4944 CONGRESSIONAL RECORD-- SENATE MAY 24 Also, a bill (H. R. 7195) for the relief of Joseph Lane; to States to consider Senate bill 2226, a bill to regulate inter­ the Committee on Claims. state transportation of products of child labor in certain By Mr. KELLY of New York: A bill

~A bill to enable the Legislature of the Territory of Hawa11 to Whereas the joint holdover committee has recom.niended that authorize the city and county of Honolulu, a municipal corpora­ the rate of interest on homesteaders' loans under the provisions tion, to issue sewer bonds of section 215 (2) of the Hawaiian Homes Act be reduced from "Be it enacted, etc.- 5 percent to 3 percent: Now, therefore, be it ..SECTioN 1. The Legislature of the Territory of Hawaii. any Resolved by the House of Representatives of the Nineteenth provision of the Hawaiian Organic Act, or of any act of this Con­ Legislature of the Territory of Hawaii (the senate concurring). gress to the contrary notwithstanding, may authorize the city and That the Congress of the United States is hereby requested to county of Honolulu, a municipal corporation of the Territory of amend sections 203 (1), 203 (4), 204 (2), 207 (1), 208, 208 (1), Hawaii, to issue general obligation bonds in the sum of $1,750,000 208 (5). 208 (6)' 208 (7). 209 (1). 209 (2). 209 (3), 209 (4). 215 (1). for the purpose of enabling it to construct main interceptors and 215 (2), 215 (3), 216, and 220 of the Hawaiian Homes Commis­ trunk lines and to meet its share of expenses for the construction sion Act, so that they will read as follows: and extension of laterals under improvement district assessments "SEc. 203 (1) On the island of Hawaii: Kamaoa-Puueo .(11,000 for a sanitary sewer system in the city and county of Honolulu. acres, more or less), in the District of Kau; Puukapu (12,000 "SEc. 2. The bonds issued under authority of this act may be acres, more or less), Kawaihae 1 (10,000 acres, more or less), and either term or serial bonds, maturing, in the case of term bonds, Puuahi Kohala.; Kamoku-Kaupalena (5,000 acres, more or less), not later than 30 years from the date of issUe thereof, and, in the Waimanu (200 acres, more or less), and Nienie (7,350 acr96, more case of serial bonds, payable in substantially equal annual install­ or less), in the District of Hamakua; 53,000 acres to be selected ments, the first installment to mature not later than 5 years, and by the Commission from the lands of Humuula Ma.uka, in the the last installment to mature not later than 30 years, from the District of North Hilo; Panaewa, Waiakea (2,000 acres, more or date of such issue. Such 'bonds may be issued Without the ap­ less), Waiakea-kal, or Keaukaha (2,000 acres, more or less), and proval of the President of the United States. 2,000 acres of agricultural lands to be selected by the Commis­ "SEC. 3. Any legislation enacted by the Legislature of the Ter­ sion from the lands of Piihonua, in the District of South Hllo; ritory of Hawaii in its 1937 session pertaining to the issuance of and 2,000 acres to be selected by the Commission from the lands sewer bonds, as authorized by this act, 1s hereby ratified and con­ of Kaohe-Mak:uu, in the District of Puna; land at Keaukaha, firmed subject to the provisions of this a.ct: Provid.ed., however, Hawaii, more particularly described as follows: That nothing herein contained shall be deemed to prohibit the "PARCEL I amendment of such territorial legislation by the Legislature of ''Now set aside as Keaukaha Beach Park by Executive Order the Territory of Hawaii from time to time to provide for changes No. 421, and being a portion of the Government land of Waiakea, in the improvements authorized by such legialation and for the South Hllo, Hawaii. disposition of unexpended moneys realized from the sale of said "Beginning at the southeast comer of this parcel of land, on the bonds. north side of Kalanianaole Road, the coordinates of said point of "SEc. 4. This act shall take effect immediately." beginning referred to Government survey triangulation station 2. That certified copies of this concurrent resolution be for­ 'Halai' being 5,681.12 feet north and 17,933.15 feet east, as shown warded by the secretary of the Territory of Hawaii to the Secre­ on Government survey registered map 2704, and running by true tary of the Interior, the Delegate to Congress from Hawaii, and to azimuths: 1. 61 °58' 1,351.73 feet along the north side of Kalania­ both Houses of the Congress of the United States of America. naole Road (50 feet wide); 2. 