of the right of suffrage is very lature of this State shall make provision in powers to alter the qualifications." Where justly regarded as a fundamental article of the premises." upon Ellsworth said, "If the Legislature (i. e., republican government. It was Incumbent Chapter VII Congress) can alter the qualifications they on the Convention, therefore, to define and may disqualify three-fourths, or a greater establish this right in the Constitution. To Decisions of United States Courts portion, of the electors. This would go far have left it open for the occasional regUla Bradley, Circuit Justice, in Federal Case to create aristocracy-the States have staked tion of the Congress would have been im No. 14, page 897, U. S. v. Cruikshank, speak their liberties on the qualifications which we proper for the reason just mentioned ing of the fifteenth amendment, declares, have proposed to confirm." • • •. The provision made by the Con "It does not confer the right to vote. That John Dickinson wished to confine the elec vention appears, therefore, to be the best that is the prerogative of the State laws. It only tors to freeholders, saying, "not from free lay within their option. It must be satis confers a right not to be excluded from vot holders but from those who are not free factory to every State; because it is con ing by reason of race, color, or previous con holders, free governments have been endan formable to the standard already established, dition of servitude, and this is all the right gered" (pp. 873-874); and Madison said, "I or which may be established by the State that Congress can enforce. It confers upon am in favor of entrusting the right of suf itself" (p. 290). citizens of the African race the same right frage to freeholders only" (p. 874). The above was written by Hamilton, ac to vote as white citizens. It makes them On August 8 the discussion being con cording to that best of authorities, General equal. This is the whole scope of the amend tinued, Gorham spoke as follows: "The quali Washington. Hamilton believed not only in ment. The powers of Congress, therefore, fications (being such as the several States pre centralized government but in monarchial are confined within this scope." scribe for ei.ectors of their most numerous government, and we cannot charge him with And, again, • "It is not the right to vote branch of the legislature) stand well. • • • States' rights ideas which influenced his ex which is guaranteed to all citizens. Congress There is no risk in allowing the merchants planation of the clear language of the Con cannot interfere with the regulation of that and mechanics to be electors, they have been stitution and its exclusive-its properly ex right by the States except to prevent by so time immemorial in this country and in clusive-meaning. appropriate legislation any distinction as to England. We must not disregard the habits, In contrast to the provision for electors, race, color, or previous condition of servitude. usages, and prejudices of the people" · (pp. the Federalist, No. LII, discusses the The State may establish any other conditions 815-816). "elected": "The qualifications of the elected, and discriminations it pleases, whether as In Madison's own notes, August 17, 1787 (p. being less· carefully and properly defined by to age, sex. property, education, or anything 487), he reports Mr. Gouverneur Morris, "An the State constitutions. and being at the else." (Of course "sex" has been added by other objection against the clause as it stands same time more susceptible of uniformity, the nineteenth amendment.) This case was is that it makes the qualifications of the Na have been very properly considered and reg decided in 1874. tional Legislature depend on the will of the ulated by the Convention" (p. 291). In 1875, the case of U. S. v. Beese (92 U. s. States. which he t~ought not proper." On 214) was decided by the Supreme Court of_the this same date he reports James Wilson as Chapter VI United States, wherein, on page 217, the Court stating, ''This part of the report was well con In the State conventions held to consider said, "The fifteenth amendment does not con sidered by the committee, and he did not adoption of the Constitution, there were no fer the right of suffrage upon anyone think it could be changed for the better. It resolutions criticising the phrase, "the elec • • • ." This case is of particular interest was difficult to form any rule of qualifications tors in each State shall have the qualifica because of the discussion of the capitation tax for all the States. Unnecessary innovations tions requisite for electors in the most nu in the dissent of Justice Clifford. Justice he thought too should be avoided. It would merous branch of the State legislatures." Clifford thus states the Kentucky law, "Such be hard and disagreeable for the same persons There were, however, eVidences of dissatis citizens, without distinction of race, color. or at the same time, to vote for representatives faction with the concluding language of previous condition of servitude, in order that in the State legislature and to be excluded article I, sect!on 4, clause 1, referring to times, they may be entitled to vote at any such elec from a vote for those in the National Legis places, and manner of holding elections, and tion (i.e., a municipal election) must be free lature" (p. 487). Madison also reports, "Mr. which read, "but the Congress may at any male citizens over 21 years of age, have been a. Ellsworth thought the qualifications of the ·time by law make or alter such regulations, resident of the city at least 6 months, and electors stood on the most proper footing. except as to the place o! chusing Senators." of the ward in which he resides at least 60 The right of suffrage was a tender point, and Massachusetts, on February 7, 1788, r€c• days prior to the day of election, and have strongly guarded by most of the State con ommended "That Congress do not exercise paid the capitation tax assessed by the city stitutions. The people will not readily sub the powers vested in them by the 4th sec on or before the 15th of January preceding scribe to the National Constitution if it should tion of the 1st Article, but in cases where a the day of election • • *" (92 U.S. p. 226). subject them to be disfranchised. The States State shall neglect or refuse to make the "Payment of the capitation tax on or before are the best judges of the circumstances and regulations therein mentioned, or shall make the 15th of January preceding the day of temper of their own pecple" (p. 4.87). · regulations subversive of the rights of the the election, is, beyond all doubt, one of the Dr. Franklin said among other things: "He people to a free and equal representation in prerequisite acts, if not the only one referred did not think the elected bad any right in Congress agreeably to the Constitution." to in that part o! the section!' The section any case to narrow the privileges of the elec (Elliott's Debates, second ed., p. 54.) referred to is section 3 of the Enforcement ·tors" (p. 491). "Mr.· Rutledge thought the South Carolina, on May 27, 1788: "And Act of Congress of May 31, 1870, 16 Statutes idea of restraining the right of suffrage tq the whereas it is essential to the preservation of at Large 140. Section 3 of the Enforcement ,freeholders a very unadvised one" (p. 491). the rights reserved to the several States, and Act is explained by Judge Clifford, page 228, 9068 CONGRESSIONAL RECORD-SENATE NOVEMBER 23 and by the Court's opinion, page 216, as pro In 1916, 1n U.S. v. Gradwell (243 U.S. 476), of fraud and corrupt practices, counting of viding, "Whenever, under the constitution the Court reviewed the acts of Congress in votes, duties of inspectors and canvassers, and laws of a State, or the laws of a Territory, · regulating the conduct of congressional elec and making and publication of election re any act is or shall be required to be done by tions, and said of this (p. 483): "It will be turns; in short to the numerous require any such citizen as a prerequisite to qualify seen from this stat~ment of the important ments as to procedure and safeguards which or entitle him to vote, the offer of any such features of these enactments that Congress experience shows are necessary in order to citizen to perform the act required to be done by them committed to Federal officers a very enforce the fundamental rights involved. as aforesaid shall, if it fail to be carried into full particip~tion in the process of the elec * • • All this is comprised in the subject execution by reason of the wrongful act or tion of Congressmen, from the registration of of times, places, and manner of holding elec omission aforesaid of the person or officer voters to the final certifying of the results, tions and involves lawmaking in its essen charged with the duty of receiving or permit and that the control thus established over tial features and most important aspect." ting such performance or offer to perform, be such elections was comprehensive and com T'.r;1is case involved the power of the Governor deemed and held as a performance in law of plete." to veto a congressional redistricting act such act." Judge Clifford further states, page In 1919, in Hawke v. Smith (253 U.S. 221), passed by the legislature. There the Court 229, "Obviously, the payment of the capita on page 227, the Court said: "A legislature said, "At the time of the adoption of the tion tax on or before the time mentioned is a was then (i. e., in 1787) the representative Federal Constitution it appears that only prerequisite to qualify the citizen to vote." body which made the laws of the people. The two States had provided for a veto upon the And again, page 231, "Had Congress intended term is often used in the Constitution with passage of legislative bills. • * • But by the third section of that act to abrogate this evident meaning. Article I, section 2, the restriction which existed in the case of the election law of the State creating the pre prescribes the qualifications of electors of these States was well known.'' requisite in question, it is quite clear that the Congressmen as 'those requisite· for electors In the same year, in the case of Koenig v. second section would have been wholly uu of the most numerous branch of the State Flynn (285 U.S. 375), the argument of Henry necessary." legislature.'" And on page 228: "There can be Epstein, late candidate for attorney general Judge Hunt in his dis.sent, page 247, says: no question that the framers of the Consti and his brief, cosigned by John J. Bennett, "By the second section of the fourteenth tution clearly understood and carefully used contained authorities to sustain their con amendment, each State had the power to the terms in which th'at instrument referred tention that fixing the boundaries of con refuse the right of voting, at its elections, to to the action of the legislatures of the States. gressional districts "calls for the exercise any class of persons, the only consequence When they intended that direct action by of the lawmaking function.'' And the brief being a reduction of its representation in the people should be had, they were no less for James A. Farley, filed by Robert F. Wag Congress, etc. * * * This was under accurate in the use of apt phraseology to carry ner and John J. O'Connor, argued that "the stood to mean, and did mean, that if any out such purpose. The Members of the phrase 'prescribed in each State by the legis one of the late slave-holding States should House of Representatives were required to be lature thereof' means legislation' in each desire to exclude all its colored population chosen by the people of the several States" State by whomsoever each State has deter from the right of voting at the expense of (art. I, sec.,2). mined to be its lawmaking power.'' reducing its representation in Congress, it In, 1920, in Newberry v. Unjted States (256 It is true that the question of "qualifica could do so." Judge Hunt quotes the act of U.S. 232), on page 249, we read, "We find no tions" is not raised in these cases, but the Congress, pages 239-240, and quotes from the support in reason or authority for the argu language of the United States Constitution indictment in this case, which specifically ment that because the offices were created by which gives the Congress the power to "make alleged "that by the statute of Kentucky to the Constitution, Congress has some indefi or alter such t·egulations" is specifically ex entitle one to vote in an election in that nite, undefined power over elections for Sena plained in Smiley v. Holm, which is given State the voter must possess certain qualifi· .tors and Representatives not derived fr~m as the basis for· the Supreme Court's deci cations recited and have paid a capitation section 4." The decision then quotes from sion in the Koenig case. It is to be noted tax assessed by the city of Lexington; that Judge Iredell (afterwards of this Court) in that not only are "qualifications" for voters James F. Robinson was the collector of said the North Carolina Convention of 1788, distinguished from "the times, places, and city entitled to collect said tax; that Garner, "• • * the same observation may be made manner of holding elections," but these in order that he might be entitled to vote, did as to the House of. Representatives, since as latter provisions are in section 4 while the offer • • • to pay any capitation tax, they are to be chosen by the electors of the former are in the first clause of section 2 etc." most numerous branch of each State legis and are part of the same sentence that creates There is a recognition after the passage of lature, if there are no State legisl-atures, there the "House of Representatives." the·fifteenth amendment; by 1Jle Department are no persons .to choose the House of Repre of Justice and the courts, as well as by Con sentatives" (p. 249) .. On page 255, the Court Chapter VIII - gress, of the States' right to make a capita said, "Section 4 was bitterly attacked in the This brings us to the case of United States tion or poll tax a prerequisite to voting. State conventions of 1787-89, because of its v. Classic (313 U. S. 299), which has been In 1884, in the Ku Klux cases (110 U. S. alleged possible use to create preferred classes declared by the United States Senator first 