1945' CONGRESSIONAL RE_CORD-SENATE 3107 Mr. WHITE. 1 may say to the distin· the treaty; but I do not wish to speak. The Chaplain, Rev. Fredericlc Brown guished Senator from Texas that .there . 1 would rather -allDw Senators to see · Harris, D. D., o:ffered the following is nothing in me that threatens him. what the treaty really is, by beginning to· prayer: Mr. CONN~LLY. I was about to ac. offer amendments to its various articles. · Thou great Companion of the sons of cede graciouSly to the ·senator's sugges· Mr. CONNALLY. I made an excep. men, daily Thou dost invite us to seek tion, but I dislike the final whip crack tion. I should have said that none of the Thee, and every day Thou o:fferest Thy­ which he has made· that· if I make the opponents of the treaty were ready to request he will object.' self to be found of us. We thank Thee speak unless it was the junior Senator that Thou hast so framed our hearts that Mr. WHITE. I was merely trying to from California, whom we all know is our deepest instincts anchor us to Thee; be reasonably honest with the Senator. ready to fire away with machine-gun that Thou hast so created everything Mr. CONNALLY. Mr. President, I rapidity. I say that in the best of that he who loves the t:r~uth . can never shall not press the request at this time. humor. miss Thee at the last. I give notice now, hqwever, th_at I shall The VICE PRESIDENT. The Senator Grant to us to dream great qreams and renew the request at some time to· from Texas has withdrawn has request not to disobey the heavenly vision. And morrow. for unanimous consent. t;hough the hope betimes. seems forlorn· Mr. ELLENDER. Mr. President, I ex.; may we be found ready to lead it. With­ press the hope that soon after the Sen· UNITED STATES COAST GUAR~ out stumbling and without stain may we ate meets tomorrow an agreement may NOMINATION follow the gleam until the day is ended be reached between the proponents and · Mr. CONNALLY. Mr. President, on be. and our work is done: In the dear Re­ the opponents to vote on the treaty and half of the· junior Senator from Florida deemer's name. Amen. · all amendments thereto not later than [Mr. PEPPER], I ask that the nomination · THE JOURNAL a week from today. appearing ori the calendar be laid before Mr. DOWNEY. Mr. President, I wish the Senate .. On request' of Mr. BARKLEY, and by to point out that this treaty is so coni· The VICE PRESIDENT. The clerk unanimous consent, the reading of the plicated, so serious, and so important, Journal of the proceedings of the calen­ will state the nomination. dar day Wednesday, April 4, 1945, was at least to those. of us who live in. the The Chief Clerk read the nomination Southwest, that I· cannot very well eX· dispensed with, and the Journal was ap­ · of Vice Admiral Russell R. Waesche to .: J?roved. , · · ! aggerate its importance anll its compli· · be admiral in the United States Coast . cations. . In view of the fact that the · Guard. · · MESSAGE FROM THE HOUSE-ENROLLED suggestion of the Senator . from Texas BILL SIGNED with regard to limiting · debate comes Th,e VICE PRESIDENT. Without OQ· jection, the nomination is confirmed. A message from the House of Repre.- . somewhat . early, I may point out that sentatives, by Mr. Cha:ffee; one of its so far more than three-quarters of the · Mr. CONNALLY. I ask nnanimous consent . that the President be imme. ' reading clerks, announced that the time in the consideration of the treaty Speaker pro tempore had affixed his has been consumed .by. speeches on the diately notified: signature to the. enrolled bill (S. 298) to part of Senators favoring ~ the treaty, . - The VICE PRESIDENT. Without ob­ continue Commodity Credit ,Corporation and· that less than one-quarter of the jection, the President will be notified as an agency of the United States, in­ time has been consumed by Senators who forthwith. crease its borrowing power, revise the oppose the treaty. There will be no dis­ That completes the calenda'r: basis of the annual appraisal of its assets, position on my part to prolong unneces­ RECESS · and for· other purposes, and it was signed sarily discussion of the treaty, but I feel by the Vice President. Mr. CONNALLY. I move that the sure that there are other Senators who LEGISLATIVE BUSINESS oppose the treaty and will wish to speak. Senate take a recess until tomorrow at I · have been anxious for the past day or 12 o'clock noon. By unanimous consent, as in legisla­ two to proceed immediately with consid­ The motion was agreed to; and (at 4 tive session, the following business was eration of the treaty, get our teeth into o'clock and 46 minutes p. m.) the Senate, transacted : it, take it apart, and see whether the in executive session, took a recess until COMMITTEE SERVICE Senate wants to question it, and if so, to tomorrow, Thursday, April 5, 1945; at Mr. WHITE. Mr. Preside'nt, as in leg­ what extent. I shall do everything I can '12 o'clock meridian. islative session I ask unanimous consent to expedite matters. for the present consideration of the Mr. CONNALLY. Mr. President, I CONFffiMATIONS order which I send to the desk. have no disposition to allow the pro- Executive nominations confirmed by The VICE PRESIDENT. The clerk ponents of the treaty to monopolize the the Senate April 4 (legislative day of will read the order. The Chief Clerk read as follows: time. I am perfectly willing to couple March 16), 1945: my request, when and if made, with the Ordered, That the Senator from North understanding that the time shall be WAR MOBILIZATION AND RECONVERSION Dakota [Mr. YouNG] be assigned to service 0 f t t 0 b d Fred M. Vinson to be Director of War on the following committees: Agriculture equally divided, half i e un er ~ :Mobilization and Reconversion for a term of and Forestry, the District of Columbia, the control of the senior Senator from Manufactures, and Immigration. ·California [Mr. JoHNSON], or his col· 2 years. league the junior Senator from Cali· UNITED STATES COAST GUARD The VICE PRESIDENT. Without ob­ fornia [Mr. DowNEY], and the other half TO BE ADMIRAL jection, the order is agreed to. to be controlled by a Senator acting in Russell R. Waesche to be an admiral in the· Mr. WHITE. Mr. President, I wish to behal'f of the proponents. If the pro­ United States Coast Guard. express my appreciation to the majority ponents of the treaty have consumed leader for the consideration he has shown more time so far than have the op· in working out this arrangement. ponents of the treaty, there has been no Mr. BARKLEY. I thank the Senator intention on the part of the proponents SENATE from Maine, and I am sure the new Sen· to limit the time of the opponents. Per· ator from North Dakota will be a valu· haps the proponents were not ready to THURSDAY, APRIL 5, 1945 able addition to the committees to which proceed, just as they are not ready to he has been assigned and to the Senate (Legislative day of Friday, March 16, itself. proceed this afternoon. No Senator ap­ 1945) pears to be ready at this time to make EXECUTIVE COMMUNICATIONS, ETC. a speech against the treaty. The Senate met in executive session The VICE PRESIDENT laid before the Mr. DOWNEY. Mr. President, I am at 12 o'clock meridian, on the expiration Senate the following letters, which were alw~ys ready and willing to speak against of the recess. referred as indicated: 3108 CONGRESSIONAL RECORD-SENATE APRIL 5 PERSONNEL_REQUIREMENTS sentatives of Italy be invited to the San lives, and know the horrors of war, the· Letters from the Attorney General and the Francisco Conference; to the Committee on beach heads, pillboxes, and sacrifices; and President of the United States Civil Service Foreign Relations. "Whereas these men who have given so Commission, transmitting, pursuant to law, ·A resolution adopted by the City Council much of their lives and time to our public estimates of personnel requirements for their of the City of Cambridge, Mass., favoring welfare and have the interests .,f their coun­ respective offices for the quarter ending June the enactment of legislation to create a try and the philosophy of our r~ublican form 30, 1945 (with accompanying papers); to the Fair Employment Practices Commission; to of representative government at heart: Committee on Civil Service. the Committee on Education and Labor. Therefore be it By Mr. SAL'l'ONSTALL (for himself and "Resolved by the 'house (the senate con­ DISPOSITION OF EXECUTIVE PAPERS Mr. WALSH): . curring), That the Fifty-first General As­ A letter from the Archivist of the United Resolutions of the General Court of Massa­ sembly of the State of Iowa respectfully States, transmitting, pursuant to law, a list chusetts; to the Committee on Banking and requests that the Congress of the United of papers and documents on the files of sev­ Currency: States and the President of the United eral departments and agencies of the Gov­ "Resolutions urging the Members of Congress States, immediately take the necessary steps ernment which are not needed in the conduct from the New England States to confer with to provide for a qualified representation of of business and have no permanent value or the Office of Price Administration with a the young men and women of the military historical interest, and requesting action view to quickly effecting an adjustment in forces of World War No. 2, who h ave seen looking to their disposition (with accom­ the egg price ceilings in the New England active service on the foreign battlefields, to panying papers); to 1;1. Joint Select Commit­ area serve as members of the commission or dele­ tee on the Disposition of Papers in the Execu­ gation representing the United St ates of tive Departments. "Whereas at the suggest.ion of the Gover­ America at the peace table, and that they nor, the General Court of Massachusetts on have an active voice in determining the The VICE PRESIDENT appointed Mr. March 27, 1945, passed an act giving to him peace policies of the world. The members BARKLEY and Mr. BREWSTER members of the powers he requested as being necessary .of the armed forces have served us all, and the committee on the part of the Senate. to secure during the present poultry shortage we know would serve us well in really estab­ a sufficient supply of poultry to meet the lishing a just and lasting peace; it is further PETITIONS AND MEMORIALS needs of hospitals in the care and treatment "Resolved, That the chief clerk of the Petitions, etc., were laid before the of their patients; and house be instructed and authorized to send "Whereas the general court believes that copies of this resolution to the Iowa Rep­ Senate, or presented, and referred as in­ while such action is necessary to meet the dicated: resentatives and Senators in Congress and to present crisis, further action is necessary to the President of the United States, the Vice By the VICE PRESIDENT: stop certain unlawful practices in the sale President of the United States, and the A concurrent resolution of the Legislature and distribution of poultry which greatly Speaker of the House of Representatives in of the S ~ ate of New York; to the Committee aggravate the present shortage emergency; Washington, D. C." on Finance: - and "Whereas by the end of the war there will "Whereas the general court cannot by itself APPROPRIATION FOR SURPLUS PROP­ be approximately 15,000,000 _men and women remedy the fundamental causes of the ex- · ERTY ACTIVITIES- LETTER FROM in the armed forces of our Nation and New isting emergency which was, in its belief, CHAIRMAN OF THE SURPLUS PROP­ York St ate's share will be approximately originally caused by the failure of the Office ERTY BOARD one and one-half million; and of Price Administration to recognize the pe­ "Whereas most of these men and women culiar conditions under which the New Eng­ Mr. McKELLAR. Mr. President, I ask will have lost from 1 to 4 years, or even land poultry industry is forced to operate; unanimous consent to have printed in longer from the accumulation of benefits and · the body of the RECORD a letter from Han. provided by the old-age and survivors' in­ "Whereas the entire price structure as it Guy M. Gillette, Chairman of the Surplus surance; and applies to table eggs. must be immediately-re­ Property Board, dated April 2, 1945, in "Whereas this will effect a real loss in bene­ vised upward in order to save what is left .of reference to certain testimony with re­ fits to be received at the time of retirement the laying flocks now being rapidly liqui­ inasmuch as such. benefits are dependent dated in the New England area;· and spect to appropriations for the surplus­ upon contribution by both employee and em­ "Whereas a continuation of the current property activities of the Procurement ployer; and conditions for even a short period of time Division of the Treasury Department. "Whereas the old-age and survivors' insur­ will tend to completely wreck the New Eng­ There being no. objection, the letter ance is wholly a Federal program; and land poultry industry: Therefore be it was ordered to be printed in the RECORD, "Whereas it is ·:he sense of the people of "Resolved, That the General Court of Mas­ as follows: sachusetts urges the Members of Congress the State of New York manifested in their SURPLUS PROPERTY BOARD, . respective representatives in the legislature from each of the New England States to con­ that the returning veteran justly deserves fer with the Office of Price Administration · Washington' D. C., April 2, 1945. with a view to quickly effecting an adjust­ Hon. KENNETH McKELLAR, and is entitled to fair and generous treat­ United States Senate, ment: Therefore be it ment in the egg price ceilings in the New England area, and to take promptly such Washington, D. C. "Resolved (if the senate concur), That the MY DEAR SENATOR: My attention has be'en Congr~s of the United States be and · is other action as may be necessary to rectify such conditions; and be it further called to the discussions on the floor of the hereby respectfully memorialized to enact · Senate on March 30 with respect to the with all convenient speed appropriate legis­ "Resolved, That copies of these resolutions appropriation for the surplus property ac­ lation providing that men and women in the be transmitted forthwith by the State secre­ tivities of the Procurement Division of the armed forces shall receive appropriate wage tary to the ·presiding officer of each branch of Treasury Department and the amendment credits on their old-age and survivors' insur­ Congress, to each of the Members of said thereto which was adopted by the Senate. ance accounts for their period of military · Congress from each of the New England It seems clear to me that the discussion service; and it is further States, and to the Governor of each of said leading up t.o the introduction and adoption • "Resolved (if the senate concur), That New England States." of such amendment was in· large part based copies of this· resolution be immediately By Mr. WILSON (for himself and Mr. upon an erroneous impression of .statements transmitted to the President of the United HICKENLOOPER) : . made by me and reported in the public press. States, the Secretary of the Senate of the A concurrent resolution of the General A newspaper account of what I said is quoted United States, the Clerk of the House of Assembly of the State of Iowa; to the Com­ on page 2978 Of the CONGRESSIONAL RECORD. Representatives of the United States, and to mittee on Foreign Relations: My comments were directed not at the each Member of Congress duly elected from "House Concurrent Resolution 18 Treasury Department or any other disposal the State of New York, and that the latter "Whereas it is important that peace of the agency but to the practice of owning agen­ be urged to do all in their power to accom.. cies in disposing of surplus property with­ plish the purposes of this resolution." · allies be a just, firm, practical, and lasting out declaring it surplus under the Surplus A resolution adopted by Post No. 28, the peace; and Property Act of 1944. The Treasury Depart­ American Legion, of Spartanburg, S. C., fa­ "Whereas · the youth of our Nation hal'! ment is ·a disposal agency under the juris­ voring the enactment of legislation providing been tested physically, mentally, ahd morally diction of the Surplus Property Board and universal ·military training tor the youth of and found competent; and its disposals of surplus property are subject the Nation; to the Committee on Military "Whereas the youth of our Nation are to such regUlation as the Surplus Property Affairs. · most concerned because of their age, the age Board may impose under the Surplus Prop­ A resolution adopted by the Society of St. of their families and the problems confront­ erty Act of 1944. Under the act the Board Peter, the Apostle, Bethlehem, Pa., favoring ing them; and not only designates the disposal agencies but recognition of Italy as a full ally of the "whereas in every war lt ls the youth who has full power to adopt appropriate regula­ United Nations and that democratic repre• shoulder the arms and give their blood and :tions governing their activities in such detail 1945 CONGRESSIONAL RECORD-SENATE 3109 as the Board deems desirable. I refer spe­ H. R. 2284: A bill to eliminate the practice The VICE PRESIDENT. Is there ob­ cifically to sections 9 and 10 of the Surplus by subcontractors, under cost-plus-a-fixed­ jection to the present consideration of Property Act of 1944. As I see it, therefore; fee or cost-reimbursable contracts of the the Senate amendment te the Treasury De­ United States, of paying fees or kick-backs, the resolution? . partment's appropriation is not nec~ssary, or of _granting gifts or gratuities to employ­ There being no objection, the Senate serves but to add confusion, and in J;ny opin­ ees of a cost-plus-a-fixed-fee or cost reim­ proceeded to consider the resolution. ion should be eliminated. bursable prime contractors or of higher tier The VICE PRESIDENT. The amend­ I think that it is also appropriate for me subcontractors for the purpose of securing ment reported by the committee will be to say that I beli~ve much of the criticism, the award of subcontracts or orders; without stated. of the surpll;ls property activities of the amendment (Rept. No. 177). Treasury made on the floor of the Senate By Mr. CONNALLY, from the Committee on The amendment was on page 2, line on March 30 is unwarranted. We agree with Foreign Relations: 12, after the dollar sign to insert "2,000," the statement made in th_e recent report or· H. R. 2013. A bill to extend for 1 year the so as to make the resolution read: the Mead committee that in the disposal of provisions of an act to promote the defense Resolved, That the Committee_on Mil~tary surplus property the Procurement Division of the United States, approved March 11,. Affairs, or any duly authorized_ subcommit-. of the Treasury "is doing as good a job as 1941, as amended; without amendment tee thereof, is authorized and directed to take can be expected under the circumstances. (Rept. No. 178); · testimony from civilians and military and They have been forthright in admitting and s _Res. 109. Resolution making available an naval · personnel retur_ning to · -the United attempting to correct' their inevitable mis­ unexpended balance for entertaining distin­ States from the Philippine Islands, for the takes, and are intelligently attempting to guished visitors to the United States by the purpose of making a full and complete rec­ solve their problems." - · · Committee on Foreign Relations; without ord co11cerning the treatment accorded by If you have no objection, I would welcome amendment, and, under the rule, the resolu­ the Japanese in the Philippiue area to per- the inclusion of this letter in the CoNGRES­ tion was referred to the Committee to Audit . sons captured by them and to .the popula­ SIONAL RECORD. and Control the Contingent· Expenses of the tion of the Philippines.- The committee shall Very sincerely, Senate; and report to the Senate from time to time, with GUY M. GILLETTE, S. Res. 111. Resolution authorizing the such recommendations as it deems appro­ Chairman. Committee on Foreign Relations to employ additional temporary clerical assistance; priate. REPORTS OF COMMITTEBS without amendment, and, under the rule, For the purposes of this resolution the The fOllowing reports of committees the resolution was refE(rred to the Committee . committee, or _any duly_authorized subcom­ to Audit and Control the Contingent Ex­ mittee thereof, is authorized to hold such were submitted: · penses of the Senate. · hearings, to sit and act at such times and By Mr. WILSON, from -the Committee on places during the sessions, recesses, and ad­ Claims: INVESTIGAT;ION OF TREATMENT BY ']:'HE journed periods of the Senate in the Sev­ S. 392. A bill for the relief of Nebraska JAPANESE OF PRISONERS AND CIVIL· enty-ninth Congress, to employ such experts Wesleyan University; with amendments IANS IN THE PHILIPPINES and such clerical, stenographic, and other (Rept. No. 162) . assistants, to require by subpena or other­ By Mr. JOHNSTON of South Carolina, Mr. LUCAS. M·r. President, from· the wise . the attendance of such witnesses and from the Committee on Claims: Committee to Audit and Control the the production of such correspondence, S. 176. A bill for the relief of the city of Contingent Expenses of the Senate, I books, papers, and documents, to adminis­ Memphis, Tenn., and Memphis Park Commis­ report back favorably, with an amend­ ter such oaths, to talre such testimony, and · sion; without amendment (Rept. No. 163). ment, Senate Resolution 79, and ask to make such expenditures, as it. deems ad­ By Mr. WHERRY, from the Committee on unanimous consent for its- present con- visable. The cost of stenographic services Claims: . sideration. . to report such bearings shall not be -in ex­ H. R. 1353. A bill for the relief of J. P. cess of 25 cents per hundred words. The ex­ Harris; without amendment (Rept. No. 164). The VICE PRESIDENT. The resolu­ penses o{ the committee, which sl,lall not By Mr. CAPPER, from the Committee on tion _will be rea,d by title for the informa­ exceed $2,000, shall be paid from the contin­ Claims: tion of the Senate. gent . fund of the Senate upon vouchers ap­ H. R. 1396. A bill for the relief of Anne The CHIEF CLERK. Senate resolution proved by the chairman. Loacker; without amendment (Rept. No. 79, to investigate the treatment by the 165). Japanese of prisoners and civilians in The amendment was agreed to. By Mr. WILSON, from the Com!Jlittee on the Philippines. The resolution as amended was agreed Claims: Mr. WHITE. Mr. President, wiil the to. H. R. 990 . A bill to provide for the reim­ PERSONS EMPLOYED BY A COMMITTEE bursement of certain civilian personnel for Senator from Illinois make a brief ex­ personal property lost as a result of the Jap­ planation of the resolution, and tell us WHO ARE NOT FULL-TIME SENATE OR anese occupation of Hong Kong and Manila; something about its origin? COMMITTEE EMPLOYEES without amendment (Rept. No. 166). Mr. LUCAS. The resolution was sub­ The VICE PRESIDENT laid before·the By Mr. ELLENDER, from the Committee mitted by the Senator from Iowa [Mr. Senate a report for the month of March on Claims: WILSON] for the purpose of obtaining in­ S. 567. A bill for the relief of Mrs. Freda 1945, from the chairman of a certain Gullikson; with amendments (Rept. No. formation from civilian internees and committee, in response to Senate Reso­ 167); prisoners of war in order that Congress lution 319 <78th Cong.), relative to per­ H. R. 201. A bill for the relief of the Demp­ may have such information in the event sons employed by committees who are sey Industrial Furnace Corporation; with- it wishes to refer to it for any purpose. not full-time employees of the Senate or out amendment (Rept. No. 168); _ Mr. WHITE. As I understand, the any committee thereof, which was or­ H. R. !::02. A bill for the relief of Angelina purpose is to gather this information dered to lie on the table and to be printed Bourbeau; without amendment (Rept. No. about the treatment -bY the Japanese of in the RECORD, as follows: 169); war prisoners and civilians in the Philip- H. R . 206. A bill for the relief of St. Vin­ UNITED STATES SENATE, cent's Infirmary and Dr. Alvin W. Strauss; pine Islands? . SPECIAL COMMITTEE TO STUDY without amendment (Rept. No. 170); Mr. LUCAS. Yes: The Senator from PROBLEMS OF AMERICAN SMALL BUSINESS, H. R. 209. A bill for the relief of David B. Iowa submitted the resolution .and it was March 31, 1945. Smith; with an amendment (Rept. No. 171); . originally referred to the Committee on The VICE PRESIDENT, H. R. 807. A bill for the relief. of Mrs. Military Affairs which approved it United States Senate, Washington, D. C. unanimou&ly. Subsequently it was re­ DEAR MR. VICE PRESIDENT: Pursuant to Sen­ Wilma Louise Townsend; without amend­ ate Resolution 55 I am transmitting herewith ment (Rept. No. 172); ferred to .the Committee to Audit and a list of employees of the Special Committee H.R. 1079. A bill for the reUef of Ray L. Control the Contingent Expenses of the to Study Problems of American Small Busi- ' Smith; without amendment (Rept. No. 173); . Senate, and that committee also ap­ ness who are not full-time employees of the H. R. 1135. A bill for the relief of Gus A. proved it. I am confident-that the reso­ Senate. Included with this list is the name Vance; without amendment (Rept. No. 174); lution is entirely proper. The committee and address of each such employee, the name H. R. 1707. A bill for the relief of Murray of which I am chairman has recom­ and address of the Department paying the W. Moran; with amendments (Rept. No. mended an amendment so as to provide salary of such employee, and the annual rate 175); and an appropriation of $2,000 for the pur­ of compensation for each such employee. H. R. 1983. A bill for the relief of Benjamin Respectfully yours, D. Lewis; with an amendment (Rept. No. pose of the resolution. JAMES E. MURRAY, 176). Mr. WHITE. I hope the resolution will Chairman. By Mr. HILL, from the Committee on Ex- . be agreed to. By DEWEY ANDERSON, penditures in the Exervutive Departments: Mr: LUCAS. I thank the Senator. Executive Secr et a;· y.