151 °58' 840 feet along United States military reservation for river and harbor improvements (Executive Order 176); thence along the seashore at high-water mark, the direct Concurrent resolution requesting Congress to amend sections 203 azimuth and distances between points at seashore being: 3. 282°00' ( 1 ) • 203 ( 4) • 204 ( 2) • 207 ( 1) • 208, 208 ( 1) ' 208 ( 5) • 208 ( 6) • 208 468.50 feet; 4. 313°20' 441 feet; 5. 260°20' 140 feet; 6. 242°20' (7), 209 (1), 209 (2), 209 (3), 209 (4), 215 (1), 215 (2), 215 (3), 250 feet; 7. 188°40' 60 feet; 8. 272°20' 170 feet; 9. 205°00' 216, and 220 of the Hawaiian Homes Commission Act 60 feet; 10. 110°20' 220 feet; 11. 90°50' 80 feet; 12. 162°00' Whereas the joint holdover committee of the legislature to study 170 feet; 13. 250°30' 430 feet; 14. 331 °58' 380 feet along the Hawaiian homes project has requested that an area of 27.9 acres parcel II of Government land to the point of beginning, and con­ of unused Federal land and 4.6 acres of unused territorial land in taining an area of 11.20 acres, more or less. Kewalo, Oahu, in the Papakolea area, be added to the available "PARCEL ll Hawaiian home lands in order to simplify a proposed subdivision into residence lots, lessen the costs of development, and enlarge the "Being a portion of the Government land of Waiakea, South scope of the project generally; and Hllo, Hawaii, and located on the north side of Kalanianaole Road Whereas the Hawatian Homes Comm.lssion has recommended that, and adjoining parcel I, hereinbefore described. in order to clarify the description of that parcel of Kalawahine, "Beginning at the south corner of this parcel of land, on the Oahu, land, now under its control and now described by "parcel" north side of Kalanianaole Road, the coordinates of said poin~ description, should be described by ''metes and bounds"; and of beginning referred to Government survey triangulation station Whereas the joint holdover committee has further recommended 'Hala1' being 5,681.12 feet north and 17,933.15 feet east, and that an area of 16.46 acres of beach front at Keaukaha. Hawaii, running by true azimuths: 1. 151 o 56' 380 ~eet along the east mainly a. park that was formerly a part of the Hawaiian homes lands boundary of parcel I; 2, 229°45'30" 191.01 feet; 3. 198°00' 230 and serving as an essential fishing base for the homesteaders, be feet to a 1%-inch pipe set in concrete; 4. 307°38' 562.21 feet to a transferred to the control of the Hawaiian Homes Commission; and 1¥.!-inch pipe set in concrete; 5. 28°00' 121.37 feet to the north Whereas the joint holdover committee has recommended that side of Kalanianaole Road; 6. 61 °58' 483.22 feet along the north the present Withdrawal period of 5 years after notification by the side of Kalanianaole Road to the point of beginningJ and con­ commission of leases of available lands by the commissioner of taining an area of 5.26 acres, more or less. public lands be modified in future leases so as to permit leases to "SEc. 203 (4). On the island of Oahu: Nanakuli (3,000 acres, be drawn with a Withdrawal clause in terms to be fixed by the more or less), and Lualualei (2,0CO acres, more or less), in the commission at the time the lease is drawn; and . district of Waianae; and Waimanalo (4,000 acres, more or less), in Whereas the joint holdover committee has recommended that the district of Koolaupoko, excepting therefrom the military res­ the homes comm1sslon should have greater latitude than the pres­ ervation and the beach lands; and those certain portions of the ent act provides in planning agricultural and residence lots; and lands of Auwaioltmu, Kewalo, and Kalawahine described by metes Whereas in accordance with an opinion from the territorial and bounds as follows, to wit: attorney general the Hawat·an Homes Commission is now author­ "(I) Portion of the Government land at Auwaiolimu, Punch­ ized to issue only short-term revocable licenses covering the con­ bowl Hill, Honolulu, Oahu, described as follows: struction, operation, and maintenance of needed public utlllties "Beginning at a pipe at the southeast comer of this tract of Within commission lands, and it has been recommended that the land, on the boundary between the lands of Kewalo and Au­ commission be authorized to grant licenses for terms of not more waiolimu, the coordinates of said point of beginning referred to than 21 years to public utility companies as easements for rail­ Government survey triangulation station 'Punchbowl' being 1,135.9 roads, telephone ltnes, electric power and light lines, gas mains, feet north and 2,557.8 feet east, as shown on Government survey and the like; and registered map 2692, and running by true azimuths: 1. 