651), after quoting· article I, section 2, the and finally to destroy the State. • • * Mr. referred to as an authority for his position. Court said: "The States in prescribing the Hamilton asserted, 'The truth is that there is An examination of the facts on which this qualifications of voters for the most numer no method o,f securing to the vote.r the pref case was founded refUtes any contention ous branch of their own legislatures do not erence apprehended, but by presctibing quali that it even suggests an interference with do this with reference to the election for fications of property either for those who may the right of the States to fix qualifications Members of Congress, nor can they prescribe eleQt or be elected. But this forms n:o part for voters. Mr. Justice Stone, now Chief the qualifications for voters for those eo of the power to be conferred upon the Na Justice, states that "The questions for deci nomine. They define who are to vote for the tional Government. Its authority would be sion are whether the right of qualified voters popular branch of their own legislature, and expressly restricted to the regulation of the to have their ballots counted is a right 'se the Constitution of the United States says times, the places, and the manner of elec cured by the Constitution within the mean the same persons shall vote for Members of tions. The qualifications of the persons who ing of sections 19 and 20 of the Criminal Code, Congress in that State." Later in this deci may choose or be chosen, as has been re and whether the acts of appellees charged in sion the Court said: "It is as essential to the marked upon another occasion, are· defined the indictment violate those sections" (p. successful working of the Government that and fixed in the Constitution and are un 307). On page 308, "The charge • • • was the great orga.nisms of its executive and leg alterable by the legislature.' (The Federalist, that the appellees conspired • • • to in islative branches should be the free choice of LX.) The history of the times indicates be jure and oppress citizens in the full ex the people, as that the original form of it yond reasonable doubt that if the Constitu ercise and enjoyment of rights and pri should be." tion makers had claimed for this section the vileges secured to them by the Constitution In 1914, in Guinn v. U. S. (238 U. S. 347), latitude we are now asked to sanction, it and laws of the United States; namely (1) speaking of the fifteenth amendment, the would not have been ratified.'' ' (See Story, The right of qualified voters who cast their Court said: "It is true also that the amend Constitution, sections 814, et seq.) It is ballots in the primary elections to have their ment does not change, modify, or deprive the highly noteworthy that the two authorities ballots counted as cast for the candidate States of their full power as to suffrage ex above cited, Alexander Hamilton and Jus of their choice.'' It is obvious that the cept, of course, as to the subject with which tice Story, were perhaps, with Chief Justice "qualifications of voters" was not an issue the amendment deals and to the extent that Marshall, the most prominent prop onen ts of 1n this case, but the voters involved were obedience to its command is necessary. Thus a strong National Government and in no unquestioned "qualified voters," and the the authority over suffrage which the States wise equally strong advocates of State sover question was fraud in "holding" a primary poEsess and the limitation which the amend eignty. election. ment imposec; are cocrdinate and one may not In 1931, in Smiley v. Holm (285 U. S. 355, On the other hand, in the Classic case, the destroy the other without bringing ahout the p. 366), Chief Justice Hughes (Cardoza took Court said, "That the free choice by the destruction of both" (p. 362). In stating no part): "The subject matter is the times, people of representatives of Congress subject the Government's contentions, the Court had places, and manner of holding elections for only to the restrictions to be found in § § just previously said: "It (the United States) Sanators and Representatives. It cannot be 2 and 4 of article I and elsewhere in the says State power to provide for suffrage is not doubted that these comprehensive words Constitution, was one of the great purposes disputed, although, of course, the authority embrace authority to provide a complete code of our constitutional scheme of government of the fifteenth amendment and the limita for congressional elections, not only as to cannot be doubted" (p. 316). Again, the tion on that power which it imposes is times and places, but in relation to notices, Court said, "As we have said, a dommant insisted upon" (p. 359)_. registration, vrotection of voters, prevention purpose of section 2 so far as the selection 1942 CONGRESSIONAL RECORD-SENATE 9069 of representatives in Congress is concerned, the course of its decision, the Court said, territory included by this test shall be con was to secure to the people the right to "The right to vote intended to be protected sidered the club district of such club: Pro choose represen tati ves by the designated elec refers to the right to vote as established by vided, That the county executive committee tors, that is to say, by some form of election." the laws and constitution of the State." may define the club by metes and bounds, in The restrictions, of course, are those imposed These comprehensive words, "the right to which case the voters must vote at the club by the phrase, "The electors in each State vote," necessarily preclude intervention by !or said district. shall have the qualifications requisite for Congress and conclude all discussion, so that "No person shall be enrolled to any club electors of the most numerous branch of the views contrary to the Supreme Court's con or take part in any club meeting or vote in State legislature," and "the designated elec tinual rulings as to State elections cannot be any primary or be elected a delegate to the tors" are the electors designated in the same treated as resting upon logic or law. county convention, except in the club district phrase. In which he resides. We may add that as far back as the Four Mr. MAYBANK. Mr. President, I ask "There shall be in no case more than 1 teenth Congress (1815-17) in the case of unanimous consent to have printed in the voting place for each club. No club shall have Potterfield v. McCoy (C. and H. 267, 270), RECORD a copy of the voting laws of South less than 25 members: Provided, however, where there had been an agreement between Carolina recently enacted. That any county committee may permit the the two candidates as to the classes of voters There being no objection, the laws organization of a club of less than 25 mem that were to be admitted, the committee to bers at inaccessible points where there are whom the contest was referred, held that the were ordered to be printed in the REc less than 25 voters. agreement of parties could not enlarge or ORD, as follows: "No perfion shall vote except at the voting diminish the rights of voters and decided the No. 737 place authorized by the county committee for votes to be legal or illegal according to the An act to amend sections 2358 and 2406, Code the club to which he belongs: Provided, That Virginia law and the House adopted the re of Laws of South Carolina, 1932, so as to if he remove from a club district within 60 port of the committee. further provide for the enrollment and days prior to the first primary he may vote (in Chapter IX voting of persons serving in the armed the year in which he removed) in the club dis forces of the United States or employed Pro The other question raised was as to the trict in which he previously resided: in Government-operated defense establish vided further, That he must have enrolled right of Congress to fix qualifications for voters in State or local elections. This mat ments or reservations before the closing of the club list. ter should be set at rest by the authorities Be it enacted by the General Assembly of "Federal, State, and county officers tempo heretofore cited, but the exact matter has the State of South Carolina: rarily residing at or near the capital or county been dealt with in a definite manner. First, SECTION 1. Section 2358, 1932 Code, amend seat may retain their membership and voting there is nothing anywhere in the Constitu ed-enrollment and voting of persons in rights in their former home clubs if they so tion itself fixing the qualifications for voters armed forces of United States or employed in desire. in State elections; second, in three places we defense activities: That section 2358, Code "In case of mobilization of the National find provisions in the Constitution that leave of Laws of South Carolina, 1932, be, and the Guard of this State, the State committee shall to the State or its governmental agencies the same is hereby, amended by adding the fol provide for the enrollment and voting of all determination of the electorate: lowing proviso at the end of said section: members of the National Guard qualified to (a) Article I, section 2, "The electors in "Provided, further, That in case of the vote. Provided further, That in case of the each State shall have the qualifications req declaration of war, all persons serving tn the declaration of war, all persons serving in the uisite for electors of the most numerous armed forces of the United States of America armed forces of the United States of America branch of the State legislature," to vote for or employed in Government-operated defense or employed in Government-operated defense Representative; establishments or reservations wherever establishments or reservations wherever (b) Article I, section 3, clause 1, "The located, and qualified to vote shall be entitled located, and qualified to vote shall be entitled Senate of the United States shall be com to enroll or be enrolled and vote at their to enroll or be enrolled and vote at their posed of two Senators from each State, precinct, and provision for same shall also precinct and provision for same shall also chosen by the legislature thereof, for 6 years, :be made by the State committee and the be made by the State committee and the sec and each Senator shall have one vote." secretary of each club shall have full power retary of each club shall have full power to (c) "Each State shall appoint, in such to enroll said voters without the signing of enroll said voters without the signing of the manner as the legislature thereof may direct, the enrollment books by said voters upon the enrollment books by said voters upon the a number of electors, etc.," to vote for Presi secretary receiving information satisfactory secretary receiving information satisfactory dent and Vice President. to him that said voters are qualified here to him that said voters are qualified hereun (d) The first and third cited provisions under but provided further that this amend der but provided further that this amend have never been changed. ment shall apply only until 1 year after peace ment shall apply only until1 year after peace · Article I, section 3, clause 1, has been is declared," so that said section when so is declared." changed by the seventeenth amendment and amended shall read as follows: SEc. 2. Section 2406, 1932 Code, amended made to conform to article I, section 2, "SEc. 2358. In cities of over 10,000 inhabi Persons in military serv1ce or employed in clause 1, by making the same qualifications, tants, one or more clubs shall be organized in Government-operated defense activities vote to wit: "Electors of the most numerous each of the wards. Each ward shall be a club by absentee ballot: That section 2406, Code branch of the State legislatures," the electors district unless subdivided by county com of Laws of the State of South Carolina, 1932, of United States Senators. mittee. And the county committee of each be and the same is hereby amended by in In Hawke v. Smith (253 U. S. 221), the county in which such cjty is located may per serting after the word "sickness" and before Court said, page 227, "It is not the function mit voters residing in the county outside of the word "from" on line 2 of said section, the of courts or legislative bodies, national or such city to belong to .a club located in such following "or on account of service in the State, to alter the methods which the Consti city, and to vote therein in the club nearest military forces of the United States . of tution has fixed." to their respective residences calculated by America, or on account of employment in In United States v. Cruikshank (92 U. S. the most practicable and convenient route. Government-operated defense establishments 542), page 1?56: "The right tp vote in the In cities or towns of less than 10,000 inhabi or reservations." States comes from the States; but the right tants the county committee may authorize Amend further by inserting, after the word of exemption from the prohibited discrim the consolidation of two or more wards to "sickness"' and before the word ''cannot", on ination comes from the United Stat'es. The form a club district, and where townships line 2 of said section, the following: "or first has not been granted or secured by the are embraced in part in such cities or towns, military service or employment in Govern Constitution of the United States; but the the county committee may permit the voters ment-operated defense establishments or res last has been." This decision was rendered residing in such townships to belong to a ervations", so that said section when so by Chief Justice Waite in 1876. club located in such town or city and to vote amended shall read ~as follows: The same Court at the same term, the in such town or city in the club nearest to "SEc. 2406. Any person being a qualified same Justice speaking, in United States v. their respective residences calculated by the voter of this State when absent on account of Reese (92 U. S. 214), on page 218, said, "The nearest practicable route: Provided, No per sickness or on account of service in the mili power of Congress to legislate at all upon son shall be enrolled or vote out of the county tary forces of the United States of America the subject of voting at State elections in which he resides. In cities or towns which or on account of employment in Govern rests upon this amendment." These deci are not divided into wards the county com.:. ment-operated defense establishments or res sions were rendered during the days when mittee may designate the extent of the club ervations from his voting precinct, or who on factions pressed hard for legislation and ad district. P1·ovided, That in the city of account of s~ckness or military service or judication that would make the Congress Sumter one or more clubs may be organized employment in Government-operated de supreme and give it full jurisdiction over in each ward thereof, and the executive com fense establishments or reservations cannot the situation in the South, and the above mittes of any political party may provide for go in person to his or her voting precinct two cases arose in Louisiana and Kentucky, as many voting precincts in the wards of said during any primary election may vote as respectively. city as in their judgment may be necessary. hereinafter provided for." In McPherson v. Blocker (146 U. S. 1), de "In all other cases the voter must enroll SEc. 3. Repeal: All acts or parts of acts in cided in October 1892, the Court considered in the club nearest his place of residence, consistent herewith are hereby repealed. a Michigan statute requiring electors for calculated by the nearest practicable route, SEc. 4. Time effective: This act shall take President to be elected b¥ districts instead regardless of townshi.P lines, and can only effect immediately upon the approval o:t: the of the State at large, and held it valid. In vote at the voting I>laoo of s:uch club, and the Qovernor. 