•

.• 3110 CONGRESSIONAL RECORD-SENATE APRil~ 5

SPECIAL COMMITTEE TO STUDY AND S~VEY PROBLEMS OF SMALL BUSINESS ENTERPRISES APRIL 1, 1945. names of persons employed by the committee March 1945, in compliance with the terms To the Senate: who are not full-time employees of the Sen­ of Senate Resolution 319, agreed to August The above-mentioned committee hereby submits the following report showing the ate or of the committee for the month of 23, 1944:

Annual rate Name of individual .Address Name and address of department or organization by whom paid of com- pensation _.. Brainard CheneY------3418 Highwood Dr. SE., Washington, D. C------Foreign Economic Administration, Washington, D. C ______$6,500 Agnes E. Crivella ______:. ______1408 Buchanan St. NW., Washington, D. C ______War Production Board, Washington, D. C ______2, 700 Emerald G. Devitt------2425 27th St. S., Arlington, Va·------____ _do------2, 000 Elsie A. Digges ______120 C St. NE., Washington, D. C------___ __ do------. 1, 800 Harry J. Evans ______3010 Gainesville St. SE., Washington, D. C------'--- Reconstruction Finance Corporation, Washington, D. c ______6, 500 F. Preston Forbes ______502 Four Mile R~:J Alexandria, Va------Department of Commerce, Washington, D. C ______4,600 Carol M. Fuller.------2101 SSt. NW., washington, D. C------Office of Price Administration, Washington, D. C ______2,100 Scott K. Gray, Jr------l .r119 Joliet St. SW., Washington, D. C------Reconstruction Finance Corporation, Washington, D. C ______4, 600 StellaJ. Groeper ______1127 Branch Ave. SE., Washington, D. C------War Production Board, Washington, D. C------2, 600 Kathleen Kimball ______1701 Park Rd. NW., Washington, D. C------_____ do------2,000 Elizabeth P. Lucas______1730 North Quincy St., Arlington, Va ______: ______do·------__ 1,800 5, 600 \?!~i:·:.e~?Muiiaiie~::::::::::::: ~~~8gli:u.sir~:~gt':n~~~bt~-~~-~:-~_-_::::::::::::::::: ==== = ~~======:::::::::::::::::::::::::::::::::: ~:: 1, 620 Grace F. PurdY------230 Rhode Island Ave. NE., Washington, D. C ______Office of Price Administration, Washington, D. C ______3, 300 Martha G. ~aY------1457 Park Rd. NW. :Washington, D. C------War Produ~tion Bo~r~, W~hin gton,_D. C ______2,100 Arthur G. Silverman ______719 D St. NE., Wasnmgton,1 D. C------Office of Pnce AdmmJstratJOn, Washmgton, D. C ______5,600 Lt. (Jr. Gr.) George H. Soule ______4020 Beecher St. NW., Washington, D. C------Navy Department, Washington, D. C------2,000 L. Evelyn Spicer ______1433 Decatur St. NW., Washington, DC ______War Production Board, Washington, D. C------2,600 Frederick W. Steckman ______4000 Cathedral Ave. NW., Washington, D. C ______Maritime Commission, Washington, D. C------5,000 Margie L. StrubeL------463212th St. NE.~ Washington, D. C------War Production Board, Washington, D. C------1,800 Allen G. Thurman ______210 East Shephera St., Chevy Chase, Md ______Maritime Commission, Washington, D. C------6,500 Alfred J. Van TasseL------1622 Mount Eagle Place, Alexandria, Va ______War Production Boara, Washington, D. C------6, 500 Olga Yelencsics __ ------2400 13th St. NW ., Washington, D. C------_____ do·------2,100

JAMES E. MURRAY, Chairman. BILLS INTRODUCED NATIONAL PROGRAM FOR FULL the Federal Deposit Insurance Corpo­ Bills were introduced, read the first EMPLOYMENT ration, and Chester Bowles, Price time, and, by unanimous consent, the Mr. WAGNER. Mr. President, on Administrator. second time, and referred as follows: January 22 the Senator from Montana Mr. Crowley points out that- By Mr. JOHNSON of Colorado: [Mr. MURRAY], the Senator from Utah If we do not in considerable measure solve S. 826. A bill tu authorize correspondence [Mr. THOMAS], the Senator from Wyo­ the business-depression problem, bank losses ­ schools to participate in the program for the ming [Mr. O'MAHONEY], and myself in­ may again become so large as to cause the education of veterans; to the Committee on troduced a bill

, 1945 CONGRESSIONAL RECORD-SENATE 3111 The reports are as follows: operation of the economic system that we continuation of present ceilings in the fu­ will only in unusual circumstances and to a ture but even maintenance of the existing FEDERAL DEPOSIT INSURANCE CORPORATION, limited degree need to proceed to the type of ceilings in the present period. In the ab­ Washington, D. C., March 31, 1945. program contemplated in subsection (c). sence of any assurance that business will Hon. RoBERT F. WAGNER, It would be a great mistake to approach continue to operate at high levels, many firms Chairman, Committee on Banking and this problem with a predilection that non­ want to make all they can while the oppor­ Cur r ency, United States Senate, Federal investment and expenditure cannot tunity exists. I am firmly convinced that Washington, D. C. be increased sufficiently, and that it is a fore­ this desire to make a killing during the war, MY DEAR SENATOR WAGNER: In your letter gone conclusion that it· will be necessary to which is one of the main difficvlties operat­ of March 3 you requested the opinion of the unbalance the Federal Budget chronically in ing beneath the surface not only in minds of Federal Deposit Insurance Corporation with order to make up the slack. It is easy to many businessmen but also farm and labor respect to S. 380, a bill to establisl} a national make a case for additional Federal expendi­ groups is at bottom a result of fear of the policy and program for assuring continuing tures since there is always a certain amount future, and would disappear if they had ahy full employment in a free competitive econ­ of unemployment in peacetimes, but the solidly based reason to believe that large mar­ omy, through the concerted efforts of indus­ should be resorted to only in genuine emer­ kets, high levels of production, sales,, and jobs try, agriculture, labor, State and local gov­ gencies. I am convinced that habitual and would continue as a normal characteristic of ernments, and the Federal Government. extensive use of public investment as a de­ the economy rather than as a mere wartime Inasmuch as this bill is designed to attack vice to maintain employment in the economic phenomenon, the problem of economic depression on a system will lead to the disappearance of the 2. "If S. 380 were enacted by the Congress, broad front, it is of vital interest to this free, private-enterprise, economic system what might be the role of your agency in Corporation. We agree tha-t the depression which has achieved the economic prosperity helping achieve full employment?" problem should be approached on an over-all of modern times. As I pointed out above, the Office of Price basis and not as a series of separate and dis­ Very truly yours, Administration, being a wartime agency, tinct problems. The problems of agricul­ LEO T. CROWLEY, would have no continuing role in helping to tural depression, unemployment, business Chairman. achieve full employment. Its operations failure, mortgage delinquency, and bank fail­ during the emergency period, however, con­ ure are all tied together, and for the most OFFICE OF PRICE ADMINISTRATION, tribute substantially to that end whether S. part cannot be solved separately. The many Washington, D. C., 'March 27, 1945. 380 is passed or not. 0. P. A. can aid the committees of Congress which are largely Hon. ROBERT F. WAGNER, post-war economy by giving the country a concerned with problems arising out of de­ United States Senate, sound price structure in which relations be­ pressions should OOQrdinate their activities; Washington, D. C. tween costs and prices permit generous prof­ likewise, the various branches of the execu­ DEAR SENATOR WAGNER: I have received your its at high levels of operations, but do not tive department must coordinate their func­ letter of March 3 transmitting a copy of choke off mass buying by excessive margins. tions with a view to reducing, if not elimi­ S. 380, a blll "to establish a national policy We seek to establish prices which are con­ nating, business depressions. Furthermore, and a program for assuring continuing full sistent with high wages and high volume so the activities of the legislative and executive employment in a free competitive economy that mass purchasing power can be sustained. branches of the Government must be co­ thl:ough the concerted efforts of industry, This does not apply only to pricing of goods ordinated. agriculture, labor, Stat'e and local govern­ now being produced; it applies also to those A solution of the business-depression prob­ ments, and the Federal Government," and which have been out of production during the lem is of the utmost significance to deposit asking for my preliminary comments on cer­ war but will come into production when re­ insurance. The great concentrations of bank tain questions. I agree with you that the conversion begins. failures in the past have occurred in periods issues posed by the bill are of far-reaching I am attaching a copy of our memorandum of general and deep depression. If the sever­ importance, and I am glad to answer your on reconversion p1oblems. The final section ity of these depressions could have been lim­ questions. gives some of :iny·personal views about pric­ ited, a great portion of the bank failures 1. "If we were assured of continuing full ing for full employment and full production. would not have occurred and bank failures employment after the war, what might the 3. "In the present planning of your would not have become a major social prob­ effect be on the sectors of our economy with agency's post-war activities, what assump­ lem. If by intelligent coordinated action which your agency is concerned?" tions, if any, have you made with regard business fluctuations can in the future be As you know, price control will continue to to the post-war level of the gross national kept within reasonable bounds, bank failures operate only so long as it is authorized by production, the national income, and em- will not become so numerous as to embarrass the Congress. There is general agreement ployment?" · the deposit-insurance system. On the other that His a wartime measure. While control Our present plans are b~ed upon the as­ hand, if we do not, in considerable measure, over some prices should be continued, if nec­ sumption that we do not know what will solve the business-depression problem, bank essary, after the last shot is fired, it wm not occur, and therefore must be ready to meet losses may again become so large a!'! to cause be continued as a permanent feature of our any contingencies. In order to discharge our the insurance fund to become a consideraole peacetime economy. Since it is the long-run responsibilities, we are prepared for the pos­ burden upon the Government. The success economic problems with which S. 380 is co~­ sibility of an intense post-war boom of the of deposit insurance depends upon adequate cerned, I take it that this question is directed kind that occurred following the last war ba.nlt supervision, bank examination, and primarily toward other agencies. and that had such disastrous consequences. bank management on the one hand, and I think it desirable, however, to call your We are prepared to meet an intense demand avoidance of major business depressions on attention to the fact that the assurance of for consumer durable goods of all sorts .and the other. But if it is possible to say which continuing full employment and production possibly for other consumer goods. There .of these factors is the more important, it is during the transition and after the war would may al~o be a boom period of business buying probable that the avoidance of major busi­ aid us in controlling prices both now and to replenish depleted inventories of all sorts, ness depressions would contribute most to­ during the transition. This would be the which can be prevented from . feeding on ward avoiding unreasonably large bank losses case so long as the assurance of full employ­ itself only if effective control over prices is and keeping the deposit-insurance system ment were provided soon, even though· the maintained. On the other hand, we exp~ct solvent. This Corporation, therefore, is most assurance relates to the post-war period. to remove controls, com'modity by commod­ happy t hat the Congress is undertaking to The reason why price control in the war ity, as soon as it becomes clear that supply treat as a unit the entire business-depression and transition period will be aided by the and demand in a particular commodity field problem. assurance of full employment and full pro­ are in balance. It is, however, my earnest hope that the duction can be stated briefly. During the 4. "What specific improvements in S. 380 emphasis in applying a program of this sort war we have succeeded in holding prices rela.:. might be considered by the Banking and would be upon the program which is out­ tively stable in the face of advancing costs, Currency Committee?" lined in subsection {b) of section 3, "a gen­ yet aggregate profits have increased, primarily Section 3 (a): I suggest that the words eral program for encouraging • • • in­ because there has been such an enormous ''and detail" be omitted from the first sen­ creased non-Federal investment and expend­ expansion in the volume of production and tence. I do not think it is advisable to make iture," rather than upon the program out­ sales. Without this expansion the resistance transmission of a detailed National Budget lined in subsection (c), "a general program to our ceilings on the part of business would mandatory. If the President wished and for • * * Federal investment and ex­ undoubtedly have been far greater and more were able to transmit data on expenditures penditure." Certainly we have never yet successful than it .has peen. Not only has by detailed categories at full employment made an adequ ate ~ffort to secure a tolerable this expansion of production been necessary levels and at prospective actual levels, he operation of the economic system through an to our success so far but assurance that it could do so even without these words. enlightened, coordinated policy with respect will be maintained is necessary for our con­ In the last sentence of section 3 (b) I to "banking and currency, monopoly, and tinued success in the period to .come. Busi-:o suggest th~t "taxation" be mentioned first competition, wages and working conditions. ness firms fear the effects on profits of a de­ among the types of program proposed. Sec­ foreign trade and investment, agriculture, cline in their sales. Price ceilings which they tion 3 as a whole gives an impression of taxation, social security, the development of accept when business operations are at peak what many regard as undue emphasis upon natural resources, * • • ." I believe that levels often appear unacceptable to them Federal expenditure and inadequate refer­ a proper coordinated treatment of these and when they foresee a lower volume of produc­ ence to tax remission. This has been com­ similar matters will permit such a successful tion anct sales. They tend to 1·esist not only mented upon by some readers of the biU. .3112 CONGRESSIONAL R·ECORD.-. S'ENATE APRiL 5 The object ion might· be met, or,. at least, CALL OF THE ROLL Senator froln Colorado, but I hope we weakened, if. taxation were put in a more Mr. BARKLEY. I suggest the absence may be· allowed to go forward with the prominent place. · of a quorum.· · - treaty. Section 3 (g): Change "the President may•• Mr. JOHNSON of Colorado. Mr. to "the President shall." The VICE PRESIDENT. The clerk will call the roll. ·President, , today memorial services- are Section a (b): This clause migh~ be more being held· at the Beth Ha Medrosh reassuring if ·after the wor~ "manpower" The Chief Clerk called the roll, and ·there were added "land, other fixed and liquid the following Senators answered to their Hogodol Synagogue, in Denver, Colo., for capital or ecE>nomic resources." names: Maj. Gen. Maurice B. Rose. The serv­ These minor alterations are the only ones Aiken George Myers ices will be· conducted by Rabbi C. H. that occur to me now. I think the wording Austin Gerry O'Daniel Kauvar, who confirmed Maurice. when of the policy declaration in section 2 (b) is, Bailey Green O'Mahoney he was 13' years old. on the whole, satisfactory. If the use of the Ball Guffey Pepper General Rose got his first military ·word "right" continues to encounter the sort 'Bankhead Gurney Reed Barkley · Hatch Revercomb -training as a private in the Colorado of objection raised by Senator TAFT, namely, Bilbo Hill Russell National Guard. He distinguished him­ that it means something legally enforceable Brewster Hoey Saltonstall by the individual job seeker, some expression Bridges Johnson, Calif. Shipstead self and added laurels to his State and such as "are entitled to" might be substi­ Briggs Johnson, Colo. Smith · country as a soldier and as an officer in ·tuted for "have the right to." The former Buck Johnston, S. C. Stewart World War No. 1. expression has fewer legal connotations. Burton La Follette Taft For several days the press has carried Bushfleld Langer Taylor I have been advised by the Director of the Butler Lucas Thomas, Okla. stories of General Rose's dauntless cour­ Bureau of the Budget that there is no objec­ Byrd McCarrau Thomas, Utah age in directing his tank division from tion to the subm'ission of this letter. Capehart McClellan Tunnell the foremost position. His orders were With kinqest regards, Capper McFarland Vandenberg Chavez McKellar Wagner not "Forward, march," but "Follow me." Sincerely,· That is the new technique of American CHESTER BOwLES, Connally McMahon Walsh Administrator. Cordon M~gnuson Wheeler military leadership, and ·it is efiective Donnell Mead Wherry leadershJp, as proven by the success of NATIONAL PROGRAM FOR FULL EMPLOY­ Downey Millikin White Eastland Moore Wiley American arms on every battle front; MENT-ADDRESS BY REPRESENTATIVE Ellender Morse Willis Mr. President, it is significant that this HOOK, OF MICHIGAN Ferguson Murdock Wilson Fulbright Murray stalwart American general made the su­ [Mr. WAGNER asked and obtained leave preme sacrifice in the week of the Pass­ _ · to have printed in the RECORD an address on Mj,·. HILL. I announce that the Sen­ ·over, a season of profound significance the so-called full-employment bill delivered ator from Florida [Mr. ANDREws], the to the people of his faith, and a season by Representative HooK, of Michigan, to the Senator from Kentucky [Mr. CHANDLER], when sacrifice is commemorated by them. Marine and Shipbuilding Workers of America the Senator from Arizona [Mr. HAYDEN], on March 23, 1945, at Camden, N. J., which May his great sacrifice purchase all the appears in the Appendix.] the Senator from South Carolina [Mr. freedoms for his beloved America and MAYBANK], the Senator from Louisiana for all the world, both Jew and gentile, PROBLEMS AND OBJECTIVES OF AMERI­ [Mr. OvERTON], the Senator from Mary­ is our prayer and our hope. GAN FOREIGN POLICY-ADDRESS BY land [Mr. RADCLIFFE], the Senator from Mr. President, another American hero THE SECRETARY OF STATE Nevada [Mr. SCRUGHAM], and the Senator has joined the ranks of the immortals. [Mr. McCLELLAN asked _and obtained leave from Maryland [Mr. TYDINGS] are neces­ Mr.-MILLIKIN. Mr. President, I wish to have printed in the REcoRD an address sarily absent. to add my endorsement to the remarks delivered by the Secretary of State at Chicago, The Senator from Virginia [Mr. which my distinguished colleague, the Ill., on April 4, 1945, before the Council of GLASS] is absent from the Senate because Foreign Relations, which appears · in the senior Senator from Colorado, has made Appendix.] of illness. regarding the unfortunate death of Gen­ The Senator from West Virginia [Mr. eral nose. I should like to add that my MEMORIAL ADDRESS BY CHAPLAIN KILGORE] and the Senator from Wash­ distinguished colleague and I have re­ ROLAND B. GITTELSOHN AT. FIFTH ington [Mr. MITCHELL] are absent on quested the War Department to make a MARINE DIVI!SION CEMETERY official business with the Special Com­ full investigation of the circumstances [Mr. THOMAS of Oklahoma asked and ob­ mittee to Investigate the National De­ of the death of General Rose so that it tained leave to have printed in the RECORD fense Program. may be determined whether he was a memorial address delivered by Chaplain Mr. WHERRY. The Senator from Illi­ accorded the rights of a prisoner or was Roland B. · Gittelsohn at the Fifth Marine nois [Mr. BROOKS], the Senator from shot down in cold blood after he had Division Cemetery, on Iwo Jima, which ap­ Connecticut [Mr. HART], , the Senator surrendered. pears in the Appendix.] from New Jersey [Mr. HAwKES], the Sen­ TREATY WITH MEXICO RELATING TO THE GLOBAL PHONETIC ALPHABET-LETTER ator from Iowa [Mr. HICKENLOOPER], the UTILIZATION OF THE WATERS OF CER­ BY FORMER SENATOR OWEN Senator from Wyoming [Mr. RoBERT• TAIN RIVERS [Mr. THOMAS of Oklahoma asked and ob­ soN], the Senator from Idaho [Mr. tained leave to have printed in . the REcoRD THoMAS], the Senator from New Hamp­ The Senate, as in Committee of the a letter dated March 29, 1945, addressed by shire [Mr. ToBEY], and the Senator from Whole, resumed the consideration of the former Senator Robert L. Owen to Miss Alice North Dakota [Mr. YouNG] are necessar­ treaty

I am not in any way opposed to the uous, f:a.r-reachin~ language as para­ national in character, shall remain, except generation of power under proper con­ graph 2 of article 2 contains. as herein otherwise specifically provided, un­ Mr. WHERRY. Mr. President, will the der the exclusive jurisdiction and,control of ditions, or under the control of proper the section of the Commission in whose coUn.­ public agencies. But it seems abhorrent Senator yield? ·. try the works may. be situated. and alarming to me that we are asked The PRESIDING OFFICER. Does the to create in the respective State Depart­ Senator from· California yield to the In relation to that I invite the Sena­ ments the right to proceed to the con­ Senator from Nebraska? tor's attention to paragraph (a) of the struction of · great power projects, and Mr. ·DOWNEY. I yield: proposed interpretative reservations, thereby bind Congress, and plaoe us in a. Mr. WHERRY. I should like to ask whi~h says: position where we shall be dishonored for the Senator if he will make a further That no commitment for works or expendi-· breaching the treaty if we do not me&t observation 'relative to the restriction on tures, other than those specift9ally provided the terms of the contracts which we the powers provided in subparagraph for in the treaty, shall be made by the United ourselves have solemnly assured Mexico (a) on page 2 of the so-called reserva­ States section of the International Bound­ may be made by our State Depart­ tions, and state whether that also applies ary and Water Commission without prior . approval by the legislative branch of the ment. to the two Governments if they should Government. Mr. MILLIKIN. Mr. President, wlll contract to do certain things by their the Senator yield? State departments? It is my under­ Since the 'jurisdiction of these struc­ The PRESIDING OFFICER (Mr. standing of the Senator's statement that tures and works which are limited to the JoHNSTON of South . Carolina. in the the restrictions in paragraph (a) apply boundaries and the limitrophe sections chair). Does the Senator from Califor­ only to the Commission. Therefore; even of the streams are confided to the sepa:.. nia yield to the Senator from Colorado? though the Commission is restricted by rate sections, since the construction and Mr. . DOWNEY. I yield. the requirement that it shall come back operation of plants is a part ol their Mr. MILLIKIN. Any contemplated to Congress and ask for legislative ap­ jurisdiction, since these sections must power plant of the type described by the proval of anything it might want to do, come to Congress for prior approval, Senator would have to nieet with the yet that does not in any way restrict the what remains of the Senator's point? prior approval of Congress, would it not, Departments of State in carrying out a Mr. DOWNEY. Mr. President, it is under the interpretative reservations? separate contract under· the treaty. very clear from. the statement of the - Mr. DOWNEY. No, Mr. President; the Mr. DOWNEY. Let me say that is distinguished Senator from Colorado that Senator has been led into an error. The partly, but not entirely, what I mean. · I have not yet been able to make my interpretative reservations only attempt Certainly there is nothing in reserva­ point clear to him. Later on we will to curtail the power of the American tion (a) that in any way limits tpe pow­ discuss, I think at considerable length, section. ers of the State Departments to go into the very ambiguous and confused pro­ Section 19 deals with the powers of the the hydroelectric business, however they · vision the Senator has just read; but we · State Departments of the two countries; may want to; but, likewise, there is noth­ are not discussing that language now, and the reservations do not. ing in paragraph (a) that·limits the In­ I should rather not be diverted from the Mr. MILLIKIN. · The Senator's point ternational .Boundary and Water Com­ point we are discussing. is, then, that the Commission as such mission, an international body. ' It only Mr. MILLIKIN rose. could engage in an enterprise of tllat kind limits action by the United States sec­ Mr. DOWNEY. Let me finish. What without the prior consent of Congress? tion, which is a different entity. We I am now saying is that under paragraph Mr. DOWNE;Y. No, Mr. President; my have two distinct entities. The Inter­ 2 of article 2 the International Boundary , statement . is, that the "two Govern­ national Boundary and Water Commis­ and Water Commission, an international ments,'' which are defined to· be the re­ sion is given diplomatic status. It has body, is given the jurisdiction and the spective Secretaries of State of the two engineers; it has attorneys; it is given right to decide all disputes that may Nations, may do that. Has the distin­ specific powers. The United States sec­ arise in the execution and observance of guished Senator article 19 before him? tion is made an agency of our Govern­ ~ the treaty. .That is a clause clearly con­ I will hand it to him. It is only three ment, and the reservation curtails· noth­ ferring a judicial capacity to settle dis· or. four lines. If he will read it aloud, ing ll_lOre than our local agency. putes. then vie can understand each other more Mr. WHERRY. So that the reserva­ The language found later deals with clearly, ! .hope. tion does not control the action of the control or physical operation or occupa­ Mr. MILLIKIN. I am willing to read entire Commission? tion of certain of the properties to be it to the Senator. Mr. DOWNEY. That is correct; built, or certain of the land to be em­ Mr. DOWNEY. Let the Senator read clearly it does.not. I might say that that ployed, either by the section or by the it aloud. was the clear intimation of the witnesses Commission. I am now discussing just Mr. MILLIKIN. It reads: of the State Department when they tes­ one point. Unless we restrict ourselves tified. They, themselves, made exactly The two Governments shall conclude such to one point, we shall become endlessly special agreements as may be n_ecessary to the same discrimination I am making confused, ·because this treaty is filled regulate the generation, development, and between the International Boundary with such verbosity and extreme and disposition of electrical power at ·interna­ and Water Commission and the sections confusing language that unless we settle tional plants, including the necessary pro­ in the respective countries. . on one point, and determine it, we shall visions for the export of electric current. Mr. MILLIKIN. Mr. President, will the Senator yield? never make any progress at all. Mr. DOWNEY. Under the treaty, as I Mr. DOWNEY. I yield. Mr. MILLIKIN. , Mr. President­ have said, the "two Governments" are Mr. MILLIKIN. May I invite the dis­ The PRESIDING OFFICER (Mr. JoHN­ defined to mean the Secretaries of State tinguished Senator's attention to the STON of South Carolina in the chair) . of the respective nations, and, if the fifth paragraph of article 2 which I shall Does the Senator from California yield Senator will again look at the. reserva­ read? It is as follows: to the Senator from Colorado? tions offered by the distinguished Semi­ Mr. DOWNEY. I yield. tor from Texas, he will see that the lim­ The jurisdiction of the Commission shall extend to the llmitrophe parts of the Rio Mr. MILLIKIN. I am heartily in itations are only on the action of t:t:e Grande (Rio Bravo) and the Colorado River, favor of the Senator's one-point theory. American section. As a matter of fact, to the land boundary between the two coun­ if proper and just reservations and lim­ I do believe, howeyer, that, in order to ~ries, and to works located upon their com­ understand what we are doing, we have itations are to be placed upon the State :tn.on boundary, each section of the Commis­ Departments and the International sion retaining jurisdiction over that part of to relate the particular parts of the Boundary Commission, we had much the works located within the limits of its treaty to the other parts of the treaty better rewrite the whole treaty. I have own country. Neither section shall as­ which bear on the same subject matter. not even started to point out 1 percent sume jurisdiction or control over works lo­ Mr. DOWNEY. Mr. President, I be­ cated within the limits of the country of lieve the distinguished Senator from of the extreme, ambiguous, and uncer­ the other without the express consent of tain language of the treaty. Let me say the Government of the latter. The works Colorado just read a reservation. Let us to the distinguished Senator that, with constructed, ac·quired, or ·used in fulfillment · read it again: all his wit and learning, I do not believe of the provisions of this treaty and located That no commitment for work or expend!~ he can find a single law · oi ·a single wholly within the territorial limits of either tures, other than those specifically provided treaty containing· such extreme, am big-.