1D2G COITGRESSIONAL RECORD-ITOUSE 10933

.Josl:'ph l\1. E\anl'l, Mnvle Shn

P~~STI.VANIA tion to polar exploration, nnd reflecting great llonor on hid country ; and GPorge '\etmilJer, Boclin. Whereas Lieutenant Commander llyrers, G of whom shall be ap· George F. Klinefelter, Shrewslmry. pointed by the VIce !'resident and 5 by the Speaker, be filiPOinted to E. Howarful SOUTH CAROLIN A fU~ht over the North role. Andrew L. Dickson, Calhoun Falls. Ollie "r· Bowers, Central. The SPEAKER. Is there ol>jection to tho present con.sldera­ Loula D. O'Connor, 1\Ieggett. tlon of the r solution? There was no o!Jjection. TE~NESSEE The resolution was agreed to. John D. Elliott, Athens. ~ohn S. Wisecuner, Mohawk. MISSOURI IUVEB IMPltOVE:MENTS 1\lr. SEARS of Nebraska. Mr. peuker, I worLld Jike to ha\e Earl D. Tracy, Junction. unanimous cousent to addre s the IIouse for fiye minutes. 'nllium II. New!Jy, League City. 1\Il'. McDUFFIE. l\Ir. Speaker, reserving the right to object, VIRGINIA is the gentleman going to speak about the 1\lis 'OUri River? Grnce S. White, Ballston. Mr. SEARS of Nel>ra::;ka. I may refer to the Missouri. River, \\illiam D. Au tin, Bueno. Vista. , Judge. Charles D. Grnns, Chester. Since my friend has brought that subject to my mind, I ·will Emma B. Snow, Clover. confine myself simply and solely to the questions that relate to the Missouri River. I am not going to take up a great deal of Geor~e II. Clark, Crockett. Annie G. DnYey, Evington. your time by way of figures and broad statements or by dealing Bertha Thompson, Ferrum. with the minutia of this great que tion, but simply to lay a Mary C. Lewis, Fort Eustis. foundation for a statement I would like to haYe all of yon rend in the RECORD, the purpose being to send it to the Pre. ident Je. . sle ll. Fox, Greenwood. and the Mem!Jers of tho Cabinet and the Senator while the ,V. Ingles IIarnsberger, Grottoe~. Hobert V. llicharars; ln the following prayer : fact, too many. It is a work the United States should hnYe taken up and. completed long ago. No other nation in all the 0 Thou, wllo giY<.'st liberally to all men, grant us the right­ world, I think, hn e>er neglected its one great waterway ns eou s de ~ ires of our hearts. Do Thou be our Teacher, whisper­ this one bus been neglected. The amount of grain and of cattle ing into our ~ouls the secrets of the best life; correct and im­ raised there and sent to the East would !Je startlli1g to you. IJrove u · tllat we may use our vowers to the noblest ends. In I presume to many of you it would apvear as an absolutely ull tbat we shall do may tllere be unity, harmony, and con­ new thing if iL magnitude was brought to your attention. The f ormity to Thy will. Give u the repose of mind that believes Secretary of Commerce of the United States ha ::aid what all tlu1 t nll thing work together for goo

:.I,· . • IllH.FFIE. I do not vropose to go into the merits of l\Ir. ROWAnD. Always and fore'\"er I am hnndieai>ped by tlw i\'f!...;:-cJHri HlYer. Il may be a meritorious project. My my love for my friend, and 1 see tllat I have got to yield a~ain. c,b,k>eti~·u is mH1 was in behalf of orderly procedure. Does the [I_.augllter.] I rather think I shall yield. I would like this ~·l'ntll'mnn realize that for the present, to ~ay the least, this morning to take up the ~ubject of remedial legislation for agri­ Mi...:,;onri I iYer project bas been added to the bill in violation culture, extending the pruyer somewhat of our ~plen(lid chap­ of the .-pirit of the net of Congress of Heptemhcr, Hl22, which lain this morning, during whi<:h he prayed for repw•c of mind. forlJids the fayorable con ~iOll wllich the engineers have not reporteO. the distance I apprehend that a number of my fl'ieu<.l::; have uot witlliu fh·e years? The project adopted was reported 1 years that measure of rcpo8e tllat i~ mine. ago, and we ha'\"'e no report since that time. 1\lr. COYLJ.1 Will the gentleman yield? l\lr. SEARS of .... cbrnska. I will now answer Judge MoDuFFTEl Mr. II OWARD. No; I yield to the reque~t of my leader, further. He doe~ not now claim the amendment is illegal, but Mr. TlLRON, and \Vill wait until Thur~dHy. rApl)lanse.] only irregular. 'Yhen the IIom~e speaks that f4hould , ettle it. M1'. TILSON. Mr. Spenlwr, in order that there may he no 'The Hou;.;e can not divest it.·elf of the l0gislati-re function. mi:;;undcrstaudin~ as to the right of the gentleman from · The amendment was germane to the general subject of the bill NebrnHka to acl<.lre~s the lion.'<\ I aRk unanimous consent that and wns adopted. 'l'here certainly was neither irregularity ou 'l'llur:day morning next immediately after the reading of uor in any mtmner or sense nn illegal step. the J.Qurnal uners and for 200 miles east of The SPE..lKEU. Does the gentleman from Nebraska obje-ct? those rivers is . en·ed by them. The pre cut Board of Engineers [Lnu~hter.] in charge of public work.· upon them state that-their unani­ Mr. HOWARD. Not yet, 1\lr. Speaker. ruom; ('()Delusion is-the Missouri is a fit and proper river from There was no objection. an engineering. tandpoint to control for navigntion. Thdr only CONTRACTS FOR SCREEN-WAGON SERVICE stickler was tllat the board wantell to . end its (tistrid engi­ 1\Ir. SPROUL of lllinol!';. l\Ir. St>enker, I pre:cnt a confer­ neer to see if there was sufficient commerce to justify the im­ ence report on the bill ( S. 1H:30) auLhorizing the Postmaster proYement. This wa~ a hollow de'\"'ice to put the question OYPr General to readju:t the termH of certaiu sl'reen-wagon coli­ to a distant day. There is in all prohahility more than a tract::;, and for other purposes, for printing under the rule. hundred milliou ton of in and outgoing frclgllt in the territory CIIARLESTON (S. C.) CENTE.-NIAI. 'in que.tion. It is the great hanest field. of the world. E'\"'eryone knows that. It is the great farming and li-re~tock set·tion of In acc•onlance \vith the proviHions of HonRe orH!nrrent Reso­ the world.. EYeryone knows that. There are some things that lution 28, the Speaker nppointell as committee of the House to courts and l<'gislntive bodie: take notice of without formal vi.'it harleston, S. "., on the occasion of the one hnndred and proof, as they are of ('ornmou knowledge. To send a district fiftieth anniverRnry of the hattie of Fort l\lnultrie, Mr. BuTLER, engim.'€r to the port of New York to see if there is <'nough )fr. ANTIIO -y, ~Ir. JOIIi'\SON of South Dakota, Mr. ~10. TAGUE, commerce there to justify a public improvement of that port aml 1\Ir. LANHAM. would be ridiculous in the extreme. But no more so than the 0 fNIDl:S PENSION BILLS other known to thi discussion. Mr. KNUTSON. Mr. ~peaker, I present a conference report The great quostion i. only this: Shall this great river that on the bill (II. n. 700G) granting pem!ions and incrcaRe of can ~o mini:ter to the welfare of so large a section of our pensions to certain sohlierR and sailors of the Regular Army pc•ople be longer n<'glected? Shall that great community lle and Navy, and so forth, and certnin ~olCaker, I call up House Regolution 281 The SPRAKER. The time of the gentleman from Nebraska and pending- that I would like to ask the gentleman frorn Ne\~ has e vired. York how mucll time he ll('ccls for general debate on the rule. PERMIRSION TO ADDRESS THE HO BE l\lr. 'CONNOH. of New York. From reque:-;ts on tlli~ ~ide I 1\Ir. HOWAUD. l\Ir. Speaker, I would like to recall that think we will need tlle ful.. 20 minute.~. I intend, llowevcr to mnke a point of no quorum, and., l\lr. Speaker, I make th~ one day in late May the House kiud.ly awarded me 10 minutes voint of no quorum. for ~pPaking on the subject of needed remedial legislation for agriculture. \Yell, when it carue my time to Rpeak, your The SPl,JAKEH.. The gentleman from New York makes tho point of no quorum. l•Jyitlently there is no quorum }Jre~ent. leader and min~:ometime,·-[laughter] a~ked me if I would Mr. SNELL. l\Ir. Speaker, I move a call of tlle House. not wlthlwld my talk for the present, and I y~elded, as I always do. '!'hen the next time I tried to forcclofle the right which tlle 'The motion was n~rcelded to him. Now, I come a .. king that my right to speak ApJlleby Drmpscy Keller 1\fooney .A:wrll Doyle Kt•lly :\[oJ·in for 10 minute" be foredo.-.ed. [Applau.·e.] Ayres Drane Kemp ... ·el.-un, 'Vi<:. The SPEArER. The Chair is not quite certain what the Hnnkhead 1-Jaton Kendall 'ewtun, .Io. gentleman mean. by the word "forecloRe "-that he be pro­ Bntkley Esterly l{t'IT O'Conm•ll. N. Y. hihitecl from using the 10 minutes? [Laughter.] Dlnnton Ji'itzgPrald, lloy G. Ketcham Oliver. N.Y. Bloom Fluhet"ty Kie~SS l'l•nvev J Ir. HO' ~AHD. No, Mr. SpNtker; but tllat I foreclose every Bowles Fredericks Kindred l'erkitis nnd all enemies aguin.'t interpositiou in my exerdse of that Bowling Frothingham J{irk l'ol'tet· right. Boylan Fuller Kopp l'UI'Il<'ll Bt·owne Ualli van Kunz ItamSe his !4peech this morning, I have no doubt we shall all l>e ('leary Orifiln J.uc~ Heurs. Fla. <1clightNl to llear him. If he .'imply wiRhes to be a .. ~ured that Collin!! IIawe 1\fcf'lintlc Shrc>ve he ::;hnll have an opportuuity hereafter, I suggest next Thurs­ Colton Hnwley Mri.eou ~inrlnlr r d. on the · re.~olntion. should take the hottle of milk and the other should. take a 1.'be •'l'EArER. The gentlemon from New York a. ks unani- letter out of the letter lJox, the mnn who takes the bottle of 1mom; con:-:ent that the g-eneral d.ebate on the rule he limited. to milk is taken into a State court and tried, while the man who 40 20 20 minute. , minutes -to lJe coutrollecl l1y birru;;elf and min­ took the letter is ·taken to a Federal court and trieu. Tho~e ute· hy 'tlle gentleman from New York [ ... Ir. O'CoN~OR], at the instance. could lJe multiplied ad infinitum. ·why talk nuout conclu~ion of \\'llieh"tile previous question shall lJe conside1·ed us delay in justice? The Federal courts in Kcw York City are ~ oruered . . Is there objection? ·far ahead of our State courts in the point of time it takes to There was no olJjectlon. reach a case. 'Ve have hau experience in respect to whether ·The •'Pl ·~.A.In~n. The Clerk will rf'port the resolutio.n. or not adding aill fillU the amend­ I r Rerve the remainder of my time and yield. 10 minutes to ID£'nts thPreto to ' flnal passage without intervening motion except ono the gentleman from Virginia [::\fr. :MooRE]. motion to r ommlt. '1\!r. MOORE of Virginia. Mr. Speaker, I hove just introd.uced Mr. S~""ELL. Mr. Speaker, the resolution which has just a brief ·resolution, which I ask may be inserted at the end. of been read needs no explanation from me at this time. It pro­ my remarks. The resolution is lJased upon the theory that ·yidc~ for the con:ideration of H. R. 10 21, which provid.es for any legi lati>e action that is practicalJle should !Je taken which tl1e nppointment of adilltional ,judges in certain Federal ision of my resolution suggests that authority to tile Federal courts of tile United States was increased from try a man for misdemeanor without pre entment lJy a grand 'two to tenfold., and that is one of the rea ons why it is neces­ jury and even without a jury, if that hould be thought de­ Emry to have these additional judges at this time. The citizens Rirable, be Yest d 1n commi~sioners or other inferior court or the country are entitled. to lwve a place to present tilelr officers. In the light of the decisions of the Supreme Court claims and they are entitled to lJe able to do it without undue bearing upon this subject, and of the long and undisputed d lay-delay tl1at in certain ciYil caRes at times amounts to operation of certain existing statutes, it is ruy belief that what almost a denial of justice. The que ·tion is, Shall we furnish is uggested can be done by legislation, and. ceri.ainly if it cnn adPqunte machinery to help enforce the laws which we have be done it ought to be done. Jlns..:ed.? Undoubtedly one who bas not studied the subject, looking at At a later time I intend to speak in rE'gard to the additional the language of the ' Constitution, may quickly reach the con­ jud~e in the district in which I hapven to live. I reserve the clusion that the proposition is untenable. · rem :tinder of my time. It is true that section 2 of Article III provides that the trial Mr. o·co. ~~~on of New York. Mr. penkcr, in ri:;;ing to op­ of all crimes exccvt ·in cases of impeachment shall be ·by jury ; po~e U1is resolutio.n and tile accompanying bill, I want to point that tile fifth amendment provides that no person shall be held out to the lUembers of the ITou. e that tllis hill provides for 12 accountable for a. cnr)ital or otherwi. e infamous crime unless adclitlonul di..;trict court judges and one ntlllitional judge of on a presentment or indictment of a grand jury; and that the the drcuit court of appe11ls. Tl1cre are Htill a great number sixth· amendmeut provides tbnt In all criminal cnRes the accul"ed of people in this country wl10 lJelleve that the Federal court~. !'hall enjoy the right to a •sl)ce

£ "atnrally the •:lll'mher: of the Ilou. e from their particular that in my opinion, "from what has been ·decided, it may he ir d.istricb• tilnn any assnmetl that a mi~demeanor puni:-Umblc hy fine or impri ·on­ otltf'r l\l£'mhcrs. 'Vc from tbe soutilern district of New York, ment in jnil, without bard lnbor, i:-; not Jo>nch an offense as ·where it js Jlropo. ed to add three ndditionnl district judges, falJs within the languaO'e of the Con ·titution, and therefore · know lJy our ex11 rience and lJy tlle records and stnti~ticti pre­ does not call for a .pre. entmeut or indictment nor even for n sented on thf' lwnring:; and appearing in the report ncc:om­ trial lJy jury. If this is true, e can at once Hee how much panying tbc lJill that llierc is no occasion fo~ t;;uch an-u

work of the trial court~ nnd impoRe a wi~e limitation upon tb~ obtains on the equity slUe, but with the further hope that not enlargement of the membership of the Federal juuiciary. all at once, but grnnt agis- an a commissiouer who resillcs and has his office in for tbe trial of misdemeanors hy commisRlonerA or other inff'rior court the park, and tries without a jury per ·ons charged with \iolat- officers, with such re1'Nvc~2. whic·b was desi~ued to afford rE>lief to dis- to cxtencl my remarks in the HIX'ORD I inR<'rt the following: tri<:t judg-es whose calendars b come Ulld.uly crowded, but A:'-1 ArPn..usu. 01,. ExoLrsu Pn.oc.F.ouun wllicll, ns I uudcrstnnd, has proved far less llenefl<:iul than wa.~ antidvated. The mal.'llinery which it ~ets up is too compll- By EOison R. Sundrrlnnd, Pr·ofessor of Lnw, ·Gnivcr~lity of ~Iichigan cnted. ~ly belief is that it !'hould be ~implified. '\Ybnt I hope On paper the program or the London meeting of the American Bar the Committee on the Judiciary \Vill do i · to consider ameucl- 1 A·. oclation last year wns not n crowded one. .. ·o busy moming ing the law !'iO as to make it the duty of the Attorney Gen- se,.;. ionR hurried the memtM!rs away from their hotels; ut noou there <>ral, from time to time, at least as ofteu as once a year, to , wus a \ph;urely opportuuity for comfortable luncheons, and the drowRy report the docket condition,., indudiu~ in each of the di~tricts sum1net· afternoon was far advanced before the renl buslncis-palacPA, sm·h a~·Rignment~ of di~triet nnd circuit jurce by centUl'ics of vlgilnnce, aud occuplels of the be reportell directly to the Congr<>ss'! En rJlsh bnr ::::tood the mns.·ivc pile of tlle Hoyal Courts of JusticP, l\It·. MOOHJ'.J of Virginia. I should ~ ay the difficulty of oh- untler whose Gothic entrance nrch paRsed hundreds of ,\merican law­ taining- action hy the Cong'ress would. be very g-reat, wlwreas we yet"H in a constant strenm which flowed throug-h the great central could trust the Chief Ju~ticc to act proverly nnd to afford the court and alon~ the- vonltrrl corl'lllors und into ewry court room nece :. H.l'Y rPlief In ea:e of nn emer~eucy vossihly. wlwrc the King'b ju(lgr11 sat In thelr wigs aud robN~ nclminlslt'ring l\Ir. GUAHAM. I lllHl('rstood the ~entlcmnn's :·mg~cstion the laws of England. Tlltse courts, and the Old Halley not far awny, wonld apply not to cong-ressional action out to judicial assig-n- cast thPiL' enchantment over every vhdtor, lnring him back day after ment of m<.'n in a crow1Ie1l dL:trict? cln:r, in n restless srarch for the !"rcrrt of their succcss. How did 1.\lr ..i\IOOllE of Yir~iuia. YeR; the atlmini:-;tration of the thPy opcrat so quiekly, qnl<'tly, nml t!f\'ectln'!ly. Tl!Pre wus no law which I think ou~ht to he amended. cvldPnCt' ot hurry, or driving press11re, of anxiety to make c>cry :\Ir. G R, HAM. It would be unwiRe to refer it to the Con- moment count. On the con trnry, cn;;es often sr<'DH d to proeePil with a gre~~. j ruther ;;l.ow dignity. Ani! yet It wa. clt•nr lhnt the gng-lish court .Mr. MOO HE of Yirginia. Exa<:tly. Just nR Con~r<'. ·s cunlll t·rache directly, mot·e simply b~· general Rtatutc IeaYe the appointment of comtni:o-:::-:ioners to nn11 more raplecau!!e I 1 C'irney of I~n)!lish jm.;ticc urr the re~ult of n more <'xtentlPu opportunity had in mind-- for Ir. :\100RE of Virginia. I Uli"lnndcr:-:too think for thnt purpose Congres. onght tlrHlC>t' the prCJ ent En;.:llsh pmetiee this tllcory hus ue,.u cnutpldt>IY to. l~t~Ye all a:t~ilable u~fo.~·mation. perlc~d~<:al~~ furni~ll~.;:e whn xtPIHft>tl are no means of analyzing to determme the character or gravity lu. e o( ulscovery ntltl tllsclosure !Jefore trial. CbnugPs of n .very rncll<'al of the ca.· ·. nnturo introparatory stage or lltl~ntlon JU'otlucefl I had tbou~ht of ~xtending the resolution ?Y trying to bring ' chang-es hnrdly le.~s notaulc in the theory nnfl pn1rtit-e or the trinl nb ut an authoritnttve ,·tudy of procedure 111 the lower Fed- 1 it ·e!r, and the trial was rurtlwr moclifite by tbo <'I'Hl .court.. with a ':lew not only to .simplific~tion and uni- ; r •qulremt•nts of a novel and hiAhly pmctleal theory or review, which fonmty on the law Side of tlle courtt), parallelmg that which mnuo the appellate court an Integral pal't or a simplified an a grnrral Interest in the Arur•dcan llar AR.·ocintion, which has bl'comc tbe dominating influence United tates. NotwithHianr'liug- the unfortunate t•xperience of Michi· In th1~ Unltetl State in bt•half of procedural Improvement. Without gun, whose supreme court nunounc<'d the extraol'dinnry doctrine that ~olng luto the details of the rul~>~, I shall endea\"or to present what dl'Clnrlng the rights of parties is not a jurliclnl funl'tion, a constantly . <'Cill to be the es>~en tiul principlr.s upon which the Engli!'h syHtem is growing number or States-no lrsq thnn 18 nt the present time--are uasr•d, trea ling it umler tile three hl'ads of preparation, trial, and employing the declnrntory judgment proc<'tlure, Hntl the American Bar rcvie,v. Association is urging Rlmllar le::,riRlation hy Congrcf's. Summary 1. rm·;P.HtA.TOHY WonK judgments have not yet mat p1 OYide a mechanh;m for the early scg­ of debts through judicial pt·ocrss can not be .lndrllnitely deferrclay. And the regular (lockets themselves, of conniving at the instinctive sirc of counR<'l to keep his odv rsary becau.·e of the preliminary discovery which forceH eal'h party to lay ns far as possilJle in the dark, lest by obtaining Information be should most of his canh; upon the table, are tried with remarkable speed anu becomt• more formidable, til<' English rules provide for· tile most thor­ IH'curacy. ough disclosul'e and discovery. (A) Rl':II!IIAllY JCDGMF.:>'Ul OiscoVN'Y is one of the primary titles in the books on English pro­ Summary judb'111Cilt procedure, in cs ·l'n<'t>, is nothing but a process for cedure. From a mlnor doctrine in the chanct>I'Y practice it bas grown the prompt •olll'ctiou of dei.Jts. It was never employed by the common­ into n controlling principle embracii1g all litigation in the IJigh Court. law eourts, b e.au t! th<'y developed all their rules of IH'ocedure as mel'e Practically every case, commenced in the ordinary way, is st>nt at once b.'·Protluets of controvt>rsial lilh.mtion, and such litigation is not to a ma:,~ter on a summons for directions, who makes an order map­ ar party lld!ews will not be actually thing with n('atne. s and dl~patc•h. disputed, although formally In i~suP, nnd which be wishes to avoid The creditor Issue a summon with a :aves Pxpcnse to the parties but saves the ment . J.oulcl not be forthwith r<'ndrrctl a!!niust him. Tho burden is time of the courts in hearing pro<•(s. thus plncrcl upon thl' to obtain r that he oug:ht to lH' gin•n the ric:ht to litigate the claim. • To formal information from the other, he may hnve an order allowing him to put g stun•, uch a~ the alliolid mary judt.rment aet , will RulllC l• . 'l'he masters want a>: ·urnnces, Anrl mo~t important of all. each party is cntitlrtl, almost as a matter huu<.ls nd sham defl'u>:eR are ru thle. >:ly rejPcted. Uudcr the killful of co1mw, to on oritile in evidence or not-wltich he tllOll~nncl~ bring u. ually <'Dough. Very lnr;;e jut.lg;mentH, runniug into now ba:<, or ever hns h1Hl, in his poflst·Hsiou, relatin~ to the matter or evt-n millions of dollar·, are com;tUJltly being rendered in this sum­ involved in the suit. TlllA Jist mul':t c•mbrncc everything in writiu~ or mary way. printing capable of hein~r rearlaratlon. of ri~hts nrc not made in this . ummary way, but appli­ which he is entitler.~. for directionS'. The solicitors arc not nllowl'rl tbe luxury of a eat, but Tht• practice eunhl<>s parties to lJrin~ QU<'Stions h<'forc the COlll'IS for .'tt amount to au disclosures of r formnl preliminnrles; Ho u Pfnl and elicctiYe has thi!'3 })l'actlcc h<'come in England that the neceR~ity for ero~. · -pxamina lion is grratly reduced, and it is fre­ sev •t·al judge~ of the III~h Court nrc f•·elJe when tbe trial bc~,:lus, and they are u~unlly 10938 COl..,.GRESSIO.L TAL RECORD-IIOUSE

1ntrouuced by consent; formal admissionA of facts, and an. WM'S to the facts, by the impartial nctlon or the jud~e, who will decide without intcrrogatoricH, eliminate entirely many feature. of the ca e which any par·tisa.n auvlce or prPt< tll'e liS to what F:hould be salu to the jury. with us would call for extensive proof. With tl•c element of surprise .And finally, since tbo verdict is the judidal deci ·lon o! the jury, nml itt; lnrgPly out of tbe cnse nt tile opening of the trial, there is no occasion value and effect may depend U!JOn its for111, an lmpart1nl dlrection and for that elaborate maneuvering for ndYantn.~~. thnt >i~lant a.nd tire­ control shouln the merits of the ca. e. is the ab olute rule of practice in the English courtl:l. Our bnr bas nlwnys l.Jeen inclined to fear and distrust di. closure Five minute before the court opens the clerk calls 1!! jnrors 'into t.lle befo1·e trial. Thl'y have thought 1t would tend to produce !rameu-up box-usually 10 men and 2 women-noel promptly swears them to try cuM·s and pt'rjured testimony. But it mu"t not be forgotten tbat want the case. As he fini hcs this brief anu simple ccrPmony tl.J.e juuge steps of disclosure causes gr at delay, inconvenience, and expense, in the throug-h n door behind tho bl'nch, l.Jows to the !Jarri~>ters and to the preparation for trlul, seriously prolongs the tr11\l itsel! to the prejudice jury, takes his sent, and tho trial is under way. of tl.J.e partlC's, the witne 'S('S, the jurors, and the court and results in n !low many hundreds of tl.J.ousands of hours are wasteu annnnlly in defective nnu innclequate presentation of the renl merits of tho c..'lse, tbe 'Gnitcd States in empanelling jurirs? II ow much do wo rcuuee the thereby dimlnil;hlng vubllc confidence in the al.Jllity of the courts to average of jury 1ntelli~ence, particulnrly in criminal cases, l)y our ftnd the trutl.J.. In the de>elopment o! the law of evidence every reform exce'sive challenges? To what extent is the !lys1cmatic avoluance of hall L en oppo ed on the . arne ground-that it would tend to encourage jury duty on the part o! our well-to-do citizens trncenhl'l to the humill­ perjury. It is hard to reallze that no longer ago than 1 ~1 Lord ating eros ·-examinations to which we subject our juron'l and to the Brougham's net for the fi.r-t time made partie competent witnesses ill tedious and useless length to whlch we drag our trials? And, finally, ci¥il proccedin:rs in the superior courts. There wos groat dread of the how much is the confidence of the public in tho justice and intE.>grity net, h-st tile interc t of partie llould encourage false swearing. Lord of the jury system 4npaired IJy our pnrtisan wran~llng over the per­ Campbell wrote in bls Journal on Juno 1{), 1851: "It [the bill] is sonnel of the panel? These are interesting subjects for •Jpl'culat.ion. opposed, as might he expected, by the Lord Chancellor. I support it, The empa.nelling of an Iilllgli:ill jury is a dignified and impressive nnd I think it will be carrieu, altlwugh all the common-law judges, performance. They have already been selected for character n.nd in­ 'With one exception, are hostile to it." But the !car felt by the legal telligence, like the judges themselves, n nd thdr nam<>s can be olJtaincu profe: ion was groundle s, as events have proved. The history of by counsel for a shilling, in advance of the trial, 1f there is any de~;iro reform· both in pleading and in evidence ba shown continuous tendency to investigate them with n view to a cl:mllenge. As a matter of fact, to remoTe more nnrl more restrictions on the dl closure of the truth. this ll t is nlmo t never asked for. The cl rk, ns the represt'ntnti>e The spirlt of the times calls for disclosure, not concealment, in C.Vel'Y of tbe Government, not; of the parties, draws and swears them, thus field-in business dealings, in governmental activities, in international ~lving them a statu independent· of the contending parties, like tbnt relations-and th expCJ.1ence of Englanu makes it clear that tho courts of the judge on the b •nch. Freed from the bostlle inquisition of th~ .ne d no longer permit litigating parties to raid one another !rom rival lawyers the jurors undoubtedly approach tl.J.e co~e in a mnch more judicla.l frame of ruii1d than would be poss11Jlo under the Ameri­ ambm:1h. 2. Tnlil TRIAL can practice, and this clearly manifests itself in a closer cooperation between jury and juuge. When we pass from the preliminary and preparatory proc tltrre al­ En~llsh coun ·el state their cases well, put in thl'1r evidence carefully ready discussed to a con lderntlon of the · cond stngo in the process of a.nd thoroughly, auu argue the facts with simple m, which exercise a profound influence upon the entire con· made derogatory observation upon tbe argument of appellant's coun­ duct of the ca e in court, naruely, nonparti an control by tho judgo sel, but the Court of Crimlnal Appeals snid that no harm had been rather than pa.rtisnn control by the attorney . dono, for counRC'l had made a very eloquent speech and lbe judge bad One seldom ob. erves carefully tho e things with which be 1s very only tried to n.dmlni.->ter an antidote. tamilinr, and American lawy~rs were generally somewhat surprised, The value of a summing up is not appreciated in the Unlted States, after watching the proceedings in English courts, to realize how pre­ but in England 1t is conslucred the mo8t importn.nt function of tlle ponderant is the part taken by the attorneys in an American court and, judge. Doubtless tbnt strange aud anonrnlous rulo !ollo"·ed by most to corre ·ponding degree, bow little the American judge participates in of o.ur , tate court , which forbiilii comment hy the judge on the weight the active work of the trial. As the English themselve5 express it, tb~ of the evidence, has created f'O great a risk of error in !'Umming up that barristers only a . I t the judge in trying the case. There are, of cou~e. our judges hesitate to take the chance, and either omit the summing three oftlcial a"'cncie involved in a trial, the juuge, the jury, and the 1.1p entirely or mako it quito formal una perfunctory. A few wPck~ attoml"ys, nnd the main problem of trial practice is to make them flpent in watching jury cas~s trieu in England will c nvlnce oue that cooperate most effectively in nrrlving at tho merits of contro¥ersies. tho summing up does more to secure a verdict b Reel on tlte merits of trwo of them. the juuge aud t'he Jury, sboulu be nonpartll'!an, b cause the cnee than all tb rules of eviucnce which lcgnl ingenuity hus thl'y are requil·ed to decide disputed que ·tions between the litigants; devised. while tbe attorney , who. e task it is to pr nt the rlvul claims of the The judge not only recalls to the jury the varlaus partE of the evl­ conte tants, must of necPs lty be strongly imbued with tl1e ze-n.l of tho dence and tho ditrerent witne. s who testified but be SU::!'""CSts such o.dYocnte. Now, the Engllih theory of nn Pfficien1 trial procedure seems inconsistencies and iropt'obabllitlHs and such elements of corroboration, to ue predicate!] uvon a distribution of tl.J.e \'"arion. pt·oceedlngs em­ as he has ob crved, and cautions the jury in rcgaru to auch evideneo l.Jrnced in the trial ln such a way that tho. e requiring impartiality ~:~hall as is lil\ely to appear entitled to too much or too llttle weight, such not be dcle~ated to the attorneys and that those, on the otller band, as admi sions, te. timony of accomplices, proof of a lln.d r putntion for which involve pnrt1 nn iuterest shall be placed in the bands of the vt·racity, testlm ny colorl'd by interest, evlucnce admitted for a llm!teu representatives of the contending pnrti<'s. purpo::;e, and evidence 1nbcr ntly weak or strong. lie warns the jury Snch a clnl'lsiflcntlon of the steps in a trial Is perfectly easy. Since against improper remarks of counRel or facts lmpt·operly brought to .r the selection of the jury Is sometbln~ which should be absoluh•ly efore lhem. Naturally his pr sentation will have weight tJ if it is to lie mnae forcil.lly, must, on thP other hand, be the work of with tlJe jury, ns it ought to hnv , for ther can hardly be nny doubt 1 the attorney , and the nme is true of the ofT'ering of evidence a.nu about tlte 1mm uc;c value of a nonpl\rtlsnn smnllUl.ry after counsel bnye ar~-:ument relatiYe to i~ force ancl etl"ect. But the jury houlu be urged their nntlthctical vinwa upon tile jnry. 1u~:~tructed on the law with compldt! impart1ullty, and in this tho attor- •• ~'rlnl by jury," uys Dic11y in his I.aw of the Con titution, "is opP.n 1H'YS bonld have no hnnll, and the snmo ill true of the summing up of to much criticism; di tln~1l:ill('l} French thlnl{Cl' may l.Jo r4;"llt in the evidence. and the supcni ion of the form of tbe veruict. H', thcrL'­ holding that the hnbit o! ubmittln~ difficult prol.Jlema of fnct to the fore, each branch of the trilmnnl Js to do what it is be. t fitted for nnu dt•cision of 12 mt•n of not mor tllan nvera'"'e t•ducation anu intelUgPnco is to refrain from attempting to do thoso things which 11.re incon i tent wlll in the nenr future lJe considC'rOt1 nn ahl-lunllty as pat!'nt as ordeal with its nature nnd character, the jury will be empaneled lly the judgo lly JJattle. Its succe.; ln F.nglnnd is wholly due to, and is tlle wo::;t or other conrt offic<>r wtthr.ut any interference l.Jy the attorneys and will extraordinary r;ign of, popular confluence in the judicial bench. A lie instructed on the law nnd informed {by wn;r of summ1ng up) upon juuso is the colleague anu tllc readily accepted guide of tllo jurorl3," 1926 CONGRESSIONAL RECORD-HOUSE 10939 Even more novel to an American lawyer ls the English practice as be made by way of appeal, while hi Michigan, as in most American to instructing the jury upon the law. Counsel have no more to say States, new trials are ordered with great freedom by trial courts, so al>out the judge's charge than about his summing up. Instead of being that the total number of new trials actually ordered in Michigan dur­ a mere phonographic in trument for reading the instructions which ing the year 19:?4 might very likely have been a hundred times as great counsel have prepared, the English judge makes his own statement of as in all of England and Wales. the law to the jury. The principles involved in the case are pointed Lord Alverstone, when Chief Justice of England, testifying before a out, briefly and . imply. in the course of the summing up, wherever select committee of Parliament which was investigating the state of the they are applicable, rather than in the form of elaborately constructed business in the King's Bench Division in 1909, said : " In the old days paragraphs read to the jury one after another in a tiresome and unin- • the judges used to rule and there were arguments before the tclligible series. Counsel are not expected to even intimate to the court in bane and cases were sent down for new trial. The modern judge bow they would like to have the jury charged, and I once saw practice • • is that points are taken if nece ary and questions a learned barrister make a subtle effort to convey such a suggestion of fact are left to the jury to decide. The other questions are dealt through his argument to the jury, only to be instantly stopped by the with in the court of appeal. In the result • the number of judge, who said, "Sir Edward, I think you may assume that I have new trials is, comparatively speaking, infinitesimal. They only take suffiCient knowledge to charge this jury properly without the assistance place now practicaliy when the judge has misdirected the jury. They of counsel." do not take place where the judge has beard the case witllout a jury, American appellate courts have often said that the judicial language because the court of appeal set him right. New trials are very, very of the judge is much J;llOre suitable for instructions than the strongly I few. I have myself on more than one occasion said, 'I biased language of counsel, each of whom tries to state the law as think that such-and-such is the view of the law, but I will ask the favorably as possible for his own side. Neither of the lawyers striving jury this question and get their verdict' ; and the court of appeal have to win hls case can be expected to explain the law as clearly and fairly entered judgment the other way, having regard to what the true view as the judge, therefore the English, very logically, put the whole re- I of the law was. If I had not done that they would have sent it down sponsibil1ty upon him, and exclude the partisan hand, and even the I for a new trial in order that the facts might be ascertained. • • • partisan advice, of counsel. A judge is expected to exhaust the questions of fact which are likely Finally, the English are much more economical than we are of the to arise in the case." fruits of the trial, and always endeavor to adjust the verdict so that I New trials are a total economic loss, and their frequency in the in case of error no new trial will be necessary. They do thi wherever United States is the most convincing proof of the utter inadequacy of possible by means of special questions put to the jury covering the j our trial procedure. The profession is inclined to take a rather fatal­ actual issues litigated. istic attitude as though rules of practice, especially if hallowed by long Special ver.dicts in the .American practice are very unsatisfactory, I observance, were. immutable, like the law of gravity, and the public because they are construed with the most technical severity. In the must make the best of them, just as it makes the best of the various first place, they must be stated in the form of ultimn.te fn.cts, and not forces of nature. But the profes ion is suffering from the complaisance evidence or legal conclusions, and since no one has ever been able to 1 which affects every monopolistic institution. Instead of expecting devise a test to identify ultimate facts, the use of a special verdict commercial, industrial, and social relations to adjust themselves to the always involves a risk. Furthermore, we seem to have inherited the obsolete equipment wlth which the judicial establishment does business, al>surd rule that every fact in issue on the pleadings must be found the profession should, as it has done in England, scrap a large part of in the special verdict, whether actually contested at the trial or not. the machinery and provide new devices to correct the defects which have This again adds to the hazard, for special >erdicts, naturally but un- become an intolerable burden upon society. fortunately, tend to follow the lines of the trial, rather than the 3. APPEALS pleadings, and one discovers only after the jury has been discharged In the final stage of litigation, the appellate review, the English rules that some uncontested though material fact has been omitted, thereby are clearly founded upon the simple proposition that an appeal, in its ruinlng the verdict. Again, the formal requirements are exacting, for formal a::pects, should invohe no technicn.l difficulties whatever. The the questions through which the jury are brought to deal with the judgment record already exists. If the papers which make it up are facts must be clear, simple, direct, unambiguous, free from suggestive filed in the appellate court office, and the appellee is notified of such implications, and not too numerous or detailed; and the answers must filing, nothing more would be e-ssential to a perfected appeal. An meet the same tests. After fortunately escaping from the Scylla of the appellate process reduced as nearly as possible to this degree of sim­ pleadings, one ~esitates to take a chance with the Charybdis of the plicity would be an unmixed economic advantage, for the only purpose special verdict, and the result is that this immensely useful procedure served is the mechanical one of effecting the transfer with notice to is feared and avoided, and the parties timidly succumb to that crude the appellee, and every added restriction, requirement, or condition relic of barbaric times, the general civil verdict. If one questions the merely presents an obstacle and imposes a risk. Unnecessary friction reality of the hazards involved, let him glance at Mr. Vilas's little book always impairs a mechanical device. on Special Verdicts in Wisconsin, where the propriety, form, or effect The English practice in taking an appeal so successfully meets its of the s[lecial verdict is shown to have been litigated before the theoretical aim that there is almost no way of making a mistake. supreme court of that State in 250 cases in the first 112 volumes of Nothing is required but the ability to read and to operate a typewriter. reports. Bills of exceptions became obsolete in England so long ago that some In contrast to our practice, which has made the machinery of special of the oldest men now in the law court offices never heard of them. verdicts so intricate that it hardly functions at all, the English have Assignments of error have also gone the way of the cross appeal, the developed an astonishingly simple and effective procedure. The judge writ of error, and the other extinct monsters of the cave-dwelling himself, noting the material Issues which have actually developed in period of English law. To perfect an appeal the English barrister the evidence, frames a few simple questions to cover them. He asks serves a notice upon the respondents that he will move the court of counsel on each side if they are sati fied with them, and any reasonable appeal in 14 days to reverse the judgment. He. then files with the changes will be made if suggested, and other appropriate questions clerk of the court of appeal three typewritten copies of the notice added if desired. In a few minutes judge and counsel have agreed in of appeal and of the pleadings, evidence and opinion below. There are open court upon the questions to be put, and neither side may there- no abstracts, or condensations, or reductions to narrative form, to be after complain that the questions are insufficient in substance or form worked out, wrangled over, and settled. The appellate record is merely or are inadeQuate in scope. They are put to the jury, the answers are a copy of existing documents. There are no exception . If the appeal taken, and judgment is rendered on the answers with or without is too late, the court can extend the time· for good cause shown; if argument. the parties change by death or otherwise, the court may order substi- The common law obsession that the technical record, or judgment roll, tution; it additional parties should be joined, the court may at any must a1one be sufficient to support the judgment, without reference to time order that they be notified; 1! additional evidence is needed in what really occurred at the trial, although it flourishes with undimin- the court of appeal It may be ordered brought in, either by oral testi­ ished vigor in the United States, seems to have completely lost its power mony or affidavit or deposition; if new points not raised below ought to hypnotize and charm the English. For them the record is only a to be considered, the court may order or allow that this be done. means to an end, and its importance can not extend beyond the limits The appeal is by way of rehearing, which was defined by Sir George of its utility. The framing of issues by the judge at the trial is a Jfe>ssel, master of the rolls, as meaning that the appeal was not to be practical and effective method of administering justice, and this alone confined to the points mentioned in the notice of appeal. Indeed, the is a complete defense of its validity. By means of these special issues, rules do not require any grounds of appeal to be mentioned in the notice the verdict is in effect made up in separate compartments, one or more and, according to the current practice, about half the notices specify of which may l>e affected by error without scuttling the whole verdict. grounds and the other half do not. The case is therefore not reviewed The result of the English system is to make the calamity of a new for errors, but reviewed at large upon the merits, and to insure the trial almost unknown. The Engllsh reports for 1924 show only two broadest usefulness, the court of appeal is given all the powers of the cases sent back for new trials in the King's Bench Division during the trial court, and may draw inferences of fact and make any judgment whole year. In the same period the Supreme Court of Michigan, which or order that ought to have been made or make any further order that I as ume is typical of the United States, sent back 57 cases for new justice may require. The avowed aim is to enable the appellate court trials. But the discrepancy is really much greater than this, for in to completely dispose of the case so that when the appeal has been England the trial courts can not grant new trials, but application must decided the litigation is at an end. 1'0940 OO.r ·G:RESSIO AiL lliffiOORD-HOUSE . JuKE 8 The good business sense of tM •English shows itself Jn the fact that ing of fractions of a pound. So if the unascertainable elements in they do not requlre records in the court of appeal to be printed, although the trial give a certain accidental mnge ·of variation, it is absurd to the House of Lord · Js more fastidious. It is an ob.vlous extmvagance reject the verdict becuuse of errors elsewhere in the tdal which affect to set up anything in type ~hen only a half dozen or a score of copies the result to a less degree than the unknown elements. For example, are needed. Costs taxed for printing bills ar~ .practically thrown away, a bit of hearsay is admitted. The question should be, Is that feature for preliminary typewritten copies must be prepared anyway, ,and, with of the case likely to exercise a more profound effect upon the verdict substantially no extra expense, carbon or mimeo.,c:rraph copies wnld be than the whole personal and psychological complex of the jurors, run off for the court and parties and the printing dispensed with en­ witnesses, lawyers, and judge? If not, it shoulartlonment of eertain additional judges, showing ' judges to. do. all the judidal business which the pe&ple of east-. the absolute need fo.u the additional judges provided by this ' ern Michig.an demand. [Applause.l bill. However, I would like to emphasize some of the facts: The SPEAKER. The: time of the gentleman from Michigan which reveal the extremity of the Federal judges for the has again expired. eastern district of Mkhigan in their attempt to handle the Mr. SNELL. Mr. Speaker, will tile gentlell13JlJ from New tremendous volume of business arising in that district. York [Mr. O'CoNNOR] use some of his time? The population of Michigan is abEJut 4,000,000. Practically Mr. O'CONNOR of New York. I yield five minutes to the three-fourths of the people live in the eastern district. In adell- gentleman from Oklahoma [Mr-. McKEOWN]. tion to the numerical greatness of the population, it ·is of a The SP.IDAKER. The gentleman from Oklahoma is recog~ character which gives rise to an unusually large am{)unt of nlzed fo.r five minutes. business in the courts. There are a large number· of foreign- Mr. McKEOWN. Mr. Speaker and gentlemen oi the House, born people who want to be naturalized and who get lnto the r do not know. anything about the particular needs of these courts in one way or anothe:v for the settlement of immigration districts, but this thing I do know, that some revision should. questions. The population of Detroit is made up approximately take place in the procedure in the Federal courts that ought of 25 per cent each of American born, alien born, American to be less expensive to the taxpayers. It does seem to me born from two alien parents, and American born from one alien that now, at this time, with 22 new Federal judges recently parent. There is densely populated foreign territory just appointed, many of them from sparsely settled districts in the­ across the river. As JU<}.ge Arthur J. Tuttle, o:f Michigan. has United States, they ought to be able to go and take up the work said: and keep up with it. we hav~ diversity o-! citizenship 011 every hand. But here i.s· what the trouble is: We go to work and take Mo~over, the bo:rder line affords temptation for all" kinds of everything out of the State courts ; we give the right to remove smugglers-liquor, drugs, and immigrants~thus creating a cases that ought to be tried in State courts and put them over heavy burden of criminal cases. In fact, tbe number of crim- in Federal eourts, and litigants are compelled to bear enormous inal cases bas reached such a height that it bas been necessary exg~~r~men talk about criminal eases cluttering up the. Fed­ to crowd tbe civil cases almost entirely o.nt, the number of the former commenced •in the eastern district tn l925 being 1,447, eral courts. In the Federal courts no poor defendant can. have while the latter numbered {)nly 633. It would not have witnesses for himself unless be makes an affidavit setting out • wbat he expects to prove by his witnesses and submits the list been possible to bear even this number of civil cases were it not to the district attorney, and be has to 0. K. it, and then the1 that a competent referee and master in chancery has been will probably give him three or fomr witnesses. devoting his entire time to the handling of cases 1n which the I4'U'ties agree to divide the cost of such method. Tbe cost, Gentlemen talk about the Volstead Act being unpopular, and being the cause of crime and lack of law enforcement. It is e'len at best, is practically prohibitive to a plain tiff of moderate- because you have crowded into the Federal courts a great num- means. ber of minor cases that could be disposed of by United States The situation as to patent cases is, 1f possible, even more commissioners throughout the United States, thus giving the deplorable. Tbe patent lawyers of l\Iichigan bave found it Federal courts the proper opportunity to give to defendants next to impossible to obtain a trial of a patent case in the quick and inexpensive trials. eastern district, for the sole reason that the court can not get The gentleman from Virginia [Mr. MooRE} talks about trying to them. There bave been but 36 patent cases tried in the last cases of promiscuous crime without a jury. In a large number nine years, an average of 4 each year. The congestion to-day of all the trials now the cases are tried by the judges with is steadily getting worse. At the present time there are 80 a jury sitting by. I bave asked this Congress to put some patent cases on the equity docket in the eastern district of limitation upon the power of trial judges, but it has refused Michl"'an. If conditions are not remedied and but four patent to do so. In the first place, you ought to revise the whole cases peF year are tried, it means that a patent case filed to-day colll'se of procedure in the Federal courts. You can take a will not be reached for hearing for 20 rears. The life- of a case now and it will cost the litigant so much money that it patent is but 17 years. Therefore tbe patent would expire be- denies the poor an opportunity to litigate in the Fede-ra1 fore hearing could be had. In those patent cases which have courts. You come here to the Supreme Court of the United been tried it has been necessary in nearly all of the suits to States and ask for a writ, to be permitted to go into that court take tile testimony either by deposition or before a master in and pay hundreds of dollars to print a record that will be order to obtain a final bearing. denied the next week. One great indu ·try that has developed within the life of Why should we entail all these expenses on the people of a patent of 17 years is the automobile industry, and they make this country? There is no reason why you should come in now more than one-half of their product in the eastern district of and put in additional Federal judges when you ought to devise 1\fichigan, and quoting from Judge Tuttle of that distri-ct= some plan whereby these misdemeanor cases can be disposed of The last time I inquired there W\!.re ovet 13Q,OOO live patents on at home, where the cases can be placed in the hands o.f Federal the automobile and its accessories. There is the natural place for commissionel's and a jury trial given if it is desired. them to try out these patents. We are absolutely trying them out. You can not even find out what a. man is charged with in They are all there with tbelr plans a,nd blue prints and offices in the some of these Federal courts unless you put up $5 and look at factories so that tbey can easily come to the court and all could try the papers and tben go and often find witnesses and confine their patent ca~s in that court; but they are being dragged all over them to jail. It is held if you kill a mau in Oklahoma on an the country because they can not get a hearing there in our court. Indian allotment you must be tried in the Federal court. If It ls the plaintiff in a law suit that fixes the jurisdiction. The com~ one man kills another man on this side of the line, he is tried panies havo their employees scattered aroun~ so that you can go and in the State court. But if be killed a man over on this other sue them almost any place, 1f you are forced to do it ; but the natural side of the line be has to be tried in a Federal court, and in place is here, where there is everything to do wJth the industry. order to get any witnesses at all at Go-vernment expense he The plaintiff, however, looking for his money, goes into some other must disclose what they are going to swear to and have that . d.W;rlct. approved by the district attorney. If you call that a fair trial We have become so busy in that district that we absolutely can not and if you consider that fair dealing with defendants in Fed~ take up these patent cases or ordinary law cases. We have done era! com·ts, why, gentlemen, you have not the same ideas about everything that we know how to do in order to expedite the work. fairness and justice that I en.tertain. [Applause.] For example, we have adopted the rule that the judge should examine Instead of creating more trial judges you should relieve the the jurors, and we do that as fast as we can. We limit the argument present Federal trial judges of police-court cases and give them all we can to the jury. a chance to try real cases. In Michigan they can not take a chancery case and operate a re· You discriminate against trial Federal judges by your pro- eeiver hip. A business is solvent, but they have become embarrassed, posed increase salary bill by giving a greater propj>rtionate in~ and wa.Qt to carry this by a receivership. .All that the machinery will crease to the circuit court of appeals judges. In }15ur proposed do is to wind up a concern. The average concern that attempts it salary bill you make a much gr€ater difference than exists at finds itself in the bankruptcy court. the present time. Yet you will admit that the trial judges are All of this crowded legal machinery which can not function doing extremely hard wo1.1k. adequately fer the protection of our citizens ls not costing the The SPEAKER. The time of the gentleman from Oklahoma Government anything in appropriations. The fines levied ln has expired. The question is on agreeing to the resolution. the eastern distl'ict last year in cases without juries were iri The resolution was agreed to. aggregate $2 9,000, or $35,000 mo::ce than the expenses of run- TERM. ~sUB~CE ~DE& WORLD wAR VETERANS' .ACT ning all the courts in that district, inclu{ling all expenses. The The SPE.AKER. The Chair has before him (H. R. 10354) a· net profit from the colll'ts in the.eastern district of Michigan bill to extend the time for con'lerting term in ~ m·ence und& the last year was over $100,000, a sum sufficient to pay enough World War veterans' act, 1924, as amended. This bill was re- 10942 CONGRESSIO~AIJ RECORD-.HOUSE JuN .~ 8 ferred to the Committee on Ways and Means, but after e:x-j district of Connecticut, 1; for the eastern district of I'ennsylvanta, 1; amination the Chair thinks that it properly belongs to the Com- for the district of l\Iaryland, 1; for the northern district of Georgia, mittee on World War Veterans' Legislation. 'Without objec- 1; and for the eastern district of Michigan, 1; for the district of tion, it will be ~o rereferred. South Dakota, 1 ; f'or the southern district of California, 1. There was no objection. SEc. 2. That the President be, and be is hereby, authorized to MESSAGE FROM TIIE SENATE appoint, by and with the advice and consent of the Senate, an addi­ tional circuit judge for the second judicial circuit. A message from the Senate by l\Ir. Craven. one of it clerks, announced that the Senate had pa ed with amendments bill With the following committee amendment: of the following title, in which the concurrence of the House of Page 1, line 12, strike out the words "northern district of Georgia," Representatives was reque ted: and insert in lieu thereof the words "eastern district of South H. R. 54. An act authorizing the removal of the gates and Carolina." piers in West Executive Avenue, between the grounds of the M:r. O'CONNOR of New York. Will the chairm,an yield for White House and State, War, and Navy Building. a question? The message al~o announced that the Senate had insisted Mr. GRAHAM. Yes. upon its amendments to the bill (H. R. 7669) to provide home Mr. O'CONNOR of New York. Has any arrangement been care for dependent children, disagreed to by the Hou e of Rep- made as to controlling the time in opposition to this bill? resentati~e , ha~ agreed to the conference asked by the House Mr. GRAHAM. I was· just about to inquire who on your on the disagreerng vote of the two Houses t~ereon, and bad side wish~ to control the time in opposition to the bill? ordered that Mr. CAPrER, Mr. JoNES of Washmgton, and Mr. Mr. O'CONNOR of New York. If there is no member of KrKG act as the conferees on the part of the Senate. . the committee opposed to the bill, I propose to claim the time The message also announced that the Senate had passed bill I in opposition to it. · and Senate joint resolution of the follow~ng titles, in which the Mr. GRAHAM. That is agreeable to me. concurrence of the House of R~presentativ~s was requested : . The CHAIRMAN. If no member of the committee desires S. 1859. An act for the relief of Patnck 0. Wilkes, alias to control the time in opposition to the bill the Chair will Clebourn P. Wilkes; al?~ . . recognize the gentleman from New York [1\fr. O'CoNNOR] in s .. J. Res. 51. Senate JOIDt resolution pro;fd~g for th~ com· opposition to the bill. The gentleman from Penn ylvania is pletwn of the Tomb of the Unknown Soldier rn the Arlmgton I recognized for one hour. National Cemetery. Mr. GRAHAM. 1\Ir. Chairman and members of the com- SENATE BILL Al\-ru SENATE JOINT RESOLUTION REFERRED mittee, I will not con ume very much time myself because Senate bill and Senate joint resolution of the following titles there a~e others ~ho w~sb to be heard respectively in regard were taken from the Speaker's table and referred to their ap- to the JUdgeships m then own State. propriate committees, as indicated: I wish to say to the committee that. th_is matter has been S.1859. An act for the relief of Patrick C. 'Vilkes, alias ~ost. carefully considered. We have elim~nated and selected Olebourn P. Wilkes; to the Committee on Military Affairs. districts where they appeared, from the evidence before us, to S. J. Res. 51. Joint resolution providing for the completion of be most ~eeded. the Tomb of the Unknown Soldier in the Arlington National As a preliminary I would like to remark that I listened with Cemetery· to the Committee on the Library. great attention to the statement of the gentleman from Virginia ' [Mr. MooRE]. If it can be accomplished it is one of the things ENROLLED BILLS PRESENTED TO THE PRESIDENT FOR HIS APPROVAL that must be accomplished in the future. I might say, in Mr. C.iMPBELL, from the Committee on Enrolled Bills, passing, that the gentleman from Texas [~Ir. SUMNER] and reported that this day they had presented to the President of myself, representing the House Judiciary Committee, were in the United States for his approval the following bills: conference with representatives of the Senate Judiciary Com- H. R. 4007. An act to amend an act appro-ved June 20, 1910, mittee and some of the judges of the Supreme Court trying entitled "An act to enable the people of New Mexico to form to work out some scheme by which the courts of the United a constitution and State government and be admitted into the States might be relieved of some of the very heavy burdens Union on an equal footing with the original States, and to which they are obliged now to carry. It will give me, as one enable the people of Arizona to form a constitution and State of the members of the committee, great pleasure to confer government and be admitted into the Union on an equal foot- with the gentleman from Virginia, and with others, and strive ing with the orl.;inal States"; to create some plan by which a minor judiciary may be created. H. R. 5026. An act to pro-vide for the construction of 10 ves- One of the great difficulties has arisen by reason of the invasion sels for the Coast Guard ; of what belonged heretofore to the States alone through the H. R. 6535. An act to amend so much of section 55 of the adoption of the eighteenth amendment. By the adoption of Hawaiian organic act as amended by the Hawaiian homes that amendment a great burden of police work was cast upon commission act, approved July 9, 1921 ; the Federal Go'fernment without furnishing that Government H. R. 9035. An act for the payment of claims for damages the proper equipment and machinery for carrying on the work to and loss of property, personal injuries, and for other pur- created by the adoption of the eighteenth amendment and the poses incident to the operation of the Army; laws intended to carry it into effect. That is one reason why H. R. 10773. An act to authorize acquisition or use of public the business of the courts is suffering, why the courts are lands by States, counties, or municipalities for recreational congested, and why the demand is insistent for the relief purposes; and which the committee is now presenting to this House for its H. R. 11613. An act to provide for the study and investigation action. of battle fields in the United States for commemorative Mr. DENISON. Will the gentleman yield? purposes. l\Ir. GRAHAM. I will, with pleasure. APPOINTMENT OF A.DDITION .AL JUDGES Mr. DENISON. I had in mind the wisdom of taking into these conferences, in trying to work out legislation that will Mr. GRAHAM. Mr. Speaker, I move that the House resolve relieve the courts of a part of their work, the members of the itself into the Committee of the Whole House on the state of Supreme Court. Does the gentleman think that is a wise the Union for the consideration of the bill (H. R. 10821) for policy? th~ appointment of certain additional judges. Mr. GRAHAM. Well, without passing any opinion upon the 'fh2 motion was agreed to. wisdom of the policy, it came about without our solicitation an