9070 .CONGRESSIONAL RECORD-SENATE NOVEMBER 23 No. 245 sponsible for all ballots furnished. When a organizations, or associations, are hereby au An act to provide manner, procedure, .quall voter presents himself he shall be given a thorized to administer oaths in all matters fication for registration and voting in prl· ballot, provided he is a native citizen of the relating to such primary elections, and to mary elections in cities with a population United States, or if he is a naturalized citizen swear falsely before any of them, touching of not more than 6,500 and not less than he must show his naturalization papers be-· such matters, shall be perjury. The said 6,000 according to the official United States fore the managers shall give him a ballot. managers shall be sworn to ,conduct the census · The manager in charge of the poll list shall election fairly and legally, and each voter enter the number of the ballot next the Be it enacted by the General Assembly of shall be sworn as to his right to vote and name of the voter. The voter shall forth that he has not voted before at said elec the State of South Carolina: with retire alone to one of the booths and, SECTION 1. Municipal primaries, counties tion. with city of 6,ooo· to 6,500-enrollment: In without undue delay, prepare his ballot by SEC. 17. Board of commissioners of elec counties containing a city or not less than scratching out the names of the candidates tion-appointment--term-removal-vacan for whom he does not care to vote. After cy-<:ompensation-powers-<:i ty executive 6,000 inhabitants, nor more than 6,500 inhabi preparing his ballot the voters shall present tants, according to the 1940 Federal Census, committees: The board of commissioners of himself to the managers. His ballot must be election in any city in which the provisions the following provisions shall obtain tor all folded in such a way that the number can municipal primaries: of this article ar pplicab1e shall consist of be seen and the coupon can be readily de three members, who shall be recommended Each applicant for enrollment shall, in tached by the manager without in any way person, write upon the club roll his full name by the city executive committees of organ revealing the printed portion of the ballot. ized political parties participating in the and immediately thereafter, his age, occupa If the voter is not challenged, and takes the tion, and post-office address, and, if in a city primary elections from among the registered prescribed oath, the manager shall tear off electors qualified to vote in said city. Upon or town, shall write the name of the street the coupon, put it on file and the voter shall and the number of the house in which he such recommendation the names of such deposit the ticket in the box. If a voter shall persons so recommended shall be certified resides, if such designation exists in said city mar or deface his ballot he may obtain one or town. In the event of the inability of by the committee or committees to the Gov additional ballot, upon returning to the man ernor of the State, who shall thereupon ap the applicant to write, he may make his mark ager in charge of the ballots the ballot so upon the roll, which shall be witnessed by point the same to serve as the board of elec marred or defaced, with the coupon attached. tion commissioners for said city for the term the secretary or other person then having The manager in charge of the poll list shall the custody thereof, who shall fill in the of 2 years, and until their successors are ap change the number of the ballot on his poll pointed and have qualified, unless sooner re other requirements. list and place the defaced ballot on file. No SEc. 2. Enrollment books: The municipal moved by the Governor for cause, and any voter shall be given a second ballot until he vacancy occurring on the commission shall be committees shall furnish to the secretaries has returned the first one, with coupon at suitable books for such enrollment. The filled as herein provided: Provided, The tertn tached. of office of the members of the board of com enrollment books shall be kept in the custody SEc. 11. Persons assist in voting: No person of the secretaries of the respective clubs, at missioners in such city now provided for by shall be allowed within the booth except as law shall continue for the term of their ap• such places as shall be designated by the hereinafter provided. If a voter cannot read municipal executive committee. The enroll pointment but no longer. The compensation or write, or is physically disabled, and by of said commissioners shall be $40 a year each, ment books shall be opened to inspection by reason thereof did not sign the enrollment any member of the party. to be paid quarterly by the city treasurer. book, he may appeal to the managers for Said commiesioners shall take the oath of SEc. 3. Enrollment oath: Each voter ap assistance, and the chairman of the managers plying for enrollment on any club roll shall office as prescribed by section 26, article 3 of may appoint two of the watchers represent the constitution, and shall organize as a board take oath that he is duly qualified to vote ing different factions to assist him in pre in said election. by appointing .one of their number chairman paring his ballot. of the board, and such chairman shall be em SEc. 4. Penalties: Every person enrolling SEc. 12. Persons admitted to polling· places himself who is not entitled to be enrolled, or powered to administer oaths. City executive and canvass of vote: From the time of the committees hereinabove mentioned shall be who shall violate any of the provisions hereof, opening of the poll until the announcement of shall be deemed guilty of perjury, and the made up of delegates from ward or precinct the result, the signing of the official returns, clubs or organized political parties and shall production of the books of enrollment, no person shall be admitted to the polling showing the enrolb;nent of any such person, function under- rules promulgated by such place except the managers, duly authorized parties. shall be prima facie evidence that the person watchers, and challengers, the chairman of so enrolled has acted in violation of the the executive committee or member of the SEc. 18. Party primary nominate candidates provisions of law. executive committee appointed in his stead for mayor or councilman-how conduct SEc. 5. Official club roll: When said rolls to supervise this polling place, persons duly time-persons's vote-voter's oath-<:andi have been revised and corrected by the said admitted for the purpose of voting, police dates--ballots~votes necessary elect-second municipal committee, they shall be certified officers admitted by the managers to preserve primary: There shall be no party primary to, and shall thereupon become official club order or enforce the law: Provided, however, nominations of any person as a candidate for rolls. That candidates for public office voted for at mayor or councilman, unless said party pri SEC. 6. Managers-duties as to enrollment such polling place may be present at the mary election be ccnducted and the ·qualifi books and boxes: The original enrollment canvass of the votes. cations for suffrage therein to be enforced as books shall be delivered to the managers of . SEc. 13. Interference with managers-ob herein provided. The primary election of any the primary elections by the municipal ex struction of voting: If the watchers or of party for nominating. mayor and councilman ecutive committee the day before the open ficers of the law who are admitted to the shall be held on the fourth Tuesday preceding ing of the polls located in cities, and not more polling place by the managers shall interfere the municipal election, and shall be conducted than 3 days before the opening of the polls. · with the managers of obstruct the voting, it by the duly appointed board of commissioners The managers of the primary elections shall shall be the duty of the managers to suspend of elections and board of managers of elec return said enrollment books to the chair the election until order is restored, or as may tions for the said municipal election, who man of the municipal executive committee be provided by the rules of the party. shall be paid for the holding of said munici immediately after the counting of the vote, SEC. 14. Returns: Upon the close of the pal election, and shall conduct the primary along with the boxes. election, managers shall account to the ex elections at the same places and in the same SEc. '7. Booths: There shall be provided at ecutive committee for all ballots delivered to manner · and with the enforcement of the each polling precinct one booth for each 100 them, and make the following returns: (a) same requirements for suffrage as are here enrolled voters. The booths shall be made of The number of official ballots furnished to inafter set forth, havlpg a separate box for wood, sheet metal, or any other suitable sub each polling precinct; (b) the number of each organized political party in said city, and stance, shall not be less than 32 inches wide official ballots spoiled and returned by voters; for any violation of the law governing the and 32 inches deep, and 6 feet 6 inches high; (c) the number of official ballots returned to same shall be subject to the same punishment shall be provided with a curtain, hanging the executive committee; (d) the number as any violation of the law governing other from the top in front to within 3 feet of the of official ballots actually voted. elections: Provided, however, That no person floor, and shall have a suitable shelf on which SEc. 15. Party rules: Except as herein pro shall be allowed to vote in any party primary the voter can prepare his ticket. vided, the primary election shall be con election unle::s he or she be a member of said SEc. 8. Table for managers: The polling ducted in accordance with the party rules. party, and shall subscribe to the following places shall be provided with a table for the SEc. 16. Penalties--oath: Any person vio oath: "I do solemnly ~wear that I am a mem -managers. lating the provisions of this article other ber of this club district, that I am a member SEc. 9. Ballots, contents, numbers, amount: than swearing falsely, shall be guilty of a mis of ------party, duly qualified to vote at The tickets shall have a coupon at the top, demeanor and fined not over $500, or im this election, and that I have not voted before perforated, so as to be easily detached. On prisoned not over 6 months, or both at the at this election": Provided further, That no the coupon shall be printed, "Official Ballot." discretion of the court. Any person swear primary election shall be held for any political "Club ______, Ward ______, No ______.. The ing falsely in any of the matters pertaining party unless the chief ofiicer or officers in its numbers shall run serially for each club. to primary elections shall be guilty of per city organization shall notify the chairman of There shall be 50 percent more ballots than jury, and punished as now provided by law the board of commissioners of elections for there are voters enrolled at each polling place. for perjury. The officers and managers of all the municipal election at least 5 days before SEc. 10. Ballots--duties of managers as to clubs, and members of the State and county the time for the !lolding of the party primary voting-second: The managers shall be re- executive committees of political parties. election, and at such primary election three, 1942 CONGRESSIONAL RECORD-SENATE 9071 members of such political party, duly ap a fair and impartial manner correct and purge having a population between e,ooo and pointed for the P\lrpose by the proper officers the rolls, striking off the names of all persons 6,500 of the party, shall have the right to be present not residing in the ward or voting precinct Be it enacted by the General Assem,bly of at each polling precinct and advise the man for which each roll was made up, or other the State oj South Carf!lina: agers 1f any person offering to vote in said wise improperly enrolled, and adding any SECTioN 1. Issue absentee ballots to persons party primary be not a member of said party names improperly omitted: Provided, No absent or unable to vote in person on account and file protest a.s ground for legal contest in name shall be striken from any roll without of sickness in municipal primaries, cities of case such person be allowed to vote by the 3 days' notice by mail to the address appear 6,000 to 6,500: The election commissioners legal managers. No ballot cast in said primary ing on the roll to the person whose name is of any municipal primary in towns and cities election shall be counted for