· country, although these works may be inter- for in the treaty, shall be·made by the United 1945 CONGRESSIO~AL RECORD-SENATE 3117 States Section of the International Boundary Mr. MILLIKIN. Will the Senator The International Boundary and Water and Water Commission. yield? Commission shall in general exercise and dis­ Mr. DOWNEY. I yield. charge the specific powers and duties en­ Again I wish to say that in the treaty trusted to the Commission by this and other the power of the respective sections to Mr. MILLIKIN. First, as to the SenM treaties and agreements in force between the agree upon any work, or commit the ator's reference to Alice in Wonderland, two countries, and to carry into execution governments to any obligations, is negM I am sure he wants us to believe that lan­ and prevent the violation of the provi!'ions ligible. They are given the duty of esM guage means what he says it means. of those treaties and agreements.. The au­ tablishing gaging stations in the interna­ Mr. DOWNEY. No; I say to the dis­ thorities of each country shall aid a.nd sup­ tional streams, and some other minor tinguished Senator that I do not. I want port the exercise and discharge of these matters. The point I am trying to make - to make language so plain that, instead of powers and duties, and each Commissioner having a fruitful source of serious con­ shall invoke when necessary the jurisdiction to the distinguished Senator is that the of the courts or other appropriat e agencies great power of this treaty is lodged in troversy and bitterness for the next hun­ of his country to aid in the execution and the international body hereby created, a dred years, we may .now settle definitely enforcement of these powers and duties. new creature in the international world, and precisely what it means. as Halley's comet once was, and in the I wish to say to the few Senators who Mr. MILLIKIN. Mr. President, will respective Secretaries of State. are honoring me by . their presence that the Senator yield? Clearly this international body is made in 250 words we could have written a Mr. DOWNEY. Not quite yet. Clear­ a judicial agency, with power to create Colorado River treaty saying that the ly the plan of the treaty-and it cannot its own procedure, and to settle all dis­ United States of America guarantees de­ be denied-is to create a new judicial putes which may arise in the observation livery, through the Bureau of Reclama­ agency, an international body, which will and execution of the treaty. tion, or whatever agency we choose, of have the power to decide and determine, Mr. MILLIKIN. Mr. President, I aslt 750,000 acre-feet, or a million and a half under its own rules of procedure, do­ the Senator to yield for one very brief acre-feet. mestic disputes in the United States. It observation. Instead of that, we have involved our­ is then given the power to call upon every selves in provisions so 'mysterious, and in authority in the United States to enforce Mr. DOWNEY. I yield. ambiguities so great, that before the Sen­ its decrees. Mr. MILLIKIN. All the Senator has ate of the United States is 'through with Mr. MILLIKIN. Will the Senator said must necessarily relate itself to the this treaty, no mind here will be able pos­ yield? other provisions of the treaty which have sibly to follow all its complications. It to do with the jurisdiction and the duties Mr. DOWNEY. Not yet. I have looked happens I have studied the treaty for 30 up the word "authority," and it is almost of the Commission, the Commission as days, and at the end of 30 days I am more distinguished from the sections of the the broadest word which could have been confused and disturbed· about its ambig­ found. It includes everything from a Commission. I assume that in due uous, and I think fatal, language, so far course the Senator will come to that. bailiif up to the Supreme Court of the as we are concerned, than I was in the United States. It includes the Army of Mr. DOWNEY. Yes. I may say to the first week. the United States. distinguished Senator that of course that Mr. MILLIKIN. Will the Senator yield is true, but let me point out to him that Clearly, in simple, unequivocal lan­ further? guage, the International Boundary and a dispute arising between Mexico and Mr. DOWNEY. I yield. the United States, or between our citiM Water Commission is given not only the Mr. MILLIKIN. With reference to the power to decide these disputes but each zens, would not have any particular dispute to which the Senator was re­ situs; I assume. The dispute would arise Commissioner is then called upon to de­ ferring, any dispute that is other than a mand that any authority in the United over the whole area. What we are deal­ pure abstraction must necessarily reflect ing with in the second paragraph is the States or Mexico exercise its power to itself into action on one side or the other enforce the decisions of the Commission. right of the International Boundary of the border. When it does that, it falls Commission to settle all disputes which Mr. MILLIKIN. Mr. President, will the into one or the other of the sections. I Senator yield? may arise. Later, in a very confused and merely suggest for the Senator's consid­ ambiguous way, as we shall see, we deal eration that when it does that, it be­ Mr. DOWNEY. I yield. with s:pecific jurisdiction over specific comes subject, so far as the American Mr. MILLIKIN. The Senator has made properties, the right to control them, the section is concerned, to all our constitu­ two criticisms. The first is that the sec­ right to handle them. I have no doubt tional processes. tions of the Commission shail cooperate the very persuasive intellect of the Sen­ " Mr. DOWNEY. But, Mr. President; the with each other in securing the objec­ ator will attempt to work out some ra­ Senator is making the same fatal argu­ tives of the treaty. Does the Senator tional explanation of this matter. mentative error he is using throughout. suggest that they should fight each I am reminded somewhat by the per­ He is saying that disputes shall be de­ other? sons who have defended the treaty of cided by the respective sections of the His second point is that when they the character in Alice in Wonderland nations, but this treaty does not say that. have something to do they shall use the who used language so loosely that he was Mr. MILLIKIN. I beg the Senator's lawful processes of this country to do. it. finally charged with it, and he said, pardon; I did not say that. I said that His other criticism is that they do not "'Do not worry;. my language means what the disputes to which the Senator refers, use the lawful processes of the country. I say it means." which will be taken up by the Commis­ Which way iS the Senator going to ride Mr. President, I cannot take that at­ sion as such, unless they are abstractions, the horse? titude. This treaty will be in perpetuity, must reflect themselves into action on Mr. DOWNEY. Mr. Presldent, I think and tens of thousands of communities one side of the border or the other, and that sort of questioning and that sort and citizens in Colorado, California, and that the moment they do they fall under of statement are not helpful in working elsewhere, by this treaty, will have all the jurisdiction of the respective sec­ out a sensible, rational treaty. It would their disputes arising under it-and tions; and that when they d ... , then, so be very simple indeed for the treaty to other matters, too, as we shall see as we far as the United States is concerned, the provide that Mexico shall be entitled to get along-referable to a new kind of American section, under one of the in- a million acre-feet of water, more or judicial agency, the International . terpretative reservations,. becomes sub­ less, whatever it·may be, and that it shall Boundary and Water Commission. ject to all our constitutional processes. be the duty and the obligation of the Let me say to the distinguished Sen­ Mr. DOWNEY. The distinguished Bureau of Reclamation to deliver it to ator that if be does not think it means Senator would not have made that state­ her, or that the Army, or some other that, if he thinks it means something ment, I think-and I say this respect­ agency, shall do it, and then let us con­ else much more harmless and much fully-if he had been more familiar with tinue to settle our own disputes. Let more rational, let us amend it. But cer­ 10 or 15 other provisions of the treaty. us continue to handle our own issues and tainly it says in unequivocal language, Let me read to him from article 24, controversies, as we have since 1776 been "This Commission shall have the power which, I think, gives 8 or 9 other cateM entitled to handle them. to settle all disputes arising out o! this gories of extreme and complicated power. Mr. MURDOCK. Mr. President, will treaty." Language could not be more I read from page 33 of the report, sub­ the Senator yield to me so I may sug­ explicit. division (c) : gest the absence of a quorum? 3118 CONGRESSIONAL RECORD-SENATE APRIL 5

The PRESIDING OFFICER (Mr. HILL two Governments have concluded for the set­ different translations meant the same in the chair). Does the Senator from tlements of controversies. thing. I have had a translation made California yield for that purpose? Mr. President, I now wish to point out, from the Spanish, by someone in the Mr. DOWNEY. I yield; yes. first, the two different interpretations Library of Congress. Now let me point Mr. MURDOCK. I suggest the absence which might be made of the first sen-­ out the difference between the two trans­ of a quorum. tence of subdivision (d). Probably it iations, and why I draw the conclusion The PRESIDING OFFICER The clerk is the interpretation one would natu­ that there is a deliberate design to de­ will call the roll. rally make; but by making that inter­ ceive the Senate, and to usurp powers The legislative clerk called the roll, pretation we hav~ a totally irrational . the Senate has never yet given away. and the following Senators answered to statement. Let me read the first sen­ The English version of the treaty reads their names : tence: as follows: Aiken George Myers (d) To settle all differences that may arise To settle all differences that may arise be­ Austin Gerry O'Daniel between the two Governments- tween the two Governments • • • , sub­ Bailey Green O'Mahoney ject to the approval of the two Govern­ Ball _Guffey Pepper Bankhead Gurney Reed Let me interpolate that that · means ments. the two Secretaries of State- Barkley Hatch Revercomb The Spanisp translation reads as fol­ Bilbo Hill Russell with respect to the interpretation or ap­ Brewster Hoey Saltonstall plication of this Treaty, subject to the ap­ lows: Bridges Johnson, Call!. Shipstead To settle, with the approval of the . two Briggs Johnson, Colo. Smith proval of the two Governments. Buck Johnston, S.C. Stewart Governments, all the differences which may Burton La Follette Taft If we take that sentence to mean what arise. · Bushfield Langer Taylor we would ordinarily expect it to mean, it Butler Lucas Thomas, Okla. says that if the two Secretaries of State In other words, there is a very weighty Byrd McCarran Thomas, Utah transposition of the phrase "subject to Capehart McClellan Tunnell have an argument or difference about the the approval of the two Governments," Capper McFarland Vandenberg interpretation of the treaty, they will Chavez McKellar Wagner pass it along to the International Bound­ and the phrase is changed from "subject Connally McMahon Walsh to the approval of the two Governments" Cordon Magnuson Wheeler ary and Water Commission for its ad­ to "with the approval of the two Govern .. Donnell Mead Wherry judication. Then, if the Commission Downey Millikin White makes an adjudication, that decision will ments." _ Eastland , Moore Wiley not mean anything, unless it suits both .I think it is very clear that the claim Ellender Morse Willis would be ·made-and recourse would be Ferguson Murdock wnson Governments, which already have dif­ Fulbright Murray fered regarding the controversy. There had to the Spanish translation, which does not seem to be any fationality in undoubtedly would sustain it-that the The PRESIDING OFFICER. Seventy­ two Governments, when they desire to seven Senators have answered ·to their that arrangement. The two Govern­ ments provide for the appointment of do so, may refer a dispute to the Inter­ names. A quorum is present. national Boundary and Water Commis .. Mr. DOWNEY. Mr. President, before an umpire to settle their dispute, but the dispute has to be settled to the sion, and that Commission will have the the quorum call I had been discussing a power of determination. I would not proposed amendment to strike out para­ satisfaction of both of them. Let me say that inasmuch as my in­ object to that arrangement, if it were graph 2 of article 2, giving an interna­ properly safeguarded anct in precise tional body, the International Boundary terest was aroused regarding this mat­ ter, I referred to the Canadian treaty, language, and if there were a commis­ and Water Commission, judicial capacity sion of, let us say, six members, instead to decide all disputes arising · in the to find whether it had parallel or sim­ ilar provisions. I find that it does have. of two, dealing with judgments which United States from this treaty. I have may involve rights worth hundreds of stated categorically that there is no such The Commission created by the treaty between Great Britain and the United millions of dollars. ~ grant of power in any other treaty, in But let us go a little further, and let any law of the United States, or, so far States is given the power to adjudicate and settle disputes, i ~ the Senate con­ me explain to the Senate why I think as I know, of Great Britain. The power this covering up and confusion of lan- · is clearly given in this treaty to an in­ sents and if a question or issue is re­ ferred. The Canadian-American Com­ guage and the differences between the ternational organization, which is beyond two translations are deliberate. The the jurisdiction of our own courts, to mission is composed of six members. If a majority of four decides on a certain treaty is one of the most involved, am­ decide our own disputes, and to enforce biguous grants of power ever attempted its judgments by use of an the author­ judgment regarding a dispute referred ities in the United States, apparently to it, that judgment becomes binding ·on to be made. It stands in startling con~ from bailiffs up to the Army of the United both Nations. trast to the other water treaty entered States. Then I wondered whether it would into by the United States. As I· have To clearly understand this particular hereafter be contended by someone, said heretofore, the Canadian treaty was issue, I think it is necessary for the Sen­ "Well, this sentence really should read negotiacted by Lord Bryce, the famous ate to have some information and knowl­ as follows: 'Subject to the approval of British writer, then Ambassador to the edge concerning subdivision (d) of arti­ the two Governments, to settle' "-that United States, and by the great, now de­ cle 24, to be found on page 33 of the ma­ means to determine-" 'all differences parted, Elihu Root. Their treaty is sim­ jority report. Let me say, as we read that may arise between the two Govern­ ple, plain, precise, guarded-just as dif .. that subdivision, that we are again taken ments with respect to the interpretation ferent from the excess verbiage ahd com­ into a world of ambiguity and confusion. · of the Treaty,'" and so on. plications of the pending treaty as day I charge that the only possible explana­ n- we transpose that clause, we at is different from night. tion of the astonishing language ·here least have the- possibility of an inter­ Let me read to the Senate the very used is the design of someone who drafted pretation that, when the Secretaries of short paragraph in the Canadian treaty the treaty to usurp the powers of the State differ, they may agree with each paralleling subdivision (d) of article 24. Senate, and to deceive the Senate. other that they will have the disputes I now read article X of the Canadian Subdivision (d) or article 24 reads as determined by the International Bound­ treaty: follows : ary and Water Commission, if its mem­ Any questions or matters of difference (d) To settle all differences _that may arise bers can agree. arisin~? between the high contracting parties, between the two Governments with respect to This treaty has been written in Span­ involvmg the rights, obligations, or i:t1terests the interpretation or applicration of this ish and in English. In many of its con­ of the United States · or the Dominion of treaty, subject to the approval of the two fused, bewildering points, especially Canada either in relation to each other or to Governments. In any case in which the those where the United States clearly is their respective inhabitants, may be referred Commissioners do not reach an agreement, going to take the worst of it, there is a for decision to the International Joint Com­ they shall so inform their respective Govern­ mission by the consent of the two parties- ments reporting their respective opinions difference between the meaning of the and the grounds therefor and the points upon two translations. I have before me the ! may say those two parties are the which they differ, for discussion and adjust­ Spanish and American translations. I Government of the United States and the ment of th~ difference through diplomatic cannot conceive that any man who is Government of Great Britain- channels and for application where proper of acquainted with the Spanish and English it being understood t hat on t he part of the the general or special agreements which the languages could believe that the two United States any such action will be by and 1945 CONGRESSIONAL RECORD-SENATE 3119 with the advice and consent of the· Senate, priate' certain powers from the President and more confusing unless it is read with and on the part of His Majesty's Government and the Congress of the United States. the understanding that the term "two with the consent of the Governor General in Council. In each case so referred, the said Mr. WHITE. Mr. President, will the Govern~ents" means the respective Sec­ Commission is authorized to examine into Senator yield? retaries of State of the United States and and report upon the facts and circumstances Mr. DOWNEY. I yield. of MeXico.. With that in mind; let us of the particular questions and matters re­ Mr. WHITE. .The Senator has re ... again.read the last three lines: ferred to, together with such conclusions ferred to the English and Spanish trans­ For application where proper of the general and recommendations as may be appropri­ lations. I am interested in knowing or special agreements which the two Gov­ ate, subject, however, to any restrictions or. whether the terms of the treaty as ex­ ernments have concluded for the settlement exceptions which may be imposed with re­ of controversies. spect thereto by the terms of the reference. pressed in the two texts differ as to au­ thenticity. Mr. President, I think that only one I interpolate to say that not only are Mr. DOWNEY. Yes; they do. Rely- interpretation can be made of that lan­ the Senate and the President of the . ing on the judgment of Spanish scholars, guage, namely, t~at the two State De­ United States entitled to pass u:pon the I understand there are several major dif­ partments have etrectually and totally question whether there shall be a refer­ ferences between the two ·translations attempted to bypass both the Congress ence, but the Senate of the United States which might lead us into a world of diffi­ and the President of the United States. has the right to help frame the questions culties. If the distinguished Senator Because there are now no special agree­ and determine the isiues. I may say· from Maine wishes to compare the Span· ments, and because the language pro­ that follows our universal custdm, so far ish and English translations on this par­ vides for special agreements by the State as I know. ticular point, and is sufficiently familiar Department, it is clearly within the I read further: with Spanish to. read it, I hand him a power of the State Departments to cre­ A majority of the said Commission shall copy of the Spanish translation and in­ ate, if they so desire, any kind of. a have power to render a decision or finding vite his attention to the top of the page tribunal without reference to the Sen­ upon any of the questions or matters so where he will observe differences in ate or the President, and present any referred. translation of the pertinent phrases. He If the said Commission is equally divided issues in any way which they may desire. or otherwise unable to render a decision will note the words "to settle", and then If the treaty shall be ratified, it is so or finding as to any questions or mattl'lrs so the qualifying phr~e "subject to approv­ certain that "he who runs may read," referred, it shall be the duty of the Commis­ al" placed at the end of the sentence. that within 20 years the people of the sioners to m ake a joint report to both Gov­ Mr. President, let us consider the next Southwest will face a major catastrophe. ernments, or separate reports to their re- . step. Paragraph (d) of article 24 con­ We are asked to make an arrangement spective Governments, showing the different tinues: conclusions arrived at with regard to the freely and gratuitously to give Mexico matters or questions so .referred, which In any case in which the Commissioners do the use of from 5,000,000 to 6,000,000 questions or matters shall thereupon be re­ not reach an agreement, they shall so inform acre-feet of water. In looking ahead 20 ferred for decision by the high contracting their respective Governments reporting their years we know that the return :flow will parties to an umpire chosen in accordance respective opinions and the grounds therefor be a large part of the water going down w_ith the procedure prescribed in the fourth, and the points upon which they differ for the river. It will be higbly saline. There fifth, and sixth paragraphs of article XLV discussion and adjustment of the difference through diplomatic channels- will be a shortage of water. During of The Hague Convention for the pacific those years Mexico will have been using settlement of international disputes, dated . And so forth. Manifestly one would. October 18, 1907. Such umpire shall have twice as much water as the upper basin power to render a final decision with respect think that if the two Governments had a States. The whole treaty has been to those matters and questions so referred difference of opinion o:q. some point of drafted so as to allow Mexico to use our on which the Commission failed to agree. the treaty, had been unable to reconcile facilities for the receipt of five or six it and the two Commissioners could not million acre-fe.et of water. Then we There is a plain, simple, concise agree, nothing. could be accomplished 'might become involved in several great method of, referral, written in language through diplomatic channels. So I think controversies. We might be faced with which any of us can understand, and that is a minor and unimportant phrase questions such as, Is Mexico entitled to properly safeguarding the rights of both in the treaty. the same kind .and quality of water countries. Let us take the last clause and see into guaranteed under the treaty? Is Mex­ Let us again compare that to the very what an unlimited field of speculation it ico entitled to claim that she has built ambiguous and confusing language · of draws us. I now read from the last three up a right by virtue of the use of that the pending treaty, reading as follows: lines of paragraph (d): water and that we · would now attempt (d) To settle all differences that may arise to destroy her civilization which we our­ between the two Govermnents with respect And for application where proper of the to the interpretation or application of this general or special agreements which the two selves helped to build through our own treaty. subject to the approval of the two Governments have concluded for the settle­ facilities? Governments. In any case in which the ment of controversies. (At this point Mr. DOWNEY yielded to Commissioners do not reach an agreement, Mr. President, what does that mean? Mr. LucAs for consideration of Senate they shall so inform their respective Govern­ It refers to the possibility of a dispute Resolution 79, which appears elsewhere ments reporting their respective opinions in today's RECORD under the appropriate and the grounds therefor and the points which has arisen between the two State heading.) upon which they differ, for discussion and Departments being referred to some tribunal or some agency for settlement Mr. DOWNEY. Mr. President­ adjustment of the difference through diplo­ Mr. MURDOCK. Mr. President, will matic channels and for application where under general or special agreements ar­ the Senator yield? · proper of "the general or special agreeme~ts rived at between the two Governments. which the two Governments have concluded I have made an extended search and Mr. DOWNEY. I yield. for the settlements of controversies. Mr. MURDOCK. I make the point of have been unable to find that we have no quorum. Mr. President, allow me to point out any special agreement with Mexico for that here is an attempt, under the treaty, the settlement of disputes. It may very The PRESIDING OFFICER. Does to allow the State Department and the well be, Mr. President, that special agree­ the Senator from California yield for ments without this authority have been that purpose? International Boundary Water Commis­ Mr. sion to bypass the Congress of the made between our two Governments for DOWNEY. Yes; I yield. United States and the President of the the settlement of disputes, but I have The PRESIDING OFFICER. The United States in the settlement of dis­ been unable to ascertain any facts con­ point of no quorum having been made, cerning them. the clerk will call the roll. · putes. In constdering the Spanish trans­ The Chief Clerk called the roll, and lation, I think it is clear that the lan­ I may also say_that it might be thought the following Senators answered to their guage would. be held to mean that the that provision is ·being made to refer the controversy or the issue under the inter­ names: two governments, acting through their ·Aiken Brewster Byrd respective Secretaries of State, could re- • national arbitration treaty of the pan­ Austin Bridges Capehart . fer any question for final determination American nations of 1929: But again we Bailey Briggs Capper to the two sections. I am sure that the see that that could not be done. Let us Ball Buck Chavez Bankhead Burton Connally reason for that aml;>iguity in the English bear in mind throughout this discussion . Barkley Bushfteld Cordon translation is a palpable desire to appro .. that this treaty becomes more misleading Bilbo Butler Donnell 3120 CONGRESSIONAL RECORD-SENATE APRIL 5 Downey McCarran Saltonstall accurate, or incomplete, distorted, or ticle 2 in connection with article 19. I Eastland McClellan Shipstead might say there are a great many con­ Ellender McFarland Smith totally false. Ferguson McKellar Stewart The black book, in discussing article ditions in the treaty in which the con­ Fulbright McMahon Taft 19, says this: struction of that language becomes of George • Magnuson Taylor immense importance. I am taking ar­ Gerry , Mead Thomas, Okla. This' article makes provision for. the regu­ Green Millikin Thomas, Utah lation by the two Governments of the gener­ ticle 19 only because it .is very short and Guffey Moore Tunnell · ation and disposition of electric energy . at simple and deals with conditions with Gurney Morse Vandenberg international plants which may be built on which we are all familiar. I would say Hatch Murdock Wagner the boundary portion of• the Rio Grande. Hill Murray Walsh if we give the ordinary meaning to the Hoey Myers Wheeler There is no such limitation in article language in paragraph· 2 of article 2 Johnson, Calif. O'Daniel Wherry that- Johnson, Colo. O'Mahoney White 19. Other statements by the representa­ Johnston, S.C. Pepper Wiley tives of the State ·Department show, as The application of the present treaty, the La Follette Reed Willis the face of the treaty shows, that article regulation and. exercise of the rights and Langer Revercomb Wilson obligations which the two Governments as­ Lucas Russell 19 is in the portion of the treaty dealing with the Colorado River, the Tia Juana, sume thereunder, and the settlement of all The PRESIDING OFFICER. Seventy- . disputes to which its observance and ex­ and the Rio Grande. Yet here was the ecution may give rise are hereby entrusted seven Senators having answered to their person who drafted this black book to the International Boundary and Water names, a quorum is present. either so totally ignorant of the facts that Commission. Mr. DOWNEY. Mr. President, in the he misstated them, or intentionally de­ first part of this address I stated that the signing to misconstrue the powers. It would certainly give. to that Com­ reservations or interpretations which the The powers under .article 19 are not mission the power to say whether that distinguished chairman of the Commit­ limited by the treaty to the Rio Grande, section applied to steam plants as well te'e on Foreign Relations stated would be as improperly stated in the black book. as hydroelectric plants; applied to what presented were entirely futile and mean­ Article 19 raises a great many ques­ · kinds of distribution systems. It would ingless, because they attempt to go only tions. In the first part of the treaty, give the Commission the right to de­ to the power granted to the. American where the Commission is given the power vote the power wholly to public uses or section of . the International Boundary to build electrical plants, they are char- · to sell it to some great private corpora­ and Water Commission, and do not pnr­ acterized as hydroelectric plants. For tion. port to go to the power granted to the some reason in article . 19 the prefix Mr. ·MILLIKIN. Mr. President, will International Boundary and Water Com­ "hydro" is dropped· out. So I .think the ·the Senator yield? mission, or to the two State Depart­ fair implication arises that under the Mr. DOWNEY Yes; I yield. ments. authority contained in article 19 the two Mr. MILLIKIN. Will the Senator not I also stated that at least 90 or 95 per­ State Departments could put in steam conced,e that wider one of the interpre- cent of the dictatorial and extreme pow­ plants if they desired. We have _found -tative reservations proposed by the dis­ ers granted in the treaty were lodged in in the West, and I think elsewhere tinguished senior Senator from Texas. the International Boundary and Water throughout the United States, that the that· before any work shall be con­ Commission and in the State Depart­ proper and rational regulation and dis.;. structed the prior consent of Congress ments. Only to a very minor degree are position o.f hydroelectric power requires must be had? Mr. DOWNEY. I did not clearly un­ they lodged in the respective sections in the concurrent use of power ~:>roduced 'by each nation. ·steam. derstand the question. Mr. President, I had pointed out one of Again I would have no objection, if it Mr. MILLIKIN. I ask the Senator the very simplest and shortest of the was desired in· the treaty to give some whether he would concede that there articles, but one conferring on the State power, and plainly and precisely to de­ is a proposed . reservation before this Departments huge power and authority. fine and delimit it, but we are left in a body whereby before ~ny works or plants It is article 19. It is only three lines long, . state of confusion and uncertainty after are constructed the prior consent of and I wish to read it a:gain, and again I reading article 19 as to whether it is Congress must be had? want to say in advance, that among the solely a grant of power for hydroelectric Mr. DOWNEJY. No, Mr. President. 1 . definitions of phrases contained' in the . plants or whether al&o it carries the right wish to say to the distinguished Senator treaty, the expression "two Goverm;nents'' to build steam plants with it. that I am quite sure that he is wrong in is said to mean the State Departments of The reason I am making these com­ that respect. The interpretative reser­ the two-Nations. Article 19 reads: ments at this particular time is because, vations are very plain. If I may read The two Governments shall conclude such when I began my address, I stated that the language in all three of them: special agreements as may be necessary to I later would present an amendment. to That no commitment for work or expend­ regulate the generation, dev~lopment, and the Senate l:ltriking out paragraph 2 of itures shall be m~de by the United States disposition of electric power at international article 2 of the treaty, which gives the section of the International Boundary and plants, including the necessary provisions Water Commission. for the export of electric current. International Boundary Commission the complete and plenary power to deter- · Throughout those three reservations, In that article the Senate of the United mine the meaning of the treaty and the I might say to the distinguished SenatoJ;' States is saying to the State Depart­ rights and obligations existing under the from Colorado, the expression is used ments, "You have a green light. You treaty. "the United States section of the. Inter- may build whatever electric generating Mr. President, I know of no other law national Boundary and Water Commis­ plants you think are advisable, and you that Congress has passed which gives sion." That would not in any way cur- · may build transmission lines"-and, as such a grant of power to any of our own tail or limit the grant of power to the I shall show in other sections-"have governmental agencies as is contained in two Secretaries of State. Not at all, Mr. entire power of sale and regulation.'' article 19. I am somewhat familiar with President. One of the most amazing things in the the1>ower given to the Reclamation Bu- Mr. Mil.JLIKIN. Let me ask the dis­ hearing and in the treaty is ~he myriad reau and other governmental agencies tinguished Senator: Where would the of inaccuracies appearing almost every­ in the West, but I know of no such un- Commission as such get the money to where. As we proceed,· I think that in limited grant. build these power plants? almost every article and every sentence I forgot to mention that while tbe Mr. DOWNEY. I will say to the dis- we can point out either very loose and very moderate and concise Canadian tinguished Senator that, when we go negligent explanations or language, or a treaty comes up for renewal every 5 deeper into th~ treaty, I think some design to deceive the Senate of _the years, this treaty, of course, may be in Senators will probably agree that the United States. perpetuity, It can never be changed Commission will have the power to bar­ A black book, so-called, was first except by consent of both countries, al- row the money and perhaps even compel distributed to the members of the Com­ though it may be breached by Congress . the R. F. ·c. to ·loan money. We will go . mittee on Foreign Relations by the State if we want to dishonor our own con- · into that later. But let us consider the Dapartment, containing an alleged de­ tract. immediate point. I presume the Com.:. scription and a9count of the treaty. In Mr. President, I ask Senators .to re- mission would come to Congress for the many cases the statements in it are in- fleet upon the second par~graph of ar- money, for an ·appropriation; and I will '· ·-

