Congressional ~Eoor~House '4717

1937 .CONGRESSIONAL ~EOOR~HOUSE '4717. assistance in Texas, and urging· need for ·immediate appro ·noUSE OF REPRESENTATIVES priation; to the Committee on Appropriations. 2271. By Mr. KRAMER: Resolution of the Los Angeles TuESDAY, MAY 18, 1937 Municipal Housing Commission, pertaining to housing legis The House met at 12 o'clock noon. lation; to the Committee on Banking and Currency. The Chaplain, Rev. Jamts Shera Montgomery, D. D., 2272. Also, resolution of the Los Angeles chapter of Phi offered the following prayer: Alpha Delta law fraternity, referring to the proposed Fed eral judiciary system; to the Committee on the Judiciary. Let thanksgiving be our prayer, Heavenly Father, for the arms of Thy strong care shall be roundabout us. They that 2273. By Mr. KENNEY: Petition of the United \Veighers' Association of the Port of New York, protesting against the put their trust in the Lord shall be as Mount Zion, which O'Mahoney-Adams-Jones bill; to the Committee on Ways shall not be moved, but standeth forth forever. Blessed be and Means. · · the Lord our God of Israel, which only doeth wondrous things. Our blessings are countless; Thou hast prepared a 2274. Also, petition of the Sugar Refinery Workers Local, bounteous table in our land. We pray that upon these No. 20225, of Philadelphia, Pa., opposing O'Mahoney-Jones shores Thy saving health may be known among all nations. Adams bill; to the Committee on Ways arid Means. Grant that large-minded, great-souled men and women shall 2275. Also, petition of the United Sugar Samplers' Asso bless it with an ever-widening horizon. Almighty God, we ciation, opposing O'Mahoney-Adams-Jones bill; to the Com lift our grateful hearts to Thee; do Thou make them strong. mittee on Ways and Means. Fortify us with courage that we may overcome vexations, 2276. By Mr. KEOGH: Petition.of the United Weighers' annoyance.c;, and harassing cares; deliver us, 0 Lord, from Association of the Port of New York, concerning the O'Ma all things that blight and blur. May we lift our eyes unto honey-Adams-Jones sugar importation legislation; to the the hills from whence cometh our strength; our help cometh Committee on Ways and Means. from the Lord. In our Savi or's name. Amen. 2277. Also, petition of the United Sugar Samplers Associa tion, New York City, .concerning the Adams-Jones-O'Ma The Journal of the proceedings of yesterday was read and honey sugar importation bill; to the Committee on Ways and approved. Means. MESSAGE FROM THE SENATE 2278. Also, petition of the Building Trades Employers' · A message from the Senate, by Mr. Frazier, its legislative Association of the City of New York, concerning the Federal clerk, announced that the Senate had passed without amend Emergency Administration of Public Works, Administration ment bills and joint resolutions of the House of the following order no. 197; to the Committee on Appropriations. titles: · 2279. Also, petition of the New York Artists Union, con . H. R. 593. An act for the relief of Albert Wheeler; . cerning the Boileau bill; to the Committee on Appropriations. _H. R. 859. An act for the relief of the Union Shipping & 2280. By Mr. LEWIS of Colorado: Petition of the Thirty Trading Co., Ltd.; . . first General Assembly of the State of Colorado, House Joint H. R. 1092. An act for the _relief of May Howard.Bloedorn; Memorial No. 14, regarding House bill No. 513, of the Colo H. R.1119. An act for t~e . relief of Dr. E. T. Kirkendall; rado General Assembly, to protect trade-mark owners, dis ~. R. 12.54. An act for the relief of William A. McMahan; tributors, and the public against injuries and uneconomic - H. R. 1346. An act for the relief of James M. Winter; practices in the distribution of articles of standard quality -H. R. 2218. An act for the relief of Helen Marie Lewis; under a distinguished trade mark, brand, or name, and urg H. R. 2392. An act for the relief of Dona,ld L. Bookwalter: ing the Congress to enact the Miller-Tydings bill; to the H. R. 3135. An act for the exchange of land in Hudson Committee on the Judiciary. Falls, N.Y., for the purpose of the post-office site; 2281. By Mr. LORD: Petition of the Woman's Chris , H. R. 3326. An act for the relief of Printz-Biederman Co.; tian Temperance Union of Chenango County, N.Y., opposing H. R. 3573. An act for the relief of D. B. Carter; changes in the Supreme Court of the United States of H. R. 3773. An act for the relief of B. B. Odom and Lilla Ame1ica proposed by the President and any change in the O.dom; organization of said Court or in the method of appointing H. R. 4329. An act for the relief of George T. Heppenstall; Justices, believing that such changes would destroy the H. R. 4778. An act to confer jurisdiction on the United liberties of the people and would substitute the tyranny of States District Court for the Southern District of New York the individual for our present government of law; to the to hear, determine, and render judgment on the claim of A. Committee on Ways and Means. Mateos & Sons, owner of the coal hulk Callixene; 2282. Also, petition of L. D. Bailey and 26 residents of H. R. 5142. An act to provide for the issuance of a license Deposit, N.Y., urging enactment of the old-age pension bill to practice the healing art in the District of Columbia to Dr. as embodied in House bill 2257, introduced by Representa William Hollister;

tive WILL RoGERS1 of Oklahoma; to the Committee on Ways - H. R. 5171. An act to reimpose a trust on certain lands and Means. ~llotted _ on the Yakima Indlan Reservation; . ~'283. By Mr. NICHOLS: Petition concerning House bill H. R. 5311. An act for the relief of the estate of Robert 3297, affecting money and hours; to the Committee on Edwin Lee; Banking and Currency. .- H. R. 5416. An act to amend the act entitled "An a.Ct to 2284. By Mr. PFEIFER: Telegram from the New York Ar enable the Legislature of the Territory of Hawa-ii to authorize tists Union, New York City, concerning the Boileau bill for the issuance of .certain bonds, and for other purposes", Federal art project workers; to the Committee on Appro approved August 3, 1935; priations. H', R. 6566. An act granting a pension to Helen H. Taft; 2285. Also, petition of the United Sugar Samplers Associ · H. J. Res. 228. Joint resolution authorizing the payment ation, New York City, concerning the O'Mahoney-Adams of salaries of the officers and employees of Congress for De- · J ones sugar bill; to the Committee on Ways and Means. cember on the 20th day of that month of each year; and 2286. Also, petition of the United Weighers' Association of H. J. Res. 251. Joint resolution to extend the lending au the Port of New York, concerning the O'Mahoney-Adams thority of the Disaster Loan Corporation to apply to flood Jones sugar bill; to the Committee on Ways and Means. disasters in the year 1936. 2287. By Mr. QUINN: Resolution of the Federation of The message also.announced that the Senate had passed Technical Engineers, Architects, and Draftsmen's Union, with amendments, in which the concurrence of the House is Pittsburgh, Pa., concerning the $3,000,000,000 for Works requested, bills of the Ho~e of the follow1ng titles: Progress Administration and $1,000,000,000 for direct grants H. R.114. An act to provide for studies and plans for the to the States; to the Committee on Appropriations. development of a. hydroelectric power prot\.. .ct at Cabinet 4718 PONGRESSIONAL l_tEPO;R~HOUS;m MAY 18

Gorge, on the Clark Fork of the Columbia River, for _irriga COMMI'l"l'EE ON INTERSTATE Alrn FOR.EIGN COMMERCE tion pumping or other uses, and for other purposes; Mr. BULWINKLE. Mr. Speaker, ·at the request of the H. R. 458. An act for the relief of Eva Markowitz; Committee on Interstate and Foreign Commerce, I ask unani H. R.1377. An act conferring jurisdiction upon the United mous consent that the committee may have permission to sit States District Court for the Southern District of Ohio to this afternoon during the session of the House. hear, determine, and render judgment upon t~e claims of The SPEAKER. Is there objection to the request of the Walter T. Karshner, Katherine Karshner, Anne M. Karsh gentleman from North Carolina? ner, and Mrs. James E. McShane; There _was no objection. H. R. 1790. An act for the relief of Luvenia Flowers; H. R. 3575. An act conferring jurisdiction upon the United UNITED CONFEDERATE VETERANS' 1937 REUNION States District Court for the Eastern District of New York Mr. McGEHEE. Mr. Speaker, I ask unanimous consent to hear, determine, and render judgment upon the claims of that the bill (S. 1330) to authorize the attendance of the Achille Retellato and Albert Retellatto; and . Marine Band at the United Confederate Veterans' 1937 Re H. R. 3583. An act for the relief of Martin J. Blazevich. union, at Jackson, Miss., June 9, 10, 11, and 12, 1937, may be · The message also announced that the Senate had passed immediately considered. bills and a joint resolution of the following titles, in which The Clerk read the title of the bill. the concurrence of the House is requested: The SPEAKER. Is there objection to the present consid . s. 29. An act to promote the safety of employees and eration of the bill? travelers on railroads by requiring common carriers en There was no objection. gaged in interstate corn.merce to install, inspect, test, repair, The Clerk read the bill, as follows: and maintain block-signal systems, interlocking, automatic Be it enacted, etc., That the President is authorized to permit the train-stop, train-control, cable-signal devices, and other band of the United States Marine Corps to attend and give concerts appliances, methods, and systems intended to promote the at the United Confederate Veterans' Reunion to be held a.t Jackson, safety of railroad operation; Miss., on June 9, 10, 11, and 12, 1937. SEc. 2. For the purpose of defraying the expenses of such band in S. 39. An act to correct the military records of DeRosey attending and giving concerts at such reunion there is authorized C. Cabell, McFarland Cockrill, James N. Caperton, Junius H. to be appropriated the sum of $10,000, or so much thereof as may Houghton, Otto F. Lange, Paul B. Parker, James deB. Wal be necessary, to carry out the provisions of this act; Provided, That in addition to transportation and Pullman accommodations the back, and Victor W. B. Wales; leaders and members of the Marine Band be allowed not to exceed S. 477. An act to prevent fraud, -deception, or other im $5 per day each for actual living expenses while on this duty, and proper practice in connection with business before the that the payment of such expenses shall be in addition to the pay United States Patent Office, and for other purposes; and allowances to which they would be entitled while serving a.t s. 602. An act for the relief of George A. Woody, Samuel their permanent station. L. Metcalfe, Frank W. Halsey, Myron J. Conway, John A. · With the following committee amendment: Otto, and Leon L. Kotzebue; Page 1, line 9, strike out "$10,000" and insert 1n lieu· thereof S. 707 . .An act for the relief of Lucille McClure; "$6,000." S.-854. An act for the relief of James 0. Cook; The committee amendment was agreed to. s. 931. An act for the relief of the widow of the late The bill was ordered to be read a third time, was read William J. Cocke; the third time, and passed, and a motion to reconsider was . S.1046. An act for the relief of Harold Dukelow; laid on the table. S. 1048. An act for the relief of Alexander E. Kovner; EXTENSION OF REMARKS S.1122. An act to carry out certain treaty obligations of the United States and for the relief of Chase, Leavitt & Co., Mr. COCHRAN. Mr. Speaker, I ask unanimous consent and for other purposes; to extend my own remarks in the RECORD by printing a s. 1160. An act for the relief of Troup Miller and Harvey telegram of 20 words I have reecived on the question of D. Higley; · vocational education, as well as my reply. S. 1300. An act to complete the Point Pleasant Battle The SPEAKER. Is there objection to the request of the Monument, Point Pleasant, W.Va.; gentleman from Missouri? S. 1326. An act for the relief of John Ellis Oliv-er; ·There was no objection. 6.1448. An act for the relief of the Northeastern Piping MEMORIAL SERVICES & Co11..struction Corporation, of North Tonawanda, N. Y.; S.1453. An act for the relief of Maude P. Gresham; Mr. JARMAN. Mr. Speaker, I ask unanimous consent S.1833. An act to reserve certain lands in the State of for the immediate consideration of the resolution