any person who proposed to be dropped. When said rolls have of a population of not less than 6,000 nor shall not have filed with the chairman of the been revised and corrected by the said board more than 6,500 inhabitants according to the board of commissioners of elections the pledge of commissioners of elections, they shall be 1940 Federal census are hereby empowered, as to corrupt practices and an itemized state certified, to and shall thereupon become the authorized, and directed to issue absentee ment as to expenditures, as provided in an offi.cial rolls, a,nd no names shall be added ballots to any person being a qualified voter act making certain offenses in primary elec tb:ereafter, except by the order of a judge when absent, or who on account of sickness tions, misdemeanors and prescribing penalties of a court of record. Upon the completion of cannot go in person to his or her voting pre therefor, approved March 6, 1908, volume said revision, the chairman of said board shall cinct during any primary election, in con XXIV, in the statutes at page 949. All can immediately file in the office of the clerk of formity with the provisions of this act as didates in the primary election classed ac said city a list duly certified by him of all hereinafter provided for. cording to their party affl.liation, to be pub names added or dropped from said roll, with age, place or residence, and occupation, which SEC. 2. Application for ballot: He shall lished in a daily newspaper of the city from make application in writing for a ballot to the time that they have become qualified as list shall be preserved by the clerk along with the duplicate o;f roll on file in his office, any the committee on enrollment or club secre candidates up to and including the day of the tary, of his precinct, not less than 5 days primary election, and the said board shall person may there inspect said roll and list of corrections at all times. The original roll nor more than 60 days prior to the primary provide the printed ballots to be used in the in which he desires to vote, if he be within said party primary elections, the names of shall be delivered to the managers of the primary election by the board of commis the confines of the United States. The appli candidates for mayor and, also separately, the cation must be handed to the enrollment names of candidates for councilmen, arranged sioners of elections before the day for the opening of the polls; and no person shall be committee or club secretary and the appli alphabetically, the ballots in each case to allowed to vote at said election whose name cant shall deposit the necessary postage or the bear the words, "Vote for (the number to be does not appear on said original roll as herein correct amount in legal tender, necessary :(or elected)." The candidates receiving the larg required. The managers of election shall re registering the ballot, and full directions for est majority vote shall be declared elected. turn said rolls to the chairman of the board mailing the same. But the failure to deposit In case a primary election does not result in of commissioners of elections immediately necessary postage shall not render void a vote a majority and a larger vote for the number after the counting of the votes and the dec otherwise legally cast. of persons to be elected in the regular munici laration of the result, or as soon thereafter as SEc. 3. Delivery of ballot and instructions: pal election, a second primary shall be had on practicable: Provided, If the original roll be The committee on enrollment or club secre the seventh day after the first primary in lost or misplaced, a copy of the duplicate as tary shall, upon receipt of the application for which second primary the ballots shall con corrected by the board of commissioners of ballot, if the applicant is duly registered in tain for each position for which choice is to elections and filed in. the clerk's office, such that precinct, enroll the name and address be made, the names of two persons; those copy to be certified to by him shall be used of the applicant on a list to be kept by them receiving the highest vote at the preceding in the place of the original. for that purpose and deliver to the applicant primary election. SEC. 20. Qualifications for party member in person, or forward to the applicant, by SEc. 19. Books of enrollment-enrollment ship-tax receipt not necessary enroll vote in registered mail the following: (a) An en of persons-correct--certify-use-persons primary: The qualifications for membership velope containing the folded ballot, sealed vote--lost: Books of enrollment for voting in of such party, organization, or association in and marked "Ballot within. Do not open the primary elections provided herein shall be this State, and for voting at the primary shall except in presence of postmaster" (or other caused to be opened by the board of commis be as follows, viz: The applicant for mem person mentioned in section 6); ·(b) An en sioners of elections and board of managers of bership, or voter, shall be 21 years of age, or velope for resealing the marked ballot, on elections for the said municipal primary elec shall become so before the succeeding gen which is printed the "voucher," form of tion in each ward of such city at least 60 eral election. He shall be a citizen of the which is hereinafter provided; (c) a properly days before the first municipal primary elec United States and of this State. No person addressed e-nvelope for the return of said tion. Notice thereof shall be given by the .shall belong to any club or vote in any pri ballot; (d) a printed slip giving full instruc chairman of the board of commissioners of mary unless he has resided in the State 2 tions regarding the manner of marking the election and such other information with years and in the county 6 months prior to ballot, in order that the same may be count regard thereto as the chairman of said board the succeeding general election and in the ed, and how prepared and returned; (c) a may desire to give. Each applicant for en club district 60 days prior to the first primary "coupon," the form of which is hereinafter rollment shall, in person, write upon the roll following his offer to enroll: Provided, That given. his full name and immediately thereafter, his public-school teachers and ministers of the "The voucher" called for in section 3 and or her age, occupation, street and number of gospel in charge of a regular organized church printed on the envelope in which the ballot the house in which he or she resides. If the and Federal employees from this State sha!l is to be sealed up after the same has been name be illegible, the one in charge of said be exempt from the provisions of this section marked shall be in the following form: enrollment book shall write his or her name as to resident, if otherwise qualified: Pro Voucher, This is to certify that the enclosed beneath the signature of the applicant. In ·vided, That the State convention of any po ballot was received by me as per my applica the event of the inability of the applicant to litical party, organization, or association in tion to the committee on enrollment or club write, he or she may make his or her mark this State shall have the power and authority secretary of ------precinct, ------County upon the roll, which shall be witnessed by the to add to or to limit the qualifications for (or city), S. C. The envelope marked "ballot party who is in charge of said enrollment membership in such party, organization, or within" was opened by me in the presence book, and such person so in charge of the association, and for voting at the primary of ------postmaster (or other person men enrollment book shall fill in the other require elections thereof, if such qualifications so tioned in section 6), of ------marked while ments. Upon so registering, each enrolled added or limited do not conflict with the pro in his presence and office without assistance applicant shall then be entitled to vote. The visions herein as to the age and residence of or knowledge on the part of anyone as to the enrollment book shall be open to inspection members and voters: Provided, No person man;ner in which same was prepared, and by any member of the party. Thirty days shall be required to have any poll-tax receipt then and there sealed as provided by law. I before which any municipal primary election nor any other form of tax receipt in order to further certify that I have not voted else is to be held, the books shall close; and within be eligible to enroll to vote in said primary. where in this election, and agree to support 3 days thereafter, the chairman of said board He shall only be required to enroll as herein the nominee of the party. shall forthwith cause to be made and shall above set forth. certify a copy thereof and file the same (Signed) ------· SEc. 21. Repeal: All acts or parts of acts in Attest------· with the clerk of the city for public inspection consistent with this act are hereby repealed. Postmaster. at all times. At least 10 days before the first primary, the b'oard of commissioners of elec SEC. 22. Time effective: This act shall take (Or other person designated in sec. 6). tions shall meet after 3 days' published notice effect upon its approval by the Governor. SEc. 5. Form of coupon: The coupon in a newspaper of general circulation in the called for in section 3 shall be in the fol city of time and place of meeting and examine lowing form: Coupon. Name (given by the rolls. Any person may complain of errors No. 246 voter) ------• color ------• height ------• therein; and the said board of commissioners An act to provide for the issuance of absentee age (given by voter) color of hail' of elections, after bearing complaints, shall in ballots ln the municipal primaries in towns _.._ ____ , color of eyes ------• weight (esti- 9072 CONGRESSIONAL RECORD-SENATE NOVEMBER 23 mated) ------• birthplace {giyen by voter) the vote was taken that if we could not current resolution on behalf of the Sen ------· State·and precinct where voter claims bring about the closing' of debate' it would ator from Virginia [Mr. BYRD] and my to have last voted ------· be futile to pursue the proposed legisla self, and ask that it be referred to the To the best of my knowledge, the above information is correct and the applicant has tion further during this session, I shall so-called Byrd committee. I ask fur complied with the requirements of the law ask unanimous consent that the bill be ther that a statement which.! have pre as above provided. I have no knowledge laid aside and returned to the calendar pared respecting the concurrent resolu whatever of the marking, erasure, or intent and that the Senate proceed to consider tion be printed at this point in the of the ballot enclosed. measures on the calendar to which there RECORD. Signed ------·Postmaster. is no objection, beginning with Calendar The PRESIDING OFFICER. Without (Or other person mentioned No. 1681, House bill 4971. in sec. 6:) objection, the concurrent resolution will The PRESIDING OFFICE~ (Mr. be received and referred to the Joint SEc. 6. Marking and mailing of ballot: Upon the receipt of the registered letter, for LucAS in the chair) Is there objection Committee on Reduction of Nonessen warded by the committee on enrollment or to the request made by the Senator from tial Federal Expenditures, and the state club secretary, the voter shall not open the Kentucky [Mr. BARKLEY] that the Senate ment presented by the Senator from sealed envelope, marked "ballot within," ex proceed to consider measures on the cal Michigan will be printed in the RECORD. cept in the presence of the postmaster, or endar to which there is no objection, The concurrent resolution (S. Con. his assistant, postal clerk, or rural letter starting with Calendar No. 1681? The Res. 38) was referred to the Committee carrier, or anyone authorized to administer oaths, and shall then and there mark and Chair hears none, and it is so ordered. on Reduction of Nonessential Federal refold the ballot without assistance and with RESOLUTION OF BROOKLINE (MASS.) Expenditures, as follows: out making known the manner of marking TAXPAYERS' ASSOCIATION-NONESSEN Resolved by the Senate (the House of same. He shall then and there place the TIAL FEDERAL ACTIVITIES AND EX Representatives concurring), That the Joint ballot in the envelope provide~ for the same, PENDITURES Committee on Reduction of Nonessential seal the same, and fill in and sign the voucher Federal Expenditures be directed to investi printed on the back of the envelope, in the Mr. LODGE presented a resolution gate the existing methods of all departments presence of the postmaster or other person adopted by the annual meeting of the and bureaus in respect to the manner and hereinabove provided, who shall witness the Brookline Taxpayers' Association, form of questionnaires, reports, -and all other same in writing. T·he envelope, together with methods of inquiry to which citizens and/ or the coupon, which must be filled out and Brookline, Mass., favoring the elimina corporations are required to respond in con signed by the postmaster, or other person tion of all nonessential activities of the nection with all phases of the war effort; and as herein provided, shall be enclosed within Federal Government and endorsing the Resolved further, That the committee be the envelope, directed. to the committee on activities of the Joint Committee on Re directed to report any legislative recommen enrollment or club secretary, which shall then duction of Nonessential Federal Expend dations which would either elfminate or and there be sealed, registered, and mailed itures in its endeavor to eliminate need simplify or concentrate these processes to the to the committee on enrollment or club sec less expenditures, which was referred to end that citizens and/ or corporations shall retary. the Committee on Finance. be relieved of any needless irritation, labor, E;Ec. 7. Receipt and custody of ballot· from or expense in this connection and that the voter: Upon the receipt of the ballot from REPORT OF THE COMMITTEE ON THE war effort shall be relieved of any needless the voter, the enrollment committee or club JUDICIARY obstacles or complications and that the secretary shall, on the list kept of them, Federal pay rolls shall be relieved of