163°31' Whereas the Hawaiian Homes Commission has, at the request of 238.8 feet along the east side of Punchbowl-Makikl Road; 2. 94 °08' the joint holdover committee, formulated a clear-cut policy regard­ 124.9 feet across Tantalus Drive and along the east side of Puuo­ ing succession of the interests of a deceased homesteader in bls waina Drive; 3. 131 °13' 232.5 feet along a 25-foot roadway· 4. leasehold, and has recommended to the legislature amendments to 139°55' 20.5 feet along same; 5. 168°17' 257.8 feet along Gov~rn­ the Ha.wa.i.ian Homes Act, which Will allow such policy to be ment land (old quarry lot); 6. 156°30' 333 feet along same to a followed; and pipe; 7. Thence following the old Auwaiolimu stone wall along Whereas by reason of the fact that the income of the home­ L. C. Award 3145 to Laenul, Grant 5147 (lot 8 to C. W. Booth), steaders from their pineapple crop comes in too late each year L. C. Award 1375 to Kapule, and L. C. Award 1355 to Kekuanoni, to meet the taxes for that year and there 1s no purpose served the direct azimuth and distance being: 249°41' 1,303.5 feet; 8. by requiring payments to become delinquent With the resultant 321 o 12' 693 feet along the remainder of the land of Auwaiolimu; penalties before the Commission can a.ct on behalf of the home­ 9. 51 °12' 1,400 feet along the land of Kewalo to the point of begin­ steaders to pay the tax, thereupon acquiring a lien therefor upon ning; containing an area of 27 acres; excepting and reserving homesteaders' property; and therefrom Tantalus Drive and Auwaiolimu Street crossing this Whereas the joint holdover committee has recommended that land. the Hawaiian Homes Act be changed by permitting the Commis­ "(II) Portion of the land of Kewalo, Punchbowl Hill, Honolulu, sion to pay the homesteaders' taxes and acquire a lien Without Oahu, being part of the lands set aside for the use of the Hawaii waiting for delinquency; and Experiment Station of the United States Department of Agricul­ Whereas the joint holdover committee has recommended that ture by proclamation of the Acting Governor of Hawati, dated the Commission be authorized to undertake and carry on activi­ June 10, 1901, and described as follows: ties having to do with the economic and social welfare of the "Beginning at the northeast comer of this lot at a place called homesteaders 1n addition to those now authorized; and 'Puu Ea' on the boundary between the lands of Kewa.lo and 4950 PONGRESSIONAL RECORD-SENATE MAY 24 Auwaiolimu, the coordinates of said point of beginning referred to of Auwaiollmu Street to the point of beginning and containing Government survey triangulation station 'Punchbowl', being 3,255.6 an area of 27.9 acres. feet north and 5,244.7 feet east, a.s shown on Government survey "Excepting and reserving therefrom that certain area included registered map 2692 of the Territory of Hawaii, and running by 1n Tantalus Drive, crossing this land. true azimuths: 1. 354.30' 930 feet along the remainder of the land "(V) Portion of Kewalo-uka Quarry Reservation. Situate on of Kewalo, to the middle of the stream which divides the lands of the northeast side of Auwaiolimu Street. Kewalo and Kalawahine; 2. Thence down the middle of said stream "KEWALO-UK.A, HONOLULU, OAHU along the land of Kalawahine, the direct azimuth and distance being: 49.16' 1,512.5 feet; 3. 141 °12' 860 feet along the remainder "Being land reserved by the Territory of Hawali within the of the land of Kewalo; 4. 231 •12' 552.6 feet along the land of Au­ Hawaii Experiment Station, under the control of the United wa1olimu to 'Puu Iole'; 5. Thence st111 along the said land of States Department of Agriculture, as described in proclamations of the Acting Governor of Hawaii, Henry E. Cooper, dated June 10 Auwa.lollmu following the top of the ridge to the point of begin­ 1901. , ning, the direct azimuth and distance being: 232°26' 1,470 feet, and containing an area of 30 acres; excepting and reserving there­ "Beginning at the northwest comer of this parcel of land and from Tantalus Drive crossing this land. on the northeast side of Auwaiolimu Street, the coordinates of "(ID1 Portion of the land of Kalawahine situate mauka or said point of beginning referred to Government survey triangula­ northeast of Roosevelt High School, Honolulu, Oahu. . tion station 'Punchbowl' being 893.66 feet north and 2,933 .59 feet "Being portion of L. C. Award 11215 Apana 2 to Keliiahonul con­ east as shown on Government survey registered map 2985 and veyed by W. M. G11Iard to the Territory of HawaU by deed dated running by azimuths measured clockwise from true south: Ft-bruary 1, 1907, and recorded 1n Liber 291, page 1. 