STATE, JUSTICE, THE JUDICIARY, COl.\DlERCE, AND LABOR DEPART• The SPEAKER. Is there objection? MENTS APPROPRIATION BILL, l!l38 There was no objection? Mr. McMilLAN submitted a conference report and state Mr. HAINES. Mr. Speaker, I make a like request. ment on the bill Massachusetts. Mr. Speaker, I ask unani first bill on this omnibus immigration bill, to give those who mous consent to extend my own remarks in the RECORD by desire to discuss the question an opportunity to do so. We including therein an address delivered over the radio by my Will have under consideration the omnibus immigration bill colleague, the gentleman from Minnesota [Mr. KNuTsoN]. from the Committee on Immigration, and this bill includes 15 The SPEAKER. Is there objection to the request of the other bills. Under the rules of the House we cannot discuss gentleman from Massachusetts? them openly, and I thought, for the best interest of all con There was no objection. cerned, so that we may understand the legislation and debate PRIVATE CALENDAR the question upon its merits and vote on its merits, without The SPEAKER. This is the third Tuesday of the month. quorum calls and objections, it would be better for me to ask Under the rules, the Speaker is authorized to direct the unanimous consent that we have 1 hour of debate on the first bill, half of that time to be controlled by myself and half by Clerk to call the bills and resolutions on the Private Cal the ranking member on the Republican side. endar. The Clerk will call the first omnibus bill on the The SPEAKER. Is there objection to the request of the Private Calendar. gentleman from New York? RELIEF OF SUNDRY ALIENS Mr. JENKINS of Ohio. Mr. Speaker, I reserve the right to The Clerk called the first omnibus bill Alabama [Mr. HoBBS]. . these thousands who are similarly situated as these people. Mr. HOBBS. Mr. Speaker, I desired this moment merely Let us establish a national policy. Let us say to all of them to say that, in the opinion of many Members of the House, that if they can show that they are worthy and loyal Ameri there is no finer service being rendered in this body than cans and have been here some time and have children, and that performed by the members of the calendar committee, so forth, that we will give them some protection against de frequently, but erroneously, caUed the objectors' committee. portation. We should not pass 15 special laws applicable Their task is thankless though vital. Never has there been only to 15 special individuals when there are 15,000 more an instance, so many of us think, in which their able and worthy who should be cared for. Let us take this up when patriotic service bas been better done than in that of the the Dies bill comes up, when the Starnes bill comes up, and bill now pending! [Applause.] decide what we are going to do with all these people. Mr. TAYLOR of Tennessee. Mr. Speaker, I yield the You are not going to have a chance to vote on this bill remainder of my time to the gentleman from nlinois [Mr. immediately after the close of this debate. Each separate MASON]. bill, each separate title will be read and will be discussed. Mr. MASON. Mr. Speaker, as a member of the Immigra If I you want to vote for an individual bill, do so; but am tion and Naturalization Committee, I have listened to the afraid that you will be sorry for your action for the reason testimony in connection with all the cases included in this that you are establisbiD.g a precedent for one man when bill. I think I make a safe and sane statement when I say there will be thousands more deserving who will be for that the worst that can be said about any of these cases is gotten, while thousands less deserving than these will .be that he or she may have been the willing victims of a fraud clamoring for special consideration. Those of you from dis ulent racket in the issuance of fraudulent visas under the tricts with large alien population will rue the day you name and guise of an agent of the America-n Government. started this thing. Today some of you are voting for this I think it is safe to make that statement. bill because one of these individuals may be from your State or district. You are afraid to vote against it. But I feel There are extenuating circumstances in connection with In sorry for you, for it will not be a month until you will be each of these cases. some cases there are more extenu asked to pass hundreds of similar bills, but which do not ating circumstances than in others, but in each case the have the merit these do. circumstances warrant that justice be tempered with mercy Mr. SCHULTE. Mr. Speaker, will the gentleman yield? in the consideration of the individual cases. In every one of the cases the people have been here long enough to have Mr. JENKINS of Ohio. Yes; I shall be glad to yield. been rooted into our American soil and into our American Mr. SCHULTE. The gentleman just stated that these customs in a business and family way. It would be a great people would not be deported. Does the gentleman make hardship to deport them and every single one of them is that statement authoritatively? subject to deporta·tion. 'Ibat is the thing we must con Mr. JENKINS of Ohio. I answer the gentleman's ques sider in acting upon these individual cases. tion by asking him why have they not been deported up to Mr. Speaker, in not one of these cases has there been the present time? subversive activities or communistic preaching. Therefore, Mr. SCHULTE. They di~ not know that they were here that bugaboo cannot be brought up against any of the 15 illegally until they applied !or citizenship papers. cases involved in this particular bill. There is no one more Mr. JENKINS of Ohio. 1'iThat is difficult to believe, for each of these individuals knew full well that be was practic anxious to pass a law to deport every one of these com ing fraud when he arranged entry. There are thousands in munistic agitators than I am, but not one of the people included in this bill can be considered in that category. this country illegally, and they know they are here illegally. Why do they want citizenship? They want it for just the I conclude by pleading that justice be tempered with same reason Rosa or Rosetha Schwimmer wanted it, and mercy in the consideration of each of these cases. I feel when she failed to get it she took her case to the Supreme that no Member of Congress in acting upon these cases Court demanding that the Supreme Court of the United should be biased because he ma.y not like or approve of any States give her citizenship. The Supreme Court decided member of the committee. against her most emphatically. [Applause.] [Here the gavel felll 4726 MAy_ 18 Mr. DICKSTEIN. Mr. Speaker, I yield 3 minutes to the Following this instruction of the very men who are op gentleman from Maryland [Mr. PALMISANO]. posed to this bill we have taken the trouble to sit at night Mr. PALMISANO. Mr. Speaker, it is admitted that the and listen to a lot of these victims of circumstances. After men and women involved in this bill are here illegally, but considering 100 bills we have decided favorably with refer they came here through the coopet.ation of a Government ence to about 40 bills and reported them. agency, you might say. It is true they are here illegally, but This is not permanent law. This is not an amendment if the Federal Government had done its duty these men and to the immigration law. The moment relief is granted that women would not be here. The object and purpose of this law is gone. It is dead. It has nothing to do with quotas, bill is not so much to protect the individual as it is to protect it has nothing to do with people who are immoral. Mr. American women who have become the victims of these indi Speaker, these people are mandatorily deportable by a rul viduals and the Government itself, because without the ing of the Attorney General. I disagree with my good acquiescence of the Government these American women, who friend the gentleman from Ohio ~ [Mr. JENKINS] in his state were born here, and the children these women have borne, ment that they cannot be deported. I say they must be would not be in the predicament they are today. If this .deported under a ruling of the Attorney General. Inci Government sees fit to send these people back and make these dentally, these are not all people of my faith. They are children fatherless, their women will be left as grass widows, both Christians and Jews, who have been swindled by a so to speak. group of racketeers, and they did not know they were in Mr. Speaker, this bill is not so much in the interest of the this country illegally. The verdict is up to you. individuals. It is to protect and help these American women Mr. Speaker, I yield 2 minutes to the gentleman from raise their children. These American women and children Wisconsin [Mr. Bon.EAU]. are the victims of the Government's neglect. This bill will Mr. BOILEAU. Mr. Speaker, I want to refer to the state help them raise their children to become good law-abiding ment of the distinguished gentleman from Ohio [Mr. JEN American citizens. · KINs], who stated a few minutes ago these people would When we consider this bill we should not consider the not be deported, that they had been here a long time, and individuals who are here illegally and who are law-abiding in therefore there was no likelihood of their being deported at every respect, because the record shows that none of them this time. have been convicted of violating the law. I say it will help May I recite an instance which has come to my attention the American mother and help these poor children obtain in the last couple of weeks regarding a man who now lives ptoper training under the guidance of a father who has in the city of New York, not in my district. This man came proved since he has been here that he is law-abiding fu every over to this country as a young man, along about 1910 or respect. 1912, and came here legally. While a young man he com [Here the gavel fell.l mitted some crime, not a very serious one, although it was Mr. DICKSTEIN. Mr. Speaker, I yield 2 minutes to the serious enough that he was incarcerated for a short period gentleman from Massachusetts [Mr. CASEY]. of time. During the war he went overseas and enlisted in Mr. CASEY of Massachusetts. Mr. Speaker, when I came the Italian Army, I think it was, where he served with dis into the House today I knew nothing about these cases. I tinction. He was permitted to reenter this country after the have no interest whatsoever in any of the individuals in war, and upon reentry stated he had not been convicted of a volved. However, I think the debate has progressed to a crime . . The record, of course, showed the contrary, because sufficient extent that I may make a few observations. · he had been convicted of a crime. . It seems to me that a great deal depends upon the view This man has lived here quite a long while, is married, and I point with which we approach these bills. You can ap has six children. Now, although the crime was committed proach them technically as a prosecutor or you can ap many years ago in this country,.he is subject to deportation. proach them with an attitude of sympathetic tolerance. His case is not covered in this bill. I merely mention it The opposition says that when an American citizen violates to show there are many such instances, and I believe these the law by committing a fraud he is sent to jail; so why cases are of that nature, concerning men who are married show sympathy for these people who are not American and have little children, children who are dependent upon citizens? There is a distinction. The American citizen who them for their support. The men in these instances do not commits a fraud commits an act by which he deprives· some even have a criminal record. They carne in illegally, it is body else of something to the enrichment of himself. In true, but they are now good, respectable residents-not citi the pending cases the wrong that these people are accused zens but residents. They have their family ties, little chil of is not a wrong by which they unjustly enriched them dren who are dependent upon them. Although in strict selves. They possessed ambition, they wished to come to justice they should, perhaps, be deported, yet if we are to this country, they were filled with the same emotions that