any write in ink "received ballot on ------date," The following report of the Committee needless personnel. and shall file the coupon enclosed with the on the Judiciary, was submitted: sealed ballot with the letter of application By Mr. DANAHER: The statement presented by Mr. VAN and deposit the envelope containing the bal H. R. 7151. A bill to amend the First War DENBERG in connection with the resolu lot unopened, in a sealed box to be provided Powers Act, 1941, by extending the authority tion is as follows: for the purpose, and there it shall remain to censor communications to include com Jointly with Senator BYRD, I shall intro until the day of election. munications between the continental United duce a concurrent resolution in the Senate SEc. 8. Delivery of ballots to managers: States and any Territory or possession of the at the first available moment which I hope On the day of election the enrollment com United States, or between any Territory or may produce a great simplification . in the mittee or club secretary shall deliver the box possession, and any other Territory or pos vast amount of so-called paper work which containing the sealed ballot, together with session; with amendments (Rept. No. 1705). national-defense regimentation now in application and other accompanying coupon volves. The number and extent of intricate enclosed in the envelope, to the managers of COMMITTEE ON EXPENDITURES IN THE questionnaires and reports now required of election at his precinct, taking their receipt EXECUTIVE DEPARTMENTS American business in countless multiplying therefor. directions is one of the greatest burdens suf SEc. 9. Counting of ballots: At the close of Mr. DAVIS, by unanimous consent, submitted the following resolution (S. fered by American business. It often ham the balloting the box shall be opened by the pers the war effort by diverting energies that managers of election and the ballot therein Res. 316), which was referred to the should be more productively applied. It be counted along with the other ballots, the Committee on Rules: often involves a wealth of inquisitive detail same being kept on a separate list, and the Whereas present conditions effectively dem which would seem frequently to have far name of the voter entered by the clerk on less to do with the war effort than with the the poll list. onstrate the need for closer supervision by the Congress over fiscal practices of the Gov ultimate nationalization of the American SEc. 10. Construction-decisions of enroll system of free enterprise. Certainly it must ment committee or club secretary as to per ernment; and Whereas the Committee on Expenditures involve the maintenance of tremendous Gov son's vote by mail final: The provisiol1s of ernment pay rolls if any sort of ultimate this rule shall be liberally construed in favor in the Executive Departments, which was established on April 18, 1921, is a standing attention is given to the results of these of the absent voter, and the decisions of the inquisitions. Every possible effort should be enrollment committee or club secretary as to committee of the Senate; and Whereas such committee, as its name im made to reduce this process to an essential the necessity of any particular voter being minimum. This is equally true of rationing allowed to vote by mail shall be final. plies, was created for the purpose of examin ing the accounts and expenditures of the questionnaires which our people as a whole SEc. 11. Time effective: This act shall take must confront, and which will be needleEsly eff€ct upon its approval by the Governor. several departments of the Government; and · Whereas the membership of such commit unpopular in proportion as they are need ORDER FOR CONSIDERATION OF THE tee is not sufficiently large to enable it prop lessly complicated or needlessly irritating. CALENDAR erly to exercise such functions: Therefore be Business and citizenship want to cooperate wholeheartedly with Government in th:s Mr. BARKLEY. Mr. President, under it Resolved, That the Committee on Expendi crisis. Their cooperation should be made as the rules it is impossible to move to lay tures in the Executive Departments shall simple as possible-not as difficult and per the pending motion aside. The only hereafter be composed of 21 Senators. plexing as possible. A little more of faith in motion which can be made which will SIMPLIFICATION AND CURTAILMENT OF them and a little less of strait jacl>:et would, have that effect will be a motion to take GOVERNMENTAL QUESTIONNAIRES in my humble opinion, produce better re up some other measure. In view of the sults. If the splendid Byrd committee were vote which has just been recorded, and Mr. VANDENBERG. Mr. President, I to call for a total exhibit of all the question in view of the understanding I had before ask unanimous consent to submit a con- naires and all the demands for reports and 1942 CONGRESSIONAL RECORD-SENATE 9073 all the rules and regulations which have States Military Academy and United under this subdivision whenever it finds that converged upon American business and upon such recovery would be impracticable or States Naval Academy of sons of soldiers, would cause hardship to the beneficiary the American people in a. period of S months, sailors. and marines who were killed in I venture to say the result would be too affected. appallfng for even Government itself longer action or have died of wounds or injuries to tolerate. We cannot escape large and far received, or disease contracted in active On page 7, line 1. after "his'• where reaching Government controls in this hour service, during the World War." it- occurs the :first time to insert "injury of criSiS. I. a.m not speaking againSt them. Mr. RUSSELL. I move that the Sen or death resulting from injury occurs I am speaking for their greater success and ate concur in the ·amendments of the or his"; on page 7, line 7, to strike their greater popularity through their greater House. out "301'~ and insert "101"; on page 19, simplification. The motion was agreed to. after line 17, to insert: BILL INTRODUCED The PRESIDING OFFICER. Without (4) under a contract entered into with the United States or any executive department, Mr. WALLGREN (for himself and Mr. objection, a similar bill, the bill (H. R. independent establishment, or agency thereof Bo:Nr) introduced a bill · purposes of this section, the term 'hotel' · The PRESIDING OFFICER~ Is there WILLIAM KOVATIS means an establishment operating under objection? The Chair hears none, and it The bill MISSISSIPPI ment with reference to this bill. The involve the loss of revenue rel~tively Ray B. Hall, Greenwood. bill was introduced by me and has. a negligible in amount. Roy C. Bailey, Oxford. unanimous report from the Commlttee The Bureau of the Budget advises that. Lucile c. Cox, Smithville. there is no objection to the submission of this · on Ways and Means. The bill was in proposed legislation for the consideration of . troduced P-S a result of a letter written the Congress. by the Secretary of War to the Speaker Sincerely yours, of the House and by the Speaker re HENRY L. STIMSON, HOUSE OF REPRESENTATIVES ferred to our. committee. It was on that Secretary of War. basis that I introduced the bill and it MoNDAY, NoVEMBER 23, 1942 Mr. DOUGHTON·. Mr. Speaker, I was considered and unanimously. re yield to the gentleman from New York ported by our committee. It provides The House met at 12 o'clock noon. [Mr. REED]. for the free entry of gifts sent by mem The Chaplain, Rev. James Shera Mont Mr. REED of New York. Mr. Speak gomery, D. D., offered the following l;Jers of our armed forces abroad, not to .er, I shall not consume very much time prayer: exceed $50 in value, free of customs or exactions of any kind, including inter on this, bill because I think it is thorough Our God and our Father, ever re-creat nal-revenue taxes. Its immediate pas ly understood by the Members of the ing for the needs of Thy children, Thou sage is made important on account of House as a result of the very informative goest forward, whitherward we know this being near the holidays and many statement made by· our chairman. It is not, yet we have faith and confidence in of these gifts will be sent by members now approaching Christmas time and our Thy Fatherhood. Grant that no obstacle of our armed forces abroad to their loved boys by the thousands are scattered on may come between us a.nd the precepts of ones and friends at home. It is thought 30 fronts throughout the world. These the Man of Galilee and the wonders of that in some cases the donees, possibly' boys at this time are thinking, perhaps, His Cross. As we wait at the altar of would not be able to receive these gifts more than ever before in their lives, of prayer, may all hearts be warmed by the on account of the payment of the duties, Christmastin... e and the loved ones at touch of Thy Holy presence, our souls and I am sure if" the bill were understood - home, and they are anxious to send some quivering in the heights and depths of there could be no reasonable objection little present. Their income is not large spiritual capacity. Standing today in to it. and in many instances their parents have the embrace of l>rotherly comradeship, I suggest, Mr. Speaker, as it is brief, no income at alL All this measure does we would seek to make strong the right that the letter from the Secretary of War is to -permit the boys in these foreign arm of justice for the liberation of the be read by the Clerk for the benefit of lands to send some little gift to their enslaved peoples of earth. Oh, lay Thy the Members of the House. The letter people without having any customs col hand upon all selfishness and prejudice sets forth fully and definitely the rea lected on gifts under $50 in value. I am and transform our labors into sacra sons for the bill. I therefore ask unani sure I speak the sentiments of this House ments of fellowship. We pray that our mous consent that the letter of the Sec when I urge that this request be granted credentials may be deep sincerity and a retary of War to the Speaker be read and the bill passed by unanimous con bouyant optimism, pouring forth in tidal in my time. sent. waves as servants of better days and The SPEAKER. Is there objection to Mr. HINSHAW. Mr. Speaker, will the higher things. the request of the gentleman from gentleman yield? North Carolina? Mr. REED of New York. Yes. "Hold in Thy mighty hand Mr. ffiNSHAW. A number of gifts Our troops by sea and land, There was no objection. The Clerk read the letter, as follows: have alriady been sent upon which cus In air and field. tom dues have been paid. Is this bill in Give them to do and dare; WAR DEPARTMENT, any way retroactive? In days of danger spare, Washington, October 12, 1942. The SPEAKER, Mr. REED of New York. It is not ret And guard· them by Thy care, roactive at all. What we are trying to 0 God, our shield." House of Representatives. DEAR MR. SPEAKER: There is enclosed a. do today is to facilitate the passage of Through Jesus Christ, our Lord. draft of a bill "To-accord free entry to bona this bill so that it will become a law in Amen. fide gifts from members. of the armed forces time to accomplish the purpose we have of the United States on duty abroad" which in mind. It was brought to our atten The Journal of the proceedings of the War Department recommends be enacted tion only recently. Thursday, November 19, 1942, was read into law. · Mr. MARTIN of Massachusetts. Mr. and approved. The purpose of the proposed legislation is Speaker, I withdraw my reservation of MESSAGE FROM THE SENATE to provide for the entry of so much of any shipment of bona fide gifts as does not ex objection. I think it is a very merito A message from the Senate, by Mr. ceed $50 in value without the pa-yment of rious bill. Frazier, its legislative clerk, announced customs duties, charges or exactions or in The SPEAKER. Is there objection to that the Senate agrees to the amend ternal revenue taxes for the duration of the the present consideration of the bill? ments of the House to a bill of the Sen present war and 6 months thereafter when There was no objection. ate of the following title: such gifts are sent by members of the armed forces on duty abroad. The SPEAKER. The Clerk will report S. 2740. An act to provide for furnishing It has come to the attention of the War the bill. . transportation for certain Government and The Clerk read as follows: other personnel necessary for the effective Department that while gifts sent from prosecution of the war, and for other pur American soldiers in the British Isles to rela Be it enacted, etc., That under such regula poses. tives and friends here at home are not sub tions as the Secretary of the Treasury shall ject to British export license requirements, prescribe so much of any shipment as does GIFTS FROM MEMBERS OF THE ARMED they remain subject to the United States not exceed $50 in value shall be admitted into FORCES customs regulations. Collection of the fees the United States or its Territories or pos from the American senders in the British sessions free of all customs duties, charges, Mr. DOUGHTON. Mr. Speaker, I ask Isles has been found to be impracticable. or exactions, or internal-revenue t axes im unanimous consent for the immediate As a consequence, the recipients of the pres posed upon or by reason of importation, if consideration of the bill (H. R. 7792) to ents in the United States are required to pay there is filed in connection with the entry sat accord free entry to bona fide gifts from the customs charges on the articles received. isfactory evidence that the articles for which members of the armed forces of the The problem is not confined to gifts sent by free entry is claimed are bona fide gifts from United States on duty abroad. members of the Army stationed in the Brit a member of the armed forces of the United The Clerk read the title of the bill. ish Isles but is applicable to gifts sent by States on duty outside the continental limits The SPEAKER. Is there objection to our forces from any foreign country. of the United States. It is anticipated that during the Christ SEc. 2. This act shall be effective with re the present consideration of the bill? mas season many gifts sent by members of spect to articles entered for consumption or Mr. MARTIN of Massachusetts. Mr. our armed forces to relatives and friends will withdrawn from warehouse for consumption Speaker, reserving the right to object, not reach intended donees if the donees are .on or after the day following the date of its will the gentleman from North Carolina required to pay customs duties pursuant to enactment and before the expiration of 6 explain the measure? existing law. months after the termination of the present Mr. DOUGHTON. Mr. Speaker, I The proposed measure will not result in an war as determined by proclamation of the shall be very glad to make a brief state- increase in administrative' expenses but will President. 