1. 233°20', 340.34 feet along the Hawaii Experiment Station under · "(Being portion of the lands set aside for the Hawallan Homes the control of the United States Department of Agriculture; 2. Commission by the Seventy-third Congress by Act No. 227, ap- 272°05', 202.2 feet along same; 3. 290°06', 239.2 feet along same· proved May 16, 1934.) · 4. 44°53', 670.65 feet along same to the northeast side of Auwal~ "Beginning at the south comer of this parcel of land and near olimu Street; 5. thence on a curve to the left with a radius of the east comer of Roosevelt High School lot, the coordinates of 1,176.28 feet along the northeast side of Auwaiolimu street, the said point of beginning referred to Government survey triangu­ direct azimuth and d.18tance being 147°51'13", 219.5 feet; 6. lation station 'Punchbowl', being 25.02 feet south and 1,117.39 142°30', 134.55 feet along the northeast side of_Auwaiolimu Street; feet east as shown on Government survey registered map 2985 . 7. 232°30', 20 feet along same; 8. 142.30', 71.57 feet along same and running by azimuths measured clockwise !rom true south: to the point of beginning and containing an area of 4.646 acres. (1) 128°54', 706.13 feet along Roosevelt High school lot, and pass­ · "SEc. 204 (2). Any available land, including land selected by ing over a pipe at 684.13 feet; (2) thence up along the middle o~ the Commission out of a larger area, as provided by this act, as stream in all its turns and windings along the land of Kewalo­ may not be immediately needed for the purposes of this act, may uka to the south comer of Hawaiian home land (Presidentlal be returned to the commissioner of public lands a.nd may be Executive Order 5561), the direct azimuth and distance being leased by him as provided in subdivision (d) of section 73 of 213 •48'40", 1,112.2 feet; (3) thence continuing up along the middle the organic act; any lease of Hawaiian home lands hereafter of stream in all its turns and windings along the land of Kewalo­ entered into shall contain a withdrawal clause, and the lands so uka (Presidential Executive Order 5561), to the south side of leased shall be withdrawn by the commissioner of public lands, Tantalus Drive realinement, the direct azimuth and distance being for the purposes of this act, -qpon the Commission giving at its 228.29'10", 1,391 feet; (4) thence on a curve to the right With option not less than 5 years' notice of such withdrawal: Provided, a radius of 120.78 feet along the southerly side of Tantalus Drive That the minimum withdrawal notice period shall be specifically realinement (60 feet wide), the direct azimuth and distance stated in such lease. being 358°21', 193.8 feet; (5) 51 °42', 193.35 feet along the south­ "SEC. 207 (1). (a) The Commission is authorized to lease to erly side of Tantalus Drive realinement; ( 6) thence on a curve native Hawaiians the right to the use and occupancy of a tract of to the left with a radius of 330 feet, along same, the direct Hawaiian home lands within the following acreage limits per each azimuth and distance being 25°23'10", 292.58 feet; (7) 22°53', lessee: ( 1) Not less than 1 nor more than 40 acres of agricultural 291.93 feet along the ·southerly side of Tantalus· Drive reallne­ lands; or (2) not less than 100 nor more than 500 acres of first­ ment and along the west side of· the Kalawahine Slope lots; class pastoral lands; or (3) not less than 250 nor more than 1,000 (8) thence on a curve to the left with a radius of 305.60 feet acres of second-class pastoral lands: Provided, however, That lots along the west side of the Kalawahine Slope lots, the direct azi­ of not more than 1 acre of any class of land may be leased as muth and distance being 6°21'30", 173.85 feet; (9) 349.50', 47 residence lots. The Commission is also authorized to grant .feet along the west side of the Kalawahine Slope lots; (10) thence llcenses for terms of not to exceed 21 years in each case to public­ on a curve to the right with a radius of 520 feet along same and utility companies or corporations as easements for railroads, tele­ along Territorial land, the direct azimuth and distance being phone lines, electric power and light lines, gas mains, and the like. 17°31', 483.18 feet; (11) 315°12', 75 feet along Territorial land; "SEc. 208 (1). The original lessee