temper justice with mercy, if we are to demonstrate a little filled every one of our ancestors when they left the old human kindness in the treatment of ~ these poor little chil country to come over here, and in order to fulfill that under dren, if not of their parents, certainly we in this great coun standable ambition they have become willing victims of try of ours, which has throughout the generations been the crooked officials to the extent of paying them money for refuge of people who are in need of assistance, can give aid fraudulent visas. to these people who are in need, and can show mercy on Mr. Speaker, I can find it in my heart to forgive that act, the part of this great Government, which will enable them but I cannot find it in my heart to vote against this bill to support their families, the wives and children who are whereby these people may be sent back after all these years; American citizens. Certainly, we should show some mercy deprived of the companionship of those whom they love and in these cases. [Applause.] left to the tender mercies of a cruel, intolerant, and bigoted [Here the gavel fell.J authority. The SPEAKER. The Clerk will read the bill by title. [Here the gavel fell.] The Clerk read as follows: Mr. DICKSTEIN. Mr. Speaker, I yield myself 5 minutes. Title I-(H. R. 2556. For the relief of Joseph Herschmann) Mr. DICKSTEIN. Mr. Speaker, I have no quarrel with That in the administration o! the immigration and naturalization laws the Secretary of Labor is hereby authorized and di anybody in connection with this matter, and I am not per rected to cancel the warrant of arrest and the order of deporta sonally interested one way or the other as far as any of tion against Joseph Herschmann heretofore issued on the grounds these individuals are concerned. In the last few years it that on September 8, 1924, admission to the United States had has been stated by quite a number of organizations that been fraudulently gained pursuant to the commission of a pass port or visa offense which subsequent to such admission has the Congress should act on each individual bill. They want heretofore been held by the Attorney General of the United the Congress to take the prerogative in passing on these States to be within the purview of "crimes involving moral turpi hardship cases. They will not permit the Secretary of tude", and thereupon Joseph Herschmann shall . hereajter _ be deemed to have been lawfully admitted to the United States for Labor to pass upon any particular group of case.c; involvJ.ng permanent residence at Boston, Mass., on September 8, 1924. Any moral turpitude. .d:~~tton ~ inte~tio~ ~~ become a citizen or any petition for 1937 CONGRESSIONAL RECORD-HOUSE 4727 citizenship heretofore filed by or any admission to citizenship of these aliens. The bill itself states very clearly that it is to ordered and certificate of naturalization heretofore issued to Joseph Herschmann, which were predicated upon the claim of cancel the warrant of arrest and the order of depmtation lawful admission to the United States for permanent residence against Joseph Herschmann. So there is a warrant of arrest on September 8, 1924, shall hereafter be deemed valid unless the and an order of deportation. original 7-year period of validity of such declaration of intention This gentleman came here in 1924, 12 years ago, and please has heretofore expired or Joseph Herschmann has heretofore ~een found otherwise not eligible to such benefit under the naturallza remember that the records are clear. There is nothing t ion laws. against this man's record in any way. He has never been Mr. BARDEN. Mr. Speaker, I offer an amendment. accused of any crime or charged with the commission of any The Clerk read as follows: crime whatever. He came here in 1924 and he received his visa in his own country in Warsaw, Poland. He went to the Amendment offered by Mr. BARDEN: Beginning on page 1, strike out all of title I. American consulate in Warsaw. He was in line, the same as all the other immigrants, and a man came up to him and said, Mr. BARDEN. Mr. Speaker, I would not have the Mem "You are a young fellow; we can have you step out of line, bers of the House believe I possess a heart of stone. I and for a few dollars we can facilitate this for you." He took would not have the Members of the Hous~ believe I would do this young man into an office in the American consulate. He anyone an unkindness. The stateiJent ~been made that took his record and told him to come back within 2 weeks and we should temper justice with mercy, which is all right; he would have his papers ready for him. His papers were all but, on the other hand, I do not believe in unmercifully in order except the visa, which was forged. He came into tampering with justice. this country, married in this country, has a child, has a good In order that we may keep the record straight, let us look garage buSiness, employing people, and it would be a hardship at the facts in this case. Title I concerns a man named to divide or separate this family. Joseph Herschmann. I have offered an amendment to This is one of the hardship cases you have been hearing so strike this section. This man admittedly came to this coun much about. We will admit that, perhaps, the wife was born try for the purpose of dodging military service in his native in Poland, and he was born in Poland, but this little child is land. He paid $150, which did not include any boat ticket. an American citizen just the same as you and I and every one With reference to separating the wife and the little chil of us, and we have got to consider what is going to happen to dren from the alien, to which the gentleman from Wisconsin this wife, who is legally in this country. Remember that she [Mr. BoiLEAU] has referred, I may say that this man, after is in no way concerned about being deported. You could not arriving in this country, married a native of Poland, the deport her to Poland if you wanted to, and it is the wife and same country from which he came. child we are concerned about, and there is absolutely nothing Mr. STARNES. Mr. Speaker, will the gentleman yield? against this man except the one fact that he was duped and Mr. BARDEN. Yes; I yield to the gentleman from Ala swindled in the American consulate office in Warsaw and paid bama. this money at that time, and we all know that when you go Mr. STARNES. The father of this man is dead, and his into any of these places and you want to receive a favor or mother does not live in the United States. have things expedited, you pay a few dollars. Mr. BARDEN. The mother of the wife is in Poland, and Mr. MASON. Mr. Speaker, will the gentleman yield? her four sisters live in Poland. She is not a citizen of this Mr. BLOOM. I yield to the gentleman from Dlinois. country, but stated under oath at the time of the examina Mr. MASON. Is it not true that in the testimony concern tion that she proposed, since this situation had arisen, to ing this case and other cases it is shown that they came here take out citizenship papers in this country. to avoid military servic-e, because the military service that Mr. Speaker, I cannot shed crocodile tears over this situ would have been imposed upon them would have been of the ation. type that no man would want, and that they were willing to Both of them are natives of Poland. Their blood relations assume military service in this country, on their own testi live over there. The wife's mother and four sisters live mony? over there and she is not a citizen of this country and neither is he. He is here wrongfully and she could cer Mr. BLOOM. I thank the gentleman for his observation. tainly return without any great inconvenience. I think he Mr. Speaker, when a man goes into an American consular has, maybe, an uncle here. office abroad and is told in his own country by someone in So I simply wanted to clear the record on this particular that building that by doing so-and-so he can get a passport, case. I do not believe he should be deported if he follows such Mr. KENNEY. Mr. Speaker, will the gentleman yield? advice. Mr. BARDEN. I yield. [Here the gavel fell.] Mr. KENNEY. What business is this man in now? Mr. STARNES. Ml·. Speaker-- Mr. BARDEN. I think he states he is interested in a The SPEAKER. For what purpose does the gentleman garage business. I believe he has been here about 10 years. from Alabama rise? He came here with $30, I believe, and now claims to have Mr. STARNES. To offer a preferential motion, Mr. about $12,000 in property. Speaker. Mr. KENNEY. What about the children? The SPEAKER. The Clerk will report the preferential Mr. BARDEN. I think they have one child. motion of the gentleman from Alabama. Mr. KENNEY. How old? The Clerk read as follows:

Mr. BARDEN. Five years old, I believe, when the hear- Mr. STARNES moves to strike out the enacting clause. ing was held and, probably, 6 or 7 years old now. [Here the gavel fell.] Mr. O'CONNOR of New York. The enacting clause of the Mr. DICKSTEIN, Mr. BLOOM, and Mr. DIES rose. omnibus bill? Mr. DIES. Mr. Speaker, I rise in opposition to the Mr. STARNES. Yes. amendment. Mr. O'CONNOR of New York. Mr. Speaker, I make the The SPEAKER. Does the chairman of the committee, the point of order against the motion. gentleman from New York [Mr. DICKSTEIN] desire recog The SPEAKER. The gentleman from New York will nition? state his point of order. Mr. DICKSTEIN. Mr. Speaker, I would like to have the Mr. O'CONNOR of New York. Mr. Speaker, under the time, but I yield to the gentleman from New York, [Mr. Private Calendar rule, the only motion in order during the BLOOM]. consideration of an omnibus bill is a motion, as each bill is The SPEAKER. The gentleman from New York is recog called, either to strike out the paragraph or to reduce the nized for 5 minutes in opposition to the amendment. amount or to add limitations. Mr. BLOOM. Mr. Speaker, first, I would like to clear up_ May I say further, Mr. Speaker, that in considering this the statement made with reference to the deportation of any rule providing for consideration of the Private Calendar, 4728 CONGRESSIONAL RECORD-HOUSE MAY 18 either the individual bills or the omnibus bills, it was de bill, in this case, kills 15 bills at one time, and all I can say liberately provided that there would be a limitation on mo and I am not discussing the merits of any particular bill tions. It was discussed in the committee that such bills is that I do not think the motion to strike out the enacting would not be handled as other bills, with a motion to strike clause should continue as it has been used in this House. I out the enacting clause, which would go to the entire omni say it never was intended that any motion in any amend bus bill, which in this instance includes 15 individual bills. ment outside of the three prescribed in the rule would ever Such a motion does not come within the intent of the rule be in order in the consideration of an omnibus bill. with respect to the handling of omnibus bills, because if you The SPEAKER. The Chair is prepared to rule. The strike out the enacting clause of the omnibus bill, by one gentleman from Alabama has offered a motion to strike out stroke you defeat the consiq.eration of 15 individual bills, and the enacting clause of the entire bill. The gentleman from it was intended that each of the 15 bills would be con New York [Mr. O'CoNNoR] makes the point of order that the sidered in the House as in Committee of the Whole, and motion of the gentleman from Alabama is not in order under that only those three motions mentioned would lie, and the terms of the rule providing for :Jt;he consideration of only ~gainst the individual paragraphs. omnibus private. b).lls., pn~ this day. Th~t rule is as follows: r There is no questiou in the mind of _myself, who has On the third TueSday of. each month, after the disposal of such sometimes been called the author of the ,rule for the con business on the Speaker's table as requ\l'es reference only, the sideration of the Private Calendar, which was brought out Speaker may direct the Clerk to call the pills and resolutions on from the Rules Committee, as to the intent with.., reference the Private Calendar, preference to be given to omnibus bills containing bills or resolutt{)ns which have previously been objected to this rule. to on a call of the Private Calendar. All bills and resolutions on Mr. RANKIN. Mr. Speaker, the gentleman's point of order the Private Calendar so called, if considered, shall be considered tn is not well taken. The Rules Committee would have no power the House as in the Committee of the Whole. Should objection be made by two or more Members to the consideration of any bill to gag the House, as was indicated by the chairman of the or resolution other than an omnibus bill, it shall be recommitted Committee on Rules. That is one of the inherent rights of to the committee which reported the bill or resolution, and no the House under the rules that cannot be changed in any way, reservation of objection shall be entertained by the Speaker. and even if it could, the rule that was adopted here is not Omnibus bills shall be read for amendment by paragraph, and no amendment shall be in order except to strike out or to reduce specific enough to take from the House that privilege which amounts of money stated or to provide limitations. Any item or it has always enjoyed since the organization of the Govern matter stricken from an omnibus bill shall not thereafter during ment. I submit the point of order is not well taken. Let me tho same session of Congress be included in any omnibus blll. Upon passage of any such omnibus bill, said bUI shall be re read from the rules this clause 6 of rule XXIV: solved into the several bills and resolutions of which it is com Omnibus bills shall be read for amendment by paragraph, and no posed, and such original bills and resolutions, with any amend amendment shall be in order except to strike out or to reduce ments adopted by the House, shall be engrossed, where necessary, amounts of money stated, or to provide limitations. Any item or and proceedings thereon had as if said bills and resolutions had matter stricken from an omnibus blll shall not thereafter during been passed in the House severally. the same session of Congress be included 1n any omnibus bUI. In the consideration of any omnibus bill the proceedings as set forth above shall have the same force and effect as if each Senate But this is not an amendment. This is not a change in the and House bill or resolution therein contained or referred to were bill. This is a motion that the House has indulged in from considered by the House as a separate and distinct bill or resolution. the beginning of the Government, and even prior to that, in The gentleman from New York calls particular attention the British Parliament the same practice was followed, and it of the Chair to that provision of the rule in the following was permitted to move to strike out the enacting clause, language: which is paramount to killing the bill. Omnibus bills shall be read for amendment by paragraph, and I submit that this is the worst class of legislation I ever no amendment shall be in order except to strike out or to reduce saw-this omnibus rule; and let us suppose for a moment amounts of money stated or to provide limitations. Any item or they brought in one here with 150 names on it or a thousand, matter stricken from an omnibus bUI shall not thereafter durin" and you will have that many, if you let them keep on, of the same session be included 1n any omnibus bill. people who are in this country in violation of law who want The rule which the Chair has just read imposes restric to stay here. It would absorb the time of the House for a tions only on the kind of amendments that may be offered week or a month to go through with them and discuss them during the consideration of an omnibus bill. 'Ib.e Chair and get through with them, as would be necessary, and that has been unable to find any provision in the rule which is to say that the Rules Committee could impliedly take from would prohibit the offering of any other motion provided the House the right to cut off debate and cease consideration in the general rules of the House. Certainly the Private of a bill by a motion to strike out the enacting clause. I sub Calendar rule does not by specific language deprive a Mem mit that would be such a far-reaching implication that it ber of the right to offer a motion to strike out the enacting would not come within the purview of parliamentary pro clause as provided in ·clause 7, rule XXIII. cedure. This is not the first time this particular question has been Mr. O'CONNOR of New York. Mr. Speaker, I desire to be raised. On March 17, 1936, the late Speaker Byrns ren heard further on this point of order, as I think it is very dered a decision bearing directly on the proposition now important. pending. At that time he held: The SPEAKER. The Chair will be glad to hear the gen A motion to strike out the enacting clause 1s in order durtng tleman from New York. the consideration of omnibus private bills and is debatable under the 5-minute rule. A motion to stl"ike out the last word is not Mr. O'CONNOR of New York. Mr. Speaker, the Rules in order during the consideration of omnibus private bills. Committee cannot do anything by itself. Anytime it brings in a rule it is within the province of the House to adopt or Mr. Speaker Byrns, in interpreting this section of the reject it. The House adopted this rule. The gentleman rule, made this statement: from Mississippi said that we did not provide in respect tO In further answer to the gentleman from Iowa [Mr. BIERMANN], with reference to the motion to strike out the enacting clause, striking out the enacting clause because we could not. That the Chair reads . to the House a portion qf paragraph 7 of rule is not correct. One of the foremost questions in this House XXIII. for years has been whether or not we "shall do something And this is the portion of the rule Mr. Speaker Byrns to either stop or control the motion to strike out the enact read: ing clause. It has been greatly abused. It is :1ot used in A motion to strike out the enacting words of a bill shall have any real sense. The gentleman making the motion is never precedence of a motion to amend; and if carried, shall be equiva concerned with the enacting clause itself. The motion is a lent to its rejection. short cut to ·killing a bill "rather than letting the House The Chair thinks it clearly in order on these bills to strike vote the bill up or down. This matter was discussed and out the enacting clause. considered. The House could amend the rules as to the Based upon that direct decision upon the question and motion to strike out the enacting clause, and, in my opinion, the reasons heretofore stated. the Chail; feels impelled to it should. To strike out the enacting clause of an omnibus overrule the ..POint of order. 1937 CONGRESSIONAL RECORD-HOUSE 4729 The gentleman from Alabama is recognized for 5 minutes. ' There were about 150 of this kind of visas issued, and no Mr. STARNES. Mr. Speaker, after listening to the in- more. formative debate on this omnibus bill today I think the Mr. PHILLIPS. Mr. Speaker, will the gentleman yield? House has already made up its mind upon this question. I Mr. DICKSTEIN. In a moment I will yield. think the Members of this House know now how they are These are 15 bills out of a batch of 85 or 90 which the going to vote upon this bill. committee saw fit to report favorably. They are the 15 bills I think this has been an illuminating discussion. You contained jn this omnibus bill. have before you today the better order or the higher type or There is no place to send these people. There is no place the best foot forward of the so-called hardship cases which where we can put them. There is no place where we can we have been asked during the past 3 years to permit the send American children. They have no country. They are Secretary of Labor to use her own discretion as to whether people without a country. Now, all this talk that this or not she shall deport them. I am glad we have had an country will go to ruin if we allow these 15 heads of families opportunity to have these cases brought into the open light to stay here is preposterous. That is practically what you of day and frankly a'ftd freely discussed on the floor of this are going to do. You .are going to allow 15 heads of families House, as they should be. I do not think the chairman who have committed no crime at all to remain here. I do or his committee should be criticized. They are rendering not approve of what they did, but at the same time they this country a servi4e in a large c,iegree when they bring have been here almost 18 or 20 years. these cases here and give you an oppprtunity to have the Mr. PHU.LIPS. Mr. Speaker, will the gentleman yield? facts brought out a.S to each individual case, and not be Mr. DICKSTEIN. For a brief question. passed upon in a silent star-chamber proceeding down in Mr. PHILLIPS. It seems to me, addressing myself to the the Department of Labor, hidden from the light of day and gentleman speaking, that there are . three factors in this away from the power of the Congress which makes the im- matter that we must consider in deciding whether we be migration policies of this country. lieve in letting people in who have perpetrated fraud or Every single case involved here is based upon ·fraud and whether we do not. These factors are: First, the factor bribery. Not one crime, but two crimes. Knowing the dis- that these people are here temporarily stayed from deporta tinguished gentleman from New York [Mr. BLooM] as I do, tion, for unless we relieve the situation they will be sent and knowing his people as I do, I know they would not sep- abroad. Factor 2, if they are sent abroad, they may be arate themselves from $150 or $500 without knowing what subject to torture, to jail for life,· or be murdered. Lastly, they were purchasing. [Laughter.] There is not any case why should we- of "innocents abroad" in this particular respect. Those Mr. DICKSTEIN. Mr. Speaker, I do not yield for a people knew they were participating in a fraudulent trans- speech. I decline to yield further. action and they knew they were paying money to obtain a The SPEAKER. The gentleman declines to yield further. visa and passport to America in violation of the law. Mr. DICKSTEIN. Mr. Speaker, as I said a moment ago, Mr. RANKIN. Mr. Speaker, will the gentleman yield? out of the 80 or 90 cases we investigated, we reported but 15. · Mr. STARNES. I yield. We found only 70 cases that justified the committee in giv- Mr. RANKIN. That racket has been going on ever since ing them definite consideration. All of these people come we passed the inim.igration law in 1924. Wb.en we passed from communities which have given them the highest testi the census bill we attempted to have a census taken of the · monials as to their character, the fact that they go to ones who were in the country unlawfully, and we were church, that they have raised their families and provided defeated on that measure then, and the very ones who are for their dependents. opposing restriction of immigration or opposing deportation Mr. DIES. Mr. Speaker, will the gentleman yield? fought us on that matter. Mr. DICKSTEIN. I yield. Mr. STARNES. The gentleman is correct. Now they Mr. DIES. I understood the gentleman from Alabama to come to us today with these cases cloaked under the gar- say in response to the question by the gentleman from Ohio ment of humanity and they make an impassioned plea to that he would be willing to take care of these hardship you against the separation of these people from their fathers cases provided it were written in the law that they were not and mothers. There is not a single father or mother in- eligible to citizenship. This omnibus bill can be amended, volved in this case, except one, Mr. Limons.ky, who came and I propose to offer an amendment which will permit first and brought his brood over afterward. The father and these people to remain, but will not make them eligible for mother in each of the cases here involved are either dead citizenship. or they reside in their native country. Mr. DICKSTEIN. The only matter I am concerned with Mr. JENKINS of Ohio. Mr. Speaker, will the gentleman right now is to save . these people from execution, to give yield? them some place to live in, for if deported they have no . Mr. STARNES. I yield. place to live; and they are not, all of them, responsible for Mr. JENKINS of Ohio. The gentleman has introduced their presence in this country. several bills in Congress and is an expert on immigration. [Here the gavel fell.l Does he not think he could easily provide in his bill, if it 1 The SPEAKER. The question is on the motion of the does not contain the language now, that we will not deport gentleman from Alabama to strike out the enacting clause of any of these people, but will aJlow them to stay here but the bill (H. R. 5897) for the relief of sundry aliens. deny them citizenship until they can clear up this fraud? The question was taken; and the Speaker being in doubt, Mr. STARNES. Absolutely. The bills which I have in- the.House divided, and there were-ayes 104, noes 95. traduced would take care of hardship cases by granting a Mr. DICKSTEIN. Mr. Speaker. I object to the vote on temporary stay of deportation for a period of 12 mont~ the ground that there is not a quorum present. until the Secretary of Labor could report to the Congress~· to The SPEAKER. The Chair will count. [After counting.] whom she should report for guidance in matters of this Two hundred and fourteen Members are present, not a quo kind. rum. The Doorkeeper will close the doors, the Sergeant at The SPEAKER. The time of the gentleman from Ala- Arms will notify absent Members. and the Clerk will call the bama [Mr. STARNES] has expired. roll. Mr. DICKSTEIN. Mr. Speaker. I rise in opposition to Mr. FITZPATRICK. Mr. Speaker, a parliamentary in· the motion of the gentleman from Alabama. quiry. Mr. Speaker, it would seem to me that the House ought · The SPEAKER. The gentleman will state it. to consider the committee and at least give the benefit of its Mr. FITZPATRICK. Is this vote on the motion to strike opinion on each individual bill. out the enacting clause? As I said a moment ago, I am not particularly interested in The SPEAKER. The pending question is on the motion one bill or another. The fact of the matter is that we know to strike out the enacting clause of the entire bill. how many fraudulent visas were issued in.. the. co~ular , omce •. ·'"· ·:.. Mr. F~A'PUC~. ~hat~ ~e;e~ . ~he . en~e _ J:>ill?. 4730 QO?fG_~_~SS~O~AL ~ECO~D-HOUSE MAY 18 The SPEAKER. If carried it does. Drew, Pa. Hennings Mansfield Sulllvan Driver Jenckes, Ind. Nichols Sumners, Tex. The question was taken; and there were-yeas 137, nays Faddis Kee O'Connell, R. I. Taylor, Colo. 213, not voting 81, as follows: Ferguson Keller Pettengill Teigan Fish Kelly, Dl. Pierce Tinkham [Roll No. 59] Flannagan Kelly, N.Y. Rees, Kans. Vincent, B. M. Frey, Pa. Kerr Rich Wadsworth YEAS-137 Fulmer Kleberg Robsion, Ky. West Aleshire Doxey Lexnbeth Romjue Gasque Kvale Rogers, Okla. White, Idaho : Allen. lll. Drewry, Va. Lamneck Rutherford G11l'ord Lambertson Sadowski White, Ohio Allen, La. Duncan Lewis, Colo. Sanders Gilchrist Lewis, Md. Secrest Withrow Andresen, Minn. Edmiston McFarlane Schneider, Wis. Goodwin Lord Shannon Wolverton Andrews Englebright McGehee Seger Gray, Pa. McClellan Sirovich Wood Arends Fernandez Mc~lan Smith, Maine Green McGranery Smith, Conn. Woodruff Bacon Fletcher McReynolds Smith, Va. Greenwood McGroarty Smith, W.Va. Barden Ford, Miss. McSweeney Sparkman Harrington Maas Snell Boehne Garrett Mahon, 8. C. Spence Hart Maloney Somers, N. Y. Starnes Boykin Gingery Mahon, Tex. So Brewster Gregory Mapes Steagall the motion was rejected. Brown Grifiith Michener Taber The Clerk announced the following pairs: Caldwell Griswold Miller Tarver On this vote: Carlson Guyer Mills Taylor, S. C. Carter Hancock, N.Y. Mitchell, Ill. Taylor, Tenn. Mr. Crowther (for) with Mr. Kvale (against). Case, S. Dak. Hancock, N. c. Mitchell, Tenn. Terry Mr. Woodruff (for) with Mr. Cannon of Wisconsin (against). Chandler Harter Moser, Pa. Thom Mr. Fish (for) with Mr. Withrow (against). Chapman Hartley Murdock, Utah Thomas, N.J. Mr. Lambertson (for) with Mr. Keller (against). Clark, N.C. Hendricks Nelson Thurston Mr. Rees of Kansas (for) with Mr. Sullivan (against). Coffee, Nebr. Hill, Ala. Owen Turner Colden Hill, Okla. Pace Umstead Until further notice: Vinson, Fred M. Cole, N.Y. Hobbs Patman Mr. Mansfield with Mr. Snell. Collins Hoffman Patrick Vinson, Ga. Mr. Taylor of Colorado with. Mr. Gifford. Colmer Hook Pearson Warren Mr. Greenwood With Mr. Wadsworth. Cooley Hope Peterson. Fla. Wearin: Mr. Flannagan with Mr. Dirksen. Cooper Hull Peterson, Ga. Weaver Mr. Driver With Mr. Gilchrist. Cox Jarman Plumley Whelchel Mr. Burch With Mr. Rich. Cravens Jarrett Polk Whittington Mr. Gasque with Mr. Wolverton. Crawford Jenkins, Ohio Randolph Wilcox Mr. Crosser With Mr. Tinkham. Creal Johnson, Okla. Rankin Wil.liam.s Mr. cannon of Missouri with Mr. Ma.as. Culkin Jones Reece, Tenn. WoodrUm Mr. Kelly of Illinois with Mr. Goodwin. Deen Kinzer Reed, N.Y. Zimmerman Mr. Bland with Mr. White of Ohio. · Ditter Kniffin Richards Mr. Maloney with Mr. Robslon of KentuckY. Doughton Knutson Robertson Mr. Fulmer With Mr. Lord. Dowell Kocialkowsk:1 RobinBon, Utah Mr. Bulwtnkle With Mr. Telgan. NAYB-213 Mr. Secrest with Mr. Kee. Mr. Beam with Mr. West. Allen, Del. Douglas Kloeb Peyser Mr. Kerr with Mr. Smith of Connecticut. Allen; Pa. Dunn Kopplemann Pfeifer Mr. Connery with Mr. Champion. Amlie Eaton Kramer Philllps Mr. Pettengill with Mr. O'Connell of Rhode Island. Anderson, Mo. Eberharter Lanham Poage Mr. Lew1s of Maryland with Mr. Boren. Arnold Eckert Lanzetta Powers Mr. Smith of West Virginia with Mr. Buckley of New York. Ashbrook Eicher Larrabee Quinn Mr. Disney with Mr. McGroarty. Atkinson Ellenbogen Lea Ra.baut Mr. Rogers of Oklahoma with Mr. Faddis. Barry Engel Leavy Ramsay Mr. Harrington with Mr. Beverly M. Vincent. Bates Evans Lemke Ra.m.speck Mr. Kelly of New York with Mr. Citron. Beiter Farley Lesinski Rayburn Mr. McClellan with Mr. Sadowski. Bell Fitzgerald Long Reed, m. Mr. Frey of Pennsylva.nia with Mr. Strovich. Bernard Fitzpatrick Lucas ReiDy Mr. Green with Mr. McGranery. Biermann Flannery Luce Rigney Mr. Kleberg with Mr. Drew of Pennsylvanl&. Bigelow Fleger Luckey, Nebr. Rogers, Mass. - Mr. Nichols with Mr. Celler. Binderup Forand Ludlow Ryan Mr. Pierce with Mr. Ferguson. Bloom Ford, Calif. Luecke, Mich. Sabath Mr. Somers of New York with Mr. Wood. Boileau Fries, Ill. McAndrews Sacks Mr. Hart with Mr. Sumners of Texas. Boland,Pa. Fuller McCormack Sauthoff Mr. Gray of Pennsylvani& with Mr. Hennings. Boyer Gambrlli McGrath Schaefer, Ill. Mrs. Jenckes of Indiana with Mr. White of Idaho. Boylan, N.Y. Gavagan McKeough Schuetz Bradley Gearhart McLaughlin Schulte Mr. BOYER, Mr. HAMILTON, and Mr. ANDERSON of Brooks Gehrmann McLean Scott Missouri changed their vote from yea to nay. Buck Gildea Magnuson Scrugham The result of the vote was announced as above recorded. Buckler, Minn. Goldsborough Martin, Colo. Shafer, Mich. Burdick Gmy, Ind. Martin, Mass. Shanley The doors were opened. Byrne Greever Mason Sheppard The SPEAKER. The question recurs on the amendment Cartwright GwYnne Massingale Short · Casey, Mass. Haines Maverick Smith, Wash. offered by the gentleman from North Carolina to strike Church Halleck May Snyder, Pa. out title I. Clark, Idaho Hamilton Mead South Mr. HANCOCK of New York. Mr. Speaker, I offer a sub Clason Harlan Meeks Stack Claypool Havenner Merritt Stefan stitute amendment. Cluett Healey Millard Sutphin The Clerk read as follows: Cochran Higgins Mosler, Ohio Sweeney ·Coffee, Wash. Hildebrandt Mott Swope Amendment offered by Mr. HANcocx of New York as a subst\~ Cole, Md. Hlli, Wash. Mouton Thomas, Tex. tute for the amendment offered by Mr. BARDEN: Page 2, line S, Costello Holmes Murdock, Ariz. Thomason, Tex. ! after the word "deemed", strike out "lawfully"; page 2, line 12, Crosby Honeyman Norton Thompson, m. after the word "deemed", strike out the balance o! the paragraph Crowe Houston O'Brien, Ill. Tobey and insert in lieu thereof "null and void." Cullen Hunter O'Brien, Mich. Tolan cummings Imhoff O'Connell, Mont. Towey The SPEAKER. Does the gentleman offer this as a sub Curley Izac O'Connor, Mont. TransUe stitute for the amendment of the gentleman from North Daly Jacobsen O'Connor, N.Y. Treadway Delaney Jenks, N.H. O'Day Voorhis Carolina? Dempsey Johnson,LutherA. O'Leary Wallgren Mr. HANCOCK of New York. That is right. DeMuth Johnson, Lyndon O'Malley Walter DeRouen Johnson, Minn. O'Neal, Ky. Welch The SPEAKER. The Chair will state to the gentleman Dickstein Johnson, W.Va. O'Neill, N.J. Wene that it might properly be considered as a perfecting amend Dies Kennedy. Md. O'Toole Wigglesworth ment, but not as a substitute. '11le gentleman may offer it Dingell Kennedy, N.Y. Oliver Wolcott •Dixon Kenney Palmisano Wolfenden as an amendment to the text. Dockweller Keogh Parsons Mr. HANCOCK of New York. Mr. Speaker, I o1Ier it as Dondero Kirwan Patterson Kitchens Patton an amendment to the text. Dorsey The Clerk read as follows: NOT VOTING-81. Bulwinkle Celler Crosser Amendment offered. by Mr. HANCOCK of New York: On page 2, ·Beam line 3, after the word "deemed", to strike out the word lawfully''; Bland Burch Chal:npion 1 Crowther Boren Cannon, Mo. Citron i.' :'l\ Dirksen. on page 2, line 12, after the word "deemed", strike out the bal- I Buckley, N.Y. Cannon, Wis. -~ _~~eey _/' \ ~- _! ·_ 1 ~~-yf ~~ - ~- ~ ~-- ~-· lleu _ ~ereof "null and void." 1937 :coNGRESSIONAL RECORD-HOUSE 4731 Mr. HANCOCK of New York. Mr. Speaker, this item and Mr. DICKSTEIN. I have no objection to the amend all these titles are designed for two purposes. The first is ment. to cancel an order of deportation that has already been is [Here the gavel fell.] sued and declare that the alien in question has been law Mr. BARDEN. Mr. Speaker, I rise in opposition to the fully admitted for permanent residence. I do not propose amendmint offered by the gentleman from New York [Mr. by my amendment to disturb that part of the bill except HANCOCK]. to strike out the word "lawfully" so that the purport of the Mr. Speaker, I think it would be a good idea to have a bill will be that this alien shall hereafter be deemed to have clear-cut issue on this proposition. By agreeing to the gen been admitted to the United States for permanent residence, tleman's amendment we simply bite off a little, shut our but not lawfully. It is ridiculous to pass a law declaring eyes and try to swallow the rest. We might just as well an alien's entry into the United States to be lawful when meet this issue squarely and consider the individual case everyone concedes the opposite to be true. here of Joseph Herschmann. There is an amendment pend The second object to be accomplished by this bill is to de ing to strike out the section, which applies to the individual clare the alien eligible for citizenship, and if he has become I mentioned a few minutes ago. This means taking his case a citizen, to declare that citizenship valid. and voting on it. . Mr. McCORMACK. Will the gentleman yield? Under the amendment offered by the gentleman from New Mr. HANCOCK of New York. I yield to the gentleman York [Mr. HANCOCK] we do not vote on the individual case. from Massachusetts. We do not establish any principle or precedent. We just Mr. McCORMACK. In order to find out just exactly simply say he may stay here, but he is not an American what the gentleman's amendment will do if agreed to, does citizen. it mean that the party involved will be permitted to stay here Mr. Speaker, if he is not an American citizen, is he but not become a citizen? responsible to this Government in case of an emergency as Mr. HANCOCK of New York. Yes. is any other American citizen? I think we should keep this Mr. McCORMACK. He will be in the same status as country intact for American citizens. We should not allow those who came here prior to the going into effect of the one to remain in the country if he is not worthy of becoming 1924 immigration law and after June 1921? an American citizen. If he is not worthy of becoming an Mr. HANCOCK of New York. That is my purpose, and I American citizen then he should not be worthy of remaining hope it may be accomplished by this language. I have pre in this country. Therefore, we are splitting the issue. pared the amendment rather hastily. Mr. McCORMACK. Will the gentleman yield? The second part of that bill would read as follows if my Mr. BARDEN. I yield to the gentleman from Massa amendment is adopted: chusetts. Any declaration of intention to become a citizen or any petition Mr. McCORMACK. May I call to the gentleman's atten for citizenship heretofore filed by or any admission to citizenship tion the fact that we have that identical situation now. Any ordered and certificate of naturalization heretofore issued to Joseph person who came in here prior to June 1924, and who was Herschmann which were predicated upon the claim of lawful ad mission to the United States for permanent residence on September here for 5 years prior thereto cannot be deported. If they 8, 1924, shall hereafter be deemed nUll and void. came here between June 1921 and September 1924, they are Mr. DIES. Will the gentleman yield? in the same status this particular party would be if the Mr. HANCOCK of New York. I yield to the gentleman amendment of the gentleman from New York is agreed to. from Texas. Mr. BARDEN. Ce1-tainly the gentleman from Massachu Mr. DIES. I may say to the gentleman I have an amend setts· would not advocate encouraging an increase of that ment on the Speaker's desk that I believe is clearer than the number? gentleman's amendment. It strikes out all after the figures Mr. McCORMACK. In cases of this kind I would have no "1924", on page 2, and says: hesitancy where humanity is involved in giving considera tion to the equities of each individual case. Provided, That Joseph Herschmann shall not be eligible to citi zenship. Mr. BARDEN. That is what I am appealing to the House to do; that is, to consider each individual case. It seems to me the specific declaration is clearer. Mr. McCORMACK. We are allowing this man to remain Mr. HANCOCK of New York. Herschmann or any of these here, but by the amendment he is not entitled to become other aliens may some day go to Canada or another country a citizen, which is putting him in the same class as those and reenter legally. If they do, I have no obj~ction to their who came in subsequent to June 1921, but prior to Septem becoming citizens. They should not become citizens on a ber 1924. fraudulent entry, however. We know Herschmann's was a Mr. BARDEN. May I correct the gentleman? That is the fraudulent entry and we should not put our official sanction very thing I am opposed to. The gentleman is adopting the on that sort of business. That would be inviting the whole argument of the gentleman from New York. world to sneak in here somehow or other, have children at Mr. McCORMACK. I am with the gentleman from New the earliest possible moment, thereby qualifying as "hardship York. cases", avoid deportation, and become eligible for citizenship. Mr. BARDEN. I understand that, but the gentleman Mr. DIES. I believe the gentleman is correct about that, quotes me. and I hope the membership will accept his amendment. Mr. McCORMACK. I think the gentleman misunder Mr. HANCOCK of New York. If the amendment is stands me. agreed to, I am quite sure the bill will receive support from Mr. BARDEN. All right. Let me proceed with the dis a great many Members who are at present opposed to it. cussion of this individual case. There is fraud involved I think it is our duty to protect the sanctity, honor, and nobody can deny that. There is no serious trouble -about the dignity of American citizenship. family situation. His wife's mother and four sisters live in Mr. DICKSTEIN. Will the gentleman yield? Poland. His wife is not a native; neither is she a citizen of Mr. HANCOCK of New York. I yield to the gentleman this country. He is not a native or a citizen of this country. from New York. He is here wrongfully. Let us send him back where he came Mr. DICKSTEIN. Does the gentleman propose to offer a from. We have enough good American citizens in this similar amendment to all the other bills or paragraphs? country to take care of. With our relief rolls increasing, Mr. HANCOCK of New York. To the first 14 bills; yes. with the burden of unfortunates increasing all the time, I Mr. DICKSTEIN. I do not think the committee has any do not see how we can condone or approve illegal entry into objection at all as long as we can leave the family tieE this country by foreigners who employ fraudulent methods together. in order to get in. Mr. HANCOCK of New York. I wish to accomplish that Mr. SCHULTE. Mr. Speaker. if the gentleman will yield purpose, too. for a quest.ion, none of these cases is on the relief rolls? 4732 CONGRESSIONAL ~ECORD-HOUSE MAY 18 Mr. BARDEN. I did not say they were on the relief rolls. This woman retained the name of Rabel Funk. She sought But we do have a great number on our relief rolls, unfortu naturalization under this name. Subsequently her true name nately, and some who are situated similarly to the ones in was revealed. This woman is now married to a citizen of volved in these cases. this country. They have no children. I have heard from The SPEAKER. The question is on the amendment of the husband in behalf of his wife and have sympathy for the gentleman from New York [Mr. HANcoCK]. his feelings in this matter insofar as her deportation is The question was taken; and on a division (demanded by concerned. Mr. DicKSTEIN) there were-ayes 117, noes 81. In order that there may be no question about the record, So the amendment was agreed to. let me read from the report of the Department of Labor: Mr. BARDEN. Mr. Speaker, I demand the yeas and nays. This alien testified she was born 1n Lithuania, and that on The yeas and nays were refused. account of quota restrictions in that country she went to Germany Mr. RANKIN. Mr. Speaker, I object to the vote on the and secured a fraudulent birth certificate, with which she obtained ground a quorum is not present, and make- the point of the immigration visa she presented at the time of her last entry. order a quorum is not present. In her testimony before the comm;lsioner at Ellis Island, . The SPEAKER. The gentleman from Mississippi makes this question was asked. her: the point of order there is not a quorum present. The Chair What is your full and correct name? will count. [After counting.] Two hundred and fifty-four This is the answer she made: Members are present, ·a quorum. Rachel Radin, nee Winklestein or Vinkelstein. The question now recurs on the amendment of the gen Q. Have you ever used or been known by any other names? tleman from North Carolina [Mr. BARDEN] to strike out the A. In the United States I am known as Ruth Radin, and I as title. sumed the name of Rachel Funk in order to secure a birth The question was taken; and on a division (demanded by certificate and come to the United States. Mr. BARDEN) there were---ayes 101, noes 143. Mr. Speaker, I submit that under the testimony of the So the amendment was rejected. alien herself she knew, at least, of the fraudulent character The SPEAKER. The Clerk will report the next title. of the birth certificate on the basis of which her entry into Title II-(H. R. 2557. For the relief of Ruth Radin) this country was obtained. That in the administration of the immigration and naturaliza She undoubtedly signed an application which recited that tion laws the Secretary of Labor is hereby authorized and directed Ortelsberg, Germany, rather than Lithuania, was the place to cancel the warrant of arrest and the order of deportation of her birth, and, incidentally, certainly she knew where she against Ruth Radin heretofore issued on the grounds that on was born. May 3, 1927, admission to the .United States had been fraudulently gained pursuant to the commission of a passport or visa offense The ultimate question, of course, is whether or not the which, subsequent to such admission, has heretofore been held by order of deportation shall be stayed. the Attorney General of the United States to be within the pur This question was also asked her: view of "crimes involving moral turpitude" and thereupon Ruth Radin shall hereafter be deemed to have been lawfully admitted Was it because of the quota restrictions in Lithuania that you to the United States for permanent residence at New York, N. Y., secured a German birth certificate? on May 3, 1927. Any declaration of intention to become a citizen A. Yes; I wanted to come to the United States, and that was the or any petition for citizenship heretofore filed by or any admis means by which I entered it. sion to citizenship ordered and certificate of naturalization here Now, Mr. Speaker, these are the facts in this case. If this tofore issued to Ruth Radin, which were predicated upon the claim of lawful admission to the United States for permanent residence House feels that leniency should be granted-! assume, pos on May 3, 1927, shall hereafter be deemed valid unless the original sibly, this other amendment as to citizenship will be offered 7-year period of validity of such declaration of intention has here but if it is the desire of this House that this alien be per tofore expired or Ruth Radin has heretofore been found otherwise not eligible to such benefit under the naturalization laws. mitted to stay in this country under these circumstances, and as against the order of deportation, I have no quarrel with it. Mr. HALLECK. Mr. Speaker, I offer an amendment. [Here the. gavel fell.] The SPEAKER pro tempore enalty of the law because he ha.S two Buck Garrett McFarlane Romjue BulWinkle Gasque McGehee Rutherford children? [Applause.] That is what the gentleman main Caldwell Gingery McMillan Sanders tains. Cannon, Mo. Green McReynolds Schneider, Wis. Mr. LANZE'ITA. I maintain this: That chil~en are born Carlson Greever Mahon, S. C. Secrest Carter Gregory Mahon, Tex. Seger in the United States; that they should have the ·right to Cartwright Grtftlth Mapes Smith, Maine decide whether they wish to remain American citizens or be Case, S. Da.k. Griswold May Smith, Va. Chandler Guyer Michener Snell shipped back to some foreign country. Deporting the parents Chapman Gwynne Miller Sparkman is tantamount to expatriating their American-born children. Clark, N.C. Halleck Mills Spence Mr. OMALLEY. I do not see where that has any bearing Clason Hancock, N.C. Mitchell, TIL Starnes Cochran Harter Mitchell, Tenn. Taber on this. None of these persons were born here. Coffee, Nebr. Hendricks Moser, Pa. Tarver Mr. LANZETTA. It has this bearing. The gentleman Colden mu. Ala. Mott Taylor, S. C. asked me and I am going to answer his question. Collins Hobbs Mouton Taylor, Tenn. Colmer Hoffman Murdock, Ariz. Terry Mr. O'MALLEY. Yes; I asked the gentleman what bearing Cooley Hook Nelson Thomas, N.J. it had. Cooper Hope O'Malley Thomason, Tex. Cox Hull O'Neal, Ky, Thurston Mr. LANZETTA. First of all, in deporting the father, you Cravens Jarman Owen Transue of necessity deport the child. Crawford Jarrett Pace Turner Mr. O'MALLEY. Not necessarily at all. Creal Jenkins, Ohio Patman Umstead Deen Johnson,LutherA. Patrick Vinson, Fred M. Mr. LANZE'I'TA. Is that fair to an American-born child? Dies Johnson, Okla. Pearson Vinson, Ga. Mr. OMALLEY. I will answer the gentleman by asking, Ditter Jones Peterson, Fla. Warren Is it fair for a child to be born without being consulted? Doughten Kinzer Peterson, Ga. Wearin Dowell Kitchens Polk Weaver That is the same argument. [Laughter.] Doxey Knlfiin ~speck Whelchel Mr. LANZE'IT A. May I answer that by asking the gen Drewry, Va. Knutson Randolph Whittington Duncan Kocialkowskl Rankin Wilcox tleman whether he was consulted when he was born? Eaton Lambeth Reece, Tenn. Williams Mr. O'MALLEY. No; I was not. So I did not have any Edmiston Lamneck Reed, N. Y. Wolcott thing to say about it and have no private bill seeking Fletcher Lanham Richards Woodrum Ford, Miss. Lewis, Colo. Robertson Zimmerman redress in Congress for it. Fuller Luecke, Mich. Robinson, Utah Mr. DONDERO. Mr. Speaker, will the gentleman yield? NAY8-184 Mr. O'MALLEY. I yield. Allen, Pa. Ellenboge:g. Larrabee Poage Mr. DONDERO. Does not the gentleman know excep Amite Engel Lea Powers Anderson, Mo. Evans Leavy Rabaut tions had been made for oriental groups because of the Andrews Farley Lemke Ramsay racial question involved? Arends Fernandez Lesinski Rayburn Mr. O'MALLEY. No; I do not. Barry Fitzgerald Long Reed, TIL Bates Fitzpatrick Lucas Rees, Kans. Mr. DONDERO. And for natives of Africa? Beiter Flannery Luce Rellly Mr. O'MALLEY. No; and I do not think an exception Bernard Fleger Luckey, Nebr. Rigney Bigelow Forand Ludlow Rogers, Mass. should be made. Binderup Fries, Til. McAndrews Sacks Mr. DONDERO. I hold in my hand PUblic Act No. 162 Bloom Gambrill McCormack Sauthoff of the Seventy-fourth Congress, where Congress did make Boileau Gavagan McGrath Schaefer, ill. Boland,Pa. Gearhart McKeough Schuetz that exception for certain racial groups against the argu Boyer Gehrmann McLaughlin Schulte ment the gentleman is making. Boylan, N.Y. Gildea McLean Scott Bradley Goldsborough McSweeney Scrogham Mr. DICKSTEIN. Mr. Speaker, will the gentleman yield? Buckler, Minn. Gray, Ind. Martin, Colo. Shafer, Mich. Mr. O'MALLEY. I yield. Burdick Haines Martin, Mass. Shanley Mr. DICKSTEIN. Mr. Speaker, I simply want to correct Celler Hamilton Mason Short Champion Hancock, N.Y. Massingale Snyder, Pa. the statement of the gentleman. There have not been any Church Harlan Maverick Somers, N.Y. other cases of this kind since 1926. The trouble in all of Citron Havenner Mead South these matters you have heard about today took place Claypool Healey Meeks Stack Coffee, Wash. Higgins Merritt Stefan between 1924, 1925, and 1926. Cole, Md. Hildebrandt Millard Sullivan EHere the gavel fell.J Cole, N.Y. Hlll, Wash. Mosier, Ohio Sutphin Costello Holmes Norton Sweeney The SPEAKER. The question is on the amendment Crowe Houston O'Brien, TIL Swope offered by the gentleman from New York [Mr. HANcocK]. Cullen Hunter O'Brien, Mich. Teigan The amendment was agreed to. Curley Imhoff O'Connell, Mont. Thom Daly Izac O'Connor, Mont.• Thomas, Tex. The SPEAKER. The question now recurs on the amend Delaney Jacobsen O'Connor, N.Y. Thompson, m. ment offered by the gentleman from Indiana EMr. HALLEcK]. Dempsey Jenks, N.H. O'Day Tinkham The question was taken; and on a division (demanded by DeMuth Johnson, Lyndon O'Leary Tobey Dickstein Johnson, Minn. O'Neill, N.J. Tolan Mr. HALLECK) there w~re-ayes 52, noes 61. Dingell Johnson, W.Va. O'Toole Towey Mr. RANKIN and Mr. CARTER rose. Dixon Kennedy, Md. Oliver Treadway Dockweller Kennedy, N.Y. Palmisano Voorhis Mr. RANKIN. Mr. Speaker, I object to the vote on the Dondero Kenney Parsons Wallgren ground there is no quorum present, and make the point of Dorsey Keogh Patterson Walter Douglas Kirwan Patton Welch order there is not a quorum present. Dunn Kloeb Peyser Wigglesworth The SPEAKER. The gentleman from Mississippi makes Eberharter Kopplemann Pfeifer Wolfenden the point of order there is no quorum present. The Chair Eckert Kramer Phlllips Wolverton will count. [After counting.] One hundred and forty-one Eicher Lanzetta Plumley Woodruff Members are present; not a quorum. NOT VOTING-88 Andresen, Minn. Crosser Flannagan Hill, Okla. · The Doorkeeper will close the doors, the Sergeant at Arms Beam Crowther Ford, Calif. Honeyman will notify absent Members, and the Clerk will call the roll. Bland Culkin Frey, Pa. Jenckes, Ind. The question was taken; and there were-yeas 159, nays Boehne Cummings Fulmer Kee Buckley, N.Y. DeRouen Gifford Keller 184, not voting 88, as follows: Burch Dirksen Gilchrist Kelly, Ill. (Roll No. 60] Byrne Disney Goodwin Kelly, N.Y. Cannon, Wis. Drew,Pa. Gray, Pa. Kerr YEAs--159 Casey, Mass. Driver Greenwood Kleberg Aleshire Arnold Barden Boykin Clark, Idaho Engle bright Harrington Kvale Allen, Del. Ashbrook Bell Brewster Cluett Faddis Hart Lambertson Allen, m. Atkinson Biermann Brooks Connery Ferguson Hartley Lewis,Md. Allen, La. Bacon Boren Brown Crosby Fish Hennings Lord 1937 ()0~~-~ESSIONAL :RECORD-HOUSE 4739 McClellan O'Connell, B. I. Sadowski Taylor, Colo. United States for permanent residence at New York, N. Y., on McGranery Pettengill Shannon Vincent, B. M. December 1, 1926. Any declaration of intention to become a citi McGroarty Pierce Sheppard Wadsworth zen or any petition for citizenship heretofore filed by, or any Maas Quinn Sirovich Wene admission to citizenship ordered and certificate of natura.li.zation Magnuson Rich Smtth, Conn. West heretofore issued to, Janet Hendel, nee Judith Shapiro, which Maloney Robsion, Ky. Smith, Wash. White, Idaho were predicated upon the claim of lawful admission to the United Mansfield Rogers, Okla. Smith, W.Va. White, Ohio Murdock, Utah Ryan Steagall Withrow States for permanent residence on December 1, 1926, shall here· Nichols Sabath Sumners, Tex. Wood after be deemed valid, unless the original 7-year period of validity of such declaration of intention has heretofore expired or Janet So the Halleck amendment was rejected. Hendel, nee Judith Shapiro, has heretofore been found ot herwise The Clerk announced the following additional pairs: not eligible to such benefit under the naturalization laws. On this vote: Mr. BARDEN. Mr. Speaker, I offer the following amend Mr. Crowther (for) with Mr. Kvale (against). ment, which I send to the desk. Mr. Keller (for) with Mr. Sirovich (against). The Clerk read as follows: Mr. Fish (for) with Mr. Withrow (against). Mr. Lambertson (for) with Mr. Magnuson (agaln.st). Amendment offered by Mr. BARDEN: Page 7, line 20, strike out Mr. Robsion of Kentucky (for) with Mr. Byrne (against), all of title vn. Until further notice: Mr. BARDEN. Mr. Speaker, this is another case where Mr. Taylor of Colorado with Mr. G11ford.. this party was born in Lithuania and went to Germany and Mr. Greenwood with Mr. Wadsworth. Mr. Flannagan with Mr. Dirksen. secured papers to enter this country just as ·in the other Mr. Driver with Mr. Gilchrist. cases that have been discussed here this afternoon. There Mr. Burch with Mr. Rich. does not seem to be much question about the fact that she Mr. crosser with Mr. Maas. Mr. Kelly of Dlinols with Mr. Goodwin. knew what she was doing. She represented herself at that Mr. Bland with Mr. White of Ohio. time as having been born in Germany, when she admitted, Mr. Fulmer with Mr. Lord. Mr. Mansfield with Mr. Andresen of Minnesota. as a matter of fact, that she knew otherwise and entered Mr. Boehne with Mr. Hartley. this country under circumstances very similar to the other Mr. Steagall with Mr. Cluett. cases referred to. Mr. DeRouen with Mr. Englebright. Mr. Wene with Mr. CUlkin. Mr. O'CONNOR of New York. Mr. Speaker, will the gen Mr. Beam with Mr. West. tleman yield? Mr. Kerr with Mr. Smith of Connecticut. Mr. BARDEN. Yes. Mr. Pettengill with Mr. O'Connell of Rhode Island. Mr. Smith of West Virginia With Mr. Buckley of New York. Mr. O'CONNOR of New York. Of an these 15 cases: does Mr. Disney with Mr. McGroarty. not the gentleman think that this case and· the next case Mr. Rogers of Oklahoma with Mr. Faddis. Mr. Harrington With Mr. Beverly M. Vincent. are about as meritorious as any of them? Mr. McClellan with Mr. Sadowski. Mr. BARDEN. Mr. Speaker, inasmuch as the gentleman Mr. Kleberg with Mr. Drew of Pennsylvania. has propounded that question, I think probably this may be Mr. Pierce with Mr. Ferguson. Mr. Hart with Mr. Sumners of Texas. in a little bit better shape, but I do not think any of them Mr. Gray of Pennsylvania With Mr. Hennings. are in good shape, and I do not think they are entering this Mrs. Jenckes of Indiana with Mr. White of Idaho. Mr. Kelly of New York with Mr. Crosby. body in the proper shape to be given consideration. Mr. Wood with Mr. ·Qutnn. Mr. FITZGERAlD. Mr. Speaker, I oppose this amend Mr. Cannon of Wisconsin with Mr. Clark of Idaho. ment. Janet Hendel is the wife of Mr. Bernard T. Hendel. a Mr. LeWis of Maryland with Mr. Ryan. Mr. Connery with Mr. Ford of California. manufacturer. The statement of the gentleman from Ohio Mr. Frey of Pennsylvania with Mr. Maloney. [Mr. JENKINS] that three or four children followed her to Mr. Hill of Oklahoma with Mr. Smith of Washington. America is wrong. It is true that she has ·four children, Mr. McGranery with Mr. Nichols. Mr. CUmmings with Mrs. Honeyman. but they were born to her while in America. I believe this Mr. Sheppard with Mr. Murdock of Utah. case and the case to follow are the real hardship cases that The result of the vote was announced as above recorded. are before us. My only interest in this whole bill is the EXTENSION OF REMARKS protection of that family and in not separating the mother from her family and sending her back to Germany. Dur Mr. UMSTEAD, Mr. O'MALLEY, and Mr. HALLECK asked ing the last several years a deportation warrant has been and were given· permission to revise and extend their own held over her bead and I believe that she has been pun remarks in the RECORD. ished severely. I appeal to you men and women of the COMMITTEE ON THE DISTRICT OF COLUMBIA House this afternoon not to disrupt this family' life. Do not Mrs. NORTON. Mr. Speaker, I ask unanimous consent take this woman from these four babies. She talked to me that a special committee of the Committee on the District in my office here in Washington and said that she will of Columbia may be permitted to sit during the session of never be separated from her babies, that she will kill her the House tomorrow. self; and she means just that. I have no objection if you The SPEAKER. Is there objection to the request of the want to penalize her further by denying her citizenship 1n gentlewoman from New Jersey? the future, but I appeal to you fathers and mothers here There was no objection. this afternoon not to separate this family, but to approve PRIVATE CALENDJm this bill with the rest of them. Mr. JENKINS of Ohio. Mr. Speaker, will the gentleman The SPEAKER. The Clerk will report the next title of yield? the bill. Mr. FITZGERALD. Yes. The Clerk read as follows: Mr. JENKINS of Ohio. To say to the House and to the Title VU-(H. R. 3334. For the rellef of Janet Hendel, nee Judith gentleman that I was mistaken in my statement a mo Shapiro) ment ago. That, in the administration of the lmmigration and naturali Mr. FITZGERAlD. That is correct. The children were zation laws, the Secretary of Labor is hereby authorized and directed to cancel the warrant of arrest and the order of deporta born in this country. tion against Janet Hendel, nee ' Jud.ith Shapiro, heretofore issued Mr. HANCOCK of New York. Mr. Speaker, .I offer the on the grounds that on December 1, 1926, . admission to the following perfecting amendment, which I send to the desk. United States had been fraudulently gained pursuant ~o the com mission o! a passport or visa offense which, subsequent to such The Clerk read as follow.s: · admission. has heretofore been held by the Attorney General "Of Amendment offered by Mr. HANcoCK of New York: After the the United States to be within the purview of "crimes involving word "been", on page 8, line 8, strike out the word "lawfully"; moral turpitude", and thereupon Janet Hendel, nee Judith Shapiro. and after the '!ord "deemed". page 8, llne 16, strike out the bal shall hereafter bo deemed to have been l&wfully admitted. to t.b.e ance of the title and illsert in lieu thereof "null &nd void." . 4740 ~ONGRESSIONAL RECORD-HOUSE MAY 18 · The SPEAKER. The question is on agreeing to the to stress the way they lived before they were upon American Hancock amendment. soil? The question was taken; and on a division (demanded by Mr. RANKIN. Mr. Speaker, will the gentleman yield? Mr. CARTER) there were-ayes 165, noes 4. Mr. GEARHART. I do not yield. Mr. CARTER. Mr. Speaker, I object to the vote upon In the intervening years many of them have become de the ground that there is no quorum present and make the sirable residents, good neighbors. They have built up busi point of order that there is no quorum present. nesses, created pay rolls. In the intervening years they The SPEAKER. The gentleman from California makes have yielded large sums in taxes for the support of the the point of order that there is no quorum present and Government which you and I love. They have contracted objects to the vote on that ground. The Chair Will count. marriages and reared families, have established blood re [After counting.] Two hundred and forty-seven Members lationship in America. To banish them at this late date, present, a quorum. to refuse them pardons for their original offenses after all So the Hancock amendment was agreed to. these years of exemplary. living is little less than cruelty in The SPEAKER. The question ·now is on the amendment my estimation. Let me again stress the fact that these cffered by the gentleman from North Carolina [Mr. BAR people are asking for legislative pardons and, in answering DEN] to strike out the title. their petitions, that we should give a larger consideration to The question was taken, and the ~mendment was re the way they have lived since they have been here; not jected. confine our attention to the original wrongdoing alone. Mr. GEARHART. Mr. Speaker, I offer the following Whether we should grant the legislative pardon prayed for amendment, which I send to the desk. should depend upon the facts of each case, I freely admit. The Clerk read as follows: Let us look well into the present-day conduct of the person Amendment offered by Mr. GEARHART: Page 8, line 9, after the who is asking for relief, not only at the facts sun·ounding word "residence", strike out the words "at New York, N. Y." his arrival on American soil. The SPEAKER. The· question is on the amendment Mr. RANKIN. Will the gentleman yield? offered by the gentleman from California. Mr. GEARHART. I yield. Mr. GEARHART. Mr. Speaker, am I not entitled to Mr. RANKIN. The gentleman from California says the recognition? ' only offense they have committed-- The SPEAKER. If the gentleman desires recognition, he Mr. GEARHART. I yield only for a question. is entitled to it. Mr. RANKIN. Very well. I will get my own time. Mr. GEARHART. I desire recognition. Mr. GEARHART. I yield back the balance of my time, The SPEAKER. The gentleman from California is rec Mr. Speaker. ognized. Mr. RANKIN. Mr. Speaker, I rise in opposition to the Mr. GEARHART. Mr. Speaker, I do not expect this amendment. amendment to pass. I am availing myself of the time which Mr. Speaker, it is a strange doctrine to me which the the offering of the amendment affords me in order to point gentleman from California preaches when he says that we out that we are not here for the purpose of passing alone ought to forgive these men of their crimes in coming into upon the initial wrongdoing of the person whose name is this country in violation of the law and violating the law printed in the bill we have under consideration. But, despite every day they stay here. He seems to overlook the fact this, every !\.!ember who has risen in opposition to the pass that it has been shown time and again that these aliens ing of any of these titles has confined his discussion entirely committed perjury long after they came here. They came to the original wrongdoing of the immigrant in obtaining here in flagrant violation of our immigration laws, and then admission to this country. The various speakers have each committed the soul-killing crime of perjury in the Federal maintained that the individual should be denied the right courts in order to try to become naturalized. to remain here, as the bill will authorize, simply because he Now, are you going to let that kind of riffraff come here or she has been guilty of some offense connected with his and stay? Do you think the American people want to fill or her entrance into this country. Every person whose name this country with that kind of material? .If you do, you has been mentioned in any of these titles has admitted at will find different when they call you to :B~~t for voting the outset that he or she, as the case may be, has been to ratify their criminal misconduct in this B.~use. You are guilty of falsification of facts in obtaining admission to the supposed to be here to represent the American people and United States. Every one of them admits that. That is to not the alien criminals who come here from other lands. be assumed, as you approach the consideration of these Hauptmann, the man who killed the Lindbergh baby, did bills; otherwise, there would be no reason for a bill at all. just what these people have done. He did it under the same What these people are asking of you, in effect, is noth impulses and under the same inspiration: in my opinion, and ing more nor less than a congressional pardon for that with the same ·connivance on the part of individuals in the wrongdoing. The thoughts that should be running through United States to get him in here; probably bribed his way your minds, in my estimation, should have to do with in; probably bribed the same people that some of these peo whether or not you desire to extend to the person involved ple bribed to get in here. When he came here, would you the forgiveness for which he or she is asking. have deported him? Why, they say he had a child; yet he The statute of limitations in most felony cases in nearly committed one of the most dastardly crimes that has ever all of the States is 3 years, if you please. If a person has blackened the records of our country. He was a criminal committed a serious offense of felony grade and has re before he came here. He had been in the penitentiary in mained unarrested for as long a,s 3 years, the law forbids Germany. No doubt some of these men have been in peni the prosecution of that person simply because of the elapse tentiaries and ought to be in the penitentiary now for of time. Now, the question before us is, Shall we deny to bribery, perjury, and other crimes. people who have entered America illegally the right to You are destroying our immigration laws. You are de remain here simply because long years ago an offense con stroying laws that it took years and years to pass, in this nected with their entrance into this country was by them insidious manner. In my opinion, the American people will committed when in the intervening years they have lived not stand for it. lives according to the highest standards of morality and of Mr. GEARHART. Mr. Speaker, will the gentleman yield? citizenship? Should we not consider as of first importance Mr. RANKIN. Yes; I yield to the gentleman from Cali the way they have lived here since their arrival rather than fornia. 1937 CONGRESSIONAL RECORD-HOUSE 4741 Mr. GEARHART. Can the gentleman from Mississippi To Mr. SMITH of Connecticut (at the request of Mr. FITz contemplate a case, either in the criminal courts or under GERALD), for 3 days, on accoimt of illness. this title, where a person might be entitled to consideration To Mr. HARRINGTON (at the request Of Mr. BIERMANN), for on their plea for forgiveness, for a pardon? 1 week, on account of official business. Mr. RANKIN. My opinion is that if they want forgiveness ADJOURNMENT for their sins they should repent of their sins, show their Mr. RANKIN. Mr. Speaker, it is getting late. I am going faith by their works, go back, and come in legally or not to move that the House do now adjourn. I think we have at all-not try to bribe their way in. Let them go back where been here long enough wrangling over this. We cannot pos they came from. It is pretended that these people cannot sibly pass this bill tonight. go back to Germany because somebody said on the floor Mr. SCHULTE. Mr. Speaker, I demand the regular order. they were Jews and that they were persecuting Jews in Ger Mr. RANKIN. Mr. Speaker, I move that the House do now many. It has been shown that many of them did not come adjourn. from Germany; that they did not live in Germany. They The question was taken; and the Speaker announcing that did not live in countries where Jews are having trouble. the Chair was in doubt, the House divided, and there were But even if they did, that would be no excuse for their ayes 117, noes 91. violating our immigration laws to get in and then com Mr. DICKSTEIN. Mr. Speaker, I ask for the yeas and mitting perjury after they came. This is the source from nays. which our racketeers have come. This is the way the Com The yeas and nays were ordered. munists who would destroy American institutions and wreck The question was taken; and there were-yeas 185, nays our civilization have secured entrance into this country. 142, not voting 104, as follows: And now they come and ask us to ratify their perfidy by passing a. measure of this kind. This is an attempt to break [Roll No. 61} down and destroy the immigration laws of this country, and YEA3-185 Aleshire Dowell Lambeth Rogers, Mass. I for one expect to resist it in every way that I can. Allen, Del. Doxey Lamneck Romjue Mr. HOFFMAN. Mr. Speaker, will the gentleman yield? Allen, lll. Drewry, Va. Lanham Rutherford Mr. RANKIN. Yes; I yield to the gentleman from Mich Allen, La. Duncan Larrabee Sanders Anderson, Mo. Eaton Lewis, Colo. Sauthoff igan. Andrews Edmiston Lucas Schaefer, lll. Mr. HOFFMAN. Does the gentleman realize that of the Arends Engel McFarlane Seger Ashb1·ook Flannery McGehee Shafer, Mich. five organizers of the C. I. 0. arrested in Detroit in the Atkinson Fletcher McLean Smith, Va. Parke-Davis strike that three were aliens here unlawfully? Bacon Ford, Miss. McMillan Snell Mr. RANKIN. I did not know that. Barden Fries, lll. McReynolds South Bates Fuller McSweeney Sparkman Mr. HOFFMAN. That is true. Bell Gambrill Mahon, S. C. Starnes Mr. RANKIN. I am sounding a warning to you today. Blnderup Gasque Mahon, Tex. Steagall Boehne Gehrmann Mapes Stefan I saw them start on this back abdtlt 1920 or 1921, and I saw Boren Gingery Martin, Mass. Taber the American p€ople rise in their indignation and stir Boykin Goldsborough May Tarver such a wave of protest no one except in a few States along Brewster Green Nlichener Taylor, S.C. Brooks Gregory Millard Teigan the Atlantic seaboard could come to Congress unless he Brown Griffith Miller Terry promised in advance that he would shut this riffraff out Caldwell Griswold Mills Thorn and stop these criminal aliens from boring in and undermin Cannon, Mo. Gwynne Mitchell, Tenn. Thomas, N. J. Carlson Hamilton Moser, Pa. Thomas. Tex. ing American institutions. Carter Hancock, N. Y. Mosier, Ohio Thomason, Tex. So I say to the gentleman from California when he says Cartwright Hancock, N.C. Mott Tinkham Case, S. Dak. Harter Mouton Treadway that we ought to forgive, that if they want forgiveness let Chandler Hartley O'Malley Turner them go back and show that they have repented of their Clark. N.c. Hill, Ala. Oliver Umstead criminality. Let them go to the countries whence they Clason Hobbs Owen Vinson, Fred M. Cochran Hoffman Pace Vinson, Ga. came, and if they come to America at all, let them come Coffee, Nebr. Hook Patman Wallgren with clean records and clean hands. Colden Hope Patrick Warren Cole, N.Y. Hull Patterson Wearin [Here the gavel fell.] Collins Izac Pearson West The SPEAKER. The question is on the amendment of the Cooley Jarman Peterson, Fla. Whelchel gentleman from California. Cooper Jarrett Peterson, Ga. Whittington Cox Jenkins, Ohio Plumley Wilcox The amendment was rejected. Cravens Johnson,LutherA.Polk Williams SENATE CONCURRE.'NT RESOLUTION REFERRED Crawford Johnson, Lyndon Powers Wolcott Creal Johnson, Okla. Ramspeck Wolfenden A concurrent resolution of the Senate of the following title Crowther Jones Randolph Wolverton was taken from the Speaker's table and, under the rule, re Deen Kinzer Rankin Woodru1l' Dies Kitchens Reece, Tenn. Woodrum ferred as fellows: Ditter Kloeb Reed, Ill. Zimmerman S. Con. Res; 14. Concurrent resolution authorizing the pub Dondero Kniffin Reed, N.Y. Doughton Knutson Richards lication of the proceedings in Congress and in Statuary Hall Douglas Kocialkowski Robertson in connection with the unveiling of the statues of William Jennings Bryan and J. Sterling Morton, presented by the NAY3-142 Allen, Pa.. Cole, Md. Eicher Havenner State of Nebraska; to the Committee on Printing. Amlie Colmer Ellenbogen Healey BILL PRESENTED TO THE PRESIDENT Barry Costello Evans Hendricks Bernard Crowe Farley Higgins Mr. PARSONS, from the Committee on Enrolled Bills, re Biermann Cullen Fernandez Hildebrandt ported that that committee did on this day present to the Bigelow Curley Fitzgerald H111, Wash. Bloom Daly Fitzpatrick Houston President, for his approval, a bill of the House of the following Boileau Delaney Fleger Hunter title: Bola.nd,Pa. Dempsey Forand Imhoff Boyer DeMuth Garrett Jacobsen H. R. 5478. An act to amend existing law to provide privi Boylan. N.Y. Dickstein Gavagan Jenks, N.H. lege of renewing expiring 5-year level-premium term policies Bradley Dingell Gearhart Johnson, Minn. for another 5-year period. Buckler, Minn. Dixon Gildea Johnson, W.Va. Casey, Mass. Dockweiler Gray, Ind. Kennedy, Md. LEAVE OF ABSENCE Celler Dorsey Greever Kennedy, N.Y. Church Dunn Haines Kenney By unanimous consent, leave of absence was g1·anted as Claypool Eberharter Halleck Keogh follows: Coffee, Wa.sh. Eckert Harlan Kirwan 4742 CONGRESSIONAL RECORD-HOUSE MAY 18

Kopplemann Maverick Parsons Shanley Mr. Magnuson with Mr. CUmmings. Kramer Mead Patton Short Mr. O'Connell of Rhode Island with Mr. Ford o! Cal.ifornia. Lanzetta Meeks Peyser Snyder,Pa. Mr. Connery with Mr. Drew of Pennsylvania. Lea Merritt Pfeifer Spence Mrs. Honeyman with Mr. Rogers of Oklahoma. Leavy Mitchell, m. Phillips Stack Mr. Disney with Mr. Harrington. Lemke Murdock, Ariz. Poage Sutphin Mr. Buckley of New York with Mr. Ferguson. Lesinskl Nelson Quinn Sweeney Long Norton Rabaut Swope Mr. IMHOFF changed his vote from "yea" to "nay." Luce O'Brien, ill. Ramsay Tobey Mr. DEEN changed his vote from "nay" to "yea." Ludlow O'Brien, Mich. Rayburn Tolan The result of the vote was announced as above recorded. Luecke, Mich. O'Connell, Mont. Rees, Kans. Towey McAndrews O'Connor, Mont. ReUly Transue Accordingly