9092 CONGRESSIONAL RECORD-HOUSE NOVEMBER 23: With the following committee amend are doing what is best, but it seems to me gasoline rationing. They will be issued a ments: they have misjudged the possibilities of basic ration book providing 240 miles of travel per month calculated on the basis of · Page 2, line 7, strike out the words "the voluntary compliance. Our people are 15 miles per gallon, and will also be eligible to present war" and insert in lieu thereof the giving their sons to die on foreign bat receive supplemental rations to the extent word "hostilities." tlefields and they are digging deep into presently provided by the B ration book. Page 2, line 8, strike out the period after their resources to buy bonds to finance To qualify for supplemental rations, the the word "President" and insert in lieu thereof the war. They are as ardently anxious --applicant wlll be required to show that he ", or by concurrent resolution of the Con to win the war as anybody in Washing is sharing his car with at least three other gress." ton, and I am sure they can be depended people or that it is impossible to do so and upon to comply wholeheartedly and that alternate means of transportation are The committee amendments were not available. The maximum mileage pro agreed to. willingly with whatever voluntary pro vided by the B book amounts to 320 miles The bill as amended was ordered to gram may be necessary to achieve the per month. This, in addition to the mile be engrossed and read a third time, was main objective of rubber conservation. age provided by the basic ration will make read the third time, and passed, and a They do not want regimentation and I available a maximum of 560 miles per month motion to reconsider was laid on the do not think it should be forced upon for all occupational purposes not included table. them. in the preferred mileage category. EXTENSION OF REMARKS Mr. Speaker, I am inserting in the The Nation-wide program will make ade quate provision for the needs of people liv Mr. LUDLOW. Mr. Speaker, on No CONGRESSIONAL RECORD a copy of Gov. Henry F. Schricker's telegram to Leon ing in rural areas. Preferred mileage (1. e., vember 12 I asked and obtained unani occupational mileage in excess of 470 miles mous consent of the House to insert in Henderson and a copy of Mr. Henderson's per month) will be available to farmers for the Appendix of the RECORD an address reply to my letter of November 9 suggest the operation o,f a passenger automobile to by the Director of the Budget, Mr. Har ing a 90 days' postponement of the gaso transport farm products and necessary farm old D. Smith. I find that it runs very line rationing program. supplies between a farm and a wholesale or little over the regular limitation of two These documents are as follows: retail establishment, a market, a shipping INDIANAPOLIS, IND., November 11, 1942. point, or another farm. Such mileage will columns, to the amount of $105. I there also be available for the transportation of fore renew my request and ask unani Hon. LEON HENDERSON, Office of Price Administration, farm workers between their residences or mous consent that, notwithstanding, this Washington, D. C.: lodgings and their places of employment. be printed. The people of Indiana.are in full sympathy Special rations will be available to farmers, The SPEAKER. Is there objection? with the views on gasoline rationing as ex under certain conditions, to make it possible There was no objection. pressed by Congressman LUDLOW in his letter for them to secure necessary medical atten tion or therapeutic treatment, or to procure GASOLINE RATIONING IN INDIANA to you on November 9. It is my conviction that business and industry in ·Indiana will necessary food and . supplies. The program . Mr. LUDLOW. Mr. Speaker, I ask be paralyzed unless some concession is made will also provide whatever amount of gaso unanimous consent to proceed for 1 min In the original gasoilne rationing plans for line is needed for the operation of farm ma ute and to insert in my remarks a tele our section of the country. Public trans chinery or equipment, stoves, and household gram from the Governor of Indiana, Hon. portation facilities are wholly inadequate to appliances. Henry F. Schricker, and a letter that 1 meet the needs of our people. The Nation-wide program will also provide HENRY F. SCHRICKER, adequate supplies of gasoline to enable work have received from Leon Henderson in Governor. ers in agricultural, industrial, or extractive regard to the mandatory rationing of establishments essential to the war effort to gasoline. OFFICE OF PRICE ADMINISTRATION, travel between their homes and their places The SPEAKER. Is there objection? Washington, D. C. of employment. There was no objection. The Honorable LoUis LUDLOW, Concerning the necessity for this program, Mr. LUDLOW. Mr. Speaker, a voice House of Representatives. we wish to bring to your attention a state that every citizen of Indiana r•spects DEAR MR. LUDLow: Your letter of Novem ment made by the Baruch committee. The has sounded a note of ominous warning ber 9, 1942, concerning the Nation-wide mile committee said: "The committee has given age-rationing program, is sincerely appreci carerul consideration to the objection against in regard to the probable effect of man ated. the use of Nation-wide gasoline rationing to datory coupon gasoline rationing in our The Baruch committee has recommended conserve rubber. It realized that real hard State. It is the voice of the Governor of an annual average mileage per automobile of ships will be caused many persons, and that our Commonwealth who is held in uni 5,000 miles. It is true that voluntary meas some industries, communities, and business versal esteem by the people of our State, ures may bring about a reduction of 20 or pursuits will be particularly hard hit. How regardless of their political affiliations, 25 percent in the n'ational annual mileage ever, the disadvantages are outweighed bY the because of his vision, his patriotism, his per automobile; however, a reduction of this necessities for a sure, effective method for sound judgment, and his demonstrated amount would not be adequate for the job seeing that essential driving is maintained." capacity to deal with important public of conservation with which we are con We trust that this information will serve fronted. In this connection permit us to to provide you with a better understanding affairs. point out that the annual average mileage of the Nation-wide mileage rationing pro Wiring to Leon Henderson, under date per automobile in the present rationed area, gram. of November 11, the Governor of Indiana under a strict system of tire and gasoline Sincerely yours, said: rationing, has been reduced to 5,170 miles. LEON HENDERSON, Administrator. Although this figure is the result of a 60- It is my conviction that business and in percent reduction in passenger-car mileage, COMMANDING GENERAL FOR THE dustry in Indiana will be paralyzed unless still we have not attained the figure set by MARINES some concession is made in the original gas the Baruch report as the maximum we can oline rationing plans for our section of the afford in view of the dire rubber shortage. Mr. HINSHAW. Mr. Speaker, I ask country. Public transportation facil1ties are Obviously, if a strict system of rationing does unanimous consent to proceed for 1 min wholly inadequate to meet the needs of our not attain the goal set by the Baruch com ute and include as part of my remarks the people. mittee, voluntary measures could hardly be military history of Lt. Gen. Thomas It seems to me that a statement like expected to do so. Therefore, it has been Holcomb. that, coming from the head of a great definitely decided that the Nation-wide The SPEAKER. Is there objection? mileage rationing program must be put into There was no objection. State, ought to be most impressive. effect as soon as possible. It will be neces When he gives as his considered opinion sary to delay the inauguration of the program Mr. HINSHAW. Mr. Speaker, the that the proposed order would paralyze until December 1, 1942, for administrative marines are the fightingest sons that business and industry in a State of this reasons. Uncle Sam has, and they cannot be Union it ought to cause Mr. Henderson Under the Nation-wide mileage-rationing outclassed in any man's army. Let us and Mr. Jeffers to pause and grant the program, people who have occupational need give them a four-star general to lead postponement of 90 days requested to for gasoline will be eligible for supplemental them. give the people time to demonstrate that rations for occupational purposes. It will also be possible to issue tires for their cars When and wherever there is hard they can attain the same objective of rub in view of the fact that the mileage-rationing fighting-a tough job to be done-Uncle ber conservation without having to un program will provide a strict control over the Sam sends in the marines and the enemy dergo the grueling hardships of manda operation of the cars. This control will in receives a sound shellacking. From Bel tory rationing. I have no criticism of clude the 35-mile speed limit and a compul leau Wood around the years and around our Government officials, who think they sory periodic tire inspection as well as the the world to the Solomon Islands and 1942 CONGRESSIONAL RECORD-HOUSE 9093 Guadalcana1, you will find the marines From September 1922 to June 1924, he the gentleman's name off of the letter in every quarter of the globe standing commanded the marine barracks, naval sta because he did not wish publicity. I firmly-the living symbols of the .courage tion, Guantanamo Bay, Cuba, and on his wish to insert it because it gives very return to the States, was ordered to the and fighting strength of the United Command and General Staff School of the good reasons why the National Labor States. Every other army has learned Army at Fort Leavenworth, completing the Relations Board, as well as the Wagner to respect and fear the marines. course as a distinguished graduate in June Act, should be changed. I think it is I have just now introduced a bill pro 1925. He was then ordered to headquarters, wise to have it in the RECORD. viding that the marines shall have a Marine Corps, for duty 1n the Division of The SPEAKER. Without objection, it commanding general of equal rank with Operations and Training, where he remained is so ordered. the highest ranking Army officer on the until June 1927. There was no objection. From August 1927 to February 1930 Gen active list. The Marine Corps is en eral Holcomb commanded the Marine de PERMISSION TO ADDRESS THE HOUSE titled to this recognition, and I hope that tachment, American Legation, Peiping, Mr. McLEAN. Mr. Speaker, I ask speedy congressional action will give it China, and in June 1930 went to the Naval to them. War College as a student, senior course, from unanimous consent that at the conclu which he graduated in July 1931. He was sion of the special orders of the day I MILITARY HISTORY OF LT. GEN. THOMAS HOLCOMB, then ordered to the Army War College, from may address the House for 15 minutes THE COMMANDANT, UNITED STATES MARINE which course he graduated in June 1932. today. CORPS From June 1932 to January 1935 General The SPEAKER. Is there objection? Born August 5, 1879, at New Castle, Del. Holcomb served in the Office of Naval Op There was no objection. Usual residence, New Castle, Del. Appointed erations, Navy Department. He then served a second lieutenant in the Marine Corps Mr. SMITH of Wisconsin. Mr. as commandant of the Marine Corps school Speaker, I ask unanimous consent to ex (from civil life), Aprll 13, 1900; promoted at Quantico until November 1936, when he first lieutenant March 3, 1903; captain, May was ordered to Marine Corps headquarters tend my remarks in the RECORD and in 13, 1908; major, August 29, 1916; lieutenant to assume the office of Major General Com clude therein a short editorial. colonel (temporary), July 1, 1918; lieutenant mandant, December 1, 1936. On December 1, The SPEAKER. Is there objection? colonel, June 4, 1920; colonel, December 22, 1940, he was reappointed Major General There was no objection. 1928; brigadier general, February 1, 1935. He Commandant for 4 years by the President. Mr. KELLEY of Pennsylvania. Mr. was appointed major general commandant With his advancement to Lieutenant Gen December 1, 1936, and on January 20, 1942, Speaker, I ask unanimous consent to ex eral on January 20, 1942, the Commandant in pursuant to an act of Congress he was pro became the highest ranking officer ever to tend my remarks in the RECORD, and moted to lieutenant general, with title of command the corps. clude an address of Dr. Francis J. Haas, the Commandant, United States Marine dean, School of Social Science, Catholic Corps. EXTENSION OF REMARKS University of America, entitled ''Labor On detached duty with company of ma Mr. POAGE. Mr. Speaker, I ask unan in Wartime," presented for the Catholic rines organized for service with marine bat University Forum, Hotel Pennsylvania, talion attached to North Atlantic Fleet from imous consent to extend my remarks in September 1902 to April 1903. Served in the the REcoRD and include a statement in New York, N. Y., November 14, 1942. Philippine Islands from April 1904 to August respect to cotton -by the Honorable Bur The SPEAKER. Is there objection? 