:Mr. Dffi\"'SO~. What I have in mind is this. Suppose the Mr. Chairman, I reserve the rema'!nder of my time, and I Congress should cna<;t legislation that is intended to create yield five minutes to the gentleman from New York [Mr. PERu­ some sort of subordinate courts to relieve the other courts of MAN]. [Applause.] some of their duties, and afterwards the constitutionality of Mr. PERL~!AN. .Mr. Chairman and 1\Iembers of the House, the legislation should be raised in the courts, if the Supreme the gentleman from New York [Mr. o·co. NOR], who is lead~ Comt had bee-n consulted and advised in the preparation of the ing the opposition to the provision in this bill for the appoint~ law, it seems to me it would be embarrassing, and I do not ment of three additional dish·ict comt judge for the sout hern believe the committee of the House ought to do that. district of New York, stat-ed that be did not know what action Mr. GRAHA!II. I think, perhaps, ~thically the gentleman is had been taken on this question by the bar a sociation. I will correct, and I am not going to dispute that proposition, but I now read, ~pecially for his be~fit, from the report of the do ay it was perfectly competent for those who had charge special committee on congested calendars submitted at the an~ of the court bu iness throughout the country to call our atten­ nual meeting of the associati(}n of the bar of the city of New tion to it and ask us to take it up independently; and that is York, held on l\Iay 11, 1926. This special committee is headed all that wa.., done. by Hon. Henry W. T-aft, chairman; former Judge Samuel Mr. DENISON. I see no objecti.an· to that. Greenbaum, vice chairman; and John L. Lockwood, secretary. Mr. GRAHAM. That is all that was done. They would D{)t All of the members of this committee are prominent and active be taken into consideration in framing the legislation for the practitione1·s in the courts of New York. The members of the legislative duty would rest upon the House and the Senate. committee are: ]'rancis G. Caffey, William N. Dykman, Edwin I will not now take up any mere time with my own remarks Phillips Kohl, Alfred W. Meldon, James A. O'Gorman, Otto M. further than to say that the judgeships cr~ated by the pro­ .Stantield, Charles S. Whitman, Martin Conboy, D. Roger EnglarJ posed bill are absolutely necessary. If busin~ss is to be :re­ Edward J. :McGuire, De Lancey Nicoll, Clarence J. Shearn, anq lie\ed, if the congestion of work is to -be reduced and a Solomon M. Stroock. healthy condition created, these judgeships are absolutely neces­ E1ery member of this committee is an active practitioner iii -sarv in the district to which they are assigned, and I 1J:ust the the southern district of New York. They are leade1·s of the bar bili will have the favorable consideration of the committee. in New York City. Most of them are Democrats. · 1\ir. WAit\TWRIGHT. Will the gentleman yield 1 Mr. O'CO~TKOR of New York. Will the gentleman yield foc Mr. {iRAHA"U. Yes. a question there? Mr. WAINWRIGHT. The gentleman from New York [Mr. Mr. PERLMAN. Yes. o·col\~OR] has referred to the -condition in the southern disb:ict l\Ir. 0'001\'NOR of New York. With great re. pect f-or thuso of New York, and as that is the -dist~rict where there is the distinguished lawyers, is there anybody on that list, outside of greatest increase, namely of three judges, may I not ask if the Mr. Caffey, who has had any extended or considerable experi~ committee did not have abundant evidence as to the need of the -ence in the Federal courts? increase of. three §udges there, both from litigants .and from "Mr. PERLMAN. Ye.. They all have actively practiced in members -of the bar. . • the south~rn district court. One of t'hem is your friend 1\lr. Mr. GRAHAM. They certainly did, and the council .of judges Martin Conboy. which you authorized, consisting of the senior judge of each 1\lr. o·co~'NOR of New York. The gentleman would call circuit and the Chief Justice of the Supreme Court of the United his experience in the Federal courts extensive! States, all specially referred to the condition of the dockets and Mr. PERLMAN. I think he has tried many; many cases iri the state of business in New York as being the crowning pl-ace the Federal courts, and I think the gentleman from Kew York demanding relief and needing it immediately. knows he is one of the most prominent lawyers in New York, 1\lr. WAINWRIGHT. Is it not true with respect to the New and he is a member of his political party. York circuit that the lla.r Association of the City of New York Mr. O'CON1\0R of New York. He is; bnt I de not know -of and perhaps some of the otheT associations, including the his expe1ience in tbe Federal courts. merchants' association, indorse this proposition? Mr. PERLMAN. He h-a · tried many ·cases there. Mr. GRAHAM. Both the county and State bar associations, I now read from the report of the committee.: and also in the western district and in the northern district, and the judges have also asked for it. Since the establishment of the judicial council in 1922, the annual l!r. O'CONNOR of New York. Will the gentleman yield for review of the work of the district courts has been thorough. That a question there? body has urged that more judges be allowed in the southern district. Mr. GRAHAM. Yes. This association has joined in the recommendation. During the p;res­ Mr. O'COI\TNOR of New York. Is it not a fact that the ent and the preceding sessions of Congress its committees nave re110rted hearings and the repoct contain nothing in respect of the bills providing for the addition of three judges. In our opinion that southern district except the statement of one lawyer who is number is not in excess and may be below the needs of the district. paid by the National Credit Men's Association? Without the assistance of judges from other districts, sitting by Mr. GRAHAM. No. assignment in the -southern district, congestion of the ealendar would be a ~lr. O'CONNOR of New York. Where is the evid~nce which much greater• .Judges .coming by assignment nave done great deal the gentleman sa:ys the committee has? It is not before tbe of excellent and helpful work. Nevertheless, it is impracticable .for House. visiting judges to dispose satisfuctorily of a volume of work equiv.alent Mr. GRAHAM. The hearings -are printed and they are before to that -which .could be disposed of .by an -equal number of l'esident the House, but the letters and communications that were .sent judges in like periods. The time of arrival of the visitors i-s uncer­ in are not printed and are not before the House. tain, the length of their stay is likewise uncertain, and frequently ~fr. MILLS. Will the .gentleman yield? they are tmfamiliar with local peculiarities. In consequence, it is Mr. GRAHAM. Yes. impossible uniformly to make the most economical use of -them while Mr. MILLS. I would like to ask my colleague from N~w 1n New York. Mareover~ with the .growth -of business ln other sec­ York whether it is not a fact that the New York City Bar Asso­ tio-ns, it is increasingly difficult to get substantial service frtnn experl· ciation, the county association, .and the ba.r .association of the enced judges residing elsewhere. Legislation, therefore, aimed to .make State have all indorsed this proposition? easter the temporary transfer of judicial service t'rom one community Mr.. O'OONNOR of New York. I do not know that to be the to another does not go to the heart of the matter. Upon grounds fact. of ecnnomy .alone an actual increase in local judges is far to be Mr. GRAHAM. That is the communication which has come preferred. to me. No lawyer practicing in the southern district of New Yor'k 1\fr, MILLS. The gentleman sa_ys he does not know that to appeared ·before the Committee on the J-udiciary in -apposi-tion be the fact? · to this proposal. Many 1awyers who ha-ve written to me have Mr. O' CONNOR of New York. I do not. favored more than tl:lree additional judges. 1\Ir. MILLS. Tbe gentleman will not deny that is the fact. I l:.now of no -association opposed to this legislati-on. Many .Mr. O'CONNOR of New York. I will not deny the gentle~ large associations .have petitioned this Congress to relieYe the man.,s statement that they have indorsed it congestion of the business in this district. They have asked Mr. ELACK of New York. There is one thing that is the that at least :three additional juilges be appointed. Among fact-the Republican county organization of New York wants these associations are: it, and that is the biggest bar association. Mr. GRAHAl\I: I would say in answer to that suggestion Manufacturing -Confectioners Board of Trade, 233 Broadway, NeW' that the committee has not allowed political considel·ations York City. to enter into this que tion in the -slightest degree, aBa I hOpe Broadway Association (Inc.), 1465 Broadwa,y, New York City. they will not enter into it in the discussions on this lloor. New York Credit 1\len's Associlrtion, 32"0 Broadway, New York City. · [Applau e.] Silk Associati in the s?utbern district of .Ne~ Yor~ in additi?n to t~e ~ix 1\Ir: HUDSPETH. Can the gentleman tell us when that bill regular ?udges. We have su JUdges m the souLhern d1stnct, will come before the House? a~d ~urmg ~e !ear ~025 ther~ w~re often t~ree or more out- Mr. PERL~IAN. I believe before Congress adjourns, and it Side JUdges ~Ittn~g With the SIX JUdge~ ~elpmg clear. up the should be pas ed by the House without opposition. It has calendar. I m~mred how man: were sittmg now. Mr. Buck- already passed the Senate. ner's telegram reads as follows· The equity and civil calendars, including maritime cases, are NEw YORK, N. Y., April 21, 1926. now at least a year and a half behind. This delay amounts to NATHAN D. PERLllAN, a denial of justice in many cases. The criminal does not favor Hottse Office Building, Washington, D. 0.: additional judges, because in delay be finds the only avenue Only out-of-town judge now sitting is Judge Henning, !rom California, of escape; be hopes by delay that witnesses may forget or leave notwithstanding continuous effort to secure out-of-town judges for the jurisdiction of the court. Speedy trials are feared by the May and June. Have not yet been successf11l. Have just appealed to criminal, and with additional judges there will be speedy trials. Chief Justice Taft to try once more to secure out-of-town judges for The defendants in civil cases want delay in the hope that the these months. We have never been able to secure sufficient out-of-town plaintiff may become discouraged and be willing to accept a judges to carry on our work. We have now 53 criminal cases ready for compromise. trial, besides prohibition cases, and we need one judge sitting ex­ There appears to be no opposition to the provision for the clusively for prohibition cases for next two months. There are 75 appointment of an additional circuit judge in the econd circuit. priwners in the Tombs awaiting trial, with no judge to try them, I submit for your con ideration a letter by Judge Learned Judge Henning being engaged in a case which will take four weeks, and Hand, of New York. The facts set forth in Judge Hand's I Judge Winslow being compelled to adjourn one week to catch up with letter and in the statement annexed to it should satisfy you that work piled upon his desk. I have never been able to secure sufficient there is an imperative need for an additional circuit judge in out-of-town judges since I have been in office, and if we secure three the second circuit. The letter is as follows : additional judges for this district the need for out-of-town judges JUDGE LEARNED I1AXD1S CHAMBEBS, will be just as great as 1t is to-day. The imperative need for three Bon. EllORY R. BucKNER. additional judges for this district is simply to fill the gap existing be­ DEAR SrR: In compliance with Mr. PERLllAN's request to you for tween the number of out-of-town judges we secure and the number of information about the relative work of the circuits, I inclose three judges required altogether. In other words, three additional judges copies of a tabulation made by the clerk of the circuit court of appeals for this district by no means :fill the judicial requirements of the dis­ from the records of the Attorney General for the :five years, 1921-1925, trict, but will assist the situation materially, providing continuous both inclusive. These show for each year the ca es pending at the campaign for out-of-town judges is kept up as it has been for past opening, those docketed during the year, those dispo ed of during the year. year, and those pending at the close of the year. The important item EMORY R. BUCKNER. is that showing the cases disposed of. A calculation from these shows 1\fr. O'CONNOR of New York. Wlll the gentleman yield? that the total of cases disposed of for :fi.~e years in each of the nine Mr. PEllLl\fAN. Yes. circuits is as follows: 1\.Ir. O'CONNOR of New York. Did the gentleman say there Fir t------3n4 were nine judges in the southern district of New York sitting at once? ~1c~dd::::_~::::~:::::_~:~~-:::::~~~~~~~~~~~~~~~~~~~~~:~~~ 1,7J~ Fourth------~------57~ Mr. PERLMAN. At times during last year there were nine Filth------1,025 judges sitting in the southern district of New York. Sixth------~------942 1\Ir. O'CONNOR of New York. And the record shows that Seventh------75a during that time theY. disposed of 29Q cases, whereas in the ~~~~.:-::::::::.::.::::::.=-~~-=--=--=--=--=--=--=--=--=--=-~::::.:-.:-:.:-.:-.:-.:-.:-:.:-:.:-:~= i: 6~~ /

1926- CONGRESSIONAL RECORD-HOUSE 10945 There are at present In the first circuit 3 judges; in the second, 4; You will see, therefore, that the judges of the second circuit now in the third, 3 ; in the fourth, 3 ; in the fifth, 3 ; in the sixth, 3 ; in take part in the disposal of two-thirds more cases than the average and the seventh, 4 ; in the eighth, 6; and in the ninth, 4. nearly a quarter more than the next highest circuit, the ixth. If three judges took part in the disposition of every case, each judge I have shown thls letter to Judge Rogers, and he assents to its would have taken part in the disposition of the following number of submission. cases in the year 1925 : Respectfully, LE.A.RXED HA.'\D, First------102 P. S.: In the foregoing I have not included Judge l\Iack. On the Second------330 abolition of the Commerce Court, of which he was a member, he was Third ------188 assigned by the chief justice to the seventh circuit and neither he nor Fourth------143 Fifth ______: ______~------241 any member of this court has ru1y knowledge of any change in that SixthSeventh ______· ------: ___ 124270 assignment. He has been for a number of years under a designation of. the chief justice sitting in the District Court of the Southern Dis­ :t!~~~-~.:------=-=------~----_-_-_-_-_-:_-_-:_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ ~l~ trict of New York from time to time and up to January 1 has occa­ sionally been asked to sit in the circuit court of appeals for the second Average------198 circuit. Why he is now accredited to the second circuit in the Feaeral In several of the circuits district judges are regularly called in to Reporter he does not know. assist, a practice which rarely occurs in the second. L. H.

Statement of business in the United States Circuit Courts of Appeals for the fiscal years 19tl-19t5 as shown by annual reports of Attorney Genaal

Circuits First Second Third Fourth Fifth Sixth Seventh l Eighth Ninth

1921 Pending at opening of fiscal year------~ --- 43 108 67 58 92 85 104 189 99 Docketed during year __ ------____ ------46 282 155 66 172 149 153 254 194 Disposed of during year------52 2.68 124 00 176 155 132 203 172 Pending at close of year------:------37 122 . 98 34 88 79 125 240 121

1922 ' Pending at opening of fiscal year------37 122 98 34 88 79 125 240 121 Docketed during year------57 378 165 113 171 150 156 252 179 Disposed of during year. ______------44 404 165 78 173 131 146 231 215 Pending at close of year __ ------50 96 98 69 86 98 135 261 ~ 1923 Pending at opening of fiscal year------50 96 98 69 86 98 135 261 85 Docketed during year __ ------_------73 333 137 118 231 214 144 292 162 Disposed of during year------79 322 122 139 203 194 17i 322 173 Pending at close of year------44 107 113 48 114 118 102 231 74 1924 Pending at opening of fiscal year------44 107 113 48 114 118 102 231 74 Docketed during year ____ ------·------125 484 148 143 243 255 149 359 225 77 441 158 124 232 192 133 310 231 ~~~~: a~f c~:e~~ ;:~ :=:=::::::::::::::::~:~::::::::::::::: :::::::::::::::: 92 150 103 67 125 181 118 280 68 1925 Pending at opening of fiscal year------92 150 103 67 125 181 118 280 68 Docketed during year ___ ------101 419 179 126 221 219 156 381 354 Disposed of during year------102 441 188 143 241 270 165 339 286 Pending at close of year_------·------91 128 94 50 105 130 109 322 136 ' The CHAIRMAN. The time of the gentleman from New ant is guilty, and those cases could be tried sometimes on a York has again expired. simple charge in a State comt in half an hour. 1\Ir. O'CONNOR of New York. Mr. Chairman, I yield five Mr. PEllLl\IAN. l\fr. Chairman, will the gentleman yield? minutes to the gentleman from New York [1\lr. BLACK]. Mr. BLACK of New York. Yes. Mr. BLACK of New York. Mr. Chairman and gentlemen of Mr. PERLMAN. In New York State, since \l"e ha\e no State the committee, I had rather hoped that the Rules Committee of enforcement act, can you transfer to the State court any viola­ this House, if it had in mind doing something for the people of tion of the Volstead law? ·New York, and that the leadership of this House, if it had that Mr. BLACK of New York. No; of course not. also in mind, would have brought in something concerning coal. Mr. O'CONNOR Of New York. Mr. Chairman, will the Most of the citizens of New York are more interested in that gentleman permit me to answer that? If you did not haYe your just now than in anything else. Five months ago I asked the double jeopardy we would haYe kept it, but because of the leader of the majority whether we would have coal legislation dduble jeopardy we would not take it. by July 4. He rather hoped that we would, so I am still Mr. PERL1\1AN. I may say to the gentleman that the· 4,000 inclined to think that probably he will live up to his prophecy. indictments I talked about were informations nnd indictments The fundamental difficulty with the whole Federal jurisdic· separate, and not the number of defendants. The number of tion is its archaic procedure, and there is no use trying con· defendants involved is much larger ; but can you transfer to tinually to adjust Federal problems in the Federal courts in the State courts patent and maritime cases? this patchy manner, by adding judges here and district attor­ Mr. BLACK of New York. Of course not, but I do not neys there. You have got to get at the root of this trouble, just purpose to mak~ a survey here of what you can or. can not do. as the chairman of the Judiciary Committee said. About six I have asked the Cm;_n.mittee on the Judiciary to report a resolu­ months ago I introduced a resolution, which was referred to tion calling on those who know all about this to get together the Committee on the Judiciary, calling for a conference in the and find out what they <'an do. Suppose you do try a whole city of Washington under the Attorney General of all of the lot more men and convict them of certain crimes, TI"here are you prosecuting officers of the country, State and Federal, to see going to send them? The prisons are overcrowded now. That how we could get cooperation, having in mind the fact that is a fundamental question that you ought to take care of there is so much joint as well as conflicting jurisdiction now, which is a far more human thing to do in the interest of that a great number of cases are being tried in the Federal the American people. courts that could be tried in the State courts. As yet the Com· There is another thing about the southern district of New mittee on the Judiciary has not reported that resolution. York. In spite of the fact that you have additional judges Another trouble with Federal cases is this: The gentleman there and cut down the number of cases-and I want to say from New York [Mr. PERLMAN] in his splendid speech said that that the judges have done well in the southern district of there are about 4,000 indictments pending in the southern dis· New York-the United States Government itself has increased b.'ict of New York. I do not know whether those are blanket the number of cases to which it is a party. The United States indictments, or whether he means they are indictments against Government is a party to 4,600 cases in New York. What is 4,000 different defendants, but in Federal cases the Federal the matter with the United States? Why can it not get rid of district attorneys will some times indict 100 men on 55 counts, the cases to which it is a party in New York State by reason­ and then try a case for about two months expecting a jury of able compromises? Why did it not bring them somewhere else 12 men to find on which of these counts each different defe~d· where there is not so much congestion? In the new im~oms LXVII-689 " .

10946 CONGRESSIONAL RECORD-HOUSE JUNE 8 tn.x law we provided for a Board of Tax Appeals, and that will their time and attention. Why should they not be compelled to take care of a very great deal of work. We are providing · go to the places wllere they are needed, where the docket is Federal board after Federal board, and that ought to do away congested? with 11 great de-al of this work. This bill might be called the judicial " pork barrel." In l\Ir. PERLl\1AN. In cases where the Government is a party, order to get three judges for the southern district of New York doe not the gentleman realize that the action must be com­ you give one for the northern and one for the western districts menced by the Government in the district where the defendant of New York, one to Connecticut, twO' to Pennsylvania, one to Maryland, one to Georgia, one to Michigan. Of course, the resides? votes of Michigan) Maryland, Georgia, Connecticut, and Penn­ Mr. BLACK of New York. Yes; but in your war-fraud cases you got an amendment through tbat the action could be com­ sylvania, aiong with all the votes of all the regulars, is suf­ menced in the district wh-ere any one of the defendants resides. ficient to give you the five new judges for New York State. It is a case of. "you scratch my back and I'll scratch yours." '11le CHAIRMAN. The t.lme of the gentleman from Ne:w Mr. SCHAFER. Will the gentleman yield for a question? York has expired. l\Ir. CELLER. I will yield for a question. 1\lr. O'CONNOR of New York. .Mr. Chairman, I yield five Mr. SCHAFER. What truth is there in the rumor that the minutes to the gentle~um from New York [Mr. CnLER]. Tammany Members do not want these judges because they can Mr. CELLER. Mr. Chairman, I ask unanimous consent to not dictate who is to be appointed to fill some of the vacancies. extend my remarks in the RECOP.D. I have heard Tammany men asking for additional judges at The CHAIRMAN. Is there objection? previous sessions of Congre s. There was no objection. Mr. CELLER. I can not answer the vagaries that operate Mr. CELLER. Mr. Chairman and gentlemen of the com­ in the gentleman's mind. mittee, I wa very much struck with the remarks of my col­ Tlle SPEAKER vro tempore. The time of the gentleman has league, l\1r. PERLMAN, from Ne:w York, when he spoke of the expired. condition of the criminal docket in the Federal Court of the Mr. O'CONNOR of New York. I yield the gentleman five Southern District of New York. He, like many others, argues additional minutes. that the prohibition laws are totally responsible for the :flood of Mr. PERLMAN. Will the gentleman yield? cnses (a :fi.ood by no means pro\en, as we shall see) in the 1\fr. CELLER. In a moment. There was taken away from Federal court . Mr. Chief Justice Taft, in the hearings before the justices of the New York State Supreme Court-and you the Committee on the Judiciary on the bill which was defeated gentlemen should know something about this-from the State in the Chamber two year ago, said : courts and from the county clerks of Kings County and New · I am told that th~ \olstead Act only adds about 8 per cent to the York Oounty, the jurisidiction to naturalize citizens. Now it business of the courts. You gentlemen are all familiar with the fact takes one judge in the southern district a whole day every week that dockets are quite misleading in tbe number of cases that they seem to take care of the naturalization court. Now it would be a great to show. There is a lot of stuffing in the docket. Many of the cases relief to place the jurisdiction of naturalization where it for­ ()Ught to be dismissed. merly existed-in the county clerks' hands and in the State courts. But for political purposes you have taken away from Thus Judge Taft does away with mo t of the thunder of the the State courts all naturalization powers and put it where it proponents of this bill who poiJ:!t to swollen dockets. does not belong and where you say there is the most work. I V"enture the us ertion that more than half of the ca es on Yon Republk.a.ns, upon the advice of the Republican leaders the criminal docket in the southern district of New York should of New York, refuse to appropriate moneys to allow county never have been brought on to that docket in the first place and clerks, elected by the people of New York, to aid in the natural· should be dismi ~ ·ed. As a practicing attorney in New York ization of the residents of New York. You did this simply State and in that very court, I lillow of many cases that have becau e the county clerks were Democrats. You placed the been on the docket •for several years, but when you go to the work in the hands of professional Republicans who hold Fed­ southern district attorney and his staff of young assistants and el'al offices and piled more work upon Federal judges. You say to him or his assistants that these cases ought to be dis­ gave these judges more work when there was no need for that missed for lack of prosecution, nolle pr6S ed, as the technical course. Then you ask for more judges. You seek to profit aying is, they will invariably tell you that they can not take by your own wrong. You have the means at hn.nd to relieve arty action upon the matter and that the cases must remain on considerable of the congestion in the New York Federal courts. the docket to be di posed of in its order or appropriate motion Allow the State courts to be repossessed of naturalization must be m-ade to the judge presiding in the criminal part. If jurisdiction by making proper appropriations. You will not these criminal cases were fine combed more than half would be do that. That would take away your best argument for this found to be untriable due to lack of evidence, inability to pro· bill. duce witnesse , '81ld loss of necessary documents. I personally N'Ow I call attention to the fact in this very report submitted know of one case where the entire folder has been lost. It with this bill that there are some very significant facts in included the entire ca e, the in-dictment, the names of wit­ relation to this alleged overcrowded docket. If you will rnn ne ses, testimony before the commissioner. The ease is almost along the line in respect to the number of various kinds of four years old. I could not get the case eli missed. It was a cases in the southern district court of New York you will find liquor case. That is why, probably, it was not di missed upon that there is not an increasing number of cases but, on the motion of the di trict attorney for inability to prosecute. contrary, that the cases are gradually decreasing, and these Whenever a ilquor case is inv'Olved eve1'yone in that office gets very dockets that we hear so mnch about are decreasing in an attack of fear---'a fear that causes nothing to be done either number. In fact, the number of cases of all kinds in three one way or the other. years has decreased 50 per cent, yet you ask for a 50 per cent Now, there seems to be a studied purpose to keep these cases increase of judges from the present six to nine. Now, for a eople in that part of the That explains the reduction in arrears, to which 1'i.ttention State. Furtherm"Ol·e, practically all of the FederaL basiness­ h11s been call~d, that it has only been made possible by the originates in the northern part of the State. The customs· assignment to this district of judges from outside. ca es, the immigration eases, and the Volstead Act cases prac­ But it is perfectly evident that no real remedy will be a~Q:dei.\ of tically all originate up there, and as a result. a great manS' except by increasing the number of district judges in that circuit. tbo.·e cases are settl~d by the eollector of customs and other officials for a mere :nom.in:ll amount, for the simple reason that 111ind you, these ue the senior Federal judges speaking. it is practically impossible to get them to a Federal court and After a full consideration of the information, statistical n.nd otoor, a prompt trial of the cases. A great many eases, where the we are convinced that the only solution is that one new district judge punishment should be imprisonment and a large fine besides, be provided :In the western di trict of New York, three in the southera are now settled. for th~ oominal amount of $25, $50, arrd $100, district of New York, and one in the district of Connecticut. because the collector of customs says it i practically impos ible So much from the standpoint of the judges. Now, from ths to hold the witnes es from one to two years .. which is the length standpoint of the business community. Possibly it may be of time that would be necessary before they could bring the admitted that the l\ferchantsr Association of New York may cases fnto a Federal court. and. as a. matter of fact, we are­ speak with some authority fol' the business and commercial losing- the money we should l'la ve for the support of the Fed­ interests of the city of New York, and this is what they say in eral Government by not furnis!llng the neces a.ry machinery to their communi-cation of' April 5, 1926, to the chairman of the collect these fines. Judiciary Committee-! am reading from page 51 of the hear­ I have numerous letters from lawyers in every part of the ings and quoting from the resolution of that association: district and from chambers of commerce and busine s. men, all demanding that the Federal Government furnish reasonable Resolved, That in view of the volume of busin~ss, both criminal and machinery to carry out and enforce the laws. civil, before- the United States ccnrts fol! the southern district of New Something has been said about the condition. of the calendar York, for the expeditious awl eft'eetlve handling of which the present in these various places. The population of our district is some­ number of judges is inad.equate, the number of such judges in the southern district o:f New York should be increased by at least four. thing over 2,000,000. There were co~enced dUl'ing the last year 2,372. ca ·es; there were 1,9J:8 cases terminated; there were l wiU say to the members of the committee, and especially 1,872 convictions; and there were pending at the end of the to my colleague hom New Yo-rk [.Mr. O'CoNNo:s], who is a year of cases in which the United States Government was inter­ serious lawyer, and should be fmniliar with the conditions ested some riling· over 1~00 . There was collected in. fines. in that there, that there can be no question hew the bar stands on this one district alone $457,881,. practically twice as much as in any mattel"'. The assumption has been that, of conr e, if there was other district in the United States~ to be any inQrease of Federal j"adges, there should be an in· Up to December, 1924, \V"e had two iudges ; but the original crease in the southern district of New York of at least three. judge died and· there was no provisfon for appointing his. suc­ lUr. PERLMAN. "\V:tll the gentleman yield fOT one question 1 cessor. While fie was not in the best of health up to that Mr. W AINWRIGRT. Yes. time, he was able to go to his. office and he performed a great. Mr. PERLlUAN. Does the gentleman know that the gentle­ deal of the routine business of the disb:ict and was- of a great man fr0m New York [l\111•. WEI.LER], one of tbe Democratic deal of assistance ; but at. the present time one judge has to memb~rs of tile Committee· on the Judfciary, at this session do it alL I will say for him-although he. is not gf my own introduced BJ m providing four additional judges for the political party-tllat he fs one of the best Federal iudges in the southern dlstriet of New York? United States. There is no judge who has more energy and Mr. WAINWRIGHT. I am not predi~ating what I have to who wonts- harder than that one man, but he iS being over­ say on any bills or lJl)On any statements made here, but on the worked at the present time, and the only complaint that any delib~rate decla:ration of the judges, on the action o-f the bar man can make again-st him is that he is trying to do so much association, and the statements- of those whom I believe may be that he is not giving as efficient service as he, did before. said to fairly voice the views and the wi:shes of the business [Applause. J community in the so.u.thern district of New York, which, as- you The C:Ef.A.IR:\fL'I. The time of the gentleman. from New are a\~are. includes the Borough of Manllattan and the greater York lias expired. part of the gl!eat city o1! New York. fApplau e.] · Mr. GRAII.A..:\1. Mr. Chairman, I yi'eld fiTe minutes to the ~fr. GRAHAM. Mr. Chairman, 1 yield five- minutes to the gentleman from New York [Mr. W.AI~nvru:GHT]. gentleman from New Yerk [Ur. !YfiLLs]. Mr. W.A.INWRIGHT. Mr. Chairman. and gentlemen of the Mr. MILLS\ Mr. Cha:i:rm-an and gentlemen of the committee, committee, I would not take the floor on this bill except that I do not know that I shall take the full five minutes, nnd I some question has been raised as to the need of additional have no doubt the House will be relieved' to hear that this is jud..,.es in the southern district of New York. I have been probably the last Member from New York they will listen to practicing law off and on in that district for the last 40 years, on our side. This is not just a New York controver y. Other and belie-v-e I am fairly familiar with the sentiment of the bar. districts are interested, and the bill is simply based on the I say without any quaillication that the sentiment of the bar o1· sound principle that it is our- duty to furnish adequate judicial that part of if that hR\e relation to tlle Federal court is that machinery for the administration of justice. there should be an increase of judges. In so far a~ the southern district of New York is concerned, Since this bill bas been under discussion I have put the thene should be no politics in the question whatsoever. Every question OTer the telephone to a prominent admiralty lawyer one of the bar associations has ind<'>Tsed thls proposition that in the city of New York, one who l:J.a as much occasion to go a-dditional Ju-dges are needed-the New York County Bar As o­ into and u e the processes of the Federal courts as any, and ciation, the city bar association, and our State bar as ocia­ asked him what was his judgment as to the need for additional tion. Tn so far as I know, it is indor ed by every judge; and judges in that district, and he replied, without hesitation, while I can not speak for all of the lawyers, I can speak for • "They ought to be increased by !lt least six." ~ of the lawyers I know, and I have yet to meet a lawyer l92G CONGRESSIONAL REOORD-R01JSE ::1_0949 iWho does not say M; Is urgent and :nece sary that the number ruptey proceedlngs. The increase 1s, JleThaps, ,better shown on rtn.te­ of Federal judges in ,the .southern district be increased. tituted ~59 ordinary civil cases between ptivate litigants; .so that W.hen you have a situation where .there are over 6,000 crimi­ .the rate of growth in our district court has been much greater in th~ nal cases pending which can not be reached for trial · when on ordinary c.iovll busine.ss than it has been eitbe.r in the civil business to your law and equity side, it takes .anywher.e from ;ear a which the United States is a party, o.r in the criminal business of the .a a~d courts. · half to over two years for a case to be reached for trial · when every bar association, e-v.ery judge, and every lawyer sa;s that During the present fiscal year I -should .add ttat the couJ:t .has be~.u additional judges are needed; when the Judiciary Committee taken U,ll almost .en.tirel_y :with civil business; so much so that we have of this House so reports, .a report in which the Democratic had just 10 days ,since the 1st of July, 1925, for the dispatch of the member from New .York City joins, what r .easonable argument ' ordinary national .prohibition cases. So it i.s not the Volstead cases can be advanced against the fairness of such a m.e.asure as this? which are clogging the docket at Baltimore. [Applause.] I should say, however, that ·during that fiscal year our record for Mr. GRAHA...\1. 1\fr. Chairman, .I yield five minutes to the co.nvlctions under the natiQIUll prohibitie.n act was .the ..highest in the gentleman from Maryland IMr. Hn.L]. · seco11d division of .the judicial clistnict, in which Maryland is .placed by Mr. HILL of Maryland. Mr. Chairman and gentleman of the . the Department oi Ju-stice, running 1,113. .committee, the entire State of Maryland comprises one Federal ' I may conclude by saying thi , that so far as the ordinary criminal rcases are concerned, if we ha.d a judge .available to _try these ca es, we judicial district. 'l'he court -sits .Principally in Baltimore city 1 ,but it holds periodical sessions in .Cumberland, which is 1n .tb~ 1 would hardly have to try any of them. T.he -reason that the .cases do extreme western part of the State, and by an act of Co_ngress pile up is the .thought upo.n the part of the defendants thn.t a delay of some kind will work to advantage; so the granting of an additional passed in .tbe .SixtY-eighth Congress it also holds periodical ' judge will in a ..sense even decrease the amount of wcrk that that judge . sessions in Denton, which is on the Eastem Shore of Maryland ; in acro~the~~ , will have to do. I know that the sentiment is overwhelming Ma:ry­ land for this judge. I think sentiment js overwhelming .ili Maryland There is no question about the need of an additienal judge for the enforcement of the national prohibition act. There may be for Maryland. This need has existed and has been recognized some doubt aboQt that _proposition, but there certa~y is not any doubt for a number of years. As a matter of fact, foTmerly had w-e as to the desirability of an additional judge to relie-ve the civil con­ two j11dges in Maryland and th.eir time was entirely -~ccupied . .gestion of the district com·t. Mr. O'CONNOR of New York. Will the ge.ntleman yield? Mr. HILL. Colonel Woodcock, have you anything that you wish to Mr. HILL of Maryland. I can not yield at this moment .but ' file with the committee·? I will yield rt:o :the gentleman later. • : ..Mr . WooococK. No; what I have here is not in the form of a state­ .F1·om 1910 to 1013 or 1914 we -had two judges in Maryland. ! J udge Rose, the present circuit 3udge, was appointed distr.ict · ment. Mr. HILL. lli. Ch:llrman, I shall not trespass upon the courtesy o! judge to succeed Judge Morris, but Judge MorrJ.s tried cases the committee very long. 'We lmve th~ee two-minute speeches, if the ·and tried -very important -ca es until ·his death. The of · w01~k committee will perm1t. I would like io have you bear Mr. George the courts bas .increased since that time. Weems Williams, of the Baltimore bar, Mr. Charles McHenry Howard, anil I shall ask leave to dncorpor.ate in my remarks at this point Mr. Jesse N. Bowen, and they will give you a list of those Who are here. a 'Statement that the .Attorn8".Y G{meral xecently made to the Also, there are present Representatives LINTHICUM, GOLD&BOROUGH, chairman of the Judiciary Committee under date of A.Pril 7 and TYDINGS ; but the only -three witnesses I ask to be heard, literally 1926, in reference to the situation in the district Maryland' oi for only two minutes apiece, R're Mr. Williams, Mr. Howa-rd, and 1\lr. as follows : ' Bowen, because I know this committee has a great deal of booinese .As to the district of Maryland, statement -c shows that on June 30 'to han

Samuel K. Bennis, former vi~ president and f~.nmer United· States of th:e Honse. When. we pass 1t he.ce, its final passage in the attorney. Senate is eerta1:I4 sinee Senato.r B&ucE ha,s alTeady passed a Ron. JOIL'Il PHILIP HrLL. bill there similar t0 the above. [Applause.] Ron. J. CHARJ;.I!JS Lr~:rnrcuM. :Mr. O'CONNOR of New York. Mr. Ch3Ji:crnan, I yield five Hon. T. ALAN Gor..nsBonouGH. , minutes to the gentleman from New York [::\lr. GRIFFIN]. Mr. George J. Clantice, pr~sident Baltl.more Credit 1\fen's Association. Mr. GRIE'FIN. Mr. Chairman and gentlemen, this bill is astutely prepared. We bad a rivers and har-bms bill presented There is ~eat n.eed of an extra judge in lfa-ryimrd. 1. intro- to the House the otber day, and it received just criticism duced a bill in the Sixty-seventh Congress a:nd aloo m the because it was so framed as to dangle a little bait before e\ery SiJ..-ty,eighth Congress, and it was reporte~ favorably in the State in the Union. Every section of the eO'Ulltry was treated Six-ty-eighth Congress. That l?lli has been mcorporated in the to .a little river or harbor edification. Now, this bill is some­ pre ent bilL There is no politic in the ordina:ry sense in th1s what similar. It fine combs the whole country in order to get bill. It is upported by both Denwcrats and Republicans. Th.ey an excuse to obtain a few additional judg-es as patronage. nave botfi fought for it. 'I'hat is all there is to this bill-a pure IDlltter of patronage. l haw ah·ea,dy asked tbat in the event that the bill passes With the keen insight of politicians preparing a bill of thiB tha.t the Baltimore Bar Association and the Ma:ryiand Bar character they put into the hill provision for appointment of Association may jointly make recommendations, regardless 'Of one or two judges where they are actually necessary in order polities of a judge to be recommended to fill these positions. to get support fo.r those that are not necessary. Here' is a letter I wrote to the president of the Baltimore Bar Take our friend fuom Maryland, :Mr. HILL, for instance; he Association: shows a meritorious case, in my opinion, for the appointment of MAY 7, 1926. a new j:udge. I ask you to look at Table 0, annexed to the JESSE N. BOWEN, Esq., committee report, and in the third and fourth columns you wiii President Bar A.ssocintwn of B-altimore City, find this summary: CitiZens 1.-ationaJ Bank Buildir1JJ Bal'timure, Mel. In Maryland there were pending June 30, 1V24, where the DEAR · Mn. BowE~: I am writing to you as president ot the Bar United States is a party, 189 cases. Then we note that there Association of Baltimore City to request that you appoint a committee, were pending June 30, 1925, 280 cases. So there we find an to act with a similar committee to be appointed by the Maryland· State accumulation of business as a warrant for an additional judge. B.ar .As;;ociatlon for the .Pttrp:ose of making a recommendation to the We rea-d on: Presie, and confession of political logrolling ever presented to this House. be iB bereb:r, nuthodzed and directed, by and with tbe advice and It shows that in the northern district of :Kew York there is consent of the Saniite, to ap~oint an additional judge of the distrkt a net accumulation in the past year of pending cases of 617, court of the United States for the district of M.lu'yla11d, who shall and they get an additional judge. reside in said distdct, and whose compensation, duties, an

Oomparison of pending cases June ~0, 1924, with June so, 19~5 (Gets 1 judge under this bill)

[From Exhibit C of Juuiciary Committee's report on this bill] giyil_(Uptted States a party)_____ 65 62 ______3 ------245 5 cf=J::~3Statesno-fa--a~C-: ~~ .5 ------Cases pending Bankruptcy 949 1, ----io.i- :::::::: :::::::: cases------~---:~- ~~ 1 -----~- In­ De- Net in- Net de TotaL ______!==------! 159 68 91 ~ June June crease crease crease crease 30, 1924 30, 1925 CALIFOR}.U, SOUTirERN DISTRICT ------·r---r------(Gets 1 judge under this bill) NORTHERN DISTRICT OF NEW YORK Ca:;es. (United States a party)____ 154 158 • ------Cnmmal cases______1,076 921 155 ------(Gets 1 judge under this bill) Civil (United States not a party). 565 640 -----75------·-- Bankrutcy cases ___ ------1, 067 1, 286 219 ------Civil (United States a party)____ 210 214 4 ------1---- Criminal cases______780 1, 204 524 ------Total ___ ------1 298 155 143 ------Civil (United States not a party)- 956 981 25 ------Bankruptcy cases______984 1, 048 64 ------Mr. WEFALD. Mr. Chairman, will the gentleman yield? Totals------====617--o-j617!== Mr. GRIFFIN. Yes. i= • WESTERN DISTRICT Ol' NEW 1\!r. WEF ALD. As I understand it, this bill provides for the YORK appointment of 11 additional judges. Mr. GRIFFIN. Twelve disti·ict judges, scattered all over (Gets 1ludge under this bill) the United States. Civil (United States a party)_____ 234 34.1 107 ~ ------1\Ir. WEFALD. Does not the gentleman think that there Criminal cases_------812 1, 480 668 will be 12 lame ducks after the next election who ought to be taken care of? : ======~~~~x%c~~~t-~-~~-t-~_t:~~~:~: : ~ -----~~- ====i~= 1\Ir. GRIFFIN. I do not know. Total------______!______, 826 1 ~ 3971------==·= = ·= Mr. WEFALD. Does he not hope so? SOUTHERN DISTRICT OF NEW Mr. GRIFFIN. Oh, I do not want to be hard upon the YORK gentlemen. (Gets 3 judges under this bill) LET STATE COURTS HL'f 1925, and many of the local .bar o- c · ii_ 10 1o6 95 140 192 259 236 209 c: tmiliaL:·::::::::::::::~::: l19 133 224 319 389 •98 515 623 ciations in South Carolina have indorsed -my efforts to -try and get some llankruptcy______342 32 313 421 662 745 611 3&0 relief. At this time there nr€ five places fo-r the holding of court in ----1---I- --1--- the western district and four places in the eastern district. Should we Total______531 567 632 880 1• 243 1• 502 1• 362 1• 212 have an additional judge, the situation wouHI be greatly relieved, Commenced: although, of course, it would not be as eatisfuctory in every respect as ·Civil______85 113 1M J.39 2.23 j]----231 170 183 an addij:ional district. CriminaL______507 560 457 532 489 680 501 562 The statistical data as to the business in the western district of 18 135 326 221 155 179 llankruptcy______37 23 South Carol.ina will be ·presented to the committee as ·soon as it is Tota.l ______li29 G95 559 1 806 1,038 1,0321---s2'6m pro}lerly a:rranged.

'I'grr£~:::.=::~==~=~=== ~ j ~~ : . Ji ill k~ !~ ~~ m~~e CHAIRMAN. The Clerk will read the bill for amend- 43 3 Bankruptcy______66 37 33 27 85 138 289 410 The Clerk read as follf California, 1. Ended during same perlOd------­ 454 Pending July 1, 1925------623 MT. LI!\"'THIOUl\1. Mr. Ohairm:an, 1 move to strike out the Civil cases (law, equity, and admiralty) : Pending July 1, 1924------236 last word. 'Bogun during iiscal yea~ July 1, Hl25 ______183 The OHAIRMAN. The Olerk will fir-st report the committee Ended during same pemo:a p~b~e~~y-i~-192~======ti on : ~§8 mittee amendment. Pending July 1, 1924------­ 56 The committee amendment was agreed to. 'Begnn during fi scal yeaT July 1, 1925------­ 41 Ended during same period------­ 51 l\1r. GRAHAM. Mr. Chairman, there is another committee P E> ndin~ July 1, 1925------52 amendment there. Rccnpreitnuldatinaion July : . '1, 1924 ______1,418 The CHAIRMAN. The Clerk will report it. HPgun ftscru. yen:r. ending June 30, J.925------'971 The Clerk read as follows: Ended snme pe;:1o;w York: rage 1, line 9, 11ts way clea:r to recommend the creation of an additional illstrict. after the word " one," sttike out the words " for the {gOUthern district 'Your letter did not ca1l for -any further expression from me ·upon of New York, three." the -5Ubj-ect, but In view of conditions in this district, 1 am taking Mr. O'C01\1NOR of New York. Mr. Chairman and gentleman the liberty of making the suggestion to 'YOU that the -5ituation might of the committee, this amendment eliminates the proposeu in­ lbe relie"\!"ed by the creation of an alloitional judge, -either for the crease of three district judges for the southern district of New 'Whole State, or, if thnt should not be deemed atlvisable, an additional York. e advisable to create new aistriets. everybody for

Mr. o~CONNOR of New Yoxk. The gentleman asked that This session of Congr.ess should also pass 1egislati-on having question before, and he asks it again and undoubtedly for the for its parpose an increase in salary for the Federal judges. purpqse of emphasis ; I have no such knowledge, but I accept The American people do not want Federal judges to be entan­ the statement, becau e my colleague states it as a fact. It has gled with I>rivate enterprises, directly or indir-ectly, and the no binding effect on m~. however. )Vhen ,YOU have a lawyer to present salary -of our Federal judiciary is manifestly inade­ deal with such questions you are bad enough oft', but when you quate. put him on the Committee on the Judiciary he sees things Our colleague, Congressman WELLER, introa.ueed a bill provid­ politic with only one eye dhtected toward the judiciary. It ing for fonr additi-onal judges for the seuthern district of N~w become a fetish with him. He discourses .at .great length At York. It ce-rtainly seems strange that the Democratic Members the all-important part tile courts of justice .Play in our sy.stem from New York State Should o-ppose this bill Which provides for of government? Why, gentlemen, OUF country is so great that only three judges for the very same district. 1 haye followed ju. tice will triumph without courts-yes; in spite of them. Congressman WELLER on a number of matters, and I llav.e great We have heanl a lot ,of talk about "conditions in the south­ respect for Congressman WE'LiiER's ability and integrity. I do ern district of New York." Why, gentlemen, conditions in the not think Congressman WELLER would introduce a bill to pro­ southern district of New York are geographical. They exist in vide for additional judges if the additional judges were iWt every court located there. We have had experience along this needed. line in our State courts. A few years ago we provided for 10 1 alse have the highest respect for Congressman LAGUARDIA, additional judges in order to catch up with the calendar, but of New York, and I know if there was any pork in thjs bill, we soon fonnd there was no possibility of catching up. Then and if these additional judges were not needed, Congressman three years later we provided for six more judges, without LAGUARDIA would not stand on the floor of the House and making any headway toward rednc4tg the .number of cas~s. adv~cate its passage. Congressman LAGUARDIA never supports You can appoint as many additional judges as the peopl~ will pork~barrel legislation. He is one of the be t fdends of the appropriate money for and still neyer catch up, b.ecause it 1s ~e common people in this House, and consistently opposes reac­ condition of business in the community that brmgs about this tionary, special-privilege, :.tnd pork-barrel legislation. I lm1lw congestion. that the great majorUy of our Democratic friends .are going to l\Ir. SNELL. Will the gentleman yield? follow Tammany a.nd oppose this necessary legislation just Mr. O'CONNOR of New York. Yes. because those high in Tammany Hall will .not have an oppor­ Mr. SNELL. Can the gentleman name one responsible law­ tunity to say who shall be a.Ppointed judges when the new yer or one organization in the city of New York that is opposed judicial positions are created. [ApplaURe.] to these additional judges? The CHAIRMAN. The time of the .gentleman from Wiscon­ Mr. O'COl\'1\0R of ~ew York. No; becaus as soon as you sin has expired. talk about additional judges the average lawyer is for them, Mr. LINTHICUM. Mr. Ohair.man, I move to strike out the beca u e be sees himself as a possible candidate for the judge- last word. I am not familiar with what otber districts require ship. . and what ·other States reguire, but I do Jrnow that in Baltimore Mr. SNELL. Can the gentleman name one taxpayer that 1B city, in our district, we need another judge very badly iin.deed. opposed to the creation .of these additional judges? . Baltimore .city alone has increased from 519,000 in 1902 to Mr. PERLMAN. Or will the gentleman name an assoCiation 808,841 in 1926, and the State as a whole in proportioo thereto. of merchants that is opposed to it? In 1922 there were 1,043 cases and in 1925 th.e number had Mr. O'CONNOR of New Yorlr. You can take a nucleus of increased to 2,847, not including 437 bankruptcy cases pending. men and say they repre ent so many people, but the ge~tleman In 1922, 1,033 cases were disposed of and in 1925, 1,859. That knows from his legislative experience what propaganda IS. We shows just how hard .this judge has been working to dispose of can charter a car and put 50 people on it, bring them down to 1,859 cases. There is little difference between the number of Washington, and they will say they speak fo~ 10,000,000 I>e?Ple, criminal and civil cases. The criminal cases constitute about and you can take your six members composing the committee 70 per cent. To show just how hard working a judge we have in of the bat· association and .say the S!lme thing, but that does Judge Morris A. Soper, I want to mak~ a comparison with the not mean that .committee speaks the sentiment of eyery member general average of cases terminated throughout the U.nited l of the bar. States. In 1922 the average number of cases terminated :per l\1r. WAINWRIGHT. Wi1l the gentleman yield? district judge in the United States was 770. In 1925 It was Mr O'CONNOR of New York. Yes. 1,042. While in our district in Maryland the judge in 1922 ~1r: WAINWRIGHT. There are six Federal judges in the disposed of 1,033 cases and in 1925, 1,839. In other words, he southern distriet of New York to-day? disposed 1n 1925 of almost "800 more cases in the district court l\Ir. O'CONNOR of New York. Y.es. of our -state than the general average throughout the country. Mr. wAI~"'WRIGHT. Will the gentleman go so far as to Our bill for Maryland is supported by the Chief Justice of say that it has not been necessary to assign 12 additional Fed­ the United States, the .Judicial Council of the United States, the eral judges to the southern f New York dru·ing the Attorney General, the late senior circuit judge of the fourth last two years? circuit, Judge John C. Rose, District Judge Morris A. Soper, Mr. O'CONNOR of New York. Well, that 12, I imagine, District Attorney ·Woodcock, and ;fhe executive committee of the would represent about 3 at a time. I will tell you the ~nly Maryland State Bar As oc.i.ation. Our bar association is in fa:vor way you can relieve congestion in the courts, and that is by of an adoi:tional judge for our district regardless of .any political speeding up the procedure and trial of cases. a.fiilin.tions. (A-pplau.se.] We r.eeognize taat the judge can not Mr. WAINWRIGHT. I am sm·e the gentleman, knowing the keep up with the work. The truth is we would like to have Federal judiciary in New Y1lrk, would not imply that those the e cases disposed of as rapidly as pos ible, and while we six Federal judges are not ha1.'d-wor1...'ing men? have an untiring -and .hard-working judge we want to give the l\1r. O'CO~"'NOR of New York. Well, it is just atmospheric. judges a chance to think as well as to ayes 40, nses 92. ~at. So the amendment was rejected. Mr. O'COl\~OR of New York. I may be, but I do know they Mr. O'-CONNOR of New York. Mr. Chairman, I offer -an open at 10.30 o'clock. amendment. The CHAIRMAN. The time of the gentleman from N-ew The CHAIRMAN. The ge-ntleman fi.·om New York offers an York has expired. amendment, which the Clerk will report. · Mr. SCIIAFER. Mr. Chairm~ I rise in oppoSition to the The Clerk read as follows: amendment. l\Ir. Chairman and members of the committee, I Amendment offered by Mr. C>'C{)NNOR of New York; On page 1, line am opposed to so-called pork legislation, but I do not think the bill now before us has any semblance of pork whatever. 10, strike out "three" and irulert "two." It seems peculiar that the cry' of ];)Ork against this worthy :Mr. O'CO:r..TNOR of New York. 1\Ir. Chairman, I believe when measure should come from our good friends from New York, every other district in the country whlch is provided for in who practically en b1oc supported a real _pork bill, the rrvexs this bill only gets one judge, ~nd when there have .been no and harbors bill. It is .absolutely necessary that we provide grounds furnished this House why New Y{)rk should, in effect, for three additional judges, o that the people of these distrids get four additional judges-because New York gets three dis­ can have an opportunity to have their day in court without any trict juclges and one on the cireuit court of appeals-my amend­ extraordinary delay~ plent should prevail. , 10958 CONGRESSIONAL RECORD-HOUSE JUNE 8 This opposition has been led by men who live in the southern Kincheloe Morrow Ragon Taylor, W.Va. Lanham Nelson, Mo. Rainey Tllomas district, and we -are entitled to have it taken for granted we Little Norton Rankin ndenvood know what we are talking about when we say there :ls no need Lowrey O'Connell, R. I. Rayburn Upshaw in the southern di trict, where we live, for additional judges. Lozier O'Connor, La. Homjue Vinson, Ga.· McClintic O'Connor, N.Y. Rubey Vin on, Ky. We are not opposed to the distinguished gentleman from the McDuffie Oldfield Sanders, Tex. Warren northern district [l\lr. SNELL] having his Republican judge to McKeown Oliver, Ala, Sandlin Whitehead offset the Democratic judge who is up there now and, of course, McSweeney Parks Shallenber~er Whittin~on Martin, La. Peery Somers, N.Y. Wilson, La. to divide the patronage. . Nor are we concerned with the pro­ Milligan Pou Steagall Wingo JlOSal for an additional judge for the western district. We do Moore, Ky. Prall Stedman Woodrum not live there; we live in the southern district, and it is with Moore, Va. Quayle Swank Wright great pride we point across the corridor to that other body Morehead Quin Taylor, Colo. which practices the ancient and honorable legislative com·tesy NAYS-20 of letting Members of Congress' speak for their own districts in Ackerman Douglass Jenkins Rutherford these rna tters. Adkins Dowell Johnson, Ill. Sanders, N.Y. Aldrich Dyer Johnson, S.Dak. Schafer The CHAIRMAN. The question is on the amendment offered Allen Elliott Kahn Schneider by the gentleman from New York [Mr. O'CoNNOR). Andresen Ellis Kiefner Seger The question was taken ; and on a division (demanded by Andrew Esterly Knut on Simmons Anthony Fairchild Kopp Snell l\Ir. CAREW and Mr. O'CoNNOR of New York) there were-ayes Arentz Faust Kurtz Sosnowski 44, noes 98. Bacharach Fenn Kvale Speaks Bachmann Fish LaGuardia Sproul, Ill. So the amendment was rejected. Fisher Lampert proul, Kans. The Clerk read as follows : Bacon Bailey Fitzr•erald, Roy G. Lankford Stalker SEC. 2. That the President be, and he is hereby, authorized to ap­ Barbour Fitzgerald, W. T. Larsen Stephens Fort Lazaro tobbs point, by and with the advice and consent of the Senate, an additional Beck Beedy Foss Lea. Calif. Strong, Kans. circuit judge for the second judicial cil·cuit. Beers Free Leatherwood Strother Begg Freeman J... eavitt Summers, Wash. Mr. GRAHAl\1. 1\fr. Chairman, I move that the committee Berger French Lehlbach Swartz do now rise and report the bill to the House with sundry amend­ Bixler Fulmer Letts Swing Funk Linthicum 'faber ments, with the recommendation that the amendments be agreed Boies Furlow McLaughlin, Mich.Taylor, N.J. to and that the bill as amended do pass. Bowman Brand, Ga. Gambrill McLaughlin, Nebr. Thatcher The motion was agreed to. Brand. Ohio Garber · McLeod Thompson Accordingly the committee rose; and the Speaker having re­ Brigham Gasque McMillan Thurston sumed the chair, l\Ir. DoWELL, Chairman of the Committee of Britten Gibson McReynolds 'l'illman Brumm Gifford McSwain Tilson the Whole House on the state of the Union, reported that the Burdick Golder MacGregor 'l'imberlake committee having had under consideration· the bill (H. R. Burtness Goldsborough Madden Tincher 10821) for the appointment of certain additional judges, had Butler Goodwin Magee, N.Y. Tinkham Campbell Gorman Manlove Tolley directed him to report the same back to the House with sundry Carpenter Graham Mapes Treadwny amendments, with the recommendation that the amendments be Carss Green. Iowa Martin, Mass. Underbill Carter, Calif. Griest Merritt Vaile agreed to and the bill as amended do pass. Chalmers Hadley Michener Yare The SPEAKER. Is a separate vote demanded on any of the Chindblom Hale Miller Ve tal amendments? If not, the Chair will put them en gros. Christopherson Hall, Ind. Mills Vincent, Mich. Clague Hallt N. Dak. Montgomery Voigt The amendments were agreed to. • Cole Haray Moore, Ohio Wainwright The bill was ordered to be engrossed and read a third time, Cooper, Wis. Hare Morgan Wason and was read the third time. Coyle Hawley Murphy Watres Cramton Hersey Nelson, Me. Watson l\Ir. O'CONNOR of New York. l\Ir. Speaker, I offer a motion Crisp Hickey Newton, Minn. Wcfald to recommit. Cros'er Hill, l\ld. Parker Welsh The SPEAKER. The gentleman from New York offers a mo­ Crowther Hoch Perlman Wheeler Crumpacker Hogg Pratt White, Kans. tion to recommit which the Clerk will report. Cuny Hooper Purnell White, Me. The Clerk read as follows: Daver.port Houston Rathbone Williamson Davey Hurlson Reed, N.Y. Wolverton Mr. O'CON NOR of New York moves to recommit the bill to the Judi­ Dempsey Hull, Morton D. Reid, Ill. Woodruff clary Committee with instructions to report the same forthwith to the Denison Irwin Robinson, Iowa Wyant House with the following amendment: After the word '' one," in line Dickinson, Iowa Jacobstein Rogers Yates Dominick James Howbottom Zihlman 9, page 1, strike out the words "for the southern district of New York, NOT VOTI~'G-116 three." Appleby Fuller Luce Rcott Mr. GRAHAM. l\Ir. Speaker, I move the previous question .\swell Gallivan Lyon Sears, Fla. Bankhead Garner, Tex. McFadden Sears, Nebr. on the motion to recommit. Barkley Garrett, Tenn. Magee, Pa. Shreve The previous question was ordered. Blanton Glynn Magrady Sinclair The SPEAKICR. The question is on the motion to recommit Bowles Greenwood Major Sinnott Bowling Haugen Mansfield Smith offered by the gentleman from New York. Boylan Hawes Mead Smithwick The question was taken; and on a division (demanded by Mr. Browne Hayden Menges Spearing CAREW and l\lr. O'CoNNOR of New York) there were-ayes 49, Buchanan Holaday Michaelson "tevenson Bulwinkle Hull, William E. Montague Strong, Pa. noes 138. Burton Johnson, Ind. Mooney Sullivan Mr. O'CONNOR of New York. l\Ir. Speaker, I object to the Cieary Johnson, Ky. Morin Rumners, Tex. vote, and make the point of order there is not a quorum present. Colton Johnson, Wash. Nelson, Wis. Sweet Connery Kearns Newton, Mo. Swoope The SPEAKER. The Chair will count. Connolly;.. Pa. Keller O'Connell, N.Y. Taylor, Tenn. Mr. CAREW. Mr. Speaker, there is not a quorum in this Cooper, uhio Kelly Oliver, N.Y. Temple House. Corning Kemp Patterson Tucker Cox Kendall Peavey Tydings The SPEAKER. The Chair is about to count, and he will Darrow Kerr Perkins "Qpdike then ascertain ·whether or not there is a quorum. [After Deal Ketcham Phillips Walters counting.) One hundred and eighty 1\fembers present, not a Doyle Kless Porter Weaver Drane Kindred Ramseyer Weller quorum. The question is on the motion of the gentleman from Driver King ltansley Williams, Ill. New York to recommit the bill. Eaton Kirk Reece Williams. Tex. Flaherty Kunz Reed. Ark. Wilson, Miss. The question was taken ; and there were-yeas 107 nays 208 Frear Lee, Ga. Robsion, Ky. Winter not voting 116, as follows : ' ' Fredericks Lindsay Rouse Wood Wurzbach [Roll No. 111) Frothingham Lineberger Sabath YE.AS-107 So the motion to recommit was rejected. Abernethy Browning Davis Griffin The following pairs were announced : .Allgood Busby Dickinson, Mo. Hammer On the vote: .Almon Byrns Dickstein Harrison Arnold Canfield Dough ton Hastings Mr. Tucker (for) with :Mr. Ransley (ag~nst). AufderHeide Cannon Drewry Hill, Ala. Mr. Sullivan (for) with l\lr. Mor:in (aga1~st). .Ayres Carew Edwards Hill, Wash. Mr. Boylan (for) with Mr. Gallivan (agamst). Bell Carter, Okla. Eslick Howard :Mr. O'Connell of New York (for) with Mr: Burton (against). Black, N.Y. Celler Evans Huddleston Mr. Kindred (for~ with Mr. Tydings (agamst). . Black, Tex. Chapman F'letcher Hudspeth Mr. Sumners of Texas (for) with :Mr. Sbrev~ (agam t) .. Bland Collier Gardner, Ind. Hull, Tenn. Mr. Cleary (for) with Mr. Johnson of ~ashmgton (agamst). Bloom Collins Gnrrett, Tex. .Jeffers Mr. Lindsay (for) with Mr. Drane (agamst). Box Connally, Tex. Gilbert Johnson, Tex. l\Ir. Blanton (for) with Mr. Deal (against) . Briggs Cullen Green, Fla. Jones Mr. Oliver of New York (for) with Mr. Stevenson (against). 1926 CONGRESSIONAL RECORD-HOUSE 10959 Ir. Corning (for) with 1\Ir. Patterson (agabtst). Watsun Whtt.e, Kaus. Wiutet" Wyant 1\lr. Mead (for) with lli. Strong of Pennsylvania (against). Wefald White, Me. Wolverton Yates General pairs: Welsh Williams, lll. Woodruff Zihlman ·Wheeler Williamson Mr. Reece with Mr. Bankhead. Wright Mr. Appleby with 1\Ir. Montagne. NAVS-97 M1.·. Connolly of Pennsylvania with Mr. Driver. AbernethJ Dickinson, Mo. Lanham Rainey ~IT. Mrrgrady with Mr. Smithwick. . Allgood Dickstein IJttle Rankin ~lr. McFndden with Mr. Garrett of Tennessee. Almon Daughton Lowrey Rayburn Mr. Frothingham with Mr. Weller. Arnold Drewry :Lozier Heed, Ark. Mr. Perkins with Mr. Kerr. Auf der Belde Driver McClintic Romjue Mr. Johnson of Indiana with Mr. Hawes. Ayres Eslick MeKeown Rubey Mr. Kendall with Mr. Garner o-f Texas. Bell Evans Martin, La. Sanders, Tex. :Mr. Smith with 1\lr. Doyle. Black, N.Y. Gardner, Ind. Milligan Sandlin • Mr. Luce with Mr. Mooney. Black, Tex. Garrett, TeL Moorer Ky. Shallenberger Mr. Swoope with lr. Rouse. Bloom Gilbert Moore, Va. Somer, N.Y. 1\lr. Sinnott with Mr. Conne1·y. Bo:x: Green, Fla. Morehead Steagall 1111·. Kies with M:r. Reed of A!kansatt. Briggs Griffin Morrow Stedman 1\Ir. Kearns with Mr. :Majo.r. · Browning Rammer Nelson, Mo. Swank Mr. Sinclair with Mr. Wilson of Mississippi. Busby llaxliiaon Norton Tay'l.or, W.Va. Mr. Ketcham with Mr. Aawell. Byrns Hastings O'Connell, R. I. Thorn u.s Mr. Ramseyer with Mr. Barkley. Canfield Hill, Ala. O'Connor, La. Vinson. Ky. Mr. Newton of Missourt with Mr. Konz. Cannon Hill, Wash. O'Connor, N. Y. Warren Mr. Magee o.f Penn ylvania with Mr. Lee of Georgia. Carew Howru:d Oldfield Whitehead Mr. Cooper of Ohio with l\lr. Lyon. Carter, Okla. Hnddleston Oliver~ Ala. Chapman Whittington l\Ir. Darrow with Jr. Bowling. Hudspeth Pu.rks Wils-on, La. Mr. Sweet with l\lr. McReynolds. Collie? Hull, Tenn.. Peery Collins Wmgo Mr. Michaelson with :Mr. Buchanan. Jeffers Fou Wo-odrum Mr. Williams of Illinois with Mr. Mansfield. ConnallY, Tex. Johnson, Tex. Prall 1Ir. Wood with Mr. llulwinkle. Cullen Jones Quayle Mr. Taylor of Tenne see with Mr. Cox. Davis Kincheloe Ragon ::Ur. Porter with Mr. Greenwood. Mr. Kelly with M.r. Hayden. ANSWERED "PRESENT "-1 Mr. William E. Hull with Mr. Sabath. Hayden • Mr. Fuller with Mr. Spearing. NOT VOTING-118- Mr. Eaton with Mr. Kemp. Appleby Fredericks Mr. Colton with Mr. Sears o-f Florida. Lineberger Scott Asweli Frothingham Luce Mr. Glynn with Mr. Weaver. Bankhead Fuller Sea:rs, FJ:a. Mr. KIO' ller with l\lr. Williams of Texas. Lyon Sears, Nebr. Barkley Gallivan McReynolds l\Ir. ·Phillips with Mr. Nelson of Wisconsin. l.Uanten Garner, Ter. Shreve M.r. Robsion of Kentucky with Mr. F:rear. McSwam Sinclair Bowles Garrett, Tenn. Magee.Pa. lli. Menges with Mr. Peavey. Bowflng Glynn Sinnott 1\lr. Scott with Mr. Johrrson of Kentucky. Mag:rady Smith Boylan. Greenwoocl Man field Browne Haugen Smithwick 1\Ir. DODGLASS. Mr. Speaker, my colleagru; Mr. CoNNER-Y Mead Spearing Brumm Hawes Menges of Massachusetts, is unavoidably absent. If he were present, Buchanan . lloladay Steven on Micbaelson Strong, Pa. he would vote " no." Bulwinkle Iludson Montague Burton Hull, William E. Sullivan The result of the vote was announced as above recorded. Mooney Sumners, Tex. The SPEAKER. The question is, Shall the bill pass? Celler J olm on, Ind. Morin Sweet Clague Jobnso~ Ky. Nel.sw, Wis. Swoope The question was taken; and on a division (demanded by Cleary Johnson. Wash. Newton, Mo. Taylor, Colo. Mr. McKEowN} there were .227 ayes a.nd 79 noes. Colton Kearns o·conneiT, N.Y. Taylor, Tenn. Connery Keller Oliver, N. Y. 1\lr. KINCHELOE. Mr. Speaker, I ~emand the yeas and Temple Connolfy, Pa. Kelly Patterson Tincher nays. Cooper, Ohio Kemp Peavey Tucker The yeas and nays were -ordered. Corning Kendall Perkins Tydings­ The question was taken ; and there were-yeas 215, nays 97, Cor Herr PhimPff Updike Darrow Ketcham Porter Weaver answered " present" 1, not voting 118, as follows: Dea:l Kiess Rnmseyel" Weller Doyle Kindred [Roll No. 112] Ransley Wiili~s. Tex. Drane Kirk Reece Wilson, ~!iss. YEAS-215 Elaton Kunz Robin on. Iowa Wood FiShel" Kvale Ackerman D~mini.ck Irwin Purnell Robs ion, Ky. Wurzha.cb Flaherty Lee, Ga.. Rouse Adkins Douglass J u_cob te1D. Qutn Frea± Li'ndaay Aldrich Dowell James Batlibon.e Sabath Allen Dyer Jenktns- Reed', N.Y. So the bill was passed. Andresen Edwards Johnson, Ill. Reid, ill. An

BRIDGE ACROSS WHITE RIVER, ARK. Ur. WELLER. 1\Ir. Speaker, if the gentleman will withhold Mr. DENISON. Mr. Speaker, I call up the bill (H. R. his objection for a moment, this is a case where there was a 10042) to extend the time for commencing and completing the terrific explosion ofT. N. T. at Morgan, N. J., on October 4,1918. construction of a bridge across the 'Vbite River near Augusta, A young woman, 1\Iary Lynch, a talented young woman, a singer Ark., with Senate amendments thereto, and move to concur in of great promise, happened to be at a very short distance from the Senate amendments with an amendment, which I send to where this explosion occurred. This young girl was knocked the Clerk's desk. unconscious and has been in the insane asylum ever since- · The Clerk reported the title of the bill. 1\!r. BLACK of Texas. I have read the report. The SPEAKER. The gentleman from Illinois moves to con· l\Ir. WELLER. Pardon me for a moment. The sum of cur in the Senate amendment with an amendment, which the $12,500 is split up in this way : Her sister has been paying for Clerk will report. her support at Central Islip, Long Island, which is an insane The Clerk read as follows: asylum, for over five years, and $6,000 of this is in the form of vouchers. which have been approved by the War Claims Board. Line 4 of the third Senate amendment strike out the figure "3" and The balance, $6,000, has been computed by the War Claims insert "2." Committee to give her an income of $25 a month for the term Tbe SPEAKER. The question is on agreeing to the amend· she is expected by the physicians to live. This young woman ment to the Senate amendment. is only 38 years old, and the physicians say she is suffering Tbe amendment was agreed to. from dementia praecox and is incurable. While the amount The SPEAKER. The question is on agreeing to the Senate seems to be large- amendments. Mr. BLACK of Texas. If the gentleman will permit, $10,000, The Senate amendments were agreed to. so far as I know, is the outside limit we have allowed in cases ORDER OF BUSINESS of this kind; and if the gentleman will agree to accept an Mr. TILSON. I ask unanimous consent that until 5 o'clock amendment to the committee amendment making the $12,500, p. m. the House may consider in the House as in Committee of $10,000, I shall not object. But I do not think we ought to the Whole unobjected bills on the Private Calendar, beginning make an exception in this case and go beyond what we have at the place where the last call left off. allowed in any case heretofore, so far as I know. The SPEAKER. The gentleman from Connecticut asks 1\fr. WELLER. If the gentleman will pardon me just a unanimous consent that up· to 5 o'clock this afternoon it may moment, I will state that the sum of $12,500 includes an attor- be in order to consider bills unobjected to on the Private Calen­ ney's fee of $500. · dar, begi;nning at where we left off the last time. Is there Mr. BLACK of Texas. Yes; I have read the report thor­ objection? oughly. Mr. CONNALLY of Texas. Mr. Speaker, reserving the right l\Ir. WELLER. I accept the amendment. . to object, does the gentlema!l inte.nd to set apart any time for Mr. BLACK of Texas. Mr. Speaker, I withdraw my ob- . the consideration of bills to which objection has been made? jection. Mr. TILSON. I believe Friday of this week we shall have The SPEAKER pro tempore. Is there objection? the entire day to devote to the Private Calendar, and on that There was no objection. The SPEAKER pro tempore. The Clerk will report t~e bill. day we shall try to consider some of the bills which have been The Clerk read as follows: objected to. Mr. CONNALLY of Texas. I think gentlemen who have that Be it enacted, etc., That the Secretary of the Treasury be, and is kind of bills should have a chance. hereby, authorized and directed to pay, out of any money in the Mr. CAREW. Mr. Speaker, reserving the right to object, is Treasury not otherwise appropriated, to Agnes De Jardins, sister and the gentleman willing to make that half past 5? legally appointed guardian of Mary Lynch, the sum of $25,000, for Mr. TILSON. Well, that is asking a good deal-- an injury sustained by her sister Mary, who, on October 4, 1918, Mr. SNELL. If it bad not been for the filibuster of the gen­ resided at Morgan Beach, N. J., and who, as a result of an explosion tleman and his associates we would already have had several of trinitrotoluol that occurred in the ordnance depot at Morgan, N. J., hours on this calendar. was so frightened and shocked by the explosion and concussion, and Mr. CAREW. Mr. Speaker, I rise to a question of privilege. the exposure to the elements immediately thereafter that she lost her Never before in my life have I been accused of conducting a reason and has since been confined in insane asylums. filibuster. I never indulge in such immoral conduct. [Laugh­ With committee amendments, as follows: ter.] Mr. Speaker, the gentleman does not object to consider­ Page 1, line 7, strike out "$25,000" and insert in lieu thereof ing the bills until half past 5. .. $12,500." Mr. TILSON. Will the gentleman split the difference and On page 2, at the end of the bill, after the word "asylums" on line make it 5.15? 3, insert : "Provided, That no part of the amount of any item ap· Mr. CAREW. That sounds too much like gambling, Mr. propriated in this bill in ~xcess of $500 shall be paid or delivered to Speaker. or received by any agent or agents, attorney or attorneys, on account Mr. TILSON. Does the gentleman object to my request? of services rendered or advances made in connection with said claim : The SPEAKER. The gentleman from Connecticut modifies Provided, That it shall be unlawful for any ageJ!t or agents, attorney his request and asks to consider bills on the Private Cale;ndar or attorneys, to exact, collect, withhold, or receive any sum or sums until 5.15. Is there objection? [After a pause.] The Chair which in the aggregate exceed $500 on account of services rendered bears none. or advances made in connection with said claim, any contract to the DESIGNATION OF SPEAKER FOR TO-MORROW contrary notwithstanding. Any person violating the provisions of The SPEAKER. The Chair designates the gentleman from this act shall be deemed guilty of a misdemeanor, and upon conviction Connecticut [l\Ir. TILsoN] to act as Speaker pro tempore to­ thereof shall be fined in any sum not exceeding $1,000." morrow. Mr. BLACK of Texas. Mr. Speaker, I move as a sub titute The Clerk will call the first bill. for the first committee amendment the figures " $10,000." PRIV.ATE CALENDAR The SPEAKER pro tempore. The Clerk will report the amendment offered by the gentleman from Texas. GEORGE HORTON The Clerk read as follows: The first business on the Private Calendar was joint resolu­ tion (H. J. Res. 2) for the relief of George Horton. Amendment offered by Mr. BLACK of Texas: To -the first committee The Clerk read the title of the bill. amendment: Strike out "$25,600" and insert "$10,000." The SPEAKER pro tempore (Mr. SNELL). Is there obje~on The SPEAKER pro tempore. The .question is on agreeing to the present consideration of the bill? to the amendment offered by the gentleman from Texas as a lli. BLACK of Texas. Mr. Speaker, I object. substitute for the first committee amendment. The amendment to the amendment was agreed to . .AGNES DE JARDINS The SPEAKER pro tempore. The question is on agreeing The next business on the Private Calendar was the bill (H. R. to the first committee amendment as amended. 1692) for the relief of Agnes De J ardins. The first committee amendment as amended was agreed to. The Clerk read the title of the bill. The SPEAKER pro tempore. The question is on agreeing The SPEAKER pro tempore. Is there objection to the pres­ to the second committee amendment. ent consideration of the bill? The second committee amendment was agreed to. Mr. BLACK of Texas. Mr. Speaker, this bill carries an The SPEAKER pro tempore. The questiun is on the en­ appropriation of $12,500. I think the amount is excessive. The grossment and third reading of the bill as amended. Government at no time during the wa,r paid any amount equal The bill as amended was ordered to be engrossed and read to that to a soldier who was killed O!! the b~ttle field. a third time, was ~ead the third time, and passed. L.XVII---6'90 IU962 OON-GRESSI~N AL ROOORD-1I~ITSE JUNE B ..A motion to reconsider the vote whereby the 'biD was passe-d Miller, superintendent "and apecia1 'dis1mrsing agent of the Indian school was ordered to be laid on the ta.lJle. ·at 1Green'Ville, ICa'lU., itmns :tn the sum o'f .$429.20, representing ce~taln T..che 'SPEAKER pro tempore. The '(Jl.erk will report ·fue next payments :made by the ;:smd lEdgar -=K. :ililler in excess of 'the amount bill. appropriated by the •act rof Congress :approved 'FehrllllrY H, 1.9.20 (41 JOHN MA.GILL Stat. L. J> • .4.1'8), for 'gelleT:ill'ep!Ii:rs a.nd improvements t the said school during the Ji&ca.l wear ending June an, llt21. The ·next business .on .the Pri'va:te -Calendar •was the bill (H. R. 2165) for the relief ·of John 1\Iagill. The SPEAKER pro tempore. The question is on the third The title of the bill was read. reading of the bill. !Dhe :sP.EA..KER pro tempore. Is there objection to "tfue The bill was ordered to be read a third time, was read the pre. ent oonside:ratfion of he .bill? third time, and pa sed. Ther-e wa no •Objection. A motion to reconsider the vote whereby the bill was ]}assed The SP:E.A:KER pro t€m})ol'e. CJ:he Olei:k will l'eport the 'bill. was ordered to be laid on the table. .Tl1e Clerk Tead as follaws : The 1SPEAKE'R pre tempore. 'Th-e 'Clerk ':'f\i11 report the next 136 it ena.cted, etc., That in the administration or any laws confe:r:ring bill. rights, privilege , and benefits upon nonOTnbly discha'l\ged soldiers, !Tdbn AGNES W. WILCOX MagiH, who -was ·a member of Company a:>, Thirteenth Regiment iPenn- The next business on the Privai:e Oalemla:r was lhe bill (H. lt sylvania 'V-olunteer I11fn.ntry, shall bffl'€a1ter be held and 'considered to 2190) for the relief of Agnes W. Wilcox. have been discharged honorably from the military -service of the Untted The title of 'the bill was -read. States as a private of that organization on the day of , The SPEAKER pro tempore. Is there objection teo the pres- : Provided, That no bounty, •baCk ·pay, pension, or allowance shall ·ent consideration of ttre bill? be 'held to have accrued prior to the passage of this act. Mr. BLACK of Texa . Yr. Speaker, reserving the right to With a committee amendment, ·as f.ollo-ws: object, I WRIIt :fo.r :a ·mament Jto .read the ,statement from the Secrcetary .o:f 'State addressed i±o the Hon . .S'J.llm>HEN G. PoRXER P.age :1, line ·9, insert :after 'the word " ithe" the ·Wor.d "2m!," and an tl1is bill. He 'Bays: after the word "of" inser.t '1:he Wru"ds "Ja-nuary, 1899." I regret to say that inasmuch as the department has neen in­ 'The SPE..AKER :pl'o tempore. The question is ·on ~~eing to formed by the Director ..(ff 'the Btrrean -oi the 'Budget fbat the legisla­ the cammittee amendment. fum proposed in tlrls bill wotild 1be 1:B c-onllict with tbe :financial }Jl'o­ The committee amendment was &greed to. gt:IDil cJ!. :fihe {PreSident, 'I 'llil1 not l.n 'R position to ao-vocate its enact­ The SPEAK'ER pro tempore. 'The question is r9n the -en­ ment into lasw. :Howe-ver, ill at 11ny time you should deSire nuy of the gros ment and third reading of the bip as amecded. facts in relation to the record of Mr. Wilcox in the service lit wonlil ~he bill as .amended was ·or<:lered to ·be ·engrossed and Tead a give me pleasure to ~a them to yo:u. third time, was read tthe third time, and passed. A motion to reconsider the vote whereby the bill was J)a-sseu 'Then also the Director of the Hudget addressed a letter to was ordered to be laid on fhe ·table. Mr. Porter, readlng as -:follows: The SPEAKER pro teiDJ)Ore. The Clerk will l'lWOrt the next R-eferring to your Javnr of :M:a:rcb !13 -ooncernin.g oertain bills look~ bill. ing .to ,too pnymellt !1! a -year's tilalacy ·to the -widow ur other de­ JOE BURTON COURSEY pendents of diplomatic and consular officers who died at th~r posts ot IT'he next business on the Prlv.ate Cnlendn:r was tlle blll du.q, I was ~ery :glad, indeed, .in tcomplianee with your request, to (B. R. 6087) to reinstate .Joe Burton Coursey in the W-est again present this matter to the P.resiQent. This 1 had the oppor­ Pcint .Military Academy. tunity vf .doing this morning, lUld the President bas not clla.nged his attitude with rega:ud to these p.:ro~ed relief measures which he had 1lle tiUe of the bill was :read. previously held as hel.ng in conflict with his 1illfLilcia1 p-rogram . .The SPE.A.KE:R pro tempore. :Is there oQje.ction to tha 1J1'eS· ent consideration of the bill! • Now, 'Ml:. Speaker, th-ere rare fur~ af these bills, .and m1ti.l we Mr. BEEDY. l object. can have 1fm'bher ttm:e to e:m:mme 1bem I am going :to object. .The SPEAKER pro tempore. Dbjection is beard. "The Clerk The SPEAKER pro tempore. Objectian .is hEard. will report the next bill. 'EDITH L. BICKFOXD LAWBE~CE F. NELSON ~ next business .on the Priwate Calendar was the bill .TJJ.e next business a.n the P.ri~ate Calendar w.as the hill .(11.. iR. 2328.) f.or tlle relief 10f Edith L. 'Bickford. (H. R. 11396) for the relief of Lawrence F. Ne1son. The Cler'k read the title of the bill · 3fue title-of .the bill ~a-s .read. .The SPEAKER IPllO .t~po.re. Is t.here OOjecoon to tbe rJ)res­ The SPEAKER pro tempore. :Is fllere objection .to the ]}T-e~ ent cons1deration of the bill'? ent consideration of the :hlll.? Mr. ...BLACK of ..Texas. .1\Ir. Spoo..ker., I ob.ject. 'There .was no -objection. GENEVIEVE HENDRICK The SP.EA:KE:R Jlro tempore. .The Cl.er'k wlll re_pnrt the lilll. .T.he Clerk read as.follo;ws : The next business on th~ 'Prlvate -calendar was the bill (H. R. 8529' fur t'he relief of Genenev-e 'Hend'lick. ':Be it ..enacJied, me., That in -the :a:ftm'inistrBlti.on af aey Iaw11 coorlerting The 'ClerK read fire title ~f the bin. roghts, privil~, and benefrta llJIDn lbOllo.rably tdiscrh~t.~;ged soldiers, •La·w­ 7!'he SPEAKER pro teiii'p()re. !-s there ob5eetifficer now serving as an acting chaplain Surely the proper thing to do is for the Congress to authorize in the Navy, and who served under a temporary appointment as a . chap­ the justification of her accounts, and I hope the gentleman lain in the Navy with the rank of lieutenant at any time prior to the from Maine will withdraw his objection on account of the situa­ 4th day of November, 1920, shall be eligible for advancement to the tion. grade of chaplain with the rank of lieutenant commander without The SPEAKER pro tempore. Is there objection? regard to any statutory requirements other than professional and Mr. BEEDY. Mr. Speaker, I object. physical examination: Provided, That any officer appointed in accord­ F. E. ROMBERG ance with the provisions of this act shall be entitled to no additional back pay or allowances by reason of such appointment. The next business on the Private Calendar was the bill ( S. 685) for the relief of F. E. Romberg. The bill was ordered to be read a third time, was read the The Clerk read the title of the bill. third time, and passed. The SPEAKER pro tempore. Is· there objection to the pres- A motion to reconsider the vote by which the bill was passed ent consideration of the bill? was laid on the table. There was no objection. GEORGE M. B.A. U:M The Clerk read the bill, as follows: The next business on the Private Calendar was the bill (H. R. Be it enacted, etc., That the Secretary <>f the Treasury be, and he 4553) authorizing the President to restore Commander George is hereby, authorized to pay, out of any money in the Treasury not M. Baum, United States Navy, to place on the list of command­ otherwise appropriated, the sum of $375 to F. E. Romb&rg, in settle­ ers of the Navy to rank next after Commander Walter Albert ment of his claim against the Government to reimburse him on account Smead, United States Navy. · of cash paid to Hal Johnson for a one-third interest in the allot­ The Clerk read the title of the bill. ment of Jennie Dirt, deceased Shawnee Indian, which her husband, The SPEAKER pro tempore. Is there objection to the pres­ Dan Dirt, bad inherited and conveyed to said Johnson, said allotment e.nt consideration of the bill? having been previously sold by the Government thr<>ugh the Secre­ Mr. BEEDY. Mr. Speaker, I object. tary of the Interior to said F. E. Romberg and collected the full con­ Mr. VINSON of Georgia. Will the gentleman withhold his sideration therefor, the right of said Dan Dirt to sell and convey said objection for a moment? one-third interest now being so declared by judicial decree: Provided., Mr. BEEDY. I withhold it, Mr. Speaker, although I intend That the Secretary of the Interior shall reimburse the Government, to object. 1n whole or in part, out of any Indian trust property now or here­ Mr. UNDERHILL. Will the gentleman from Georgia yield after owned by Dan Dirt, the amount appropriated by this act, being to me a moment? a part of the sum which the Government bas paid to said Dan Dirt, Mr. VINSON of Georgia. Yes. the proceeds received by the Government in trust for him from F. E. Mr. UNDERHILL. The gentleman from Maine states, ac­ Romberg, purchaser of the Jennie Dirt allotment. · cording to his usual practice, he intends to object anyway. The bill was ordered to be read a third time., was read the Now, if we can get through this calendar, on Friday probably third time, and passed. we can take up these objected-to bills and make some progress. A motion to reconsider the vote whereby the bill was passed Mr. VINSON of Georgia. I agree with the gentleman from w·as laid on the table. Massachusetts, but I think the committee is entitled to the bene­ FAN1\TJE B. ARMSTRONG fit of the grounds upon which the learned gentleman from Maine The next business on the Private Calendar was the bill (H. R. imposes his objection, so that we may be guided in the future 11586) for the relief of ·Fannie B. Armstrong. when we have similar matters, and I trust the gentleman will The Clerk read the title of the bill. elucidate the RECORD by giving us the benefit of his objection. The SPEAKER pro tempore. Is there objection to the pres­ Mr. BEEDY. I will state to the gentleman I am always ent consideration of the bill? glad to try to enlighten the gentleman, although I should not There was no objection. have presumed to do so without the invitation. 10964 CONGRJ£S8IONAL RECORD-HOUSE JUNE 8 Mr. VIKSON of Georgia. I trust the ge11tleman will do so I With tbe following committee amendment: now. Page 1, line 6, strike out the words " Walter .Albert Smead" and :Ur. BEEDY. I shall attempt it. The Secretary o-f the Navy insert "David W. Bagley.'' says this is individual legislation, that it makes a special case of this man ·andre tore 40 numbers to him which he ha-d lost The committee amendment was agreed to. in pursllllnce of the regular routine of the rules and regulations The bill as amended was ordered to be engrossed and read a third time, was read the third time, a.nd passed. of the depa1·trnent. M1·. VI... JSO... ~ of Georgia. Will the gentleman yield a mo- The title was amended to conform with the text. A motion to reconsider the vote whereby the bill was passed ment? was laid on the table. Mr. BEEDY. Yes. 1\Ir. VINSON of Georgia. If the gentleman will read further ALEX.A....lWEB EDW .ABD METZ and read the report on the previous bill, qalendar No. 421, the The next business on the Prh'ate Calenda!t' was the bill (H. R. gentleman will find that, too, is individual legislatio-n.. That 9433) for the relief of Alexander Ed ward :Metz. is the reason they ·are on the calendar, because otherwise the The Clerk read the title of the bill. general law would cover the subject. I have heard the gentle­ The SPEAKER pro tempore. Is there objection? man make the same kind of objection, but I trust the gentle­ There was no objection. man will base it on omething more than this statement, else The Clerk read the bill, as follows: tl:l£re is no need for the e:rist:enee of a private calendar, because Be it enaoted, etc., That secHon 14 of ".An act to provide fof the general legi 'lation would cover these bills. For that very creation, organization, administration, and maintenance of a Naval reason the rules of the llouse provide for individual legisla~ Reserve and ~Iarine Corps Reserve (43 Stat. L. p. 1084), approved tion and, of course, every bill on this calendar is for some indi­ Febrnary 28, e.925, shall be applicable to the case of Alexander Edward vidual and it is an individual case not covered by statute or by Metz, former lieutenant, United States Naval Re erve Force, for injury general legislation. received by him in U. S. S. Eagle No. 51 on or about July 24, 19241 The merits o-f this case offe1· great justification. Previous P1·ovtded, That it sball be d'etermined in accordance with the provisiona Congresses in two similar cases have enacted a similar meas­ of said section that he was physically in the line of duty while pel"' ure. Permit me to call the gentleman's attention to this fact: forming active duty, authorized training duty with or without pay, or There were three officers that went up in 1909 to be examined was employed in authorized travel to or from such duty. before the board, and they f.ailed ill one subject. By special acts of Congress two or three years ago relief was given to the The bill was ordered to be engrossed and read a third time. other two officer . 'Vhen the ge.ntlemn.n from Ka.nsas [Mr. wa.s read the third time, and passed. ANTHONY] presented this bill some two years ago, I myself A motion to reconsider the vote whereby the bill was passed interposed serious obj€ctiroge of this bill. " Your boy·s record during the eight months he was in tile service 111r. WINGO. It will not cost the Governm.ent anything. was excellent. There is no blemish upon it. In December he com­ llr. ARENTZ. As a good lawyer, would the gentleman de­ pleted a course in practical electricity, obtaining a final average of clare a man deag after he had disappeared for two years? 3.69 out of a possible 4 and a 3 out of a possible 4 at the submarine 10966 CONGRESSIONAL RECORD-HOUSE JUNE 8 school. There is inclosed a certificate issued him upon completion of T The Clerk read as follows:· his course in electricity." Be it enacted, etc., That the Secretary of the Treasury be, and be is Mr. AREXTZ. :Mr. Speaker, I object. I think the matter hereby, authorizt'd and directed to pay, out of any money in the Treas· ought to go over until next Friday at least. ury not otherwise appropriated, to the St. Paul Gas Light Co. the sum 'l'he SPEAKER pro tempore. The gentleman from Nevada of $4,500, on account of damages sustained to the llale Building at objects, and the Clerk will report the next bill. Sixth and Jack on Streets, St. Paul, Minn., leased by the surplus prop­ erties dlvis~v.:! of the Wm· Department between the months of Septem· • ALFRED W. MATTHEWS ber, 1919, and April, 1920. · The next· business on the Private Calendar was the bill (H. R. 6697) for the relief 'of Alfred W. Matthews, former The committee amendment was read, as follows: ensign, United States Naval Reserve Force. Page 1, line 5, after the word "appropriated," insert "and in full The Clerk read the title of the bill. settlement against the Government." The SPEAKER pro tempore. Is there objection to the pres­ ent consideration of the bill? The committee amendment was agreed to. Mr. BLACK of Texas. 1\Ir. Speaker, I reserve the right to The bill as amended was ordered to be engrossed and read object. Is this ex-service man now drawing any compensation a third time, was read the third time, and passetl. from the Veterans' Bureau? A motion to reconsider the vote by which the bill was passed 1\lr. WHITE of Maine. He is. was laid on the table. 1\Ir. BLACK of Texas. I object. Mr. WINGO. Mr. Speaker, I ask unanimous consent to ex· 1\lr. WHITE of Maine. Will the gentleman reserve his ob­ tend my remarks on S. 2746 by inserting at the end of the last jection? sentence I uttered on the floor the report of the committee. Mr. BLACK of Texas. Yes. The SPEAKER pro tempore. Is there objection to the re­ 1\Ir. WHITE of l\Iaine. I take it from what the gentleman quest of the gentleman from Arkansas? [After a pause.] The says that be bases his objection solely upon the ground that the Chair hears none. man is receiving compensation from the Veterans' Bureau? Mr. CAREW. Mr. Speaker, I ask unanimous consent to re 1\Ir. BLACK of Texas. I have uniformly objected to taking turn to No. 215 on the calendar. any of the emergency officers now drawing compensation from · The SPEAKER pro tempore. The gentleman from New York the Veterans' Bureau and putting them on the retired list. asks unanimous consent to return to Calendar No. 215. Is For example, there is a g1·eat demand that we pass the Fitz­ there objection? gerald bill, so as to permit all the emergency officers of the Mr. BEEDY. Mr. Speaker, I shall have to object. Army who are now drawing compensation from the Veterans' T. GAINES ROBERTS Bureau to retire and draw retirement pay instead of compen­ sation under the war risk insurance act. That bill has not The next business on the Private Calendar was the bill passed thus far, and I do not think it is fair to grant retire­ (H. R. 2323) for the relief ofT. Gaines Roberts. ment by special bills to officers of the Navy and Marine Corps The Clerk read the title of the bill. and refuse it to the emergency officers of the Army. I am The SPEAKER pro tempore. Is there objection to the pres­ certainly not aware that the emergency officers of the Navy and ent consideration of the bill? Marine Corps rendered any more meritorious service in time of Mr. BLACK of Texas. Mr. Speaker, may I inquire what bill war than did the emergency officers of the Army. I know of this is? • no reason why there should be any difference in treatment. The SPEAKER pro tempore. Calendar No. 430. 1'\ow, I see no reason why we should retire by private bills Mr. BLACK of Texas. Mr. Speaker, I object to that. officers who served in the Navy and refuse to pass the Fitz­ Mr. VINSON of Georgia. Will the gentleman withhold that gerald bill. for a moment? l\Ir. WHITE of Maine. If I may say a word about this case. .Mr. BLACK of Texas. I will. I understand from the testimony before the committee that this Mr. VINSON of Georgia. Mr. Speaker, I trust the gentleman is the only case in the records of the Navy of this kind. It will not object. This case was carefully considered by this is individual in that respect-that that is no other like it. committee. This man is one of the greatest constructing officers 1'\ow, this man was in the service. He was taken with diph­ in the Navy. Let me give you a list of the ships-- theria. That disease was not ·properly diagnosed. He was on Mr. BLACK of Texas. It is an attempt on the part of Con­ duty and collapsed. I understand he was navigator and was gress by a statutory enactment to promote an officer, is it not? on the bridge when he collapsed. Following the failure to Mr. VINSON of Georgia. No. The gentleman is mistaken. diagnose his case, of course, the disease made great progress, This man will not get any promotion until he goes out of the and it has left a train of disabilities. There was no provision service, and it would only permit him to be retired with one of law then which authorized the retirement of officers of the rank higher than he holds now. · Naval Reserve Force for physical disability. He was disen­ Mr. BLACK of Texas. Why should Congress do that? rolled from service by two Naval Reserve officers. It was abso­ Mr. VINSON of Georgia. Because he has not had in the lutely without any authority of law for the officers to take the judgment of the Committee on Naval Affairs, a square' deal at action which they did take. the hands of the selection board. He has built more battle· The regulations of the Navy Department give certain definite ships than any other constructor in the Navy, and yet because rights. He was entitled to a survey by a medical board, and he wrote an adverse report on the conduct of a man who later that medical board could give him hospitalization or recom­ got on the board he has been penalized every time he came mend his retirement. As a result of this unauthorized action before the board for promotion. the man was thrown out of the Navy, and all his rights were The gentleman from Ohio [Mr. STEPHENs] and my elf per­ cut off by this unauthorized illegal action of these officials. sonally went to see the Secretary of War in regard to the Mr. BLACK of Texas. He was an emergency officer of tho treatment accorded to this officer, who was a first-Lonor cadet Navy'? and the builder of the Wi.sconsin, the monitor Cheyenne, Mr. WHITE of Maine. A reserve officer. the torpedo boat Farragut, and the destroyers Paul Jone11 Mr. BLACK of Texa . He is now receiving compensation Perry, and P1·eble, and others-more ships than were con: under the war risk insurance act? structed by any other man in the Navy. Yet he can not be l\fr. VINSON of Georgia. But here is a case where the selected for promotion by the promotion board becau e he officers disenrolled him without any authority to do so under reported adversely some years before on an officer who now sits the law. on the board. 1.\Ir. BLACK of Texas. I have tried to study all of these bills Mr. BLACK of Texas. The gentleman holds that the failure in opposing them, and I see no reason why I sbould-- to promote this officer is due to what is practically a conspiracy Mr. VINSON ,of Georgia. I trust the gentleman will not be on the part of the selection board of our Navy? so broad in his objection. Mr. VINSON of Georgia. Yes. If he had had a square deal Mr. BLACK of Texas. 1\Ir. Speaker, I object. on the selection board we should not be asking any favor here for him. ST. PAUL GAS LIGHT CO. Mr. BLACK of Texas. I thinit Congress ~ould have a diffi­ The next business on the Private Calendar was the bill (H. R. cult task if it undertook to assume the duties of the selection 2367) for the relief of the St. Paul Gas Light Co. board of the Navy. The Clerk read the title of the bill. Mr. VINSON of Georgia. I agree with the gentleman in that. The SPEAKER pro tempore. Is there objection to the pres­ Mr. STEPHENS. It simply retires him. n does not make ent consideration of the bill? [After a pause.] The Chair any difference in his pay. hears none. Mr. BLACK of Texas. 1 object. 1926 CONGJ?ESSIONAL RECORD-HOUSE 10967