"1945 CONGRESSIONAL REC .QRD-SENAT~ 3121 freely grant that Congress would have any other meaning out of it. Let me Mr. MILLIKIN. I am listening very in­ the right to breach the treaty if it so read it again- tently to the Senator's development of his _ desir~d. The Supreme Court has held The two Governments- . views. He has stated that the matter that when the intention of Congress is By definition, meaning the two State does not have to come to Congress for unequivocal not to. live up to the terms it~ prior consent. The issue is, Does it of a treaty, the later statute overrides Departments- or does it not? That· is why' I make my the treaty. As the distinguished Sen­ shall conclude- present comments on the basis of an as­ ator knows, under the Constitution, the I emphasize the word 'iconclude." It sumption. laws of Congress and treaties are made means to bring to a final end-conclude, Mr. DOWNEY. Again, I wish to have . the supreme law of the land. The treaty as against Congress and the President:­ it clearly understood that this is only is an obligation between two govern­ such special agreements as may be necessary one of many cases in which, under the ments, but if the Congress wants to dis­ to regulate the generation, developmeht, and treaty, agencies or persons are given the hm;J.Or itself, if Congress wants to say, disposition of such electri't: power at inter­ green light by us to do whatever they wish "Surely we agreed that this contract national plants, including the necessary pro­ to do in certain respects.· Of course, it is could be made and this procedure be visions for the export of electric current. • true that if our Government, through the followed, but now we are sorry and we ·I am not saying to the distinguished Secretary of State, should enter into a will not make the necessary appropria­ Senator that this body does not have the contract with Mexico to spend $250,000,- tions," Congress can do so. . right to change that provision. I hope it 000 for hydroelectric plants, the House Mr. MILLIKIN. To shorten the dis­ \viii. I am only saying that the inter­ of Representatives and the Senate could cussion between us, the assRmption dn pretative reservations already presented say, "We gave you the power. to make my part is that Congress would have to · by the Senator from Texas sfo not go to that contract, but we think it is an im­ give preliminary col}sent. That is either that extent at all, although, judging from provident contract, and we are not go­ implied in the treaty, or results from a his remarks, he evidently believes that ing to live up to it. We are not going to · reservation. On that assumption, which they do. let you have the money." I do not ask the Senator to join, I sug­ Mr. MILLIKIN. I do not wish to argue Congress would have the power to dd · gest that Congress then, as it customarily that. The sovereignty of the United does in all its authorization bills, could with the Senator at this time with re­ States would then be in default. There limit and prescribe all the . duties with spect to his interpretation of the inter­ might be ·an appeal to international ar­ · respect to the generation and distribu­ pretative reservations of the treaty. I am merely suggesting that, on the basis bitration; and, to the extent that Mexico tion of electric energy. of the assumption which I have stated, might show that she was injured by our Mr. DOWNEY. The treaty simply is and which I do not ask the Senator to failure to live up to our treaty, she could not written that way. It would be very possiblY. demand reparations. We cer­ simple to add three or four lines, pro­ accept, Congress, when it appropriates tainly would be disgraced in the eyes of viding that before the American section the money, in accordance with its tradi­ the world, because we would be breach- of the International Boundary and tional habit, can prescribe all the rules ing our treaty. · Water Commission, the Commission it- . and regulations applicable to spending Mr. O'MAHONEY. Mr. President, will self, or the · respective governments, of the money. After the Congress has the Senator yield? · meaning the two State Departments, . done that; it is customary routi.D.e ad­ I ministrative practice for the responsible Mr. DOWNEY. yield. shall make any commitments, they shall Mr. O'MAHONEY. As I understand re.ceive the prior consent of Congress. agencies to make the necessary admin­ the argument which the distinguished We could do that, Mr. President, but we istrative contracts. There is. nothing Senator from California is making, it is have not done it. Again, let me say that novel about that. Under the Boulder to the effect that the terms or words of the interpretative res·ervations do not Canyon Act, Arizona, Nevada, and Cali: article 19, when interpreted in · the light even attempt to reach the conditions of fornia have administrative contracts of paragraph 2 of article 2, convey to ·the article 19. with the D~partment of the Interior, . International Boundary and Water Com­ Mr. MILLIKIN. I did not intend to go which were authorized by Congress. , mission the authority to make special .into the whole field of interpretation. I Mr. DOWNEY. I thmk the Senator agreements. Is that the Senator's con­ am listening intently to the Senator's fails to take .into account the fact that a tention? arguments. I merely wish to .offer the treaty is a contract between two sover­ Mr. DOWNEY. In paragraph 2 of suggestion that the Secretary of State, eignties . . It can be made by our Presi- article 2, power is given by us to the In­ the R. F. C., and other domestic· agencies . dent for us, if the Senate gives its advice ternational Boundary and Water Com­ are under the control of .Congress. If and consent. In the unequivocal lan­ mission to determine the scope of the we wished to do so-l am not suggesting guage of the treaty, we are saying to powers and privileges of the two nations · that we should-:-we could prescribe a Mexico, "your Secretary.of State and our under the treaty. The International legislative code for · the conduct of the Secretary of State shall have the right Boundary and Water Commission would Secretary of State with reference to to bind the two Governments by what­ have the right to say what should be the treaties of this kind. Congress enacts ever arrangements they may wish to limits on the two Governments-that is, · the laws which give the Secretary of make for the ·production, tlisposition, the two Secretaries of State-under arti­ State ·his power. It could . take away and transfer ef electric power." There cle 19. I am now referring only to the every power of the Secretary of State. is no · reason for the distinguished Sen­ second paragraph of article 2. It could prescribe a complete code for ator and me to argue about it. If he is Mr. O'MAHONEY. The second para­ the use of his power. The same situa- willing to add 5 or 10 lines' to the treaty, ·graph of article 2 merely provides that . tion applies with respe'ct to the Recon­ between 50 and 100 bad situations can the International Boundary and Water struction Finance Corporation. If we be cleared up by such language, provid­ Commission shall have the authority to wished to do so-and I make nothing ing that before the Secretaries of State, apply the present treaty, if it shall be ap­ particular of the argument at this mo­ the American Section of the Interna­ proved, and shall have the power to reg­ ment--;we could completely limit all the tional Boundary and Water Commission, ulate and exercise the rights and obliga­ agencies which the Stnator thinks might or the International Boundary and Water tions which the· two Governments as­ possibly have a hand in furnishing money Commission itself, can make any bind­ sume under the treaty. That is correct, for the construction of such projects. - ing contract, the plans must first be sub­ is it not? Mr. DOWNEY. Of course, we could; mitted to the Congress of the United Mr. DOWNEY. Yes; that is correct. ·and that is one of the things I will seek States and receive its approval. It is Mr. O'MAHONEY. The question whicl\ to have done in connection with this something which we do not have to leave I wish to ask the Senator is whether it is treaty. I wish to have it made plain in doubt. his contention that article 19, which that neither the American section, the Mr. MILLIKIN. Mr. President, will the provides that the two Governments shall Commission itself, nor the State Depart­ Senator yield? · • conclude such special agreements as may ment, shall have the power to enter into The PRESIDING OFFICER (Mr. L'UCAS · be necessary to regulate the generation, contracts binding· the Government. in the chair). Does the SenatOT from development, and disposition of electric The Senator and I seem to differ with California yield to the Senator from Colo- power at international plants, amounts respect to article 19. 'n is so simple, so rado? · ,to a conveyance to the :rnternational plain, and so precise that I cann'ot make Mr. DOWNEY~ ;r yield. Boundary and Water Commission of the 3122 CONGR.ESS10NAL RECORD-SENATE APRIL 5 power to make such special agreements? is restrictive, and not at all a grant of partment. · My own inclination at the Mr. DOWNEY. No, Mr. President; I power, as the Senator argues. present state of the development of the have not been making any such conten- Mr. DOWNEY. Mr. President, argument is to interpret this language tion as that. ~· throughout the hearings, the witnesses as meaning merely that where exE!cutive Mr. O'MAHONEY. I wished to be on the. part of the State Department as­ agreements in their narrow sense are clear. I tliank the Senator. · sumed that when the expression "the two necessary, they may be carried out by Mr. DOWNEY. Article 19 very clearly Governments'' was used, ·it included and negotiations by the State Department; gives to the State Departments cif the referred to the two State Departments. I but I see. nothing here to indicate any two countries the power to .conclude such think it is very clear that it does. intention to convey away the treaty­ special agreements as they wish to con­ Mr. O'MAHONEY. It has never been making power of th~ Gc,wernment of the · clude, relating to hydroelectric power my understanding that the word "Gov­ United States, which includes the Sen­ and perhaps to other kinds of power. ernment," as so used, refers to an ap­ .ate. Perha'PS tlie Senator will convince Article 19 is very simple; it is very pre­ pointive branch of the Government of me as he proceeds. cise ~ It gives to our State Department, the United States. Certainly, when used Mr. DOWNEY . . Mr. President, I have on behalf of the United States, the power fn an international treaty, the word no . hope of convincing the Senator if to conclude whatever kind of treaty it ·"Government," it ·seems to me, ih all this very plain .language does· not do so. d~sires to have concluded. In effect, we reason and common sense should be in­ The treaty provides, for some particular, pass over to the State . Department, in terpreted as applying solely to the Gov­ specific ·reason, that where· the expres­ advance, the treaty-making power. ernment in its· entire capacity; namely, sion "two· Governments" is used, it Perhaps I make a somewhat broader ·the executive, legislative, and judicial means that the matter shall be handled interpretation of the word "application,'' branches. · by the 'State Departments. I do not in paragraph 2 of article 2, than the dis­ Mr. DOWNEY. I agree with the dis­ . think anyone else has taken the position tinguished Senatm from Wyoming does. tinguished Senator. By simply striking the Senator takes, so far as I know, with I have looked up the definition of the out a few words we will clarify the point. the possible exception of the distin­ words "The application of the present I may say that the witnesses for the State guished junior Senator from Colorado. treaty." I think we thereby make the Department assumed that the correct All the witnesses on the part of the State Boundary Commission the 'judge or the interpretation is the one I have made. Department and all the other· witnesses. agency which shall determine·with what Perhaps ambiguity may be· found in so far as I understand, and certainly all scope and as to what rights and against the use of the words "or through." If so, . the lawyers on our side, considered that · what persons the treaty shall apply. The let us leave them out. If we leave them it is very plain that this language is a Senator from Wyoming may be correct · out, we find that the language is- · clear designation of power on the part of the two Governments regarding the de- in giving it the meaning he does, in re­ Whenever there are provisions _ in this gard to the application of the treaty; treaty for joint action or joint agreement by . veloi>ment and disposition of power. but that can scarcely be the correct the two Governments, or for, the furnishing Again, I say to the distinguished Sen· meaning, because under the treaty pow­ of reports, studies, or plans to the two ator that, even· if we assume he may be ers are given to the State Department Governments, or similar provisions, it shall _correct, certainl-y the lang'uage is highly and to the American section. be understood that the particular matter in ambiguous. Here is a phrase which Mr. O'MAHONEY. Mr. President, will question shall be handled by the Department comes into the treaty, one which has of Stat~ · of the United States and the never before been used in any treaty the Senator further yield? Ministry of Foreign Relations of Mexico: · Mr. :JOWNEY. I yield. or law of which I know. It is a simple Mr. O'MAHONEY. I merely asked a Such ·a provision clearly bypasses the matter to strike it out, and to provide question. I did not make an attempt to . Congress and, I think, the President of that whenever the two Governments are interpret the language. I merely tried · the United States. named, such agency as the Senator may to make clear in my own mind what If the ·distinguished Senator will read have in mind shall act: the S::mator(s point was. , the reports of the State Department and I, for one, certainly cannot agree that ·Now, returning to article 19, I wish to the testimony on behalf of the State De­ under article 19 it would be necessary · ask the Senator on what ground he con­ partment, he will find that they clearly for the. State Department, in making the tends that the use of the phrase "the give that interpretation .and meaning contract as provided for in a!-"ti.cle 19, two Governments'' means the two State to the provision; namely, that the ex­ to act by and with the consent of the Departments. pression "two Governments," when used President and of Congress. Mr. DOWNEY. If the distinguished in the treaty, calls for action by or Mr. O'MAHONEY. Let me ask the through .the State Department. S en~tor from Wyoming will return to Senator another question . . I have before article 2, paragraph 3, reading: Let me ask the· distinguished Senator me the reservations intended to be pro­ posed by the distinguished .chairman of 'llle Commission shall in all respects have to examine article 19. If the Senator the status of an i nternational body, and shall gives it any interpretation other than the Foreign Relations Committee, the consist of a- United States section and a that, how does he mean that the two senior Senator from Texas. Paragraph Mexican section. The head of each section Governments shall enter into the spe­ (a) re.ads as follows: shall be an engineer commissioner. cial agreements? Does the · Senator (a) That no commitment for works or ex­ Now I read the important language:. mean they shall do so by anot~er treaty penditures, other~ than those specifically. coming before the Senate? provided for in the treaty, shall be made by Whenever there are provisions in this the United States section of the Interna­ t reaty for joint action' or joint agreement Mr. O'MAHONEY. It might easily be so. It would depend upon what the type tional Boundary and Water Commission by the the two Governments, or for the without prior approval by the legislative furnishing of reports, studies, or plans to of agreement might turn out to be. It branch of. the Government. the t wo Governments, .or similar provisions, might be a purely administrative ,agree­ it sh all be understood that the particular ment which would not require any ac­ · Is it the contention o! the Senator m at t er in question shall be handled by or tion by the Senate of the United States. from California that because this reser­ through t he Department ol · State of the . It seems to me that we have here a vation refers to the United States sec­ United States and the Ministry of Foreign clear illustration of what an executive tion of the Commission it does ·not pre· Relations of Mexico. agreement can be. An executive agree­ vent the two Governments, under article Mr. O'MAHONEY. The words veto. mission under article 24 of the treaty. national Boundary and Water Commis­ Throughout th~ treaty and, as we shall Paragraph (a) of article 24 of the sion and the State Departments." There see later when examining the reserva­ treaty reads in part as follows: is no purpose in having a vastcamount of tions, there is weird and unusual lan­ To initiate and cai;ry on investigations and ambiguity. We have been dealing only guage which any lawyer will find exceed­ develop plans for _the works which are to be with comparatively simple matters. ingly difficult properly to assess. constructed or established in accordance with Later I shall show the Senator to what Again, I wish to point out how totally the provisions of this and other treaties or complication and bewilderment we may inaccurate and misleading were the agreements in force- come in this matter. statements made to the Foreign Rela­ And so forth. Are the powers as set Mr. President, again I wish to point out. tions Committee by certain individuals. forth in paragraph (a) of article 24, as how wholly inaccurate were the reports Perhaps some of the Senators have over­ well as paragraphs (b) and (c), specifi­ on this treaty which were. made by rep­ looked it, but there is involved in this cally provided for in the treaty? resentatives of our Government to the treaty not two rivers but three riv~rs. As a second question I should like to Foreign Relations Committee. We hav.e The third river is the Tia Juana. It is a ask the Senator whether the language already seen a marked difference of opin-. small, humble, and modest stream which which I am about to read relates only ion in two transla.tions. We have already rises in Lower California and flows into to treaties and agreements which are in read from the black book in which was the Pacific Ocean above San Diego. force at the time this ·instrument is rati­ described a very different situation con­ There are hundreds of farmers living in fied-if it shall be ratified-or whether cerning article 19 of the treaty. the Tia Juana Valley who are dependent it includes treaties and agreements which Mr. WILEY rose. upon irrigation from that stream. . One may hereafter be negotiated and here­ Mr. DOWNEY. I shall be very happy of our beautiful cities in that region ob­ after put into force between the two Gov­ to yield to the Senator from Wisconsin tains its water supply from the Tia-Juana ernments. The language to which I re- whom I see standing. River. fer reads as follows: ' Mr. WILEY. Mr. President, I have lis- The Mead report was to the effect that Established· in accordance with the pro­ tened to the argument of the Senator in it would be very simple and easy for the visions of thiS' and other treaties or agree­ "relation to article -19 of the treaty. If State· of California, or the city of San ments in force. _we were to insert the word "hydro" be­ Diego, to enter into some kind .of an Mr. DOWNEY. I should like to be . fore the word "electric," and insert the agreement with Mexico concerning the word "hydro" before the word "plants" helpful to the distinguished Senator as use of the water from the Tia Juana. I he has been to me so many times, but would that in his opinion clarify. the think it should be done. I do not think language? both provisions about which the Sen­ the Federal Government should be bur­ ator inquires are, to me, ambiguous. I Mr. DOWNEY. Yes; I think it would dened with the matter, except to give its help very much to clarify the language. do not know. Among our own group of consent. Naturally, I, for one, shall pro­ lawyers-and there are some very able Mr. WILEY. I wish to propound to test as loudly as I can against interfer­ the Senator another question. Para­ men here froi:n California, I might say ing with-the welfare of the people living to the distinguished Senator from , graph (a) of the Connally reservation in the Tia Juana Valley. . reads as follows: Maine-there is a marked difference of In the report of the Secretary of State opinion as to what would constitute a That no commitment for works or expend­ which was transmitted by the President specific power. Tl).e American section itures, other than those specifically provided to the United States Senate it is un­ of the International Boundary and Water .for in the treaty, shall be made by the United equivocally stated, in language so plain States section of the International Boundary Commission has almost no power to make and Water Commission without prior ap­ that no one can doubt its meaning, that commitments for' money or for build­ proval by the legislative branch of the the only provisions in the treaty relating ings, but one of the :Powers it does have Government. to the Tia Juana River are those provid­ is to provide for gaging stations on inter­ ing for an investigation and for recom­ the Senator's objection be satis­ national streams. Among our own group W~uld mendations to the two countries involved. of lawyers, there was a radical differ-­ fied by inserting, in line 7, after the In carefully reading the treaty I believe words "by the" the words "State Depart­ ence of opinion as to whether that was that all Senators will be convinced that a specific power or a general power. In ment or''? it would hand over to our two State De­ other words, under that could the Ameri­ Mr. DOWNEY. I believe the insertion partments complete · power of treaty of those words would greatly improve the can section proceed to make arrange­ making Qetween Mexico and the United ments under a specific power to put in language. I may suggest that instead of States regarding the Tia Juana River. inserting the words "United States sec­ gaging stations, or would the specific Mr. WHITE. Mr. President, will the power relate to a particular gaging sta­ tion" we insert the words "State Depart­ Senator yield? ment." That would meet my objection. tion? I simply do not know. There are Senators who are very much Mr. DOWNEY. I yield. I have forgotten the second part of more experienced than I am. Through­ Mr. WHITE. A moment ago the Sen­ the Senator's question, but I could not out this treaty and in the reservations, ator was speaking of reservations which have answered that either, because the strange and unusual language has been have been suggested, and from which I language is too ambiguous. used, indicating that the draftsmanship quote in part. Paragraph (a) of the Mr. WHITE. The substance of what was that of someone who is not a lawyer Connally amendment reads: the Senator has said furnishes no infor­ or even familiar with the processes of the That no commitment for works or ex­ mation at all to me. United States Government. The distin­ penditures, other than those specifically pro­ Mr. DOWNEY. Yes, I understand; guished Senator who has just spoken will vided for in the treaty, shall be made by the and I have no information to give, be"' note in the suggested reservation that United States section of the International cause to me the questions raised by the Boundary and Water Commission without Senator could be learnedly argued by instead of providing for .action by an act prior approval by the legislative branch of of Congress, which would naturally be the Government. distinguished lawyers, such as we have expected, the language is, "approval by in the Senate,- and very persuasively the legislative branch of the Govern­ The meaning of that reservation turns argued, as the distinguished Senator ment." If the language had been "ap­ entirely on what is specifically provided from Colorado argued yesterday, but I proval by the Senate," we would have a for in the treaty. It causes me to invite cannot think that persuasive argument different thing. Does the use of the words the Senator's attention to article 24 of removes the ambiguity. "by the legislative branch" mean a con­ the treaty, the first paragraph of which· Mr. WILEY. Mr. President, will the current resolution? I . do not know. I reads: Senator yield? · discussed the point with representatives The International Boundary and Water Mr. DOWNEY. I yield. of our legislative counsel, and they stated Commission shall have, in addition to the Mr. WILEY. In relation to article 24, that they had no idea why that particu­ powers and duties otherwise specifically pro­ a portion of which was read by the lar language had been used. The usual vided in this treaty, the following powers minority leader, I refer to paragraph (b), expression is, "by act of Congress," which and duties: which in part reads: would require the signature of the Presi­ That language refers to the powers To construct the works agreed upon or to dent of the United States,. if the law were and duties which ~re conferred on the supervise their cons.t:ruction. 3124 CONGRESSIONA:L RECORD-SENATE APRIL 5 Is it the judgment of the distinguished and duties of the International Boundary river, rights-of-way and rights in rem, that Senator from California that if para• and Wat.er Commission: it may be necessary- graph (a) of the so-called Connally reso­ (a.) To Initiate and carry on Investigations And so on. Does that mean that legal lutions were amended to read as I sug­ and develop plans for the works which are to title will be taken by each section-is gested, to wit, "That no commitments for be constructed or established in acoordance that what it means-to the exclusion of work or expenditures, other than those with the provisions of this and other treaties or agreements in force between the two Gov­ the Government of the United States? specifically provided for in the treaty, ernments dealing with boundaries and inter­ Why is that expression used, "direct own­ shall be made by the Government," or, national waters; to determine, as to such ership and control througn its own sec­ we will say, "the State Department, or works, their location, size, kind, and char­ tion of the Commission"? What is the the United States section of the Inter­ acteristic specifications; to estimate the cost reason for putting that in? What does national Boundary and Water Commis­ of such works; and to recommend the divi­ it mean? If these facilities are to be sion, without approval by the legislative sion of such costs between the two Govern­ built by the Government of the United branch of the Government," then there ments- States,, why would we want to vest title, would be provided such a check as the I want to emphasize the next clause­ ownership, and control in the respective Senator has spoken about. In other the arrangements for the furnishing of the sections? words, there could not be a free-for-all necessary funds. Mr. FERGUSON. Mr. President, will expenditure by either the Secretary of the Senator from California·yield? State or the United States section of "The arrangements for the furnishing Mr. DOWNEY. I yield . International Boundary and Water . of the necessary funds." So far as I am Mr. FERGUSON. Could that section Commission. advised b:, the lawyers representing the mean the Secretary of State? Is there Mr. DOWNEY. Yes; I would agree Senate, they know of no such language any authority for . the Secretary of with what the Senator says on that in any other treaty or in any law. They State-that is, the executive branch of point. Apt language could_ be used to · do not know what ~t means. Could it be the Government, I take it-to own real convey clearly the idea that the Congress argued that it means that to the extent estate? of the United States must agree to what the receipts are coming in for the sale of Mr. DOWNEY. So far as I know, there - it is wanted to have done. water and power the International is none. ' Mr. WILEY. In other words, the · Boundary Commission shall recommend Mr. FERGUSON. As I understand, argument suggested by the Senator that, the ftirther expenditure or the r.1oney to when we refer to the Department of build additional works and facilities? State, we are not referring to a constitu­ without some such language, if the power Does it mean that tpis international were conferred, the Department of State tional body or-office, we are referring to body, which it is admitted cannot be sued a statutory office, and therefore we are and the United Staes section of the in the United States, is to have the power International Boundary Commission referring to the executive branch of the to borrow money? Does it mean, if the Government alone, because the Secretary might go ahead and make contracts and International Boundary and Water Com­ · thereafter if the money was not forth­ of State is part and parcel of the execu­ mission wanted. to recom~end to the two tive branch. So it could not mean. could coming it would be a breach of the State Departments that $100,000,000 treaty-that argument then would not it, that the Secretary of State was to hold should be borrowed from the R. F. C. for title to this land? Do we not find that be effective , because the reservation the purpose of building a hydroelectric would take care of that situation; would ·the word "government" here is used with Unot? · plant, that that would come within the a different meaning, and when the Gov­ purview of this language? Simple, ordi­ ernment is to act, it seems to confer Mr. DOWNEY. I think it would. I nary language would provide for an ap­ upon the Secretary of State the power to might say to the distinguished ·senator propriation by the Congress, if that is act for the Government? from Wisconsin wbo so faithfully at­ · what is meant. ~ Mr. DOWNEY. That is a very persua­ tended tQe hearings of ~he _ Foreign Rela- The Commission may possibly want to sive and logical argument; but if the Sen­ . tions Committee, that almost innumer­ borrow money or to build new plants with ator will now permit me to ask him a . able other questions are involved. Gen­ . the receipts from plants specifically question, what does the distinguished erally, throughout this treaty, the United agreed to be constructed under the Senator believe is the purpose in having States Government obligates itself to treaty. -I do not know; but I say there the ownership and control vested in the build certain works, diversion dams, stor­ is a large possibility that if these specific American section rather than in the . age reservoirs, and hydroelectric plants. irrigation and pawer facilities are once Government of the United States? Let · Some of those are specific commitments. constructed there Nill be a huge income me develop the point a little further, and Throughout the treaty there is not one accruing to someone. _then if the distinguished Senator wants word about what shall be done with any In that connection, let us involve our­ me to yield, I should like to do so, be­ · of the money which may accrue from selves in further speculation. As I say, cause I should like to think aloud on the sale of water or power. There is not I have studied the terms of this treaty this treaty. even a statement that the International for 30 days, and I know far less about As I have said, the whole treaty is a Boundary Commission or our State De­ its meaning now than I knew before I . total void, so far as stating who shall partment must, out of the receipts, pay began to study it. But let us take up the run these works, how much they shall ·for the operation and maintenance of paragraph in article 23 at the top of page charge, where the money shall be de­ the diversion dams. As a matter of fact, 33. Amongst the Members of the Senate posited, what obligations shall be met, there is a specific obligation on the part are some superlatively fine lawyers. If and what kind of an accounting there of the United States Government to pay any of them have a clear-cut opinion as may be. The distinguished Senator to what this language means, I shall be . from r.rennessee EMr. McKELLAR] was for certain things, including the con­ very grateful to receive it- struction cost and the operation and rightly somewhat disturbed over present Each Government- conditions in connection with the T.V. A. maintenance; but we are left in a tre­ This goes so far beyond that that we are mendous void as to what shall be done As we know, the words "the two Gov­ in a different world. As we will later with the receipts. Will they be deposited ernments" mean the State Departments see, there is a direct obligation on the generally in the United States Treasury? of the respective Nations, but here is the· part of the two Governments, and par­ Will the State Department or the Com­ expression "each Government." Does ticula-rly the United States not only to mission have the power to operate a pri­ that mean again the State Departments, construct these works, but to maintain vate business and take in money and pay or does it refer to the sovereignties? Let and operate them. costs and expenses? What I am leading us assume for the time being that refers What is to become of the money that up to is: The treaty is filled with such to the sovereignties- comes in from the sale of power or from unusual, suspicious, and challenging Ian- Each Government shall retain, through its the sale of water? Will it come into the ' . guage that it could be disc;:ussed for weeks own section of the Commission and within legal possession and title and bank ac­ the limits and to the extent necessary to and the-more it was discussed the more effectuate the provisions of this treaty, di­ count of the American section? Would confusing it would be. rect ownership, control; and jurisdiction that section then have a free hand to Let me call the attention of the Senate within its own territory and in accordance expend it as it desired, of course, as a to a few more words in article 24, subdi­ with its own laws, eYer all real property. . trustee, to go on with additional de­ vision (a) which deals with the powers _including that within the channel of any velopment? I am ·not indicating mis- 1945 CONGRESSIONAL RECORD-SENATE 3125 appropriation. I might say, in connec­ question is as to other works which might the energy generated shall be a.ssigned to tion with this, that there are many other be built which are not specifically 'Qro­ each country in like proportion. provisions bearing on this subject. vided, such as these electrical phints Before I turn 'the discussion back to Mr. FERGUSON. Does it not refer to about which we have been talking, the Senator from Colorado :r should like this body to be set up as an international whether these would have to come to to say that while each government is body, when· the two sections are acting Congress for prior approval. If they obligated to pay half the cost of con- , together? There is no doubt about that, come to Congress for prior approval­ struction of such plants, and· the energy is there? and that is my assumption at the present shall be equally divided,.in the construc­ Mr. DOWNEY. That is clearly a legal time-then we, under our accustomed tion of the storage dams which are much entity of a new character. procedure, as we do whenever we have a the most costly item, the United States is Mr. FERGUSON. That international power project in connection with a dam, to pay very much more than one-half. body, as I understand, is not subject to would establish the terms under which I now turn the discussion back to the the jurisdiction of any court? the project should be operated, and Senator from Colorado. Mr. DOWNEY. That seems · to be would prescribe about the revenues, and agreed. Mr. MILLIKIN. 