1905, and from October to November 1906. ris B. Jackson. There was no objection. On duty with legation ruard, Peking, China, The SPEAKER. Is there objection? Wu. GRANT of Alabama. Mr. from September 1905 to September 1906, and There was no objection. Speaker I ask unanimous consent to ex again from December 1908 to July 1910, being Mr. O'HARA. Mr. Speaker, I ask tend my remarks and include a radio then detached from the legation guard, but talk recently made by me. continued on duty in Peking as attache unanimous consent to revise and extend on the staff of the American Minister for my remarks in the RECORD and include The SPEAKER. Is there objection? study of the Chinese language, until May the inaugural address of Dr. Walter A. There was no objection. 1911. In December 1911 he was again ordered Lunden on "The Instrument of Leader Mr. PIERCE. Mr. Speaker,. I ask to the legation at Peking to continue his ship." I am informed that this will cost unanimous consent to revise and extend study of the Chinese language and remained $108 more than is the regular allowance my remarks and include an article by on that duty until May 1914. and I ask unanimous consent that it be Mrs. Larsen, published in the Portland "Has been most prominently identified with printed nevertheless. Oregonian. the development of rifle shooting, and served, The SPEAKER. Is there objection? as inspector of target practice in the Marine The SPEAKER. Is there objection? Corps from October 1914 to August 1917, There was no objection. There was no objection. and was a shooting member of the Marine ·Mr. LELAND M. FORD. Mr. Speaker, Mr. CURTIS. Mr. Speaker, I ask . Corps rifle teams of 1901. 1902, 1903, 1907, I ask unanimous consent to extend my unanimous consent to extend my re 1908, and 1911, and of teams representing remarks in the RECORD and to include marks in the AppendiX and include a the United States in the Palma trophy match two items about Harry Bridges. brief portion of a report. 1n 1902 and 1903. The SPEAKER. Is there objection? The SPEAKER. Is there objection? From August 1917 to January 1918, com There was no objection. manded Second Battalion, Sixth Regiment There was no objection. marines at Marine Barracks, Quantico, Va., Mr. BLAND. Mr. Speaker, I ask GASOLINE RATIONING in preparation for overseas service, and from unanimous consent to extend my re Mr. CURTIS. Mr. Speaker, I ask February 1918 to July 1919, served with the marks in the Appendix of the RECORD unanimous consent to address the House American Expeditionary Force in France, in and to include therein an editorial from command of Second Battalion until August for 1 minute and to revise and extend 1-918, and thereafter as second in command of the Marine News on the work of the my remarks. the Sixth Regiment. He participated in all Maritime Commission: The SPEAKER. Is there objection? engagements in which the regiment took The SPEAKER. Is there objection? There was no objection. part--the Aisne defensive (Chateau-Thierry), There was no objection. Mr. CURTIS. Mr. Speaker, I think the Alsne-Marne offensive (Scissons); the Mr. SMITH of Washington. Mr. that the rulings of the Office of Price Marbache Sector; the St. Mihiel offensive; Speaker, I ask unanimous consent to Administration, which virtually put out the Meuse-Argonne (Champagne) offensive; extend my remarks in the RECORD and the Meuse-Argonne (Argonne Forest) offen of business every traveling salesman in sive; and the march to the Rhine in Ger include a proclamation is.sued by the America, are the most cruel things that many following the armistice. President. this Government has ever done. In recognition of his distinguished services, The SPEAKER. Is there objection? When some of these so-called experts he was awarded the Navy Cross, the Silver There was no objection. · determined that the salesmen were not Star with three Oak Leaf Clusters, a Meri (By unanimous consent, Mr. BURDICK "essential," they certainly did demon torious Service Citation by the Commander and Mr. HoPE were granted permission strate that they did not understand the in Chief, American Expeditionary Forces, the to extend their own remarks in the fundamental economy of America. For Purple Heart, and was three times cited in General Orders of the Second Division, Amer RECORD.) the most part, ·the traveling men call ican Expeditionary Forces. The French Gov Mr. RICH. Mr. Speaker, I ask unani on the small business men. Without the ernment conferred on him the Cross of the mous consent to insert in the Appendix traveling salesmen, countless thousands Legion of Honor, and three times awarded of the REcORD a letter received from a of businessmen in our small towns, our · him the Croix de Guerre with Palm. gentleman in St. Louis. I have taken county seats, and at the crossroads are LXXXVIII--:--573 9094 CONGRESSIONAL RECORD-HOUSE NOVEMBER 23 seriously handicapped. · It is doubtful if Mr. PETERSON of Florida. Mr. · market their cr<>ps. This is just as nec under present circumstances they can Speaker, I ask unanimous consent to ex essary as· seed, fertilizer, and tools to secure any merchandise at all. tend my remarks and include three short carry on their work. Unless all of these In addition to all of this, the traveling telegrams. factors receive the consideration they man is a public servant who renders a The SPEAKER. Is there objection? deserve, we can expect a marked, reduc great deal of valuable service to the . There was no objection. tion in our food production in 1943. United States Government. In many Mr. HOLMES. Mr. Speaker, I ask Eighth. We deferrEd real farm labor cases he does his· own rationing, because unanimous consent to extend my remarks in the Flrst World War. This war is his boss is interested in all of his cus in the RECORD, by inserting a speech made much larger. We must realize today that tomers, and they do a pretty good job of by Mr. Ralph K. Davies at the twenty a good farmer or a good farm hand is prorating what they have over a wide third annual meeting of the Ame[ican really an expert. He is a machinist, a territory. The traveling salesman usu Petroleum Institute. I make this request husbandman, and an all around highly ally familiarizes himself with Govern because there is an extra cost of $157.50. skilled and efficient workman. They are ment requirements, the price ceilings, I ask unanimous consent that it be not numerous and their abilities should markings, and other things, to help the printed notwithstanding. be appreciated. We cannot solve this small business man meets these require The SPEAKER. Without objection, it farm-labor problem by importing people ments, so that the small merchant can is so ordered. from Mexico and Puerto R:co or by the stay in business without penalty. There was no objection. use of domestic unskilled farm hands. It should be borne in mind that due Mr. HOLlVIES. Mr. Speaker, I ask There is little hope in replacing trained to the manpower shortage that most unanimous consent also to insert in the farm labor with city workers. wholesale houses are operating with RECORD a speech made by William R. Boyd Ninth. There are too many employees fewer traveling men now than ever be at a meeting of the Petroleum Insti in the Agriculture Department. We fore. This means that they must travel tute of Illinois in Chicago on Novem could eliminate the confusion and red greater distances, work longer hours, and ber 11. This will also require three and tape if we would transfer thousands of serve a greater number of people in order one-half pages at the same extra cost. these workers to the farm or in defense that the American public may have those The SPEAKER. Without objection, it activities. Farmers need more workers things that are necessary and essential is so ordered. and less advice. to carry on our economy and win this There was no objection. Tenth. We should remove the theo war. Taking the traveling salesmen HOW TO PREVENT A FOOD SHORTAGE rists who have been leading us in a off the road is not a step toward winning scarcity program and replace them with the war, but is a step toward hampering Mr. LANDIS. Mr. Speaker, I ask men of common sense and practical ex the war effort. unanimous consent to revise and extend · perience. Mr. Speaker, I hope that this Congress my remarks. Eleventh. We should make full use of gives those officials in the Office of Price The SPEAKER. Is there objection? the Agricultural Extension Service. This Administration no rest until they have There was no objection. should include 4-H Clubs whose activi corrected this ruling which is so harm Mr. LANDIS. Mr. Speaker, the farm ties can be greatly expanded and espe ful to our war effort and to the economy ers of America are ready, willing, and cially adapted to the farm products of this country. anxious to produce the food to win the needed to win the war. This should in [Here the gavel fell.J war. However; mere willingness of the clude victory gardens and home canning. EXTENSION OF REMARKS farmers will not produce abundant crops. Smith Hughes High School teachers.can The essential things necessary to increase also be more advantageously used in this Mr. O'BRIEN of New York. Mr. food production are: program. SpeakeP; I ask unanimous consent to First. The scarcity program should be Twelfth. Now is the time for action. revise and extend my remarks and in abandoned for the duration of the war:: In order for the farmer to plan his 1943 clude therein a speech given by the dis Second: Proper appreciation of the productiorr we must realize that ~ he se- tinguished head of the Federal Bureau 1 importance, of agriculture in winning the cures materials;-ferttlizer, and seed long. of Investigation, Mr. J. Edgar Hoover, war should be established. We must, in advance. He· also contracts to grow in New York on November 19, before the realize that millions of our farmers have; peas, beans, and many other crops Holland Society. I would like. to add been going at top speed, 10 to 14 hours months ahead. We must eliminate the that the Holland Society bestowed. its per day. Their services must be given - confusion in t·he administration's 1942 medal on J. Edgar Hoover for meritori the recognition they so richly deserve. commitments to the soybean and other ous work during this emergency. Third. The Department of Agriculture growers. The SPEAKER. Is there objection? should be more careful in fulfilling their Not only are we faced with a food There was no objection. obligations and promises to the food pro shortage during, the war, but a post-war Mr. PLUMLEY. Mr. speaker, I ask ducers. The production of food must be: food problem must be met to. furnish unanimous consent to extend my re approached from the same angle as any food to more than 500,000,000 hungry marks and include an editorial from the other war-producing activity. people, if we inte·nd to feed the world Randolph Herald News. Fourth. Farmers should be given an and have a lasting peace. The SPEAKER. Is there objection? assured price in order that they can carry Our present duty and obligation is to There was no objection. on the food program. put our agricultural house in order, Mr. SHANLEY. Mr. Speaker, I ask Fifth. A two-price system should pre if we are to meet our present domestic unanimous consent to extend my re vail during the war. We should place a food requirements and fulfill our foreign marks and include an article by Dr. minimum price on all farm products for commitments. Herbert Wright. domestic consumption. This should be EXTENSION OF REMARKS The SPEAKER. Is there objection? accomplished by a premium or an in There was no objection. centive payment to the farmers on prod Mr. ROBERTSON of North Dakota. Mr. NORRELL. Mr. Speaker, I ask ucts which are most essential to the war Mr. Speaker, I ask unanimous consent to unanimous consent to extend my remarks effort. extend my own remarks in the Appendix in the Appendix of the RECORD and in Sixth. Our farmers must have the of the RECORD and to include excerpts elude a short article from a hometown tools to finish the job. Provision should therein. newspaper. be made to furnish the necessary farm The SPEAKER . . Without objection, it The SPEAKER. Is there objection? machinery and equipment to do the is so ordered. T'nere was no objection. work. For example, when the Secretary There was no objection. Mr. BECKWORTH. Mr. Speaker, I of Agriculture asks for 200 ,0JO,OOO more Mr. MURRAY. Mr. Speaker, I ask ask unanimous consent to extend my re chickens, he should realize that the farm · unanimous consent to extend my own marks and include a summary of condi ers should get a few pounds of nails to remarks in the RECORD and to include an tions found in east Texas bY the D2part fix the coops and a few gallons of gas to article from the Washington Post. ment of Commerce. transport them to market. The SPEAKER. Without objection, it The SPEAKER. Is there objection? Seventh. The farmers· must have the is so ordered. There was no objection. necessary gas and oil to produce and There was no objection. 