shall be a native Hawaiian, (12) 45 °12', 611.02 feet along the northwest side of a 20-foot road no-t less than 21 years of age. In case two lessees either original or reserve; (13) 34°04'30", 336.96 feet along same to the point of in succession marry, they shall choose the lease to be retained and beginning and containing an area of 31.60 acres. the remaining lease shall be transferred or canceled in accordance "(IV) Portion of the Hawaii Experiment Station under the con­ with the provisions of succeeding sections. trol of the Unit ed States Department of Agriculture, situate on "SEC. 208 ( 5) . The lessee shall not in any manner transfer the northeast side of Auwaiolimu Street. to, or mortgage, pledge, or otherwise hold for the benefit of, any other person or group of persons or organizations of any kind, "KEWALO-UKA, HONOLULU, OAHU except a native Hawaiian or Hawaiians, and then only upon the "Being a portion of the land of Kewalo-uka conveyed by the approval of the Commission, or agree so to transfer, mortgage, Territory of Hawaii to the United States of America by procla­ pledge, or otherwise hold, his interest in the tract. Such interest ffiations of the Acting Governor of Hawaii, Henry E. Cooper, shall not, except in pursuance of such a transfer, mortgage, or dated June 10, 1901, and August 16, 1901, and a portion of the pledge to or holding for or agreement with a native Hawaiian or United States Navy Hospital Reservation described in Presiden­ Hawaiians approved of by the Commission, or for any indebtedness tial Executive Order 1181, dated March 25, 1910. due the Commission or for taxes, or for any other indebtedness "Beginning at the west comer of this parcel of land, on the the payment of which has been assured by the Commission, be Auwaiolimu-Kewalo-uka boundary and on the northeast side of subject to attachment, levy, or sale upon court process. The lessee Auwaiolimu Street, the coordinates of said point of beginning shall not sublet his interest in the tract or improvements thereon. referred to Government survey triangulation station 'Punch­ "SEC. 208 (6). The lessee shall pay all taxes assessed upon the bowl' being 1,230.58 feet north and 2,675.06 feet east as shown tract and improvements t hereon. The Commission may in its on Government survey registered map 2985, and running discretion pay such taxes and have a lien therefor as provided by azimuths measured clockwise from true south: 1. 231 °12', by section 216 of this act. 1,248.26 feet along the land of Auwaiolimu; 2. 321 °12', 860 feet "SEc. 208 (7). The lessee shall perform such other conditions, along Hawaiian home land as described in Presidential Execu­ not in confiict with any provision of this title, as the Commis.. tive Order 5,561; 3. thence down along the middle of stream 1n sion may stipulate in the lease: Provided, hOwever, That an orig­ all of its turns and windings along the land of Kalawahine to the inal lessee shall be exempt from all taxes for the first 5 years north corner of Roosevelt IDgh School lot, the direct azimuth and from date of lease. distance being 33 °48'40", 1,112.2 feet; thence still down along "SEc. 209 (1). Upon the death of· the lessee his interest in the the middle of stream for the next seven courses along the Roose­ tract and the improvements thereon including growing crops, velt High School premises, the direct azimuths and distances either on the tract or in any collective contract or program, shall between points in middle of said stream being: 4. 23 °40', 28.9 vest and be determined in· the following manner. A lessee shall feet; 5. 8°, 115 feet; 6. 337°50', 48 feet; 7. 2°30', 60 feet; 8. 49°40', furnish the Commission, in writing, the name or names of such 52 feet; 9. 46 °06', 90.7 feet; 10. 92°43', 95.6 feet; thence 11. person or persons being a qualified native Hawaiian or Hawaiians, 83 . 38', 71.63 feet along Territorial land to the northeast side of within the limits prescribed in the following sequence of succes­ Auwaiolimu Street; 12. thence on a curve to the left with a sion, to whom he wishes his interest in the lease to be transferred radius of 1,176.28 feet along the northeast side of Auwaiolimu after his death; this designation to be subject to the approval of St reet along land described in Presidential Execut ive Order 1181, the Commission: dated March 25, 1910, the direct azimuth and distance being "1. In the widow or widower; 172 °29 '35", 164.39 feet; 13. thence continuing on a curve to the "2. If there is no widow or widower, then in the children; left with a radius of 1,176 ..28 feet along the northeast side of "3. If there are no children, then in the widows or widowers Auwaiolimu Street, the direct azimuth and distance being of the children; 160°50'48", 312.75 feet; 14. 224°53', 670.65 feet along the Quarry "4. If there are no such widows or widowers, then in the grand­ Reservation (Territory of Hawaii, owner); 15. 110°06', 239.2 feet children; along same; 16. 92 °05', 202.2 feet along same; 17. 53°20', 340.34 "5. If there are no grandchildren, then in the brothers and · feet along same; 18. 142°30', 424.68 feet along the northeast side sisters; 1937 . .CONGRESSIONAL RECORD-SENATE 4951