The SPEAKER. Objection is heard. The Clerk will report cruises, extending in all over a continuous period of 50 years, the Sec4 the next bill. retary of the Navy is hereby authorized to enlist Joseph S. Carroll as a JOHN MARVIN WRIGHT chief comllllilsary steward in the United States Navy and to imme­ The next business on the Private Calendar was the bill diately thereafter transfPr- him to the retired list of the Navy with {H. R. 11877) authorizing the President to reappoint John the retired pay of tr...at rating: Pro1iided, 'l'hnt the said Joseph S. Marvin Wright, formerly an officer in the Corps of Engineers, Carroll shall not b<.; entitled to any back pay or allowan.ces prior to the United States Army, an officer of the Corps of Engineers, date upon which he may be transferred to the retired list, as herein United States Army. authorized: Provided further, That the enlistment of the said Joseph S. The title of the bill was read. Carroll, as herein authorized, may be effected without regard to ag.e or The SPEAKER. Is there objection to the -present considera­ physical qualifications. tion of the bill? The SPEAKER. The question is on the engrossment and Mr. BLACK of Texas. I object. tltird reading of the bill. Mr. W A.INWRIGHT. 1\Ir. Speaker. will the gentleman with­ 1.'he bill was orde.red to be engrossed and read .a third time, hold his objection to this bill in the absence of my .colleague was read the third time, and passed. [1\Il·. REECE] the author of the bill? A motion to reconsider the vote whereby the bill was passed Mr. BLACK of Texas. My objection does not take it off the was ordered to be laid on the table. calendar. That is all. The SPEAKER. The Clerk will report the next bill The SPEAKER. Objection. is heard. The Cl€rk will report ~""DER J. THOMPSON the next bill. FORE RIVER SHIPBUILDING CO. The next business on the Private Caleud.ru.· was the bill (H. R. 6806) authorizing the payment of a claim to AleYander The next business on the Private Calendar 'Was the bill J. Thompson. (S. 1886) to carry out the findings of the Court of Claims in T.he title of the hill was read. thB case of the Fore River Shipbuilding Co. The SPEAKER. Is t:.be.re objection to tbe present consid- The title of the bill was read. eration of the bill? The SPEAKER. Is there objection to the present consid­ There was no objection. eration of the bill? The SPEAKER. The Clerk will report the bill. l\Ir. BLACK of Texas. I object, :Mr. Speaker. 1.'he Clerk read as follows : The SPEAKER. Objection is heard. The Clerk will report the next bill. Be it enacted, etc., That the ~eta.ry of the Treasury be, and 11-e is hereby, authorized a.nd -directed to pay, 'OUt ·of nuy money in the Treas­ ANN A JEANETTE WEINRICH ory not -otherwiBe apPTopriat~ to AJexande- J. Thompson the ·sum of The next business on the Private Calendar was the bill $10,000 in full settlement of all damages against the Go:vernment f-o-r (H. R. 2633) a bill for the relief of Anna Jeanette Weinrich. expeDS(>S incucred and permanerrt injury recei~ed from an emp-loyee of The title of the bill was read. the United States Bureau of Animal Inau:dry. The SPEAKER. Is there objection to the present consid- eration of the bill? With a committee amendment, as follows: There wns no eloped, it ought to be productive of very cities. In ide of the city circle is that of the school board, superin­ valuable public results, and I hope that may be possible. tendent, principals, and teachers. The last circle is the governing of the children. This circle, in our country and every other country ex· President Coolidge's secretary has written: cept Cuba and Argentina, is an autocracy of which the teacher is the President Coolidge will give careful consideration to this matter. monarch. This bas been and is tolerated by the ignorance of statesmen and educators, and is tbe basis of most of the crime and disloyalty in DR. FRANK CRANE I!'ODORSES THIS PLA~ Dr_ Frank Crane has written many editorials on the School our country and other lands. By means of the school republic this evil is rectified. Though the school republic is the smallest and last Republic, and says that- of the circles, it is the most important of all, as- this is not only real It is the biggest idea in the world. government and its citizenship actual and true American citizenship, Autocracy in tbe schools must be replaced by training in democracy ; but 1t determines the character of the citizenship in all of the other and if that had been done as soon as the Constitution was adopted, it circles. might have prevented the Civil War, U would certainly have saved our If any one of the circles inside of the national circle fails to main­ people many millions of dollars, and the present distressing conditions tain order and to protect the rights of .American -citizens a larger could never have developed. circle may invade a smaller one, as was the case when -President Cleve­ Democracy can be made fully successful by a people who, as a wholl.', land sent troops into Chicago and quelled a railroad strike, and Gov_ live in accord with the Golden Rule, but not otberwtse. "Do to others Rutherford B. Hayes sent State troops into Cincinnati and quelled aR you would have them do to you," is the magic key to the highest the cotrrthouse riot. In the same way the teacher may invade the civilization. school republic if tbe child citizens fail to maintain the required 'l'be greatest probll.'m of civilization throughout all the ages has been order. This practically never happens, as the children are most eager how to get the pl.'ople of every nation to put the Golden Rule into to have the advice and help of the teacher_ operation in their daily life, and Mr. Gill declared: · Although citizens of the school republic are under observation and "This problem bas been solved, and through it practically all the instruction, their citizenship is as real as is that of their parents, and difficult problpms of human contact and conduct have been solved in as bas been said, is more fundamental. the homes, in education, at the mines, in the industries, between indi­ The Constitution of the United States is the supreme human law viduals, and betwl.'en nations_ of government and of conduct for every American citizen from birth "It will make an r·nd of war_ Peace can not come by enacting laws, till death. Our Government ought to recognize this and to protect either national or international. It can come through improving the its citizens in their rights as such, while they are too young to know chamcter of all individual men and women and in no other way. that they have any rights and too wea~ to protect themselves from " It will enable all persons, while children, to develop fine and strong the ignorant and demoralizing autocratic tyranny that is forced on character. them. It should require of every school over which it has any au­ '' AS THE TWIG IS BENT thority to treat every American citizen in it as an American citizen " 'As the twig is bent, so the tree is inclined.' Children are com­ and not as a helpless child and subject of a monarchical school gov­ pelled without experience or information to determine what their adult ernment. 1926 CONGRESSIONAL RECORD-HOUSE _10969 The Congress of the United States should go as far in this matter as much as upon the Congress and the Army and the Navy. No as it has the ri.ght -to go, and if it has not the right to defend itself other branch of the Government has been so utterly neglected and the rights of the little citizens in the schools of a State, then the and so unprepared to perform its proper functions. State legislatures and the governors should do whatever is necessary THE SCHOOL REPUBLIC OFFERS THE REMEDY-WHAT IS THE GILL METHOD? to get rid of monarchy in the schools, which demoralizes the morals and the loyalty of its people to the ballot. It is the same citizenship, rights, duties, spirit, and practices applied before the age of 21 as is desirable after the age of 21, President Coolidge's secretary has WI·itten: under encouragement and instruction by the regular school­ President Coolid~e will give careful consideration to the matter. teachers, by the plan made by Washington, Franklin, Jefferson, DR. FRANK CRANE INDORSES PLAN and their coworkers and embodied in the Constitution of the Dr. Frank Crane has written many editorials on the subject, United States. and says that- Any vital, permanent improvement in civilization must rest on an improvement in the habits and character of the whole It is the biggest idea in the world. people. Rev. Dr. Charles Stowe (son of Harriet Beecher Stowe) This method has been producing good res~ts for a quarter of wrote: a century. - Is it not time that American citizenship should be approved If our dream of the Kingdom of God on earth is to be realized, and adopted by all schools? and it can be realized, we must begin with the boys and girls. But It is practically impossible to reform the habits of a great how shall we begin? There is no practical way except .Mr. Gill's body of adults. - plan. Now that the public-school system is rapidly developing The Congress of the United States should not delay- its tlll'oughout the world, it is entirely practicable to enable the recognition of this great invention, nor should it lose an un­ children from the very beginning to form the habits which are necessary day, in giving the advantages of it to our people and necessary for universal peace, honesty, cleanliness, health, kind­ to the world. - ness, and cooperation for every good purpose. The engineer who set about to invent a means to solve this Mr. Gill believes that this work among the children can not great problem strikingly makes the following claims: be accomplished by the old-fashioned academic methods alone. Trouble at the mines, antagonism in the industries, prevalence of To this must be added, he says, the laboratory method by sub­ crime, the hoiTors of war, and the failure of education to conquor stituting democratic government for the monarchial or absolute these enemies of the human race can be solved by a discovery and authority of the teacher. invention, so simple, so easy, so practical and inexpensive, and so full In the work for universal peace, without disparaging anything of common sense, that it is in the reach of this Congress to understand that may be proposed, it is evident that however valuable any it without discussion, and to put it into operation immediately in our particular endeavor, or all endeavors together may be, they can country, and by our example, in every other country, for the peace never accomplish their full purpose until there is added this and g.meraJ welfare of all mankind. element of forming the habits of morality (which is peace) by the laboratory method, beginning with the youngest children in This builder of citizen-patriots further declares : the schools ..and keeping it up through the individual's entire .Autocracy in the schools, the monster which has developed with school life . our great school system, is destroying the foundation of our Govern· How the school republic can be introduced into every school ment and is gnawing at the vitals of civilization. is told in the following words by Mr. Gill, its inventor: This is a matter for consideration by statesmen and the people, and only secondarily by educators, except as they, too, are responsible ORGANIZING A SCHOOL REPUBLIC citizens. THE WHOLE SCHOOL THE AMERICAN REVOLUTION IS NOT FINISHED I organize the whole school as a nr,.tional democratic republic in the Between the end of the War of the Revolution and the con­ spirit of the Constitution of the United States, which is friendship and vening of the convention to make a constitution for the govern­ kindness, and expressed by the golden rule and by the plan made by ing of the people one of the signers of the Declaration of Washington, Franklin, Jefferson, and their ass-ociates and embodied in Independence, Dr. Benjamin Rush, of Philadelphia, made the the Constitution. .All the pupils, from the eldest to the youngest, have following remark in one of his speeches : equal rights. I explain to the children assembled, with more or less explicitness, There is nothing more common than to confound the term "American according to their age and other circumstances, some conditions in our revolution" with that of the "American war." country which need correction, such as that which is exhibited by the The American war is over, but this il:l far from being the case with fact that in the Harding election 26,000,000 of our people voted and the American revolution. 27,000,000 were disloyal to the plan of the Constitution to the extent (1) On the contrary, nothing but the first act of the great drama that they failed to vote. I make it as clear to them as I can that is closed. It remains yet- there can be no true loyalty to our Government and to our flag except (2) To establish and perfect our new forms of government, and through a daily life of friendship and kindness, such as is expressed (3) To prepare the principles, morals, and manners of our citizens by the golden rule. I tell them that there can be no reasonable hope tor these forms of government after they are established and brought to perfection. that they will, after the age of 21, live in the spirit and lly the plan-of the Constitution of the United States unless they do so before then, The first act of the revolution, as we have seen, was ended by the while they can have the help of their teachers and schoolmates and say surr-ender of Lord Cornwallis and the signing of the treaty of peace. to them, "All of you who wish to begin your citizenship this minute and The second act was completed by the adoption of the Constitution by the thirteen States.' to help organize your school as a little .American republic, in the spirit and by the plan of the Constitution of the United States, raise your The third act of the American revolution has scarcely begun, though right hands-high as you can, so that I can see how you are voting." nearly a century and a half has passed since the completion of the second act. They invariably vote unanimously in favor. The request, " High as you can," is a factor in their interest. The Constitution set up a new kind of government, founded on prin­ ciples which are totally dil:Terent from those which were ever the basis Then I have them raise their right hands again and repeat after me 1 of any government in the Old World. a pledge of loyalty to the Constitution, ' I solemnly promise that I will To make this new kind of government fully operative and successful support and defend the Constitution of the United States, and that I it was and still is necessary that the whole people should adopt prin­ will perform the duties of my American citizenship to the best of my ciples, morals, and manners such as had never been adopted by the knowledge and ability. So help me God." people of any nation on earth and have not yet been adopted by the ALL KNOW THE CHARACTER OF EVERY ONE IN THEm CLASS people of our Nation. The children, except the youngest, have been living together in their The American r-evolution wUI never be successfully ended and the classes for years, and each one knows the moral and intellectual Constitution of the United States become fully operative till this shall strength of every other one in the class without stopping to consider. bn ve been attended to. This fact makes it possible to organize very rapidly. It is not neces­ TllE PEOPLE--NOT THE EDUCATORS sary to use ballots or to have more than one candidate at a time. When this work was begun 28 years ago we did not know these facts-, The citizenship of the people is, or should be, as much a part and the process of organizing was long and tedious. For various rea­ of the Gover-nment of the United States as is the Congress, the sons it is desirable to make the process ot organizing as simple and Supreme Court, or the Army or the Navy, yet it has never been short as is compatible with a clear understanding by the children. If prepared to perform its functions efficiently or intelligently as ~ one is elected unanimously, or by an evident majorty, no time need be part of the Government, although the maintenance and defense wasted in _taking a negaUve vote or by making any other unnecessary of the Gove1·nment is dependent on this arm of the Government, moves just because the;y a1·e customary. , 10970 OONGRESSION AL RECORD-HOUSE JUNE & ELECT A P:RESmEN'l' A..."iD VICE PREBIDEN'i' SEC. 8. It is the duty of the city to protect the rights of all citizens I ask those who are ready t() name som~ one for president to and promote the general welfare and of .citizens to practice the golden raise their right bands. A few hands u·e raised, and I enll ~n-one of ruie 1lnd to be obedient to every lawfol authority. the older pnpiJs for a nomina.tion. To guard against any mishap, which SEc. 9. The city shall have the right to malre, to enforce, and to is not apt to occar, I ask the principal if he or she approves. Almost adjudicate laws. invariably the principal replies to the effect, "It could not be better." SEc. 10. Term of office is one month, unless ctherwlse providro. An If it is the principal who is organizing, of course, tb.ere would be no officer shall not be reelected to the same office for two whole terms in succession. question. Many times I, a stranger, can not understand the .name of the nomi­ SEc. 11. Before the close of each £chool yea-r an election of -officers nees, and to save time I do not wait to find out, bot say, "All in favor, shall be held, whose term of office flhall continue through the vacation raise your right hands." Almost invariably she Qr be is unanimously and until thciJ.• successors are elected. elected. In just a twinkle the vke president is elected, but in each SEc. 12. The teacher is not a citizen or officer of the school republie, case, before the voting, 1 have the candidate come to the front, so the but instructor, guide, and friend, whose authority is not changed by little ones of the kindergarten. and first and second grades may see who the granting of this charter and whose sanction is needed to validate every action o! the school city. the candJda te is. Immediately 1 administer the oath of office to the president and vice ARTICLE II. OFFICERS, NOlliN.ATIONS~ ELECTIONS president, the same as the pledge of loyalty, except that the word SECTION 1. There shall be a mayor to see that the laws are obeyed, n " office" takes the plaoe of the words "American citizenship.." jndge to decide what is right and -what is wreng, and a president of PRESIDENT APPOINTS OFFICERS the ~it:,r eouncil to preside o-ver the meetings 'Of the city council. All the citizens shall be members of the council. Except among children who Instantly the pr~i.dent, -with the approval of the prindpal, appoints can not write, there shall be elected a clerk of the council, a city clerk .a eb1ef justice, secreta.~:y und. A. judge, God being my helper." - three clerks--city clerk, clerk of cooncil, and clerk of. court-and n .A.lrrlCLlil Ill. RE.A.DERB sheriff to attend to the decrees of the court, nre elected. This can g~­ SECTION 1. The mayo~ shall app(lint five readers who Shall lead all ernlly be accomplished In !from t.l:rree to liTe minutes a.nd serv~s as a the citizens in reading slowly and thoughtfully once each week on dlt~ pattern for all the other rooms in the building. ferent days the following documents: First reader, Preambles of the tCQllstttutl.on of tL~ United S:tates and of tirls charter, nul the code of C~ OF ~Hlll SCHOOL Crl'Y· •COnduct, Monday; .second reader, 10 commandments of American e.iti· P.&EAMB!All OR KEY zenship, Tuesday; third reader, pledge of loyal citizenship, Wednesday; This cllartar .is granted a.n.d accepted with tae understanding that fourth reader., deelaratiml af principles, Thor. dny; fi.ttb. reader, inter· the Bpirit of .t.M Constitution of the United States :is expr~ssent must be in .ARTICLE IV. D.!ILY R.EADI.NGS accrder to form :a more perfect begnn -and developed in childhood; that .responsibility .aeeepted and Union, establish justice, insure tlomestlc tronquillity, provide for the discharged under campetent instruction 1B the m~t foreefol educational -common def-ense, promote the ~ner.al welfare, .and secnre the blessings means that exists; that .a principal problem -of moral and .civic training of liberty to ourselves and our _posterity, do ordain an.d establish thi8 is to provide respon.sibilities to he ca.rr.iro by the pupilil ; that to pro­ ~titntion for t.be United States of America. vide tb.at aJl wbo will 'have the ~.t to v.ote shall do so .ha.bituaHy, CODE OF CO~DUCT loyally., and judicially it ia desirable, if not necessary, that the habit CHAPTER I.-COXSTR-GCTION AND .PROHIBITIO.:-l' shall be started in early ehil.dhood .and developed and oonfirmed througb­ SECTION 1. " Whatsoever ye would that men should do to you, do' ()ut the school a.nd college career; tba.t tea£h1ng is a chief fu.netion ot y~ even so to them." All Iaw.s .and regulatio.ns must conform to m.ost of the transactions of human life and should be taught J.UactleaJl)' this law. from the begin:a.ing to the end of ~very per.son's ednca.oooal course ; thu Do no wrong to anyone. frequent repetition ot .right thoughts and actions .is a neeessa.r_y -element Or.der in p.roduci.D,g right hAbits and good .character. SEC• .2. Pe.ac.e.,. order, and cooper.aJ:ion for every good purpa.se must be ABTICLE I. OB.TECT~ NAME, TERlt"ITOltY~ CtTIZJ!NS~ PowEns maintained.. SECTION 1. Tbe object or this school city is to traln the citizens in Anything which disturbs the order in balls, classrooms, er in any the practice or the golden rule, independence of character, teaching, ' place within tlu! jurisdictiDn nf this .government is prohibited. cooperation for every good purpose, and all duties of citizenship, in SEC. 3. The expression of good, pur~. kind, an.d constructixe thought scboo1, at home, ana everywhere. ; must be encouraged. SEc. 2. The na.me of the .school city snail be determined by a majority .A.nytbing which is pl'.Ofa.ne~ rud~. immodest, tmpur~ dmpolite, or of tbe cltlzeru~ at the time tbiB charter is adopted or as soon after as Ullkind to 1lllY li'ving creuture i1J prohibited. convenient. · Clewiaus SEc. "3. The territory of thls school city l.s the school, and so much SEC. 4. Cleanliness, neat»ess, beanty, -and ~rderly ·appearance must of the district in which the pupils live as is not otherwhle provided for. be ~cooraged. SEc. 4. All individuals who are or shall be pupils in this schoolroom Anythblg whiCh detracts :ft'(}m the neat and orderly appeaTance of division shall be citizens ot this 11choo! city, with ~a1 rights. If two our oommurot:v is 'Pl'O.hi'Dit~. -or mor.e dlvisions oeeupy the same :room but .at -different ttmes, each Health may be a separate school city. SEc. 5. H.ea.lthful condillons and actions must be encouraged. SEC. ~. All eitizens Wll make the follO"Wing pled~ of loyalty: "'' I Anytbing which aetracts from the healthful condition (Jf .our com.. solemnly promise that I will .sn]}PMt .and defend the Constitution

CHAPTER II.-DUTIES ment to an that is good, and to maintain equal ~ights f.or all and SEC'riON 1. Every citizen is in duty bound to call the attention special privileges for none. of the authorities of this government to all known violations of the We are responsible citizens, and the flag of our country is our symbol laws. of service and cooperation for the good of all mankind. We want to be true to the citizenship of our country and will show our love and CHAPTER III.-PUNISH:\IE~TS loyalty by our industry, our efficiency, our friendliness, by looking on SECTION 1. Any citizen violating any law of this government shall the bright side of things and not on the dark (except to help correct be subject to punishment not less than a reprimand and not greater them), and by our good works. than the withdrawal of the rights of citizenship. Punishments must Our country asks us to live for her and the good of all, and so to be inflicted to discourage wrongdoing, not to proe them do to you, for country, and all together in the Children's International State, and this is the law of God and the spirit of the Constitution. to help support and develop this movement in every way in our power. IV Thou shalt live in accord with the Constitution in childhood, in THE GOOD CITIZENS' CREED the same way that is desirable in adult life, for child life is the real (Written by Frederic R. Kellogg) life, and determines what adult life shaH be. To be good citizens of the United States and of our School Republic, v WE MUST KNOW Tllou shalt vote in every election for which thou art qualified, as this is necessary for the defense of our Government. Fil'st. That the Government of our Nation, our State, and our city VI is our Government. Thou shalt assist in making good laws and in enforcing them, as Second. 'That we are responsible and are bound to see that every long as they are laws, whether thou likest .them or not, as this is branch of our Government is good, clean, honest, and intelligent. necessary for the preservation of our Government. Third. That we can not expect good government of any kind unless VII we, the people, make it so. Thou shalt assume responsibility whenever practicable, for re­ Fourth. That graft in any form Is a blow against the life of sponsibility is the most forceful means of education which exists. democracy. VIII Fifth. That we must see to it that good laws are made. Thou shalt learn to teach, for this is salesmanship, which is a neces- Sixth. 'l'hat we must obey all laws, whether we like them or not, as sary element of successful life. ' long as they are valid. · IX Seventh. That the Constitution of the United States is the supreme Thou shalt not say unto any child " Thou art a tattletale. Tell on human law of government and of conduct for every American citizen thine own self, but not on others," for this foolish phrase protects from birth till death. and develops crimilial tendencies, and causes the prisons to overflow WE MUST VOTE wlth criminals. First. In every election for which we are qualified. X Second. ~·or honest persons only. Thou shalt not tolerate graft or any other form of. dishonesty, as Third. For ablest and best persons only. this is a deadly enemy of civilization ; and WE MUST FIGHT Thou shalt fight the enemies of our country and of our dvilization. First. Graft and dishonesty in every form. These are the chief enemies : Failure to obey the golden rule ; graft and dishonesty of every kind ; the habit of neglecting to vote; the Second. Every kind o! disloyalty to the Constitution and our form of govern.ment. idea that citizens should obey only such laws as they approve; the Third. The habit o! neglecting to vote. thought that if we neglect our duties as citizens, others will see to it that our Government is well carried on ; stupidity in public affairs ; Fourth. The idea that citizens need to obey only such laws as they approve. and, worst of all, monarchy in school administl'ation or government, which develops disloyalty to the Constitution and fosters criminal Fifth. That the thought that if we neglect our duties as citizens, tendencies. others will see that our government is well carried on. Sixth. Stupidity in carrying on public business. PLEDGE OF LOYAL CITIZENSHIP Se.enth. Wastefulness in spending the people's money. Recognizing in some measure how great a prh·llege it is which bas WE MUST VENERATE been granted to us, that we shall be trained as responsible citizens of The memory of. Washington, Franklin, Jefferson, Lincoln, and of all a democratic Republic under the Constitution of the United States true American patriots. rather than as irrespon ible subjects of a monarchy, we solemnly prom­ WE MUST LOVE ise that we will be loyal, obedient, and faithful to every branch of our Government, from that of the United States of America and our Our country's flag, the symbol of the golden rul~ which is the spirit State or other established government, to our own local sChool repub­ of our Constitution as well as the law of God. Hc, and to all authority that is lawful; that we will endeavor to make ARTICLE V good laws and to obey them; that we will use our best judgment in SECTION 1. 'This charter having been granted by competent authority . choosing officers; that we will perform the duties of office to the be t of and accepted by a majority of the citizens, takes effect immediately. ~ur knowledge and abJUty when chosen to any office ; that we will Date- encourage and help OUl' offi cers without reference to the way our indi­ vidual votes may have been cast; that if summoned to appear In court ------, Mayor. we will comply and give every reasonable assistance to enable the ------, Teacher. judge to discover the truth and to arrive at a just decision, whatever • • • • • • • our relation may be to the ca e; that we will abide by the judgment I am sure that my thoughtful colleagues and all others who of our court when approved by the teacher or other authorized adult ha\e studiously followed this remarkable compendium of patri­ officer of our school; and that we will, to the best of our ability, per­ otic, civic, and ethical principles of faith and action, as laid form faithfully all the duties of citizenship. down by Wilson W. Gill, who has given three decades of his noble life to the founding of the " School Republic," will agree DECLARATIO~ OF PRINCIPLES that seldom, if ever, has the CoNGRESSIONAL RECORD carried to The spirit of lo.ve and helpful kindness is in all normal young chil­ the public a richer contribution to the basic building of our dren. We must encourage and help them to develop this spirit for national life. their own welfare and happiness and for the good of all. School boys and girls should be encouraged to study and All must work together to make an end of tyranny and of crime of assimilate these principles with eYen more eagerness than they e>ery sort, to put restraint upon all that is wrong, to give encourage- deYote to their daily lessons.

• 10972 CONGRESSIONAL RECORD-HOUSE JUNES Having spoken myself to nearly 4,000,000 students in school man to his fellow men. Thls misunderstanding then results in wrong since I got off tJ:ie bed, where I stayed for seven years, teaching motives. them to stand up and repeat the daily motto of my life, " Let I speak of misunder tanding and wrong motives not with any feeling nothing discourage you ; never give up," I feel that I now have of aiitagonism but only to show that they prevent the human rae~ for the youth of America a new impact of inspiration for them from enjoying the happiness it seeks. to become builuers and guardians of the Nation through the To the extent that people m1sunderstand, their motives will be wrong. thrilling constructive influences of the " School Republic." If their motives are wrong, their actions wlli accordingly be wrong. Wrong actions or conduct certainly can not bring happine;;;s. COUMERCIAL UNION ASSURANCE CO. (LTD.) The misunderstanding to which I refer consists of the belief that a The next business on the Private Calendar was the bill (S. person is a separate being, apart from and l11dependent of all other 107) for the relief of the Commercial Union Assurance Co. beings in the world. That belief is wrong. Men must recognize that (Ltd.). the welfare of the whole world is their welfare, that the gootl of all The Clerk read the title of the bill. humanity is their good. The SPEAKER. Is there objection to the present considera· It Is a foolish blunder for people to believe that they can think tion of the bill? of themselves only, and act without regard to others. There was no objection. The enjoyment of justice and happine ::~ s is delayed because men 'I he Clerk read the bill, as follows: strive for personal advantage instead of se king what is be t for all. Be it ena"tedJ etc.J That the Secretary of the Treasury be, and be is The advantage which men seek for themselves is generally, either hereby, antborlze

• .. 1926 CONGRESSIONAL RECORD-HOUSE 10973 foolish actions. A common weakness of the human t'aee is the intense The principle of justice is universal in its operation. 'l'o the extent desire to be called clever, and in order to procure that empty praise that it is understood and appreciated by us it is recognized as the rule there are some who will do almost anything. We have all observed of right. Only when we turn our thought earnestly to the task of dis­ men with the burning desire to be called smart resort to the most covering the rule of right as applied to the problem before us, dt> we indefensible tactics, bell ttling some fellow man and wounding his feel­ increase our understanding and appreciation of justice. ing , and yet in doing so they have accomplished nothing to make truth If we are thinking of ourselves, of how proper or clever is our con­ clear or to increase human happiness. Eager, however, to hear them­ duct, we are then certainly not keeping our minds on the search for the selves called clever, they care nothing about the injury they may have principle of right involved In the subject before us. done some one else in order to gain that empty reward. To the extent that we allow considerations of self to affect our Another form in whieh v:mity .shows itself is the desire to be con­ thought while we are trying to determine the right of any matter before sidered 'thoroughly informed. us, just to that extent will our thinking be unsound, and therefore In order that they may gain the reputation for being widely in­ useless. formed men will strenuously try to uphold a wrong position which they The only true happiness is the feeling of harmony which comes from may have taken more or le s by chance. Manifestly, of course, people the consciousness of being right, not in trying to make the world believe should be concerned about finding the truth, even if it be necessary to we are right when we are wrong. confess themselws entirely mistaken in regard to what they first Before the light of truth error can not remain. It must vanish like thought to be right. fog under the warm rays of the sun. When men look serenely through Another pose, somewhat different from the one intended to show the mist of erroneous ideas and see the true, the real, in all its great information, is one calculated to show great natural intelligence. splendor ; when they e:tperience the joy there is in the oonsciousness of Some may, in fact, brag as to how little they investigate any subject the activity of the law of right; then will they govern their thought and claim that their native intelligence is such a.s to enable them to and actions according to the principle of justice and truth instead of penetrate instantly the mo~ t profound mysteries. seeking happiness through .selfishness. Perhaps in other cases the mask that such a person puts on will be The individual must realize that, in truth, he is a part of society, one intended to give the lmpre sion of great earnestness in order to a part, indeed, of all life and not separate and independent. He must enable him to acquire genet·al confidence. realize that he can live happily oJ!ly by appreciating the fact that Another man constantly tries to appear extremely diligent and in­ he is a part of the whole and is governed by the principle that governs dustrious, and consequently he is always in a state of fevered activity, the whole, or, in other words, is subject to the la.w of right. The however fruitless that activity may be. effort of a person to live witbout regard to the welfare of the rest We all agree that it is praiseworthy to stand alone, if necessary, for of the human race is like the work of a mechanic who is hired to install what one believes to be right, but there are some who, in order to be the plumbing in a new building and who disregards the plans and con picuous, take the side of a question opposite to others because they specifications .of the architect. The result is trouble and confusion. believe that in so doing they are showing force of character. The plumber's work is a.ll wrong. It disregards the law of harmony, They fail, apparently, to understand tnat there is a wide ~erenee t.he plans laid down )Jy the architect, and illustrates the evil which between contrariness or stubbornness and force of cha1·acte:r. Otb~rs results when man act for what they imagine is t~ir own advantage believing that it shows great courage to storm and roar in discussing only, instead of acting according to principle, according to the law any question that comes up, whether important or not. Courage, of right-for the good of all, including themselves. however, i not bluster but is the quality which causes one to stead­ The issue, therefore, to-day, as always, is between principle and fastly adhere to a principle concerning which he has real and sincere selfishness; between the true and the false ; between right and wrong. convictions. This is the constant issue. It is unfot'tnnate that many of those who take part in public a.tialrs HELEN M. PECK are more int&ested in the impt·ession they mn.ke upon others than in the betterment o! the conditions of humanity. They speak upon this The next business on the Private Calendar was the bill ( S. subject and that, but they are always looking out of the ()()rners of 466) for the relief of Helen M. Peck. their eyes to see whether or not they are being admired. The Clerk read the title of the bill. Political parties, writers, and others who take part in public aft'airs The SPEAKER. Is there objection to tbe present considera ~ are continu:illy looking fo:r an issue, but when the real issue eonfroDts tion of the bill? them they promptly avoid 1t. They do not want a.n issue, but are There was no objection. looking for a basis of dispute which will enable them to gain for theJD... The Clerk read the bill, as follows : selves what they believe to be an advantaga. Be it enacted, etc., That the Secretary of the Treasury is authorized Let me illustrate what I mean. An article appears in a. newspaper and di:rected to pay Helen M. Peck, out of a.ny money in the Treasury to the effect that the grass in the parks is being tramped out by pedes­ not otherwise appropriated, the sum of $230.50 in full satisfaction of trians and that it should be stopped. Immediately you find a Jot of all claims fD:r dama~es sustained on January 20, 1921, through the loss men who suddenly discover that they have always favored protecting of two horses and two packsaddles while in the use of the National the grass and so they loudly advocate a "keep olf the grass" policy. Park Service at Grand Canyon National Park. On the other hand the newspaper may be insisting that the P1J.rk~ The bill was ordered to be read a thitrd time, was read the should be free to the people and then those eager for publicity, at once third time, and passed. denounce indignantly the injustice of denying the people the free use A motion to reconsider the vote whereby the bill was passed of their own property. was laid on the table. In another ease, perhaps, some as ociation claims that certain peo­ ple are discussing ideas which the association says are dangerous. BTEllfSHIP "SAN LUC.AB" At once we find a so-l·alled leader of public opinion calling a neighbor­ The next business on the Private Calendar was the bill (S. hood meeting where he boisterously Insists that tho e discussing 1728) for the relief of the owners of the steamship San Luc.a11 ideas not held by everybody else, be either put in jo.il or shot at and of her cargo. sunrise. The Clerk read the title of the bill. · One political party, perhaps, denounces the other party for failing The SPEAKER. Is theKe objection to the present considera· to secure justice to labor and the farmer. All parties declare their tion of the bill? interest in the laborer and the farmer, but because they might dis­ There was no objection. please certain interests, t 1ey fail to offer any remedy based upon The Olerk read the bill, as follows : fundamental principles, which will assure them fair treatment. Be it enactea, eto., That the claims of the owners of the steuznghip Every legislative body has some members whose principal concern San Lttcar and the owners of her cargo for damages arising out of is to show their importance. If such a member happens to be a collision between said steamship and the U. S. S. Tonopah, which lawyer, you will .ob erTe him either watching for an opportunity to occurred on or about February 18, 1019, in the Tagus River, at show his familiarity with legal authorities and technicalities, or else Lisbon, Portugal, may be ubmitted to the United States District be will be trying to display the sharpness of his tongue. Court for tbe Eastern District of New York, under and in compliance I have given examples enough to illustrate the methods and means with the rules of said court sitting as a court of admiralty; and that used to obtain per onal advantage, to promot~ what is mistakenly the said court sha.ll have jurisdiction to hear and determine the whole believed to be self-interest. controversy and to enter a judgment or decree for the amount of the My purpose in discussing such methods at some length is to show legal damages sustained by reason of said collision, if any shall be their usefulness, since the first step in the establishment of the truth found to be due either for or against the United States, with costs, is the exposure of that which imitates the truth. upon the same principles and measures of liability, as in like cases The ca.uge of justice, so es. ential to general happiness, is too impor­ in admiralty between private parties, and with the same rights of tant to be betrayed and neglected in order to satisfy personal greed appeal. vanity, envy, jealousy, or malice. ' SEC. 2. That should damages be found to be due from the United The ascertainment of the principles of justice, of the true laws of States to the owners of said steamship San Lucar or to the owners of life, and the nature of good justify the most patient investigation a.nd her cargo, the amount of the final decree or decrees therefor shall serious discussion, be paid to said parties or to tbeir proctors of record out of any , 10974 CONGR.ESSIONAL RECORD-HOUSE JUJ\TE 8 money in the United States Treasury not otberwl~e appropriated : H. R.12266. An act to amend the act entitled "An act for Provided, That such notic~ of the suit shall be given to the Attorney the retirement of public-school teacher , in the District of General of the United States as may be provided by order 9f the Columbia," approved January 15, 1U20, and for other pUI·poses; said court, and it shall be the duty of the Attorney General to cause and the United States attorn<'y in such district to appear and defend H. R. 7943. An act far the relief o·f Mrs. G. A. Guenther, for the United States : Provided fut·tlter, That said suit shall be mother of the late Gordon Guenther, ensign, United States brought and commenced within four months . of the date of the pas· Naval Reserve. sage of this act. LEAVE OF ABSENCE With the following committee amendment: By unanimous con ent leave of absence was granted to Mr. St1·ike out, on page 2, lines 7, 8, 9, 10, 11, and the first four words SABATH, for H days, on account of important business. of line 12. SENATE BILLS S. 565, 4055, AND 42 6 1 The committee amendment was agreed to. 1\lr. MORROW. Mr. Speaker, I ask unanimous consent to The bill wa ordered to be read a third time, was read the extend my remarks briefly upon three Senate bills- . 4261, third time, and passed. S. 4055, and S. 565-reported favorably by me from the Com­ A motion to reconsitler the vote whereby the bill was. passed mittee on Public Lands and passed by the Hou e. was laid on the table. The SPEAKER. The gentleman from New l\Iexico asks EMILY L. HOFFBAUER unanimous consent to extend his remarks in the manner indi· cated. Is thoce objection? The next business on the Private Calendar was the bill There was no objection. (S. 590) for the relief of Emily L. Ho:ffbauer. The Clerk read the title of the bill. LlllfiTING THE CRE.A.TIO:s- .A. 'D EXTE SION OF FOREST RESE-RVES IN NEW The SPEAKER. Is there objection to the present considera- MEXICO AND A.RIZO~A tion of the bill? Mr. MORROW. Mr. Speaker, S. 565 has for its purpose There was no objection. limiting the extension of forest reserves in New :Mexico and The Clerk read the bill, as follows : Arizona. In my opinion, this is important legislation, as it Be it e11acted, etc., That there is hereby appropriated, out <>f any tends to keep the three departments of government more clearly moneys in the Trea ury not otherwise appropriated, the sum of within the functions intended by the Constitution of the United $10,000, which shall be paid by the Secretary of the Treasury to the States. said Emily L. Hoffbaue.r for all injuries and damages and moneys It was clearly intended under section 1 of the Con titution expended growing out of injuries and damages reCJ!ived on August 25, that all legislative power should be vested in a Congress of 1924, at Point Plea ant, N. J., caused by being struck with the the United States-a Senate and a House of Repre entatives; antenna wire and " fish " fastened to said wire attached to U. S. that legislation pertaining to the public lands should belong Navy plane IT7 while in official flight, consisting of wounds to the bead entirely to the Congre s of the United States. and body, the breaking of the left leg, and nervous shock to the said There can be no question but that the creation of fore t Emily L. Hoffbauer. reserves and the conserving and proper handling of the timber With the following committee amendment: thereon is a necessity in the arid States of the western part of the country. In order that moisture may be properly con­ Page 1, line 4, after the word "appropriated," insert the words served as well as the future timber that is needed, additional "and in full settlement against tbe Government." forest reserves should be created wherever nece sary; also for Page 1, line 5, strike out the figures " $10,000" and insert in lieu the purpose of protecting the headwaters and source of water thereof the figures "$5,000." supply for the streams of the Nation ; but this hould be done Mr. ARENTZ. Mr. Speaker, a parliamentary inquiry. by direction of Congress, after very mature deliberation. It The SPEAKER. The gentleman will state it. is said that much land, not forest in character, has been Mr. ARENTZ. I simply want to ask, Mr. Speaker, whether added frequently to the forest reserves in order to secure for tbe word " appropriated " can be used by the committee instead some interested livestock owners additional grazing land; as of the words "authorized to be appropriated"? to this evil I am not prepared to determine. This violation of l\Ir. UNDERHILL. It has been determined on various occa· the forest policy has been frequently. charged. The passage of sions that the Committee on Claims has the power of a.ppropria· this legislation corrects this, and place Arizona. and New tion. Mexico with the rest of the timber-reserve States, that no l\Ir. LEHLBACH. Mr. Speaker, I rise to suggest that the further forest areas be made except by act of Congress. second committee amendment, reducing the claim from $10,000, ISSUE OF PATENTS TO LANDS HELD UNDER COLOR OF TITLE as passed in the Senate, to $5,000, is rather crowding the mourners and rendering rather inadequate the amount to which Mr. Speaker, S. 4055, reported by me from the House Commit­ the claimant is entitled under the circumstances. tee on the Public Lands, has for its purpose the perfecting title Mr. UNDERHILL. Mr. Speaker, this is following the policy in many settlers residing upon land in the State of New Mexico of the committee, and if the gentleman will examine all other for a period of 20 years (and in some cases through their ances­ bills that have heretofore been reported by the committee, he tors and successors in title for 100 years), or dating back to will find that nothing in excess of this amount has been re· the time these lands were granted by the l\Iexican Government ported in two sessions. to certain subjects of that government for services rendered in Mr. LEHLBACH. 1 understand certain sums are allowed behalf of their government. for certain injuries, but has the committee taken into con· Under the Court of Private Land Claims, created 1\farch 3, sidera.tion. the fact that this woman or her husband has 1891 (which had for its purpose . the confirming of title to already spent $2,450 and that her condition, as certified to by citizens residing upon land and claiming title therein fer a the consulting physician, is such that at least an equal sum period of 20 years), many of these Ia.11ds were found upon Will be necessary to alleviate her condition, and that the surveys after the power of the court had ceased to function ; amount appropriated gives nothing for her permanent injury they were discovered to be beyond the boundaries of the grant or her crippled condition during the remainder of her life. confirmed by the court. Therefore their title was still unper­ Mr. UNDERHILL. We found upon inquiry, Mr. Speaker, fected and lacked confirmation. that this amount was satisfactory to the claimant. The purpose of S. 4055 i to place title in all such bona fide Mr. LEHLBACll. That is not what the claimant whose holders. Congress believes that they hould get a. clear title to bill I am handling has informed me. their lands where mineral is not known to exist and that no l\Ir. Ul\TDERHILL.· If the gentleman wants to take his unjust handicap be imposed, as was intended by the propo ed chances on an amendment increasing this amount, with the departmen~ amendment, which I here quote: assurance, so far as I can assure anybody, that he will get Provided ftwther, 'rhat all coal and minerals contained in the land nothing-- are hereby reserved to the United States; that said coal and minerals 1\Ir. LEHLBACH. The point is I am simply opposing the shall be subject to sale or disposal by the United States under applicable House committe·e amendment. leasing and mineral land laws; and that permittees, lessees, or grantees of the United States shall have. the right to enter upon said lands for ENROLLED BILLS SIGNED the purpose of prospecting for and mining such deposits. Mr. CAMPBELL, from the Committee on Enrolled Bills, reported that the committee had examined and found truly It was fair to the Government and to the settlers that such enrolled bills of the following titles, when the Speaker signed provision be not placed in the bill. Government restrictions in the same: this respect are becoming a menace in my State. It is stated H. R. 3833. An act to amend section 204 of an act entitled that the Federal farm-loan bank is refusing loans upon the "An act to establish a code of law for the District of Co­ theory that lands with reservations as to oil, ga , and coal are lumbia," approved March 3, 1901, and the acts amendatory not desirable security, on account of the uncertainty of title in the1·eof and supplementary thereto ; the holder ; that lack of title to lands which include oil, gas, \

1926 CONGRESS! ON AL RECORD-HOUSE _10975

coal, and so forth, is not a safe investment .for a Government I General loan as to the value of the real estate subject to such reserva­ Land Number or volume Area of tions in the land. Name under which grant was made Office and page of pat­ grant in The Commissioner of the General Land Office states that docket ent record acres there are many small holding claims on the Rio Grande River, No. N. 1\Iex., to which title has not been secured by the claimants. ' This measure is general as to all such claims held within the Fernando de Taos______191 48214-·------1, 817. 24. Francisco Montes Vigil______128 Vol. 24, p, 421----- 8 253.74 State of New Mexico, and all settlers who are residing upon Gijosa __ .______109 2!355------16,365.451 land held under color of title for a period of years (as set Ignacw Chaves______96 Vol. 24, p. 384_____ 47, 258.71 :torth in this bill) ought to take advantage of this law and Jose Manuel Sanchez Baoa______129 Vol. 577, p. 320____ ~. 530.60 uan Bautism Valdez______113 342197 ·--·------·- l, 468.57 secure title to their lands. uan de Gabaldon______65 Vol. 2£, p. 392_____ 10,690.05 The law as approved is herein inserted for the information Juan Jose Labato______164 Vol. 26, p. 299_____ 205,615.72 of claimants who lack title to their land: La Majada______168 21394______54,404.10 Lode Padilla______183 Vol. 757, p. 37 _____ 51,940.82 That whenever it shall be shown to the satisfaction of the Secretary Los Cerrillos______59 Vol. 23, p. 514----- 1,478. 81 of the Interior that a tract or tracts of public l~d not known to be Louis Jaramillo or Agua Salada______103 89313------~----- 10,693.98 mineral in the State of New Mexico, not exceeding in the aggregate Lucero de Godoi or Antonio Mar- tinez .. ~------·------· 116 Vol. 22, p. t______61,605.48 160 acres, has or have been held in good faith and in peaceful, adverse M. and S. Montoya ______• 100 970079_.______2,967. 578 possession by a citizen of the United States, his ancestors or grantors, Nicolas Duran de Chavet______155 Vol. 593, p. 24_____ 39,837.67 Nuestra Senora de la Luz de las for more than 20 years under claim or color of title, and that valuable Lagunitas______101 Vol. 26, p. 51L____ 47,196.496 improvements have been placed on such land or some part thereof bas Nuestra Senora del Rosario, San been reduced to cultivation, the Secretary of the Interior may, in his Fernando y Sahtiago______167 Vol. 577, p. 140____ 14, 786. . 58 Ojo Cabliente______77 Vol. 18, p. 414_____ 2, 2R 98 discretion, upon the payment of $1.25 per acre, cause a patent or pat­ Ojo de Borrego______118 &42198______16,602.40 ents to issue for such land to any such citizen : Provided, That where Ojo de San Jose______171 24n03______4, 340.278 the area or areas so held by any such citizen is in excess of 160 acres Pacheco______163 317643______58L 29 the Secretary may determine what particular subdivisions, not exceed­ Pajarito-~4·------·--···-----·--· 157 444\104______28, 72!.22 Petaca_ ___ ------105 152137 ------· ____ 1, 392. 10 ing 160 acres in the aggregate, to any such citizen may be patented Piedra Lumbre______73 Vol. 26, p. 459_____ 4.9, 74T. 89 hereunder: Provided jurther That the term "citizen" as used herein Plaza Blanca______H8 444903 ______._ 8, 955.11 1 Plaza Colorado ______4··------·-- 149 Vol. 593, p. 5______7, 577.92 shall be held to include a corporation organized under the laws of the Polvadera_------131 Vol. 26, p. 67 ______35,761. 14 United States or any State or Territory thereof. Pueblo o{ Laguna______175 89316.--~------17,328.91 Pueblo of Santa. Ana or El Rallcliito_ 100 84386------·-·----- 4, 945.24 Proof concerning the lands will be residence and impt·ove­ Pueblo of Santa Clara.------··---- 138 89314 •.• _.______490.62 ments thereon, the holding of title conveyed by others to claim­ Ptteblos of Santo Domingo and San 142 Vol. 577, p. 137 ____ 1, 070.688 ants, and such proof shall be made under the rules and regula­ Felipe. Rancho del Rio Grande·--·~------· 58 75870.------·-·---- 91,813.15 tions prescribed by the Department of the Interior. Refugio Colony______90 134452_.______11,524.30 RELATING TO PATE~TS ISSUED PURSUANT TO DECREE OF Salvador Gonzales______82 578809------200.82 San Antonio de Las Huertas •• ______144 Vol. 618, p. 38 • ._... (, 763.85 THE COURT OF CLAIMS San Clemente______67 89310------37,099.29 San Marcos Pueblo______102 Vol. 22, p. 124..... 1, 895.44 Mr. Sp~ker, concerning Senate biU 4261, which \vas sub­ San Mateo Springs_------134 4040L------4, 340.276 stituted by the llouse Committee on Public Lands for Rouse San Miguel del Bado •• •------·------119 100378_,______5,147. 73 bill 12205, has for its purpose. the development of the min­ Santa Barbara.______114 Vol. 577, p. 132____ 31,084.70 Santa Cruz .• ~-----··------·-·-·"- 193 142822______4, 567.60 erals which by decree of the Court of Private Land Claims Santa Rosa de Cubero ...... a. 186 403727 ,._ .. ______1, 945.400 bad been locked up in the confirmation of and patenting of Santa Teresa______Ill 75869 •• ______8,478. 51 in Santiago Rarrrlnez______136 240894 ______.. _ 272. 168 private land grants New Mexico. This brings back the Santo Domingo de Cundiyo.______192 Vol. 28, pa 245 __ .. 2, 237. OS history of New Mexico, and its becoming a part at the United Santo Tomas de Yturbide Colon:r.~ l39 Vol. 489, p. 393.... 9, 622.34 States under the treaty (}f Guadalupe llidalgo in 1848, whereby Sebastian de Vargas______137 Vol. 26, p. liL____ 13,434.38 Sevilleta______95 Vol. 591, p. 17 _____ 272,193.88 many Mexican land grants that had been made by Mexico to Sitio de Iuana Lopet.______lM Vol. 23, p. 489 __ ._. 1, 085.53 dtizens for services rendered were without boundaries or con­ Sitio de Los Cerrillos ______•• _ 166 Vol. 23, p. 502 ... __ • 572.40 firmation of title and were situated within the territ'olttme Area of same, unless the grant claimed affected the donation or sale of such Name under which grant was made Office and page or pat­ grant in mines or minerals to the grantees, or unless 8\ICh grantee has becotne docket ent record acres otherltlse entiUed ther~to in law- or il'l equity; but all such mines and No. minerals shall remain the property of the United States, with the .,right of working the same, Which fact shali be stated in all patents Alameda.~------~------6991 764,682------h·---444902 ______9,346.00 issued undet tl1Ui act. But no such mine shall be worked on any 297.55 Alamitos or inan Salas._------­ 169 15Zl7L ______• I)ropel'ty oonfirmed under this act without the consent of the owner Antcmlo de Abeytia.------­ 721.42 Antonio Gutierres and Joaquin Sa- 187 89311------· 22,636.92 of a;uch property until specially authorized thereto b7 an act ot Con­ diDo. gress hereafter passed. .Antonio Sedillo ______------_--- 50 Vol. li93, p. 4 ______86,249.09 Arroyo Hond0------4·---- 159 Vol. 757, p. 27 ____ _ 20,629.38 Furthermore, each record of patent above mentioned contains A ngostura •• _-····· _a•--•------84 Vol. 577, p. 339---­ 1,579.48 Bartolome Fernandez ______'78 Vol. zS, p. 321----- 25,424.28 a provision which reads in substance as follows : Bartolome Sanchez._---_----_---- __ _ 188 444005------4, 469.828 That this grant shall not confer any right or title to any gold, Bernabe M. Montano ______49 -t0402- •••• ______44,070.66 silver, or quicksilver mines, or minerals of the same, but all such Black Mesa------170 Vol. 697, p. 376---- 19,171.35 Caja Del RiO------63 Vol. 22, p. 476----- 66,848.783 mines and minerals shall remain the property of the United States Canon de Chama ______11 Vol. 577, p. 124---- 1, 422. 62 with the right of working the same. Canada de Cochiti------·-·----­ 135 Vol. 28, p. 245----- Hl,112. 78 Canada de los Alamos.~---·-----·-·- 53 Vol. 22, p. 99--~-- 12,068.39 This apparently locked up these metals until Congress acted. Do ______-~------__ Canon de Carnue ______98 181964------4, 106.66 The purpose of S. 4261 is to let these mineral resources of the Cieneguill::L ______--· ___ • ______• 150115 52li284Vol. 28, ______p. 190----- _ 2, 000.59 Government be operated. As immense deposits of copper and Colony Mesilla ______a, 202. 79 86 89311------·------211628.52 other minerals have been discovered upon some of these grants, Cristoval de la Serna ______158 Vol. 28, p. 141----- 22,232.57 the bill •will prove a great revenue producer for the National Cubero _____ ·-______--_---_-- 114 Vol. 24, p. (109 ____ _ 16,490.94 Cu:ramungne ______• ______54 893(XI ______604. 27 Government, and it will bring a property value to the State Dona Ana Bend ColonY------·--­ 85 Vol. 591, p, 14----- 35,399.017 and to the owners of the surface of the land. It is proposed Z;ena Gallegos or Ranchos de Al- 184 48213------·------35, 084.. 78 upoa some of these properties to commence immediately develop­ buquerque. Felipe Gutierres or Bernalillo _____ •• _ 83 Vol. 24,p.573 •••••• 3, 404.67 ment with large capital and the employment of much labor Felipe TafoYO---···--·-----·-·-··-·· 99 Vol. 28, p, 88----·· 4340.23 in developing mines; this in turn means much for the com- I