1942 CONGRESSIONAL RECORD-HOUSE 9095 Mr. GWYNNE. Mr. Speaker, I ask the people are sufficiently aroused by the EXTENSION OF REMARKS unanimous consent to extend my own re injustice and the futility of this admin Mr. SHEPPARD. Mr. Speaker, I ask marks in the RECORD and to include istration's program to vote them all out unanimous consent that my colleague therein an editorial. of o:ffice, we can hope for a return to the gentleman from California [Mr. The SPEAKER. Without objection, it common sense. ELLIOTT] may extend his own remarks in is so ordered. That is the only peaceful solution of the RECORD. There was no objection. which I am aware. If anyone on the The SPEAKER. Without objection, it Mr. ARENDS. Mr. Speaker, I ask majority side has another one, let us is so ordered. unanimous consent to extend my own have it. There was no objection. remarks in the RECORD and include there Mr. SUMNERS of Texas. Mr. Speaker, THE FUEL-OIL SITUATION in a short editorial. I ask unanimous consent to address the The SPEAKER. Without objection, it -House for 1 minute. Mrs. ROGERS of Massachusetts. Mr. The SPEAKER. Without objection, it Speaker, I ask unanimous consent to is so ordered. address the House for 1 minute. ·There was no objection. is so ordered. There was no objection. The SPEAKER. Without objection, it GAS RATIONING Mr. SUMNERS of Texas. Mr. Speaker, is so ordered. Mr. HOFFMAN. Mr. Speaker, I ask in reference to the inquiry made by the There was no objection. unanimous consent to address the House gentleman from Michigan and with ref Mrs. ROGERS of Massachusetts. Mr. for 1 minute and to revise and extend my erence to the general subject which is in Speaker, in yesterday's Sunday Star own remarks. volved-rationing gasoline-! am going there was a very :fine article by Mr. New The SPEAKER. Without objection, it to ask unanimous consent that I may ton on the oil and gasoline situation, is so ordered. speak for 30 minutes tomorrow at the but he made one error. He was quoting There was no objection. conclusion of the business of the day. If indirectly a Federal official. That Fed eral official was supposed tc;> have said Mr. HOFFMAN. Mr. Speaker, may I there is time left this afternoon and I can arrange it I may be able to discuss that no plans have been made for proper have the attention of the gentleman distribution of fuel oil and gasoline. from Texas [Mr. SUMNERS]? And I aslt some of the problems that the commit tee dealing with this matter is consider Plans were made by Secretary Ickes, but this, because I want to know what sort he was not allowed to carry them out. of answer to make to this letter I re ing. Up in New E~gland, in Massachusetts ceived from a farmer: PERMISSION TO ADDRESS THE HOUSE in particular, we have had rationing of PINE LAKE ORCHARDS, Mr. SUMNERS of Texas. Mr. Speaker, gasoline for months. I personally have Doster, Mich., November 10, 1942. I ask unanimous consent that on to not used my automobile since rationing Hon. CLARE HoFFMAN, Washington, D. C. morrow after the conclusion · of the went into effect. We are giving and giv DEAR Sm: Have spent the day on two fuel legislative program of the day and other ing, sacrificing and sacrificing for the oil applications, gas-ration applications, car special orders I may address the House war effort. Many of our boys already and tractor, trip to Hastings (22 miles) for for 30 minutes. have given their lives in action in this truck ration (war necessity certificate re The SPEAKER. Without objection, it war. We have more industries exhibit ceived on large truck but none on pick-up, · is so ordered. ing the E award than anY other State both mailed same time) only to find no There was no objection. in the Union, and yet in spite of that blanks received at that office (call next week) . we are in a most perilous crisis regard Had car tires inspected, $1.50, and pick-up E..,~TENSION OF REMARKS truck next. This to be repeated every 60 ing fuel oil. Mr. WICKERSHAM. Mr. Speaker, I I maintain, Mr. Speaker, that it is days. ask unanimous consent to revise and ex-· This is rather expensive from rubber, gas, practically a criminal thing to have al time, and finance standpoint. We, as most tend my own remarks and to include· lowed the situation to go as it has gone. farmers, have more than we can possibly do therein certain matter. Oil is more important in running the without spending time on such trips as this. The SPEAKER. Without objection, it war than rubber, yet to date we have had With no labor available and farm prices and is so ordered. no director of fuel who could go ahead equipment as they are looks as if some of There was no objection. and see that no ·part of the country the Washington bureaucrats will either have Mr. DIMOND. Mr. Speaker, I ask suffered for its lack. Last week again to find gainful and necessary work and re unanimous consent to extend my own re lease some farm help or many will have to I respectfully begged the President to ap quit farming and take war work- marks in the Appendix of the CoNGRES point a person who could control the SIONAL RECORD and to include therein a fuel oil and cut red tape. Up in New This is the part I want to call particu speech on fact~ on the Navy in the England, unless something is done soon lar attention to: Pacific delivered by the gentleman from there will be great suffering due to cold Have no use for idea Americans to be used Texas [Mr. WoRLEY], over the Colum homes and buildings, and vital war in to police world after war. Would appreciate bia network on November 17. dustries will be affected. whatever can be done to eliminate these The SPEAKER. Without objection, it Conflicting statements and orders by nuisances. Yours respectfully, is so ordered. different governmental departments EARLE M. DUNLOP. There was no objection. have brought about intolerance, confu THE RATIONING PROGRAM sion, and apprehension, and our situa What answer shall I make to Mr. tion on the east coast, which was bad Dunlop? He but expresses the thought Mr. HOOK. Mr. Speaker, I ask when I first asked the President to have of his neighbors, of an overwhelming unanimous consent to address the House a well-coordinated agency with a single majority of the people of the Fourth Con for 1 minute. head to handle petroleum, but that was gressional District of Michigan. He The SPEAKER. Without objection, it not done, and lately the situation has knows that this war cannot be won if is so ordered. been desperate. the new dealers, with their foolish plan There was no objection. The situation could have been cor ning, continue in power here in Wash Mr. HOOK. Mr. Speaker, I have rected months ago. The African cam ington. heard much about gas rationing, the ra paign, which was brilliantly conceived He knows that the time and the money tioning of other goods, and the issuance and ably executed, was planned weeks of those who constitute the foundation of regulations. The trouble with the war nay, months-ago, so it was well known of our war effort cannot continue to be effort is that while our boys are out that supplies would be sent overseas. wasted in idle trips, in useless expendi shooting bullets at the enemies, Leon If necessary, every drop of gasoline tures, all the result of regulation, de Henderson and his bunch of draft should be taken away from cars for mand, and directive piled upon business dodgers are shooting blanks at the pleasure driving; taken from everyone men, farmers-in fact, upon everyone American public to such an ~xtent that in the country-not just one section-in who is not busy here in Washington or the people and general public are so be order to transport oil to keep industries in a Federal job elsewhere. wildered that they are in a fog that can running and persons warm. I remind The only adequate answer that I can not be penetrated by the light of common you that the East has been rationed in make to this constituent is that, when sense. gasoline for months. Other sections of 9096 CONGRESSIONAL RECORD-HOUSE NOVEMBER 24 the country are about to be rationed. .Traynor Wen& Winter PUBLIC BILLS AND RESOLUTIONS .Treadway west Wolcott :I remind the Congress that the country Vincent, Ky. Whelchel Wolfenden, Pa. Under clause 3 of rule XXII, public bills should share, and share alike, in sacri Vinson, Ga. White Youngdahl and resolutions were introduced and sev ficing in the war. That is only decent, Vorys, Ohio Whitten Zimmerman erally referred as follows: · Vreeland Wigglesworth common justice. Weiss Wilson By Mr. HINSHAW: PERMISSION TO ADDRESS THE HOUSE H. R. 7807. A bill to provide for the rank The SPEAKER. Two hundred and of the Commandant of the Marine Corps, and Mrs. ROGERS of Massachusetts. Mr. fourteen Members have answered to their for other purposes; to the Committee on Speaker, I ask unanimous consent that names, not a quorum. Naval Affairs. on tomorrow, after the disposition of the ADJOURJ.~ENT By Mr. SHEPPARD: legislative business for the day and H. R. 7808. A bill to amend the Federal other special orders, I may address the Mr. McCORMACK. Mr. Speaker, I Crop Insurance Act to include citrus fruit House for 15 minutes. move that the House do now adjourn. and trees; to the Committee on Agriculture. The SPEAKER. Without objection, it The motion was agreed to; accordingly By Mr. WILLIAM T. PHEIFFER: (at 12 o'clock and 55 minutes p.m.) the H. J. Res. 361. Joint resolution authorizing is so ordered. the erection in Washington, District of Co There was no objection. House adjourned until tomorrow, Tues day, November 24, 1942, at 12 o'clock lumbia, of a monument in memory of Col. CALL OF THE HOUSE Robert G. Ingersoll; to the Committee on the noon. Library. Mr. RICH. Mr. Speaker, I make the By Mr. HOLMES: point of order that a quorum is not pres COMMITTEE HEARINGS H. Res. 575. Resolution granting a gratuity ent. CoMi\UTTEE ON MERCHANT MARINE AND to Mrs. Eliot H. Robinson; to the Committee The SPEAKER. Evidently a quorum FISHERIES on Accounts. is not present. The Committee on Merchant Marine Mr. McCORMACK. Mr. Speaker, I and Fisheries will hold a public hearing PRIVATE BILLS AND RESOLUTIONS move a call of the House. Under clause 1 of rule XXII, A call of the House was ordered. on Thursday, December 3, 1942, at 10 The Clerk called the roll, and the fol a. m. on H. R. 7744, to provide that em Mr. McGEHEE introduced a bill (H. R. 7809) ployees of the United States, its Terri for the relief of Sgt. Maj. Richard Shaker, lowing Members failed to answer to their tories or possessions, or of the District United States Marine Corps; to the Com names: mittee on Claims. [Roll No. 122] of Columbia who leave their positions to Anderson, Call!. Fenton McGregor serve in the merchant marine shall be Andresen, Fish McKeough restored to their positions upon the PETITIONS, ETC. August H. Fitzgerald McM111an termination of such service. Andrews Fitzpatrick Maciejewski Under clause 1 of rule XXII, petitions Arnold Fogarty Maciora and papers were laid on the Clerk's desk Baldwin Ford, Miss. Magnuson EXECUTIVE COMMUNICATIONS, ETC. Barden Gamble Mansfield and referred as follows: Barnes Gavagan Marcantonio Under clause 2 of rule XXIV, executive 3457. By Mr. GRAHAM: Petition of 64 Barry Gerlach Mason communications were taken from the members of Christian homes, churches, and Bates, Ky. Gibson May Speaker's table and referred as follows: Sabbath schools of Petrolia, Butler County, Bates, Mass. Gifford Merritt Beam Glllette Miller 1995. A letter from the Archivist of the Pa., urging the prohibition of the sale or dis Bender Gillie · Mills, La. United States, transmitting a report of the tribution of beer in or near all Army camps Blackney Gore Myers, Pa. Archivist of the United States on lists of wherein are stationed any of our boys 18 Boehne Gossett Nichols papers recommended to him for disposal by years of age or older; to the Committee on Boggs Granger Norton Military Affairs. Boland Grant, Ind. O'Connor certain agencies of the Federal Government; Boren Green O'Day to the Committee on the Disposition of Ex 3458. By Mr. HEIDINGER: Petition of the Boykin Gregory Osmers ecutive Papers. members of the Women's Society of Chris Bradley, Mich. Haines O'Toole 1996. A letter from the Attorney General, tian Service of the Methodist Church at Bradley, Pa. Hall, Pearson transmitting a draft of a proposed bill to Dahlgren, Ill., by Frieda Geiger, president, Buckler, Minn. Leonard W. Peterson, Ga. make it a criminal offense for certain escaped and Rose Underwood, secretary, to prohibit Buckley, N.Y. Hancock Pfeifer, the sale of all liquors in and near Army Burch Hare Joseph L. convicts to travel from one State to another; Butler Harness Plauche to the Committee on the Judiciary. camps; to the Committee on Military Affairs. Byrne Harris, Ark. Rabaut 1997. A letter from the Attorney General, 3459. Also, petition presented by Mr. and Byron Hart Randolph transmitting a report of the Federal Bureau Mrs. John Bell, of Flora, Ill., urging legisla Canfield Heffernan Reece, Tenn. of Investigation made pursuant to the Ap tion to prohibit the sale of intoxicating Cannon, Fla. Hess Reed, Dl. liquors in and near the Army camps; to the Cannon, Mo. Hill, Colo. Rees, Kans. propriation Act of July 2, 1942 (Public Law Capozzoli Holbrock Rivers 644, 77th Cong.); to the Committee on the Committee on Military Affairs. Casey, Mass. Houston Rockefeller Judiciary. 3460. By Mr. MILLER: Petition of Fred Celler Imhoff Rockwell Updyke and other residents of Luzerne Chapman Jackson Rodgers, Pa. County, Pa., urging the enactment of Senate Chenoweth Jacobsen Rolph REPORTS OF COMMITTEES ON PUBLIO bill 860, for the protection of our armed Clark Jarman Romjue BILLS AND RESOLUTIONS forces from all forms of vice; to the Com Claypool Jarrett Sabath Cluett Jennings Sacks Under clause 2 of rule XIII, reports of mittee on Military Affairs. Cochran Jensen Schaefer, Ill. committees were delivered to the Clerk 3461. By Mr. WELCH: Resolution of the Coffee, Wash. Johnson, Ind. Schulte Peace Officers' Association of the State of Cole Johnson, W.Va. Scott for printing and reference to the proper California in regard to selective service, con Coll!..ns Jones Scrugham calendar, as follows: taining suggestions that the selective service Copeland Kee Shafer, Mich. Crawford Keefe Shanley Mr. DOUGHTON: Committee on Ways and boards and the manpower boards of the Creal Kefauver Shannon Means. H. R. 7792. A bill to accord the United States Government examine with Crosser Kelly, Dl. Sheridan entry to bona fide gifts from members of the careful scrutiny and with mature delibera Culkin Kennedy, Sikes armed forces of the United States on duty tion the situation of every person now en Cullen Martin J. Simpson abroad; with amendment (Rept. No. 2643). gaged in such an office, in order that his call Cunningham Kennedy, Smith, Pa. Referred to the Committee of the Whole in to the service of his country will not seri Davis, Ohio Michael J. Smith, Va. Delaney Keogh Smith, W. Va. House on the the state of the Union. ously impair the functioning of the law Dickstein Kerr Snyder enforcement agencies of which he is a part; Dies Kilburn Somers, N.Y. to the Committee on Military Affairs. Dingell Kirwan South REPORTS OF COMMITTEES ON PRIVATE Dirksen Kleberg Starnes, Ala. BILLS AND RESOLUTIONS Disney Klein Steagall Ditter Knutson Stefan Under clause 2 of rule XIII, reports of Domengeaux Koclalkowskl Stevenson committees were delivered to the Clerk HOUSE OF REPRESENTATIVES Dondero Kramer Sweeney for printing and reference to the proper Douglas Kunkel Taber Drewry Lambertson Talbot calendar,. as follows: TuESDAY, NOVEMBER 24, 1942 Duncan Lea Tarver · Mr . . McGEHEE: Committee on Claims. Dworshak LeCompte Tenerowicz H. R. 7316. A bill for the relief of Dr. J. M. The House met at 12 o'clock noon. Elliott, Calif. Lewis Terry The Chaplain, Rev. James Shera. Ellis Lynch Thomas, N.J. Scott and Mrs. J. M. Scott; with amendment Elston McGehee Thomas, Tex. (Rept. No. 2642). Referred to the Commit Montgomery, D. D., offered the follow~ Faddis McGranery Tinkham tee of the Whole l.{guse. ing prayer: