3366 CONGRESS! ON AL RECORD-SEN~t\._TE SEPTEMBER 4 [Mr. THoMAs], the Senator from Alabama [Mr. HEFLIN], and The Chief Clerk proceeded to read the Journal of the pro-­ the Senator from South Carolina [Mr. BLE.ASE]. ceedings of Saturday last, when, on request of Mr. WATSON and Mr. McKELLAR. Mr. President, as a further mark of re­ by unanimous consent, the further reading was dispensed with spect to the memory of my late distinguished colleague, I move and the Journal was approved. that the Senate do now adjom'D. MESSAGES FROM THE PRESIDENT The motion was unanimously agreed to; and (at 12 o'clock Sundry messages in writing from the President of the United and 5 minutes p. m.) the Senate adjourned, the adjournment States were communicated to the Senate by Mr. Latta, ooe ot being, under the order previon&ly entered, until Wednesday, his secretaries. August 28, at 12 o'clock meridian. CALL OF THE ROLL Mr. HEFLIN. Mr. President, I suggest the absence of a SENATE quorum. The VICE PRESIDENT. The clerk will call the roll. WEDNESDAY, August f38, 19f39 The legislative clerk called the roll, and the following Senators answered to their names : Rev. George G. Culbertson, associate minister of the New Allen Frazier King Simmons York Avenue Presbyterian Church of the city of Washington, Ashurst George La Follette Smoot offered the following prayer : Barkley Glass McKellar Stelwer Bingham Glenn McMaster Swanson Infinite and Gracious God, our Heavenly Father, draw u~:; by Black Gofl' McNarv Thomas, Idaho Blaine Goldsborough Moses · Trammell Thy holy influence into a finer and more noble realm of thought Blease Greene Norbeck Tydings and action. Inspire us to werk with Thee for the things which Borah Hale Nye Vandenberg lead to righteousness, truth, justice, and good will among men. Brookhart Harris Overman Wagner Broussard Harrison Patterson Walsh, Mass. :May the peace of God, which passeth all understanding, rest upon Burton Hastings Phipps Walsh, Mont. us and be the portion of all mankind. Through Jesus Christ Capper Hawes Pine Warren our Lord. Amen. Caraway Hayden Pittman Waterman Connally Hebert Ransdell Watson Couzens He.tlin Reed Wheeler The Chief Clerk proceeded to read the Journal of the proceed­ Deneen Ho\Vell Robinson, Ark. ings of Monday last, when, on request of Mr. WATSON and by Fess Jones Sheppard unanimous consent, the further reading was dispensed with, Fletcher Kean Shortridge and the Journal was approved. Mr. GOFF. I desire to announce that my colleague the junior ADJO\JBNMENT TO SATURDAY Senator from West [Mr. HATFIELD] is unavoidably detained from the Senate- to-day. . Mr. WATSON. I move that the Senate adjourn until Satur­ Mr. HARRISON. I wish to announce that my colleague day next at 12 o'clock noon. [Mr. STEPHENS] is necessarily detained at his home owing to The motion was agreed to; and (at 12 o'clock and 2 minutes illness in his family. p. m.) the Senate adjourned until Saturday, August 31, 1929, at 1\lr. SHEPPARD. I ·desire to announce that the Senator from 12 o'clock meridian. South Carolina [Mr. SMITH] is nec~ssarily detained from the Senate by illness· in his family. I will let this announcement stand for the day. SENATE I also wish to announce that the Senator from [Mr. SATURDAY, August 31, 19~9 THOMAS] is necessarily detained from the Senate on official business. Rev. George G. Culbertson, associate minister of the New The VICE PRESIDENT. Sixty-nine Senators have answered York Avenue Presbyterian Church of the city of _Washington, to their names. A quorum is present. offered the following prayer : AGRICULTURAL RESEARCH WORK (B. 000. NO. 22) Unto Thee do we lift thankful hands, 0 Lord, our God, for suc;h measure of liberty, and of justice, and of peace as has The VICE PRESIDENT laid before the Senate a communi­ been attained in our beloved land. We pray that Thy guiding cation from the Acting Secretary of Agriculture, transmitting, hand shalt be felt by the appointed leaders of this people, the pursuant to Senate Resolution 348 of the Seventieth Congress, President and Members of this body, the President of the United a tabular statement showing the- estimated allocations of Fed­ States, and all associated with him in authority, that through eral funds for agricultural research, food research, and research on poultry and eggs, administered by the Department of Agri­ Thy guidanc~ a truer liberty, a finer justice, and a more endur­ ing peace may be attained. And to Thy name shall be the culture, applicable to the fiscal years 1929 and 1930; also a sepa­ prai£e, through Jesus Christ our Lord. Amen. rate statement of the benefits to the consumer resulting from the food research work of the department, which, with the accom­ The Chief Clerk proceeded to read the Journal of the proceed­ panying papers, was referred to the Committee on Agriculture ings of Wednesday last, when, on request of Mr. W ATBON and and Forestry and ordered to be printed. by unanimous consent, the further reading was dispensed with, and the Journal was approved. ARREST OF ATTACHES OF FOREIGN GOVERNMENTS The VICE PRESIDENT laid before the Senate a communi­ ADJOURNMENT TO WEDNESDAY cation from the major and superintendent of the Metropolitan Mr. WATSON. I move that the Senate adjourn until police of the District of Columbia, transmitting in response to Wednesday next at 12 o'cloC'k noon. Senate Resolution 94 (submitted by l\1r. CARA.WAY) a compila­ The motion was agreed to; and (at 12 o'clock and 2 minutes tion setting forth the names and nationalities of .all representa­ p. m.) the Senate adjourned until Wednesday, September 4, tives of foreign countries attached to or employed by foreign 1929, at 12 o'clock meridian. legations who have been stopped and warned by members of the police department for operating automobiles in the District of Columbia while under the influence of liquor or for other traf­ SENATE fic violations, etc.; also communications dated July 3, July 6, and July 18, 1929, all relative to the list above referred to, which, WEDNESDAY, September 4, 19~9 with the list accompanying the communication first above re­ Rev. George G. Culbertson, associate minister of the New ferred to, were referred to the Committee on Foreign Relations. York A-.enue Presbyterian Church of the city of Washington, CLAIM OF M.ABGA.RET STEPP BOWN offered the following prayer: The VICE PRESIDENT laid before the Senate a communi­ Almighty God, our Heavenly Father, we pause amidst the cation from the Comptroller General of the , h·ans­ busy rush of life's many duties-to think of Thee. Purify Thou mitting, pursuant to law, his report and recommendation con­ our thoughts, muke wise onr speech, ennoble our acts that in all cerning the claim of Margaret .Stepp Bown against the United that we are we may honor Thee. So touch the hearts of all States, which, with the accompanying paper, was referred to the who hold positions of influence and authority in our beloved land Committee on Claims. that pure and wise and noble they may be. Let Thy blessing descencl in full measure upon us now that all the resolves and CLA.IM OF S. VAUGHAN FURNITURE 00. enactments of this day may be well pleasing in Thy sight, and to The VICE PRESIDENT laid before the Senate a communi­ Thee will we ascribe all praise. Through Jesus Cluist om· Lord. cation from the Comptroller General of the United States, t rans­ Amen. mitting, pw'Suant to law, his report and recommendation con- 1929 CONGRESSIONAL RECORD-SENATE 3367 cernlng the claim of S. Vau~han Furniture Co., of Florence, tries of this hemisphere if it should be conclusively establlshed that the S. C., which, with the at>eompanying paper, was referred to the need for such a measurP is so great as to outweigh its disadvantagefl. Committee on Claims. In questioning the wisdom of adopting legislation to thnt end at the present time, I wish to make it clear that there is no advocacy of the ALABAMA & TRANSPORTATION CO. free admission of large numbers of aliens of any nationality to the The VICE PRESIDENT laid before the Senate a communi· Injury of the best interests of the United States. It would seem logical, <>ation from E. J. Tinsdule, of Asheville, N. 0., relative to the however, that before any particular measure having serious disadvan­ case of Harriett H. Gallagher against Alabama & New Orleans tages is adopted, full information should be nvailable as to the nature Transportation Co., which, with the accompanying papers, was and extent of the problem which it is designed to correct; car ful con- referred to the Committe-e on the Judiciary. ideratlon should be given to whether the proposed legislation would JOURNAL 0 THI!l HOUSE OF REPRESEXTA'ITVES, TERRITORY OF IIA WAll effect the desired result if passed, and an endenvor should be made to The VICE PRESIDENT laid l>efore the Senate a communi­ find, if possible, other means of attaining the same object which would cntion from the secretary of Hawaii, transmitting, pursuant to involve less injury to legitimate interests of the United States. law, eopy of the journal of the House of Representative of the With respect to immigration from American countries other than Legi~lature of the Territory of Hawnii, regulnr session 1929, Mexico no serious problem exists. Immigration from all the other which was referred to the Committeo on Territories and Insular Latin-American countries is so small as to be negligible, averaging Po._·. es8ions. slightly more than 7,000 during the past three years, of which an aver• age of approximately 2,000 were natives of Cuba. As to Canadn, while All.LL''WTON MEMORL\L BRIDOE COMMISSION statistics show a considerable annual immigration, the number of emi­ The VICE PRESIDENT laid before the Senate communica­ grants from the United States to Canada is so great that the exchang-e tions from the executive and dislmn:ing officer of the Arlington of people Intending to take up their residence in the other country is Memorial Bridge Commission, reportiug relative to the operu­ virtually equal. tiom; of the commi ·~ion for the month. of May, June, and July, The only serious problem, therefore, is that of immigration from 1{129, which were referred to the Committee on Public Buildings ME-xico, and it is recognized that this problem is one which would seem auturning to Mexico exceeds those recorut'd as entering the tion into the United States to its executive rather than its legislative United Stutes, both for the decade 1910 to 1919 and the period 1020 branch. A second and possibly a more generally reco~nized difficulty to 1927. There was a material dit!'erence between the 1\!ex:ican and would lie in the fact that immigration has come to be regarded in this American figures covering the immigration of Uexicans into the United country as a purely domestic concern. Any arrangement to regulate States from 1910 to 1919, but there is substantial agreement in tho immigration by mutual agreements with foreign countries would doubt­ statistics of the two Governments during the 8-year period from 1!J20 to lt'~s give rise to very widespread objection on the part of the large body 1927, there being a divergence of le s than 3 per cent between the of people in the United States who consider that immigration problems, totals. Since the Mexican figures covering departures for the United as they increase in importance, should remain even more than previou ·ly States during the period last mentioned woulf 264,1303, or 119.2 per cent, in 10 those countries and to important lJusiness interests of the United States years. The fact that the avnilable migration statistics for tlw same abrt>ad. period show that more Mexicans were recorded as returning to Mexico Reports requel!lted from American diplomatic representatives in Latin­ than as entering this country would indicate, even with generous allow­ American countries are practicaUy unanimous in their statement that ance being ronde for inaccurncies in the statistics, that the net gain in the application of quota re trictions to them could not fail to be inter­ the Mexican population resulted mainly from irregular entries, such ns preted by them as a radical departure from tbe trauitional policy of crossing the border surreptitiously and gaining a<.lmi ·sion ostensibly for this country toward Latin America, and as evidence of unwillingness to a temporary stay, but failing to return. continue to regard them as equals and neighbors having common prob­ As long as the above situation obtains it would seem to be premature lems, interest , and aims. to impose quota restrictions on Mexico. Under present conuitions such While 1t is urged that these important considerations be given due a measure woulu probably only serve to swell the stream of unlawful weight, it is nevertheless recognized that they would not in themselves entrants, while all of the ill etier,ts of quota legislation onlu be fully be su1licieut to prevent the exten~ion of quota restrictions to the coun- realized, It is underst,od that .f:he border J;ntrol of the Immigration 3368 CONGRESSIONAL RECORD-SENATE SEPTEl\ffiER 4 Service apprehended 10,686 aliens attempting unlawful entry over the llefore reversing the policy which has been consistently followed by Mexican border during the fiscal year ended June 30, 1027, and 15,120 the United States in enacting its immigration legislation and which bas aliens during the fiscal year ended June 30, 1D28. been continued by section 4 (c) of the immigration act of 1924, it is It would seem advisable, before furnishing additional and greater believed that the following steps would be advisable: incentive to enter unlawfully, to take further measures to make the bor­ 1. That means be provided for making an accurate count of Mexicans der control effective and to await the results of the intensive campaign entering and leaving the United States by categories in order that it to apprehend and deport l\fexicans unlawfully in the United Stutes, may be determined whether the net immigration into this country is which is being undertaken on the basis of the deportation act of March such as to require quota restrictions. 4, 1029. 2. That all possible measures be taken to make the border control The immigration act of 1924 made consular officers abroad responsible effective and to make possible the deportation of Mexicans remaining in in the first instance for passing on the admissibility of all immigrants, this country unlawfully. including natives of Mexico, in connection with the issuance of the re­ 3. That further results be awaited of the department's pro~ram for quired immigration visa. In making its investigation as to the need for making the enforcement of the immigration laws by consular officers in and probable effect of the extension of the quota. system to American Mexico fully effective. countries it bas been ascertained that the standards of admissibility In conclusion, it is opportune to point out, with respect to restrictive under the immigration act of February 5, 1917, which have been ob­ immigration in general, that the various quota acts culminating in the served by consular officers in Mexico have been mnterfa.Ity lower than immigration act of 1!l24, while very restrictive in character, would not those observed by consular officers elsewhere, notably in Europe. in tbemselvE.'s be capable of attaining the degree of restriction evidently It appears that the condition described has not bcE'n due to any delib­ desired by the majority of the American people were it not for their erate failure on the part of consular officers in Mexico to give full effect effective enforcement by the administrative officers charged therewith. to the law, but rather to an entirely diiTerent conception of what the In general, it may be said that there is an estimated demand againRt law required. This seems to have been brought about by tlle nature the quotas of approximately 2,000,000 people, of wlticb about 75 per and volume of immigration from that country. The requirements on the cent is against the quotas for southem and eastern Europe., which total Mexican border were apparently relaxed somewhat during the war, wben approximately 24,000. labor was badly needed. Without doubt Mexican labor was also needed Many of these intending immigrants, wl1o are unable to accomplish in the border States in the postwar period, and everything possible ap­ their immigration under the quota, cast about for some other means of pears to have been done to facilitate its entry. Accordingly prece

6. These are most deserving cases which hitherto have not been Lieut. M. A. Snyder, from the Artillery supporting our division, brought to the attention of the War Department due to various causes, came forward and I told him of the situation. Without hesitancy h& already partly referred to, but, also because: proceeded through the fire and I saw him take a position ·a few hundred (a) The division commanders and divisions changed (Eighty-second meters in front of us under heavy fire and observed by the enemy, re­ to Eightieth) about October 24, 1918. turning with a record of this resistance which was later destroyed, and (b) The commanders of the One hundred and fifty-seventh Field our line moved forward. Artillery Brigade (Colonel Rhodes, Colonel Pearce, and Gen. D. F. (Signed) R. A. HIGGINS. Craig) also changed three times in a short period, October 24 to A true copy. November 11, 1918. (c) The act of heroism was witnessed by but few officers, and they APRIL 19, 1923. were emergency officers of Infantry, now in civil life. To Capt. JAMES B. f:ONYERS, F. A., C. R. C., 7. These are the only recommendations for the distinguished-service 167 Blueridge Avenue, Atlanta, Ga.: _ cross made by me during the World War. 1. With further reference to your recommendation for the award of c. D. RHODES, the distinguished-service cross to First Lieut. Milton A. Snyder, formerly Colonel~ General Staff Oorps. of the One hundred and fifty-seventh Field Artillery Brigade, Eighty­ Twel've. inclosures. second Division, you ru:e informed that upon consideration of the recom­ PROPOSED CITATION mendation in connection with the record of service it has been decided by the department that the act in question was not of the extraordinary Maj. Donald M. Bcere, Field Artillery, then lieutenant colonel, Field character of heroism for which, under the law, the distinguished-service Artillery, aQd executive officer One hundred and fifty-seventh Field Ar­ cross is bestowed. tillery Brigade. For extraordinary heroism . in action near· Sommanthe, 2. However, the conduct of First Lieutenant Snyder was not only com­ France, November 3, 1918. When the front line Infantry units of the mendable but gallant, and in view of this fact the Secretary of War Eightieth Division were held up by overwhelming German artillery and directs that he be cited in War Department orders for gallantry in machine-gun fire, Major Beet·e, with fearless disregard for persona~ action, which citation entitled him to wear the silver-star decoration. safety and with another officer, pushed out several hundred yards be­ 3. The Quartermaster. General of the Army has been directed to for­ yond our most advanced Infantry scouts and snipers, and on a coordinate ward such decoration to him. map located the position of enemy artillery and machine-gun nests, By order of the Secretary of War : · returning with the information to our lines through heavy hostile fire M. J. O'BRINE, Adjutat~t General. and furnishing same to the advanced artillery of the One hundred and A true copy. fifty-seventh Field Artillery Brigade in time to detroy or neutralize the enemy's fire and permit an advance of Infantry units of the Eightieth THE AMERICAN LEGIO~, ATLANTA POST No. 1. Division. Atlanta, Ga., AVril 7, 19f8. Address: Care of The Adjutant General o.f · the Army, Washington, D. C. The Hon. COLE L. BLEASE, PROPOSED CITATION United States Senate~ Washington, D. 0. DEAR Sm : Acknowledgment is made of your letter of April . 5, in­ First Lieut. Milton A. Snyder, Three· hundred .and ·twenty-first Field closing your amendment to H. R. 5898. Artillery, and on duty with One hundred and fifty~seventb Field Ar- We are using every etrort through our national organization and other . tillery Brigade headquarters, Eighty-second Division. For extraordinary organizations to see your amendment to a successful conclusion. heroi-sm in action near Sommanthe,· France, November 5, 1918. When Could we prevail upon you to see that the further recommendations the front-Une Infantry units of the Eightieth Division were held up by for Maj. Donald M. Beere and Lieut. Milton A. Snyder as sent you a overwhelming German artillery and machine-gun fire, Lieutenant Snyder, few days ago are on the list of the War Department should your , with fearless disregard for personal safety and with another officer, · amended bill be successful? pushed out several hundred yards beyond our most advanced Infantry With deep appreciation for all your, efforts in behalf of the World · scouts and Siiipers, and on a coordinate map located the position or War service men. enemy artillery and machine-gun nests, returning with the information We have the honor to be, sir. to our lines through heavy hostile fire and furnishing same to the ad­ ATLANTA POST, No. 1, THE AMEBCAN LEGION, vanced artillery of the One hundred and fifty-seventh Field Artillery FRANK A. HAAS, Acljuta.nt. Brigade in time to destroy or neutralize the . enemy's fire and permit an advance of Infantry units of the Eightieth Division. This work on my part is purely for our buddies. Neither .myself nor Address: No. 6 Ponce de Leon Court, Atlanta, Ga. any of my kinfolk have been recommended for tbese medals.

ATLANTA, GA., Decembe-r !!, 192t. WASHINGTON, D. C., April .9~ 1928. To : The Adjutant General, United States Army. Hon. FRANK A. HAAS, From: J. B. Conyers, former captain, Three hundred and twenty-1irst Atlanta Post~ No. 1, the Amm·ican Legwn, Field Artillery. !24 PcUm01· BwUding, Atlanta, Ga. Subject: Recognition of valor of Milton A. Snyder, former lieutenant, MY DEAR MR. HAAs : Senator BL~ASE has your kind favors of April Three hundred and twenty-first Field Artillery. 6 and 7, together with inclosures in reference to his proposed amend­ 1. '!'hough several years have passed it is my recommendation that ment to H. R. 5898. a deed of valor be rewarded by the granting of a distinguished-service In reply I am pleased -to advise that the Senator's amendment to-day cross to ~Iilton A. Snyder, former lieutenant, Three hundred and twenty­ was adopted in the Senate, and it bas· now gone to the Ilouse for con­ first Field Artillery. sideration. I can assure you that the Senator appreciates your kind 2. On November 3, 1918, while operating with the· Eightieth Division, interest very much and he will be glad if you ·and other members of 1 kilometer north of Buzancy, France, the Infantry were compelled to the Legion will exert youe influence to secure favorable consideration hold their advance because of 'obstinate resistance from· enemy machine­ of the· matter in the House of Representatives. gun fire. The guns could not be located from poin~s of observation With all good wishes· and assuring you of the Senator's high esteem, within our lines, and in spite of the deadly fire Lieutenant Snyder, at I am, · ·great danger of his life, advanced ·alone several hundred feet to a point Very respectfully, of advantage through a raking fire, located the source or the fire, record­ JOHN D. LoNG, Sec·retary. ing it on his map, and returned with the valuable information for the destruction o.f the resistance, which was promptly executed to the great THE AMERICAN LEGIO "~ATLANTA POST, No. 1, morale of our troops, which action and coolness was an inspiration to Atlanta, Ga., April 11, 1928. the troops on all sides, for they saw him go beyond his duty for their Mr. JoHN D. LONG, Secretary, safety and cause. Oare Office of Senator OoZe T. Blease, 3. I have just learned the only reward for this meritorious work was United States Senate Buildting, Washington, D. C. a notation in his officer's record book, and as senior officer of a detail in DEAR SIR: Your communication of April 9, 1928, regarding Senator .the neighborhood at the time I am forwarding this recommendation. BLF.A.S.F.'s amendment to H. R. 5898 received, and we are delighted on its J. B. CONYERS, success so far. We are communicating with friends throughout the Forme-r Captain, Tht·ee hundred and twenty-fh·st Field Artillery. United States to exert every elfort to see this to a successful conclusion. A true copy. · We wrote · the Senator on April 7 regarding the recommendation for Maj. Donald M. Beere and Lieut. Milton A. Snyder. Could you advise To who1n it may co1tcern: us if these officet·s are included on the list the Wnr Department would r hereby certify that on November 3, 1918, while commanding the consider if Senator BLEASE's amendment is finally a law? Express to -1 Company of the Three hundred and eighteenth Infantry, Eightieth Senator BLEASE our sincere appreciation for his many werks. ·Division, the troops of the first line were halted by machine-gun and Very respectfully, artillery-fire resistance on the front and right, and shut otr from view ATLANTA POST, No. 1, THE AMEIUCAN LEGION, br a crest on the immediate front near Buzancy, France. FRANK A. HAAs~ Adjutant. 1929 CONGRESSIONAL RECORD-SENATE 3375 W ASHIYGTON, D. C., April 13, 1928. States Navy and Maline Corps to accept such decorations, orders, and Hon. FRANK A. HAAS, medals as have ueen tendered them by foreign governments in apprecia­ Arljutant Atlanta Post, No. 1, the Amel"ican Legion, tion of services rendered, submit the following written statement ex­ 224 Palmer Building, .Atlanta, Ga. plaining the effect of the action agreed on by the conference committee MY DEAR MR. HAAs: Your complimentary letter of April 11 to hand, and submitted in the accompanying conference report as to each of the for whlch please accept the thanks of Senatot· BLEASE. He also appre­ following amendments, namely : ciates your efforts in behalf of further success for his amendment, No. 1 : By the insertion of the word "Army " the Senate amend­ which has passed the Senate. ment merely includes officers of the Army in the following lists of those The Senator notes your reference regarding the recommendation for who are authorized to accept foreign decorations. Maj. Donald M. Beere and Lieut. Milton E. Snyder. In this connection Nos. 2 to 11, inclusive, designates by name and rank, various officers I will advise that the Senator's amendment is designed to permit the of the Army, NaVy, and Marine Corps, who are authorized to accept consideration of the merits of all cases recommended to the War foreign decorations, and the final paragraph of amendment No. 11 pro­ Department and regardless of the time when such recommendation is vides further "that all recommendations for decoration by the United made. Stntes of America now pending before the War Department, Navy De­ Again thanking you for your kindness and assuring you of the partment, or Marine Corps for services rendered during the World War Senator's esteem, I am, be considered by the proper lJoards or authorities, and awards made in Very respectfully, such cases as the conduct of those recommended shows them to be JoHN D. LONG, Secretary. entitled and deserving of the same." As all of the Senate amendments are in accord with the original THE AMERICAN LEGION, ATLANTA POST~ NO. 1, desire of the bill (H. R. 5898) the managers on the part of the House Atlanta, Ga., April 24, 1928. recommend . that. the House recede from its disagreement to the amend­ Hon. CoLE L. BLEASE, ments of the Senate. Senate Office Building, Washington, D. 0. FnED A. BRITTEN, DEAR SIR: Your amendment -to H. R. 5898, in which we, too, are in­ CLARK BURDICK, tensely interested to pass, has been sent to conference on the request of CARL VINSON, Mr. Thomas S. Butle1·, chairman of Naval Affairs in the House. Managers on the part of the House. Does this mean defeat through lack of time, or do you believe there is a fair chance ot it going through? We are addressing the members- of the joint conference committee [Pub.-No. 515-70th Cong.] asking for their favorable consideration. [H. R. 5898] Very truly yours, An act to authorize certain officers of the United States Army, Navy, THE AMERICAN LEGION, ATLANTA. POST, NO. 1. and Marine Corps to accept such decorations, orders, and medals as FRANK A. ILus, Adjuta11t. have heW tendered them by foreign governments in appreciation of services rendered

WASHINGTON, D. C., April 'l:i, 19~8. Be it enacted, etc., That the following-named officers of the United Hon. FRANK A. HAAs, States Army, Navy, and Marine Corps are hereby authorized to accept Adjutant, t1w American Legion, such decorations, orders, and medals as have been tendered them by f24 Palmer Build4ng, Atlanta, Ga. foreign governments in apprecin tlon of services rendered : -MY DEAR M-R. HAAS: Senate·r BLEASE has your letter of April 24, in United States Navy: Vice G. H. Burrage, Rear Admiral H. P. reference to his amendment to H. R. 5898, which you are interested in. Jones, Rear Admiral P. Andrews, Rear Admil·al C. F. Hughes, Rear In reply the Senator begs to advise that he is afraid that the report Admiral T. P. Magruder, Rear Admiral W. C. Cole, Rear Admiral J. H. of his amendment, having been sent to conference on request of Mr. Dayton, R~ar Admiral Louis M. Nulton, Rear Admiral Y. Stirling, jr., Thomas S. Butler, chairman of the Committee on Naval Affairs in the Rear Admiral Thomas Washington; Rear Admiral W. L. Howard, retired. IIouse of Representatives, means that it will be defeated. Rear Admiral H. Rodman, retired, Rear Admiral J. D. McDonald, You may be assured, however, that he appreciates your efforts in retired, Rear Ado:;tral T. Snowden, retired, Rear Admiral C. L. Hussey, behalf of the favorable consideration o:t this amendment and he expects retired, Rear Admiral A. P. Niblack, retired, Rear Admiral R. Welles, to contklue his endeavors to ha.ve the same passed and enacted into "law. retired, Capt C. A. Abele, Capt. T. L. Johnson, Capt. H. E. Lackey, Hoping that this will be satisfactory and assuring you of his kindest Capt. S. W. Iri-yant, Capt. C. S. Freeman, Capt. K. G. Castleman, Capt. regards, I am F. T. E vans, Capt. H. K. Cage, Capt. A. Andrew, Capt. D. C. Hanrahan. Very respectfully, retired, Capt. F. B. Freyer, Capt. W. F. Halsey, jr., Capt. D. W. Bagley, JOH D. LoNG, Secretary. Capt. C. H. Woodward, Capt. W. P. Scott, Capt. H. Laning, Capt. V. A. Kimberly, Capt. H. L. Brinser, Capt. F. D. Berrien, Capt. R. D. White, [Report No. 1741, House of Representatives, Seventieth Congress, first Capt. L. R. Leahy, Capt. E. H. Durell, retired, Commander J. S. McCain, session] Commander G. C. Logan, Commander S. S. Kennedy, Commander R. E. Byrd, retired, Commander A. T. Church, Commander H. Delano, Com­ AUTHORIZE CERTAIN OFFICERS OF THE NAVY A~D MARINE CORPS TO ACCEPT mander W. L. Beck, Commander R. A. Spruance, Commander A. G. DECOllATIONS, ORDERS, AND MEDALS TEYDERED DY FOREIGN GOVERi'i"­ Stirling, Commander W. T. Smith, Commander J. F. Shafroth, jr., Com­ ME~TS mander J. James, Commander G. H. Laird, Lieut. Commander M. Mr. BRITTEN, from the committee of conference, submitted the follow­ Collins, Lieut. Commander J. M. Deem, Lieut. Commander J. R. Peter­ ing conference report (to accompany H. R. 5898) : son, jr., Lieut. Commander A. Macomb, Lieut. Commander H. F. King­ The comm.ittee of conference on the disagreeing votes of the two man, Lieut. Commander D. C. Ramsey, Lieut. Commander A. W. Dunn, Houses on the amendments of the Senate to the bill (H. R. 5898) to jr., Lieut. Commander H. O'D. Hunter, Lieut. Commander G. E. Brandt, authorize. certain officers of the United States Navy and Marine Corps Lieut. Commander W. C. Hayes, Lieut. Commander J. B. Will, Lieut. to accept such decorations, orders, and medals as have ,been ~endered Commander R. Pfaff, Lieut. Commander W. E. Whitehead, retired, Lteut. them by foreign governments in appreciation of services rendered, hav­ R. Welles, Lieut. B. T. Talbott, Lieut. D. L. Maderia, Lieut. R. A. Ofstie, ing· met, afte.r full and free conference, have agreed to recommend a.nd Lieut. W. A. Brooks, Lieut. D. J. Sinnott, Lieut. F. B. Stoddert, Lieut. do recommend to their respective Houses as follows : W. E. Moore, Lieut. E. D. Snare, Lieut. C. L. Green, Lieut. C. J. Mar­ That the House recede from its disagreement to the amendments of shall, Lieut. E. J. Norcott, retired, Lieut. (Junior Grade) J. K. Lynch, the Senate numbered 1, 2, 3, 4, 5, 6, 7, 81 9, 10, and 11, and from its Rear Admil·al A. M. D. McCormick (Medical Corps}, Capt. W. N. disagreement to the amendment to the title of the bill, and agree to the McDonnell (Medical Corps}, Capt. C. S. Butler (Medical Corps), Capt. same. J. S. Woodward (Medical Corps), Capt. A. B. Cliffot·d (Medical Corps), FRED A. BRITTEN, Commander M. Boland (Medical Corps), Commander R. ·H. Laning CLARK BURDICK, (Medical Corps), Lieut. Commander P. W. Wilson (Medical Corps), CARL VINSON, Lieut. Commander R. W. Hutchinson (Medical Corps), Lieut. Commander Manage-rs on the part of tlle House. E. P. Huff (Medical Corps}, Lieut. Commander R. H. Miller (Medical FREDERICK HALE, Corps), retired, Lieut. J. J. Kaveney (Medical Corps), Rear Admiral S. DAVID A. REED, M;cGowan (Supply Corps), retired, Capt. D. Potter (Supply Corps), CLAUDE A. SWANSON, Capt. N. B. Farwell (Supply Corps), Capt. J. D: Robnett (Supply M anage·rs on the part of tile Senate. Corps), Capt. E. D. Stanley (Supply Corps), Capt. W. J. Hine (Supply Corps), Commander Eugene H. Tricou (Supply Corps}, Lieut. M. J. STATEMENT OF T.HE MANAOERS ON TH.lll :rART OF THFJ HOUSE Stubbs (Supply Corps}, Capt. E. W. Scott (Chaplain Corps}, Com­ The managers on the part of the House at the conference on the mander W. A. Maguire (Chaplain.- Corps), Commander J. W. Moore dlsagreeing votes of the two Houses on the amendments of the Senate (Chaplain Corps), Commander E. A. Brodman (Chaplain Corps), Lieut. to the bill (H. R. 5898} authorizing certain officers of the United Commander T. L. ·Wood (Chaplain Corps}, Chief Pharmacist C. E. LXXI--213 3376 CONGRESSIONAL RECORD-SENATE SEPTEMBER 4 Alexander, Commander R. E. Tod, United States Naval Reserve, and That all recommendations for decoration by the United States of Commander J. L. Calla.n., United States Naval Reserve. America now pending be!ore the War Department, Navy Department, United States Marine Corps : Col. Julius S. Turrill, Col. Douglas C. or Marine Corps for services rendered during the World War be con­ McDougal, Lieut. Col. James K. Tracy, Lieut: Col. James J. Meade, sidered by the proper boards or authorities and awards made in such Maj. Calvin B. Matthews, Maj. Samuel M. Harrington, Maj. Alexanrler cases as the conduct of those recommended shows them to be entitled A. Vandegrift, Maj. Harry L. Smith, Maj. William H. Rupertus, Maj. and deserving of the same. Allen H. Turnage, Maj. M. B. Humphrey, Capt. William F. Beattie, Approved, May 26, 1928. Capt. Louis J. Hughes, and Marine Gunner Theodore C. Lait.sch. United States Army : Col. Bailey K. Ashford, Medical Corps ; Maj. THE AMERICAN LllGION, ATLANTA POST, No. 1, Gen. Edwin B. Babbitt, retired; Lieut. Col. Joseph H. Barnard, Field .Atlanta, Ga., June 4, 1928. Artillery; Capt. Alfred Ilko Barton, Adjutant General Reserves; Maj. The Hon. CoLE L. BLE.ASE, Joseph E. Barzy~ Quartermaster Corps; Capt. James D. Basey, Senate Oflice Build-lng, Wash-ington, D. 0. retired ; Maj. William M. Beaman, Engineer Reserves ; First Lieut. Wil­ DEAR SrR : The final passage of your amendment to H. R. 5898 !or liam C. Bennett, jr., Corps or Engineers; Maj. Gen. Charles W. Berry, the award of medals to World War veterans was an event we can not sr., Reserves; Maj. Gen. Tasker H. Bliss, retired; Lieut. Col. Stephen let pass without expressing to you our appreciation and thanks for this Bonsai, Military Intelligence Division Reserves; Lieut. Col. Allan L .. splendid work. Briggs, Infantry ; Maj. Gen. Robert L. Bullard, retired ; Capt. Benjamin There were others who helped mag.nificently, but it was you that bad F. Catrey, jr., Infantry; Capt. Daniel J. Canty, Quartermaster Corps; the vision to recognize the unfairness or conditions in rewarding valor Maj. James E. Chaney, Air Corps; Lieut. Col. Harry N. Cootes, Cavalry; and corrected it with forceful, intelligent directness. We salute you Maj. Gen. Enoch H. Crowder, retired; Maj. Fred T. Cruse, Field Artil­ and honor you for your services. · lery ; Lieut. Col. Guy Cushman, retired; Maj. Herbert A. Dargue, Air Would you render u.s one other favor by examining the inclosed papers, Corps; Maj. Howard C. Davidson, Air Corps; Capt. Anthony Bigelow which are copies or the originals on file in Washington, and then vigor­ Day, Medical Reserves; Col. Edward T. Donnelly, retired; Maj. Lee Roy ously contacting the War Department that the recommendations con­ Dunbar, Medical Corps; Maj. John M. Eager, Field Artillery; Capt. Ira tained in these papers be fulfilled? Believe us to be always at your C. Eaker, Air Corps; Maj. Gen. Clarence R. Edwards, retired; Maj. service. Henry W. T. Eglin, Coast Artillery; First Lieut. Muir S. Fairchild, Air We have the honor to be, sir, Corps; Col. John P. Finley, retired; Maj. Allen S. Fletcher, Philippine THE ATLANTA POST, No. 1, THE A.hlllUUCAN LEGION, Scouts; Col. Frederick S. Foltz, retired; Lieut. Col. Clyde S. Ford, By FRANK A. HAAS, .Adjutant. retired; Lieut. Col. William F. H. Godson, Cavalry; Lieut. Col. David Marvin Goodrich, Cavalry Reserves ; Maj. Ephraim F. Graham, retil·ed ; PBrNDLJ:TON, S. C., June 8, 19!8. Lieut. Col. Ulysses S. Grant, Bd, Corps of Engineers ; Capt. Samuel A. Hon. FRANK A. HAAS, Greenwell, Cavalry; Maj. Gen. James G. Harbord, retired; Maj. William Adjutant, Atlanta Post, No. 1, the American Legion, Lee Hart, Medical Corps; Brig. Gen. William W. Harts; Col Guy V. Atlanta, Ga. Henry, Cavalry; Maj. William Joseph Hillas, Medical Reserves; Brig. DEAR MR. HAAS: Senator BLEAS1D has your very kind favor of June 4, Gen. Roy Hoffman, Reserves; Capt. Nelson M. Holderman, retired; for which please accept the Senator's sincere thanks. It is a joy to labor Maj. Otto Holstein, Military Intelligence Division Reserves; Lieut. Col. for those who respond with such splendid appreciation, and I can assure Harry S. Howland, retired ; Maj. Edgar Erskine Hume, Medical Corps ; • you that the war veterans of America have a close hold upon the Maj. Gen. Merritte W. Ireland; Maj. Leroy Hodges, Ordnance Reserves; Senator's affections. Capt. William W. Jenna, Infantry; Maj. Herbert Spencer Johnsou, I am inclosing herewith copy of letter which has this day been for­ Infantry Reserves; Col. Wait C. Johnson, Infantry; Maj. William A. warded to the Hon. Dwight F. Davis, Secretary of War, and which the Jones, Infantry; CoL Charles E. Kilbourne, Coast Artillery; Lieut. Col. Senator hopes will be productive of the desired results. Wallace Whitney Kirby, Engineer Reserves; Lieut. Col. Arthur B. Kratz, With all good wishes and again assuring you of the Senator's appre­ Engineer Reserves; Lieut. CoL Ben Lear, jr., Cavalry; Maj. Gen. Hunter ciation and kindest regards, I beg to be Liggett, retired ; Col. Charles A. Lindbergh, Air Corps Reserves ; Capt. Very respectfully, Arthur B. McDaniel, Air Corps; Maj. Dale F. McDonald, Infantry; Capt. JoHN D. LoNG, Secretary. William McFarland, Medical Administrative Corps; Col. Joseph Wallace Mcintosh, Quartermaster Corps Reserves; :Maj. Rufus F. Maddux, PENDLETON, S. C., JUM 8, 19B8. Chemical Warfare Service; Capt. Walter Mulford Mann, Infantry; Capt. Hon. DWIGHT F. DAVIS, Clarence Augustus Manning, Military Intelligence Division Reserves; Beet·etary of War, Departme1~t of War, Wa8hington, D. 0. Lieut. Col. John C. Montgomery, retired; Maj. Horace Morison, Quarter­ DEAR MB. S:mcRETABY: Senator BLEASE is advised that his amend- · master Corps Reserves ; Lieut. Col. Charles G. Mortimer, Quartermaster ment to H. R. 5898 for the award or medals to World War veterans has Corps; Col. T. Bentley Mott, retired; Lieut. Col. Hugh A. Parker, In­ been enacted. fantry ; Maj. Albro L. Parsons, jr., Medical Corps; Maj. Gen. Mason M. The Senator begs to bring to your attention the inclosed papers, Patrick, retired; Maj. George S. Patton, Cavalry; Col. Robert U. Pat­ which are copies of originals on file in the War Dep.artment at Wash­ terson, M~dical Corps; Gen. John J. Pershing, retired; Lieut. Col. ington, and he will appreciate very much your kindness in seeing that Arthur Poillon, Cavalry; Maj. George W. L. Prettyman, Field Artillery the recommendations contained in these papers be fulfilled as early as Reserves ; First Lieut. Charles McK. Robinson, Air Corps ; Col. Kyle possible. Rucker, Judge Advocate General's Department; Lieut. Col. Francis A. Thanking you for your courtesy, and with assurances or the Senator's Ruggles, Field Artillery; Capt. Saint Clair Streett, Air Corps; Col. John high esteem, I beg to be Guy StrohiD, Medical Reserves ; Maj. Gen. Harry Taylor, retired ; First Very respectfully, Lieut. Bernard S. Thompson, Air Corps ; Maj. Harold Thompson, Cav­ JOHN D. LoNG, Beoretary. alry ; Colonel Francis Bowen Upham, Adjutant General Reserves ; Maj. Frank Clayton Vincent, Infantry Reserves; Maj. Roland F. Walsh, W AB DEPARTMENT, Quartermaster Corps; First Lieut. Leonard D. Weddington, Air Corps; Washington, June .t.+, 1928. First Lieut. Ennis C. Whitehead, Air Corps; Maj. Franklin L. Whitley, Hon. CoLE L. BLEASE, Adjutant General's Department; Capt. Royden Williamson, Cavalry; UnU:ca State.tJ Senator, Columbia, B. 0. Capt. Charles A. Willoughby, Infantry; Capt. Ira Ayer, Medical Re­ DEAR SENATOR BLEASE : Receipt is acknowledged o! your letter o! the serves; Maj. Gen. David Prescott Barrows, Reserves; Col. William 8th instant with which you inclosed copies or papers pertaining to the Merriam Chadbourne, Chemical Warfare Reserves ; Maj. Gen. B. Frank award of the distinguished-service cross to Maj. Donald M. Beere and Cheatham, the Quartermaster General; Maj. Sherman Montrose Craiger, First Lieut. Milton A. Snyder, Three hundred and twenty-first Field Finance Reserves; Maj. Edmund L. Daley, Corps of Engineers; Lieut. Artillery, and re!er to recent legislation permitting the consideration Col. Warren· Jefferson Davis, Signal Reserves; Capt. John H. Dawson, of recommendations for decorations now on file in the War Department. Medical Administrative Corps; Brig. Gen. John Ross Delafield, Ordnance The cases of Major Beere and Lieutenant Snyder will be investigated, Reserves; Col. Andrew J. Dougherty, Infantry; Maj. Gen. William and at the conclusion o! the investigation, which may require con­ Nafew Haskell, Reserves; Col. John Philip Hill, Cavalry Reserves; siderable time, I will again communicate with you. Lieut. Col. Campbell B. Hodges, Infantry; Col. Noble B. Judah, Field Sincerely yours, Artillery Reserves ; Lieut. Col. James I. Mabee, retired ; Maj. Gen. C. P. SUMMERALL, Charles H. Martin; Capt. .Jeremiah .Joseph Murphy, Engineer Reserves; .Acting Secreta?'1/ ot War. Brig. Gen. William J. Nicholson, retired ; Brig. Gen. William Barclay Parsons, Auxiliary Reserves ; First Lieu_t. Nathan Philip Ruditsky, GREENVILLE, S. C., June W, 19f8. Military Intelligence Division Reserves; Col. Lucius A. Salisbury, Medi­ Mr. .JOHN D. LONG, cal Reserves ; Maj. William H. Shutan, Quartermaster Corps ; Maj. Gen. Secreaf'11 to Senator OoZe L. Blease, Pendleton, S. 0. _ Robert Henry Tundall, Reserves ; Maj. ·James A: Ulio, Adjutant Gen­ DEAR MR. LoNG: Complying with the request of Senator BLEASE, I eral's Department; Col. Leroy Hodges, Reserve Corps. am sending to you the inclosed copy of my letter to Senator L. D. 1929 CONGRESSIONAL RECORD-SENATE 3377 Tyson, together with true copies of the certificates made by Lieut. Col. PENDLETON, · S. C., June 29, 1.9f8. J. C. Persons and Col. Robert H. Peck. Maj. Gen. LUTZ WAHL, Colonel Persons, who is president of the American Traders National 0/fioe of The Adjutant General, Departtnent of War, Bank, Birmingham, Ala., recently recommended that I be awarded the Washington, D. C. D. S. C. and sent me copies of these certificates. DEAR GENERAL: Senator BLlliASE is advised that cases for the award­ As I am going to training camp on active duty at Fort McPherson, ing of the distinguished service cross are to be considered by The Atlanta, Ga., from July 1 to July 15, I would certainly like to receive Adjutant General's Department of the War Department to ·determine this award, if possible, while on active duty; and Gen. Carey F. Spence, which ones should be submitted to the board of awards for final who is in command of my brigade, and on whose staff I will serve, told judgment. me to take this matter up with General Tyson, and I am indeed glad Inclosed is a copy of recommendation in the case of Capt. M. A. that Senator BLEASE stated that he would also write to the War De­ Snyder which was made after a former board completed its action and pat·tment in my behalf. which under the recently enacted law makes this case eligible for con­ Senator Tyson stated that be was not positive that this amendment sideration. had been favorably acted upon or whether it would cover recommenda­ The Senator feels that this is a worthy and very deserving case. He tions made at this time, and I am glad to know that you have received will, therefore, appreciate highly any action which you may be in posi­ the information that this act has been made law. tion to take in expediting the favorable consideration of same. - Thanking you for any assistance you can give, I am, Thanking you for your courtesy, I beg to be, sir, Yours very sincerely, Very respectfully, C. B. Bmm, JOHN D. LONG, Secretary. Captain, Infantry ResCf"Ve. Address : Bond-Sanders Paper Co., ~ashville, Tenn. WAR DEPARTMENT, THE ADJUTANT GENERAL'S OFFICE, PENDLETON, S. C., June 2!, UJ0..8. Washington, July 2, 1928. Hon. DWIGHT F. DAVIS, Hon. COLE L. BLEASEl, Secretary of War, Depat·tment of War, Washington, D. C. United States Setwtor, Columbia, S. C. DEAR MR. SECRETARY: Senator BLEASE will appreciate very much your My DE.A.R SENATOR BLEASE: I desire to acknowledge receipt of your kind attention to the attached copies of letters appertaining to the letter of June 29, with which you inclosed a copy of a recommendation award of military medal to Capt. C. B. Bond, captain, Infantry Reserve, submitted by William T. Holland, formerly first lieutenant, One hundred Bond-Sanders Paper Co., Nashville, Tenn. and fifty-seventh Field Artillery Brigade, for the award of the distin­ Thanking you for your courtesy and with assurances of the Senator's guished service cross to Maj. Milton A. Snyder, Field Artillery Reserve, high esteem, I beg to be and ask that the recommendation be considered for an award. Very respectfully, The original recommendation, dated December 3, 1926, is on file in JOHN D. LoNG, Secretary. the War Department. The copy which you inclosed is therefore· re­ turned herewith. I have referred the case of Major Snyder to the board of awards in the department, and when final action has been THE AMERICAN LEGION, ATLANTA POST NO. 1, taken in his case I shall again communicate with you. Atlanta, Ga., June 25, 19'e8. Very respectfully, Senator COLE BLEASlll, LUTZ WAHL, United States Senate, Washington, D. C. Major General, Tile Adjutant General. MY DEAR SENATOR: We are informed that cases .for the awarding of the distinguished-service cross are to be considered by The Adjutant WAR DEP.AR'l'MENT, General's Department of the War Department, to determine which ones THE ADJUTANT GENER.U)S OFFICE, should be submitted to the board of awards for final judgment. Washington, July 13, 1928. Inclosed is a copy of recommendation in the case ' of Capt. M. A. Hon. CoLE L. BLEASE, Snyder which was made after a former board completed its action and United States Senator, Columbia, S. a. which under the recent enacted law makes this case eligible for con­ MY DEAR SENATOR BLEASE: Further reference is made to your letter sideration. of June 29, 1928, in regard to the award of the distinguished-service You have been interested in this worthy ~ase, and your killdness in cross to Maj. ' Milton A. Snyder, Field Artillery Reserve, formerly first sending the inclosure to The Adjutant General with. request that it be lieutenant, One hundred and fifty-seventh Field Artillery Brigade, for submitted to the official now reviewing these -recommendations will be his conduct in France during the World War. greatly appreciated. We are anxious to secure full consideration of · The recommendations of Churchill B. Mehard, formerly lieutenant this meritorious matter by the board and feel sure it will be so con­ colonel Three hundred and twenty-first Field Artillery, and William T. sidered if your letter with the inclosure reaches the official in charge. Holland, formerly first lieutenant One hundred and fifty-seventh Field We desire to avoid an adverse report due to lack of complete information. Artillery Brigade, together with the previous recommendations received We have the honor to be, sir, in the case of Major -Snyder, have been most carefully considered by the AMERICAN LEGION, ATLANTA PosT, No. 1, board of awards in the War Department, and it has been decided that FRANK A. H..us, Adjutant. the act performed by this officer, while commendable_ and gallant, does Inclosure acknowledged by The Adjutant General, March 25, 1927. not meet the standard set by law for the award of the distinguished­ service cross. The silver-star citation heretofore awarded to him is con­ sidered to be the appropriate reward for the measure of gallantry dis­ WAR DEPARTMENT, played. Washington, June Zl, 1928. ' I regret my .inability to give you a more favorable reply. Hon. COLE L. BLEASE, Very respectfully, United States Senator, aolttmbia, S. a. LUTZ WAHL, DEAR SlilNATOR BLE.ASE : Receipt is acknowledged of your letter of the Majcn· General, The Adj1'tant General. 22d instant with which you inclosed copies of letters pertaining to the award of the distinguished service cross to Capt. C. B. Bond, Infantry WAR DEP.ARTl\IENT, Reserve, Bond-Sanders Paper Co., Nashville, Tenn. Washington, D. C., July 11, 1928. The time limit set by law within which the distinguished service cross Hon. COLE L. BLEASE, could be awarded for an act performed during the World War, expired United States Senator, Columbia, 8. a. on April 7, 1923. By act of Congress approved May 26, 1928, the War DEAR SENATOR BLEASE : Further reference is made to your letter of Department is authorized to consider recommendations for decorations June 8, 1928, relative to the award of the distinguished-service cross to " now pending " before the department. The words " now pending " as Maj. Donald M. Beere, Field Artillery, and Maj. Milton A. Snyder, Field used in the law, limit its applicability to those cases in which recom­ Artillery Reserve, in which letter you refer to recent legislation permit­ mendations for decorations were pending in the department on the date ting reconsideration of recommendations for decorations. of the enactment of the law on May 26, 1928. The recommendation for The recommendations of Churchill B. Mehard, formerly lieutenant distinguished-service cross, made in behalf of Capain Bond, was re­ colonel Three hundred and twenty-first Field Artillery, and Wllliam T. ceived on June 5, 1928, and inasmuch as it was not on file in the Holland, formerly first lieutenant, One hundred and fifty-seventh Field department on May 26, 1928, the department can not act upon his case Artillery Brigade, together with the previous recommendations received. as the law precludes such action. in the cases of Majors Beere and Snyder, have been most carefully con­ Sincerely yours, sidered by the board of awards in the War Department and it has been DWIGHT F. DAVIS, decided that the act performed by these officers, while commendable and 8ecretarv of Wa-r. gallant, does not meet the standard set by law for the award .of the dis- 3378 CONGRESSIONAL RECORD-SENATE SEPTEl\IBER 4

tinguished-service cross. The silver-star citations heretofore awarded American labor, and for other purposes. In connection with and to them are considered to be appropriate rewards for the measure of accompanying the bill I submit the report of the Finance Com- . gallantry displayed. mittee on the bill (Rept. No. 37). Thanking you for your continued interest in the service and regretting The VICE PRESIDENT. The bill will be placed on the my inability to give you a more favorable reply, I am, calendar. Sincerely yours, Mr. WALSH of Massachusetts. Mr. President, may I ask DWIGHT F. DAVIS, the Senator if he is going to have the report printed in the Secretary of War. RECORD? Mr. SMOOT. It will be printed in the usual form under the WAR DEPARTMENT, law. THE ADJ"UTANT GENERAilS OFFICE, Mr. WALSH of Massachusetts. I think it should be printed Washington, August f8, 19Z9. in the REOORD. Hon. CoLE L. BLEASE, The VICE PRESIDENT. Without objection, the report will United States Senate. be printed in the RECoRD. MY DEAR SENATOR BLEASE: Reference is made to your letter of The report (No. 37) this day submitted by Mr. SMOO'I' is as June 8, 1928, addressed to the Secretary of War, and your letter of follows: June 29, 1928, addressed to this office, concerning the recommendations [S. Rept. No. 37, 71st Cong., 1st sess.] for the award of the distinguished-service cross to Maj. Donald M. THE TARIFF ACT OF 1929 Beere, Field Artillery, formerly lieutenant colonel Three hundred an«!_ Mr. SMOOT, from the Committee on Finance, submitted the following twentieth Field Artillery, and Milton A. Snyder, formerly first lieuten- report (to accompany H. R. 2667) : ant, One hundred and fifty-seventh Field Artillery Brigade. ' The Committee on Finance, to whom was referred the bill (H. R. The cases of Major Beere and Lieutenant Snyder have received fur­ 2667) to provide revenue, to regulate commerce with foreign countries, ther consideration by the decorations board in the War Department, and to encourage the industries of the United States, to protect American as a result of additional evidence tbe board has recommended and the labor, and for other purposes, having had the same under consideration, Secretary of War bas approved of the award of the distinguished-service reports favorably thereon with amendments and, as amended, recom- cross to these officers. mends that the bill do pass. Very respectfully, JAMES F. McKINLEY, SCHEDULE !.-CHEMICALS, OILS, AND PAINTS Brigad«}r fkncrcLZ, Schedule 1, as revised by the committee, represents a decided decrease Acti,ng TJte Adjutant GeneraJ. in the bill as passed by the House of Representatives and a very small increase over the rates in the act of 1922. THE PRESIDENT's POWE& TO REVISE TARIFF DUTIES The equivalent ad valorem rate on all chemicals and allied products Mr. TYDINGS. Mr. President, I ask unanimous consent to entered for duty under Schedule 1, based on the imports during 1928, have printed in the RECORD an editorial from the Baltimore Sun is 29.83 per cent in the Senate bill, as compared with 32.34 and 29.32 ,of August 30 last dealing with the power of the President to per cent, respectively, in the House bill and in the act of 1922. This revise tariff duties. is a decrease of 7.8 per cent in the equivalent ad valorem of the House The VICE PRESIDENT. Without objection, it is so ordered. bill and an increase of 1.7 per cent over the act of 1922. The ad The editorial is as follows: valorem rate of the chemical schedule is substantially lower than that in [From the Baltimore Sun, August 30, 19291 most of the other dutiable schedules. The calculated revenue from the chemical schedule as revised, based A VICious PROPOSAL on imports during 1928, is $28,167,754, or $2,366,981 less than is shown By authorizing the President to make tarllf changes to equalize "com- in the House bill and $481.288 more than in the act of 1922. petitive conditions'' the Republicans of the Senate Finance Committee, The committee received requests for rate changes in 50 of the 98 following the lead of the House, have paved the way for all manner of paragraphs of the House bill. Rates were changed in 35 paragraphs, tariff making by Executive decree. If the test of the President's power 6 commodities received specific mention, and a change in phraseology to make as much as 50 per cent increases and decreases in the tariff is was made in 5 paragraphs. A total of 74 rates were changed-56 repre­ to be "competitive conditions" it means that the personal charm of senting decreases and 18 increases. Of the decreases, 19 were by transfer British or German salesmen, the disposition of Paris exporters to show from the dutiable to the free list. The increases concern chiefly those American importers around their town, and the speed and courtesy with industries in which competition from imports was particularly severe or which foreign exporters fill American orders all become possible bases existing rates of duty . failed to equalize di1ferences in domestic costs for tariff changes. of production and foreign prices. Most of the decreases were on com- The Federal Trade Commission has issued orders against liberal treat- modities in the manufacture of which the domestic industry is firmly ing by traveling salesmen-giving away lots of cigars, etc.-as "unfair established and foreign competition negligible. These commodities in­ competition." By the same token the tari1f might be raised on French elude nitric acid, calcium carbide, carbon tetrachloride, synthetic indigo, wares because thirsty American importers, dined .and wined in the sulphur black, and ink and ink powders. French capital, acquired a friendly disposition toward French exporters A departure from the course pursued by the Ways and Means Com- to the competitive disadvantage of American manufacturers. mittee was the recommendation by the committee for decreases even The idea of competition is relatively simple, but its manifestations though no requests had been received by either committee of Con­ take countless forms and are extremely subtle. There iB no way on gress. It was the opinion of the committee that the rates on certain earth to measure all of them and provide a formula for equalizing com- products in the act of 1922 were unn~essarily high becaul:le of changed petitive conditions. It is a matter of judgment. conditions in the industry following the passage of that act. The present flexible tari.fi: law authorizes rate changes when necessary · Articles transferred from the dutiable list to the free list are: to equalize costs of production. It is an extremely clumsy arrangement. Nitric acid. Ergot. There is no agreement on just what cost of production includes. Cost Bleached shellac. London purple. figures are naturally hard to get from foreign manufacturers, who know Crude chicle. Kieserite. they may be used to increase tari1fs. For many commodities there are Tea waste. Rapeseed oil (when denatured). thousands of costs of production, and the choice of particular ones for Sarsaparilla root. Sesame oil (when denatured). tariff making involves a difficult judgment. Gentian. Sunflower-seed oil (when dena· But while cost of production is a slippery basis for adjusting tariti Belladonna. tured). rates it is infinitely more capable of objective measurement than " com- Digitalis. Eucalyptus oll. petitive conditions." Under the "competitive conditions" standard the Henbane. Arrowroot starch. President, acting in conjunction with the Tariff Commission, is given Stra.monium. Tar and pitch of wood. far greater leeway than he has at present to make tarjff changes. The above articles are in addition to the 12 items transferred to tne If a " workable " standard for flexible tariff changes is what is desired free list in the House bilL the plan of equalizing competitive conditions provides it. It can be SYNTHETIC ORGANIC CHEMICALS worked beautifully and would make possible a large transfer of tariff The outstanding development in the domestic chemical industry making from Congress to administrative departments. since the war .is in the organic field which, in the main, divides itself If, however, the desire is to have tari1f rates made by Congress under into two groups-non-coal-tar and coal-tar chemicals. conditions that give the public a chance to know what is going on, the Paragraph 2: Progress in the non-coal-tar organic chemical industry scheme proposed is a vicious one. has probably equaled that in tbe coal-tar chemical industry. This is REVISION OF THE TARIFF notably true in the development of hydt·ocarbon derivatives covered Mr. SMOOT. Mr. President, from the Committee on Finance in paragraph 2, in solvents, fermentation chemicals, and other syn­ I report back favorably with amendments the bill (H. R. 2667) thetic products. From acetylene and from hydrocarbon gases derived to provide revenue, to regulate commerce with f-.>reign countries, from natural gas and other sources, an entirely new synthetic organic to encourage the industries of the United States, to proted industry has been developed in the United States. Increased produc- 1929 CONGRESSIONAL RECORD-SENATE 3379 tion of some of the derivatives has been extraordinary and accom­ casein. Over half of the domestic consumption is supplied by imports. panied with a pronounced decline in prices. One of the most important In granting an increase of no more than 1 cent per pound the commit­ products is ethylene glycol, used as a partial substitute for glycerin in tee considered the pronounced trend toward substitution {)f super­ the manufacture of low-freezing dynamite and as an antifreeze in auto­ calendered for coated paper, in the production of which over 75 per mobile radiators. Domestic consumption increased from 10,000 pounrls cent of domestic consumption of casein was formerly used. _ in 1922 to nearly 12,000,000 pounds in 1927, while the price decline PARAGRAPHS 27-28.-COAL-TAR CHEMICALS in that period was from $1 to 27 cents. During the war and under the protection afforded oy the present Paragraph 4. Alcohols : The phrase " all the foregoing whether pri­ tariff act the growth of the coal-tar chemical industry was phenomenal. mary, secondary, or tertiary," has been added in order to eliminate In 1913 a small quantity of domestic dyes had been produced almost doubt as to the inclusion of the various types of each alcohol men­ exclusively from imported intermediates. In 1927 al>out 94 per cent tioned by name in paragraph 4. For example, there are at least 2 by quantity and about 80 per cent by value of all dyes consumed in types of propyl alcohol, 4 types of butyl alcohol, and 8 types of amyl the United States were of domestic manufacture, and there was an alcohol. The phrase "and mixtures in chief value of any one or more exportable surplus of indigo and sulphm· black. of the foregoing," has been added in order to prevent the evasion of Recent years have been characterized by sharp competition among duty by the addition of a small amount of another material which might result in the classification for the purposes of duty of this mix­ domestic dye producers and by declining price levels for dyes-in fact, ture in another paragraph at a lower rate. many now sell for less than in 1913. '!'here bas been a highly credit­ able development in the domestic output o.f vat and other fast dyes The production of industrial alcohol (ethyl alcohol) exceeds in which hold a popular interest because of high fastness and ultimate quantity .and value that of any organic chemical. About 40 per cent economy in use. {)f the output is consumed as an antifreeze for automobile radiator;:. Other important uses are in the cellulose industry (lacquers, pyroxylin, Under the provisions of the tariff act of 1922 the original ad valorem rayon, and films) ; as a solvent for shellac and 'varnish; in the prepa­ rates in paragraphs 27 and 28 of 55 and 60 per cent, respectively, were ration of pharmaceuticals, perfumes, and many other products. At reduced on September 22, 1924, to 40 and 45 per cent. the present time most of the alcohol is produced from blackstrap After careful consideration of the status of the coal-tar chemical molas. es, and smaller quantities from corn. That synthetic ethyl industry and of the increase in imports of dyes, the committee recom­ alcohol may become of commercial importance in the near future is mended the retention of the provision for assessment of duties on the basis of American selling price on those products made in the United indicat~ by a suocessful test of 30 days (in May) by one of th~ · leading chemical companies, using as raw material one of the con­ States, and of United States value (the selling price of the imported stituents of natural gas. Synthetic methyl, amyl, and propyl alcohols articles less certain statutory deductions), on those products not made in the United States. are alt·eady produced commercially on a large scale in this country. Other non-coal-tar organic chemicals : Products showing great progress Paragraph 27: Subparagraph (b) makes provision for carbolic acid, in recent years include citric and formic acids, and synthetic acetic acid refined cresylic acid, meeting the prescribed tests, and phenol, at 20 per and acetone. Domestic production of citric acid by fermentation of cane cent ad valorem and 3lh cents per pound, confirming the presidential sugar, with the output of the California by-product citrus industry, has proclamation on these products which reduced the rates from 40 per rendered the United States independent of foreign sources for acid and cent ad valorem and 7 cents to 20 per cent and 372 cents per pound. for raw materials. Under the act of 1922 the increase in imports of In addition, three derivatives of cresol, namely, metacresol, orthocresol, citric acid, chiefly in the form of duty-free lemon juice, was significant and paracresol, were provided for at 20 p~r cent ad valorem and 3lfl until 1927 and 1928, when the small lemon crop in Italy caused a cents per pound. "--.-.. shortage in Europe and a price fot· citric acid higher than in the United Paragraph 28: The rates on synthetic indigo and sulphur black, the States. With a normal lemon crop in Italy inuicated for this year, im­ two important low-priced bulk colors, were reduced from 7 cents per ports of citric acid either in the form of citrons materials or as a pound and 45 per cent ad valorem to 3 cents and 20 per cent. For the finished product, will probably again increase. The committee con­ 5-year period ending with 1928 these two dyes represented nearly 48 curred in the House transfer of citrons juices to the dutiable list. per cent by quantity and over 16 per cent by value of the total dye Late in 1928 the domestic production of formic acid was commenced production, and the greater part of our export of dyes now consists of by two manufacturers and marked the first output since 1923. A duty the two colors. of 4 cents per pound on formic acid should permit the new industry to PARAGRAPH 31 (A) (!).-CELLULOSE ACETATE WASTE continue. The phrase " cellulose acetate rayon waste and other cellulose acetate PARAGRAPH 7.-FIXED NITROGEN waste" was stricken out of the House bill and " waste wholly or in The increase in world production of fixed nitrogen is one of the most chief value of cellulose acetate" inserted in lieu thereof. The new remarkable postwar achievements of the chemical industry. Consump­ language is intetided to cover the cellulose acetate waste resulting from· tion of atmospheric nitrogen now exceeds that o[ Chilean nitrate of the manufacture of blocks, sheets, rods, and other forms as well as soda, formerly the chief somce of supply. Although the United States from the mnnufacture of the above forms into finished articles. In entet·ed this field somewhat later than European nations, the $50,000,000 addition, it is intended to cover the waste filaments, fibers, and yarns thus far invested ranks synthetic nitrogen as one of the important from cellulose acetate artificial sllk. chemical industries, with a capacity that will render us independent of PARAGRAPH 31 (B) (!).-PYROXYLIN SHEETS FOR SAFETY GLASS Chilean nitrate of soda for nitric-acid manufacture. The availability of cheap nitrates and nitric acid is of great economic value to inrem duty or the equivalent specific rate on all fats and oils, to increase Because of comparati-vely high transportation costs imported brick does the price level ; and the soap makers, others consumers of inedible oils, not move to inland points, and accordingly the proposed duty of $1.25 and laundry interest s, requesting free inedible vegetable oils to afford an per thousand would not affect the prices for that commodity at points adequate supply of raw mat erials. Coconut oil is predominantly . the distant from the seaboard. It would, howe-ver, benefit the producers most important of impor ted vegetable oils and constitutes 47 per cent in the Hudson River district who sell practically their total output in of our total imports of fats and oils (including the oil in copra). Over New York City. 99 per cent of the imported coconut oil enters free of duty from the PARAGRAPH 202.-EARTHEN TILE , and the committee deemed it unwise to disturb existing relations with the islands by imposing a duty or by limiting imports. A considerable proportion of the wall tile imported consists of articles With this decision an increase in duty on other fats and oils was not known as strips and tTim tiles. Such articles also constitute an im­ considered advisable. Furthermore, drastic increases might reflect un­ portant part of the domestic production of glazed-wall tile. Because favorably on our large e...yportable surplus of edible fats, chiefly lard, of the comparatively low selling prices in the United States of the which totals annually about 800,000,000 pounds, because of the transfer imported commodities the sales of the domestic articles have beeu of foreign oils to markets now using domestic exported oil. Attention considerably curtailro, w1th a resultant decline in employment of was called to the fact that there was also a deficit of more than 700,- American workmen. Comparisons of the selling prices of comparable 000,000 pounds of inedible oils used by the soap and inedible fat-con­ domestic and imported articles indicates that the rates of duty under suming industries. In order to aid in supplying this deficit, without the existing law do not adequately protect the American industry. The impairing the existing price level of edibl~ oils and fats, the committee increases in rates have b~n given in order to more nearly equalize the transferred sesame and sunflower-seed oils, when denatured so as to be selling prices of the competing domestic and foreign commodities in unfit for edible purposes, from the dutiable list to the 'free list. A simi­ important s-eaboard markets. lar transfer was made of rapeseed oil, used chiefly in compounding PARAGRAPH W5.-CElllENT lubricating oils, for which pmpose it is not competitive with any oil Because of comparati-vely high transportation costs in this conntry, produced in the United States. imported Portland cement competes with the domestic product prin­ The rate of duty on soy-bean oil was decreased from 5 cents per cipally at American seaboard points, and the domestic cement plants pound, as provided in the Hou e bill, to 2..8 cents per pound but not most affected by the competition from foreign sources are those adjacent l~ ss than 45 per cent ad valorem, which conforms with the request of to the seaboard which ordinarily supply seaboard markets. Ninety per the agricultural interests. ce.nt or more of the imports, for the most part from , are The rate of duty on linseed oil was decreased from 4.16 cents per entered free of duty. The great bulk of the imports has been sold in a pound in the House bill to 3.7 cents per pound to conform with the relatively few important markets on the Atlantic, Gulf, and Pacific rate proclaimed by the President .after investigation of production costs coasts, and importation free of duty has enabled importers to undersell by the Tariff Commission. This rate allows a compensatory duty on the domestic producers at these points. The prices for domestic cement flaxseed, the president ii\1 proclamation rate for which was also in these markets-in most instances considerably lower than the prices recommended. prevailing at points distant from the seaboard-indicate that the Ameri­ PARAGRAPH 58.--{)IL MIXTURES can producers have found it necessary to materially reduce their prices The phrase " but not less than the rate applicable to the component in order to dispose of. their product in such markets. A duty of 8 cents material subject to the highest rate of duty'' inserted in H. R 2667 per 100 pounds, which is equivalent to 30.4 cents per barrel, is imposed was approved by the committee. in order to more nearly equalize the spread between the prices of the This will prevent the evasion of duty on an individual oil in para­ competing domestic and foreign products. graphs 53, 54, or 55, by importation of a mixture containing a small PARAGRAPH 207.-ACTIVATED JIARTH amount of another oil at the bask~t- clause rate of 25 per cent, as com­ A specific provision has been made in this paragraph for earths arti­ parro with the specific rate which, in many cases, is higher than the ficially activated with acid or other material. Such earths are usually 25 per cent rate. An example is the importation of linseed oil containing treated with sulphuric or hydrochloric acid. This provision does not a small amount of naphtha or soy-bean oil at 25 per cent, which is less include within its scope earths which have been activated solefy by the than the specific rate on linseed oil. This mixture is suitable for prac­ application of heat. tically the same uses as the pure linseed oil. PARAGRAPHS 211-212.-EABTHENWARE AND CHINA TABLEWABE PARAGRAPH 62.-BATH SALTS .A:ND TABLETS There has been considerable unemployment in the tableware branch Administrative difficulties in regard to the classiftcation of bath salts of the domestic pottery industry in recent years, and competitive condi­ and tablets under the act of 1922 have occurred. Medicinal salts and tions indicate that the industry is in need of additional protection. The tablets have been classed under lfaragraph 5 at 25 per cent ad valorem, domestic producers are finding it increasingly difficult to compete in whereas perfumed bath salts and tablets have been classified under para­ price with the foreign producers of the less expensive grades of ware. graph 62 at 75 per cent. The medicinal are ordinarily not perfumed. For such wares the present rates of duty do not afford the American Specific provision has been given in the Senate bill for unperfumro at industry adequate protection, and accordingly the rates have been in­ 25 per cent ad v·alorem and for t~ perfumed, whether or not having creased for articles which constitute the great bulk of the sales in this medicinal properties, at 75 per cent ad valorem. country of comparatively inexpensive pottery. SCHEDULE 2.-EARTH, EABTHENWARE, AND GLASSWARE Under the provisions of paragraphs 211 and 212 a specific rate of The committ~ has changro a number of the rates imposed under duty, in addition to the ad valorem rates provided therein, is imposed the bill passed by the House, of which 20 were increases and 30 were upon plates, cups, or saueers valued at not more than 50 cents per dozen decreases. These changes include three commodities which have been and upon cups and saucers imported· as units -valued at not more than transferred to the free list and three commodities which have been tranes­ 50 cents per doz~ units. The specific rate is 10 cents per dozen for ferred from the free list to the dutiable list. The items transferred plates, cups, or saucers, or 20 cents per dozen units, each unit consisting to the free list are silica, burrstones, and grindstones. Those trans­ of a cup and saucer. GLASS AND GLASSW All.lll ferred from th~ free list are statuary of plaster of Paris for presenta­ tion (without charge) to religious organizations; stained-glass win­ The rates of duty imposed upon common window glnss and plate glass dows for churches, valued at between $1:-5 and $35 per square foot; and are, in effect, practically those proclaimed by the President in accordance Venetian glass mosn.ics which are works of art. These changes reduced with the findings of the Tariff Commission in its investigations of the the equivalent ad valorem rate for the schedule as a whole from approxi­ differences in costs of production of comparable and competing domestic mately 54.84 per cent to approximately 53.23 per cent, a decrease of and foreign products. 2.93 per cent. Increased rates of duty were imposed upon glass globes and shades Additional protection was gi-ven to a number of industries which by because the rates imposed upon such articles under existing law enabled reason of changed conditions-manufacturing or competitive-subse­ importers to undersell domestic producers in important markets. quent to the enactment of the existing law have found it increasingly The increased rate for chemical and scientific glassware was imposed difficult to dispose of their products in the American markets in com­ in order to encourage· the production in this country of articles which petition with the products of foreign pt·oducers. These include th ~ are necessary in time of war. Prior to 1914 the United States de­ brick, cement, tile, pott ery, and glass industries, whose sales are largely pended almost wholly upon foreign produce1·s for the supply of such affected by the competition in domestic markets from foreign sources. glassware. American manufacturers now supply a considerable propor­ tion of the domestic requirements, and the American industry can be PARAGRAPH 201.--cOMMON BUILDING BRICK maintained if it is adequately protected. - Comparatively little foreign common building brick is used in this Machine production of glass bottles has for the most part displaced country except the brick, for the m~st part from Belgium, imported the older hand-blown method of production, and those produced by the 1929 CONGRESSIONAL . RECORD~EN ATE 3381 latter method consist of types - which have not as yet been success­ result of this committee's study of the subject; manganese ore was fully made by machines. An increased rate has been imposed upon transferred to the free list and the rates on manganese alloys reduced bottles used as containers of perfume and toilet preparations in order in proportion. The rates on tungsten ore, alloys of silicon and alumi­ to perpetuate an industry which is practically the only source of em­ num, chromium and its alloys, and cerium metal and its alloys were ployment for the comparatively few highly skilled glass-bottle blowers decreased. Reclassification of tantalum and its alloys and the addi­ remaining in the trade. tion of carbides of tungsten and molybdenum and products composed of Specific provision bas been made in paragraph 218 (b) for gauge these metals results in some instances in increases in rates. Nickel glass tubes wholly or in chief value of glass. Such articles consist of oxide was transferred to the free list, as were zinc dross and skimmings. glass tubes for use on boilers, and in this connection are for the most A sliding scale, based on New York market prices, was introduced for part known as water-gauge glasses or tubular-gauge glasses. antimony metal, with rates designed to exercise a stabilizing influence Paragraph 220 is a new provision inserted by tfie House providing on prices which have shown marked fluctuations during postwar years. for a rate of 60 per cent ad valorem on laminated glass and manu­ It is thought that the present bill provides adequately for nonferrous factures thereof. This is an increasingly important industry. One metals and their derivatives and that the phraseology and rate struc­ of the chief products of this industry dutiable under this paragraph ture is sufficiently comprehensive to provide equitable rates for products is automobile windshields made with sheets of glass laminated witb most likely to be developed within the next few years. pyroxylin. MACHINERY AND VEHICLES Pa ragraph 221 removes the plate-glass duty from rolled, cylinder, crown, and sheet glass, wholly or partly ground, for the purpose of Among the products of the industr~s in this group there are certain ornamentation (even though such ornamentation constitutes obscura­ articles produced and sold -under conditions which warrant raising or tion). Such glass (except rolled glass) is subjected to the addi­ lowering the rates regarded as adequate protection for the majority. tional duty of 5 per cent provided in paragraph 224. Rolled and The most important example is that of passenger automobiles. The sheet glass less than one-fourth but n·ot less than one-eighth of 1 inch strong position of the American industry in the world's markets war­ in thickness, when obscured in any manner (except by grinding for rants a reduction in duty. Other examples of this class are printing, the purpose of ornamentation) has been subjected to the plate-glass bookbinding, and paper-box machinery, and the products of the elec­ rate. Cylinder and crown glass not less than one-eighth of 1 inch trical industry. Among industries which were found to be operating in thickness when obscured in any manner (except by grinding for under special handicaps, justifying an increased duty, are those making meat grinders and escalators. the purpose of ornamentation) has been subjected to the plate-glass rate. The proviso in paragraph 230 (b) is stricken out as unnecessary in WATCHES AND CLOCKS view of a decision of the United States Court of Customs and Patent Following analyses by witnesses of a number of the rates in the Appeals (Bonwit, Teller & Co.) the holding of which is to the same House bill, the committee has made a number of changes in the para­ effect as the proviso inserted by the House. graphs providing for watches and clocks. The rates on watch move­ SCHEDULE 3.-MJDTALS AND MANUFACTURES OF ments have been readjusted downward, while the rates on parts have 'l'his schedule comprises 99 paragraphs, many of which provide for been greatly reduced. The present paragraph permits entry of repair a great number of diverse products and inqustries. Most paragraphs parts at the rates now in effect, removes the possibility of assessing provide for products or groups of products which bear little economic extremely high equivalent ad valorem rates, and permits the impot·ta­ relation to the products in other paragraphs of the schedule, so that tion ot incomplete mechanisms at somewhat lower duties than would the diversity of factors to be considered in providing adequate phrase­ be assessed on complete movements. The agreement of about 75 per ology and rates ts vast. cent of the watch importers to the rates incorporated on watches in Since the passage ot the House bill much new information has be­ this bill is a substantial guaranty that such rates are not excessive. come available, which in a considerable number of paragraphs permits The rates on complete clocks and clockwork mechanisms remain un­ more accurate evaluation of competitive conditions than was possible changed, but there have been drastic reductions in the rates on parts by the House of Representatives. Consequently . a substantial num­ and incomplete mechanisms for the same reasons that changes were ber of revisions have been made in the House bill, with a view to made in the rates on watch parts and incomplete watches. The rates clarifying the language, facilitating administration of the act, and in these two paragraphs constitute substantial increases over the making adjustments in rates. The committee's changes of the House present tariff act, but it is believed that they will not result in any bill effect in this schedule about 40 upward revisions of individual rates increases in prices to the consumer, as an increase in domestic produc­ and over 60 downward revisions, including. items transferred to or tion will result in costs which will leave a reasonable profit at present prices. from the free list. Items transferred to the free list were : Manganese ore, muzzle­ HA.RDW ARE AND TOOLS AND MISCELLANEOUS MANUF'ACTURES OF METAL loading firearms,-hoes, rakes, metal parts of typewriters, zinc dross, zinc While the rates provided in the House bill for this group of in­ skimmings, and nickel oxide. Articles made dutiable were: Cream sepa­ dustries have been approved as to their general level, some revisions rators valued at more than $40 but not more than $50 each; and milk have been made where further information bas disclosed exceptional cans. Certain items were specifically mentioned to avoid litigation over conditions indicating maladjustments or inconsistencies in rates or classification or to effect changes in the rates now imposed and to classification. provide separate statistical classifications. Upholsterers' ·nails, thumb tacks, and paper-fastening staples were A tentative calculation shows that the result of lhe readjustment is found to be inadequately · provided for by the specific duty applicable an equivalent ad valorem rate for schedule 3, based on im-ports during to coarser products of the same general class. Increases were also 1928 and taking into account transfers to and from the free schedule, made in the rates on binges, bells, mechanics' hand tools, and the of about 33 per cent. This compares with an equivalent ad valorem chea~r grades of pocketknives, products meeting severe competition of 39.6 per cent in the House bill and 35.07 per cent when the rates from foreign goods of the lowest grades. Additional protection was of the tariff act of 1922 are applied. The decrease in revenue in the provided on· certain grades of - shotguns, similar ·guns being made present bill from the House bill is about 17 per cent and from the act abroad and sold bet·e in large numbers in competition with an industry of 1922 about 6 per cent. essential to the national defense. IRON AND STEEL Rates on many articles were reduced-for example, pliers, crochet A few changes were made- i.n the- iron and· steel schedule by which needles, pens, decorative metal products, and lighting fi.xtures. Re­ the present classification of hammer, mill, and roll scale ·is confirmed, inoval from the general basket clause of most of the items regarding and the rates o.n structural sli.apes and ·sheet piling were increased to which ·adequate data were available· warranted a slight reduction in conform to the rates on tonnage products whieh meet substantially less the rates on metal manufactures not specially provided for. competition from imports. . Brackets determined by values ·less than. any Following is a discussion, by ·paragraphs, of the changes in phrase­ foreign prices of steel during recent ·years have been inerged with the ology made by this committee, and the reasons therefor; also discus­ next higher brackets to. facilitate administration and avoid the possibil­ sion of such changes made by the House of Representatives and ity of undervaluation; such changes resulting in negligibie alterations approved by this committee. in rates. A slight increase ·was also made in the rate on pig iron. PARAGRAPH 302.-ALLOYS Reductions have been made in the rate of ,duty on sponge iron, a new Subparagraph (a) : Manganese ore and concentrates are. transferred product, and in the rates on chromium steels. In addition, all duties to paragraph 1713 of the free list. in the steel schedule have been reduced by an amount compensatory Subparagraph (f) : Tungsten powder is mixed with powdered car­ both for the transfer of manganese ore to the free list and for reduc­ bon and fired in a furnace to effect a change to tungsten carbide, a~d tions in the rates on manganese alloys. the carbide is again powdered before causing its agglomeration into NONFERROUS METALS solid shapes. The carbon may be present in variable proportions and Advances in research and in the development of new products since may be constituent either as an alloy, metalloid, or chemical com­ the tariff act of 1922 resulted in a more comprehensive treatm-ent of pound. It is intended that the carbide powder shall be subject to alloys in the House bill. There are, however, a number of products of the same rate of duty as the uncarburized tungsten ' powder. the rare metals which were not adequately provided for in the House Subparagraph (i) : Silicon aluminum and aluminum silico.n are bill, and a revision of a few of the rates appeared warranted. As a alloys c~mtaining not over 10 per cent iron and not over ·90 per cent 3382 CONGRESSIONAL RECORD-SENATE SEPTEJ\IBER 4 silicon or 90 per cent aluminum. They are used in nonferrous metal­ the more highly manufactured articles have thus been subjected to the lurgy, chiefly for the casting of aluminum. lower rates, and in other cases products of similar character have been Similar alloys if containing over 90 per cent silicon are impure sill­ decl~red dutiable at di1ferent rates. All these products, with the ex­ con metal used generally in casting aluminum, and provided for in para­ ception of such as are household utensils, lighting fixtures, or laboratory graph 302 (h), and if containing over 90 per cent aluminum are impure instruments, are now grouped together at a single rate. aluminum metal used generally in deoxidizing steel, are considered as The insertion of the words "other than laboratory" after the PN­ aluminum rather than as alloys, and are provided for in paragraph 874. vision for electrical instruments is to avoid conflict with the provision Alsimin Is a trade name for and will be dutiable as ferrosilicon alu­ for laboratory instruments in paragraph 860. minum or ferroaluminum silicon alloys containing over 10 per cent iron Certain types of electrical meters . contain a clock, which drives a and used generally in the metallurgy of steel. drum or disk. Such clockwork mechanisms, usually not made by the Subparagraph (m) : Tantalum and its specified alloys, when in non­ electrical firms, are made dutiable separately as clocks under paragraph ductile form only, are intended to be covered in this group, as the ductile 368. Simple trains of small gears, used in other types of meters, re­ forms are provided for in subparagraph (q). Mechanical treatment main as integral parts of the electric meter, and are meant to be such as rolling, drawing, or forging is generally required to develop the dutiable therewith. ductility of metals, and the absence of such treatment as shown by the It is not intended that this paragraph should include lighting fixtures, shape of the metal may be taken as sufficient evidence of its nonductility. provided for in paragraph 887 of the House bill and eliminated there­ Subparagraph (q): Columbium and niobium are synonymous terms. from by the Senate committee. Only ductile columbium metal or • alloys are here included and may be PABAGRAPH 360 distinguishable from the nonductile as shown heretofore. The designation "philosophical" as applied to instruments, appa­ PARAGRAPH 303 ratus, etc., is stricken out as being of uncertain meaning, whereas the Pieces of muck bars, except crop ends, have been specifically provided intention is sufficiently and better covered by the words "scientific and for in this paragraph where they are now dutiable but not mentioned laboratory," and "surveying and mathematical." by name ; the crop ends of such bars are dutiable at the rates provided P.A.JliGRAPH 36~.-~iUZZLE-LOADING FffiEARMS for iron and steel scrap in paragraph 301. The provision for muzzle-loading muskets, shotguns, rifles, mid parts PARAGRAPH 304 thereof is stricken out, and these articles are transferred to paragraph The phrase "alloys not specially provided for used as substitutes for 1723 in the free list. steel in the manufacture of tools " was deleted from this paragraph by PARAGRAPH 364.-BELLS the House bill. Such commodities are dutiable under the provisions of paragraph 802, or, if in the form of tools, under paragraph 352. The exception of church bells and carillons from the provisions of the Concrete reinforcement bars, not heretofore mentioned in tari.lf acts, paragraph is intended to limit its application to metal bells of common have been specifically mentioned to avoid con1lict with paragraph 812 commercial usage such as bicycle bells, doorbells, annunciators, and as structural shapes. gongs. Carillons are specially provided for in paragraph 1541, whereas PARAGRAPH 3015 church bells are not now specially provided for but are covered by the provision of paragraph 398 for manufactures of metal not specially pro­ Subparagrapli (b) : Provides for deductions from the duties provided vided for. in 16 paragraphs, designated by number, on steel and articles of steel, such reductions being compensatory for the transfer of manganese ore PAltAORAPH 365 to the free list and reductions in duties made on manganese alloys in The words "double or single barreled breech-loading and repeating" pa1·agraph 302. are stricken out as surplusage. All muzzle-loading guns are specially P ARAGBAPH 312 provided for in paragraph 1723. The term " building forms " has been deleted from the paragraph as PAB.AGRAPH 367.-WATCHES being redundant and of uncertain meaning. No change in classification Subparagraph (a) : All time-keeping, time-measuring, or time-indicat­ is involved. ing mechanisms, not designed to be worn on or about the person, if less PABAGRAPH 316 than 1.77 inches wide have been transferred to paragraph 368 (clocks). Subparagraph (b) : This subparagraph is designed to cover articles Watch movements designed to be worn on the person more than which have been given a predetermined shape or form, as well as scrap. 1.7 inches in width have been transferred to paragraph 368 (clocks). No conflict with the provisions for alloys or powders in paragraph Subparagraph (a) (3) : Redrafting this subparagraph and changing 302 is anticipated because those products are characteristically used in the rates results in the application of duties for jewels in the form of various metallurgical processes, whereas the shapes provided for in para­ a fiat rate for mechanisms having one but not more than seven jewels graph 316 (b) are used to manufacture such products as cutting tools, and for the assessment of specific rates for every jewel contained in lamp filaments, and parts of electrical equipment. the two spec:ifted classes of mechanisms having more than seven jewels. Subparagraph (a) (4) : The presumption in the House bill that cer­ PARAGRAPH 317 tain mechanisms have three adjustments and be assessed for each The wire fencing and wire netting covered by the committee amend­ adjustment, whether the mechanism actually is adjusted or not, has ment is of the kind chiefly used for fencing poultry, for stucco work, been removed. Under the committee amendment adjustments will be and as reinforcing for automobile tops, and is dutiable under the 1922 dutiable only i.f marked. act and under the House bill under the basket clause of the metal Subparagraph (a) (5) : The change in phraseology broadens the scope schedule. of the paragraph to include other devices than self-winding mechanisms, PABAGRAPH 318 such as 8-day springs, which might be substituted, after importation, in The committee adopts without change a clause inserted in this para­ a mechanism containing a spring barrel slightly larger than that neces­ graph by the House to p~ovide for wire cloth used in paper-making sary for a usual 1-day spring. machines, now dutiable by court decision in paragraph 372 of the act Subparagraph (b) : The phraseology appearing in the act of 1922, of 1922 as parts of machines. but deleted in the House bill, requiring that the number of jewels in PARAGRAPH 319 (B) any of the mechanisms dutiable hereunder shall be marked in both let­ The manufacture of the articles mentioned in this subparagraph ters and numbers, has been restored with a view to discouraging possible require; special equipment such as is used in the manufacture of heavy alterations in the marking of bridges after importation. The committee ordnance. · amendment removes the requirement of the act of 1922 and of the The committee amendment excludes from the articles included in this House bill that watches which have not been adjusted shall be marked subparagraph all castings. The House provision excepted only castings "unadjusted." The change permits the impo.rta.tion of unadjusted provided for in paragraph 327. The provision that measurement shall watches without marking respecting adjustments. be made at the largest inside diameter is inserted to avoid ambiguity in Subparagraph (c) (1) : The new language is introduced to permit cases where the article has a varying cross section. the importation at the present rates of duty of a sufficient quantity of individual pieces and of subassemblies, consisting of two or more parts PARAGRAPH 338 or pieces of material joined together, to supply normal requirements for The provision for wood screws is stricken out with the intention of replacement parts. transferring these screws to classification as manufactures of metal not Subparagraph (c) (2) : The subparagraph is expanded to include a specially provided for under pru·agraph 398. 'mandatory assessment for those pillar or bottom plates for which a PARAGRAPH 353 definite determination of the jeweling and adjustment of the complete Electrical machinery and apparatus is now dutiable chie1J.y under mechanism can not be made. several paragraphs, as follows: Paragraph 372 as machinery, para­ Subparagraph (c) (3) : The subparagraph is completely rephrased, graph 399 as miscellaneous manufactures of metal, paragraph 368 as substituting a specific rate for each piece (with certain exceptions) in meters, and paragraph 339 as household utensils. Litigation over the any subassembly or incomplete mechanism instead of assessing each meaning of the term " machine " as applied to electrical equipment has subassembly or incomplete mechanism (as was done in the House bill) resulted in transferring some products to the machinery paragraph and at the full rate of the mechanism for which suitable. Pillar or bottom leaving similar products classifie!L under paragraph 899. In many cases plates i.f appearing in a subassembly. are dutiable ~t the rates provided 1929 CONGRESSIONAL RECORD-SENATE 3383 for such plates, while the other parts in the subassembly are dutiable Provision for full-fashioned-hosiery knitting machines has been elimi­ under this clause. As in the House bill, bimetallic balance wheels are nated, ma~ng these machines dutiable as knitting machines, not spe­ dutiable as one piece of material, as well as mainsprings with riveted cially provided for. ends. Separate mention of punches, shears, and bar cutters has been stricken Subparagraph (c) (4) : This clause is intended to include all indi­ out, thus making such machines dutiable as machine tools. vidual parts or pieces of metal or other material if imported unattached The term " meat and food grinding or cutting machines " is intended to other pieces or parts and not imported under the provisions of sub­ to include the familiar type of band crank operated household food paragraph (c) (1) except jewels, set or unset. The purpose or the cutter, and larger sizes such as are used in butcher shops for grinding clause is to encourag~ the importation of individual parts, for assembly meat, formerly classified in paragraph 339 as household utensils. on a factory basis in the United States, instead of the importation of Escalators, dutiable under the House bill as machines not specially incomplete mechanisms and subassemblies, which can usually be as­ provided for, have been given separate classification. sembled without factory equipment and with a minimum of labor. Porcelain parts of machines have been included in this paragraph. Subparagraph (d) : The paragraph has been restricted to unset jewels Under the House bill they were subject to disproportionately high to avoid the possibility of importing set jewels, which are a subassembly, specific duties designed primarily for chemical and household porcelain at the rate of duty hereunQer instead of at the rates provided in sub­ in Schedule 2. paragraph (c) (3). PARAGRAPH 373 Subparagraph (e) : The phraseology respecting dials has been changed Striking out the words "forks, hoes, rakes," was intended to relegate to restrict the application or the subparagraph to dials suitable for the hoes, rakes, and forks, except forks now classified in paragraph 355, to mechanisms now included within the scope of this paragraph. Striking classification as agricultural implements in paragraph 1604. out the words "attached to the foregoing" permits the entry, without separate assessment, of dials attached to complete mechanisms. This PARAGRAPH 376.-ANTIMONY is the present tariff status of such dials. The provision that the New York price which determines the rate of Subparagraph (r) : The new phraseology insures that cases for any duty shall be that quoted for "ordinary brands" is intended to furnish mechanism, device, or instrument dutiable under this paragraph shall an indication of the price at which most antimony is sold. Special be assessed hereunder regardless of the condition in which imported and brands which enjoy a price bonus, or impure brands which are offered definitely excludes light containers used as shipping containers and at a discount, are not intended to have any bearing on the price which which have no use as permanent cases for mechanisms. determines the rate of duty. The term "ordinary brands" is commonly Subparagraph (f) (4) : The scope of this clause is broadened to used in the tr!lde and in the publication of price quotations. luclude cases made of nonmeta.llic materials. PARAGRAPH 382 Subpara:graph (f) (5) : The wording is changed to in<'lude colored AU metal powders used in pigments are called bronze powders. The ca es as a preventive or evasions through decorating cases with other wording is changed to distinguish between such powders of aluminum materials than enamels. and of other metal. The wording " aluminum bronze powder " is Subparagraph (f) (6) : This is a new clause providing rates for further intended to apply only to aluminum powder for use in pigments • incomplete cases and parts of cases in order to prevent their classifi­ and not to powdered aluminum for metallurgical purposes. cation in other paragraphs, as, for example, in paragraph 398 as manufactures of metal, n. s. p. f. PARAGRAPH 387.-LIGHTING FIXTURilS PARAGRAPH 368.--cLOCKS Provision for lighting fixtures bas been eliminated with the intent of Subparagraph (a) : Phraseology is added specifying the value of making them dutiable under the basket paragraph 398. syncht·onous and subsynchronous motor,a to be dutiable hereunder at not PARAGRAPH 387.-MILK CANS more than $3 each, exclusive of the value of gears or other attachments. Milk cans, not made of tin plate, are those which are in common use The intention is to retain in this paragraph all motors used to drive among dairies, and are made of sheet steel manufactured into cans and ordinary electrical clocks, and to transfer to paragraph 353 synchronous later coated with tin. The exception "not made of tin plate" is de­ motors of less than one-fortieth horsepower, such as are used in time signed to avoid conflict with paragraph 311, which treats of articles switches and other electrical devices containing some form of clockwork made from tin plate. mechanism. Striking out the words " or electricity " is for the purpose of trans· PARAGRAPH 390 ferring electricity meters to paragraph 353 for assessment thereunder. Nickel oxide is transferred to paragraph 1735 of the free list. The words " and the clockwork mechanism contained in any electrical PARAGRAPH 395 device " are inserted for the puupose of retaining in thiB paragraph any The deletion of mention of zinc dross and skimmings is for the pur­ clockwork mechanism which may be incorporated in any electrical device. pose of relegating such commodities to paragraph 1664 of the free list. The clockwork mechanisms are intended to be assessed separately here· under, while the eledrical devices minus the value of the clockwork PARAGRAPH 396 mechanisms are intended to be assessed under paragraph 353. Phraseology is a

SCHEDULE 6.-TOBACCO AND MANUFACTURES 011' 2% cents per pound to 11A, cents per pound, because the higher rate PARAGRAPH 601.-WRAPPER TOBACCO imposes an unnecessary tax on the consumers of this product. In paragraph 719 (2) the duty on pickled or salted cod, haddock, The House bill provided an increase from $2.10 to $2.50 per pound hake, pollock, and cusk neither skinned nor boned when containing not on unstemmed wrapper tobacco and from $2.75 to $3.15 on stemmed. more than 43 per cent of moisture has been reduced from 1%, cents per Since imports are almost wholly in the unstemmed form to avoid pound to 11A, cents per pound and the duty on the same product having breakage and loss in handling, the former rates are the effective ones. a moisture content of more than 43 per cent has been reduced from The increase proposed of 40 cents per pound, equaling from 70 to 11;4 cents per pound to three-fourths cent per pound. These duties have 80 cents per thousand cigars, was considered too heayy an additional been reduced because the manufacturers of boneless codfish and other burden to put upon the 5-cent cigar industry. Consideration was also salted cod products are unable to obtain the necessary supply of raw given the fact that thousands of farmers in the Connecticut Valley, material from domestic sources. in Pennsylvania, Ohio, Wisconsin, and New York, are producing binder The duty on pickled or salted cod, haddock, bake, and cusk, skinned and filler tobacco used in 5-cent cigars, an essential part of which is or boned, provided for in paragraph 719 (3) has been reduced from 2% the imported wrapper. Witnesses represented that should the rate on cents per pound to 2 cents per pound because of the reduction of one-half wrapper tobacco be increased 40 cents per pound, produc.tion of 5-cent cent per pound in the duty on the raw material provided for in cigars would be restricted and the market for domestic binder and filler paragraph 719 (2). tobacco be narrowed. In 1928 the duty on cigai: wrapper approximately The duty on "clams, clam juice, or either, in combination with equaled 100 per cent ad valorem. other substances, packed in air-tight containers," provided for in The phraseology of the paragraphs has been changed so as to provide paragraph 721 (b) has been reduced from 35 per cent ad valorem to a single rate of duty on all mixed bales containing ovet." 5 and less than 20 per cent ad valorem in order to retard the depletion of the United 35 per cent wrapper, thus making the provision more definite and States clam beds. facilitating its administration. The duty on boiled fish roe, packed in air-tight containers, provided SCHEDULE 7.-AGRICULTURAL ~ODUCTS AND PROVISIONS !or in paragraph 721 (d), has been reduced from 20 cents per pound Before agreeing upon the rates in Schedule 7, the committee gave to 30 per cent ad valorem because of the low price of this product careful consideration to the need for protection of the several agricul­ and because none of it is packed in the United States. tural industries and the possibilities of affording benefits to these PARAGRAPHS 722-733.--GRAINS AND GRAIN PRODUCTS industries by increased duties. In order to obtain additional evidence and to afford an opportunity as far as possible for all who were inter­ The duties in the House bill were accepted on barley and barley ested to be heard, tbe subcommfttee on Schedule 7 conducted hearings products, buckwheat and buckwheat products, corn and corn products, extending from June 17 to 25. During these hearings, 262 interested macaroni and alimentary pastes, rye and rye products, wheat and flour, parties submitted briefs or oral testimony. bran and screenings, cereal breakfast foods and biscuits. The committee has agreed substantially to the considerable increases The duty on oats, hulled or unhulled, was increased from 15 to 16 in rates on agricultural products provided by the House bill, which cents per bushel of 32 pounds in accordance with evidence submitted entailed an estimated increase in revenue from duties in this schedule by the producers. of more than $25,000,000 .or more than 40 per cent and an increase The rates in the House bill on rough and milled rice were reduced in the average of ad valorem equivalents from 23 to 34 per cent. to the rates in the act of 1922 for the reason that the industry is on an Changes in this schedule as compareed with the House bill consist important surplus basis, exports being approximately nine times as principally of adjustments based on the additional evidence submitted large as imports. to the committee. Soy-bean oil cake and meal, free under the act of 1922 and the The changes are summarized below by groups of commodities: Hause bill, were made dutiable in paragraph 730 at three-tenths cent per pound in order to encourage the production of soy beans in this PARAGRAPHS 701-706.-MEAT .ANIMALS, MEATS, AND MEAT PRODUCTS country, especially in the corn-borer infested sections where soy beans The rates fixed by the House bill for this group were generally a.c­ have proved to be an important substitute for the corn crop. cepted. The only change is the transfer of blood albumin from para­ graph 1605 of the free list. Information submitted to the committee PARAGRAPHS 734-750.-FRUITS AND FRUIT PRODUCTS indicates a considerable increase in imports of blood albumin, and a New provision is made for frozen berries which are made dutiable comparison of the data before the committee shows that import prices in paragraph 736 at 11A, cents peL' pound if frozen without sugar and at are considerably below the domestic cost of production. To afford 35 per cent with sugar added. reasonable protection to the d~mestic producer, blood albumin has been New · provision is made in paragraph 737 for dried, desiccated, or made dutiable under paragraph 701 at rates which approximate- the evaporated cherries at 6 cents per pound. The rate is made com­ differences between domestic costs and import prices. pensatory to that on fresh cherries on the assumption that in ordinary PARAGRAPHS 707-110.-MILK AND MILK PRODUCTS practice 3 pounds of fresh cherries will make 1 of dried. The testimony submitted to the committee stressed the necessity of The provisions in the House bill for cherries, sulphured or in brine equalizing the rates on the several dairy products. The reasons for with pits at 5% cents per pound, and with pits removed at 9 cents pe; such an adjustment hinge upon the close relationship existing betwen pound have been left unchanged except tor a new provision providing that cherries which count 900 or more to the gallon, with pits shall these products both in regard to ~heir production and their consumption. For many uses one product may be .. subs.tituted for another. Thus con­ be dutiable at 3 cents per pound and with pits removed at 4 cents. densed or evapor:ated milk may for many _purposes be used in place of This provision bas been inserted because of the inadequacy of the domestic supply of these small cherries. It wm· permit domestic whole milk, powdered wh~le or skimmed milk is used instead of con­ densed milk, sweet butter is used instead of c~eam in ice-cream mix­ preservers who ba ve built up their business in part by the preserving tures. On the other hand, the supply of milk in competing countries and preparation of these small cherries to maintain that branch of may be shifted more or less readily from the one to the other of these their operations. New provisions have been made for frozen cherries products and unless there is a bala.nce between the several duties, there to care for the new development of marketing fruits in that wnditiou. . is danger that they may prove ineffective. On the basis of this principle Ne-w provision is made in paragraph 740 for fig paste at the same rate the committee has adjusted the rates on the several dairy. products so as for dried figs, as to be compensatory to a rate of 14 cents per pound on butter. But­ In ~aragraph 741, the duty on dates, fresh or dried, with pits, has terfat is the constituent of chief value generally in dairy products; and been mcreased from 1 to 2 cents per pound with a corresponding since the price of butter most closely reflects the value of butterfat, change from 35 per cent ad valorem to 5 cents per pound on prepared butter was taken as the basic factor upon which adjustments were made. dates in order to protect the growing domestic date industry. That portion of paragraph 742 referring to grapes in bulk, crates, PARAGRAPHS 711-713.-POULTRY AND EGGS barrels, etc., dutiable at 25 cent~ per cubic foot has been changed to The rates on eggs and egg products in the House bill-substantial read, "Grapes, in their natural state, or sulphured, 5 cents per pound increases over ~sting law-are accepted. • The committee increased the including the weight of containers and packing." Most of our import~ duty on dead poultry from 8 to 10 cents per pound and made a com­ consist of foreign high-priced grapes packed with filling material such pensatory adjustment in the rate on live poultry from 6 to 8 cents. a.s sawdust, cotton waste, or cork dust in small boxes weighing 25 Consideration was given the fact that poultry i~ one of the m~st widely pounds or less. The change in method of levying the duty is designed distributed of farm products and an important source of cash income to facilitate entries. The increase in duty involved in the change is for the farm family. The combined imports of live and dead poultry, designed to assist that portion of our grape industry, particularly in valued at more than $2,000,000 in 1928, have been increasing. California, which has developed a table grape mainly for winter con­ PARAGRAPHS 717-721.-FISH AND FISH PRODUCTS sumption and which under present conditions must meet the competi­ A seasonal change in duty is provided on " other fish, not specially tion of considentble imports of grapes arriving during the winter provided for," in paragraph 717 (a), in order that a larger supply may months. be available during the winter months. From October 1 to May 1 the In paragraph 743 the duty on lemons has been incrtJa.sed from 2 to rate is fixed at one-half instead of 1 cent per pound. 2% cents per pound in order to aid in the orderly marketing of our The duty on a fish, dried and unsalted : Cod, haddock, hake, pollock, lemon production in California which at present must face ·the com­ and cusk," provided for in paragraph 717 (c)., has been reduced from petition of speculative enhies. of lemons from foreign countries. The 3386 CONGRESSIONAL RECORD-SENATE SEPTEJ\IIBER 4 . duty on limes bas been brought back to the rate in the tariff act of The duty on onions in paragraph 768 was increased from 2 to 2¥.! 1922 because domestic production is negligible. The rate on grapefruit cents per pound upon evidence before the committee that the latter rate was also made the same as the present rate because imports are was necessary in order to allow western producers to compete with declining and domestic production has remained fairly steady. imports 1n the large eastern markets. The duty on dried, desiccated, or evapOrated prunes is ' increased PARAGRAPHS 774-776.-COFB'EE SUBSTITUTES, COCOA AND CHOCOLATE, from one-half of 1 cent to 2 cents per pound in order to make the rate GINGER ROOT comparable with those on other dried fruits, sucb as apricots, peaches, and pears and in order to give it a proper relation to the duty on No important change was made in these paragraphs. prunes in the natural state. PARAGRAPHS 777 AND 778.-HAY, STRAW, HOPS In paragraph 750 the duty on candied, crystallized, or glac~ fruits In accordance with evidence submitted showing the need for greater has been increased from 35 to 40 per cent ad valorem to make it con­ protection the duty on hay was increased from $4 to $5 per ton, the sistent with the duty on confectionery. Fruit peels, crystallized or duty on straw from $1 to $1.50, and that on broomcorn from $10 to $25 glac~. were trall'Sferred to paragraph 739 and made dutiable at 8 cents per ton. per. pound. The duty on lupulin was increased from 75 cents to $1.50 per pound, PARAGRAPHS 751-753.-BULBS AND GREENHOUSE STOCK to accord more nearly with the duty on hops. The rates in paragraph 761 were changed back to those in the 1922 PAR.A.GRAPIIS 779-780.-SPICES AND SPICE SEEDS, TEASELS act. Most of the bulbs specifically mentioned in the act are used for No changes were made in these paragraphs. greenhouse forcing. Domestic production of forcing types of these SCHEDULE 8.-SPIRITS, WINES, AND OTHER BEVERAGES bulbs is negligible, except in the case of narcissus, being mainly of garden types. No change was made in other rates in this groY,P. No changes have been made in any of the rates in this schedule as set forth in the House bill. PARAGRAPHS 764-759.-FIDIBLE NUTS .AND NUT PRODUCTS PARAGRAPH 806 In paragraph 755 the rate on Brazil nuts not shelled was reduced A .subparagraph has been added to apply to the importation for bev­ from 2 cents to 1 cent per pound, the rate in the act of 1922. A com­ erage purposes of concentrated fruit juices of the citrus fruits-lemons pensatory rate was put on shell'ed Brazil nuts of 8 cents per pound. limes, oranges, and grapefruit. The duty on concentrated citrus ft•uit There is no domestic production of these nuts. The rates on filberts, juices shall be collected on the equivalent number of gallons of uncon­ not shelled and shelled in the act of 1922 have been restored. The centrated fruit juice represented by the importation. '.l;his is done so committee feels that the domestic production is so small at the present that the present rate of 70 cents per gallon .will not be evaded by con­ time that the supply will be dependent upon imports for a long time centration, evaporation, or dehydration. to come. Pignolia and pistache nuts have been replaced in this para­ graph at the rate of 1 cent per pound as in the act of 1922. In the PARAGRAPH 814 House bill they were str,icken from the paragraph and thus feU in the A proviso has been added to this paragraph permitting wineries in basket paragraph 759 where the unshelled nuts would have been the United States now engaged in the distillation of brandy for fortifica­ dutiable at 5 cents per pound and the shelled at 10 cents. tion purposes, to also distill nonbeverage alcohol to be employed in the After careful consideration of the testimony ofl'ered and of other manufacture of food products. The operation is to be conducted under information available to the committee, the rate on shelled peanuts such regulations as may be promulgated by the Secretary of the Treas­ was reduced from 7 to 6 cents per pound, the rate recently proclaimed ury, and the alcohol will be subject to internal-revenue taxes similar to ny the President as a result of an investigation of the difl'erences tn those now imposed on licensed distillers of alcohol. The provision is costs of production in the United States and the principal competing adopted as a measure of relief to grape growers and to wineries. The country. wineries now operate approXimately 60 to 90 days a year on the distilla­ The committee has restored the rates on pecans, unshelled and tion of brandy ; under this provision they will be able to operate for shelled, to 8 and 6 cents per pound, respectively, the rates 1n the act longer periods and to use grapes as a raw material for the alcohol of 1922. produced. In paragraph 750 the committee has restored the phraseology of SCHEDULE 9.-CoTTON MANUFACTURES the act of 1922 making edible nuts, shelled or unshelled, n. s. p. f., PARAGRAPH 902 dutiable at 1 cent per pound. The commit:Ue finds that nuts im­ The duty on cotton sewing thread is increased to provide additional ported under this paragraph are of a distinct type not produced in protection to the domestic industry, and also with a view to preventing the United States. fine plied yarns, dutiable at higher rates nuder paragraph 901, being PARAGRAPH 760.-DIL-BEA.RING SEEDS entered as thread under paragraph 902. The House rate of 63 cents per bushel for flaxseed was decreased The duty on handwork cottons is increased because of the substan­ to 56 cents per bushel, the rate recently proclaimed by the President tial imports, which are estimated to coDBtitute 20 to 25 per cent of the after investigation by the Tarifl' Commission of costs in the United domestic production in this line. Stntes and the chief competing country. PARAGRAPH 904 (A) PARAGRAPHS 760 AND 761.~ARDEN AND FIELD S:miDS The exception in this subparagraph of .. woven-figured" (as in the The rate on crimson clover was reduced from 2 cents to 1 cent act o! 1922) 1s restored. This change, together with the reinsertion per pound. About 90 per cent ol-th~ domestic consumption of this seed of woven-figured in subparagraph (c) insures a basic rate on unbleached is imported. It is produced commercially in the United States only cloths classed as woven-figured higher than that provided for unbleached within a limited area. It appears that the interests of the many cloths not woven-figured. farmers sowing crimson clover seed outweighs that of the prodncars. The minimum progressive speclftc provision is added to provide for :P ARAGR.A.PHS 763-773.-VEGETA.BLlilS unbleached cloths at the lower price end of each yarn-count group. The specific provisions in the act of 1922 were deleted in the House The rate on mushrooms, fresh or dried, in paragraph 766 was in­ bill. creased to 10 cents per pound and 60 per cent ad valorem, and that PARAGRAPH 904 (C) on mushrooms, otherwise prepared or preserved, to 10 cents per pound on drained weight and 60 per cent ad valorem. These in­ The provision in this subparagraph for "woven-figured," (as in the creases in rates on canned or preserved mushrooms are based on a act of 1922), is restored. This insures the application to unbleached comparison of domestic costs with the wholesale prices of the imported and to bleached cloths, if classed as woven-figured, of higher rates of duty than would otherwise be applicable under subparagraphs (a) and article. Truffies are not produced in the United States and as they are (b), respectively. These cloths are in most cases m()re expensive to believed not to seriously compete WI"1:h mushrooms they were trans­ manufacture than cloths officially listed as not woven-figured. The in­ ferred to the free list. sertion of the word " woven-figured " in this subparagraph has no efl'ect In paragraph 770 the rate on tomatoes in their natural state was on the rates of duty applicable to printed, dyed, or coloreq cloths. reduced from 3 to 2¥.! cents per pound, while fhat on prepared or PARAGRAPH 904 (E) preserved tomatoes was increased from 40 to 50 per cent ad valorem. Additional cumulative duties are provided for certain fabrics in which These changes were made in accordance with the evidence beiore the the domestic industry is meeting keen competition from abroad, namely, committee concerning the needs of the producers. on permanent-finished organdies, on surface prints, and on warp prints. The House bill rates were accepted for the items in paragraph 772 On the two first named there is assessed additional duty of 10 per cent except that seasonal reductions were provided in the rates on eggplant ad valorem and on the last named 25 per cent ad valorem. Permanent­ and cucumbers. The varying seasonal rates are intended to benefit finished organdies constituted the leading class of cotton cloths im­ both the consumer and the producer since the lower rates permit ported in 1928 ; these imports were principally from Switzerland, where imports to come in freely to supply the demand when domestic pro­ the cloths, mainly of English origin, were given a finish permanent to duction is low and the higher rates tend to restrict the importation washing. Domestic production is confined to three firms, two of which when the domestic-grown supply is increasing, thus preventing an operate under a license from the owners of the Swiss patents. hnports oversupply in our markets with resultant unremunerative prices to of surface or relief printed cretonnes and other upholstery fabrics origi­ domi!stic growers. nate in England, France, and Germany. The domestic production of 1929 CONGRESSIONAL RECORD-SENATE 3387 this t ype of printing is a recent deV'elopment in this country and as yet P AI:AGRAPH ~21 is confined to three firms ; additional duty appears to be needed to The rate of duty on "hit-and-miss " rag rugs is increased to 75 per enable them to meet the prices of imported fabrics. The domestic pro­ cent ad valorem because ~this is approximately the equivalent of the duction of warp-printed fabrics, particularly those used for · upholstery, present rate of 35 per cent ad valorem based upon the American is also a fairly recent development in this country and one which wholesale selling price, which was proclaimed by the President after appears to need a substantial increase in dthy in order to meet the a cost investigation by the Tariff Commission. The duty on chenille competition from abroad. rugs is reduced, because of the small imports, from 45 per cent ad PARAGRAPH 904 (F) valorem to the 35 per cent ad valorem under which they are dutiable, A provision for a minimum duty of 5 cents a pound is inserted to in paragraph 1022 of the act of 1922, as cotton rugs not specially provide for very low-priced coarse-yarn cloths on which the progressive provided for. rates might not be adequate. PARAGRAPH 922 PARAGRAPH 904 (G) The provision for " Rags wholly or in chief value of cotton, except The duty which would apply to tire fabric, if subjected to the pro­ those chiefly used in paper making " cancels the provision for " Cot­ gressive rates for countable cotton cloths, is considerably lower than ton wiping rags " in paragraph 1555 of the House bill. These cotton the single rate of 25 per cent ad valorem provided in the act of 1922. rags are of low value, and the increase in the duty from 2 to 3 cents a The provision of the act of 1922 is therefore restored. pound tends to protect domestic wiping rags made from specially woven fabrics and also the domestic cotton-yarn waste (heretofore PARAGRAPH 905 largely employed for wiping machinery, etc.) which has been increas­ "Rayon or other synthetic textile" is substituted for "rayon" be­ ingly supplanted by imported rags from Japan. cause of the change of wording of the definition given in paragraph 1313. SCHEDULE 10.-FLAX, HEMP, JUTE, AND MANUFACTURES OF PARAGRAPH 908 PARAGRAPH 1001, The single ad valorem rate on tapestries and other Jacquard-figured The duty on hemp is increased to further encourage the domestic upholstery cloths is replaced by four stepped rates based upon the picks production of this fiber. per inch, as the cost of manufacture, other details being the same, varies PABAGRAPH 1004 directly with the number of filling threads per inch in the fabric. The duty on flax, hemp, and ramie yarns, threads, twines, and cords Imports throughout the entire range constitute a large proportion of the is changed from a specific to an ad valorem basis for the reason that domestic consumption. the specific duties have proved to be inequitable. The inequality is PARAGRAPH 911 evident from the fact that there are several qualities of yarn of the The duty on blankets, not Jacquard-figured, has been increased to same size, or count, and the values per unit vary widely between the provide adequate protection against imports of low-grade goods. highest and the lowest grades. A somewhat similar variation in quality exists in threads, twines, and cords. The application of one specific rate PARAGRAPH 912 of duty resulted in an ad valorem equivalent much higher on the low­ Candle wicking is specially provided for, and at the compound rate quality, low-priced goods than on the high-quality, high-priced goods. of the act of 1922, on the representation of the domestic industry that the ad valorem provision of the House bill would afford insufficient PARAGRAPH 1005 protection. The rate on hard-fiber cordage is reduced for the reason that imports Woven labels for garments are advanced from 50 per cent ad valorem (exclusive of entries from the Philippine Islands) of all hard-fiber to 70 per cent ad valorem, owing to the fact that their manufacture cordage are small in relation to domestic consumption. requires the most expensive and complicated type of weaving, and that PARAGRAPH 1006 they are woven in large part of imported fine yarns and the resulting The wording is changed for the purpose of rendering this paragraph actual protection is much less than the apparent rate of duty. consistent with paragraph 1004 (b). PARAGRAPH 913 PARAGRAPH 1009 This paragraph bas been divided into two brackets. Belts and belt­ The duty on artists' canvas i.s reduced, because the higher rate would ing for machinery have been reduced to 30 per cent ad valorem, the tend to increase the price of canvas to art students. rate in the act of 1922, as no facts wet·e brought forward at the hear­ PARAGRAPH 1014 ings justifying any increase. The rate on rope used as belting for tex­ tile machinery is left at 40 per cent ad valorem, owing to appreciable The duty on towels and napkins of flax, hemp, or ramie, containing imports selling below domestic costs. - more than 120 threads and not more than 160 threads to the square inch, is increased for the reason that the domestic industry ba,s ex­ PARAGRAPH 914 tended its production of these articles to those containing over 150 On cotton warp-knit fabric the rate of 55 per cent ad valorem pro­ threads to the square inch. vided in the act of 1922 is restored because manufacturers of cotton PABAGRAPH 1016 glove fabric, adversely affected by the decline in the domestic cotton glove industry, are developing a new type of fabric, in chief value of The duty on handkerchiefs with band-rolled or hand-made hems is cotton but plated with rayon, for use in the manufacture of corsets and increased to encourage Porto Rican production of these articles. similar garments. SCHEDULE 11.-WOOL AND MANUFACTURES OF PARAGRAPH 915 The most important changes made in Schedule 11 by the committe are " Finished or unfinished " are added in conformity to other para­ the reduction in the duty upon the clean content of clothing and graphs. combing wool from 34 to 31 cents per pound, a proportionate _reduction On cotton warp-knit fabric gloves the duty has been reduced from in the compensatory duties on wool products and the elimination of 60 to 30 per cent ad valorem because the higher rate, which is less the two lowest duty brackets for many of the wool products. These than tw existing rate, will not protect the domestic industry, which changes are considered in some detail below. produced in 1928 only about 2 per eent of the domestic consumption, PARAGRAPH 1'101 and will impose an unnecessary burden upon the consumers, princi­ Haslock and Kerry are added to the named main types of carpet pally women of moderate means. wools in the interest of inclusiveness. On cotton knit gloves, other than warp-knit, the duty bas been Scoured wools are made dutiable at 3 cents more per pound of clean reduced, because of the small imports, from 50 to 25 per cent ad content than wools imported in the grease .or washed. One cent of valorem. thi.B is for the purpose of equalizing differences in sorting costs here PARAGRAPH 916 (A) and abroad ; all wools are .sorted prior to scouring. The other 2 cents is meant to equaliz.e the difference between scouring costs in the The new wording and rate are intended to embrace infants' hosiery United States and in competing countries. retailing per pair at 50 cents or mot·e, a class in which the domestic Wools imported on the skin are made dutiable at 2 cents less per manufacturer can not now compete. pound of clean content than wools imported in the grease or washed. PARAGRAPH 916 (C) This duty is to be applied to all the wooL The 2-cent differential is A new provision is added to exclude cotton hosiery in part of rayon necessary to equalize the difference between wool-pulling costs at home or other synthetic textile. (See par. 1309.) and abroad. Sorted wools or matchings are made dutiable at 1 cent per pound PAB.A.GRAPH 919 more than wools imported in the grease or washed to equalize the On shirts of cotton, which are given specific mention, the duty has difference between wool sorting costs in the United States and in com­ been increased from 37% to 50 per cent ad valorem because of the peting countries. The words " if not scoured " are added to prevent contentions of domestic manufacturers that imports are increasing and possible attempts to import scoured wools as sorted wools, since vir­ that the 37% per cent ad valorem rate is Ies.s than the ad valorem tually all wools are sorted prior to scouring. rates imposed on fine cotton cloths used in the manufacture of high­ In the bonding provision phraseo-logy is added to limit liquidation grade shirts. of the bond when the wools are spun into carpet yarns to those yarn8 3388 CONGRESSIONAL RECORD- SENATE SEPTEMBER 4

which are suitable only for ~ in floor coverings. This is done to at more than 80 cents but not more than $1:25 per pound. The com­ protect the Government against possible misose of the ftner carpet pensatory duties are reduced proportionate to the decrease in the yarns. wool duty. No change is made in the ad valorem rates on all-wool The provision for free entry, under bond, of carpet wools for use In cloths. knit or felt boots, or heavy fulled lumbermen•s soc:k:.s, is ellmlnated. An additional bracket is provided for cotton-warp fabrics valued The definition of scoured wools has been clarified in order to prevent at more than $1.50 per pound. The domestic manufacturers of high­ misunderstanding. gTade cotton-warp linings purchase their cotton warps abroad. The " Skirtings," .1. e., the less desirable portions of the fleece. are ex­ protective rate is increased from 55 to 60 per cent becam;e labor is a cluded from consideration as sorted wools or matchings. It would be greater part of the total cost than obtains in fabrics of lower value. illogical to impose a higher duty on these " off sorts," which are re­ PARAGRAPH 1109.--cLOTHS AND OTHER HEAVY-WEIGHT FABRICS OF WOOL moved in the ordinary preparation of fleeces for market, than is im­ posed on the fleece itself. The committee eliminated the three lower value brackets, pro­ viding for cloths valued at not more than 60 cents per pound, valued PARAGRAPH 1102 at more than 60 cents but not more than 80 cents per pound, and The first subparagraph of this paragraph Is eliminated. The wool­ valued at more than 80 cents but not more than $1.50 per pound; growers agreed to a lower duty on 40/44's provided they secured a $1.25 is substituted for $1.50 per pound to conform with the lower duty of 34 cents per pound of clean content on the finer wools.. Failing bracket of paragraph 1108. The compensatory duties are reduced in this it seems illogical to retain the provision for a lower duty on proportionate to the decrease in the wool duty. No change is made 40/44's. in the ad valorem rates. The duty in subparagraph (b) is placed at 31 cents per pound of Subparagraph {b) of the House bill covered articles made out of clean content, i. e., at the rate in the present law. This is done in woven felts, but did not include articles which became articles on the view of the increase of about 33 per cent in the domestic clip during loom in the process of weaving. This latter class of articles is also the past six years. No higher duty would seem to be necessary for the included by the committee amendment, whether they are units or are adequate protection of the American woolgrower against foreign com­ in the piece ready for separation Into units. petition. The sume difi'erentials on wools imported on the skin, on PARAGRAl'H 1110.-PILE FABRICS OF WOOL OR HAm AND MANUFACTURES sorted wools, and on scoured wools, are provided as in paragraph 1101. THEREOF The tolerance provision is eliminated as unnecessary. The committee reduced the compensatory duties proportionate to the PARAGRAPH 11.03 decrease in the wool duty. No change is made in the ad valorem rates. The tolerance provisions placed in paragraphs 1101 and 1102 of the PARAGRAPH 1111.-WOOL BLANKETS AND SIMILAR ARTICLES House bill having been eliminated, paragraph 1103 is restored to its The committee eliminated the two lower value brackets, providing form under the 1922 act. for blankets and similar articles valued at not more than 50 cents per PAR.AGRAPH 1105.-WOOL WASTES AND BY-PRODUCTS pound and valued at more than 50 cents but not more than $1 per The rates of duty levied on wool by-products in the act of 1922 were pound. The compensatory duties are reduced proportionate to the de­ based on the relative values of such materials and clean wool. For crease in the wool duty. No change is made in the ad valorem rates. example: Noils are normally sold at approximately 80 per cent of the PARAGRAPH lll2.-FELTS, NOT WOVEN, WHOLLY OR IN CHIEJl' VALUE OF value of a eorresponding grade of wool ; therefore the rate on carbon­ WOOL ized nons was placed at 24 eents per pound, or approximately 80 per The committee eliminated the two lower value brackets, providing for cent of the wool duty of 31 cents per pound of clean content. The rates on yarn wastes, shoddy, wool rags, etc., were correspondingly felts valued at not more than 50 cents per pound, and valued at more than 50 cents but not more than $1.50 per pound. The compensatory lower. duties are reduced proportionate to the decrease in the wool duty. No The House bill retained the system of relative values as a basis on change is made in the ad valorem rates. which to fix duties on wool by-products, L e., they were increased in the ratio that clean wool was increased. PARAGRAPH 1113.-WOOL SMALL WARES The committee believes that a duty is levied on wool for the purpose The comp~tory duty is reduced proportionate to the decrease in cit protecting. the American woolgrower and that if a substitute for the wool duty. No change is made in the ad valorem rate. wool is allowed to come in at a lower rate than the duty on wool PARAGRAPH 1114.-WOOL KNIT GOODS the intent of Congress is defeated. The duties on wool by-products are The compensatory rates are reduced proportionate to the decrease in therefore levied in accordance with their replacement values and not ac­ the duty on wool. No change is made in the ad valorem rates. cording to their relative values. 1.'he p_brase "finiehed or unfinished" is inserted in subparagraph (b) Subparagraph (c), providing for a differential of 7 cents per pound in conformity with the phraseology in subparagraphs {c) and (d). A on all wool by-products, is eliminated. A differential of 7 cents per new provision· is added to exclude hosiery in part of rayon or other pound is applied carbonized noils nnd carbonized wastes n. s. p. f. to synthetic textile. (See par. 1309.) Wool extract is inserted because of the elimination of subparagraph (c). In prior tariff acts containing compound rates of duty various value PARAGRAPH 1115.-WOOL WEIAlliNG APPAREL, NOT KNIT O:R CROCHETED classifications were established for manufactures of wool In which the In subparagraph (a) the committee eliminated the two lower value compensatory duties were lower than the " full " compensatory. This brackets, proViding for clothing valued at not more than $2 per pound, method was based on the theory that f~brics of low value were com­ and at more than $2 but not more than $4 per pound. The compensa­ posed in part of materials that were subject to a lower rate of duty tory duties in the two remaining brackets are reduced proportionate to than that imposed on scoured wool, and were, therefore, not entitled the decrease in the wool duty. No ehange is made in the ad valorem to the full compensatory levied on fabrics of higher value composed rates. wholly of virgin wooL In subparagraph (b)· the rates of duty on wool-felt bat bodies is The rates of duty proposed for wool by-products are, in effect, equal reduced from 40 cents per pound and 75 per cent ad valorem to 30 to the wool duty. For this reason the lower value classlticatlons, pro­ cents per pound and 50 per cent ad valorem. There is retai~ifd the· viding for manufactures of wool, which contained compensatory rates additional duty of 25 cents per hat body if stamped. blocked, or trimmed. less than the full compensatory, are eliminated. This applies to para­ The word " pulled " is eliminated for administrative reasons. The graphs 1107, 1108. 1109, 1111, 1112, and 1115. phrase " wholly or in part " is changed to " wholly or in chief value " to PARAGRAPH 1100.--PARTI.A.LLY HANUFACTUllED WOOL correspond to the provisions in other paragraphs of the schedule. The committee Inserted the phrase "if carbonized " In order to include In arriving at the above rates of duty the committee took into con­ carbonized wool with partially manufactured wool. The purpose of sideration the following factors: (1) The effect of the House rate on levying a duty on carbonized wool iB to protect the domestic wo-ol­ the price to the consumer, (2) adequate protection to the domestic earbonizing industry. The House bill provided for carbonized wool in manufacturer, and (3) protection to American labor. paragraph 1105 (c), which has been eliminated. (1) The rate of 40 cents per pound and 75 per cent ad valorem, stated in the House bill, would tend to increase the retail price of PARAGRAPH 1107.-YARNS OJ' WOOL OR HAIR wool-felt bats to a considerable extent over the prices prevailing under · The committee ellmin'ated the two lower value brackets, providing the rates now in effect. These hats are worn by the ordinary consumer, for yarns valued at not more than 50 cents per pound, and valued at therefore the committee proposes a reduction from an equivalent au mm·e than 50 cents but not more than $1 per pound. The compensatory valorem rate of approximately 102 per cent, proposed in the House bill, duties in the three remaining br(lckets are reduced proportionate to the to an equivalent ad valorem rate of approximately 70 per cent. decrease in the wool duty. The p~otective rates of 40 and 45 per cent (2) The hearings before the subcommittee on Schedule 11 indicated are Increased to 45 and 55 per cent, respectively, because labor is a that, with efticlent management and modern machinery, the domestic greater part of the total cost than obtains in yarns ot I~wer value. manufacturer could operate at a profit under the rates proposed in the PARAGRAPH 1108.-DRESS GOODS AND OTHlim LIGHT-WJDIGHT FABRICS Oll' Senate bill. WOOL (3) The domestic wool-felt hat manufacturers employ approximately The committee eliminated the two lower value brackets providing 2,200 persons, whereas the domestic hat finishers employ from 25,000 for fabrics valued at not more than 80 cents per pound! and yalued to 75,000 persons.. 'l'he latter finish both domestic and foreign hat 1929 CONGRESSIONAL RECORD--SENATE 3389 bodies. .Therefore the committee proposes to retain the rate of 25 cents bringing the minlmum specific proviso into operation, rayon crepe yarn additional on finished hats. The specific duty of 40 cents is reduced would be on a duty parity with rayon yarn of ordinary twist, an to 30 cents per pound for the reason that these hat bodies are made inequitable adjustment in view of the extra labor involved in its manu­ mainly from noils and are, therefore, not entitled to the compensatory facture. The differential is added, therefore, to give these high-twist duty allowed on articles made from virgin wool. yarns the necessary protection. PARAGRAPH 1116.--()RIENTAL AND SIMILAR CARPETS AND RUGS AND PARAGRAPH 1302 CHENILLE AXMINSTERS The filaments provided for under this paragraph of the House bill are (a) The specific duty of 50 cents per square foot is retained on not confined to the short-length untwisted filaments, other than waste, oriental and other handmade carpets, rugs, an-d mats to protect the suitable for use as matet·ial in the manufacture of spun rayon yarn domestic manufacturer in the competitive field. The minimum ad on the cotton, silk, or worsted spinning system. In order to exclude valorem rate is reduced from 60 to 45 per cent for the reason that the the untwisted filaments of indefinite length which are adaptable for manufacturers, importers, and retailers agreed that the minimum ad throwing, there is added after the words " filaments of rayon or other valot·em rate upon the more expensive products was largely for the synthetic textile," the words "not exceeding 30 inches in length." purpose of revenue only. The re-duction of 10 per cent from the 1922 The manufacture of these short, untwisted filaments known as staple rate will tend to increase importations of high-grade, noncompetitive fiber, is virtually a new branch of the rayon industry, domestic produc­ rugs and will increase rather than decrease the net revenue derived tion having been conducted up to the present time by but one company therefrom. which manufactures it on a small scale as an adjunct to denier rayon yarns. Other companies are now about to initiate its manufacture. (b) Machinemade oriental weave and chenille Axminster carpets, The duty on staple fiber is therefore increased to foster the expansion rugs, and mats were placed in a separate subparagraph because they of this new development. Increased domestic production of staple fiber are directly competitive with domestic pt·oducts. The specific duty in will afford the manufacturers of spun rayon yarn an auxiliary raw the House bill of 50 cents per square foot would be prohibitive on the material to supplement the limited supply of rayon waste which is cheaper grades, therefore this duty is eliminated and a straight ad threatening to become inadequate both here and abroad for the growing valorem rate of 60 per cent is levied on all grades. Imports of chenille needs of the industry. Axminster carpets and rugs amounted, in quantity, to 55 per cent of the entire domestic pt·oduction of such rugs, woven whole, in 1927. The PARAGRAPH 1303 ad valorem rate of 60 per cent was requested by the manufacturers, The upward adjustment of the compensatory duty on spun rayon importers, and retailers. yarns from 10 cents per pound to 20 cents per pound is made in the SCHEDULE 12.-SILK MANUFACTURES first place because of the increase in the duty on staple fiber, one of the raw materials employed in its manufacture. Cognizance is also taken PARAGRAPH 1205 of the need of additional protection by the spun rayon yarn industry The duty on broad silks, other than Jacquard woven, is increased which has had its activity slackened by the competition of increasing from 55 to 60 per cent to afford the domestic-silk "industry, which bas imports of finer-count yarns. been in a depressed state in recent years, additional protection on a The bulk of the domestic business is done on these fine yarns, in number of types of fabrics on which there is competition from abroad. the production of which labor costs constitute a large element of the Fabrics with multi-colored filling which require slower processes of pro­ manufacturing expense. As European manufacturers have been able duction than ordinary plain-woven fabrics were pointed out by silk to undersell the domestic fine-sized yarns in the American market, manufacturers as being in particular need of additional protection. additional protection is granted to cover the difference between foreign Rayon-mixed fabrics, it has been shown, ali'!O require additional duty and domestic· manufacturing costs due to the additional labor involved to compensate manufacturers for the rayon yarns used therein. Euro­ on fine counts. pean producers have a competitive raw-material advantage over the PARAGRAPH 1309 American broad-silk weavers on rayon and other synthetic yarns No change in rate. The words "wholly or in part" have been sub­ which are higher in price in the United States by the amount of the stituted for ''wholly or in chief value" when applying to hosiery. present rayon duty. The decline in domestic production of " gloria " · '!'his is done because domestic manufacturers complain of increasing cloth, coupled with increasing imports from low-wage countries, such imports of men's half-hose in chief value of cotton (dutiable 50 per as Italy, are the factors which impelled the dome ·tic umbrella fabric cent) but having the body of rayon or other synthetic textile which industry to seek tariff relief. Although these are the primary classes are sold at r etail as rayon hosiery. of goods considered by the committee in raising the duty, the increase will also be effective on other plain silk fabrics, the bulk of which are PABAGRAPH 1311 habutais and pongees in the gray and degumme-d state imported from The duty on wearing apparel is reduced to make the rate consfktent the Far ·East. As such goods are low priced, requests have been made· with that imposed on knit wearing apparel in paragraph 1309, the dif­ to the committee for a specific rather than ad valorem basis of asse ·s­ ference in rates in the two paragraphs not appearing justifiable. · ment on these imports. Recognizing the need of an equivalent specific PABAGRAPH 1312 rate higher than the one operative on imports from China. and Japan The duty in the basket paragraph of the rayon schedum is reduced in 1928, the committee is of the opinion that in lieu of a specific to the level of the rate in paragraph 1311, covering rayon wearing scale of duty the increase in the present ad valorem rate will be apparel, in order to establish a relation of equality of duty between effective in affording the silk industry p.eeded and desired protection on these two paragraphs in accordance with the procedure adopted for the· these types of oriental silks. corrfsponding paragraphs in the silk schedule. PARAGRAPH 1208 PARAGRAPH 1313 The only change was the addition of · a clause excepting hosiery in Rayon, the designation adopted in 1924 by the National Dry Goods part of rayon or other synthetic textile from paragraph 1208 in order Association to supersede the term "artificial silk," is employed in the to avoid conflict with paragraph 1309 as amended. House bill as a generic term applicable to all types of chemical yarns SCHEDULE 13.-MA.NUFACTURES OF RAYON OR OTHER SYNTHETIC TEXTILE now commercially produced. Sponsored and promoted by the group of PARAGRAPH 1301 manufacturers employing the viscose pt·ocess, which represents more_ than 80 per cent of the industry, the term "rayon" has not been As written, the House bill provides in paragraph i301 for rayon adopted by the group of three companies using the nitrocellulose, cup­ yarns, which term in trade usage means ordinarily filaments which _in rammonium, and cellulose acetate processes as a descriptive name for the process of . manufacture are twisted together and are adaptable their products. Objection has been made particularly to the usc of the for use in textile operations without further conversion. Thus inter­ coined word " rayon" as a term inclusive of yarns made by the cellulose preted, the word " yarn " does not include artificial horsehair-a mono­ acetate method. These yarns have chemical and physical properties filament-nor the long-length filaments which, after extrusion from the sufficiently dissimilar to require dyes and dry-cleaning reagents wholly spinning nozzle, are wound by parallel grouping without twisting. dfl'erent from those employed in the treatment of yarns made by the Since such filaments may be twisted into a yarn by silk throwsters other three processes. Recognizing the possibility of confusion and loss and manufacturing consumers, they would be competitive after con­ to the consumer by merging the identity of such yarns with other typf's version from the imported state. There is, therefore, added to para­ of chemical yarns under " rayon " is a common generic name, the com­ graph 1301 a new provision for rayon tl.laments, single or grouped, mittee has adopte-d the principle of the Goldsborough amendment. Ac­ to cover both the artificial horsehair and the long untwisted filaments. cordingly, the word "rayon," wherever used in the House bill as a sub­ To aid the silk throwsters who are depending on the newly developed stantive, is supplemented by adding the words "or other synthetic tex­ dr mand for rayon, crepe yarns as a business stimulant to energize the tile." When employed as an adjective, before such nouns as "manu­ depressed throwing industry, there is appended to paragraph 1301 a factures," "yarns," "waste," "filaments," "sewing thread," etc., the new provision for a cumulative specific duty of 50 cents per pound on change is made by adding after these words the modifying prepositional yarns having more than 20 turns twist per inch. At the present House · phrase "of rayon or other synthetic textile." rate. the increment of duty obtained on the ad valorem basis by reason of the increased value of the high-twist yarns as compa.red with regular ScHEDULE 14.-PAPERS AND BooKs yams is not sufficient to take care of the difference between domestic The principal changes made by the Finance Committee in Schedule 14 and foreign throwing costs. Moreover, in the event of a price decline (papers and books) of the House bill are in the nature of clarifying 3390 CONGRESSIONAL RECORD-SEN ATE 8EPTE1\ffiER 4 clauses, amendments aimed toward clearer classifications to lessen liti­ pensatory. The committee took this action so that no undue burden gation, and a harmonizing of terms, weights, and thicknesses. Approxi­ should be placed on the pottery industry which utilizes the decal­ mately seven increases- in t·ates are shown and about the same number comanias in the decoration of chinaware. Other changes made in of decreases in rates are indicated. paragraph 1406 are in th€ rates covering die cutting and embossing, No changes of any description were made in paragraphs 14Q1, 1407, and In the increased thickness of -paper due to the use of bulkier types 1411, and 1412 of the House bilL In the lithographic industry. PARAGRAPH 1402 PARAGRAPH 1408 In paragraph 1402, wlllch provides for nonprocessed paper board, wall To the provlBion for envelopes is added " envelopes, ftlled or unfilled, board, and pulpboard, including cardboard, and leatherboard or compress whether the contents are dutiable or free" and the proviso, " That leather, the committee rephrased the processing terms employed with a paper envelopes which contain merchandise subject to an ad valorem view of eliminating ambiguities. No change in rates is made in this rate of duty or a duty based in whole or in part upon the value paragraph, thereof shall be dutiable at the rate applicable to their contents, but The terms " plate finished, supercalendered or friction calendered " not less than the rates provided for herein." The intent of the added are substituted for "glazed." The term " glazed " in tllis paragraph pJlraseology is to make dutiable envelopes for mailing lithographic is used in a descriptive rather than a commercial sense. Administrative greeting cards and other similar commodities. Under the present law officials have been unable to determine the exact degree of gloss which the packing for lithographed goods is not dutiable. 1s intended by the term "glazed." The terms " plate finished, super­ PARAGRAPH 1409 calendered or friction calendered " are here used to indicate a gloss The committee reverts to the language and rates of the act of 1922 produced by a secondary process. These processes, generally speaking, on both plain and printed hanging paper in paragraph 1409. The rates are obtained by passing paper or board over one or a series of rolls prevailing in the act of 1922 on filtering paper are restored, and the sometimes of different materials, with or without heat, under pressure. rate on cover paper specifically provided for in the House bill is Laminated board as known in the industry consists of two or more reduced. layers of board combined with an adhesive substance. Board composed of layers which have been united or combined by pressure on a multi­ PARAGRAPH 1410 cylinder machine in one process without the use of an adhesive substance The rate of duty on maps and charts in paragraph 1410 is increased is known in the trade as unlaminated board. The tet'ID. "laminated over the rate provided in the House bill. The only other change made by means of an adhesive substance " which is substituted for " laminated in this paragraph is a clarifying clause added to the brackets covering or pasted" in the House bill is here used to indicate· a board produced greeting cards, valentines, and all other social or gift cards. as a secondary process by combining two or more layers with the em- P.A.RA.GRAPH 1413 ployment of an adhesive substance. · The committee in paragraph 1413 employs the same language to Coated board is now held for tariff purposes to be ~ board the surface describe processes of paper board, pulpboard, cardboard, and leather­ of which is coated with a layer of some substance. Board to the sur­ board as are used in paragraph 1302. The committee also makes a face of which stain or dye has been applied In the same manner as a specific provision for ribbon flycatchers. coating, is now classified for duty as an uncoated board because the stain or dye is absorbed and there is no apparent coating on the surface SCHEDULE 15.-SUNDRIES of the board. The term " surface stained or dyed " is here used to GENERAL indicate a board to which stain or dye has been applied to the surface. Some of the important items now in the sundries schedule are bides, Lined board under the present law is held to be board to the surface leather, boots and shoes, manufactures of leather, laces and em­ of which a liner (outside or exposed layers) has been pasted after the broideries, toys, jewelry, manufactures of rubber, furs and fur goods, board was manufactured. ·vat-lined board is board to which a liner is cork products, fur felt and straw hats, sporting and athletic goods, applied in the form of a layer of pulp at the time of manufacture in and musical instruments. one process and is classified for duty as an unlined board. Vat-lined Schedule 15 is an important one from a revenue-producing stand­ board competes in the trade with lined board, and the term " lined or point. In 1927 the merchandise entered for consumption under the vat-lined" is here used · to indicate a board which has been lined by sundries schedule was valued at $226,.117,000, upon which -the duties means of pasting or which has been produced ·in the form of a layer amounted to $88,6~,000, being exceeded in value onii by Schedule 7 of pulp at the time of manufacture in one process. (agricultural products and provisions), and in duties only by Schedule The same terms used in paragraph 1402 to describe processed boards 5 (sugar, molasses, and manufactures thereof). The transfer in the are repeated in paragraph 1413. House bill of bides, leather, boots and shoes from the free list will tend PARAGRAPH H03 to increase the importance of this schedule as a revenue producer, The rate on manufactures of pulp in paragraph 1403 is increased from notwithstanding that diamonds and other precious stones, rough and 25 per cent to 30 per cent to correspond to the rate on paper not uncut, have been traDBferred to the free list and that the rate of duty specially provided for in paragraph 1409. Paper is a manufacture of on such stones, cut but not set, and on pearls has been reduced from pulp, and in-a case where an article manufactured of pulp and similar 20 to 10 per cent. to paper, though not known as paper, is imported, the same rate of CHANGES IN RATES OF DUTY AND TRANSFERS duty will apply whether the article be classified as pulp or of paper. The committee has made approximately 71 changes in the rates in PAR.AG:RAPH 1404. the House bill. Of this number, 49 are decreases and 22 increases. The chief change made in paragraph 1404 ls the inclusion in the Diamonds and other precious stones, rough or uncut, have been trans­ bracket covering crepe paper of a provision for paper wadding, pulp fet·red to the free list. Cotton wiping rags provided for in paragraph wadding, and manufactures of such wadding. The wadding referred 1555 of the House bill have been transferred to the cotton schedule, to consists of a number of thin, soft, highly absorbent layers, and is paragraph 922. A paragraph (new, 1557) relating to stamping and used for candy-box padding, surgical, and sanitary purposes, and similar embossing materials of pigments has been added. These articles appear uses.. Much customs litigation in the matter of classification has oc­ to be more appropriately provided for here rather than in paragraph curred, and by the specific mention of wadding the intent of the 382 {b) of Schedule 3, metals and manufactures of. Congress is made clear. PARAGRAPH 1501 (B).-ASBESTOS PRODUCTS The term " white or printed " as applied to light-weight paper is The words "synthetic resin" are inserted for the purpose of exclud­ restored. The inclusion of this term is to insure tissue papers when ing articles containing synthetic resin which might be manufactured printed taking the duty provided for light-weight papers rather than with a small asbestos content to take advantage of the rates of duty a lower duty in some other paragraph. in this paragraph. PARAGRAPH 1405 PARAGRAPH 1502.-ATHLETIC GOODS The committee restored the language and rates of the act of 1922 in paragraph 1405 on photographk paper for sensitizing and sensitized Subparagraph (b) emphasizes the intent to exclude from the para­ photographic paper. The House bill provided separate brackets for graph all articles designed chiefly for the amusement of children, basic blue-print and brown-print paper and sensitized blue-print and although some of such articles may afford incidental physical exercise brown-print paper, and materially reduced the rate on basic photographic or may be educational. Golt tees are specifically provided for to insure paper. their inclusion under this paragraph. PARAGRAPH 1406 PARAGRAPH 1503.-IMITATION SOLID PJlARL BEADS The principal change in paragraph 1406 is the reduction in the rates Domt'stic production of imitation solid pearl beads has decreased of duty provided in the Honse bill on ceramic decalcomanias. The from $5,000,000 in 1924 to $1,500,090 in 1928. Since 1924 Japan has rate on ceramic decalcomanias weighing not over 100 pounds per 1,000 been the chief source of imports of imitation solid pearl beads, some of sheets is reduced from $1.40 per pound and 15 per cent ad valorem to which are valued as low as one-eighth cent per inch. .Japanese beads, $1.25 per pound and 15 per cent ad valorem; on ceramic decalcomanias which at first were of such inferior quality as not to be comparable weighing over 100 pounds per 1,000 sheets the rate is reduced from with domestic Imitation pearl beads, have in the last few years improved 35 cents per pound and 15 per cent ad valorem to 30 cents per pound to such a degree that domestic manufacturers report severe competition and 15 per cent ad valorem. The rates in the two brackets are com- in the better grades, CONGRESSIONAL RECORD-SENATE 3391

According to a preliminary statement of information issttOO by the PA.R.AGRAPH 1511.-MA.NUFACTUBES 011' CORK United States Tariff Commission in connection with a cost-of-production The domestic cork industry in 1927 consisted of 26 establishments, investigation, the lowest selling price in 1926 of domestic-made beads which employed about 4,000 workers, and had a product valued at over ranged from 3.34 to 5 cents per inch, with an average cost of produc­ $17,000,000. The chief cork products manufactured in this country are · tion, not including selling expenses, of 2.79 cents per inch. The average bottle corks, wafers and washers, tile, and cork insulation. Production import value per inch falling within the same price range was 1.01 has increased little in recent census periods and has apparently been cents for Japan and 1.06 cents for France. in.fluenced by large increases in the imports of cork stoppers, wafers, PARAGRAPH 1505.-8TRAW BRAIDS AND HATS and washers, tile, and insulation. Sales of domestic stoppers were Braids: Subparagraph (a), dealing with braids, etc., composed wholly nearly $600,000 and insulation about $630,000 less in 1927 than in or in chief value of straw, chip, etc., has been changed by the com­ 1926. mittee, which added the following language: "Any of the foregoing Imports consist chiefly of insulation, stoppers, tile, wafers, and wash­ containing any part, however small. of rayon or other synthetic textile, ers. Insulation as now made is purely an American development, but 90 per cent ad valorem." since the war Spain and Portugal have increased their production of Under the act of 1922 pedaline braids entered under the provisions this article many times and have been sending insulation to this country of paragraph 1430 at 90 per cent ad valorem, but under a recent inter­ in largely increased amounts in recent years. Imports, which were less pretation such braids were classified under paragraph 1406 of the act than 9,000,000 pounds in 1921, increased steadily and in 1927 were of 1922 if in chief value of hemp at either 15 or 20 per cent ad over 50,000,000 pounds. In 1927 and 1928 imports of cork insulation valorem. formed approximately 50 per cent of domestic consumption. Because For the purpose of clarifying the matter the committee added the of this competition two domestic firms have purchased factories abroad, above language so that braids made of strands or filaments wrapped are importing large and increasing amounts of insulation from their or treated with rayon or synthetic textile similating or substituting for foreign factories, and have decreased their domestic production. In pure rayon or synthetic textile braids will be dutiable at 90 per cent ad addition to the two American firms who manufacture insulation abroad, valorem, the same rate provided for rayon or synthetic textile braids in one other American firm is importing increased amounts of insulation pa.tagraph 1529 (a), report of the Senate Finance Committee. and curtailing domestic production. This action was deemed justifiable by the facts developed in the The remarks made in regard t_o Cot'k insulation. are, in general, true hearing. of cork tile. It is an American development. Imports averaged about Straw hats: The number -of wage earners employed in the men's 560,000 square feet in the three years 1926-1928, with a value of just straw-hat industry has declined since 1914. American manufacturers over 10 cents per square foot. This was about 40 per cent of the in 1914 furnished 94 per cent of the consumption of straw hats in the total domestic consumption. United States and in 1928 approximately 50 per cent. Wages in Italy, There were no imports of cork stoppers made of artificial or com­ the chief competing country, average $6.72 for a 48-hour week as against pressed cork in 1928, and only minor quantities in prior years. . Prac­ a wage of $1 an hour for straw-hat makers in the United States. The tically all imported stoppers are of natural cork bark. Imports have report of the Tariff Commission (July 17, 1925) to the President increased 169 per cent in quantity, 476 per cent in total value, and showed that the total manufacturing cost per dozen in Italy was $5.98, 114 per cent in average value per pound since 1922. The value of compared with $12.74 for domestic. The cost, including transportation imports in 1928 was nearly 30 per cent greater than in any prior year to New York, for Italian bats was $7.08 per dozen, and an ad valorem and the increased unit value per pound has resulted in a lower equiva­ duty necessary to equalize on the basis of foreign valuation was 88 per lent ad valorem duty than in 1922. cent ad valorem. Shell corks are perforated stoppers and are used in toilet and con­ Since the President's proclamation (effective March 14, 1926), which diment bottles and other similar containers. They are made of very placed a duty of 88 per cent ad valorem on men's sewed straw hats high-grade cork, there is much breakage and waste, and the cost of pro­ valued at $9.50 or less per dozen, imports entered under this classifica­ duction and unit value are proportionally high. The domestic price of tion have decreased in number, value, and unit value. Imports of other these corks was stated in testimony to be $2.65 per pound, and that sewed hats entered under the 60 per cent ad valorem rate have increased of the imported $1.30 per pound, exclusive of duty, a difference of $1.35 very rapidly. Other sewed hats included not only men's sewed straw per pound. The rate of duty has been made 75 cents per pound. hats valued at more than $9.50 per dozen but also sewed hats made of Tbe comments on shell corks, except as to use, apply to cork pen­ material other than straw regardless of the value of the hat. Thus holder grips, although the latter have a considerably higher cost of men's sewed hats made of chip braid, similar in appearance to and production. The domestic price was testified to be $7.20 per pound, competing with men's sewed straw hats, valued at $9.50 or less per while the prevailing import price, exclusive of duty, was $4.30 per dozen, are dutiable at 60 per cent and not at the proclaimed rate of 88 pound. The rate of duty has been made $1.50 per pound. per cent. In 1927 imports of sewed hats dutiable at 60 per cent num­ Imports of disks, wafers, and washers are unimportant with the bered 750,240 hats; in 1928, 1,808,214 hats; in 1929 (January-June, exception of those three-sixteenths of an inch or less in thickness, made inclusive), 2,873,084 hats. At the same time the unit value per hat of natural cork bark, which averaged over $600,000 per year for the decreased from 68 cents in 1927 to 33 cents in 1929. last four years, 1925-1928. Subparagraph (c) has been added by the committee in order to pro­ P.ARA.GB.APH 1513.-'.l'OYS tect the domestic manufacturers in case of importations of hats, bon­ Domestic production in establishments primarily engaged In the nets, hoods, composed wholly or in chief value of any braid not provided manufacture of toys, including playground equipment, increa.!led from for in this paragraph, if such braid is composed in any part, however $35,491,345 in 1923 to $66,844,886 in 1927. The total number of small, of rayon or other synthetic textile. employees and the total wages paid also increased in this period. The PARAGRAPH 1506.-BROOMS AND BRUSHES total value of toys imported under this paragraph decreased from Domestic production of brooms decreased from $26,261,824 in 1923 to $8,082,322 in 1923 to $4,611,393 in 1927. Evidence submitted showed $18,444,912 in 1927. Imports decreased from $51,693 in 1923 to $10,751 that keen competition exists due to the large quantity of toys imported, in 1927. Evidence was submitted that increased imports of brooms are particularly from Germany, described and classified otherwise than as to be anticipated by reason of recent exports of domestic broom ma­ toys, imder other paragraphs, wherein these articles are dutiable at chinery to certain European countries in which supplies of broomcorn lower rates than the 70 per cent here provided. are available. The manufacture of pyroxylin dolls and toys, composed of products The ratio of the total number of imported toothbrushes having han­ provided for in paragraph 31, is carried on in establishments other dles composed of products provided for in paragraph 31 to the total. than those included in census figures as toy manufacturers. number produced annually in the domestic industry is 50 per cent or An unusually large amount of customs litigation caused by the classi­ more, the principal competition being in those retailing at from 10 to fication of articles ordinarily known as toys has occurred. In the act 25 cents each. Japan is the principal source of these imports. Domestic of 1922, such articles have been classified under paragraph 223 toothbrush production, which is carried on mostly in establishments not (optical instruments), paragraphs 211 and 212 (toys of earthenware, controlled by pyroxylin manuf.a.cturers, has been materially curtailed by china, etc.), paragraph 385 (tinsel toys), paragraph 1402 (sporting reason of the quantity of toothbrushes imported. Competition from im­ goods), paragraph 1443 (musical instruments), and toy favors, sou­ ported toilet brushes having pyroxylin handles or backs is less keen than venirs, containers, etc., generally heretofore have been assessed for duty for toothbrushes. Information has been submitted ·to show that at less than 70 per cent. These articles are made dutiable under this pyroxylin brush handles and backs are· apparently being imported in con­ paragraph. siderable quantities at low prices. With respect to toilet brushes By striking out House bill phraseology, dolls and doll clothing, mounted in gold, etc., testimony has been given that these articles are composed in part of laces, embroideries, etc., are excluded from this not products of the brush industry ; that they are usually sold as com­ paragraph, the effect being to make these articles dutiable under para­ ponent parts of sets; and that such articles require a duty of 60 per graph 1529 (a) without special mention. Other doll clothing is specifi­ cent advaloren. Imports of hair pencils increased from 3,045,249 in cally excluded from the paragraph, and will become dutiable according 1923 to 17,820,720 in 1927, but these articles are not manufactured in to the nature of the article. By eliminating Honse bill phraseology, the United States. dolls, toys, and parts thereof, composed ot products provided for in LXXI--214 3392 CONGRESSIONAL RECORD-SEN ATE SEPTEJ\IBER 4 paragraph 31 are made dutiable at the 70 per _cent rate. Toy favors, The committee transferred diamonds and other precious stones, rough etc., not specially provided for in the act of 1922 or in the House bill, or uncut, to paragraph 1668 of the free list; and reduced the rate on are here specially provided for. The term "toy" is defined with the diamonds and other precious stones, cut but not set, and on pearls or intention of insuring classification under this paragraph of all articles parts of pearls, in an effort to reduce the incentive to smuggle . . chiefly used for the amusement of children. It is intended by the The committee inserted "and iridescent imitation solid pearls " to phraseology included in the proviso, adopted in the House bill and make the phraseology of this paragraph correspond with the phraseology approved by the committee, and by including the definition of "toy," in paragraph 1503. by striking out special mention of toys in paragraphs 211, 212, and The committee struck out "not coated with fish-scale solution," as 385, and by including new phraseology in paragraphs 228, 1502, and otherwise there would be no provision in this paragraph for imitation 1541 (d), to make all toys dutiable at 70 per cent under this para­ half pearls "coated with fish-scale solution." graph, excepting that wherever toys .are- dutiable elsewhere under other PARAGRAPH 1529 (B) .-HANDKERCHIEFS descriptions at more than 70 per cent, such other rate shall apply. The compound rate of 4 cents each and 40 per cent ad valorem on PARAGRAPH ;514.-A.BRASIVES embroidered or lace-trimmed handkerchiefs was changed because the Grain or ground garnet, covered by the provisions of paragraptt 214 equivalent ad valorem rates based on these figures were considered as a mineral substance, was nevertheless held by Treasury decision abnormally high on low-grade goods. exempt from duty as ground ore under paragraph 1619 of the 1922 In the revised rates of 3 cents each and 40 per cent ad valorem act. It has been included by the committee with other abrasives at the value limit of 60 cents per dozen was set so that low-grade goods the same rate carried by them. imported from countries having unusually low production costs can A clause is added to the paragraph to cover certain alloy content of not come in below an equivalent ad valorem rate considered sufficient abrasives. It is intended to apply to metallic carbides and other hard to protect the domestic manufacturer. materials used as artificial abrasives. The minimum rate of 75 per cent ad valorem was set so that under The rates are approximately the same as rates on similar products the compound rate the higher grade goods could not come in at an in other paragraphs. equivalent ad valorem rate lower than that of the present law. PARAGRAPH 1516.-MATCHES The additional rate of 1 cent each on handkerchiefs having hand­ The total value of the domestic production of matches of all kinds made hems or hand-rolled hems was imposed in order to encourage the hand workers in Porto Rico who tend to specialize in those types increased from $23,940,064 in 1923 to $24,725,404 in 1927. The total number of establishments, wage earners, and wages paid decreased in of hems. that period. Practically all of the imports consist of single-tipped, PARAGRAPH 1529 (C).-ELASTIC FABRICS strike-on-the-box matches. Nearly all of these come from Sweden or It was brought to the attention of the committee that the House from some of the foreign countries in which producti(}n is controlled provisions imposing a dui:y of 60 per cent ad valorem on elastic fabrics by a large Swedish producer. Domestic competition ft·om imports is in part of india rubber, more than 12 inches ill width, could be evaded increasing. Imports increased from 3,534,856 gross boxes in 1923 to by bringing in fabrics of less than 12 inches in width and sewing them 5,519,616 gross boxes in 1928, the unit foreign value showing a decrease together. The committee mendment, therefore, strikes out the size in that period from 46 to 37 cents per gross. Very few matches similar limitation, so that the 60 per cent rate will apply regardless of width. to those imported are made at present in the domestic industry, al­ PARAGRAPH 1530.-LEATHER AND MANUFACTURES OF LEATHER though such matches could be made with minot· adjustments in present Leather: The tanning industry o.f the United States has been In a equipment. Information obtained from the United States Department depressed condition since the World War. Many plants have been of Agriculture bulletins and from trade sources leads to the belief that dismantled and many are operating part time only. In 1928 there abundant supplies of wood suitable for the production of the strike-on­ wet·e 51,940 laborers employed in domestic tanneries, as compared with the-box matches and match splints and skillets is available in the United 59,703 in 1923, a decrease of 13 per cent. Salaried employees have States. decreased 800 in number during this period. Imports have increased The rate of duty on imports of matches in boxes containing more than rapidly while exports have declined. Leather is one of the key indus­ 100 matches each bas been adjusted so as to make the rate per 1,000 tries vital to national defense and has not shown profitable conditions matches equal to the rate per gross boxes. in recent years. In order to protect the industry against the increasing PARAGRAPH 1519.-FURS foreign competition and to compensate for a duty on raw materials, Dressed dog, goat, or kid skins, and plates, mats, etc., thereof, are duties have been placed on the various classes of leather, which will made dutiable at the rate of 10 per cent ad valorem. The words tend to equalize the differences in material and labor costs in the United States and foreign countries. "linings, strips," have been added in order that importations under the cla.ssification will receive the same rate as plates, mats, etc. An entirely new subparagraph (c) has been inserted. This new sub­ Mats and strips have been added in order to make rates uniform paragraph covers in more detail the various classes of leather, contained therein, and places the same duty on leather cut or wholly or partly with manufactures of fur further advanced than dressing, prepared for manufactured into uppers, vamps, or any forms or shapes suitable for use as rna terial. conversion into boots, shoes, or footwear as the leather from which they PARAGRAPH 1527.-JEWJCLRY are manufactured. Foreign .competition on novelty jewelry made of metal other than gold Boots and shoes : The total domestic production of boots and shoes or platinum has increased greatly in recent years, especially from during the period January-June, 1929, showed an increase of 2.3 Czechoslovakia, France, and Germany. Imports have doubled in value per cent, as compared with a similar period in 1928. Imports of and increased almost tenfold in quantity since 1923. leather footwear increased from 871,074 pairs, valued at $1,091,916, in Domestic production of jewelry in 1927 was $164,000,000, a decrease 1922, to 3,249,939 pairs, valued at $9,273,406, in 1928. During the first of $10,000,000 since 1923. It is estimated that $45,000,000 of the six months of 1929 there were imported 4,201,441 pairs of leatbet· foot­ $164,000,000 in 1927 was novelty jewelry, with decreased production wear, valued at $10,024,344, as compared with 1,437,183 and 2,195,125 in 1928. - pairs during the corresponding respective periods of 1927 and 1928. After adding duty and other charges to foreign invoice value of Women's shoes continue to dominate the imports, coming principally imports of novelty jewelry, it is estimated that at least $10,000,000, or from Czechoslovakia. The competition of these imports is most keenly about 25 per cent, of domestic production of novelty jewelry on a value felt by manufacturers of MacKay type of women's . shoe , who are basis-and even a greater percentage on a quantity basis-has been located principally in Massachusetts. The importation of the women's replaced by imports. turn shoes, produced in Switzerland, is felt by the domestic manufac­ The committee amendment inserting the words " or of which the turers located principally in Brooklyn, N. Y. The average wage in the metal part is wholly or in chief value of gold or platinum " is for shoe industry of Czechoslovakia, the principal competing country, is the purpose of making a piece of jewelry, etc., when of gold or platinum, about one-third that prevailing in the shoe industry in this country. but in chief value of a precious stone, dutiable at 80 per cent instead A duty has been placed on boots and shoes, which is compensatory of at the higher rate provided in the House bill. for a duty on hides and leather and also protective in order to bring PARAGRAPH 1528.-DIAM:ONDS about nearer equalizations of foreign and domestic labor costs. Imports of diamonds in 1913 were $37,458,995, and in 1927, PARAGRAPH 1535.-FISHING TACKLE $52,206,377. There is no record of the number of carats imported in The committee amendment restores the rates and language of the 1913, but as the cost of diamonds per carat in 1927 was two and one­ 1922 act. ' third times that of 1913 and the number of carats imported in 1927 PARAGRAPH 1539 (B).-SYNTHETIC RESIN was 682,666, it follows that approximately 1,140,000 carats were im­ The committee has retained the provision for laminated products ported in 1913. This is a decline of 450,000 carats. It is known that of which any synthetic resin or resinlike substance is the chief binding the world production of diamonds in 1927 was much greater than in agent, in sheets or plates and in rods, sheets, and tubes, or other 1913, and that the United States to-day is buying a much larger pro­ forms, and manufactures wholly or in chief value of any of the fore­ portion of the world production than in 1913. It 1s claimed, therefore, going. that the amount of diamonds coming into the United States is almost This provision covers laminated products made from paper, or paper, as great as the amount of diamonds passing through customs. cotton, linen, or other material united with a synthetic resin or resin- 1929 CONGRESSIONAL RECORD-SENATE 3393 like substance. One of the two fmportant us-es is the manufacture of in paragraph 407) whfch have been exported with benefit of draw­ parts of electrical· and mechanical machinery. The high dielectric prop­ back, but only upon the payment of th.e amount of the drawback. The erties render them of special importance as insulating material for committee amendment relieves from the repayment ot the drawback automobile parts, radio sets, and other electrical equipment. They such containers or coverings as contain merchandise free of duty or also have mechanical uses, such as for silent gears and other parts of subject to a specific duty. machinery. Under existing law films of · American manufacture exposed abroad The phrase " provided for in paragraph 28," has been deleted in are entitled to free entry, except moving-picture films. The House order to include not only synthetic resin or resinlike substances pro­ bill confines the exception to such moving-picture films as are to be vided for in paragraph 28, but the new synthetic resins provided for used for commercial purposes, thus permitting the free entry of moving­ in paragraph 11, which have already assumed commercial importance. picture films imported neither for exhibtion for profit nor for sale. The words "strips, blanks," have been inserted in order to include The committee approves this provision of the House bill. laminated material cut into strips and blanks, and covered by the phrase PARAGRAPH 1623.-BREA.D "or other forms." These strips and blanks belong to the same class The definition of bread has been revised so that the intention of as rods, tubes, and blocks. the comm.ittee might. be carrie~ out that only ordinary light-raised The phrase " or of any other product of which any synthetic resin bread such as is commonly used in the United States should be free or resinlike substance is the chief binding agent,". has been inserted ot duty and not the various forms of so-called Swedish rye breads in order to make specific provision for an important group of products which resemble hard crackers in appearance and taste. These rye known as molded products. These are made by molding under beat breads will automatically be provided for in paragraph 733, where they or heat and pressure a mixture containing synthetic resin or a resin­ become dutiable as biscuits or crackers at 30 per cent ad valorem. like substance and a filler, such as wood flour and pigmimts. Molded products included in this provision cover a wide range and PARAGRAPH 1640.-BURRSTONES, MILLSTONES, ETC. are used chiefly in electrical or mechanical machinery where require­ 'l'he committee amendment places on the· free list buustones, which ments of electrical insulation properties, mechanical strength, exact­ under the House bill and 1922 act were dutiable at 15 per cent ad ness of form or size, and resistance to destructive agents, render them valorm. of peculiar importance. These molded produc-ts find a multitude of PARAGRAPH 1643.-TYPEWRlTERS AND PARTS THEREOF uses. The transfer of the word " typewriters " from paragraph 1786 of PARAGRAPH 1552.-PIPES AND SMOKERS' ARTICLES the House bill this paragraph results in the transfer of parts of type­ Domestic production of pipes and smokers' articles dec1·eased · from writers, such as ribbous and ribbon spools, from the dutiable list to $9,704,816 in 1923 to $7,273,806 in 1927. Of the 1927 total, $6,946,570 this paragraph of the free list. represents pipes, most of which have bowls of brierwood. In the same PARAGRAPH 1654.--cOFFEE period the total number of domestic establishments decreased from 30 Coffee is one of the most important industries in Porto Rico, and in to 23, the. total number of wage earners from 2,402 to 1,807. Total order that she may have control of her domestic markets an exception wages paid also show a material decrease. In an investigation of brier­ bas been made in this paragraph for coffee imported into Porto Rico wood pipes by the Tariff Commission and in testimony submitted at and upon which a duty may be imposed by the Porto Rican Legislature hearings, information was obtained tending to show that .competition under authority of section 319. from imports of such pipes, particularly those in the lower grades, has seriously affected the domestic pipe industry, and that the rate of duty PARAGRAPH 1664.-METAL DROSSES on such pipes under the act of 1922 has been inadequate. The new phraseology gives the term " metallic mineral substances It is estimated that approximately 75 pe.r cent of the imports of in a crude state" a more definite meaning by the specification of cer­ pipes consist of those having brierwood bowls. Evidence was also tain metallurgical by-products. . submitted to show that the imports of cigar and cigarette holders, com­ The term "metals unwrought" is deleted, because most of the posed of synthetic phenolic resin have practicruly eliminated the domes­ alloys and other materials now classified under such terms have been tic production of such articles and that a wide variance exists between given specific mention in the chemical and metal schedules, and it . is the foreign and domestic production costs. Testimony was also given intended that such articles as ferroalloys not at present in use shall be as to the possibility of substituting pipes having bowls made of mate:. dutiable under paragraph 302 as alloys not specially provided for, rials other than brierwood and holders composed of materials other used in the manufacture of steel, or under other clauses of that para­ than synthetic resin. Such pipes and holders should be made dutiable graph, unless more specifically provided for in the dutiable schedule. at the same rate as brierwood pipes and holders of synthetic resin. PARAGRAPH. 1667.--cYANIDE PARAGRAPH 1557.--BTAMPING AND EMBOSSING MATERIALS Sulphocyanide or thiocyanides, thiocyanates, nitroprussides,. ferro­ This paragraph provides for articles similar in use to those provided cyanides, ferricyanides, and cyanates belong to classes chemically dis­ for in paragraph 382 (b), but composed of pigments instead of metal tinct and separate from the true cyanides, and have been specifically powders. They are now dutiable as surface-coated paper at com­ excluded from- paragraph 1667, thus placing them in paragraph 5 at pound rates. 25 per cent ad valor~m. SCHEDULE 16.-FREE LIST PARAGRAPH 1682.--GAME ANIMALS AND BIRDS PARAGRAPH 1601.-NITRIC ACID The provision for free importation of game animals and birds for The committee amendment restores nitric acid to the free list, where stocking purposes, which under the House bill was limited to United it is found under the 1922 act. The House bill made it dutiable at one­ States or State game officials, is broadened to include importations half of 1 cent a 1Jound under .Paragraph 1. made by any person under regulations of the Secretaries ·of the Treas­ ury and of Agriculture. A .Provision has been added for the free entry PARAGRAPH 1604.--cRE.AM SEPA.RA':OORS of game animals and birds killed in foreign countries by residents of ·The change in valuation results in transferl'ing machines valued at the United States. more than $40 but not more than $50 each to paragraph 372 at 25 PARAGRAPH 1687,-EXPLOSIVES per cent ad valorem. The phrase " and not wholly or in chief value of cellulose esters " PARAGRAPH 1607.-ANIMA.LS FOR EXHIBITION has been inserted in paragraph 1687 in order to exclude from free The express provision of the House bill relating to fish was elimi­ entry sporting powders or any other explosives in chief value of nated in this paragraph, because fish brought in for the purpose of cellulose esters, which includes the guncotton type now dutiable under breeding or exhibition are already made free of duty under paragraph paragraph 31 at 60 per cent ad valorem. This will also prevent im­ 1677 as "Fish imported to be used for purposes other than for portation of cellulose ester explosives, which are suitable either with human consumption." or without chemical treatment for use in the preparation of low vis­ PARAGRAPH 1612.-ARROWROOT cosity .nitrated cotton for lacquers or other purposes. The committee amendment puts on the free list arrowroot, manu­ PARAGRAPH .1692.--GRINDSTONES factured, and starch and flour, which are at present dutiable under The committee amendment places on the free list grindstones, which paragraph 85 of the 1922 act as starch. This change has been made under the House bill and 1922 act are dutiable at $1.75 per ton. in order to permit the free entry of arrowroot starch, .which is very PARAGRAPH 1703.-JUNK easily digested and used largely in the preparation of baby foods, The committee amendment strikes out the provision for free entry PARAGRAPH 1615.-AMERIC.AN GOODS RETURNED of old junk on account of numerous administrative difficulties in classi­ The 1922 act and the House bill permit the free entry of articles of fying articles under this paragraph. It is believed that any small item domestic growth or manufacture when returned without advance in which, under existing law, falls under this paragraph, would under the value or condition, but only if imported by the exporter. The com­ committee amendment probably be classified as waste un~er paragraph mittee amendment removes this limitation as to the importer. 1555. In view of the fact that a small amount of tarred rope, not suit­ The 1922 act and the House. bill admit free of duty containers or able for paper making and used for making oakum, is being imported, coverings of American manufacture (except fruit box~ provided for the committee amendment retains thi~ on the free list as waste rope. 3394 CONGRESSIONAL RECORD-SENATE· SEPTEMBER 4

P .A.RA.GRAPH 1705.-KIESERITE PARAGRAPH 1782.-TAR AND PITCH The committee amendment restores to the free list kieserlte, which The committee amendment restores to the free list wood tar and is free under the 1922 act, but which under the House bill is dutiable pitch of wood, which under the House blll were dutiable at 1 cent per under paragrttph 50 at one-fom.1th of 1 cent per pound. pound. PARAGRAPH 1713.-MANGANESI!I ORES PARAGRAPH 1784.-IMPURE TEA The committee amendment makes free of duty manganese ores and The eommittee amendment places on the free list impure tea, tea manganese concentrates, which under the House bill and 1922 act were waste, and tea siftings and sweepings, which under the House bill and dutiable under paragraph 302, if containing in excess of 30 P"r cent of the 1922 act were dutiable at 1 cent per pound. metallic manganese, at 1 cent per pound on the metallic manganese. PARAGRAPH 1787.-ALLOYS OF TIN PARAGRAPH 1723.-MUZZLE-LOADING FIREARMS Alloys in chief value of tin, which by the committee amendment are The committee amendment makes free of duty muzzle-loading fire­ made free of duty under this paragraph, are· under the 1922 act and the arms, which under the House bill and 1922 act are dutiable at 25 per House bill free of duty as metals unwrought. · cent ad valorem. PARAGRAPH 1789.-TRUFFLES PARAGRAPH 1725.-TRAWL NETS Truffles have been transferred to the free list from paragraph 766, The committee amendment strikes out the words " or vegetable fiber " since they are not produced in the United States. for the purpose of preventing the free entry of nets, such as shrimp PARAGRAPH 1799.-TRAVELElRS' EXE-MPTION nets, of vegetable fiber other than manila, made on the otter trawl The committee amendment increases from $100 to $200 the amount principle. of personal or household effects or souvenirs admitted free of duty in PARAGRAPH 1727.--QIL-BEARING SEEDS case of returning residents to the United States. Free entry is provided for kapok seed and rubber seed, which are oil­ PARAGRAPH 1802,:._WITHERITlil , bearing seE>ds imported to a certain extent and not produced in this country. The words " crude and unground " have been inserted after " with­ PARAGRAPH 1728.-DRUGS erite" in order to include in the free list only natural witherite not advanced in value or condition by grinding or pulverizing. Ground or The committee amendment places on the free list gentian, sarsaparilla pulverized witherite will be dutiable under paragraph 214 at 30 per cent . root, belladonna, digitalis, henbane, stramonium, and ergot, which under ad valorem. the 1922 act and the House bill are dutiable under paragraphs 36 and 37 at various rates. PARAGRAPH 1811.-STAINED-GLASS WINDOWS PARAGRAPH 1732.--{)ILS, DISTILLED OR ESSENTIAL The committee amendment removes from the free list stained or painted glass windows valued between $15 and $35 a sq_uare foot _which _ The committee amendment places . on the free list eucalyptus oil, are 'Yorks of art and imported for use in churches. which under tbe House bill and 1922 act was dutiable at 25 per cent ad valorem. PARAGRAPH 1812.-ANTIQUES PARAGRAPH 1733.--{)ILS, EXPRESSED OR EXTRACTED The committee amendment places on the free list rugs and carpets made in the year 1700 or prior years which are works of art, and takes The committee amendment places on the free list inedible rapeseed, off the free list all antiques made in the period between 1800 and the sunflower, and sesame oils, which under the 1922 act and the House bill date of importation. were dutiable at various rates. The committee amendment also places on the free list violins, violas, The Horise bill and the eXisting law place on the free list Chinese and violoncellos, and double basses, made in the year 1800 or prior yea-rs. Japanese tung oils. The committee amendment makes free tung oil of whatever kind and from whatever country. PARAGRAPH 1813.-GOBELIN TAPESTRIES The committee amendment places on the free list Gobelin tapestries PARAGRAPH 1735.-NICKEL OXIDE used as wall hangings, manufactured under the direction and the control The committee amendment places on the free list' nickel oxide, which of the French Government. under the 1922 act and the House bill is dutiable at 1 cent per pound. 'VENETIAN GLASS MOSAICS PARAGRAPH 1738.-LONDON PURPLE The committee amendment strikes out the provision of the House bill The committee amendment places on the free list London purple, . (par. 1807 of the House bill), placing on the free list Venetian glass which under the 1922 act and the House bill was dutiable at 15 per mosaics which are works of art. The effect of the amendment is to cent ad valorem. make these articles dutiable at 60 per cent ad valorem. PARAGRAPH 1753.-PATNA RICE TITLES Ill AND IV.-SPECIAL AND ADMINISTRATIV1!1 PROVISIONS The House bill restricted the free importation o.f Patna rice to rice Your committee in its report upon the special and administrative imported for use in soups. The wording of the act of 1922 is restored, provisions of the bill has, in general, adopted the policy of discussing since it appears that the same reasons for the free importation for only the changes proposed by it to the House bill. A discussion of the soups apply to free importation for other canned foods. amendments made by tbe House to the existing law and unchanged in PARAGRAPH 1757.-Ii'ROZEN SEJA HERRING the bill as reported will be found under the appropriate headings on Frozen sea herring has been transferred to the free list from the pages 158 to 187, inclusive, of the House report. (H. Rep.t. No. 7, 71st basket clause of paragraph 717 (a) because of the inadequate domestic Congress, 1st sess.) However, in a -few instances, where the subject production of sizes suitable for smoking. was thought to be of such importance that it deserved speCial consid­ eration, a discussion has been given of provisions in the House bill PARAGRAPH 1758.--cHICKPEAS which are unaffected by the amendments reported by your committee. Chickpeas or garbanz~s are transferred to this paragraph of the free "SECTION 304.-MARKING list from paragraph 767, since they are not produced commercially in this country. Cowpeas are also provided for here rather than in para­ The existing law requires that all imported articles be marked to graph 768,-since imports,_ other than blac.keyes, which have been ruled indicate the country of ol'igin. The law authorizes no exceptions to be made. The House bill required the marking of every imported article to be dutiable as beans, are negligible. and its immediate container, and delegated to the Secretary of the PARAGRAPH 1761.-SHINGLES Treasury authority to make such exceptions as he deemed advisable. The committee amendment restores to the free liRt shingles, which 'l'he bill as reported provides that the Secretary of the Treasury may under the House bill were dutiable at 25 per cent ad valorem. except any article from the marking requirements if he is satisfied that PARAGRAPH 1767.-SODIUM NITRATE AND SALT CAKE the al'ticle is incapable of being m!lrked, or can not be marked without injury, or that the marking of the container alone will be a reasonably The words " crude or refined" have been inserted after the word sufficient indication of the country of origin of the article. No author­ "nitrate " in order to include in the free list all grades of nitrate of ity is given to except the container from the requirement for marking, soda. as it is not believed_ that any case will arise where such exception is The word " crude " has been inserted before " salt cake " in order to required. confine paragraph 1767 to crud-e salt cake and to permit the classifica­ The manner of marking was left by the House bill entirely to the tion of refined salt cake or sodium sulphate under paragraph 82. regulations of the Secretary of the Treasury. Your committee is of the PARAGRAPH 1775.-SILICA opinion that certain primary requirements of the existing law should be By the insertion of the word " silica " in paragraph 1775, entry free included, and has therefore written in t.he requirements that the mark­ of duty is provided for the classes of silica subject to duty under the ing must be in a conspicuous place and as nearly indelible and perma­ provisions of paragraph 207 of existing law, as well as for all other nent as the nature of the article will permit. commodities, not specially provided for, commercially · or commonly Your committee believes that, in order tg prevent the evasion of the known as silica. marking provisions by subsequent covering or obscuring of the marks, 1929 CONGRESSIONAL RECORD-SENATE 3395 the penalties provided in subdivision (b) of the section should apply to it would seem that the effect of the House provision would be to take . the covering or obscuring of any mark with intent to conceal the infor­ the business from the American mills at Buffalo and other points on mation given thereby, and bas amended the subdivision accordingly. or near the Great Lakes and throw it to Canadian mills. SECTION 305.-IMMORAL ARTICLES Your committee feels that the House amendment to the existing law would result in little or no benefit to any .American farmers or The existing law prohibits the importation of certain obscene or millers and in very considerable harm to many millers. In the bill as immoral matter, articles for the prevention of conception, and lottery reported it has, therefore, been eliminated. tickets. The House bill contained, in addition to the language of the present law, a provision prohibiting the importation of any printed or SECTION 313.-DRA WB.A.CK written matter urging treason, insurrection, or forcible resistance to The House bill contains an amendment to section 313 of the existing any law of the United States, or containing a threat to take the life law corresponding to that made in section 311 relat ing to milling in of or inflict bodily harm on the President of the United States. Your bond, which would prevent the exportation with benefit of drawback committee feels that such a threat against any other person in the of flour or by-products thereof produced from imported wheat. In United States is equally obnoxious and that the provision should not conformity with the amendment made to section 311, the existing law be limited to the President alone. The bill as reported extends the has been restored in the bill as reported. language to prohibit the importation of matter containing any such The House bill contains an amendment to existing law limiting the threat against any person in the United States. drawback privilege to articles exported within five years after the im­ SECTION 306.-PLANT QUARANTINE portation of the foreign merchandise. Your committee has reduced Under the plant quarantine act of August 20, 1912, the Secretary this period to three years, as bad been provided in a Treasury regula­ of Agriculture i.s authorized to forbid the importation into the United tion, declared invalid by the Court of Customs and P atent Appeals. States of any class of nursery stock and plant products whenever he It would seem that three years is a reasonable and sufficient period determines this to be necessary in order to prevent the introduction within which to take advantage of the drawback privilege. into the United States of any plant disease or insect pest new to or The House bill further provided that merchandise not conforming to not theretofore widely distributed through the United States. Pur­ sample or specification might be exported with benefit of drawback if suant to this authorjty the Secretary of Agriculture has placed an returned to customs custody within 10 days after release. Your com­ embargo upon numerous classes of nursery stock and plant products mittee feels that in many cases this period would be too short, particu­ even though the particular articles are not so diseased or i.nfested. larly where the importer was far removed from the port of entry, and In the opinion of the committee the result of the action of the Secre­ •has extended the time limit to 30 days. tary of Agriculture has been the exclusion of plants and plant prod­ · The House bill contained a provisian in subdivision (b) of section ucts to greater extent than Congress intended. To insure a proper 313 authorizing substitution for drawback purposes in the case of sugar ' construction of - this act there has been inserted in section 306 a and nonferrous metals. The effect of the provision is to permit the provision to the effect that the plant quarantine act shall not be substitution of duty-free or domestic sugar or nonferrous metal for construed to permit the exclusion of any of the articles to which it imported merchandise of the same kind and quality, so that the ex­ applies, unless such articles are infected with disease or infested with p01·ter will be relieved from the requirement of the present · law that injurious insects new to or not widely prevalent within the United proof be furnished that the imported merchandise has actually been States, or unless the Secretary of Agriculture has reason to believe used in the particular article that is exported. The total amount of that such articles are so infected or infested. drawback allowed upon the exportation of articles made with the use of imported and duty-free or domestic merchandise shall not exceed SECTION 307.-CONVICT-MADE GOODS 99 per cent of the duty paid on the imported merchandise. Your com­ This section ln the existing law and in the House bill prohibits the mittee believes that "this provision is fair and just to manufacturers importation of goods, wares, articles, and merchandise manufactured using these cammodities and will result in no jeopardy to the revenues. wholly or in part in any foreign country by convict labor. Your It was urged before your committee that the privilege of subf!titution committee believes that the policy of this section should apply not for drawback purposes should be made general. Your committee was only to manufacture but also to any other process of production by not convinced of the soundness or the advisability of this proposition. convict labor ; and the section in the hill as reported is amended to The privilege is peculiarly adapted to the case of sugar and nonferrous prohibit the importation of commodities mined or produced, as well metals, which ·are more or le·ss stable commodities, and, moreover, the as manufactured, wholly or in part by convict labor. application of the drawback provisions of the existing law to these com­ SECTION 308.-TEMPORABY FREE IMPORTATION modities has resulted in considerable hardship owing to the difficulty in Section 308 in the 1922 act and in the House bill permits . the Jm­ establishing proof that imported merchandise is actually present in the portation of certain articles without payment of duty, under bond exported article. For instance, an exporter of canned goods using . for exportation within a limited period. Your committee has added both imported and domesti~ su~ar must, in order to properly make proof, to the list articles imported by illustrators and photographers for use warehouse his imported sugar separately and use it exclusively, or have as models in illustrating catalogues and advertising matter. A con­ separate sirup vats for sirup made from imported sugar, and siru.p siderable business bas, for some years, been done by American com­ made from domestic or duty-free sugar. Frequently, honest drawback mercial illustrating, printing, and lithographing concerns in the making claims on sugar and metal have been given up on account of the im- · of illustrations for catalogues and advertisements for Canadian and possibility of making such proof. It may be that the administration of other foreign houses. Recently, however, the competition in this jn­ the provision in the case of sugar and nonferrous metal will demonstrate dustry bas become so keen that the Amerjcan concerns are handicapped the practicability of making the privilege general at a future date. in getting business from foreign countries because they are required to SECTION 320.-RECIPROCAL AGREEMENTS RELATING TO ADVERTISING l>UTTER pay duty on the article brought into the United States as a model from , ' Because the expense of collection in such cases would be out of pro- which the mustratlon is to be made. As articles imported under this portion to the amounts of duties collected, our postal and customs regu­ section can not be sold but must be expo'rted within a year at the most, lation~ now provide that mail importations of less than $1 in value no disadvantage to American manufacturers is involved. shall be passed free of duty. One of the consequences of this provision SECTION 311.-BO~D~D MANUFACTURING WAREHOUSES has of course been the free admission of circulars, cards, and other This section covers the manufacture of merchandise in bond for advertising matter under $1 in value, sent from foreign countries to exportation without the payment of duty on the imported materials s'eparate addressees in the United States. used, including among the processes covered the milling of flour from Your committee believes that, as a general rule, both foreign and imported wheat. At present foreign wheat may be imported into the domestic commerce is promoted by the free passage of advertising United States without the payment of duty, milled in bonded ware­ matter between countries of the world, without the obstructive effed of house, and the flour exported. American millers are thereby enabled the collection of duty thereon. However, it has been brought to the to mill Canadian wheat for the Cuban trade and to obtain the treaty attention of your committee that it is the practice of certain foreign preferential rate of duty into Cuba, with the natural result that the countries to gather together all advertising matter sent by an American greater part of the flour sold in Cuba is of this class. Acting appar­ advertiser to separate addressees in any such country and to require ently upon the plea of the so-called southwestern millers, who are the payment of duty by the person dispatching the same, before de­ unable to carry on this trade to advantage largely because of trans­ livery is made. Thus, while the -pnited States allows the free circu­ portation costs on the imported wheat, and certain of the wheat larization of persons within its borders by foreign advertisers, an growers of the United States, the House inserted in this section a pro­ obstruction _amounting almost to complete exclusion is in some cases· vision designed to prevent American millers of Canadian wheat from {>laced upon the American advertiser when he attempts to reach per­ obtaining the benefit of the Cuban preferential rate on flour. sons without the United States. In the opinion of your committee this provision in the House bill . As an attempt to arrive at a solution of this problem, the committee would not materially benefit the southwestern millers. They would has inserted in the bill as section 320 a provision authorizing the be unable to compete successfully with the Canadian millers of cana­ Secretary of the Treasury and the Postmaster General to enter into a dian wheat, which is less expensive than American wheat and produces reciprocal agreement with any foreign country to provide for the entry, a flour particularly adapted to the Cuban demand. On the other hand, free of duty in the respective countries, of such advertising matter 3396 CONGRESSIONAL RECORD-SEN ATE SEPTEMBER 4 ,addressed to individual addressees, it being the expectation or your The ascertainment of costs or production has often required such pro­ committee that, if it is found impossible to establish reciprocal free longed investigations that necessary readjustments have been denied for entry, the departments will by proper administrative action require the two or three years. In many instances the commission has found it payment of duty upon advertising matter entering the United States. impossible to ascertain foreign costs of production, with the result that A specific exception has been made in the case of matter printed readjustments, the necessity for which was apparent and admitted, have or produced in a foreign country, advertising the sale of articles by been denied altogether. Again, it was found that costs of production persons carrying on business in the United States, or containing an­ alone did not accurately reflect competitive conditions and that equaliz­ nouncements relating to their business or merchandise. By the expedi­ ing co~~ of production would not be sufficient to avoid damaging ent of having the advertisements addressed and mailed from a foreign competition to the country's industries. Foreign and domestic compe­ country to separate individual addressees in the United States, American tition in the markets of the United States must be equalized. merchants have found it possible in effect to defeat the provisions of Accordingly the House bill substitutes, as the principle to which the the customs law requiring the payment of a duty on the impOl'ted Presi~ent must conform in carrying out the purpose of Congress, the matter. Your committee contemplates that this situation will be equalization of "conditions of competition in the principal market or corrected administratively by appropriate regulations. markets of the United States between domestic articles and like or SlllCTIONS 33(}---335,-UNITED STATES TARIFF COMMISSION similar competitive imported articles." Your committee approves this Codification of existing law: The House felt that it was desirable to change, and it is believed that this standard will permit more speedy have all the provisions of law relating to the United States Tariff adjustments, that the conditions will always be ascertainable, and that Commission incorporated in the tariff act of 1929 where they properly the resulting changes in rates will conform more nearly to the acknowledged policy of the Congress. belong. Consequently, sections 700 to 709 of the revenue act of 1916, as amended, which provided for the organization, general powers, Subdivision (d) of the section (following rather closely the provi­ and procedure of the commission, and section 318 of the tariff act of sions of section 315 (c) of the 1922 act) specifies certain factors to be 1922, which imposed certain additional duties upon the commission, taken into consideration in ascertaining whether or not the foreign have been incorporated in the bill with certain amendments as sections and domestic articles are upon a competitive level in the domestic 330 to 335, inclusive, of Part II of Title III. Further, the so-called market. Inasmuch as all the factors specified may not be readily flexible tariff provisions, contained in section 315, . together with sec­ ascertainable or considered applicable in the case of a particular arti­ tions 316 and 317, of the tari1! act of 1922, have been incorporated cle, the subdivision is intended only as a general guide. For example, as sections 336, 337, and 338 of the bill with certain amendments. the cost of producing the domestic article and all the intervening With certain additional changes the committee proposes to retain costs involved in placing it upon the principal domestic wholesale this codification of the existing laws relating to· the Tariff Commission. market may be readily obtainable ; while in the case of the foreign Reorganization of Tariff Commission: The House bill proposed to article it may be advisable to use its landed or import cost as a start­ reorganize_ the United States Tariff Commission. It changed existing ing point, adding thereto such costs as are necessary to place it in a law by providing for seven in lieu of six commissioners, and for ap­ position comparable to that of the competing domestic article. On pointments of nonpartisan in lieu of bipartisan character. Provision the other hand, it may seem more appropriate to use wholesale sell­ was also made for the appointment of commissioners on the basis of ing prices of both domestic and foreign articles, with such adjustments possession of qualifications requisit~ to develop expert knowledge of (either additions or subtractions) as may be necessary to place them tariff problems and efficiency in administering the flexible tariff pro­ upon the same competitive level. It is believed that the proposed pro­ visions. The committee has modified the House bill so as to retain visions will prove much more effective and workable than the rigid the existing law providing for six bipartisan commissioners. Under provisions of existing law. the existing law the term of a commissioner is 12 years. The House Transportation costs : The committee bas retained substantially the blll provided for terms of seven years. The committee amendment flexible tariff provisions of the House bill, except that, in addition proposes terms of six years, except that in case of the first six new to minor clerical changes, the committee has inserted a definition of appointees tbeit· terms are to be designated by the President at the time the term " costs of transportation.'' In the tariff act of 1922 costs o ~~ of nomination so as to expire one at the end of each of the first six transportation were not defined. Differences in view as to what par­ years a4'ter the date of the enactment of the bill. The increase in ticular costs of transportation should be considered in administerill'·· salary of the commissioners to $12,000, as provided in the House bill, the flexible tariff provisions of that act have given rise to sever~l is retained. · · divided decisions by the Tariff Commission. Definition of the term General power, duties, and procedure of tariff commission : Sections "costs of transportation" is necessary, not only to prevent differ­ 331 to 335, inclusive, of the bill relate to the powers, duties, and pro­ ences in the interpretation of the flexible. tariff provisions and expedite cedure of the commission. Except for the provision in section 331 their administration, but also in order to provide an accurate basis increasing the salary of the secretary of the commission and making for consideration of a ..factor that may frequently be decisive in ad­ It ·specific instead of dependent upon the classification act of 1923, justing tariff rates on the basis of competitive conditions. The prin­ as amended, no changes in substance have been made in existing law cipal issue is whether transportation costs to the principal port of with respect to these matters. importation or to the principal domestic market should be used. In SECTION 336.-FLEXIBLE TABIFF PROVISIONS order that competitive oonditions may be equalized in the principal ma,rket or markets of the United States for the competing imported Equalization of competitive conditions: In recognition of the obvious and domestic articles, the committee is of the opinion that the im­ inability on the part of Congress to ascertain with exactness all the ported article should be allowed costs of transportation from areas of essential facts relating to the myriad items in a tariff act and to fix substantial production in the principal competing foreign countries to effective protective tariff rates to meet constantly changing competitive the principal port of importation in the United States, and that the conditions, Congress in section 315 of the tariff act of 1922 empowered domestic article should be allowed the costs of transportation from areas the President, after investigations by the Tariff Commission, to adjust of substantial production that can reasonably be expected to ship the and t·eadjust the rates fixed by statute (subject to the limitation,s pre­ article to such principal port of Importation. Any other solution would scribed) so as to equalize foreign and domestic costs of produ"etion. Primarily such adjustments are to be made by increasing or decreasing deny to domestic arti-cles the ability to compete in the markets along the coastal areas of our most populous States. The committee amend­ within the prescribed limits the rates of duty expressly fixed by act of Congress, with or without incidental changes in classification when ment carrying out the above policy will be found in subdivision (g) (7) of section 336. necessary properly to carry out the change in rates. Secondarily such adjustments are to be made by a change in the basis of valuation of the Export taxes: The consideration to be given export taxes imposed imported article to the American selling price of the domestic article by the country of exportation of the article is left to the sound dis­ with which the imported article competes and to which it is like or cretion of t~ commission in giving consideration to "other costs " similar. In case of such change of basis of value no increases, but (subdivision (d) (3)). In order to equalize competitive conditions it only decreases, in the rates of duty are permissible. may in some cases be found feasible to include the export duty as a The purpose of Congress was analyzed by Chief Justice Taft in his factor in determining differences in such conditions. This would opinion in the case of Hampton & Co. v . United States (276 U. S. 394, occur, for instance, where the export tax is imposed solely for revenue 404) sustaining the constitutionality of the section, in which he stated purposes. On the other hand, export taxes should be excluded in that the clear intent "was to secure by law the imposition of customs determining such differences when they in effect unfairly discriminate duties on articles of imported merchandise which should equal the differ­ against the industries or commerce of the United States. Export ence between the cost of producing in a foreign country the articles in taxes should likewise be excluded when they place an American con­ question and laying them down for sale in the United States and the sumer of a product at a disadvantage as compared to consumers of cost of producing and selling like or similar articles in the United exporting countries or are employed as a means of restricting the States, so that the duties not only secure revenue but at the same time supply of an essential raw material. enable domestic producers to compete on terms of equality with foreign Existing limitations upon adjustment of duties retained: The section producers in the markets of the United States." also provides that an article may not be transferred from the dutiable A few difficulties which have arisen under the present law, however, list to the free list, or vice versa, that the form of duty fixed by statute must be removed if the expressed policy is to be put into force effectively. may not be changed, and that the increased or decreased duty may not 1929 CONGRESS! ON AL RECORD- SENATE 3397 exceed 50 per cent of the existing rates. There bas been no change in by the President, he may exclude such articles from entry. If the existing la w with respect to these· matters. articles to be excluded from entry are actually imported, they are to Principal competing country : Certain definitions are included in the be subject -to forfeiture. section to aid the commission in carrying out its provsions, particularly The only substantial change made by the House bill over existing law with respect to determining the principal competing country and the is the ext~sion of its application to articles imported in vessels of a articles which are like or similar to and competitive with the domestic foreign country which discriminates against articles and commerce of articles. In ascertaining the principal competing country with respect the United States. It is believed that there may be less likelihood of to any imported article the President shall take into consideration the such discriminatory practices by a foreign country if retaliator y meas­ quantity, value, and quality of the article imported from each competi­ ures may be taken which will affect the maritime interests of such tive country and any other differences in the conditions under which country. the article imported from each such country competes with the like SECTION 340.-DOMESTIC VALUJ!l--CONVERSION OF RATES or similar competitive domestic article. For example, it is contem­ It has been urged upon the Congress repeatedly for many years that plated that whenever the imported article is the product of, or is placed the basis upon which the value of imported merchandise is appraised on sale by, an organization, association, combination, or cartel of should be changed. However, each tariff act has retained the -foreign­ producers or manufacturers whose plants or factories are located in value basis, primarily, it is believed, because of the fact that adequate more than one foreign country, the principal competing country shall information had never been available for proper conversion to a do­ be considered to be that country associated with the organization, mestic value. It is also believed that many of the proposals were mis­ association, combination, or cartel which is shown by the investigation herein provided for, to offer the greatest competition with the like or understood and thought to be concealed efforts to obtain increased rates similar competitive article of the United States. of duty. An additional administrative objection has been present in Pending proceedings : The section also provides for dismissing with­ prior attempts to shift the basis, for every method has always con-. out prejudice all investigations instituted under existing law and for templated an immediate change in all schedules, without adequate preserving the information and evidence secured by the commission for preparation on the part of customs officials. consideration in subsequent proceedings. The committee believes that Your committee believes that the value of merchandise in the United this is a necessary provision in view of the fact that it is proposed States will be a more effective basis. All possible . international diffi­ to change the standard to be applied in future investigations. culties will be removed. All necessary investigations may be made in the United States. All pertinent information will be available in the SECTION 337.-UNFAffi PRACTICES IN IM.PORT TRADE United States. Furthermore, present inequalities between high-;eost and · This section (which is taken from section 316 of the tariff act of low-cost foreign countries should be almost entirely eliminated. 1922) declares to be unlawful unfair methods of competition and In order to gain the many advantages of a dome&tic-value basis, in unfair acts in the importation and sale in the United States of foreign order that sound and proper rates may be ascertained which will neith.er articles, the effect or tendency of which is (1) to destroy or substantially increase nor decr ease the rates based upon -foreign values, and in order injure, or to prevent the establishment of, an industry efficiently and that proper administrative preparation may be made, your committee economically operated, or (2) to restrain or monopolize trade or com­ recommends the adoption of a new section (sec. 340), directing the merce. If the President is satisfied that such unfair methods or acts Tariff Commission to convert the rates imposed by the present bill to exist, he is authorized to exclude from entry into the United States rates based upon " domestic value " as defined by the section. The com­ the articles concerned in such unfair methods or acts. mission is directed to report back to Congress on or before .January 1, Under the existing law as retained by the House bill, the Tariff 1932, the result of its work, and Congress will then be in a position to Commission makes a preliminary adjudication as to the existence, with make the desirable shift to the domestic-value basis. respect to any article, of unfair methods of competition and unfair acts The work of the comm:ssion will be based upon weighted averages in in the importation of the article. An appeal thereon may be taken to respect to merchandise imported during the fiscal years 1928 and 1929 the United States Court of Customs and Patent Appeals and the section (or during a representative portion of this period). In many of the purports to authorize a review upon certiorari by the United States cases the commission will use final appraised values of the imported Supreme Court. However, under the existing law the President is in merchandise as reported to it. However, if the commission determines no wise bound by any decision of the courts in the matter. As a result that there has been undervaluation, it may determine foreign values of this lack of finality to the decison of the Supreme Court, appellate for itself. proceedings before it upon writ of certiorari do not present a "case The House bill provided (sec. 642) for an investigation by the or controversy" within the meaning of Article III of the Constitution. President, through such agencies as he might designate or appoint, Such proceedings are, therefore, of such character that Congress can not of bases for valuation of imported merchandise, with a view to deter­ constitutionally give the court jurisdiction over them. Compare, Keller mining the advisability of using domestic values, and for a report back v. Potomac Electric Power Co. (1923), 261 U. S. 428; and Postum to Congress. Inasmuch as your committee believes that a domestic- · Cereal Co. v. California Fig Nut Co. (1927), 272 U. S. 693 ; In re value basis is proper, it believes such an investigation by the President Bakelite Corporation (1929), 49 L. ed. (advance sheets), 36 and 411. to be unnecessary. The committee has, therefore, omitted the provisions of law giving It will be noted that the definition of domestic value in the section jurisdiction to the United States Supreme Court upon certiorari, and is substantially the same as the definition of •• United States value" in made the determination of the United States Court of Customs and section 402 (d) of the bill as reported to the Senate, except that no Patent Appeals the only appellate proceeding. The latter court, being deductions are made for transportation costs, commissions, profits, duty, a "legislative" court and not a "constitutional" court, may receive and other expenses and costs. It is believed that the elimination of this jurisdiction of a proceeding the judgment in which is merely these deductions will greatly simplify administration. Obviously, if the advisory to discretionary action by the President. This is true even conversion is properly made, the elimination of the deductions will not though the same jurisdiction can not be validly conferred upon the result in any change in the amount of duty to be collected. United States Supreme Court. See the cases above cited. The committee has also made a minor amendment to the section SECTION 402.-VALUE making it mandatory for the Secretary of the Treasury to admit upon The vresent law provides that the basis upon which the value of bond, pending the completion of proceedings under the section, articles imported merchandise is to be appraised shall be: believed to be connected with unfair methods of competition and unfair "(1) The foreign value or the export value, whichever is higher; acts in their importation into the United .States. "(2) If neither the foreign value nor the export" value can be ascer­ In addition to the above changes a modification of the existing law tained to the satisfaction of the appraising officers, then the United States value; was also proposed by the House bill, namely, the elimination of the provision which authorizes the President to impose such additional "(3) If neither the foreign value, the export value, nor the United duties, not in excess of 50 per cent or less than 10 per cent of the value States value can be ascertained to the satisfaction of the appraising officers, then the cost of production." of the article imported in violation of the section, as would offset the Briefly, "foreign value" Is the freely offered wholesale price of •• such unfair method or act employed. This provision should be eliminated or similar " merchandise In the country of exportation. for the reason that the imposition of penalty duties to offset violations is entirely inadequate to prevent further violations. The effective " Export value " is the freely offered wholesale price of " such or similar" merchandise, in the country of exportation, for exportation remedy is to exclude from entry the articles concerned in the violation. to the United States. ' The committee, therefore, proposes to retain the provisions of the House bill eliminating the penalty duties. " United States value " is the freely offered wholesale price of " such or similar " merchandise, in the principal market of the United States, SECTION 338.-DISCBIMINATION EY FOREIGN COUNTRIES with deductions for duty, a commission (not to exceed 6 per cent) or This section authorizes the President to proclaim new and additional profits (not to exceed 8 per cent), and certain costs and expenses. duties upon articles of a foreign country, or imported in its vessels, if " Cost of production " is the cost of producing the imported article he finds that such country discriminates, directly or indirectly, against abroad, with an addition for profit. articles or commerce of the United States. It is further provided that Difficulties encountered in the administration of the present law if the discriminations are maintained or increased after a proclamation may be briefly summarized as follows : 3398 CONGRESSIONAL RECORD-SENATE SEPTEMBER 4 (1) Adequate investigations in foreign countries have been ham­ Your committee has devoted considerable time to the consideration pered because of actual or threatened international difficulties; of the definitions of value and the proposals to change the basis of (2) In many instances, a "United States value," as at present value. As a result, your committee bas recommended the adoption of defined, can not be ascertained and the use of cost of production section 340 of the bill as reported to the Senate, providing for a con­ results in a lesser duty. Consequently, concealment of foreign values version of the rates fixed by the bill to rates based on domestic value, may be advantageous to the importer ; the conversion to be made by the Tariff Commission and the result of (3) Decisions of the appraising officers that foreign or export values its work to be reported to the Congress. This section of the bill is could not be satisfactorily ascertained have been reversed by the Cus­ proposed as a substitute for section 642 of the bill as it passed the toms Court by reason of the introduction of evidence not presented to House. A more complete discussion of this subject will be found under the appraisers and which the Treasury has no opportunity to check, or section 340. the acceptance of evidence, such as unverified affidavits of persons SECTION 466.-EQUIPMENT AND REPAIR OF VESSELS abroad, which the appraisers have rejected primarily because prior Section 466 of the 1922 act amended sections 3114 and 3115 of the experience or other information establishes the unreliability of the Revised Statutes, relating to equipment and repairs of vessels. Sec­ evidence. tion 3114 as so amended provided for the payment of a duty of 50 per The H'ouse bill attempted to meet the difficulties of the present law cent of the cost of equipment purchased or repairs made in a foreign by placing responsibility directly upon the importer to produce satisfac­ country by a United States vessel. Section 3115 provided for the tory evidence of foreign or export values (sec. 402 (b)), making the de­ remission or refund of such duties upon showing ' that the vessel, while termination of the appraiser that foreign or export value could not be in the regular course of her voyage, was compelled by stress of weather ascertained final and conclusive, subject only to appeal to the Secre­ or other casualty to put into a foreign port and purchase such equip­ tary of the Treasury; by specifically giving in the statute a prima ment or make such repairs to enable her to reach her destination in facie effect to the decisions of the appraising officers of the Treasury ; safety. The House bill rewrote this provision- so as to allow a greater and by enlarging the definition of United States value. latitude in the making of repairs and purchase of equipment abroad and Your committee believes that practically all the international diffi­ subsequent entry thereof free of duty. In effect the provision as re­ culties which have arisen have been based upon a lack of understand­ written would permit almost any sort of operation short of general ing and an unwarranted misapprehension as to the necessity for cus­ overhauling or reconditioning to be carried on in a foreign port without toms investigations abroad and tbe results to be accomplished by the payment of duty upon entry of the vessel in the United States. them. Since the passage of the bill by the House, however, substantial Your committee believes that such a provision would be too much of a progress has been made toward amicable and satisfactory adjustments detriment to American shipyards, and that the present law affords of the international difficulties, affording adequate opportunity for sufficiently generous treatment to American shipping interests. Ac­ foreign investigations. Furthermore, greater consideration has been cordingly, in the bill as reported, the provision in the 1922 act has been shown in the trial of cases, in granting requests for postponement until restored. adequate opportunity for checking foreign affidavits has been given The House bill carries an additional amendment exempting from and in sustaining objections of Government counsel to the admission duty equipment purchased or repairs made In a foreign port, where it of foreign affidavits executed in countries in which adequate investi­ is shown that the equipment OL' repair parts were manufactured in gation and check has been impossible. Consequently, your committee the United States and were installed by American labor. This pro­ recommends the elimination of section 402 (b). Vision has been rett1ined in the bill as reported by your committee. The provision of the House bill giving a prima facie effect to the action of the customs appraisers, coupled with a rephrasing of section SECTIONS 483 AND 484.;--CONSIG_NEE AS OWNER OF MERCHANDISE ; ENTRY OF 402 (a) ( 2) and ( 3) , is retained. It is believed that the number of MERCHANDISE reversals by the Customs Court of appraiser's decisions will be thereby The report of the Committee on Ways and Means of the House, reduced. accompanying the House bill, states the situation now existing under Tbe revised definition of "United States value" contained in the these sections in the 1922 act, and the resulting difficulties, as follows : House bill' is retained, with two changes. In order to make certain "Section 483 provides that merchandise shall, for the purposes of that due consideration will be given by the appraisers to all the Title IV, be held to be the propet·ty of the person to whom it is con­ differences between the particular imported merchandise and the com­ signed, and the holder of a bill of lading indorsed by the consignee parable merchandise being used as a basis, the provision of the House therein named, or if consigned to order, by the consignor, shall be bill is extended to include differences in size, material, construction, deemed the consignee. Section 484 provides that the consignee shall and texture, as well as any other differences. Inasmuch as comparable produce the bill of lading at the time ot making entry. The Federal imported merchandise will, in the absence of " such or similar " im­ and State courts have held in several cases that under these provisions ported merchandise, ordinarily be used as a basis, rather than com­ collectors of customs are personally liable for any damage resulting parable domestic merchand.ise, because of ·the fact that fewer adjust­ from the delivery or release of merchandise without the production of ments will in all probability have to be made, the order of the phrase the original bill of lading by the person making entry. For their own "whether domestic or .imported " bas been b-ansposed to read "whether protection, therefore, most collectors require the original bill of lading imported or domestic." It should be pointed out, however, that an to be filed with the entry and retained in their custody. Importers appraisal should not be reversed merely because a more comparable and carriers object, the former on the ground that the original bill of article could have been found and used. The questions on a reap­ lading is needed to obtain possession of the goods from the carriet·, and praisement proceeding should be confined to the propriety of the adjust­ the latter that they must have the original bill for their own protection ments made. If proper adjustments are made, the true value of the in the event a ciaim is filed for wrongful delivery. particular imported merchandise under appraisement will be ascertained. " In many shipments in the ordinary course of trade the original The House bill did not provide for an allowance for duty, in the bill of lading can not be obtained at the time of making entry, being held event that a comparable domestic article was used as the basis for iu the possession of a bank against payment of the purchase price of determining the value of the imported merchandise under appraise­ the merchandise, or delayed in transit, or otherwise unavailable within ment. Under the present law, domestic merchandise can not be used the time prescribed for making entry. This general problem has resulted as a basis for determining value. The allowances under the present in varying practices at different ports of entry, where collectors have law are determined by the facts applicable to the merchandise used endeavored to make some arrangement whereby the deadlock could be as a basis. For example, if the merchandise used as a basis was avoided. This lack of uniformity of pt·actice in itself is not desirable." purchased, then a deduction is made for profits and general expenses, The House bill sought to remedy the difficulty by amending the even though the particular imported merchandise under appraisement sections to provide that a person in possession of a duplicate bill of was consigned and a commission paid ; and the deduction for trans­ lading properly authenticated might make entry for merchandise. portation is determined by the transportation costs of the imported Your committee is advised that the amendment will cover a number of merchandise used as a basis. This practice under existing law seems cases, particularly those arising on the Canadian border, but is not to your committee to be sound and no change is recommended. How­ sufficient to cover all cases because of the difllculty, in through ship­ ever, in case comparable domestic merchandise is used as a basis, the ments from distant foreign countries, in obtaining duplicate bills of allowable deductions, which should include duty, must be determined lading to be used for this purpose. by the facts applicable to the particular imported merchandise under Accordingly your committee has revised and elaborated the House appraisement. Accordingly your committee recommends an amendment amendment so as to permit two alternative methods of making entry under which (in addition to such adjustments as may be necessary where the original bill of lading is not presented. In subdivision (h) owing to differences) allowance will be made, on the price of the do­ of section 484 of the bill as reported by your committee, it is provided mestic merchandise, for the cost of transportation and insurance of that any person certified by the carrier to be the owner or consignee of the imported merchandise, the other necessary expenses from the place the merchandise, or an agent of such owner or consignee, may make of shipment of the imported merchandise to the place of its delivery, entry therefor. In subdivision (i) the duplicate bill of lading pre-­ a co=ission not exceeding 6 per cent if a commission has been paid vision appears substantially as inserted by the House. ~· contracted to be paid on the imported merchandise (or profits not An additional subdivision (sec. 484 (j)) bas been added to reliC:ve ro exceed 8 per cent and general expenses not to exceed 8 per cent 1! collectors of customs from the necessity of ascertaining the paJ·tir.ular the imported merchandise has been purchased), and the amount ot duty person to whom delivery of merchandise should be made by providing to be paid on the imported merchandi ;~ t~at~ except in the case of entry for warehouse (with which no diffi- CONGRESSIONAL RECORD-SENATE 3399 eulty bas been experienced), merchandise for which entry has been be so numerous as to render the provision inadvisable. :Accordingly, made under the provisions of section 484 shall be released from ens­ section 503 of the House bill bas been omitted from the bill as reported. toms custody only to the carrier by whom the merchandise was brought Subdivision (c) of section 504 of the House bill contained new matter to the port at which the entry was made. The collector is expressly inserted by the House as a corresponding amendment, providing that exempted from liability In all cases in which he complies with the in case the return was not made within the period prescribed the en­ provisions of this section. tered value should be taken as the final appraised value. This suJ>; In view of the addition of the new matter In section 484, paragraph division has, of course, been stricken out. (2) of section 483 of the House bill bas been rewritten. SECTION 518.-UNITED STATES CUSTOMS COURT SECTIONS 501, 515, AND 516.-INTlilRVENTION BY AMERICAN INDUSTRY AND Under the present law the expenses of the CuStoms Court, including AMERICAN LABOR the payment of the salaries of the judges and clerical and other assist­ Your committee is firmly convinced of the soundness of the principle ance, are paid from the appropriation for the collection of the revenue that one of the primary pm·poses of any tariff law should be to en­ from customs. All recommendations f~ appointment, promotion, or courage the industries of the United States and to protect American otherwise affecting the clerical force are made by the chief justice of labor, and that in the enactment of e. protective tariff law the Congress the United States Customs Court, but the appointJ;nents are, as a mat­ so intends. In general it may be said that this salutary purpose is ter of law, made by the Secretary of the Treasury. Your committee principally consummated with the enactment of the dutiable schedules, believes that the functions now exercised by the Secretary of the Treas­ which should be based upon a consideration of the degree of pro­ ury with respect to the appointment of clerks and other employees of tection necessary to prevent injury to American industry and un­ the Customs Court and with respect to the records and other property employment of American labor. However, it is obvious that proper of the court are properly within the scope of the functions of the Attor­ protection will not prevail unless the rate schedules are strictly and ney General rather th:t the Secretary of the Treasury, and that the effectively enforced by the courts. It follows that American industry appropriation for the Customs Court shoUld be under the Department and American labor are equally concerned with the very important of Justice. Your committee has, therefore, recommended that the func­ administrative sections of a tariff act. It is true that American tions of the Secretary of the Treasury with respect to the Customs manufacturers may cooperate with the Government officers charged Court shouid be transferred to the Atto-rney General, and that hereafter with the enforcement of the law and the protection of the interests the approp1iation for the Customs Com·t should be expended by the of the Government in the oonduct of cases before the Customs Court. Department of Jus~ce. · They may furnish witnesses and produce evidence of various kinds SECTION 526.-MERCHANDISE BEARING AMERICA....- TRADE-MARK OR PATENT for t~e use of Government counsel; they may, perhaps, suggest to NOTICE the Government counsel a method for the conduct of the case ; they Section 526 of the House bill contained substantially the same pro­ may furnish information that only those familiar with the details of visions as the corresponding section in the 1922 act. The section pro­ the particular industry can give. But they have no standing in court, hibited the importation of merchandise bearing an American trade-mark except in the cases provided in section 516 of the tariff act of 1922. unless written consent of the owner of the trade-mark was produced at They make no oral argument, may not cross-examine witnesses, and the time of making entry. Your committee believes that where the laws have no part in the actual conduct of the trial. Section 516 for the of the United Slates protect the interest of a trade-mark holder by first time recognized that the American producer has an interest in .Ilowing him a monopoly in the use of the mark, it is reasonable to re- appraisement and classification of imported mercb~ndise. It was there quire, so far as practicable, that, in return, the holder of the trade­ provided tbat the domestic manufacturer might protest against the mark shall manufacture his goods in the United States. Accordingly, appraisement or classification of merchandise of a class or kind pro­ the provision allowing importation of goods bearing an American trade­ duced by him. It is believed that the right to originate the proceeding under this section should be equally afforded to the l"epresentatives of mark, upon written consent of the owner of the trade-mark, is eliminated American labor. Labor has just as vital an interest in these cases as from the section. has industry. Section 516 has been amended accordingly. Pursuant to the same policy, a provision has been inserted by your The right afforded under section 516 was, and probably properly so, committee, as subdivision (b) of the same section, to provide that no since there the domestic interest originates the proceeding, lrtrictly merchandise of foreign manufacture claiming the benefit and protection limited and in the last analysis requires considerable time for its of the United States patent laws shall be imported. effective consummation. Your committee believes that section 516, Section 4900 of the Revised Statutes, as amended, requires that mer­ while it serves a very useful purpose in the law, and should be retained, chandise made under an American patent shall bea-r a notice to that is not of itself sufficient to afford the domestic manufacturer and effect and, in the event that such notice is. not affixed, the patentee domestic labor their proper place in the decision of cases involving the can recover no damages for infringement unless he ean prove that the imposition of customs duties and the consequent protection of Ameri­ infringer bad actual notice of the patent. In order that too great a can labor and industry. Accordingly, it is proposed that the domestic burden may not be placed upon collectors of customs in determining manufacturer and the representati>e of domestic labor be allowed to what merchandise must be excluded as patented under the laws of the apJ;)ear as a party in interest in any reappraisement proceeding under United States, the provision in the reported bill takes the form of a section 501 and in any protest against the collector's decision under prohibition against the importation of any merchandise of foreign man­ section 515. In other words, in any case in which the importer chal­ ufacture if such merchandise or the package in which it is inclosed is lenges the appraisement or classification made by the customs officers marked or labeled in accordance with the provisions of section 4900 it shall be competent for the domestic manufacturer and the repre­ of the Revised Statutes, as amended. sentative of domestic labor to appear as a party in interest to assist SlllCTION 527.-IMI'ORTATION OF WILD MAMMALS AND BIRDS the court in arriving at a proper construction of the law and to insure The House bill contained a new provision prohibiting the importation the protection of American industry ·and American labor as contem­ of wild mammals or birds, or parts or products thereof, unless accom­ plated in the rate schedules. Your committee does not, however, panied by the certification of an American consul that such artiCles propose that domestic interests shall come in unchecked, with possible have not been acquired or exported in violation of the laws of the ensuing delay in court proceedings and vexation of the importer. country from which they come. Your committee feels that this provi­ Such rept·esentation is to be granted (lnly with the permisSion of the sion partakes of the nature of an attempt to enforCe the laws of for­ court, granted in its discretion and under such rules as the oourt may eign countries in respect of matters of their internal policy, and whlle prescribe. It is believed that there will be no considerable increase in it may not be proper to encourage any such violation, to take such litigation, but that domestic interests will be afforded only the oppor­ drastic measures as contemplated by the Honse provision extends tunity to which they are entitled to demand a voice in the main­ beyond the proper purpose of th(! bilL Accordingly, the section has tenance of the standard of protection which the Congress has provided. been stricken from the bill as reported by your committee. They are as vitally concerned in the imposition oi customs duties as SECTION 584,.-FALSITY OR LACK OF MANIFEST; PENALTIES are the importers. It is to their interest that the duties levied by the Congress, and none other, should be imposed. Your committee Section 584 of the House bill contained an amendment to the exist­ has therefore amended sections 501 and 515, relating to reappraise­ ing law, providing that the owner of a vessel or vehicle should be liable ment proceedings and protest against the collector's decision, respec­ to penalties if any merchandise is found on board such vessel or vehicle tively, to permit the domestic manufacturer and the representative not described in the manifest or if any merchandise described in the of domestic labor to appear as a party in Interest in those proceedings, manifest is not found on board the vessel or vehicle. The existing law imposes a penalty only upon the master ·or the person in charge. . A strictly safeguarded by the discretionary power granted to the Customs Court. · further amendment in the House bill removed the immunity from the liens for penalties contained in existing law in case of vessels or vehicles SECTIONS 503 AND 15M.-TIME FOR APPRAISER,S RETURN; BASIS OF VALUE of common carriers, so far as such immunity relates to smoking opil1m. The House bill contained a provision, new to the customs laws, re­ Under the present law. the penalties constitute a lien upon the vessel quiJ:ing that the appraiser make his report of value to the collector of a common carrier only if 1t appears that the owner or master of the within 120 days after the entry of merchandise, unless a longer time vessel or the person in charge of the vehicle consented to the _illegal should be allowed by the Secretary of the Treasury in any particular act or bad knowledge thereof. case. Your committee is advised that the cases in which a proper in­ Your committee believes that the amendments to the existing law con­ vestigation and report of value can not be made within 120 days may tained in this secti~ of the House bill would result ip an injustice to - 3400 CONGRESSIONAL RECORD-SENATE SEPTEMBER 4 shipowners and the owners of vehicles, in cases in which, in spite of to an allowance for ·their expenses, subject to a per diem limitation. the best intentions and greatest care on the Jlart of such owners, the However, while the officers and employees of other departments are vessels or vehicles were involved in violations of the law. With per­ entitled to an allowance for the traveling and subsistence expenses of haps rare exceptions common carriers cooperate to the fullest extent their families upon such transfers, the existing law contains no similar with Government officials in the prevention of opium smuggling and, provision with respect to customs officers and employees. The House on their own part, have developed efficient and thorough inspection bill, in section 645, provided for the reenactment of section 5 of the act services. The amendments above referred to have, therefore, been of March 4, 1923, relating to allowances for expenses of the officers and eliminated and the present law restored. employees themselves, with an amendment to include the travel and SECTION 611.-SALlil OF FORFEITED MERCHANDISE subsistence expenses of their families upon foreign transfers. As re­ written the section also authorized the payment of expense of transport­ Under the present law, when any vessel, vehicle, merchandise, or ing the remains of officers and employees who die abroad and the baggage is forfeited by court proceedings for violation of the customs expense of interment. Your committee is entirely in accord with the laws, it must be sold by the marshal of the court in 'Yhich the for­ policy of these amendments. However, in order to avoid any possible feiture is bad. The marshal's power in this respect does not extend doubt arising from the reenactment of this section of the application of beyond the district. It has, therefore, been impossible in some cases to the limitations contained in the subsistence expense act of 1926, which sell to advantage articles forfeited in districts in which there was no has superseded the act of 1923 in this respect, it is thought advisable demand for merchandise of that class. Your committee therefore recom­ to accomplish the object of the amendment by a separate provision mends an amendment to section 611 of the House bill providing that covering the new matter only. upon the request of the Secretary of the Treasury the court in forfeiture proceedings may provide that the vessel, vehicle, merchandise, or bag­ In the bill as reported by your committee, therefore, subdivision (a) gage forfeited shall be delivered to the Secre y of the Treasury for of section 644 provides for the allowance of the expenses of the families disposition in accordance with the provisions of law. of customs officers and ilmployees upon such transfers within the discre­ tion and under written orders of the Secretary of the Treasury and also SECTION 619.-AWARD OF COMPENSATION TO INFORMERS for the expenses of transporting the remains of customs officers and Section 619 of the present law, contained in the House bill, authorizes employees who die while in or in transit to foreign countries to their the payment to informers of a compensation of 25 per cent of the net former homes in the United States for interment, together with the amount of any duties, fee, penalty, or forfeiture recovered as a result expenses of such interment. of their action in seizing and detecting any vessel, vehicle, merchandise, Section 5 of the act of March 4, 1923, above t·eferred to, limits to or baggage subject to seizure and forfeiture, or in furnishing original 5,000 pounds the amount of household effects and per onal property for information to the customs officers. The present law provides that the the transfer of which allowance may be made. No such limitation necessary moneys to pay such compensation shall be paid out of moneys exists in respect of officers and employees of other departments in similar appropriated for that purpose. The House bill amended this provision cases. Your committee believes that the limitation should be removed by making a permanent and indefinite appropriation for the purpose. and has inserted as subdiVision (b) of section 644 a provision to that Your committee believes that increase in the number of permanent and effect. indefinite appropriations should be carefully limited. While, as sug­ Under the present law no allowance may be credited for travel or gested in the House report, it may be impossible to estimate accurately shipping expenses incurred on a foreign ship by a customs officer or in advance how much will be necessary for the purpose of paying co~ employee except upon proof satisfactory to the Comptroller General of pensation to informers, and while in some cases it may be true that per­ the necessity of incurring such expenses. In many cases it has been sons will hes1tate to take advantage of the opportunities afforded in found impossible to make such proof since it involves proof that no section 619 by reason of the fact that appropriations may not be im­ United States vessel was available. Inasmuch as the protection of the mediately available to pay their compensation, your committee believes revenue requires. prompt action on the part of customs officers, em­ that, with the direction in the law that the compensation shall be paid, ployees, and agents, it seems desirable to leave the determination of the no difficulty should be encountered in getting a deficiency appropriation necessity of using a foreign vessel to the Secretary of the Treasury. to make up any deficit in the current appropriations. It is not believed Accordingly, your committee has added subdivision (c) to section 644 that the circumstances warrant the adoption of a permanent and indefi­ of the bill requiring the crediting of allowances in such cases if the nite appropriation. The present law, which requires estimates in ad­ Secretary of the Treasury certifies to the Comptrollet· General that vance and specific appropriation for the payment of compensation to transpot·tation on such foreign ship was necessary to protect the informers, bas therefore been restored. revenue. SECTION 623.-BONDS SECTION 646.-REVIEW OF DECISIONS OF COURT OF CUSTOMS AND PA'l'mNT Section 623 of the House bill authorizes the Secretary of the Treasury APPEALS by regulations to require or to authorize collectors to require such Section 195 of the Judicial Code provides that final decisions of the bonds or other security as might be deemed necessary for the protection Court of Customs and Patent Appeals, in cases appealed from the of the revenue and to assure compliance with the customs laws and Customs Court, may be reviewed by the Supreme Court upon appli­ regulations. In conformity with this provision a number of specific cation by either party, in any case in which a constitutional or treaty provisions in Titles III and IV of the 1922 act requiring bonds in par­ question is involved, or in any other case if the Attorney General of the ticular cases were eliminated. The new provision will authorize the United States files a certificate to the effect that the case is of such requirement of a bond whet·e it is not specifically required by law, but importance as to render expedient its review by the Supreme Court. will not permit of the waiving of the requirement of the bond where an The effect of this limitation on the classes of cases which may be re­ expressed requirement occurs. Your committee believes that this provi­ viewed is to make the right of one party to a review dependent upon sion will greatly facilitate the administration of the customs laws in the will of the other party. Your committee, while it is advised that no that it will make for uniformity as well as flexibility in bond require­ injustice has been done importers or other private parties by making llnents, and will permit the doing away with bonds in many cases ~n their right to appeal dependent upon the decision of the Attorney Gen­ which experience has shown or will show them to be unnecessary. It IS et·al, believes that as a matter of principle this arrangement is objection­ believed that there will develop comparatively few situations, if any, in able. There is, therefore, inserted as subdivision (a) of section 646, which a bond is not required by the present law, but in which a bond in the bill as reported, a provision repealing this limitation upon the will be required under the new regulations. Generally speaking, it may right to petition for review, the result of such repeal being to permit be said that the question of the necessity for bond is a question pecu­ either party to apply in his own discretion. liarly one for the determination of administrative officers. Your com­ Subdivision (b) of the new section expressly extends the right to mittee, therefore, approves the provisions as written in the House bill. apply for review by the Supreme Court to American manufacturers, SECTION 642.-INVESTIGATION OF METHODS OF VALUATION producers, or wholesalers and to representatives of American labor A discussion of this section and the substitute for it recommended organizations, or labor associations, appearing as parties in interest by your committee will be found under section 340 of the bill as reported in proceedings in court in accordance with the privilege extended to to the Senate. them by the amendments to sections 501, 515, and 516 of the bill, else­ SECTION 643.-APPLICATION OF AIR COMMERCE ACT where discussed. Section 644 of the House bill pt·ovides in substance that the customs SECTION 647.-UNCERTIB'IED CHECKS, UNITED STATES NOT:E}S, AND NATIONAL­ provisions contained in the bill shall be subject to application to civil BANK NOTES RECEIVABLE FOR CUSTOMS DUTIES air navigation by regulations prescribed by the Secretary of the Treasury Under existing law uncertified checks, United States notes, and under the authority of section 7 of the air commerce act of 1926. As national-bank notes are not receivable for duties on imports. United that act also grants authority to the Secretary of Commerce to provide States notes and national-bank notes are receivable for other public similarly for the application to air navigation of the laws relating to dues, and uncertified checks are receivable in payment of internal­ entry and clearance of vessels, some provisions of which are contained in revenue taxes. However, your committee is advised that upon the the bill, your committee deems it advisable to broaden this section to resumption of specie payments, January 1, 1879, United States notes cover both situations. It has been rewritten accot·dingly. were accepted in payment of customs duties and have been freely re­ SECTION 644.-TRAVEL AND SUBSISTENCE ceived on that account since, although the law has not been changed. Customs officers and employees traveling to or from foreign stations In view of the resumption of specie payments and the act of March 14, or from one foreign station to another are entitled under existing law 1900, .making it thg duty of _the Secretary of the Treasury to maintain 1929 CONGRESS!ON AL RECORD-SENA .TE 3401 at a parity of value with the gold dollar all forms o! money issued by By Mr. BLEASE: the United States, there would seem to be no good reason why the law A bill ( S. 1579) governin~the competency of the husband or should not provide that United States notes and national-bank . notes wife of the accused as a witness in any criminal prosecution should be receivable for duties on imports. In the case of uncertified or contempt proceeding under any statute of the United States ; checks your committee believes that they, too, should be receivable with to .the Committee on the Judiciary. proper safeguards to the revenue in case the check is not paid by the By Mr. FESS (for Mr. OooiE) : bank on which it is drawn. Accordingly, it is provided in section 647 A bill ( S. 1580) to provide for an examiriation and survey that collectors of customs may accept uncertified checks, United States to determine the feasibility of irrigation development in the notes, and national-bank notes in payment of duties on imports, during Humboldt River watershed in the State of Nevada ; to the Com­ such time and under such rules and regulations as the Secretary of the mittee on Irrigation and Reclamation. Treasury shall prescribe. It a check so received is not paid by the bank By Mr. FRAZIER : the person tendering the check shall remain liable for the payment A bill- (S. 1581) granting an increase of pension to Nancy of duties and all legal penalties and additions to the same extent as it Ellen Derickson (with accompanying papers); to the Com­ the check had not been tendered. mittee on Pensions. Mr. SMOOT. In this connection I send to the desk a By Mr. BLAINE: resolution and ask for its immediate consideration. It is a A bill ( S. 1582) granting a pension to Emmett G. Newman resolution authorizing the printing of 5,000 extra copies of the (with accompanying papers); to the Committee on Pensions. tariff bill as reported. Generally, this is done under a concur­ By Mr. GREENE: rent resolution. 'Vhen the tariff act of 1922 was reported we A bill ( S. 1583) granting an increase of pension to Ellen had 8,000 copies printed for the House and 5,000 copies printed Mador; ·to the Committee on Pensions. for the Senate. There were not half of those copies used, and By Mr. BORAH: eventually we had to dispose of them as waste paper. The A bill (S. 1584) granting a pension to Mary Hermo (with resolution which I have submitted is a Senate resolution pro­ accompanying· papers); and viding for the printing of only 5,000 additional copies, which we A bill ( S. 1585) granting an increase of pension to Cora L. are authorized to have printed under the law. I am quite Vickery (with accompanying papers); to the Committee on certain that we shall be able to send to the House a considerable Pensions. number of copies of the Senate print and thus save to that By Mr. CAPPER: . .-extent the printing by the House. I ask unanimous consent for A bill ( S. 1586) to create a department of public education, the immediate· consideration of the resolution. and for other purposes ; to the Committee on Education and The VICE PRESIDENT. The clerk will read the resolution Labor. for the information of the Senate. By Mr. HARRIS: The Chief Clerk read the resolution ( S. Res. 105), as follows : A bill ( S. 1587) granting a pension to Frances M. Barnes; and A bill ( S. 1588) granting a pension to Hattie McDaniel; to Resolved, That the bill (H. R. 2667) to provide revenue, to regulate the Committee on Pensions. commerce with foreign countries, to encourage the industries of the A bill ( S. 1589) for the relief of Preston Brooks Massey ; to United States, to protect American labor, and for other purposes, as the Committee on Claims. reported to the Senate, be printed as a Senate document with an index, A bill ( S. 1590) for the relief of William P. Howard ; and that 5,000 additional copies be printed for the Senate document A bill ( S. 1591) for the relief of Lamar Jamerson; and room. A bill (S. 1592) to authorize the Secretary of War to lend The VICE PRESIDENT. Is there objection to the present certain War Department equipment to the Quitman Chapter, consideration of the resolution? UO!ted Daughters of the Confederacy, for use at the Confed­ Mr. KING. Mr. President, may I inquire of my colleague erate soldiers' reunion at Quitman, Ga., October 8 and 9, 1929; whether it would not be wise to defer the printing until the bill to the Committee on Military Affairs. can be printed showing the original law, the House amend­ By Mr. BLEASE : ments, and the Senate committee amendments all in one print? A joint resolution ( S. J. Res. 66) to extend the proviSions of Mr. SMOOT. I will say to the Senator that it is customary Public Resolution No. 92, Seventieth Congress, approved Feb­ to print the bill as reported from the Finance Committee. ruary 25, 1929, as extended by Public Resolution No. 2, Seventy­ These copies are distributed and, among other places, go to the first Congress, approved May 17, 1929; to the Committee on libraries in the country. The print of the act of 1922, together Finance. with the amendments made in the House and the amendments A joint resolution ( S. J. Res. 67) requesting the President and made by the Senate, was for the use of the Senate only. There the Secretary of State to submit a proposal to the govern­ is no necessity to send copies of such a print to the libraries. ments of the various nations for the negotiation of treaties Copies of the bill as I have asked to have it printed go fo the for the promotion of international good will and the estab­ libraries and are usually asked for by the business men of lishment of permanent peace; to the Committee on Foreign the country. The print to which my colleague refers is gen­ Relations. erally used here on the floor of the Senate only, and usually PUBLICITY FOR INCOME-TAX RE'I"URNS we print only about 1,000 copies of it for that reason. ?tfr. KING. I had the question of economy in mind and Mr. BLAINE. I introduce a joint resolution which I send thought that one print would serve the purpose. I have no to the desk. I request that the joint re&plution be read and objection to the resolution. that it be printed and lie on the table. Mr. HARRISON. Mr. President, does not the senior Senator The joint resolution (S. J. Res. 68) providing for suspension from Utah think he is asEmming a good deal to assume that of the secrecy of income-tax returns was read the first time the libraries will want copies of the bill? by its title, the second time at length, and ordered to lie on Mr. SMOOT. The law requires it, and therefore we are the table, as follows: going to print it. Consequently I do not, of course, have to as­ Resolved, etc., That during the pendency of the tariff bill before Con­ sume that they desire to have it. gress, all returns ot income taxes of corporations, and all papers, sched­ The VICE PRESIDENT. Is there objection to the present ules, and reports filed therewith or relating thereto, shall be available to consideration of the resolution? each member of Congress and the committees thereof, for their inspec­ The resolution was considered by unanimous consent and tion and examination and use, in the consideration of said tariff bill; agreed to. and it is further provided that any Member of Congress or a committee · Mr. Sll'\IMONS. Mr. President, I rise simply for the pur­ thereof may designate in writing any person or persons to inspect pose of saying that the minority members of the Finance Com­ and examine any of said income-tax returns, and said papers, schedules, mittee, who, as is generally known, were not permitted to and reports, and furnish to such Member or committee the information participate in the executive sessions of the majority when the obtained therefrom ; be it further amendments to the bill were prepared, have decided not to Resolved, _That any law contrary to the foregoing provisions is hereby submit any minority report. This does not mean that we are suspended until final disposition of the tariff bill by the Congress. not thoroughly opposed to the bill and to many of the amend­ Mr. SIMMONS. Mr. President, I heard the reading of the ments made by the majority of the committee. It nieans simply joint resolution just introduced by the Senator from Wisconsin that we will hold in abeyance our attitude with reference to [Mr. BLAINE] with a great deal of interest. The joint resolu­ the different items in the bill until the debate is begun or until tion, however, can not become operative until it shall have been the individual items are reached. concurred in by the House of Representatives. We desire the BILLS AND JOINT RESOLUTIONS INTRODUCED information for which it calls earlier, if we can get it, than the Bills and joint resolutions were introduced, read the first time fixed for the reassembling of the House of Representatives; time, and, by unanimous consent, the second time, and ¢erred and I wish to give notice that I have prepared, and now hold as follows: in my hand, a r~lution which I think, it adopted, will obtain 3402 CONGRESSIONAL RECORD-SENATE SEPTEMBER 4 for us, without action by the other House, substantially the Mr. HALE. Mr. President, I will call the committee to­ same information as that sought l'.Y the joint resolution of the gether, and we shall be very glad to look into the subject. Senator from Wisconsin. My resolution, if adopted, will in­ Mr. BORAH. I will defer offering the resolution until the struct the Finance Committee to apply to the~ariff Commission committee shall have made its report. or to the Treasury Department or to botli for the desired ORDER OF BUSINESS information. The VICE PRESIDENT. Morning business is closed. The AMENDMENTS TO THE TARIFF BILL calendar under Rule VIII is in order. ' Mr. TRAMMELL submitted seven amendments intended to The Chief Clerk announced the first bill on the calendar be proposed by him to House bill 2667, the tariff revision bill. which was Senate bill 168. ' which were ordered to lie on the table and to be printed. Mr. KING. Mr. President, may I inquire of the leader upon FUNERAL EXPE.l~SES OF THE LATE SENATOR TYSON the other side if it is the intention to have the Senate's atten­ tion distracted from the consideration of the tariff bill by taking Mr. McKELLAR. Mr. President, I submit a resolution and up the calendar of measures which may have come over from ask for its immediate consideration. the &ession heretofore held? The Chief Clerk read the resolution ( S. Res. 106), as follows: Mr. WATSON. I had a talk this morning with the Senator Resolved, That the Secretary of the Senate hereby is authorized and from Washington [Mr. JoNES] who is in charge of the unfin­ directed to pay from the contingent fund of-the Senate the actual and ished business, Senate Joint Resolution No. 53, that measure necessary expenses incurred by the committee appointed by the Vice having been introduced by him. I am trying to find out what President in arranging for and attending the funeral of the Hon. disposition he desires to have made of it. Lawrence D. Tyson, late a Senator from the State of Tennessee, upon Mr. KING. I may say that I hope the Senator will not ask vouchers to be approved by the Committee to Audit and Control the to take up the calendar to-day. Speaking for myself, there are Contingent Expenses of the Senate. some measures there which I think ought to receive considera­ The VICE PRESIDENT. The Chair desires to state to the tion at the hands of the Senate, and we are not in a position Senator from Tennessee that the resolution, under the rule, now to take them up and discuss them. mu t go to the Committee to Audit and Control the Contingent Mr. WATSON. What I intended to do was to move to pro­ Expenses of the Senate, and it will be so referred. ceed to the consideration of executive business in open session. Mr. JONES. Mr. President-- FEDERAL JURIES IN SOUTH CAROLINA The VICE PRESIDENT. Does the Senator from Indiana Mr. BLEASE submitted the following resolution (S. Res. yield to the Senator from Washington? 107), which was referred to the Committee on the Judiciary: Mr. WATSON. Certainly. . Resolved, That the Judiciary Committee of the United States Senate, l\Ir. JONES. The unfinished business was under considera­ or a duly constituted subcommittee thereof, be, and they are hereby tion the last day before the recess was taken in June, and we authorized and directed to make a -full and complete investigation of were about ready for a vote on the joint resolution to carry out the ways and means and methods that are now, and have been for the recommendations of the President to create a joint congressional past five years, employed in filling Fe,deral jury boxes and panels and committee on prohibition enforcement, but an amendment was in the drawing of Federal jurors in both the eastern and western dis­ offered by the Senator from Missouri [Mr. HAWES] the con­ tricts of the United States courts for the State of South Carolina, for sideration of which was not completed. I have spoken to that the purpose of ascertaining whether or not the officials and persons Senator with reference to withdrawing his amendment. I charged with . the duties thereof have duly observed and compli~ fully should like to see the joint re olution passed, but, if it is going with the provisions of law relating thereto, and to report thereon to to lead to further discussion, of course I would have to let it the Senate as soon as practicable. go over, not only on account of the tariff bill but on account of Resolved- (urthm·, That for the purposes of this resolution such com­ my own physical condition. The Senator from Missouri has mittee or subcommittee is authorized and directed to sit and act at such asked that the unfinished business go over until to-morrow that 1 times and places, to employ such experts, clerical, stenographic, and he may have an opportunity to consider the disposition of his other assistance, to require by subpama or otherwise, and such is hereby amendment. So I ask that the unfinished business may go over directed, the attendance of the two United States district attorneys, the until to-morrow. two United ·states marshals, the two United States clerks of court, for EXECUTIVE SESSION South Carolina, and of such other witnesses, and the production of Mr. WATSON. I move that the Senate proceed to the con­ such books, papers, and documents, to administer such oaths and to sideration of executive business in open session. take such testimony, and make such expenditures as it deems advisable. The motion was agreed to; and the Senate proceeded to the The expenses of such committee or subcommittee, which shall not be in consideration of executive business in open session. excess of $5,000, shall be paid from the contingent fund of the Senate. The VICE PRESIDENT laid before the Senate sundry mes­ sages from the President transmitting Executive nominations WILLIAM B. SHEARER which were referred to the appropriate committees and which Mr. BORAH. Mr. President, I ask the indulgence of the appear at the end of to-day's proceedings. Senate for just a moment. I notice by the public press that a suit has been filed in New York by William B. Shearer to ADJOURNMENT recover some $250,()00 which he alleges to be due him by reason Mr. WATSON. As in open legislative session, I move that of services which he rendered to certain shipbuilding companies the Senate adjourn until to-morrow, the adjournment being at the Geneva naval conference. According to the item of until12 o'clock noon. news he was employed by certain shipbuilding companies to The motion was agreed to; and (at 12 o'clock and 27 minutes represent them at the Geneva naval conference; he had been paid p. m.) the Senate adjourned until to-morrow, Thursday, Sep­ some $50,000, and some $250,000 is still due on the contract. tember 5, 1929, at 12 o'clock meridian. Those who are familiar with the history of the Geneva naval conference and the kind of propaganda that was sent out, and NOMINATIONS who know something of the activities of Mr. Shearer in connec­ Ezecutive nO'mlinations received, by the Senate Septembe'r ~. 1929 tion with it, must necessarily be deeply interested to know what his relation in connection with those shipbuilding com­ AMBASSAOOB EXTRAORDINARY AND PLENIP()TENTIARY OF THE panies is and was at the time. UNITED STATES OF AMERICA TO ITALY It also appears that the same shipbuilding companies or some John W. Garrett, of Maryland, to be ambassador extraordi­ of them have since received contracts from the Government to nary and plenipotentiary of the United States of America to build certain ships, the construction of which might possibly Italy. have been avoided if the Geneva naval conference had been successfuL ENVOY ExTRAORDINARY AND MINISTER PLENIPOTENTIARY OF THE It seems to me that this is a matter about which we ought to UNITED STATES OF AMERICA TO THE NETHERLANDS have some more information, and I ask the Senator from Maine Garrit John Diekema, of Michigan, to be envoy extraordinary [1\:Ir. HALE] if the Naval Affairs Committee will make some and minister plenipotentiary of the United States of America to inquiries into the facts relating to the subject? the Netherlands. l\fr. HALE. Yes. Does the Senator from Idaho propose to offer a resolution and have it referred to the Naval Affairs ENVOY ExTRAORDINARY AND MINISTER PLENIPOO"'ENTIARY OF THE Committee? UNITED STATES OF AMERICA TO VENEZUELA :Mr. BORAH. I have prepared a resolution, but I thought George T. Summerlin, of Louisiana, now envoy extraordinary I would offer the resolution only in case the Senator thought and minister plenipotentiary to Honduras, to be envoy extraor­ his committee would not be interested without having the sub­ dinary and minister plenipotentiary of the United States of ject brought before them in that manner. America to Venezuela. 192~ CONGRESSIONAL RECORD-SENATE 3403 CoNsULS William H. Beach, of Virginia. The following-named Foreign Service officers, now vice con- Culver n. Chamberlain,' of Missouri. suls of career, to be consuls of the United States of America: Samuel G. Ebling, of Ohio. William II. Beach, of Virginia. Samuel Green, of Maryland. Cui ver B. Chamberlain, of Missouri. William F. Nason, of Massachusetts. Samuel G. Ebling, of Ohio. J. Hall Paxton, of· Virginia. Samuel Green, of Maryland. C. Warwick Perkins, jr., of Maryland. William F. Nason, of Massachusetts. J ohn S. Richardson, jr., of Massachusetts. J. Hall Paxton, of Virginia. Robert B. Streeper, of Ohio. C. Warwick Perkins, jr., of Maryland. Arthur F. Tower, of New York. John S. ,Richardson, jr., of Massachusetts. Richard R. Willey, of New York. Robert B. Streeper, of Ohio. Whitney Young, of New York. Arthur F. Tower, of New York. · The following-named persons to be Foreign Service officers, Richard R. Willey, of New York. unclassified, of the United States of America: Whitney Young, of New York. Elvin Seibert, of New York. Edward T. Wailes, of New York. VICE CoNSULS John C. Shillock, jr., of Oregon. The following-named persons to be vice consuls of career of J. Laurence Pond, of Connecticut. the United States of America: • - James W. Gantenbein, of Oregon. Elvin Seibert, of New York. Claude H. Hall, jr., of Maryland. Edward T. Wailes, of New York. Sidney A. Belovsky, of New York. John C. Shillock,- jr., of Oregon. MEMBERS OF THE FEDER-AL FARM llo.ARD J. Laurence Pond, of Connecticut. James W. Gantenbein, of Oregon. The following-named persons to be members of the Federal Claude H. Hall, jr., of Maryland. Farm Board for the terms indica ted, to which offices they were Sidney A. Belovsky, of New York. appointed during the last recess of the Senate: SECRETARI.Et;! IN THE DIPLOMATIC SERVICE Fo1· a term of one year from June 15, 1929 Flavius J. Chapman, 3d, of Virginia, now a Foreign Service Alexander Legge, of Illir1ois. officer of class 8, and a consul, to be aLo a secretary in the Dip­ Charles C. Teague, of California. lomatic Service of the United States of America. For a term of two years from Jurw 15, 1929 Julius C. Holmes, of Kansas, now a Foreign Service officer, William F. Schilling, of Minnesota. unclassified, and a vice consul of career, to be also a secretary Samuel Roy McKelvie, of N ebra~a. in the Diplomatic Service of the United States of America. For a term of three years from June 15, 1929 Alfred W. Kliefoth, of Pennsylvania, now a Foreign Service officer of class 5 and a consul, to be also a secretary in the C. B. Denman, of Missouri. Diplomatic Service of the United States of America. For a term of tour years from June 15, 1929 Charles S. Wilson, of New York. FoREIGN SERVICE OFFICERS The following-named persons for promotion in the Foreign For a term of five years from June 15, 1929 Service of the United States as follows: James C. Stone, of Kentucky. From Foreign Service officer of class 2 to Foreign Service For a tftrm of sia: years from June 15, 1929 officer of class 1 : Carl Williams, of Oklahoma. Ray Atherton, of lllinois. Edwin L. Neville, of Ohio. ME:MBm OF THE FEDERAL FARM LoAN BOARD From Fo.reign Service officer of class 3 to Foreign Service Albert C. Williams, of Texas, to be a member of the Federal officer of class 2 : Farm Loan Board for a term of eight years, expiring August 6, James Clement Dunn, of New York. · 1937. (Reappointment.) Wesley Frost, of Kentucky. MEMBER OF THE CALIFORNIA DEBRIS COMMISSION From Foreign Service officer of class 4 to Foreign Service Maj. John R. D. Matheson, Corps of Engineers, United States officer of class 3.: . Army, for appointment as a member of the California Debris F. Lammot Belin, of Pennsylvania. Commission provided for by.the act of Congress approved March Thomas H , Bevan, of Maryland. 1, 1893, entitled "An act to create the California Debris Com­ From Foreign Service officer of class 5 to Foreign Service mission and regulate hydraulic mining in the State of Cali­ officer of class 4 : fornia," vice Lieut. Col. Thomas H. Emerson, Co:r:ps of En­ William C. Burdett, of Tennessee. gineers, United States Army. 1\fonnett B. Davis, of Colorado. John Farr Simmons, of New York. CoAsT GuARD George Wadsworth, of New York. The following-named officers in the Coast Guard of the United From Foreign Service officer of class 6 to Foreign Service States: officer of class 5 : TEMPORARY ENSIGNS Harry E. Carlson, of illinois. To take effect from date of oath: John G. Erhardt, of New York. John S. Merriman, jr. Clement S. Edwards, of 1\linnesota. Francis Wiesman. Charles Roy Nasmith, of New York. Harold L. Williamson, of Illinois. LIEUTENANT (JUNIOR GRADE) From Foreign Service officer of class 7 to Foreign Service To rank from June 19, 1929: officer of class 6 : Ensign Frank E. Pollio. Philip Ada:r;ns, of Massachusetts. Ensign John II. Martin. John L. Bouchal, of Nebraska. LIEUTENANT COMM.ANDERS William P. George, of Alabama. To rank from March 7, 1929: Augustin W. Ferrin, of New York. Lieut. Merlin O'Neill. James J. Murphy, jr., of Pennsylvania. Lieut. Norman H. Leslie. Alexander K. Sloan, of Pennsylvania. To rank from May 4, 1929: From Foreign Service officer of class 8 to Foreign Service Lieut. Norman R. Stiles. officer of class 7 : Charles H. Derry, of Georgia. LIEUTENANTS Peter H. A. Flood, of New Hampshire. To rank from February 16, 1929: Charles W. Lewis, jr., of Michigan. Lieut. (Junior Grade) Harold S. Berdine. Horatio 1\looers, of Maine. To rank from March 7, 1929: James E. McKenna, of Massachusetts. Lieut. (Junior Grade) Robert H. Furey. Alfred T . Nester, of New York. Lieut. (Junior Grade) Norma.n M. Nelson. Christian M. Ravndal, of Iowa. Lieut. (Junior Grade) Robert E. Hunter. Conger Reynolds, of Iowa. Lieut. (Junior Grade) Carl E. Guisness. Francis H. Styles, of Virginia. Lieut. (Junior Grade) Ernest B. Johnson. I!'rom Foreign Service officer, unclassified, at $3,000, to Foreign Lieut. (Junior Grade) Paul B. Cronk. Service officer of class 8 : Lieut. (Junior Grade) Clarence 0. Paden. 3404 CONGRESSIONAL RECORD-SEN~'-\. .TE SEPTEMBER 4

Lieut. (Junior Grade) Donald G. Jacobs. MEDIOAL CORPS Lieut. (Junior Grade) Vincent J. Charte. To be first Ueutenants Lieut. (Junior Grade) Harold L. Connor. Lieut. (Junior Grade) Chester C. Childs. First Lieut. Robert Edward Lee, Medical Corps Reserve, Lie-ut. (Junior Grade) John P. Crowley. with rank from July 1, 1929. To rank from April 20, 1929 : First Lieut. Jesse Benton Helfzich, Medical Corps Reserve, Lieut. (Junior Grade) Arthur G. Morrill. with rank from July 1, 1929. First Lieut. Thomas Albert Wildman, Medical Corps Reserve, LIEUTENANTS (JUNIOR GR.ADE) with rank from July 1, 1929. To rank from March 8, 1929 : First Lieut. Duran H. Summers, Medical Corps Reserve, with Ensign William T. Schellhous. rank from July 1, 1929. Ensign Harold S. Maude. First Lieut. Frederick Stephen Craig, Medical Corps Reserve, Ensign Donald E. McKay. with rank from July 1, 1929. Ensign Vernon E. Day. First Lieut. Norman Hyde Wiley, Medical Corps Reserve, with Ensign Leslie B. Tollaksen. rank from Auguat 1, 1929. Ensign John L. Steinmetz. First Lieut. Paul Irwin Robinson; Medical Corps Reserve, Ensign Stanley C. Linholm. with rank from August 1, 1929. Ensign Fred P. Vetterick. First Lieut. Silas Beach Hays, Medical Corps Reserve, with Ensign George F. Hicks. rank from August 1, 1929. Ensign Clarence F. Edge. First Lieut. Henry William Daine, Medical Corps Reserve, Ensign Alexander L. Ford. with rank from August 1, 1929. Ensign Stephen H. Evans. First Lieut. Earl Maxwell, Medical Corps Reserve, with rank En ign John A. Glynn. from August 1, 1929. En ign John E. Fairbank. First Lieut. Daniel John Berry, Medical Corps Reserve, with Ensign Joseph A. Ken· ins. rank from August 1, 1929. Ensign William W. Scott. First Lieut. William Augustus Hadly, jr., Medical Corps Ensign Edward H. Thiele. Reserve, with rank from August 1, 1929. Ensign Reginald H. French. First Lieut. Roary Adlai Murchison, Medical Corps Reserve, Ensign John W. Ryssy. with rank from August 1, 1929. Ensign Richard L. Burke. First Lieut. Paul Hayes, Medical Corps Reserve, with rank To rank from March 9, 1929: from August 1, 1929. Ensign Nathaniel S. Fulford, jr. First Lieut. Hugh Logan Prather, Medical Corps Reserve, Ensign Richard L. Horne. with rank from August 1, 1929. The above-named officers have passed the examinations re­ First Lieut. George Hollander Donnelly, Medical Corps Re­ ·quired for appointment and promotion. serve, with rank from August 1, 1929. PUBLIC HEALTH SERVICE First Lieut. Francis Willard Pruitt, Medical Corps Reserve, The following-named officers in the Public Health Service: with rank from August 1, 1929. .ASSISTANT SURGEONS First Lieut. Elbert DeCoursey, Medical Corps Reserve, with rank from August 1, 1929. To take effect from date of oath: First Lieut. John Frederick Bohlender, Medical Corps Re­ Dr. ·wmiam F. Ossenfort. Dr. Ivan W. Steele. serve, with rank from August 1, 1929. Dr. Oswald F. Hedley. Dr. Kenneth R. Nelson. First Lieut. Charles Scott Mudgett, Medical Corps Reserve, Dr. James T. Jackson. Dr. Harold D. Lyman. with rank from August 1, 1929. Dr. Raymond .L. Evans. Dr. Vane M. Hoge. First Lieut. Ellis McFerrin Altfather, Medical Corps Reserve, Dr. Walter P. Griffey. Dr. ],rank F. Thweatt, jr. with rank from August 1, 1929. Dr. Joseph 0. Dean. Dr. Charles K. Rose, jr. First Lieut. Aubrey LeVerne Bradford, Medical Corps Re­ Dr. Harold M. Hand. serve, with rank from August 1, 1929. PASSED .ASSISTANT SURGEONS First Lieut. Wilford F. Hall, Medical Corps Reserve, with To rank from date set opposite their names: rank from August 1, 1929. Asst. Surg. Derrick A. Hoxie, July 22, 1929. First Lieut. Rollin LeRoy Bauchspies, Medical Corps Reserve, Asst. Surg. Fletcher C. Stewart, July 30, 1929. with rank from August 1, 1929. The-se officers have passed the examinations required by law First Lieut. Ernest David Liston, Medical Corps Reserve, with and the regulations of the service. rank from August 1, 1929. COAST .AND GEODETIC SURVEY First Lieut. John Ruxton Wood, Medical Corps Reserve, with rank from August 1, 1929. The following-named officers of the Coast and Geodetic Survey First Lieut. Raymond Wilkins Murray, Medical Corps Re­ to the positions named : serve, with rank from August 1, 1929. HYDROGRAPHIC AND GEODETIC ENGINEERS (WITH RELATIVE RANK OF First Lieut. Jack William Schwartz, Medical Corps Reserve, LIEUTENANT IN THE NAVY) . with rank from August 1, 1929. Earl Oscar Heaton, of New York, vice F. B. T. Siems, pro­ First Lieut. Clyde Lemuel Brothers, Medical Corps Reserve, moted. with rank from August 1, 1929. Robert Francis Anthony Studds, of the District of Columbia, First I .. ieut. Roger Gaylord Prentiss, jr., Medical Corps Re­ vice R. R. Lukens, promoted. serve, with rank from August 1, 1929. APPOINTMENTS IN THE ARMY First Lieut. Claude Linwood Neale, Medical Corps Reserve, with rank from August 1, 1929. GE ~ ERAL OFFICERS First Lieut. George Horsfall, Medical Corps Reserve, with To be 'major generals rank from August 1, 1929. Brig. Gen. Ralph Henry VanDeman, from May 27, 1929, vice First Lieut. Harold Edward Schneider, Medical Corps Re­ Maj. Gen. Harry A. Smith, died May 26, 1929. sene, with rank from August 1, 1929. Brig. Gen. Frank Ross McCoy, from September 4, 1929, vice First Lieut. Olin Foster Mcllnay, Medical Corps Reserve, Maj. Gen. Ralph H. Vanh)eman, to be retired from active service with rank from August 1, 1929. September 3, 1929. First Lieut. Samuel Howard Alexander, Medical Corps Re­ To be lrrigadier gw..eraZ serve, with rank from August 1, 1929. First Lieut. Herbert Theodore Berwald, Medical Corps Re­ Col. George Clymer Shaw, Infantry, from June 25, 1929, vice serve, with rank from August 1, 1929. Brig. Gen. Ralph H. VanDe-man, who accepted appointment as major general June 25, 1929. DENTAL CORPS ASSISTAN T CHIEF OF BR.ANCH To be first limttena;nts To be Assistant The Adjutant Gene-raZ, with the rank of First Lieut. Dale Bowlby Ridgely, Dental Corps Reserve, with brigadier general, tor the pe1 ..iod of four years beginning July rank from June 28, 1929. 17, 1929, with rank from July 11, 19'29 First Lieut. Roger Giles Miller, Dental Corps Reserve, with Col. James Fuller McKinley, Adjutant General's Department, rank from June 28, 1929. vice Brig. Gen. Archibald Campbell,. Assistant The Adjutant First Lieut. Eugene Edward Manning, Dental Corps Reserve, , General, retired from active service July 16, 1929. with rank from June 28, 1929. 1929 CONGRESSIONAL RECORD-SENATE 3405

vmrERJNARY OORPS Second Lieut. Frederick August Bacher, jr., Field Artillery To be sOO

APPOINT.MEI\~S IN THE OFFICERS' RESERVE CoRPS OF THE ABMY Quartermaster Clerk John L. Watkins to be a chief quarter­ GENERAL OFFICER master clerk in the Marine Corps, to rank with but after second lieutenant, from the. 3d day of November, 1928. To be briga4ier generals, Reserve Pay Clerk John J. Reidy to be a chief pay clerk in the Marine Brig. Gen. Louis Francis Guerre, Louisiana National Guard, Corps, to rank with but after second lieutenant, from the 22d from August 1, 1929. - day of March, 1929. Brig. Gen. Harry. Gray Winsor, Washington National Guard, from June 26, 1929. SENATE PRoMOTION ·m MARINE CoRPs Col. Cyrus S. Radford, assistant quartermaster, to be the THuRsDAY, Septemher 5, 19'29 quartermaster of the Marine Corps, with the rank of brigadier Rev. George G. Culbertson, associate minister of the New general, for a period of four years from the 24th day of August, York Avenue Presbyterian Church of the city of Washington, 1929. . offered the following prayer : Brig. Gen. Smedley D. Butler to be a major general (tempo­ rary) in the Marine Corps from the 5th day of July, 1929. Infinite and gracious God, our Heavenly Father, ever near to Col. John T. Myers (an additional number in his grade) to ?S ~d always ready to help those who put their trust in Thee, be a brigadier general in the Marine Corps from the 5th day of mcline Thine ear unto us. Make us more eager to do Thy will July, 1929. and more susceptible to heavenly influences. With clear vision Capt. Pedro A. del Valle to be a major in the Marine Corps and. firm, unfaltering footsteps may we go forward with the from the 1st day of June, ·1929. duties of the hour, leaving the final issues of life to Thee who Qlpt. Walter H. Sit.z to be a major in the Marine Corps from doeth all things well; and to Thee shall be the glory and honor the 30th day of June, 1929. and praise forever. Amen. First Lieut. Joseph C. Grayson to be a captain in the Marine The <;Jhief Clerk proceeded to read the Journal of yesterday's Corps from the 11th day of February, 1929. proceedmgs, when, on request of Mr. WATSON and by unanimous First Lieut. Donald G. Oglesby to be a captain in the Marine consent, the further reading was dispensed with and the Jour­ Corps from the 25th day of February, 1929. nal was approved. First Lieut. Byron F. Johnson to be a captain in the Marine Corps from the 9th day of April, 1929. PRESIDENTIAL APPROVALS First Lieut. Alfred C. Cottrell to be a captain in the Marine A message from the President of the United States by l\Ir. Corps from the 13th day of May, 1929. Latta, one of his secretaries, announced that the President had First Lieut. John T. Selden to be a captain in the Marine approved and signed the following acts: Corps from the 16th day of May, 1929. On June 18,-1929: First Lieut. Elmer E. Hall to be a captain in the Marine S. 1452. A.n act to authorize the State of West Virginia to Corps from the 1st day of June, 1929. acquire a bridge over the Kanawha River at Cabin Creek in said First Lieut. Henry A. Carr to be a captain in the Marine State and to acquire the right to construct a bridge over said Corps from the 2d day of June, 1929. river at or near St. Albans in said State. First Lieut. Orrel A. Inman to be a captain in the Marine On June 20, 1929: Corps from the 30th day of June, 1929. S.1453. An act to extend the times for commencing and com­ First Lieut. Frank S. Flack to be a captain in the Marine pleting the construction of certain bridges, and for other pur­ Corps from the 23d day of July, 1929. poses. Second Lieut. Albert R. Bourne to be a first lieutenant in the On June 21, 1929: Marine Corps from the 24th day of June, 1928. S. 1535. A.n act to extend the time for the construction of the Second Lieut. Reginald H. Ridgely, jr., to be a first lieutenant bridge acros the Chesapeake Bay ; and in the Marine Corps from the 27th day of November, 1928. S. 1548. A.n act extending the times for commencing and com­ Second Lieut. Albert D. Cooley to be a first lieutenant in the pleting the construction of a bridge across the White iuver at Marine Corps from the lOth day of May, 1929. or near Newport, Ark. Second Lieut. Theodore A. Holdahl to be a first lieutenant in On June 24, 1929: the Marine Corps from the 12th day of May, 1929. 8.1537. A.n act to amend subdivision (a) of section 1 of the Second Lieut. Richard Fagan to be a first lieutenant in the act entitled "A.n act making it a felony with penalty for certain Marine Corps from the 13th day of May, 1929. aliens to enter the United States of America under certain con­ Second Lieut. Lewis B. Puller to be a first lieutenant in the ditions in violation of law," approved March 4, 1929. Marine Corps from the 24th day of May, 1929. On June 25, 1929: Second Lieut. Ernest E. Shaughnessey to be a first lieutenant S. 669. An act to alter and amend an act entitled "A.n act in the Mati.ne Corps froru the 1st day of June, 1929. granting lands to aid in the construction o-f a railroad and tele­ Second Lieut. James E. Jones to be a first lieutenant in the graph line from Lake Superior to Puget Sound, on the Pacific Marine Corps from the 2d day of June, 1929. coast, by the northern route," approved July 2 1864 and to Second Lieut. Herbert P. Becker to be a first lieutenant in the alter and amend a joint resolution entitled "J~int r~solution Marine Corps from the 30th day of June, 1929. authorizing the Northern Pacific Railroad Co. to issue its bonds Second Lieut. William C. Purple to be a first lieutenant in the for the construction of its road and to secure the same by Marine Corps from the 23d day of July, 1929. mortgage, and for other purposes," approved May 31 1870 · to The following-named citizens to be second lieutenants in the declare forfeited to the United States certain claimed 'rights' as­ Marine Corps, (probationary for two years), from the 25th serted by the Northern Pacific Railroad Co., or the Northern day of July, 1929: Pacific Railway Co. ; to direct the institution and prosecution Wilfred J. Huffman, a citizen of . of proceedings looking to the adjustment of the grant, and for Joseph P. McCaffery, a citizen of Pennsylvania. other purposes. Clarence J. O'Donnell, a citizen of Massachusetts. CALL OF THE ROLL John B. Hill, a citizen of Georgia. Mr. WATSON. Mr. President, I suggest the absence of a John S. Holmberg, a citizen of Minnesota. quorum. Keith R. Willard, a citizen of Illinois. The VICE PRESIDENT. The clerk will call the roll. James R. Hester, a citizen of Kentucky. The legislative clerk called the roll, and the following Senators Albert F. Moe, a citizen of California. answered to their names : Lloyd H. Reilly, a citizen of Iowa. Allen Fletcher Kean Sackett Carson A. Roberts, a citizen of Wisconsin. Ashurst Frazier Keyes Sheppard Barkley George King Shortridge Chester R. Allen, a citizen of Florida. Bingham GlasS! La Follette Simmons Orin K. Pressley, a citizen of South Carolina. Black Glenn McKellar Smoot Richard J. McPherson, a citizen of Missouri. Blaine Goff McMaster Steiwer Blease Goldsborough McNary Swanson Joseph H. Berry, a citizen of Oregon. Borah Greene Moses Thomas, Idaho William F. Parks, a citizen of Oregon. Brookhart Hale Nye Townsend Robert H. Williams, a citizen of Ohio. Broussard Harris Overman Trammell Burton Harrison Patterson Tydings Claude I. Boles, a citizen of Iowa. Capper Hastings Phipps Vandenberg William A. Willis, a citizen of Georgia. Caraway Hayden Pine Wagner Quartermaster Clerk William A. Warrell to be a chief quar­ Connally Hebert Pittman Walsh, Mass. Couzens Heilin Ransdell Walsh, Mont. termaster clerk in the Marine Corps, to rank with but after Deneen Howell Reed Warren second lieutenant, from the 19th day of October, 19~ Fesa lonea Robinson, Ark. .Watson