1 may say to the dis­ what should be done with them. That tinguished junior Senator from Michi­ Mr. FERGUSON. The Congress or the was my point in making my intervention. gan that from the language the Senator Constitutiop has not conferred any Mr. FERGUSON. I would agree that power over an international body. But from Michigan last read, and the lan­ if a project were not specifically provided guage which the distinguished junior as to who may handle the money, I state for in the treaty, it would be necessary frankly I find no provision in the treaty Senator from California last read, there to come back to this body, and this body is certainly no specific authorization for as to what particular agent would handle would have to appropriate, and in the ap­ the money, unless it would be the Com: the construction of any particular elec­ propriation and in the control of the trical plant. It is analogous to the au­ mission. building of the project we could provide Mr. MILLIKIN. Mr. President, will thority we give all the time, for example, who would collect the money and who to the United States Army engineers to the Senator from California yield? would not. I agree with the Senator. Mr. DOWNEY. I yield gladly. make investigations and to come back Mr. MILLIKIN. Would the Senator with a report. There is no specific au­ Mr. MILLIKIN. Let me suggest to the be good enough to point out to me, if he distinguished junior Senator from Mich­ thorization in any such provision. has found such a provision, where a spe­ Mr. WHITE. Mr. President, will the igan that if this treaty, with the inter­ cific electrical plant has been authorized? pretative reservations, preserves to Con­ Senator yield? Mr. FERGUSON. It is provided for Mr. DOWNEY. I yield. gress the right to exercise its prior judg­ in paragraph (a) of article 24: ment on whether or not, we will say, an Mr. WHITE. Article 24 provides: electrical plant shall be built, then, under The International Boundary and Water Commission shall have in addition to the The ·International Boundary and Water our accustomed procedure in drafting powers and duties otherwise specifically pro­ Commission shall have • • • the follow­ statutes which authorize works, we pre­ vided in this treaty, the following powers ing powers and duties: scribe all the terms and conditions under and duties: (a) To initiate and carry on investigations , which that plant shall be operated so far {a) To initiate and carry on investiga­ and develop plans for the works which are to as we are concerned, and what shall tions and develop plans for the works which be constructed or established in accordance are to be constructed or established in ac­ with the provir;ions of this and other treaties happen to the revenues, so far as we are or agreements. concerned cordance with the provisions of this and other treaties or agreements in force· be­ Mr. FERGUSON. Will the Senator tween the two Governments dealing with I take it the words "treaties or agree­ from California yield in order that I may boundaries and international waters; to de­ ments" are used somewhat technically. reply to the Senator from Colorado? • termine, as to such works, their location, A treaty must be ratified by the Senate, Mr. DOWNEY. I yield to the Senator size, k_ind. and chl}racteristic specifications; and an agreement is executive in charac­ from Michigan. to estimate the cost of such works; and to ter and need not come to the Senate for recommend the division of such costs be­ ratification. Mr. FERGUSON. I could only answer tween the two Governments, the arrange­ that by saying that if the two Govern­ ments for the furnishing of the necessary The thing which troubles me is that if ments are to act and confer upon this funds, and the dates for the beginning of in a treaty or if in an agreement it is Commission certain power, then the the works, to the extent that the matters provided that dam A with appurtenant question of the Senator from Maine is mentioned in this subparagraph are not works shall be built, that is specific, and material. If they specifically confer otherwise covered by specific provisions of that would lift that work out from under the right to construct certain works and this or any other treaty. the requirement of this reservation, as I make certain expenditures, then the res­ Mr. DOWNEY. Mr. President- understand. , ervation would not apply, because it Mr. MILLIKIN. Mr. President, will Mr. MILLIKIN. Yes, but may I ask says- the Senator permit me to finish? the distinguished senior Senator from {a) That no commitment for works. or Mr. DOWNEY. I will yield in a mo­ Maine: What is the particular works that expenditures other than those specifically ment. Let me read the specific provision he has in his mind? I mean, let us either provided for in the treaty, shall be made by relating to the Rio Grande, about which keep it in a specific category,. or in an un­ the United States section of the Interna­ the Senator asked, in connection witli specific category. tional Boundary and Water Commission with­ Mr. WHITE. I am not quite clear out prior approval by the legislative branch the section that has just been read by of the Government. the distinguished Senator from Michi­ what is in my mind, to be perfectly frank gan. I read now article 7, on page 22, as about it. I am groping and seeking to I thought that the question asked by follows: obtain information from the clarity of the senior Senator from Maine was very ARTICLE 7 the Senator's mind. But I take it the pertinent, and it has not yet been an- The Commission shall study, investigate, language ''and develop plans for the . swered. It was as to whether or not and prepare plans for plants for generating works which are to oe constructed" under article 24 all the work has not been hydroelectric energy which it may be feasible refers to dams or sluiceways or power­ specifically provided for by the treaty, to construct at the international storage houses or something appurtenant to the . even though it is not spelled out, even dams on the Rio Grande (Rio Bravo). The building of a dam across the river, or the Commission shall report to the two Govern­ though it is not said it is so many yards ments in a minute the works which should building of a powerhouse without any up a river or so many yards down a river, be built, the estimated cost thereof, and the reference to a dam. If that is provided yet it is provided for in the treaty, and it part of the works to be cons1;ructed by each for in a treaty, or if it is provided for in would not be necessary to come back to Government. Each Government agrees to an executive agreement, then it seems Congress for anything specifically pro­ construct, through its section of the Com­ to me-perhaps I should ask this as a vided for in the treaty. I think our trou­ mission, such works as may be recommended question rather than to make it as an ble probably will be over the words "spe­ by the Commission and approved by the two assertion-that the reservation does not Governments. Both Governments, through cifically provided for." their respective sections of the Commission, reach that situation at all; but we have Mr. MILLIKIN. I agree with the Sen­ shall operate and maintain jointly such hy­ a si.tuation where a definite agreement ator that those things which are spe­ droelectric plants. Each Government shall is made for the building and construc­ cifically provided take on the nature of pay half the cost of the construction, opera­ tion of certain works without any refer­ an authorization in this treaty. The tion, and maintenanoe of such plants, and ence to the prior action or subsequent 31.26 CONGRESSIONAL RECORD-SENATE APRIL 5 action of the Congress. I am asking electric plants. Each Government shall pay Mr. WILEY. I think it is important, that as a question, rather than asserting half the cost- in view of the discussion which has taken it to be so. And so on. It seems very clear to me place here, to find out whether or not Mr. FERGUSON. Mr. President, will that in this language the phrase "both any such executive agreements exist, so the Senator yield to me? Governments" is used in contradistinc­ that Congress may know what it is doing. Mr. DOWNEY. I yield. tion to the phrase "each Government." I should like to ask one further ques­ Mr. FERGUSON. I have one question I know the persuasive eloquence of the tion. The discussion here, in relation to ask in relation to article 19. We were distinguished Senator from Colorado, to specific dams or specific water-power speaking of electric power plants. The and I know that he can illuminate the plants, has not definitely designated any article provides as follows: discussion perhaps by giving some other specific plant. Such plants are referred The two Governments shall conclude such interpretation. It seems to me that here to only in a general way. Can the dis­ special agreements-· is a specific obligation, that we now un­ tinguished -Senator point to any provi­ dertake to do this thing down on the Rio sion . in the treaty which would come We remember that the word "agree­ within the language "other than those ments" was used in article 24- Grande. I may say I am not specially complaining about it. What I do com­ specifically provided for"? as may be necessary to regulate the genera­ Mr. DOWNEY. 1 think we can get the tion, development, and disposition of elec­ plain about is that we d& not have to tric power at international plants, including build our facilities on the Colorado River, easiest cross-sec+ion of this whole mat­ the. necessary provisions for the export of with the Federal Government paying all ter by re.:ding ;n toto one of the ar­ electric current. cost and expenses, including works of ticles. It will give us a complete pic­ magnitude, while on the Rio Grande the ture. I should like to do that. 1 be­ I am troubled by the question whether Federal Government very generously lieve it will furnish the Senator the view­ we do not specifically provide for elec­ agrees to do all the building. point he desires. tric power plants in the treaty when we Mr. CONNALLY. Mr. President, will Mr. WILEY. Does that refer to speci­ _say in article 19: the Senator yield? fic dams which must be constructed? The two Governments shall conclude such Mr. DOWNEY. I yield. Mr. DOWNEY. No; not specific dams. special agreements as may be necessary ·to Mr. CONNALLY. I do not think that Mr. WILEY. Or specific hydroelectric regulate the generation, development, and is true. But it is certainly conceivable disposition of electric power at international power plantr? plants. that the reason it is desired to utilize Mr. DOWNEY. No; it does not refer these dams for electric power purposes to specific projects. In the treaty pro­ And therefore they are outsid2 the pro­ is to get some of the money back and visions affecting the Colorado River, we vision of paragraph (a) of the reserva­ provide for the financing of the building agree, at the expense of the United tion. I should like to have an answer of the dams through the sale of power. States, to ·Construct Davis Dam, which from the able Senator from Colorado to They are not going to give the power that question. will cost about $45,000,000; but a large away, It is not going to be free. part of its benefit will ·be dedicated to Mr. MILLIKIN. Mr. President, will Mr. DOWNEY. Mr. President, of Mexico. the Senator yield? course, th'at is a possible theory; but cer­ Mr. DOWNEY. I yield. tainly Congress is not providing that kind Mr. WILEY. Does the Senator un­ of a set-up in this treaty. When we built derstand that the words "other than Mr. MILLIKIN. I should say that those specifically provided for in the there is nothing more specific about that, the B'oulder Canyon project, and when we built the T.V. A.,'careful and precise treaty" have reference to those two nothing more binding about that, than dams? when we tell the Army engineers, as we rules of financing, repayment, and ac­ constantly tell them in legislation passed counting were laid down. Here we are i:g, Mr. DOWNEY. No. Davis Dam is by Congress, to study a certain skeam a total void, apparently turning over specifically provided for in the treaty. and make a report. That is a specific everything to either the State Depart­ :Mir. WILEY. Is there any way in instruction, but it is not a specific project. ments or to the International Boundary which the Senator can elucidate the Mr. DOWNEY. Mr. President, in cofi­ and Water Commission. words "those specifically provided for in nection with this very interesting and Mr. WILEY. Mr. President, will the the treaty"? illuminating discussion that has been. Senator yield? Mr. DOWNEY. It is my understand­ carried on, I again wish to reread article Mr. DOWNEY. I yield. ing that they refer to three dams on 7. Preliminary to its reading, I want Mr. WILEY. Has the distinguished the Rio Grande, the Davis Dam on the to say that I understood the representa­ Senator any information as ta any agree­ Colorado River, and some other works tives of the State Department and of ments or treaties between the two Na­ on the Colorado River. the State of Texas to assert that there tions-Mexico and the United States-in Mr. WILEY. Is there any estimate as was specific obligation in this treaty be­ reference to any specific works, such as to what those works would cost? yond the power of anyone honorably to dams or hydroelectric plants? Mr. DOWNEY. I believe that the change, to build certain works in the Mr. DOWNEY. Yes. I may say to the .total cost would be upwards of $150,000 - Rio Grande. I should like to see if the distinguished Senator that there was evi­ 000. ' language does not bear that out. The dence before the Committee on Foreign Mr. WILEY. Is there any reason why language is as follows: Relations that it was expected, though those should be excluded from the ap-· The Commission shall study, investigate, there was no commitment, that the dams propriation or directive action of the and prepare plans for plants for generating specifically provided for in this article Congress? hydroelectric energy which it may be feasible would cost $86,000,000, of which the Mr. DOWNEY. I do not think so. to construct at the international storage United States Governm·ent would pay 60 ·Mr. WILEY. I thank the Senator. dams on the Rio Grande. percent, and Mexico 40 percent. If I am Mr. FERGUSON. Mr. President, will And they are provided for elsewhere in error, the distinguished Senator from the Senator yield? in the treaty. Texas will correct me. Mr. WILEY. That was not my point. Mr. DOWNEY. I yield. The Commission shall report to the two My question was whether or not the Sen­ Mr. FERGUSON. The Senator -has Governments-- ator has any information, or can refer stated that certain projects on the Rio Now we come back to the definition of us to any treaty or agreement between Grande and one on the Colorado are the Secretaries of State- the executive department and Mexico provided f-or. It is the intention of the the works which should be built, the esti­ heretofore, which refers specifically to United States Government that appro­ mated cost thereof, and the part of the works the construction of any dam site or hy­ priations be made by Congress for the to be constructed by each Government. droelectric power plant. erection of those specific dams or proj­ ects, is it not? Then comes the following language: Mr. DOWNEY. I will say to the Sena­ tor that I cannot do so. There has been Mr. DOWNEY. Yes; that is correct. Each Government agrees to construct, publicity, quoting Mr. Lawson as to ex­ Mr. FERGUSON. If we wish to make through its section of the Commission, such works as may be recommended by the Com­ pected expenditures of $167,000,000 in the this reservation clear, so that Congress minsion and approved by the two Govern­ Rio Grande Valley under this treaty, im­ will appropriate money only for works ments. Both Governments, through their mediately after the treaty is approved; specifically provided for, could it not be respective sections of the Commission, shall but I cannot vouch for the accuracy of done by striking from subdivision (a) in operate and maintaiz.o jointly such hydro- that story. line 6 on page 2 of the reservation the 1945 CONGRESSIONAL RECORD-SENATE 3127 words "other than those specifically.'' so Mr. McCARRAN. I suggest the absence President of the United States trans­ as to read, "That no commitment for of a quorum. mitting the treaty to the Foreign Re­ works or expenditures provided for in _The PRESIDING OFFICER. The lations Committee, and explaining what the treaty shall be made by the United clerk will call the roll. it. means. If this were the only mis~ States. section of the International The Chief Clerk called the roll, and take, that would be one thing. But it is Boundary and Water Commission with­ the following Senators answered to their not. It is typical of the entire hearings, out prior approval by the legislative names: which were filled with gross· exaggera­ branch of the Government"? Aiken George Myers tions and misrepresentations. Mr. DOWNEY. Let me say to th'e Austin Gerry O'Daniel Part IV, consisting solely of article 16, distinguished Senator that that reserva­ Bailey Green O'Mahoney Ban Guffey Pepper places upon the Commission the duty of tion applies only to action by the United Bankhead Gurney Reed making investigations and reports regard­ States section. It does not apply to ac­ Barkley Hatch· Revercomb ing the most feasible projects for the con­ tion by the Commission, or by the State Bilbo H~ll Russell version and use of the waters of tpe Tia Juana Brewster Hoey Saltonstall Departments. That is what we are dis- Bridges Johnson, Calif. Shipstead River system and of submitting recom­ cus~n~ · _ Briggs Johnson, Colo. Smith mendations for the allocation of these Mr. FERGUSON. But at least what Buck Johnston, S. C. Stewart waters between the two countries. Burton La Follette Taft the United States section would build Bushtleld Langer Taylor That letter of transmittal states as would be built after appropriation by the Butler Lucas Thomas, Okla. definitely, simply, and precisely as any­ Congress. Hyra Mccarran Thomas, Utah thing could state, that ·article 16 only Mr. DOWNEY. Mr. President, under Capehart McClellan Tunnell Capper McFarland Vandenberg gives the power of investigation and rec­ the treaty 90 or 95 percent of the building Chavez McKellar Wagner . ommendation to the Commission. In will be done by the State Departments or Connally McMahon Walsh reality, it turns over to the Interna· the International Boundary and Water Cordon Magnuson Wheeler Donnell Mead Wherry tional Boundary and Water Commission Commission. Article 19 gives no au­ Downey Millikin White forevermore·, and to our State Depart­ thority to the American section. It gives Eastland Moore Wiley ment, complete power and control over authority to the State Departments, as . Ellender Morse Willis Ferguson Murdock Wilson the water rights and the rights growing I interpret it. Apparently the distin­ Fulbright Murray out of them in the Tia Juana River. guished Senator from Wyoming [Mr. O'MAHONEY] was not entirely in, accord · The PRESIDING OFFICER. Sev­ I now read article 16: with me in my interpretation, but I be­ enty-seven Senators have answered to In order to improve existing uses and to their names. A quorum is present. asture any feasible further development, the lieve that upon further study it will be Commission shall study and investigate, and seen that that is true. The Senator from California has the shall submit to the two Governments for ' Mr. WILEY. Mr. ·President, will the floor. · - · their approval- Senator yield? Mr. DOWNEY. Mr. President, I re­ ·, Mr. DOWNEY. I yield. gret that the able senior Senator from Again, Mr. President, let us remember Mr. WILEY. Adopting the suggestion Wyoming [Mr. O'MAHONEY:l is not pres­ that the two Governments are the two of the distinguished Senator from .ent. Earlier in the day he expressed a State Departments- Michigan, the provision would be very doubt with reference to the meaning of !. Recommendations for the equitable much clarified if we were to say that no the words "two Governments" and distribution •between the two countries of commitments for workr or expenditures stated that he thought they meant the the waters of the Tia Juana River system; provided for in the treaty or agreements respective State Departments of the 2. Plans for storage and flood control to promote and develop domestic, irrigation, shall be made by' the State Department United States and Mexico. I am about and other feasible uses of the waters of this or the United States section. to read from _.Part 1 of the hearings be· system; · Mr. DOWNEY. That certainly would fore the Foreign Relations Committee 3. An estimate of the cost of the proposed very much strengthen it; and I believe concerning· the treaty, and from the works and the manner in which the con­ that such an amendment would be in statement which was made by a repre­ struction of such works or the cost thereof the right direction. sentative of the Department of State. should be divided between the two Gover,n­ Mr. President, let me digress from the I quote from the report of the State ments; main line of the argument to say that Department, appearing on page 16~ of 4. Recommendations regarding the parts I. appreciate the interest which Senators the hearings. Referring to article 2, the of the works to be operated and maintained by the Commission and the parts to be oper­ are taking in clarifying this treaty, in report states: ated and maintained by each section. telation to appropriations and work. This article specifies the Department of However, to us, that field represents only State of the United States and the Ministry Let us now come. to the vital para- a comparatively small proportiOll of the of Foreign Relations of Mexico as the agen· graph- · evils of the treaty. As I attempted to cies to represent the two Governments in The two Governments through their re­ point out in the beginning, the Interna­ every case where action by the two Govern­ spective sections of the Commission shall tional Boundary and Water Commission ments is required. construct such of the proposed works as are is made an international organization, While some Senators may entertain approved· by both Governments, sha).l divide the work to be done or the cost thereof, and admittedly beyond the power of our doubt with regard to the meaning of shall distribute between the two countries courts or the limitations of our Consti- that language, in its statement to the the waters of the Tia Juana River system in t~tion. It is given, among other powers, Foreign Relations Committee the State the proportions approved by the two Govern­ the right to settle, as it desires, all pri- Department very clearly expressed the ments. The two Governments agree to pay vate disputes. There are many other same idea that I have expressed, namely, in equal shares the costs of joint operation excessive and extreme powers granted in that under the treaty immense powers and maintenance of the works involved, and the treaty, besides the rig_ht to proceed are vested in tpe State Department by each Government agrees to pay the cost of to determine upon great constructions this treaty. OP.eration and maintenance bf the works and expend money. Dean Roscoe Pound Mr. President, as I analyze the vari­ assign~d to it for sue~ purpose. says that merely requiring these agencies ous ambiguities to which I have re­ so· I say, Mr. Presidep.t, the statement to come back to Congress, for the purpose ferred, of which there are many, I s.hall concerning article 16 as found in the of determining appropriations in ad- likewise· invite the attention of the Sen­ President's letter transmitting this treaty vance, would remove only a comparative- ate to the distortions, inaccuracies, and, to the Senate is wholly and grossly inac­ .· ly small part of this extraordinary grant in some instances, absolute misrepre­ curate. I can make no charge as to of power. sentations with regard to documentary whether it \\fas loose and careless service In order that we may have a bird's-eye facts which cannot be denied by the to the Government of the United States view in what I think is a very simple way, representatives .of the State Depart­ or whether it is by design; I do not know. ! should like now to consider a very short • · ment and the propopents of the treaty. I do not know whether some person con­ article, namely, article 16. I shall read, to the Senate artiCle 16 nected with it intended to minimize this Mr. McCARRAN. Mr. President, will of the treaty. It is very short and sim­ article and tq misrepresent it to the Sen­ the Senator yi~ld to me so that I may pie. It is found on page 30 of the com- ate. Of course, I make no charges of make the point of no quorum? mittee report. Before doing so, how- any kind against the President of the Mr. DOWNEY. Yes; I yield. ever, I _sh_all read fr~m the letter of the United States or Mr. Hull. It happens 3128 CONGRESSIONAL RECORD-SENATE APRIL 5 that I talked with both of them about Marshall and the Supreme Court weep, Tia Juana River. we· are saying to the this treaty, and mentioned the great it is said, when, in the peroration of his State Department and to the Interna­ trials and burdens they bear, but some­ great argument he referred to Dart­ tional Boundary Commission, "We abdi­ one who prepared that letter in the State mou.th College as a small college, but cate our duty to these people, and you are ·Department grossly misrepresented arti­ said, ''There are those who love it well." entrusted with these great treaty-making cle 16 to the Committee on Foreign Rela­ I have no desire to make anyone weep or powers." tions of the Senate of the United States. to evoke any sympathy, but I do ask the Mr. MILLIKIN. Mr. Pre~ident, will If this were the only case, it would be Senate of the United States not to fetter the Senator yield? one thing, but it runs throughout the us with this kind of a treaty. We do not Mr. DOWNEY. I yield. whole history of this treaty. . know whether it will ever become effec­ Mr. MILLIKIN: If under the treaty as Mr. AUSTIN. Mr. President- tive, and we do not k·now what will hap­ it now stands, or if under the proposed The PRESIDING OFFICER (Mr. pen to us if it·does. · interpretive reservations, or otherwise, BRIGGS in the chair). Does the Senator Under article 16, the International the works and dams for the Tia Juana from California yield to the Senator from Boundary Commission is given the power Valley were finally brought back to Con-· Vermont? to recommend to the State Departments gress for prior approval, would the Sena­ Mr. DOWNEY. I yield. -to allocate the waters between the two tor continue to object? Mr. AUSTIN. Does the Senator wish countries, to say what they shall be used ·Mr. DOWNEY. Yes. I should object to state what the legal effect of the letter for, and p~ragraph 2 of article 2 goes on two other grounds. The first is that of the President transmitting the further and makes the .International the International Boundary Commission, treaty is? Boundary Commission a judicial body to an international organization, declared Mr. DOWNEY. I would state this. I determine the rules of procedure, by by the treaty to be such, free of any re­ suspect that statement, along with many which every right hereafter in the straint by Congress or· by our judges or other inaccurate statements to the Com­ Tia Juana Valley may be settled. by our Constitution, under this treaty, mitte'e on Foreign Relations, brought The Tia Juana River rises in Lower would forevermore be made a judicial California, which is part of Mexico. · It is about the approval of the treaty by the body to deter~ine every dispute which Committee on Foreign Relations, which it not a large stream. It ~s comparatively might arise out of this treaty among our otherwise would not have received. insignificant as contrasted with the Rio farmers, or municipalities, or other per­ What effect it actually bad on the dis­ Grande and the Colorado. It flows down sons, in that area. tinguished members of the Senate Com­ into the United States near San Diego·, · Mr. MILLIKIN. Will the Senator mittee on Foreign Relations, I do not-, and goes into the Pacific Ocean. We yield further? pf course, know. have only a few hundred farmers now Mr. DOWNEY. . I yield. Mr. AUSTIN. That was not what my utilizing. its water. Coronado, a beauti­ ·· question was directed at. I wonder if ful city near San Diego, gets its domestic Mr. MILLIKIN. The Senator is now the Senator · claims that the letter of · water supply from the Tia Juana. Who bringing into my limited point the whole transmittal has any effect on the terms knows .how the ve.ter is going to be dis­ range of the debate. Let us assume, for of the treaty. tributed? Who knows what rights will the purpose of the discussion, that the be assigned, and to whom? Does this Senator could be satisfied on the other Mr. DOWNEY. Not at all. It does matters. If the works to be constructed not limit the plenary and e~r:eme power treaty mean that, as a part of' the work given to this international body over the which could be done, the water could be came to Congress for prior approval, lives and well-being of the citizens of taken away from the city of Coronado? would the Senator then be satisfied? Tia Juana Valley. So far as I, as a Sen­ I do not know. Does it mean that the Mr. DOWNEY. No, I would say to the ator, am concerned, I wish the whole water could be taken away from the· distinguished Senator, I would not in the article could just be stricken out of the farmers of the Tia Juana- Valley and case of Tia Juana. This just places us treaty. given to San Diego? I do .not know. suspended somewhe're out in chaos. We . Mr. President, Tia Juana is a small What can be done in Lower California have no assurance that the International river. We can probably easily work out, under the terms of this treaty? I do not Boundary Commission, headed by Mr. with hardship and trouble, arrangements know. But I do know that plenary and Lawson, of Texas, would ever get out to with Lower California, but to bring in comJ.ilete power is granted in the treaty Tia Juana and do anything. We have no the great and unlimited powers of people over the .future water development .and assurance that it would be 5 or 10 or 20 · from the Rio Grande to run us down hydroelectric development and probably years, and we would object for that rea­ there, to say how we shall distribute the sanitation development along the Tia son. If the Senate of the United States Juana River. I am informed that a thinks it proper to make a specific pro­ water, how we shall use it, what we shall vision, dividing the waters of the Tia use it · for, is an act of tyranny which hydroelectric plant th~re would be of to me seems as extreme as anything very doubtful value, but that already the · Juana and providing for storage dams against which we fought in 1776. members of the International Boundary and hydroelectric plants, let it do so now. It may be that there is a bait 'there, Commission are considering the pos­ Otherwise ~et us leave it out of the treaty. that we. are being offered a subsidy by sibility of a hydroelectric plant. In addition to that, I am not willing to the Federal Government, which appar­ As the distinguished Senator from subject the people of California to a..judi­ ently in this article not only obligates Oregon [Mr. MoRsEl pointed out a few cial tribunal consisting of a citizen of itself to build all the works there, but to days ago in his argument against the Mexico and a citizen of Texas, with un- operate and maintain them. It might . work-or-fight bill, there is a continuous . limited judicial power, and all the au­ be we would be a great gainer, as Texas struggle tJ maintain free democracies, thority of the United States Government is, in this treaty. But I, speaking only and to prevent the growth and aggres­ back ot'him to enforce the decree. for myself, have no desire to have the sion of bureaucracy, which is attempting ·Mr. MILLIKIN. Mr. President, will lives and well-being of the people of Tia· constantly to limit the powers of the leg­ the Senator yield? · Juana Valley fettered by that sort of islative branch, and to conduct public Mr. DOWNEY. I yield. thing. It might be that the Interna­ affairs in secret, dark rooms, without Mr. MILLIKIN. Is the Tia Juana an tional Boundary Commission might not public notice, and without sufficient in­ international stream? do anything under that article for a vestigation. · I was thoroughly in accord Mr. DOWNEY. Yes; it is an inter­ century. It might be that within 30 days with what the distinguished Senator national stream. after the treaty went into effect;. if it from Oregon said in the closing portion · Mr. MILLIKIN. I repeat my question. contained . that provision, Ute Commis­ of his eloquent debate against the work· It being an international stream, if works sion might take action which would or-fight bill. are planned, and when ·planned by the grievously affect and control the lives and I wish to say that here, in this treaty, Boundary Commission, are brought in well-being of those people. are found the same principles, enlarging here to Congress for prior approval, Mr. President, one of the most distin­ the powers of bureaucracy, and ·tending ·what can pe the objection-I will ask a ~uitShed men'who ever sat in this body, to strike down the· power of deliberative double-barreled question-and how could who was bor.n in New Hampshire and bodies such as the Senate of the United the Congress, it being an international went to the s-enate of the United States States and the House of Representatives. stream, make an international settle­ from Massachusetts, in pleading .the. We are clearly by this section bartering ment for that stream except through the­ Dartmouth College ca:se, made John away all treaty-making power on the Boundary Commission? . In other words, 1945· CONGRESSIONAL RECORD_:SENATE 3129 how could Congress do it under its· own Mr. MILLIKIN. Just a :moment ago I might say that we out in the West~ powers? the Senator was complaining of the lack · and the Senator, of course, is a distin­ Mr. DOWNEY. Mr. President, I will of hurry so far as the Tia Juana is con­ guished member of .the bar out there­ answer that question very directly. 'But cerned. are familiar with municipal and irriga­ first I want to say it is. The Senator ap­ . Mr. DOWNEY. No, Mr. President; the tion and sewer contracts. In a simple parently does not understand that the Senator i.s misquoting me, or perhaps I contract that any able lawyer could pre­ first thing I am complaining about is that miss poke myself. I am complaining of pare in a few hour's, an agreement could this treaty, the way it is drawn respect­ the total uncertainty of the time feature. be made between some municipal cor­ ing the Tia' Juana, suspends us in limbo, It might be that the State Departments poration in San Diego and the water out in space, in a vacuum. It-would pre- or the Boundary Commission , would act users of the Tia Juana in Mexico that will - vent us from accomplishing anything. on this matter a century from now, or definitely and simply and precisely settle It would bring about no assurance when they might act on it 30 days from now. everything, without the creation of vast action would be taken. Why not leave We out there in California think we can and complicated and uncertain ma­ it out of the treaty entirely, and then get along very well, and Lower Cali­ chinery and a great and growing bu­ whenever the International Boundary fornia can, for the next 10 or 20 years reaucracy to administer it. Commission, or the State of California, without any compact for further de­ . Mr. MILLIKIN. Mr. President, will or Lower California have any plans, they velopment of the Tia Juana. I do not the Senator yield? can come before the Senate with a spe­ want to burden the Senate with that Mr. DOWNEY. I. yield. cific treaty or executive agreement? small river and its trials and tribulations, Mr. MILLIKIN. I want the Senator I shall answer the question. The dis­ but .what I am concerned about is, that to know that I make this remark in the tinguished· Senator argued at great we here create this International Boun­ utmost good nature, and ·with the high­ length and very PE',rsuasively, and I am dary Commission and give it judicial est degree of respect; but I am sure the sure converted many Senators, to an al­ capacity. It can say to the city of Coro­ Senator would find 200 objections to the leged fact about the Mead report, which nado, "We are going to cut off your simplest agreement which might be I think, after personal investigation on water. We are going to give it to farm­ brought here. the Colorado River and after careful ers. We can reverse it." They can go Mr. DOWNEY. The Senator from reading of the Mead report, was totally into an improvident hydroelectric proj­ Colorado and other Senators have re­ erroneous. I ·shall take that up later. ect if they want to. They may engage peatedly attempted to answer pertinent In any event, let me say that the Mead in a sewer system project. They may de­ arguments with that sort of comment. report was founded on 18 months of in­ velop other uses. To me that is not argument. vestigation on the Tia Juana, the Colo­ One of the things that is making my Let us pass from the viewpoint of the rado, and the Rio Grande. As the result own heart weep is that I have seen. and poor little water users and the municipal of that, a recommendation was made to followed the statements of Commis­ users on the Tia Juana, turned over to give approximately 750,000 acre-feet of sioner Lawson. I dislike to speak criti• the mercy of the International Boundary Colo~ado River water to Mexico, plus an­ cally of any man; but he is the Commis­ and Water Commission, to some other other small amount. Mr. Mead, a man sioner. He is the man who, with a man phases of this question. The only reason of distinguished character, whose report, from Mexico, would be in complete I am discussing the Tia Juana is that the as I have said 'heretofore, bears upon it charge of the allocation, distribution, and provisions of the treaty with respect to the golden seal of integrity and intelli­ sale of. all the water and the power de­ the Tia Juana are simple and short, and gence, says that, in his opinion, it would veloped on the '1'ia Juana. He and-his they illuminate the picture, as it really be much better not to bring in the great Mexican associate would have the power exists with respect to the Colorado and treaty-making powers of the Senate on of making final determination of every the Rio Grande. the Tia Juana. He suggests that a sim­ dispute that . might ar'ise in the little Notice this language: ple business arrangement could be county of ~ San Diego. The two Governments agree to pay in worked out between San Diego city or Mr. MILLIKIN. Mr. President, will equal shares the cost of joint operation and San Diego County and the people in the Senator yield? maintenance of the works involved. Mexico who now control the water. Mr. DOWNEY. I yield. They also agree to pay• for the works I might say to the distinguished Sen­ Mr. MILLIKIN. As I understand the themselves. Undoubtedly, if thl.s treaty at_or that, of course, ·whatever .. is done distinguished Senator's remarks, first he is acted upon, it will mean the impound­ should be done under the auspices, · I is willing that the whole subject be de­ ing of a substantial amount of water for think, of the Bureau of Reclamation. · ferred from 15 to 20 years. ~cond, he domestic and farming uses, and for the We do have under the Constitution of the is critical because there is no definite plan creation of hydroelectric power. ,This United States, as I am sure the distin­ that has been evolved by the Interna- treaty would leave Uncle Sam in the im­ guished Senator knows, the power for . tiona! Boundary Commission. Third, he provident situation of pledging his na­ Sta~s to make treaties with foreign gov­ feels that the International Boundary tional honor to build reservoirs, hydro­ ernments. The State of California, act­ Commission will have too much power. electric plants, and other facilities for ing on behalf of San Diego, has the I respectfully s1:1ggest that the first two the distribution of power·and water with­ power and the privilege to make a com­ branches of his argument more or less out one word in the treaty as to who is to pact·with Lower California or with-Mex­ cancel themselves out. Also if a com­ fix the rates, how they are to be fixed, ico, subject to the consent of the Con­ pact is to be negotiated between Cali­ who is to collect the money, or what is to gress of the United States. That is part fornia and Mexico, that would probably be done with the money. of a power . that .has been many times be surrounded with the same difficulties, In the light of other phrases in the utilized in the United States. States to the extent that there are difficulties, treaty, it is perfectly plain that, if the have many times made compacts be­ surrounding the present treaty. International Boundary and Water Com­ tween themselves with the consent of But I drive again to the end point. mission were to be left in control of the· Congress. I think the vast allocation of Assuming that the treaty now provides, situation under the. terms of the treaty, power, the complication, the uncertainty or assuming that interpretative reserva­ the entire cost of building those works, of this treaty, is wholly out of place and tions will provide that whatever the plan· running into many millions of dollars, represents nothing·more than a bureau­ which may be evolved by the Commis­ and the entire cost of maintenance and cratic urge to grab mor.e power and to sion for the Tia Juana shall first come operation, would be borne by the United spread out. here to the Senate for approval, would States and· Mexico; but there would be a Mr. MILLIKIN. Mr. President, will the Senator continue to object? very large income. What would become the Senator yield? Mr. DOWNEY. Yes; I might say to of that income? Does anyone care? We Mr. DOWNEY. I yield. the distinguished Senator, because there have never done this sort of thing be­ Mr. MILLIKIN. Assuming that Cali­ is no time limit fixed. We do not want fore, that I know of. The complaint of . fornia might make a compact with Mex­ to leave the rights on the Tia Juana sus­ the Senator from Tennessee £Mr. Mc­ ico; assuming that, that would involve pended in uncertainty as to time. KELLAR] with respect to the T.V. A. pales more delay. Whenever it is time to make a treaty, into insignificance in comparison. It is Mr. DOWNEY. Mr. President, there let us come in with a specific one to the said that hereafter we can enact some is no hurry. If we have a treaty or a Senate of the United States, or make our law to provide for the income. Why not compact in the next 10 or 20 years-- own compact. provide for it now? 3130 CONGRESSIONAL RECORD_:_SENATE APRIL 5 If we want this kind of a treaty, does lations, or for any course he may -pur­ -750,000 . acre-feet, which was · to include the treaty mean that the United States sue on the 'floor of tne Senate; I spent · all return flow, was tentatively offered, assumes the obligation, at · its own ex­ ·many months in concentrated study of · with the -possibility that an additional pense; to build and maintain all these the- issues involved; and I do not yet . amount such as would be necessary to works? Does it mean that water users know enough to give final advice as to compensate for evaporation and seepag.e and power users will obtain water .a:p.d the proper kind of treaty. W.hen I tes- in the:· main· canal, from the Colorado power for nothing? ·Does it mean that : tified before the Committee on Foreign River to the Mexican laterals, might be ·the International Boundary and Water Relations, I stated that I had one of the allowed. That additional amount was . Commission niay take· 'in the money and ·most. · distinguished and ·intelligent not part of the offer; undoubtedly it was use it to ·build additional facilities? Does ·bodies of jurors that any lawyer could tentatively made, in a bargaining spirit. ·it mean that the money will go into the have. I also stated that it was the most All the discussion and papers and data general fund of the Treasury of the absent body of jurors that any lawyer clearly indicate that the additional - 'United States? Does it mean that out of ·ever had. With the exception of the amount could not be more than 25,000 or the receipts the Commission may pay the senior Senator from Texas LMr . . CoN­ 50,000 acre-feet. cost of maintenance and operation, and . NALLY], the senior Senator from Cali­ Mr. MILLIKIN rose. -then, if either a deficit or net profit re- . fornia [Mr. JOHNSON], the junior Sen­ Mr. DOWNEY. I ask the Senator to sults; report to the Congress? · That does ator from Colorado [Mr. MILLIKIN], and let me finish my statement. The Sena­ not seem to be so. ·The language of the myself, there was an average attendance tor has argued for his-position for hours. · . treaty p-rovides that the Governments of three Senators at the hearings be- I · think I can show the Senator why shall bind themselves to pay all -the costs . fore the Committee on Foreign Rela­ that must be true. The Alamo Canal, and expenses of maintenance and opera-:­ tions. The issues are so vast and ccm­ after it is taken out of the river in the tion. .plicated that I do not believe that any­ United States, goes down through Mex- _ Earlier in the debate I referred to the one can rapidly comprehend the situa­ ico, and extends for' 60 miles in Mexico. Canadian treaty. As we read the Cana- · tion. Fifty percent of the water Which is di­ dian treaty we see that its language is Morever, what shocked and bewil­ verted from the Alamo Canal in Mexico . plain .and precise. It. carefully guards dered me, and I admit that I am preju­ is delivered to the Mexican laterals in the rights of both. sovereignties and of diced, was that. on at least 20 · major the first 30 miles. . The grotesque, ab­ the citizens of both countrj.es. That propositions witnesses for the State De­ surd and, I' regret to say,. unhappy claim treaty was drafted by two distinguished partment gave the most misleading and ' was developed for days at a time before :rpen, whom I have previously mentiened, distorted testimony. I have only the · the Committee .on Foreign Relations by namely, James Bryce and-Elihu Root. . highest respect, admiration, and affec­ the most extreme, indirect, and circum­ The Canadian treaty provides that it tion for the distinguished Senator from stantial argument, which was very ably . shall be renewed every 5_years. Perhaps ·Colorado; but wllen I heard him declare repeated yesterday by the Senator from -that statement is not strictly accurate. to the Senate that this treaty would give . Colorado, that in order to compensate .. I believe that either nation has the right little more water ·to Mexico than was for the losses due to evaporation and . to denounce the treaty on 1·year's notice, given by the Mead rep'ort, I was shocked seepage, an additional 300,000 or 400,­ . at. the end of 5 years. Each· nation re­ · and astonished. · . 000 acre-feet of water woul~ be required. serv~s to itself the power to correct mis­ Mr. President, I. wish to develop this · Anyone who has .dealt. with irrigation takes and to make adjustments. In the ·_ one point tonight, clearly and . simply. canals,. as I have, knows that statement case of the pending treaty, we have com­ Unfortunately, there are 20 of . these is absurd. . There cannot be any such plicated powers· and ambiguous language, points; but this one is crystal· clear. It · loss. If there were any such loss for an which no human mind can measure; and is known to every reputable engineer in insignificant stretch of .canal, the canal the treaty would be in perpetuity. . the West . . When engineers for the State could be concreted, and then there· would I have previously stated tbat one of Department developed this J,?Oint, .which be. no los·s whatsoever. _ · · the most striking facts in this whole con­ the Senator from , Cc;>lorado honestly, At any rate, assuming the cbrrectness trover~y is that the treaty is-so wantonly · persuasively, and sincerely argued mi of that unwarranted .allowance for evap­ ambiguous with regard to . a ceiling the floor of the Senate, I saw smiles of oration and seepage, they build ·up the against Mexico, with regard to salinity, . derision on the faces ·of engineers who amount, to 1,000,000 acre-feet of water, with regard to the amount of water, and are in favor ·pf tne 'treaty--not those and then they attempt to build up the · with regard t'o many other questions, that ·who are against it-but those who are in return flow to thf' amount of the pres­ undoubtedly many arguments would de­ · favor of•it. . ent treaty allotment. The offer in­ . velar- among our own people, and there Dr. Elwood Mead was one of the great cluded in the Mead·- report, including all would be many controversies between the men of the West. For many years ·he return flow, is 750,000 acre-feet. two Nations. · · -was Commissioner of Reclamation. He . Mr. MILLIKIN. Mr. Presiderit-­ Beyond any doubt, it is proposed to was a mail of the highest integrity and Mr. DOWNEY. I ask the Senator to vest in an international body judicial the greatest intelligence. He was chair ... wait just a minute, and I will give him power to determine every right, and to · man of the International Water Com­ something to answer. [Laugr-ter.J · enforce its judgment in both the United mission in 1928 and 1929. With a joint Under the treaty, we shall have to de­ States and Mexico. Likewise, the State engineering staff he conducted an . 18- liver to Mexico 1,700,000 acre-feet of · Departments of both countries would be . month investigation of the waters of the water or 1,500,000 acre-feet of water, or vested with authority to make special · Tia Juana, the Colorado, and the -Rio perhaps far more. The Bureau of ReCla­ ag-reements and to arbitrate any of Grande. Engineer-s 'from Mexico joined mation and all its engineering staffs these great questions, apparently en­ with . engineers !rom the United States. have made careful studies of the amount tirely bypassing not only the Senate, but They made common findings; and in of seepage ~nd evaporation losses in the also the House of Representatives and almost every factual matter they agreed Colorado River. in its 300-mile course the President of the United States. Where there were a few minor discrep- from Boulder Dam down to the Mexican The grants of power are so extreme . ancies, those were pointed out, and each boundary. The Bureau of Reclamation that there is nothing comparable with ·· side attempted to support its own posi­ states as its. opinion that -the flowing of . this treaty in any of our laws or any of . tion. Everyone who has ever dealt with 8,000,000 acre-feet of -water down the our other treaties. That statement is · this problem has simply accepted the river tp the international boundary, and verified for me by disinterested attorneys fact that as a result of that 18 months of to the points of diversion near it, would representing the Senate of the United investigation and the ripe, rich wisdom . resUlt in a loss of .only 600,000 acre-feet · States. When I think of how we safe-· of Dr. Mead, the Mead report recom­ of water, or approximately a 7-percent guard our grants to the Bureau of mended the giving of' 750,QOO acre-feet loss in 300 miles. The Colorado River . Reclamation, and how improvident free of 'water, 'and perhaps possibly another spreads out over a great river bed. The we are in dealing out extre:rpe powers to small amount, on the ground that that evaporation, in proportion to the amount · this international body, I must admit a was all Mexico ever had used out of the of water, woulq be far greater than in sense of shock and dismay. unregulated :tlow of the river, or all she ' the Alamo canal. The amount of. seep­ Mr. President, I have not the slighte::t · ever could use. · I shall not discuss the age . would. be in about the same pro­ criticism to make of any Senator· for his merits of that decision now,. I am dis­ portion. Any engineer who. would claim action in the Committee on Foreign Re- cussing another point at this time. That that 300,000 or 400,000 _acre-feet of ·. 1945 CONGRESSIONAL RECO.RD-SENATE 3131

w~ter would be lost in transporting 750,-· ings. But I do not quite understand a loss of more than 1,000,000 acre-feet of 000 acre-feet of water 30 miles would what the Senator means. It must be water into the Salton Sea every year. say that there would be a loss of 4,000,000 this: That it is now the claim of Mexico . Mr. DOWNEY. Of course, tlie Sen­ or . 5,000,000 acre-feet of water in the that she is irrigating less acreage than ate~ is now on an entirely different point. Colorado River; -in carryiqg that 8,000,000 she was irrigating before the construc­ ;He Is referring to the return flow. acre-feet of water the 300 miles. . tion of Boulder Dam, and therefore, since - Mr. MILLIKIN. The Senator was I admit that I have done exactly what it required 1,100,000 acre-feet from the making a point with. respect to waste. I the disti'nguished Senator from Colorado river to satisfy that lesser acreage, we wa~ merely rebutting that' ~mall point by did; I have argued by indirect or. cir­ must have been giving her 1,100,000 acre­ saymg that waste·is not being given much . cumstantial evidence, when the direct feet before the construction of Boulder consideration. Ten million acre-feet of evidence is so plain that no one can Dam. Is that what the Senator means? water is going ove·r the line in any event. deny it. Mr. MILLIKIN. Before the construc­ The wastage into the Salton Sea is more · The fact is that last year we diverted tion of Boulder Dam there was more .than a million acre-feet per year. · out of the river, into the Alamo Canal _acreage, ·consuming the same amount of Mr. DOWNEY. Mr. President- 1,100,000 acre-feet of water. All the en­ water. per acre than there ·vas last year. . Mr. MILLIKIN. Will the Senator per­ gineers are agreed, as ·a matter of dis­ We learned that last year 980,000. acre­ mit me to continue? I have not dis­ trict records that are undisputed, that feet of water were taken to service a· turbed him in his rather prolonged eut of the 1,100,QOO acre-feet of water, smaller acreage than had been serviced .speech which involved me. The Senator we actually delivered to the Mexican before Boulder Dam. stated t:tJ.at during a measured year 1,- laterals 980,000 acre-feet of water, so . Mr. DOWNEY . . Mr. President, jn or­ 100,000 acre-feet of water was taken out that there was a loss, ·last year, of ap­ der that the Senate may thoroughly un­ of the Colorado River to supply the Mexi­ proximately 10 percent, not 25 percent derstand the entire story, let us recapitu­ can laterals. I believe the Senator will or 30 percent or 40 percent. late a little further. admit that the lands which have been Let me also say that we have the actual In 1941, 1942, and 1943, Mexico tried serviced by pumping .are different lands engineering records of the district, show­ .to .develop pumping on the lower river. entirely from the· ones about which he ing the amount of water which was di­ She suffered severe losses because the was _speaking. So I considered the sta­ .verted to Mexico for the .15 or 20 years .river meanders, and the flow 'is uncer­ tistics with regard to pumping out of the prior to the construction of Boulder Dam. tain. Then Mexico began to abandon ·Yuma drain over a long period of years, The maximum amount Mexico ever did her pumping. But j.n 1944 she had .more ·and I added that amount to the 1,100,000 use in her laterals was 750,000 acre-feet • -land than she could irrigate by pumping acre-feet. Then, in order to bring that -of water; and in n ·. year was there a .which had not proved successful. Mex~ into relation with the Senator's claim as 10-percent loss in that amount by way .ico said that she had sustained a very ·to what was being used during pre­ of seepage and evaporation. .heavy loss, running into millions of dol­ Boulder Dam days I developed that the The distinguished Senator from· Colo­ lars, and would continue to 8ustain it acreage which was watered from the rado entirely ignores those figures. He .unless we relieved her. She was relieved -Mexitan laterals last year was less than . ·entirely ignores what. I would say is .by a. plan which was worked out by the · Secretary of State, the B·ureau of Recla- ·it was during the year in which the max­ common sense, as known by engineers imum was taken before the construction and attorneys, ·and he makes an indirect mation, and the Imperial irrigation Q.is­ . trict. Through the All-American Canal, of Boulder Dam. The Senator has not ' argument, based on circumstantial evi­ answered my · statement. I am willing dence, so attenuated and so unsound that .and partly through the Alamo Canal, she was given 1,100,000 acre-feet _of water. that the Senator jump either way, but I I know he will ·want to try to persuade ·suggest that he jump one way or the ~ the Senate again by further argument, I have no objection to the Senator inak- , ing whatever argument he cares to make other. and I will yield to him. · Mr. DOWNEY. First, Mr. President, Mr. MILLIKIN. Mr. President, the out of the situation. which I have de- . scribed, but in frankness, I think he .allow me to say to the distinguished s~n­ Senator has made a very interesting dis­ ator from Colorado· that he has spoken closure. ·He said the maximum use from should stat~ to the Seriate that the State Department attached a condition to the about the·waste of a million acre-feet of the Mexican laterals was 750,000 acre­ water into the Salton Sea. I do not know feet of water; but he said that last year, · : delivery of the water that it should not constitute any precedent by which Mexico why the Senator has made such an un- under the diversion of 1,100,000 acre- . guarded_statement. It is true that prac­ . feet-just . how many acre-feet . did the should receive that much water again. Mr. President, we do ·not have to in­ . tically all of the'water used in Imperial Senator say? . ·Valley for irrigation finds its way through . Mr. DOWNEY. Nine· hundred and dulge- in an involved argument in at.,. tempting to determine how much acreage ·return flow into the Salton Sea. It is . eighty thousand acre-feet of water VlaS water which has been used and reused delivered to the Mexican laterals. was irrigated before the construction of Boulder Dam, and how much acreage has and is so salty that no one could use it: Mr. MILLIKIN. Yes; the Senator·said although under this treaty there are b~en irrigated since then. We have the · th~t last year, in connection with the some ·who think that Mexico would be diversion. of 1,100,000 acre-feet of wa­ definite records of the Mexican company and the United States company with re- obligated to use it. I do not know. How­ ter, 980 ,000 acre-feet of water was de­ ever, it is the return flow. To Senators livered to the Mexican laterals. . gard to the diversion of 1,100,000 acre­ feet of water out of the ·river, and the who do not understand irrigation I may · Mr. DOWNEY. With a loss of less say that in order to carry away salt from than 10 percent. · . delivery into the laterals of 980,000 acre­ feet. I believe the loss was approximately · land used for the growing of vegetables, Mr. MILLIKIN. The Senator. impales for example, it is necessary to have some himself on one of these two horns: Last 7 or 8 percent, and not 25 or 30 percent, as the distinguished Senator was led to extra amount of water. That is what year there was less acreage which took · we call the return flow. water from those Mexican laterals than believe by certain witnesses, the most im­ · there was before the construction of portant of whom was, I believe, the wit­ The Senator has required me to com­ Boulder Dam-which would indicate that ness from the State of Colorado. We also ment upon . another. point. We have prior to the construction of Boulder Dam have the records as to what was required definite engineering records on both. more than 750,000 acre-feet of water was ·in delivering 750,000 acre-feet of water. sides ol the line as to the amount of being used on tlwse particular lands­ , The loss of 300,000 or 400,000 acre-feet of water required to compensate for the or else the fact is that less than 980,000 water in t~e canal in the distance in­ seepag~ and losses sustained before the acre-feet of. water was taken through volved, is almost unbelievable. At an al­ construction of Boulder Dam. What those laterals last year. Will the Sena­ . most insignificant additional cost it does the Senator do? He assumes a tor please state which one is the fact? would be possible to concr.ete the canal certain acreage before the construction Mr. DOWNEY. Mr. President, I do and prevent the loss. of B~ulder Dam and, a certain acl'ea.ge · · not object to any language which the l\4r. MILLIKIN. Mr. President, will now, and he concludes that that Indi­ Senator may choose to use, because he the Senator yield? · cates that we must have taken 1,100,000 has been idnd and gracious to me, anq I Mr. DOWNEY. I yield. acre-feet of water out of the Colorado am willing that he use Whatever fanguage Mr. MILLIKIN. Not much considera­ . River before the construction of Boufcler he desires to use in relieving his feel- tion has been given to waste. There is Dam. I1.1 the first place, I think it is- an XCI--i98 3132 CONGRESSIONAL RECORD-SENATE .APRIL 5 admitted fact that at the present time, . 'get anywhere in the consideration of the ··may say I started out at 12:15 today to because. some of the land has become treaty. discuss a particular amendpJ.ent, to wit; more saline, more' water is beirtg used per Mr. DOWNEY. Mr. President, will the the amendment to strike out paragraph acre. The use was increased 10 or 15 Senator from Kentucky yield? 2 of article 2. percent. That is not all. By circum­ Mr. BARKLEY. Certainly. Mr. BARKLEY. But the Senator has stance and indirection the distinguished Mr. DOWNEY. I wish to assure the not yet offered the amendment. It is Senator has taken the figures of Mr. distinguished majority leader that I am printed and is lying on the table, but it Lawson, who stated that Mexico had anxious to facilitate the consideration of has not been offered. used 1,800,000 ·acre-feet of water in ~926. the amendments and of the treaty, I Mr. DOWNEY. I am not willing to Mr. Lawson appeared before the Foreign have no desire to harass or delay, but I bring it up, for a vote at least. I am will­ Relations Committee. His verbatim certainl;v do not intend to submit to the ing to offer it; and the first thing tomor­ testimony appears in the record, in which · Senate a concrete amendment to be voted row morning, if it will . make the dis .. he stated unequivocally to our commit­ upon, involving great issues to my State tinguished Senator happy-. - tee that a corps of engineers had de­ and to the Nation, when the only oppor­ Mr. BARKLEY. It i-s not a question termined the amount of. land being irri· tunity I have is perhaps· to talk to a of my happiness. I can be· happy under gated in Lower California. He made the maximum of 15 or 20 Senators, and on an the most adverse circumstances. Some­ statement that a ·large organization was average to not more than 4 or 5. I should times the more adverse, the happier I ani, used, including , many, assistants. Fi­ rather walk out of the Senate of the and I have never been happier than I , nally on cross-examination ... he was . United States than submit an issue am at this moment. [Laughter.] brought to the unequivocal ·admission under these conditions, because of course Mr. DOWNEY. Everyone will admit that neither he nor anyone under him Senators who do not hear the debate and that the conditions confronting the dis­ had made any investigation, and that he are not informed naturally will assume tinguished majority and minority leaders had only one engineer in Lower Califor­ that, the State Department having pre~ _ are exceedingly adverse, and we are all nia who accepted 100 percent the state­ sented this treaty, presented a good sympathetic with the burdens which they ment of the Mexicans as to the amount treaty. Until I am at least given an op­ bear. I shr~Jl gladly present my first of land they were irrigating, and the portunity to present my_ ideas in some amendment tomorrow morning as soon amount of water they were using. · definite, concise way, to at least a re­ as I can get the floor, and if a quorum of There has been no investigation made spectable number of Senators, I shall not the Senate is pre~ent and will listen to by anyone to determine the amount of call up any amendment. me for 15 or 20 minutes, I shall submit ·water being used in Me~ico now, or the Mr. BARKLEY. In that connection r· the amendment to a vote. I shall not amount of land being used. wish to state that we all know that the. myself submit it to a vote if there is not a Mr. BARKLEY. Mr. President, the treaty has been debated, and many of the sufficient number of Senators here to Senator from California indicates that statements and arguments about it have listen to the argument. · · he does not desire to proceed further at· been repeated over and over again. It is ·this time, and I wish to make a sugges­ unfortunate that" a larger number of EXECUTIVE H.EPORTS OF COMMITTEES tion. The debate might run on inter­ Senators do not remain in the Senate to The following favorable reports of minably on general ideas about the listen to the general debate on the treaty. nominations were submitted: • treaty, for it and against it as a whole, It · is thoroughly understandable why By Mr. WALSH, from the Committe~ on and it seems to me it has developed far many of them do not feel it necessary to Naval Affairs: · enough now so that we should begin to do so, but that does not change the un­ Su.ndry officers for appointment in the get some concrete proposals before the fortunate situation to which I have had Navy for temporary service. Senate, and vote on them. reference. By Mr. McKELLAR, from the Committee A large number of amendments have I do not know why more Senators do on Post Offices and Post Roads: been-printed and are lying on the table. not remain here. · There is no way to · Several postmasters. The Senator from California himself has compel them . to do so, because every FOREIGN SERVICE had about 9 or 10 amendments printed, time a point of no quorun:i is made a , Mr. . BARKLEY. Mr. President, I ask whicll are now lying on the bible, and quorum is developed· and then it evapo­ that the nominations on the Executive ·which will lie there until the Fourth of rates before the roll call is over. My Calendar be acted on. July unless some Senator offers one of experience here has led me to believe The VIOE PRESIDENT. The clerk them. It seems to me we should begin that the best way to get a quorum to re­ will proceed to state the nominations. to offer these amendments and reserva­ main in the Senate, or to keep what the tions, if they are to be offered,. in what­ ·senator calls a respectable attendance, is The legislative clerk proceeded to read ever form they are to come, so that we to have some concrete proposition before sundry nominations in the Foreign may debate them and vote upon them. . the Senate. We cannot keep Senators S~rvice. Mr. BARKLEY. I ask unanimous We will never get anywhere by mere~y here indefinitely over a general debate discussing the general provisions of the on ·a treaty or anything else, and I think consent that the Foreign Service nomi­ treaty to which objection is being made the Senator from California will find nations be confirmed en bloc. unless the amendments. which are pro­ that if he offers something which goes to The VICE PRESIDENT. Without ob­ posed are to be offered and debated and the merits of the treaty, in the way of an jection, the Foreign Service nominations voted upon by the Senate. amendment or a reservation, he will be . are confirmed en bloc. I respectfully suggest to the Senator honored by a larger attendance of Sena­ THE COAST GUARD from California, and to any other Sen­ tors than-he can ever expect to remain ator who has any amendments to offer and listen to merely prolongated debate The legislative clerk read the nomina­ to the treaty, or any reservations to offer upon the general treaty itself. I say tion of William K. Scammell to be com- to it, that they be offered. Only one can that wit:ti great respect. 'rhe Senator is modore. · be offered at a time; and if they are all an able, attractive, and illuminating The VICE PRESIDEN';I', Without ob­ offered and debated and voted upon, it speaker, and it is through no disrespect jection, the.nomination is confirmed. will take a considerable length ·of time. toward him that more Senators do not - COAST AND GEODETIC SURVEY I subm1t that very respectfully to all attend, but I think that if he will get The legislative clerk read tlie. nomina­ Senators concerned. something before us by way of a peg on tion of Columbus M. Shinn' to be aide, When we began the debate today, I which we can hang our hats, more Sena­ with rank of ensign. got the impression -from the Senator tors :will hang their bats on it. from California that he intended to offer Mr. DOWNEY. Will the Senator The VICE PRESIDENT. Without ·ob­ one of his amendments and debate it so yield? jection, the nomination is confirmed. that we might have something to shoot Mr. BARKLEY. Certainly. Mr. BARKLEY. I ask unanimous at, and then finally vote on. I hope Mr. DOWNEY. I first express my ap­ consent that the Pre-sident be immedi­ that when we meet tomorrow whatever. preciation of the gracious statement the ately notified in all these cases. · amendment is to be offered first will be Senator has made concerning me. I am The VICE PRESIDENT. With~ut ob­ offered, and then we may debate. it and in total agreement usually with what the jection: the President will be notified dispose of it. Otherwise we never will distinguished leader has in mind, and I forthwith of all confirmations of today. 1945 CONGRESSIONAL RECORD-HOUSE 3133' RECESS Paul H. Alling to be Foreign Service offi­ are set before us, that our age may lose Mr. BARKLEY. Mr. President, the cer of class 2, a secretary h:f the Diplomatic itself in dedication, that we in the living Service, and a consul general of the United present may find ourselves on the thresh­ committees are not very busy now in the States of America. mornings. The Committee on Foreign Frederick B. Lyon to be Foreign Service old of ThY. kingdom on earth. Amen. Relations· has reported practically every­ officer of class 4, a secretary in the Diplo­ The Journal of the proceedings of Mon­ thing before it, the Committee on Bank­ matic Service, and a consul general of the day, April 2, 1945, was read and ap,Proved. United States -of America. ing and Currency has disposed- of the MESSAGE FROM THE SENATE 0. P. A. bill, and the report is now being William A. Fowler to be Foreign Service prepared. I think the Senate ought to officer of class 4, a secretary in the Diplo­ A message from the Senate, by Mr. matic Service, and a consul of the United Frazier, its legislative clerk, announced begin to meet at ·11 o'clock and try out .states of America. meeting at that hour for awhile; there­ Robert T. Cowan .to be consul of the that the Senate agrees to the report of fore, Mr. President, I move that the Sen­ United States of America. the committee of conference on the·dis- ate now take a recess uritilll o'clock to­ . agreeipg votes of the two Houses on the PROMOTIONS EFFECTIVE MARCH 1, 1945 amendment of the House to the bill morrow morning. To be Foreign Service officers of class 8 Mr. JOHNSON of California. Mr. (S. 298) entitled "An act to continue Charles W. Adair, Jr. Alfred H. Lovell, Jr. Commodity · Credit Corporation as an President, will the Senator yield? H. Gardner Ainsworth John M. McSweeney 'Mr. BARKLEY. I yield. Donald B. Calder Bromley K . Smith agency of the United States, increase its Mr. JOHNSON of California. Mr. Robert J. Cavanaugh Henry T. Smith borrowing power, revise the basis of the President, I do not on personal grounds Leonard J. Cromie William L. Smyser annual appraisal of its assets, and for · want to do anything which would result C. Vaughan Ferguson, John L. Topping other purposes." in the loss of a single hour of time in this Jr. James S. Triolo The message also announced that the dispute or controversy, but we have pro­ Lewis E. Gleeck, Jr. John W. Tuth111 Senate disagrees to the report of the com­ Richard E. Gnade William W. Walker mittee of conference on the disagreeing, ceeded thus far in rather an orderly Bartley P. Gordon Fred E. Waller fashion-or disorderly fashion if you Richard A. Johnson Fraser Wilkins votes of the two Houses on the amend­ choose-and we have not accomplished M. Gordon Knox ment of the Senate to the bill (H. R. very much. My colleague says he will 1752) entitled "An act to amend the Se­ present a particular amendment tomor­ UNITED STATES CdAST GUARD lective Training and Service Act of 1940, row when the Senate reconvenes, and I TEMPORARY SERVICE • and.for other·purposes." think it should reconvene at the usual Wllliam K. Scammell to be commodore, The message also announced that the for temporary service, in the Coast Guard, Senate further insists upon its amend­ time. to rank from March 1, 1945, while serving Mr. BARKLEY. I will say to the Sen­ as district Coast Guard officer, Twelfth · ment to the foregoing bill disagreed to ator from California that several weeks Naval District, or any other assignment fbr by the House; asks a further conference ago I suggested that during the consid­ which the rank of commodore is ·authorized. with the House on the disagreeing votes eration of the pending treaty the Senate of the two Houses thereon, and appoints COAST AND GEODETIC SURVEY Mr. THoMAs of Utah, •Mr. JoHNSON of should meet at 11 o'clock a. m. The Columbus M. Shinn to be aide, with rank Senator from California objected and of ensign, from Oct ober 25, 1944. Colorado, Mr. O'MAHONEY, Mr. AusTIN, suggested that we not begin meeting at and Mr. BURTON to be the conferees on 11 o'clock until the following week. The the part of the Senate. following week the Senate engaged in de­ EXTENSION OF REMARKS bate on the nomination of Aubrey Wil­ liams, and, of course, discussion of the HOUSE OF ·REPRESENTATIVES Mr. SHEPPARD.· Mr. Speaker, I ask unanimous consen.. . in behalf o{ our col­ treaty did not take place. It seems to THURSDAY, APRIL 5, 1945 me that we have now reached the point league the gentleman from New York where the Senate could well meet a.t 11 The House met at 12 o'clock noon and [Mr. KEOGH] that there may be inserted o'clock. was called to order by the Speaker pro in the RECORD some editorials and his ·Mr. JOHNSON of California. It was tempore, Mr. COOPER. comments with reference thereto. no fault of ours that the Senate for a Rev. Russell Wharton Lambert, min­ · The SPEAKER pro tempore. Is there considerable time discussed the nomina­ ister, Centennial Methodist Church, objection to the request of the gentleman tion of Aubrey Williams. Rockford, Ill., offered the following from California? Mr. BARKLEY. Oh, no; I am not prayer: · There was no objection. saying that it was the fault of anybody ADJOURNMENT OVER in particular. It was the fault of every- Most merciful and loving Father of body. . mankind, we give Thee thanks for the ca­ Mr. SHEPPARD. Mr. Speaker, I ask Mr. President, it seems to me we might pacities within our lives for appreciation, unanimous consent that when the House try tomorrow, Friday, meeting · at 11 understanding, and gratitude, ana for adjourns today it adjourn over until next o'clock. the powers to develop these ~to justice, Monday. The VICE PRESIDENT. The Sen~tor love, and loyalty. . The SPEAKER pro tempore. Is there from Kentucky has made a motion which Let us be aware of our mission of jus­ objection to the request1)f the gentleman is not debatable. The question is · on tice among all nations, creeds, and colors. from California? agreeing to the motion. May there be the understanding of There was no objection. The motion was agreed to; and (at 5 justice that will lead us into the spiritual PERMISSION TO ADDRESS THE HOUSE o'clock and 1 minute p. m.> the Senate, grandeur of love ·for God and for all in executive session, took a recess until ·men. From our gratitude for the bless­ Mr. JARMAN. Mr. Speaker,· I ask tomorrow, Friday, April 6, 1945, at 11 ings of freedom, may there come an ac­ unanimous consent that on Tuesday, April 10, after the disposition of all leg- . o'clock a. :tn. ceptance of responsibility that will lead us in devout loyalty to God's purpose islative business, I may be permitted to address the House: for 5 minutes. CONFffiMATIONS and in enlightened loyalty to humanity's· dreams of brotherhood and peace. The SPEAKER pro tempore. Is there Executive nominations confirmed by In these days that are filled with great objection to the request of the gentleman the Senate April 5 (legislative day of hopes, but are also weighted with sorrow from Alabama? March 16, 1945: and suffering, enable us, we pray Thee, to - There was no objection. . FOREIGN SERVICE seek ThY· will for our great Nation. May Mr. JARMAN. Mr. Speaker, I also ask Fletcher Warren to be Ambassador Ex­ the truths of the prophets and of Jesus unanimous consent that on Wednesday, traordina ry and· Plenipotentiary of the draw us to an acceptance of Thy lord­ April .25, after .the· disposition of all leg­ United St ates of ·America to Nicaragua. ship. islative business, I may be permitted to Richard P. Butrick to be consul general a.ddress the House for 20 minutes. of the United States of America. Comfort Ye the homes of the sorrow­ H. Merle .cochran to be consul general of ing, ease the minds of the troubled, lift The SPEAKER pro tempore. Is there the United States of America. up the hearts that seem without hope, objection to the request of the gentle­ H. Gordon Minnigerode to be consul of open the eyes of the confused. So inspire man from Alabama? the United States of America. us with zeal for the great new tasks that . l'here was no-objectio_n. ..;_ 3134 CONGRESSIONAL RECORD-HOUSE APRIL 5 EXTENSION OF REMARKS Mr. MAHON .• Mr. Speaker, in a speech 1ng decreases in population. But, gen­ Mr. PLUMLEY

• 1945 CONGRESSIONAL RECORD-I-IOUSE 3135 and commerce factors of the East and CENSUS BUREAU'S STORM SIGNALS area are run down and dilapidated to South portion of our great Nation, can­ Population estimates made by the Census such an extent that the historical socie­ not safely continue to tolerate or en­ Bureau show how wrong it would be to as­ ties ·of Pennsylvania and others who courage any freight rate or barrier, re­ sume that California and the rest of the have petitioned me with respect to this Pacific coast are merely thinking in terms striction, or limitation, which seeks to of pre-war boosters when they urge that the legislation feel they constitute a fire choke oft' or cancel the normal flow of steel industry developed in the West since hazard which threatens the safety of trade and commerce to and from Cali­ the start of the war be continued. They these historic shrines which mean so fornia and other Western States. While have a far deeper interest i11 seeing that much to our Nation. I am not presently familiar with details their war industries are not dismantled at I am indebted to my colleague the of ways and means which are reported the end of the war. gentleman from Florida [Mr. PETERSON] to have been employed for this purpose, West and South in the period 1940-44 have increased their populations nearly 4,000,000, chairman of the Committee on Public and for the purpose of centering and con­ largely at the expense of· the northeastern Lands, for his interest and cooperation trolling c.ertain trade and commerce into section of the United States. It is the result and his promise to hold hearings in the other centers of our great Nation and so of workers leaving the region where Ameri­ near future on this bill. At those hear­ as to keep it from transferring to Cali­ can industry before the war was largely con­ ings the representatives of the various fornia and other Western States, I know centrated, to take jobs in new industrial historical, civic, and business organiza­ it must needs be a matter for immediate communities of the West and South, like Los tions of Philadelphia. and Pennsylvania conscientious thinking and treatment; Angeles County, the San Francisco Bay area, will be given opportunity for presenta­ so that, in the readjustment which comes and San Diego in California; Mobile, Ala.; Norfolk, Va.; Portland, Oreg.; and the Puget tion of data to the committee, which will with necessary reconversion, there shall Sound cities. enable the members of the committee be fair, just treatment of the rights of, California's population increase is the • to make their determination with re­ and of the necessity of, allowing and even greatest, 1,839,000, while New York State has gard to a favorable report on this-legis­ encouraging normalcy in freight chan­ lost 846,000, Pennsylvania has lost 653,000, lation. nels, courses, and lines throughout our and Oklahoma has lost 271,000. Nation. Call it specialization in industry Indications are that the great majority of POWER TO EVADE TAXES IS POWER TO and manufacturing, if you will. Admit the nearly 2,000,000 new Californians will DESTROY that California and the Western States want to stay here. If they do stay here, they Mr. MUNDT. Mr. Speaker, I ask must have jobs. If they are left jobless, unanimous consent to address the House must have a fair price on steel and other the result will be disastrous to them and heavy construction materials, if you will. their families, and ·likewise to the society for 1 minute and to revise and extend my Let us frankly face the fact that Cali­ upon which they will become dependent. remarks. fornia and the western States are in a These are the conditions giving great civic The SPEAKER pro tempore. Is there better position to do certain things be­ importance to the efforts by Henry J. Kaiser objection to the request of the gentle­ cause of natural forces and resources to retain his wartime steel plant at Fontana, man from South Dakota? there available, than are certain other and of other western industrialists to keep There was no objection. areas of our great Nation. For instance, industries going here after the war. It is Mr. MUNDT. Mr. Speaker, Chief Jus­ their business, but it also is the business of just· before I came to Washington from the entire Pacific coast. Increased popula­ tice Marshall's famous dictum that the the great maritime and naval port of tion with jobs is a great asset; Without jobs, power to tax is .the power to destroy has Long_ Beach, Calif., I visited the ship­ it would be a gigantic burden of unemploy­ a corollary. That corollary is that the yards there located, and one of the high ment relief. power to evade taxes is also the power officials of the great shipbuilding yard NATIONAL PARK IN PHILADELPHIA to destroy. there located significantly called my at­ The Office of Defense Transportation tention to the fact that there in my home Mr. BRADLEY of Pennsylvania. Mr. has taken over some truck lines in South city of Long Beach, the men construct­ Speaker, I am today introducing a bill Dakota and in other midwestern States, ing those great war and maritime ships to provide for investigating the matter and up to this time it has been evading could work longer and more hours, under of the establishment of a national park the taxes and fees which other trucking more favorable climatic and physical in the old part of the city of Philadel­ companies have to pay to the States for conditions, than they could ·work in phia, for the purpose of conserving the operating trucks. This controversy has most any other section of our land. This historical buildings in that section of been turned over to the Honorable James means that costs there should be less for the city and the contents and objects Byrnes for settlement. I recently ad- - such construction. This means that the therein. · dressed a communication to Mr. Byrnes cost to the taxpayers should be less. I am doing this in response to petitions. suggesting that before he vacated the Our Census Bureau has again spoken. from numerous citizens of Philadelphia high office which he now has and from Its language and figures are significant. as well as in conformity with senti­ which he has unfortunately resigned, he I hope it is a clear message to the indus­ ment expressed at a mass meeting held add to his public achievements by settling trialists and manufacturers in this Na­ several weeks ago in the mayor's offi~e rightfully this controversy so that State tion. I hope it is recognized for its real in the Philadelphia City Hall. I may sovereignities may be protected and so worth to us, and that railroads, trans­ say the objective of the. bill is endorsed that the States can collect from private portation companies, governmental com­ by the mayor of Philadelphia, the Hon- · truck lines the taxes necessary, if they missions, industrialists and manufac­ arable Bernard Samuel, on behalf of are to maintain the highways and State turers, and those in control of interstate the city of Philadelphia, the various his­ governments. commerce and trade rates and tariffs torical societies of Pennsylvania, and the Obviously, to permit the Federal Gov­ will take heed, and will resultingly act Philadelphia Chamber of Commerce and ernment to take over private business more intelligently with r-eference to this Board of Trade representing the busi­ enterprises and then evade the payment sure and certain increase in population ness interests of the city. of taxes would be giving the Federal in California and the western area of The purpose is to create a commis­ Government the power to destroy State our Nation. It is well said that time sion to survey the area specified in my sovereignty and St-ate's rights in this marches on. It can be equally well said bill and to authorize the commission country. This is a fundamental issue that the east moves west. to receive information and data in or­ if we are to prevent the complete col­ Mr. Speaker, a very significant, well­ der to determine the advisability and lapse of State governments. It is an written, and informative editorial ap­ justification for the establishment of issue which our State governments dare peared in the Press-Telegram and Long such a park. not lose. Mr. Byrnes has the authority Beach Sun, under date of March 12, 1945, The area to be surveyed by the com­ and tlie opportunity to decide it correctly and has provoked my remarks of this day mission comprises that part of Phila­ before his resignation takes effect. It is on the floor of this great legislative delphia adjacent and contiguous to the an important item on his agenda of un­ body. The writers of this great daily locality in which Independence Hall, finished business and I hope and trust metropolitan paper are always watching Congress Hall, Old City Hall of Phila­ he will complete this work before he ends for and analyzing such significant move­ delphia where the first Supreme Court his distinguished career of public service. ments as occur in our .Nation and the of the United States met, Carpenters' The SPEAKER pro tempore. The time world. I wish this editorial to be quoted Hall and other historical buildings are of the gentleman from South Dakota has in my remarks. situated. Some of. the bUildings in this expired. 3136 CONGRESSIONAL RECORD-HOUSE APRIL 5 LORD HALIFAX IN OKLAHOMA recently published in the Daily Okla­ bassador and that our differences will Mr. MONRONEY. Mr. Speaker, I ask homan, the largest newspaper in the be settled impersonally and honorably. unanimous consent to address the House State, likewise resenting and criticizing The SPEAKER pro tempore. The for 1 minute and to revise and extend my the unfairness of these attacks: time of the gentleman from Arkansas remarks. OKLAHOMA CRUDE . has expired. The SPEAKER pro tempore. Is there Other people are just like we are. If they, Mr. JOHNSON of Oklahoma. Mr. objection to the request of the gentle­ upon visiting Oklahoma, receive courteous Speaker, I ask unanimous consent to ad­ man from Oklahoma? and generous treatment, they will acquire a dress the House for 1 minute. There was no objection. pleasing impression of our State and people The SPEAKER pro tempore. Is there and will retain a very pleasant memory Mr. MONRONEY. Mr. Speaker, I through all their subsequent years. But if objection to the request of the gentleman deeply regret the ill-mannered and dis­ they encounter .Just one act of intentional from Oklahoma? courteous attack made upon an official discourtesy, their first visit is likely to be the There was no objection. representative of one of our great fight­ last, and they probably will be disposed to Mr. JOHNSON of Oklahoma. Mr. ing allies in the Congress recently. judge all the people by the discourtesy of the Speaker, I have asked for· this brief time I refer to the .unwarranted and rude few. to say I agree wholeheartedly with the attack made upon Lor~ Halifax on his When Lord Halifax and his party visited sentiments of the gentleman from Ar­ visit to Oklahoma when he was an in­ Oklahoma recently, the State had a real op­ portunity to impress an empire with the fact kansas [Mr. HAYs] and my colleague vited guest by the Governor of the State that Oklahomans in the mass are not the the gentleman from Oklahoma [Mr. of Oklahoma and by the mayors of sev­ Okies of Steinbeck's imagination. But MONRONEY]. I am glad to join them in eral communities. This attack was made thanks to the intemperateness of a very few, saying that the Tulsa Tribune editorial by the Tulsa Tribune and by my distin-.. Lord Halifax is likely to have 1'\n unpleasant does not reflect the sentiments of the guished colleague the gentleman from memory of Oklahoma as long as he shall rank and file of the people of our State Oklahoma [Mr. SCHWABE]. live. While in the State he was berated by some in language ·as crude as their own pe­ or country. Moreover, I desire here and IGNORES TRADITION OF HOSPITALITY culiar ideas of courtesy. Upon his return to now to humbly apologize to Lord and Ignoring the traditional hospitality Washington he received from a well-known Lady Halifax and their family and host for which the West is famous for enter­ Oklahoman a letter complaining of the "lies" of friends in Oklahoma and throughout taining invited guests within our bor­ told to Americans by the British. And, as if the world for the unkind, uncalled for ders, the gentleman from Oklahoma the letter was not crude enough in all con and discourteous treatment of them at [Mr. ,ScHWABE] has seen fit to criticize science, it was placed in the CoNGRESSIONAL the hands of one of the large daily· news­ RECORD by a strangely assembled Oklahqma the Ambassador for witnessing a coyote Congressman. papers in Oklahoma. hunt in the western part of the State. I am sure that a vast majority of our In all fairness, if the gentleman f'rom Ok­ WAS INVITED GUEST citizens feel that it was indeed an honor lahoma, Congressman ScHWABE, wishes If Lord Halifax had caine to Oklahoma in his individual capacity as an individual vis­ to our State to have Lord Halifax pay to be fair, he would have known the Am­ itor, he would have deserved the courteous us a visit. Our citizens also deem it a bassador was within the boundaries of treatment that gentlemen are so r _:-eful to high honor that one of England's best­ our State as a guest and had no respon­ accord. But, he came officially as the rep· known, beloved, and honored sons, Rich­ sibility for the planning of whatever af­ resentative of a great empire. He came in ard Wood, heroic son of Lady and Lord fairs were given for him by his Oklahoma such a capacity that any discourtesy shown Halifax, who lost both legs in defense of hosts on this visit'. to him was tantamount to an offense t r one the liberties of mankind accompanied Many Members of this Congress, many of the greatest of the nations. Moreover, he our recent distinguished guests to Okla­ of our public officials, yes,.and thousands came as an invited guest. Hence, any crude­ ness shown in our reception of him may have homa. While in our State, as pointed of our fighting men have been received the tendency to convince millions of· people out by my colleague, this legless hero hospitably in England. I know of no that the picture of Oklahomans drawn in the took time to Vi$it many hospitals crowded case in which such discourteous treat­ Grapes of Wrath was a true and an accurate to overflowing with sick and disabled ment has been shown to invited Ameri­ picture. overseas veterans. He brought much can guests as was shown to these distin­ Naturally enough, all Oklahomans have re­ cheer to them. One of the crowded hos­ guished guests invited to our State by sented the name of "Oki'es." But all of us pitals he visited was in my home city of officials of the State. I think this is a had just as well realize that all of us are Chickasha. According to reports coming · cheap attempt at international mischief going to wear that appellation just as long as to me from several friends, including making and has no rightful place on the a few give proof that they deserve it. patients at that hospital, our sick and floor of this Congress. Mr. HAYS. Mr. Speaker, I ask unani­ wounded boys do not share the views of ACCEPTED STRENUOUS SCHEDULE mous consent to address the House for the editor of the Tulsa Tribune, who ap­ In extending my remarks I would like 1 minute. parently is more interested in promoting to point out that Lord and Lady Halifax The SPEAKER pro tempore. Is there the "hate England" campaign at this and their heroic son, Richard Wood, ac­ objection to the request of the gentle­ critical time than in promoting unity cepted at the request of many State cities man from Arkansas? among our allies in this war. the most strenuous kind of schedule so There was no objection. The people of Oklahoma, as well as that they could meet and understand the Mr. HAYS. Mr. Speaker, my reaction American citizens everywhere, know that people of this great section.of our coun­ to the unwarranted attack of the Tulsa Lord and Lady Halifax have suffered try. In addition to endless conferences, Tribune is one of sadness as well as grievous persona.! loss as a result of this speeches, and official visits, Lady Halifax anger that this attack should have been tragic war. They have given more than and Mr. Wood spent much of their time made upon a guest in our section of the mere lip service to the war. Another fine visiting the wounded soldiers in our hos­ sori whose memory 1\11 Americans honor country, the great Southwest, which I and revere paid the supreme sacrifice pitals, talking to Red Cross workers, and love. I in assisting in other lines of important do not question the propriety of that mankind everywhere might be free, war work. voicing a difference of opinion with rep­ including the freedom of the press. Because of the great sacrifices that this resentatives of the British Empire, but In conclusion, Mr. Speaker, permit me this kind of expression was altogether family have made, they~ were warmly re­ to reiterate and reemphasize that as a ceived and their friendly visit was deeply inconsistent with the gracious spirit of Representative of the Commonwealth of appreciated by the entire State, and par­ the man himself. He is a great man, Oklahoma we do deeply ·and sincerely ticularly by the families of the men who and he loves our people. He and his appreciate the honor that these distin­ fight side by side with the men from their family have suffered in the defense of guished guests have paid our State, and country. our institutions and for the common again offer our apologies for the fact that These unfair attacks by my colleague cause. As a citizen of Arkansas, one of such an unfortunate attack should have and by the Tulsa Tribune in no way re­ the States included in his itinerary, I been made, and especially that it shoUld :tlect anything except the microscopic resent the vicious attack that has been have found its way into the CONGRES­ minority of the people of the State of made'. I hope the people of the British SIONAL RECORD. Of course, it iS all inex­ Oklahoma. Empire will understand that the people cusable. May I express the hope that Mr. Speaker, I would like to include in of this country appreciate the friend­ out of the bigness of their hearts Lord the extension of my remarks an editorial liness so well exemplified by their Am- and Lady Halifax and their distinguished 1945 CONGRESSIONAL RECORD-HOUSE 3137 and honored son will accept our assur­ Mr. MONRONEY. Mr. Speaker, I ask Vinson; a JUan of similar quality and of simi· ance that the editorial in question that unanimous consent to address the House lar congressional experience, a man equally respecwd for his sincerity and integrity and has been broadcast throughout the world for 1 minute. judgment, though, if anything, less pliable does not represent the true sentiments The SPEAKER pro tempore. The in his ofticial dealings. No appointment could of our people, but that Americans in Chair regrets that Members cannot be have been more appropriate. Oklahoma and the Nation hold them in recognized to proceed for 1 minute a Mr. Byrnes has often expressed a desire high regard and in sincere affection. second time. to go back to the practice of law. It ilt no secret that he was disappointed that he did The SPEAKER pro tempore. The JUSTICE BYRNES time of the gentleman from Oklahoma not share the Democratic ticket last fall with has expired. Mr. RICHARDS. Mr. Speaker, I ask Mr. Roosevelt. There are those who felt that unanimous consent to address the House his proper place, failing that selection, was Mr. MICHENER. Mr. Speaker, I ask the Secretaryship of State. But any dis­ unanimous consent to address the House for 1 minute and to revise and extend appointment on these scores that Mr. Byrnes for 1 minute. my remarks, and include two editorials may have felt has long since vanished, and Tbe SPEAKER pro tempore. Is there from Washington papers. there is not the slightest reason to think that objection to the request of the gentleman The SPEAKER pro tempore. Is there his long-contemplated resignation is trace­ from Michigan? objection to the request of the gentle­ able to any reason other than the one as­ There was no objection. man from South Carolina? signed to it. What he needs now is a rest There was no objection. from the arduous, even killing, labors of the Mr. MICHENER. Mr. Speaker, I am last few years. But we would warn him that rather surprised at the remarks of my Mr. RICHARDS. Mr. Speaker, there­ the reaction of most of his old coworkers fn very good friend, the able ·gentleman tirement of Justice Byrnes has met with Washington will be to wonder what public from Oklahoma [Mr. MONRONEY]. By universal regret. Probably no man con­ job he could best fill when he returns. There general agreement, as announced by the nected with our Government has been is one that readily occurs to us. That is the majority leader, there were to be no con­ held in greater esteem· from all quarters. po11t of delegate to the security council · in troversial matters on the :floor of the Few, if any, liave carved out more illus­ the new world organization, where the trious records in all three of the coordi­ United Nations and the world will have need House from March 29 to April 10. This of that happy blend of firmness and com­ understandiJ::tg was clarified by the ma­ nate branches of our Government. He promise which Mr. Byrnes brings to his jority leader in his remarks to the ·House, deserves a rest now, but the time will assignments. found on page 2870 of the CONGRESSIONAL probably come when he will be called to RECORD of March 27. A !-minute speech step into the breach again; and he will (From the Washington Evening Star of April or an extension of remarks may not be answer "Here" as he ·always has. 3, 1945] considered controversial. A speech, how­ As samples of the commendatory MR. BYRNES DEPARTS ever, severely criticizing and castigat­ things being said of Justice Byrnes by The extent and genuineness of the sense of ing--even though it is not an outright the press, I quote editorials from the disappointment with which the announce­ attack-the judgment ·and conduct of a Washington Post and the Evening Star-: ment of his departure from public life has · Member of the House certainly comes (From the WMhington Post of April 3, 1945) been received is the best measure of the service which James F. Byrnes has rendered within the category of controversial mat­ ART OF BEING BYRNES and the best tribute to his qualities as a man. ter. No man who has seen Justice Byrnes at In 1942, after a long arid creditable career I have not read the extension of re­ work will want to see him leave the public in public life, Mr. Byrnes was· serving on the marks of the gentleman from Oklahoma · service. He is the epitome of a quality that Supreme Court-the highest distinction to [Mr. ScHWABE], wherein he included an has a premium attached to it by the nature which any lawyer can aspire. But he did not editorial from one of the leading news­ of the American political system. We mean hesitate to put the security and the honor compromise. Edmund Burke, writing on the of that post behind him when the President papers in Oklahoma. I, therefore, make need for reconciliation with the American no observation concerning the merits of asked for his aid in preparing the country for Colonies, said that all government, "indeed, the grim test of war. As head of the Oftlce the· editorial or the wisdom of inserting every human benefit and enjoyment, every of Economic Stabillzation and, later, as Di­ it in the RECORD. With the assurance virtue and every prudent act,'' is founded on rector of the om.ce of War Mobillzation, Mr. that· nothing controversial was to be be­ compromise. What was necessary in rela­ Byrnes became known as Assistant Presi­ fore the House, many of our colleagues, tions with the Colonies became just as neces­ dent, and, indeed, his domestic burdens and who were not required to remain in sary in relations within the Federal system responsil::!ilities were second only to those of which grew out of the "bundle of compro­ the Chief Executive. Washington because of committee or mises" of 1787. It is not a habit with Mr. other work, have return~d to their homes It may well be doubted that any other man Byrnes; it is an art. .He knows when to com­ could have accomplished more in these dim­ for a few days. I assume that the gen­ promise, and how, and that is a gift which cult posts. Occasional mistakes were made, tleman from Oklahoma [Mr; ScHWABE], makes Mr. Byrnes-invaluable in our public but they are insignificant When measured like a majority of the other Members, has life. In fundamental things Mr. Byrnes can against the accomplishments for which Mr. returned home. At least he is not one be as unyielding as a man whose lack of Byrnes is entitled to full credit. . In his ap­ of the few present here today. addiction to compromise is merely the mark proach to all problems the national welfare In these circumstances, it seems to me of stubbornness. was his first consideration, and this remained that the remarks to which I have re­ Indeed, Mr. Byrnes' main task in this war true when he sought a solution through a has been to "hold the line" against infiation process of compromise as well as when he ferred are regrettable. Possibly if the and economic instabillty. On October 3, felt obliged to adhere to a policy of uncom­ language used reflects on the conduct of 1942, he stepped down from , the Supreme promising :ftrmness. In pursuing this course the gentleman from Oklahoma [Mr. Court to become Director of Economic Sta­ Mr. Byrnes made enemies, and tliey were able ScHWABE] a motion to expunge from the bilization. A year later he was put in· over­ to deny him a place on the Democratic Party REcoRD might be in order. That, of all charge of the home front, as Director of ticket last fall. It is an undeniable fact, how­ course, would be controversial business, War Mobilization. When the prospect of ever, that the enemies whicl'l he has made might require a roll call, and would be peace began to be envisaged, he was also and the nature of their complaints against saddled with the problems of reconversion, him are an impressive tribute to Mr. Byrnes unfair to those Members who in good and his omce became known as the omce of and the un11elfish quality of his performance. faith are out of the city. War Mobilization and Reconversion. The In leaving public omce now, Mr. Byrnes is Mr. Speaker, there can be no objection burden has been onerous, the responsibility giving effect to a desire expressed as long ago to the several gentlemen from Oklahoma immense. as last summer, and there is np occasion to apologizing for an editorial in one of Perhaps Mr. Byrnes' chief trouble in that look behind the stated reasons for pis resig­ their home papers if they are not in time has been to ·persuade his subadmini­ nation. As he steps down, it is fortunate trators to share his sense of responsibll1ty. that the President can turn to a successor agreement with the editorial. However, He wanted to resign 15 months ago when the I do deplore the approach to this mat­ with the experience, character, and reputa- · country had b~come mobilized within the tion of Judge Vinson, even though his ad­ ter in the absence of the gentleman from voluntary framework that the President had vancement will leave a ·vacancy in the Fed­ Oklahoma [Mr.· ScHWABE] without his created. His bags were packed when the eral Loan Administration which will be· hard knowledge, and with no opportunity on new administration came in. Now that he to fill. his part to explain his position. has set the pattern for reconversion, he feels The SPEAKER pro tempore. The time . that he can step down with an easy con­ • THE YALTA CONFERENCE science. The plans to be· drawn up and car• of the gentleman from Michigan has ex­ ried through will require several more years, Mr. LEWIS. Mr. Speaker, I ask un~til­ pired. and it is Mr. Byrnes' feeling that they need a mous consent to address the House for For what purpose does the gentleman new hand at the helm. Mr. Byrnes' resigna­ 1 minute and to revise and extend my :{rom Oklahoma rise? :tion brings in. his former coadjutor, Judge remarks and include a newspaper article. 3138 CONGRESSIONAL RECORD-HOUSE APRIL 5 The SPEAKER pro tempore. Is there At this both Roosevelt and Churchill hit States. The only complaint that i can objection to the request of the gentle- the ceiling. · - have with the President's Yalta propo­ In the end Russia agreed to postpone. the sition is that it is only partially realistic, man from Ohio? • . question of 16 votes until Churchill, Roose­ There was no objection. velt, and Stalin could sit down together. and ·that America should have in any Mr. LEWIS. Mr. Speaker, Premier This was what F. D. R. faced at Yalta. assembly of nations a representation ap­ Stalin is a realist. At Yalta he made a And out of this came the compromise of proximately proportionate to the power proposition to Prime Minister Churchill , three votes for both the United States of and influence which she wields. It is for and President Roosevelt that, in my America and the Union of Soviet Socialist that purpose that I am introducing the opinion, is in keeping with the realities Republics. measure above referred to, and I -trust of the world situation. His proposal is, He proposed,· according to belated ac­ that Congress may see fit to enact it in as reported in the Washington Post of counts of the conference from the White order to lend substance to our claim to ~1mrsday, April 5, 1945, in the column House, that the Union of Soviet Socialist be a union of 48 sovereign States. While of Drew Pearson, as follows: Republics be given three votes in the it may be that the voting power in the The tip-off as to how Joe Stalin feels about­ assembly of the world organization ten­ assembly of nations accorded to the smaller nations was given more than a year tatively sketched at Dumbarton Oaks. United States may not be exactly the ago in a private talk with Cuban Ambassa­ To this proposition, President Roosevelt number of Sta-tes in the Union, it is dor Concheso. It gave a significant indica­ acceded and promised Premier Stalin manifestly in accordance with realities tion of why Stalin demands three votes in that the United States would support to accord to the United States, to Russia, the United Nations Assembly. such a proposition at the San Francisco to Great Britain, and possibly some of Stalin amazed the Ambassador with his Conference. our other United Nations, voting repre­ knowledge of Cuban labor and economic sentation proportioned to their power, if The basis for Stalin's proposal is the pro1,2lems, but talked as Cuba were part wealth, influence, population, and terri~ of the United States. Concheso explained recognition that a vast country such as that the Platt amendment had been abro­ Russia, wielding a tremendous power in torial extent. In fact, it might be wise, gated and Cuba now had complete political the community of nations, should not be if the new community of nations is to freedom. But this made little impression on confined in its voting in the assembly to be a real instrument for the peace of the Stalin. He viewed Cuba as wedded to the the same representation as, for instance world, to make the voting strength of United States of America. the little country of Haiti, having but a each nation in the assembly and in the Then he turned to Argentina. And with small fraction of the area and population council a variable proposition from year considerable vehemence he remarked that it to year, taking into account not only the was about time the United States took Ar­ and resources of the Union of Soviet elements heretofore named but also giv .. gentina in hand and forced it to join the Socialist Republics, and that it is in ac­ ing increased representation as a recog­ Allies. Stalin's eyes :flashed when he talked cordance with the realities of the situa­ nition from y·ear to year of achievements of Argentina and he seemed to believe that tion to confine the ·voting power of the in the sciences and the arts and in peace­ the United States had complete control of great nations of the world to the same ful achievements for the benelit of man­ the entire American Continent. representation as that accorded to the Ambassador Concheso explained that Ar­ relatively minor nations of the world. kind. I feel sure that, with the com­ _, gentina was a long way off from the United bined wisdom of the nations in the San With this position, I am in entire agree­ Francisco Conference, they may -be able States of America a.1d that the United States ment, and I approve the President's took pains to respect the independence of to develop such a flexible voting Qasis Latin-American states. But Stalin seemed promise to support Mr. Stalin's position as will give credit and due weight in the uncon vinced: at the San Francisco Conference, and to organization of the nations for achieve­ ask for the same representation for the STALIN'S BORDER STATES ments in the works of peace and civili- United States of America-namely, three Since then, evidence has increased that zation. - · the Soviet considers {1) Latin America as a votes in the assembly. The only fault The SPEAKER pro tempore. The time bloc which will always vote with the United that I would find with either Mr. Stalin's of the gentleman from Ohio has ex­ States, (2) smaller nations close to a big proposal or Mr. Roosevelt's is that they pired. power as legitimate satellites of that power. both fall short of what I conceive to be a For instance, when Winston Churchill vis­ fair basis of representation for the United LORD HALiFAX IN OKLAHOMA ited Moscow last summer, Stalin was very States of America and for the Union of frank in saying that Russia must have a Mr. FOLGER. Mr. ·Speaker, I ask series of states on her western border-Po­ Soviet Socialist Republics. I think the unanimous consent to address the House land, Rumania, Finland-which were British position to the effect that the in­ for 1 minute. friendly to her. He made it plain that the dependent component parts of the Brit­ The SPEAKER pro tempore. Is there Soviet would not tolerate for - a minute a ish Commonwealth of Nations should objectidn to the request of the gentleman government in these bordering states which each be entitled to a vote in the assembly from North Carolina? did not cooperate with the U. S. S. R. is in strict accordance with the realities. There was no objection. Since then Stalin has changed the Govern­ On this basis I understand that Britain Mr. FOLGER. Mr~ Speaker, I do not ment of Rumania when it suited him, has forced the Allies to accept the Polish Lublin will claim and obtain a vote for each of know anything about- this but I think Government, and has caused a Government the independent com.ponent parts of the something pretty bad has happened that turn-over in Finland. British Commonwealth of Nations, com­ these gentlemen have been talking about. So the coldly realistic Stalin fig\Ires that monly called the British Empire. On this Mr. MONRONEY. Mr. Speaker, will the tactics he employs with his neighbors are basis that empire would have six votes. the gentleman yield? employed also by the United States of Amer­ It seer~1s to me that-, if the British Mr. FOLGER. I yield. ica with its neighbors; and if not, then it's Mr. MONRONEY. Mr. Speaker, I this country's fault. In fact, his only com­ Empire is to have 6 votes, the Union of plaint to the Cuban Ambassador was that Soviet Socialist Republics, consisting of thank the gentleman from North Caro­ the United States didn't crack down on Ar- 16 autonomous republics constituting the lina. for yielding to permit me to clear gentina. · Soviet Union, should be entitled on the up the matter mentioned by the dis­ SIXTEEN SOVIET VOTES same basis to 16 votes. On that same tinguished gentleman from Michigan, Stalin's views regarding small countries basis the United States should have a the acting minority leader. I regret too, were expressed quite clearly at the closed­ vote for each 1 of the 48 States that · Mr. Speaker, that some sections-of the door sessions of the Dumbarton Oaks eon.. comprise our Union, and, in order to give press of the Nation have made an issue ference. Ambassador Gromyko pointed out substance to that proposition, I shall in­ out of the Ambassador's visit as a result that Russia, occupying one-sixth of the of my colleague's remarks in the RECORD earth's surface, would have only one vote, troduce a measure which, 'if enacted, will while the British Commonwealth would have confer upon each one of our States all and his reprinting of the Tulsa Tribune six. of the attributes of sovereignty and all editorial therein. Stettinius replied that the United States, of the powers which, under our Consti­ I regret that -it is necessary now, with­ almost as large as Russia, had only one vote tution, Congress is authorized to grant. out further delay, to try to correct this and was not complaining. Gromyko coun­ I believe Mr. Stalin's proposal and the matter. I endeavored to call the gen­ tered with the reminder that the United States dominated 20 Latiri-American.repub­ proposal of the British Empire for such tleman from Oklahoma [Mr. ScHWABE] lics and could swing 21 votes. multiple representation is realistic, and to notify .him that I intend to answer For a while the Dumbarton Oaks parley I regret that the President has an­ him. I am sorry he is out of the city. was completely deadlocked. But finally nounced that he is receding from the But I cannot agree with my colleague Gromyko revealed that hiS Government position he · took at Yalta in requesting from Michigan that this should be left pla.nned to organize 16 Soviet republics. multiple representation for the United unanswered indefinitely-or to wait until 1945 CONGRESSIONAL RECO·RD-HOUSE 3139 the Congress might happen to be back for post-war prospects of at least one entire stockholders owning a majority· interest its regular business on the lOth or 12th section of our Nation-the Pacific in both the American and Canadian com­ or 15th of April. The blaming of Lord Northwest. That is not the concern panies got from the D. P. C. and R. F. C. Halifax tor the use of automobiles or alone of us who come from that section. here, and from the Canadian Govern­ airplanes in an Oklahoma coyote hunt If one section suffers, the Nation suffers. ment, a $300,000,000 aluminum plant at is offensive, and damaging to our rela­ If monopoly is aided to stifle free enter­ Shipshaw, in Canada, for an investment tions with a fighting ally. The fact that prise for potential competitors, our whole of only $15,000,000 of· their own money. the hunt was arranged solely by the economic system becomes more unwork­ We loaned the $68,500,000 interest-free. .Oklahoma people and in no way the able; and our 60,000,000 post-war jobs We arranged to give the principal, too, responsibility of Lord Halifax who was program becomes unrealizable. through prices enough more than what present mer~ly as an invited guest, is Not the least objectionable feature of we paid any American producer so that ill).portant. this contract is that it comes at the very all of the original $68,500,000 would even­ That was the reason my statement moment when the circuit court of New tually come ou~ of our pockets. was made at this time. - I do not believe, · York, in a final decision, has branded the That qriginal deal might have been and I do not think the gentleman from vast aluminum empire of Alcoa a . mo­ justifiable because the only people .who Michigan can find anything in my re­ nopoly and ordered its dissolution after knew how to produce aluminum were the marks that can be expunged -from the the war if competition is not by that time ones we had permitted to monopolize 90 RECORD of this House. firmly established. percent of the virgin ingot business Tbe SPEAKER pro tempore. The time The entire Shipshaw deal, originated through the years before the war. But of the gentleman from North Carelina ansi engineered by the Reconstruction did we .help potential competitors of · has expired. Finance Corporation and the Metals Re­ Alcoa on the same favorable terms? Vve EXTENSION OF REMARKS serve Company under Jesse Jones, is . did not. _ a national scandal. I see no reason now We gave them no interest free money. Mr. BECKWORTH asked and was . that a scandal left by Jesse Jones should What the R. F. c: loaned American com-· given permission to extend his remarks be perpetuated after he himself has left petitors of Alcoa was at 4 percent inter­ in the REcoRD and include an article .. us. est. We gave no American producer NEW CONTRACT WITH ALUMINUM MO- 1 · Mr. Speaker, so vital is it to this Na­ specially high prices to help him repay · NOPOLY SE:OULD BE CANCELED FOR tion to win this war as quickly as possi­ the principal. While we were paying AMERICA'S WELFARE 'ble that most of us excuse almost any Alcoa of Canada 17 cents or more a pound . Mr. DE LACY. Mr. Speaker, I ask act if it will help defeat the Axis 1 for aluminum, we rigidly demanded 15 unanimous consent to address the House day sooner. If it could be shown that cents a pound as a ceiling from Ameri­ for 1 minute and to revise and extend my this 250,000,000-pound contract with can competitors of the aluminum trust. remarks. Aluminum Co. of Canada, a wholly owned At this same time, w.e were putting . The SPEAKER pro tempore.· Is there subsidiary of a corporation whose stock $~7:1.,000,000 of American money into De- · objection to the request of the gentleman is held by the same stockholders who fense Plant Corporation aluminum plants from Washington? control Alcoa and dominated by the same of our own. Who chose the sights for There was no objection. 11 individuals who rule American alu- these plants, I do not know. But-anyone Mr. DE LACY. Mr. Speaker, our . minum production, is essential to vic­ who will aquaint himself with the prob­ handling of the vast program for war' tory, or will bring that victory a single lems. of aluminum production can easily procurement of aluminum involves every hour sooner, there would be no logical discover that every time you add one segment of our national economy, now. ground for protest. mill to the cost of electric power at ,an and after the war. . With this in mind, a week ago I urged aluminum plant, ~ou add a cent a pound The Metals Reserve . Company, a the Senate Small Business Committee, to the cost of producing aluminum. For subdivision of the R. F. C., has just signed which has been investigating the ·light­ it takes 10 kilowatt-hours of power to a new contract with the Aluminum Co. metals industry, to look thoroughly into produce 1 pound of aluminum. of Canada, to purchase another 250,000,- this contract. . This fact must have been known to 000 pounds of aluminum. The Alumi­ · After an exhaustive study of my own thos.e who located our American _plants. num Co. of Canada is the Canadian I 'have reluctantly concluded 'that. the Yet, they put: front for the giant American aluminum extension of the Shipshaw contract can­ A $33,000,000 plant at Maspeth, N. Y., trust, Alcoa. That fact alone is deeply not longer be excused on the basis of where power costs 6,5 mills. disturbing, and particularly so when all the war urgency, that the extended con­ A $i9,900,000 plant at Massena, N.Y., accompanying facts · are marshaled to tract must be canceled, and our own where power costs 6.5 mills. stand beside it. • Government-owned plantS-under pri­ A $17,000,000 plant at Burlington, N.J., · We certainly are not so narrow in our vate management the potential post-war where power costs 6.5 mills. views that we would protest the purchase competitors of Alcoa-be given the op­ Consequently, the cost of production of needed and vital war materials from portunity to produce this needed alumi .. at these plants, all of which were later a company located within the boundaries num. closed, was 16 cents or more a pound. of an ally. Certainly there is no Member . Let me review some oi the facts which The selling price was 15 cents a pound. of this Congress who would be so short­ have ceme to my attention. I know that Thus, we .lost on every JlOUnd pro­ sighted as to insist that we cut off our I do not need to detail the great solici­ duced; from the day the site was picked war supplies because we do not want a tude which we have previously shown for for these plants, we were destined to lose. monopoly to produce them. the Aluminum Co. of Canada-the Alcoa The gentlemen from New York and Vlhat is wrong with what is commonly of our northern neighbor. My esteemed from New Jersey are as interested in referred to as the Shipshaw deal is that colleague the gentleman from the· Sixth. this problem as any of us, because they it is stifling the American aluminum in­ District of Washington [Mr. CoFFEE] has now have in those sections D.P. C. plants dustry. It is risking at least $50,000,000. ' ably exposed this solicitude long before which cannot produce aluminum at an of taxpayers' money invested in the Pa­ I was a Member of this Congress. economically sound price, and are there­ cific Northwest alone. It will cost us In April of 1943-2 years ago-my col­ fore only $65,000,000 junk piles when it $10,000,000 more for aluminum than we league introduced a resolution to inves­ comes time to interest private investors could produce it for ourselves. tigate .Tesse Jones' assistance to Alcoa's in them for post-war developments. And this vast wastage comes atop an Canadian front. He presented a start­ While these mistakes were being outright loss of at least another $65,000,- ling array of facts. made-and through them Alcoa was be­ 000-or possibly $100,000,000-already Repeatedly since then the gentleman ing assured of no real competition from invested in uneconomic aluminum plants from Washington [Mr. COFFEE] and such high-cost plants in the post-war • whose location in high-cost power areas other able Members have detailed the world ahead-the D. P. C. did locate in can only be understood as having been way in which the Defense Plant Corpo­ low-cost power ·districts, other aluminum dictated by those who wanted to .protect ration and the Reconstruction Finance plants. Alcoa from real post-war competition. Corporation gave more than $68,500,000 We in the Pacific Northwest are plessed Now, the Shipshaw contract has been of our taxpayers' money to the Alumi­ with an abundance of hydroelectric extended. l'his renewal may cripple the num ~rust in· Canada, and how the 11 power, and we have had the vision-and 3140 CONGRESSIONAL RECORD-HOUSE APRIL 5 this administration and Congress has · and prepared to assume its role of li need we ca·n get by ope1;ating the ·ra­ had •the vision, to develop that power competitor with the great giant, A,lcoa, cilities·we have built ourselves. through Grand Coulee and Bonneville. in the post-war ·world. We would have · The .future of this great industry, the We hope to develop it further through a · contributed toward the prosperity we future of the great aviation inqustry, Columbia Valley Authority. seek, and the 60,000,000 jobs we are the future of the people who have come It was this power which gave to us in pledged to attain. · to the Northwest to work in our mighty the Northwest ideal locations for alumi­ But-no! Last August came the pro­ war plants there, the future of private num plants. . nouncement that we had "aluminum investors who look to the beg-innings of Alcoa and Reynolds, the only private running our of our ears." D. · P. C. light metals production in that great, · competitor the monopoly has and one ordered cut-backs all along the line. rich area, and more generally, the fu­ which came into existence without bene­ Riverbank and Los Angeles plants were ture of our whole country, free from the fit of special Government aid such as we closed-added, at that moment, to the restrictive effects of monopoly, un­ granted to Alcoa's Canadian counterpart, $65,000,000 junk pile of eastern plants. shackled from world cartels, are all in­ took advantage of this situation. Alcoa Two pot lines at. Troutdale were closed. 'volved to some degree in the R. F. C.'s has a plant at Vancouver, Wash. Rey­ T.wo were closed at Spokane. most unwise extension of the Shipshaw nolds located a plant at Longview, Wash. · Last month one of these pot lines at contract. The Defense Plant Corporation also Spokane reopened. It should be immediately canceled and ·Invested $50,000,090 in Northwest plants. No effort was made to bring to the the Northwest's plants should be put to One at $23,500,000, in Spokane; one, at Northwest an alumina plant of any type. work at full blast. $19,600,000, in ·Troutdale, Oreg.; and one Yet, men of. vision must know that .a at $6,554,000, at Tacoma, Wash. nearby source of alutnina would be prof­ DEVELOPMENT OF MILITARY PLANES All of these plants benefit from our itable to the Government's operation Mr. SPARKMAN. Mr. Speaker, I ask cheap Northwest powe:r:, the cheapest now, and will be essential to the post-war unanimous consent to address the House power in this Nation at 2 mills. As a disposal of Government facilities without for 1 minute and revise and e:&tend my consequence they did produce, and are great loss. With the war in the Pacific remarks. producing aluminum at from 10 to 11 gathering in velocity, it is criminal to The SPEAKER pro tempore. Is there cents a pound, and they returned to this clog our badly pressed railroads to the ·objection td the request of the gentleman Government, when they produced at ca-· coast with shipments of alumina from from Alabama·? · pacity, between $14,000,000 and $15,000,- . Arkansas which could be made cheaply There was no ·objection. 000 a year in profits. in the Northwest. Mr. SPARKMAN. Mr. Speaker, on South. along the Pacific coast, which The shocking fact is that if those cut­ Tuesday, March 27, in the debate here in also has hydroelectric power, although backs in the Pacific· coast production of the House on the manpower bill, the gen­ at a price nearly double that . in the aluminum had not ·b~en made last tleman from New York [Mr. TABER] Northwest, two other plants were located, August, America would by this time have charged Members on this side of the aisle a $13,000,000 plant at Los Angeles and a produced 25 percent more aluminum with playing politics with national de­ $8,000,000 plant at Riverbank, Calif. than is called for in our contract with the fense in June 1939. With the higher power cost, these two Canadian Alcoa and at a saving fQr our These people- plants could not return a profit to the taxpayers of 4 cents on every one of the Government, but they could, and .d,id, 250,000,000 pounds just authorized. He said- produce aluminum for the war at virtu­ If the R. F. C. would cancel that new voted against a provision in the War Depart­ ally cost. contract and reopen the Northwest's pot Ulent appropriation bill providing $9,000,000 For nearly 3 years now, there ·has been . lines, which it should do, we could pro­ to develop the Flying Fortress and the fight­ rightful agitation to locate an alumina duce in our own country within 6 months ing planes of this country at a time when we plant at tidewater in the Pacific North­ the amount the contract with the Cana­ had no designs suitable for the construction west. Aluminum is made from a white, dian monopoly demands. of either. flour-like substance, known as alumina, They wanted to build ghost airplanes not In cold dollars, at 4 cents a pound, fighting airplanes, • • • and by their chiefly produced from bauxite. The we would save $10,000,000, and on every operations they delayed the development of D. P. C. erected two alumina plants, one penny of that 4 cents a pound saving, our Flying Fortresses and our fighter planes at Hurricane Creek, Ark., at a cost of this Government would receive 85 per­ 3 months at a very critical period. $39,045,000, and one at Baton Rouge, La., cent of the profit, in accordance with at a cost of $28,567,000. The Baton the terms of its contracts with the op­ The remarks were . quite irrelevant to· Rouge plant hardly got into operation erators of D.~- C. plants. the debate, as so many remarks of the when it was closed. It is not a question of giving the con­ ?PPOsition are, and ordinarily I should Had this plant been located at tide­ tract to Canada's Alcoa or not having Igt?-ore them. But wf! have a duty, I water in the Pacific Northwest, or had it aluminum for the war. We can pro­ thmk, to keep the record straight. been removed there, or had a new plant duce ·what we need by operating the The facts are that in June 1939 3 been erected to supply the 2,000 ·tons of plants we have already built with 'Gov­ months before the outbreak of war' in alumina which the Northwest plants con­ ernment funds. We cart get it cheaper.. Europe, there was before the House a sume- a day,• the investment would have At the same time, we can preserve the War Department appropriation bill in­ been paid off in freight-rate l)avings in Government investment in our own ef­ cluding funds for the construction of 3 years. ficient, low-cost plants and make them 5,500 military planes, as recoJl1!llended by . Meanwhile, there was being developed more attractive for post-war disposal to the Secretary of War, General Arnold, a process of extracting alumina from private interests. and Gen . . Malin Craig, then Chief of Northwest clays. Five small pilot plants, Alct live bravely or well, show us Thy will victory of history, thanks to the fore­ By Mr. BLOOM: in all the maze of paths our uncertain sight of the President and the adminis- · H. R. 2844. A bill granting an increase in feet may take. As we draw near to Thee tration. pension tq Mrs. Katherine Nelson; to the now in prayer do Thou graciously draw Committee on Pensions. SENATE ENROLLED BILL SIGNED ne~r By Mr. HAVENNER: unto us, until we beconie more sure The SPEAKER pro tempore announced H. R. 2845. A bill for the relief of Ruth of Thee than of midday light: Come to his signature to an enrolled bill of the Muzio (Mrs. Joseph Muzie) and the legal us in the common life th~t entangles us; Senate of the following title: guardian of Louis Muzio; to the Committee meet us in the thorny questions which on Claims. confront us; make Thy highways through S. 298. An act to continue Commodity Credit Corporation as an agency of the H. R. 2846. A bill for tlle relief of A. Boyd the avenues of sense; clothe Thy glory in United States, increase its borrowing power, Puccinelli; to the Committee on Claims. our railing flesh; .breathe through the revise the basis of the annual aJlPraisal of H. R. 2847. A bill :lk>r the relief of A. Boyd things that are seen the peace of the its assets, and for · other purposes. Puccinelli; to the Committee on Claims. By :Mr. HAYS: . unseen and eternal. We ask it in the ADJOURNMENT H. R. 2848. A bill for the relief of the legal Redeemer's name. Amen. Mr. SHEPPARD. Mr. Speaker, I move guardian of Wilma Sue Woods, Patsy Woods, THE JOURNAL Raymond E. Hilliard, and Thomas E. Hilliard, that the House do now adjourn. minors; to the Committee on Claims. On request of Mr. BARKLEY, and by The motion was agreed to;. accordingly By Mr. HESELTON: unanimou~ consent, the reading of the (at 12 o'clock and 28 minutes p. m.); H. R. 2849. A bill for the relief of James R. Journal of the proceedings of the calen­ under its previous order, the House ad-· Walsh; to the Committee on Claims. dar day Thursday, April 5, 1945, was dis­ · journed until Monday, April 9, 1945, at H. R. 2850. 'A bill for the relief of Felix pensea with, and the Journal was ap­ 12 o'clock noon. Napiorkowskl; to the Committee on Claims. proved.