10976 CONGRESS! ON AL RECORD-HOUSE JUNES munity in creating new industrial activity in the county and Mr. STRONG of Kansas. Mr. Speaker, ·under the leave to State. New property values will go upon the tax rolls to help extend my remarks in the RECoRD, I include the following : bear the burden in support of local and State government; rev­ BEGINNINGS OF GERMAN POTASH INDUSTRY enue will be turned to the Nation in the bonus paid upon pro­ The significance of potash as a. plant food, and hence its practical duction of a great resource heretofore dormant. This law to importance as a. fertilizer, were recognized in the sixties of the nine­ me means the starting of copper development in the State of teenth century through the classical work of Liebig and his associates. New :Mexico, which will soon place that State in the front .About the same period the large potash deposits in the Stassfurt region rank as one of the copper-producing State . I fE'el that in of central Germany were beginning to be exploited. The de>elopment assisting the able senior Senator from New Mexico (Mr. JoNES] of the e mines in their .early years was such that their output soon in the pas age of thi ~ legislation a very beneficial service has became far greater than any demand for potash fertilizer then ex:isting. been rendered the Government, the State, and the owners of This fact gave rise to a plan backed by all the owners of potash mines the property. to create demand by united efforts in dlsseminating knowledge in agri· EXTENSION OF REMARKS cultural circles as to the value of potash as a fertilizer. Iland in hand with this primary purpose went a de ire of cooperating in ration­ Mr. MORROW. Mr. Speaker, I ask unanimous consent, at alizing productron and distribution of potash. Cooperation was facill· R~presentative the reque t of a former in Congress, Mr. Rodey, tated through the physical conditions of the potash deposit . While to insert in the RECORD as an extension of my remarks a plan other deposits, such as coal, occurred in widely scattered regions, it Jmown as the "Rodey plan for a presidential preference direct happened that potash mines were, through a geological freak, largely primary law." concentrated on a small area. The SPEAKER. The gentleman from New Mexico asks Exceptionally favorable possibilities for efficient coordination of the unanimous consent to e.1::tend his remarks in the RECORD in the production and the marketing of potash were thus established. On manner indicated. Is there objection? the other hand, it was recognized by the Government that potash de­ Mr. UNDERHILL. I shall have to object, Mr. Speaker. posits constitute a source of a. commodity of vital nece sity to the ORDER OF BUSINESS farmer and of huge importance for the feeding of the nation. .A cer· Mr. LEBLBACH. 1\fr. Speaker, a parliamentary inquiry. tain mea ure of public supervision of potash production and distribu­ The SPEAKER. The gentleman will state it. tion appeared urgently needed in order to prevent exploitation of the Mr. LEIILBACH. When action on the Private Calendar was potash resources in the sole interests of the mine owners to the detri· suspended the House bad under consideration, there bein~ no ment of the people. Such considerations led to the conclusion of agree­ objection thereto, Private Calendar No. 441. When the Pnvate ments in 1884 between the mine owners and the State, whiCh provided Calendar is again taken up will that bill be the unfini bed for supervision of potash production and which created a. common mar­ business, there having been no objection to it when it was keting organization for potash, to be known as the pota. h syndicate. called? WIIAT IS THE ROLE OF THE STATE IN THE POTASH SYNDICATE? The SPEAKER. The Chair would think it would be the The so-called potash laws were promulgated in 1910 and 1919, and unfinished business at the stage it had reached. they place the super-vision of the potash industries in the hands of the 1\Ir. LEHLBACH. 'Vith the Bouse committee amendment " potash council," a representative body in which delegates of the pending? farming interests, of the industries using potash, of the workmen of The SPEAKER. The Chair thinks so. the mines and of employees of the industries, of the potash research THE GERMAN POTASH INDUSTRY institute, participate equitably, together with repre entatives of the Mr. STRONG of Kansas. Mr. Speaker, I ask unanimous mine owners and the potash syli'dicate. Three of the 30 members consent t9 extend my remarks in the RECORD by printing a of the council are appointed by the States, which own altogetber some· statement regarding the organization of the potash industry what less than 10 per cent of the pota h mines. in Germany and the Government's control thereof, which per· The present law originated in 1919, a period when Bolsbevlstlc mitted the largest possible manufacture of potash at the lowest tendencies threatened the very foundation of the German industries, and it was designed to safegua1·d the potash industry alike against possible co t. 1\fl'. UNDERHILL. 1\fr. Speaker, that has nothing to do with Bolshevistic scheming and exploitation through the mine owners against pota h in the United States or anything over which we have the public interest. .At the same time the law includes regulations any control, and I shall have to object. concerning working conditions in the mines and in the indu.,tt·y for the protection of workmen and employees. It repeated essentially the 1\fr. S'l'RONG of Kansas. If the gentleman will "ithhold his objection, I would like to say it does have a relation to regulations of the former potash law calculated to make all the mines it, because it permits the importation of potash into this coun­ combine in a. common educational campaign for the use of potash as a fertilizer and in making potash freely available through a common sys­ try to oe used as fertilizer here at a low cost, and I think the statement "ould be interesting to the membership of the House. tem of marketing. The duty is imposed on the syndicate to sell potash :Mr. BLACK of Texas. Reserving the right to object, Mr. cheaply to the home farmer, and, as mentioned before, this obligation automatically had the effect of giving the benefit of low prices to the Speaker, by whom is this statement? Mr. STRONG of Kansas. The statement ts by a gentleman foreign consumer. The creation of the German pota1:lh syndicate was who has looked up the subject and has prepared the statement in a way an experiment in economic policy calculated io prevent, for the benefit ·of the public, the evils of unchecked private exploitation for me and given it to me. .l\Ir. BLACK of Texas. What is the length of the statement'/ of a public commodity. The experiment was succes. ful, viewed from l\Ir. STRONG of Kansas. Probably a page and a half of the the standpoint of the public weal. The potash syndicate has abso­ lutely prevented any possibility of " cornering" the potash market to RECORD. Mr. BLACK of Texas. I ha-ve no objection. the detriment of the farmer. l\Ir. ARENTZ. If the gentleman will yield, does the gentle· PUBLICITY CAMPAIG~ OF THE POTASH SYNDICATE man think it \Yill help the production of potash or promote the The manner in which the prime task of the potash syndicate-that potash industry in the ·united States? . of increasing demand tor potash-has been achicv<'d Js a rna tter of l\lr. STRONG of Kansas. I think it will give some lnfor· historic record. The amount of potash minerals produced at the mines mation to the Members of the House which oerhans will be of and used as a fertilizer or as raw material tor the mAnufacture of uenefit in bringing cheaper fertilizer to the farmers of the potash fertilizer amotmted to less than 1,000,000 tons in the rhrbties United States. and ro e, mostly through the publicity work of the synuicnte, to over Mr. ARENTZ. The gentleman from Texas is very much in- 3,000,000 tons at the close of the century, and in 1013 to o\et· 10,000,­ terE:'sted in that, because he has the greatest potash deposit in COO tons, corresponding to over 1,000,000 tons of pure potasb. the world in his State. The publicity campaign which has been carried on by the syndicate Mr. BEEDY. Reserving the right to object, what is the name ever since its foundation is educational in the highest s<>nse of the word. of the man who wrote the article? It appeared a gigantic task to educate million of farmer , who had l\lr. STRONG of Kansas. I have the prepared statement never before k-nown anything of the value of pota ·h in agriculture nnd here, and I do not care to state that. most of whom were unacquainted with artificial fertilizers In any Mr. OLDFIELD. Reserving the right to object, Mr. Speaker, form to the systematic use of potash. The task could not have been is tbis man a Government official? accomplished without enlisting the help of agl'icultural ·colleges and of :Mr. STRO~G of Kansas. No, sir. the leading agricultural societies. These bodies receive subsidies from Mr. OLDFIELD. Tbe gentleman does not want to give his the syndicate for the purpose of carrying out systematic investigations name? · as to the best methods of using pota h fertilizers and the quantitative Mr. STRONG of Kansas. No. needs of potash of various crops and soils, and the result of these in­ Mr. OLDFIELD. I will not object. vestigations were distributed to farmers throughout the world by the The SPEAKER. Is there objection? potash syndicate. The potash syndicate endeavored consistently to give Then~ was no objection. to the farmers nothing but scientifically established facts, and it advo- 1926 CONGRESSIONAL RECORD-HOUSE 10977 cated the use of potash only in those cases and in those quantities in The reduction of the price of potash at the mines has been somewhat which methodical scientific testing had proved it to be profitable. An counteracted through an increase of the cost of German railroad trans~ agricultural research departmt-nt was affiliated from the first to the portation, particularly trans-Atlantic freight, and through the increase syndicate; lt was gradually enlarged and supplemented by an institute of packing material (bags), over which, of course, the potash syndicate for potash research. These rt-search departments of the German has no control. The following table shows how these costs have potash syndicate issue publications which are addressed exclusively increased: to scientists and teacpers of agriculture, and among the men associated Trans-Atlantio freights from German ports with this research some of the best names ln international agriculture are to be found. Per ton P. T. 0. prices of It may be claimed without any fear of exaggeration that this edu­ bags cational work of the syndicate is directly responsible not only for the amelioration of agricultural yield but for the intensive cultivation of 1914 average_. ______---____ ------___ ._------.. $2 A. bout 19 cents per thousands of square miles of marshy and sandy soils which had been bag. 1924 average ______------______------____ . ______$3 About 22 cents per considered waste land before the advent of potash. bag. 1925 average ___ . ______. ______------______METHODS USED BY THE SYNDICATE FOR THE RATIO~ALIZA'riO~ OF POTASH $3 About Z7 cents per bag. PUODUCTION AND DISTRIBUTIO~ Increase (about) ... ------per cent__ 50 110. In order to accomplish the ultimate aim of increasing the use of potash by making it freely available to the farmer at lowest prices, it Lately trans-Atlantic freights have risen to $3.50 and even $4.50 per was necessary to promote the economical exploitation of potash mines ton ; that is, to about twice the pre-war figures. to the highest pos ible degree of efficiency. This was accomplished by '.rhe reduction of the price for muriate of potash c. i. f. American concenh·ating potash production to those mines which could be most ports to $34.55 for 2,000 pounds in Hl24, against the price of $39.07 economically worked, and by discontinuing the exploitation of potash in 1914, has thus only been pos. ible through the most rigid economies deposits showing less favorable possibilities for economic working. It in methods of production, as the same period witnessed an enormous never has been the policy of the syndicate to restrict production in increase in the cost of labor and practically every material entering . order to raise prices. Production is always being maintained to the into the production of potash, as shown in the following table : full measure required for fulfilling any need of agriculture and in­ Inorease of material ana of labor entef"ing into the produotion of dustry and sufficient reserves are available at any time to avoid the . Gernum potash from 1913 to 1925 possibility of even temporary shortage. Economy in marketing of Per cent • potash is being brought about through a consistent encouragement of i£

LXVII~9~ 10978 CONGRESSIONAL RECORD-HOUSE JUNE 6

The wholesale prlees in the United States of those farm crops, in UNITED STATES IMPORT OB' POTASH VERSUS EXPORT OF FAUll PRODUCTS tbe production or which potash salts are used as a fertilizer, have all It is not without interest to compare the value of the import of ·considerably increased since the same period as shown in the .follow­ potash salts to. the United States from Germany with thil value of the ing table: export from the United States to Germ.any of some important farming Wholesale prices (o. i. f.) of agrieultt,ral products in the Unitetl State3 products in the production of which potash plays an important rOle as of America a fertilizer. IMPORT OF POTASH TO THE UNITED STATES Increase The importations of potash to the United States amounted to- Pounds Year 1924 in per 1913 average cent from 1913: 212,765 tons (calculated as K20, American Fertilizer Hand­ 1913-1924 book, 1925). 192-i: 170,322 tons (calculated as K20, American Fertilizer Hand­ Cents C«1i.s Per cent book, 1925). Wheat, red winter ______60 104.02 142. 55 37 United States empoti of agricultural pt·oaucts to Germany Rye. No.2------56 MOO 100.62 52.5 Barley. ------48 63.96 94.33 47.5 1 26.63 46.75 75.6 Hops,Oats, No.3,I quality white ------1 ______Value in million 32 « . 33 59.56 34.4 reichsmark Corn, No.2, yellow------56 70.133 116.30 64.7 Potatoes .. __ ------220.5 221.00 368.00 66.5 Tobacco, Burley, med ------1 13.20 22.04 67 Cotton, middling, uyland ______1 12.83 28.75 124.1 1913 1924 Cereals ______The important r6le of potash fertillzer~in combination with fer­ 216.62 238.95 tilizing with nitrogen and phosphoric .acid compounds--as a factor in Flour .. ------~------.• ------1. 52 104.73 Cotton. ______-~-- · ------______.... ______. __ . ___ .... ______465.00 increasing agricultu:r.al yields forms the subject of very numerous scien­ Fruit ___ . ______------______-----______.-----___ _ 652.01 Animal products ______33.86 34.93 tific pu.blieatlons among the 1llilst valuable of which there are to be 223.11 288.44 mentioned those of the United States Department of .Agriculture. The following tJ·pical data are taken from Bulletin No. 137, June, 1924, of TotaL------941.01 1, 319.06 the University of Delaware Agricultural Experiment Station: Calculated in dollar value or United States export or agricultural prod- Increase of farm production through fertilizing with potash averages of ucts to Germany, 224,055,000 .. ------$314,810,000 e:rperiments wtending over 15 yeat·s Value of United States importation or Gecman potash, Hl24 •.• ------7, 700,000 - i. CORN This means that the import of German potash salts in 1924 was Bushels per acre only 2.4 per cent in value of the Unite{} States export of the above­ Yield of corn on unfertilized land------42. 9 Yield of corn on Janel fertilized without pota h ______. 48. 9 mentioned agricultural products to Germany. It is nndonbteation of the Increased yield through potash ______hundredweight__ 17. 21 soil, American industry of agricultural machinery and use of modern Cost of fotash fertilizer, about______$1. 26 equipment being unsurpassed anywhere. But tbe ditrerence is due in Value o the increased yield, about______• $7. 75 tbe first line to a more rational use of manure and fertilizer, and par­ ticularly of potash fertilizing material. 1 On the basis of a price of 57 cents. 2 On the ba is of a prlceeof 88 cents. In Germany the use of potash upon an a,'Ticultural area ot 'i•,.!o9,• • On the basis of a price of 45 cents. L 000,000 acres amounts to 700,000 tons K20 in United StateR, with an 1926 CONGRESSIONAL RECORD-- HOUSE 10979 I agricultural area of 478,4-:53,000,000 acres to 200,000 tons K20. This Referred to the Committee of the Whole House on the state of corresponds to a use by acre of ~0. the Union. In Germany of 10 pounds. Mr. HAUGEN: Committee on Agriculture. H. R. 9096. A In United States of 0.84 pound. bill to establish standard weights for loaves of bread, to prevent This data illustrates that an increase of importation of potash to the deception in respect thereto, to prevent contamination thereof, United States-which for potash from Germany amounts at present to and for other purposes;. with amendment (Rept. No. 1411). lP.ss than 200,000 tons K20-would lie in the interest of American Referred to the Committee of the Whole House on the state of farming production. the Union. The extent of the central European potash deposits is such that their 1\lr. LEAVITT: Committee on the Public Lands. H. R.10467. production can still be increased to a very large extent, sufficiently to A bill authorizing the city of Boulder, Colo., to purchase certain satisfy any demand which may be put upon them. A further increase public lands; with amendment (Rept. No. 1412). Referred to of the production of potash in these mines WQuld spell rationalization the Committee of the Whole House on the state of the Union, of mine exploitations with its accompanying advantages of lowering Mr. SWING: Committee on the Public Lands. H. R. 10612. cost of production. It has always been the policy of the potash syn­ A bill to withdraw certain public lands from settlement dicate to transfer the benefits of progre2s in production to the con­ and entry; with amendment (Rept. No. 1413.) Referred to Emmer of potash, and the fat·mers of Europe and America would reap the Committee of the Whole House on the state of the Union. the advantage of an increase of the consumption of potash in the form Mr. SWING:· Committee on the Public Lands. H. R. 11488. of both higher agricultural yields per acre and ptices of potash con­ A bill authorizing and directing the Secretary of the Interior to sistent with rationalized methods of increased production. sell certain public lands to the Cabazon Water Co., issue patent The German potash syndicate realizes keenly that its own interests therefor, and for other purposes; with amendment (Rept. No. are inextricably bound up with the interests of the farmer!} oJ. the 1414). Referred to the Committee of the Whole House on the world. The very size and quality of the German potash deposits and state of the Union. of the technical equ"ipment of the GPrman potash mines would render Mr. HILL of Washington: Committee on the Public Lands. foolish any policy of the potash syndicate wkich would aim at any­ H. R. 12064. A bill providing for a grant of land to the county thing else than the biggest possible increase of potash consumption as of San Juan, in the State of Washington, for recreational and a fertilizer throughout the world. The means which the potash syndi­ public-park purposes; with amendment (Rept. No. 1415). Re· cate will use to bring about this increase will be the same in the future ferred to the Committee of the Whole House on the state of the as they have been in the past-educational publicity as to the use of Union. potasb and free availability of potash at the lowest prices consistent Mr. COYLE: Committee on Naval .Affairs. S. 569. An act with the cost of production. An increase of the use of ·potash fer­ to authorize the transfer of surplus books from the Navy De· tilizers and the means which the syndicate uses to attain it lie in the partment to the Interior · Department; without amendment interest of farming, as well as in those of the potash syndicate. This ( Rept. No. 1416). Referred to the Committee of the Whole happy identity of interests between a large national industry and inter­ House on the state of the Union. national farming may prove to be a step, be it ever so small, toward l\!r. WILLIAMSON: Committee on Indian Affairs. S. 1613. that peace on earth for whicb intelllgent men in every nation are striving. An act setting aside Rice Lake and contiguous lands in Minne­ sota for the exclusive use and benefit of the Chippewa Indians ADJOURNMENT of Minnesota; without amendment (Rept. No. 1417). Referred Mr. TILSON. Mr. Speaker, I move that the House do now to the Committee of the Whole House on the state of the adjourn. Union. The motion was agreed to; accordingly (at 5 o'clock and 20 minutes p. m.) the House adjourned until to-morrow, Wednes· day, .June 9, 1926, at 12 o'clock noon. PUBLIC BILLS AND RESOLUTIONS Under clause 3 of Rule XXII, public bills and resolutions were introduced and severally referred as follows : COMMITTEE HEARINGS By Mr. TAYLOR of Colorado: A bill (H. R. 12698) granting Mr. TILSON submitted the following tentative list of· com­ the consent of Congre s to compacts or agreements between mittee bearings scheduled for June 9, 1926, as reported to the the States of Colorado and Utah with respect to the division floor leader by clerks of the several committees: and apportionment of the waters of the Colorado, Green, Bear, or Yampa, the White, San Juan, and Dolores Rivers, and all COMMITTEE ON APPROPRIATIONS other streams in which such States are jointly interested ; to ( 10.30 a. m.) the Committee on Irrigation and Reclamation. Second deficiency bill. Also, a bill (H. R. 12699) granting the consent of Congress COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE to compacts or agreements between the States of Colorado (10 a. m.) and New Mexico with respect to the division and apportion· To promote the unification of carriers engaged in interstate ment of the waters of the Rio Grande, San Juan, and Las commerce (H. R. 11212). Animas Rivers and all other streams in which such States are jointly interested; to the Committee on Irrigation and Recla· SPECIAL JOINT COMMITTEE mation. (10.30 a.m.) . Also, a bill (H. R. 12700) granting the consent of Congress To investigate Northern Pacific land grants. to compacts or agreements between the States of Colorado COMMITTEE ON THE DISTRICT OF COLUMBIA and Kansas with respect to the division and apportionment of ( 10.30 a. m.) the waters of the Arkansas River and all other streams in To provide for the construction of a bridge to replace the M which such States are jointly interested; to the Committee on Street Bridge over Rock Creek (H. R. 10080) . Irrigation and Reclamation. Al~o. a bill (H. R. 12701) granting the consent of Congress to compacts or agreements between the States of Colorado REPORTS OF COl\11\IITTEES ON PUBLIC BILLS AND and Nebraska with respect to the division and apportionment /. RESOLUTIONS of the waters of the North Platte River and other streams in Under clause 2 of Rule XIII, which such States are jointly interested ; to the Committee on Mr. SINNOTT: Committee on the Public Lands. S. 3655. Irrigation and Reclamation. An act to authorize the purchase by the city of Yamhill, Oreg., By l\Ir. TAYLOR of West Virginia: A bill (H. R. 12702) of certain lands formerly embraced in the grant to the Oregon to provide free transportation to World War veterans to the & California Railroad Co. and revested in the United States by American Legion convention at Paris in 1927; to the Commit· the act approved June 9, 1916; without amendment (Rept. No. tee on the Merchant l\Iarine and Fisheries. 1407). Referred to the Committee of the Whole House on the By 1\lr. WURZBACH: A bill (H. R. 12703) granting the state of the Union. consent of Congress to Brownsville & Matamoros Municipal · Mr. LEAVITT: Committee on the Public Lands. S. 3160. Bridge Co., its successors and assigns, to construct, maintain, An act for the relief of certain settlers on the Fort Peck Indian and operate a bridge across the Rio Grande at Browns­ Reservation, State of Montana; without amendment (Rept. No. ville, Tex.; to the Committee on Interstate and Foreign Com· 1408). Referred to the Committee of the Whole House on the merce. state of the Union. By Mr. YATES: A bill (H. R. 12704) to amend the act 1\fr. TllO:MAS : Committee on the Public Lands. H. R. 7104. entitled "An act to incorporate the International Sunday School A bill to quiet title and possession with respect to certain lands Association of America," approved January 31, 1907; to the in Baldwin County, Ala.; with amendment (Rept. No. 1410). Committee on the Judiciary. 10980 CONGRESSIONAL RECORD-HOUSE JUKE s: I . By ~Ir . GIBSO~: A bill (H. R. 12705) to establish a court Also, a bill (H. R. 1272G) granting an increaf::e of pension of probate and divorce for the District of Columbia, and for to Emeline S. Bryan ; to the Committee on Pensions. other purpose ; to the Committee on the _Judiciary. By Mr. WURZBACH: A bill (H. R. 12727) granting an in· lly l\lr. KEARNS: A bill (H. R. 12706) to provide for the crease of pension to Jane 0. Watkins; to tile Committee on payment of certain claims of German nationals against too Pensions. Unitcti ~tates, and the return to Ger~an nationals of property Also, a bill (ll. R. 12728) granting a pension to Ida Anz; to lleld by the Alien Property Custodian; to the Committee on the Committee on Pensions. Ways and l\Ieans. Also, a bill (H. R. 12729) authorizing the appointment of Bv :Mr. W AIKWRIGHT : A bill (H. R. 12707) to provide Joseph II. Hyman as air officer, United States Army; to the additional insurance for m~mbers of the military forces of Committee on Military Affairs. the United States when assigned to flying duty; to the Com­ By Mr. WYANT: A bill (H. R. 12730) granting an increa e mittee on Military Affairs. of pension to Lintha Chrouser; to the Committee on Invalid By l\Ir. MAGEE of Pennsylvania.: A bill (II. R. 12708) for Pensions. the hospitalization of persons discharged from the United Also, a bill (H. R. 12731) granting an increase of pension to States 1'\a\y or 1\larine Corps who have contracted tuberculosis Margret Gruber; t() the Committee on In "Valid Pens!ons. in the line of duty while in the naval service; to the Commit­ tee on Naval Affairs. By Mr. MILLER: A bill (H. R. 12709) to increase the limit PETITIONS, ETC. of co~t of submarine tender No. S, and to authorize repairs and Unuer clau e 1 of Rule XXII, petition and papers were laiu alterations to the U. S. S. S-48; to the Committee on Naval on the Clerk's desk and referred as follows : Affair . , 2389. By Mr. BERGER: Petition of sundry citizen of the By Hr. l\IAGEB of Pennsyhania: A bill (H. R. 12710) for State of Wisconsin, opposing the proposed Sunday clo ing laws tbe relief of Navy personnel and civilian employees of the Na\y for the District of Columbia and other national religious legi - ";ho suffered loss of household and personal effects due to the lation now pending ; to the Commitlee on the District of Co· earthquake and fue in Japan in September, 1923; to the Com­ lumbia. mittee on Nantl Affairs. 2390. By Mr. BLOOM: Petition of the Community Couucils o! Dy l\1r. BERGER: Joint resolution (H. J. Res. 274) proposing the City of New York (Inc.), relati1e to coal legislation; to the an amendment to the Constitution of the United States ; to the Committee on Interstate and Foreign Comme!"ce. Committee on the Judiciary. 2391. Also, petition of the American Irieh Historical Society, 132 By Mr. S.lHTH : Joint resolution (H. J. Res. 275) respect­ East Sixteenth Street, New York Ci1:y, presenting resolution ing separation of employees from the classified civil service; adopted at the quarterly meeting of the American Irish His­ to the Committee on the Ci\il Service. torical Society, held on l\1ay 12, 1920. at its headquarters, 132 By llr. HUDSO~: Concurrent resolution (H. Con. Res. 33) East Sixteenth Street, New York City, relating to immigra­ creating a joint committee of Congress to investigate conditions tion quotas; to the Committee on Immigration and Naturaliza­ in the Virgin I lands ; to the Committee on Rules. tion. Tiy l\Ir. J\IOORE of Virginia: Resolution (H. Res. 284) to pro­ 2392. By :Mr. CARTER of California : Petition of Berkeley vide for the consideration of the enactment of legislation appli­ Council, 1'\o. 1499, Knights of Columbus, Berkeley, Calli., pro­ cable to the judiciary; to the Committee on Rules. testing against the treatment of Archbishop Caruana, an American citizen, in Mexico; to the Committee on :l'orcign .Affairs. PRIVATE BILLS .A~"'D RESOLUTIONS 23:00. By Mr. FULLER: Petition of the retail dealers of the Under clause 1 of Rule XXII, private bills B.Jld resolutions county of Winnebago, State of Illinois, urging early and favor­ were introduced and se"Verally referred as follows : able· consideration of the Capper-Kelly bill (H. R 11) ; to the By 1\lr. BRAND of Ohio: A bill (H. R. 12711) granting an Committee on Interstate and Foreign Commerce. increa e of pen ion to 1\lartha aargrove; to the Committee on 2394. lly l\Ir. GALLIVAN; Petition of Woman's Relief Corps, Inntlid ·Pensions. Ma.ry E. Elliott, department secretary, 17 Boylston Building, Also, a bill (H. R. 12712) granting an increase of pension to 657 w·ashington Street, Boston, l\Iass., urging early and falol"­ .Jl.lary J. Randall; to the Committee on Invalid Pensions. able consideration of the Elliott pension bill; to the Com.mittee By l\Ir. DR.d....."I\HiJ: A bill (H. R. 12713) granting an increase of on Invalid Pensions. pension to Rebecca Johnson ; to the Committee on Invalid Pen~ 2395. By ~lr. HUDSON: Petition of citizens of the sixth dis­ sions. trict of Michigan, urging the passage of pension legislation By Mr. FREE: A bill (H. R. 12714) granting an i,ncrease of grouting relief to the \eterans of the Civil War and their pen-sion to 1\lae E. Harden ; to the Committee on Invalid Pen~ widows; to the Committee on In\alid Pensions. sions. 2396. By l\lr. KIESS: Petition of citizens of Westfield, Pa., By Mr. FREE~IAN: A bill (H. R. 12715) granting an increase favoring the pa.ssage of legislation granting increased pen ion of pension to Elizabeth C. Service; to the Committee on Invalid to soldiers of the Civil War and their widows; to the Com· Pensions. mittee on Invalicl Pensions. By Mr. HARE: A bill (H. R. 12716) for the relief of Chris~ 2397. By Mr. KINDRED: Petition of Jewish Council of tian Jensen and other ; to the Committee on Claims. Greater New York to the Congress of the United States, to By Mr. HUDSPETH: A bill (H. R. 12717) granting a pension enact into law before the close of the present se ion the pend­ to Annie C. Smith; to the Committee on Invalid Pensions. ing bill providing for the admission of 3G.,OOO wi\es and chil· By :Mr.l\IAJOR: A bill (H. R. 12718) granting an increase of dren of permanent ref;idents in America who have declared pension to Fay Milligan ; to the Committee on Invalid Pensions. their intention of becoming citizens; to the Committee on Im.mi· nv :Mr. SANDERS of Texas: A bill (H. R. 12719) granting gration and l\~aturalization. an increas-e of pension to Johanna E. Coon; to the Committee 2398. By 1\lr. KING: Petition signed by Isaac Payton, on Invalid Pensions. Frances I. Tharp, and 36 other citizens of Rush"Ville, Ill., urg· ing that immediate s.teps be taken ·to bring to a vote the Civil By Mr. SEARS of Florida: A bill (H. R. 12720) granting an War pension bill in order that relief may be accorded to needy incr ase of pension to Mary Jane Cressey; to the Committee on and su,ffering veterans and the widows ; to the Committee on Invalid Pen ions. Invalid Pensions. By l\lr. STRO ~G of Pennsyhania: A bill (H. R. 12721) 2399. Bjr Mr. SHREVE: Petition for immediate enactment of granting a pension to Joseph Pysher; to the Committee on Civil War pemdon bill fo1· veterans and their widows, by citi­ Invalid Pensions. zens of Tryonville, Pa. ; to the Committee on Invalid Pen· By 1\Ir. S\\IXG: A bill (H. R 12722) granting an increase Si()nS. of pension to Angeline Williamson; to the Committee on Invalid 2400. By Mr. STRONG of Pennsylvania : Petition of citizens Pen ions. of Dayton, Pa., and vicinity, in favor of pending legislation Bv Mr. TOLLEY: A bill (H. R. 12723) granting an increase to increase the rates of pension for Civil War veter-ans and of p~ension to Eleanor E. ·walker; to the Committee on In\alid their. widows; to the Committee on Invalid Pension . l"ensions. 2401. By Mr. ZIHLliAN: Petitio-n of voters of Washington By Mr. WEFALD: A bill (H. R.12724) granting an increase of County, State of l\Iarylancl, F. G. 1\Hrley, J. R. Keyser, and 67 pension to Lula Stebbins; to the Committee on Invalid Pensions. other signers, in favor of the passage of legislation increasing By ~lr. WHITE of 1\Iaine: A bill (H. R. 12725) granting a the pensions of Civil War veterans and thPJr widows; to the pension to Emma Jones; to the Committee on Invalid Pensions. Committee on Invalid Pensions.