"6. If there are no brothers or sisters, then 1n the widows or .upon the borrower's or lessee's interest in his tract, growing Widowe..~ of the brothers and sisters; crops, either on the tract or in any collective contract or pro. "7. If there are .no such widows or widowers of the brothers gram, dwellings, or other permanent improvements thereon, and or sisters, then in the nephews and nieces. his livestock, to the amount of all annual installments due and "In the absence of such designation the Commlssion shall unpaid and of all taxes upon such tract and improvements paid choose a qualified native Hawaiian or Hawaiians in accordance by the Commission, and of all indebtedness of the lessee, the With the foregoing sequence, either individually or collectively, payment of which has been assured by the Commission. Such except that such successor or successors need not be 21 years of lien shall have priority over any other obligation for which the age. tract, said growing crops, dwellings, other improvements, or live­ "Upon the death of a lessee, or the cancelation of a lease by stock may be security. the Commission, or the surrender of a lease by the lessee, the · ''The Commission may at such times at it deems advisable en· Commission shall appraise the value of all such improvements force any such lien by declaring the borrower's interest in his tract, and said growing crops and shall pay to the legal representative or his successor's interest therein, as the case may be, together of the deceased lessee, or to the previous lessee, as the case may with the said growing crops, dwellings, and other permanent im­ be, the value thereof, less any indebtedness due the Commission, provements thereon, and the livestock, to be forfeited, the lease or for taxes, or for any other indebtedness the payment of which in respect to such tract canceled, and shall thereupon order the has been assured by the Commission, from the previous lessee. tract to be vacated and the livestock surrendered within a rea­ Such appraisal shall be made by three appraisers, one of which sonable time. The right to the use and occupancy of the Hawaiian shall be named by the Commission, one by the previous lessee home lands contained in such tract shall thereupon revest in the or the legal representative of his estate, and the third shall be Commission, and the Commission may take possession of the tract selected by the two appraisers hereinbefore mentioned. and the improvements and growing crops thereon: Provided, That "SEC. 209 (2). After the cancelation of a lease by the Com­ the Commission shall pay to the borrower any di!ference which mission 1n accordance with the provisions of sections 210 and may be due him after the ap.praisal provided for 1n paragraph (1) 216 of this title, or the surrender of a lease by a lessee, the Com­ of section 209 of this title has been made. mission is authorized to transfer the lease or to issue a new "SEC. 220. The Commission 1s herebY authorized directly to un­ lease to any qualified Hawaiian regar~ess of whether or not he .dertake and carry on general water and other development proj· 1s related in any way by blood or marriage to the previous lessee. ects in respect to Hawaiian home lands, and to undertake other "SEC. 209 (3). After the death of a lessee, a successor or suc­ ·activities having to do with the economic and social welfare of cessors as defined in section 208 of this title, shall not during the homesteaders. The legislature of the Territory is authorized a period of not less than 6 months nor more than 2 years, the to appropriate out of the treasury of the Territory such sums as exact length of such period to be fixed by the Commission, be it deems necessary to provide the Commission with funds sufficient deemed to have violated any . of the conditions enumerated in to execute such projects, to carry on its administration and main­ section 208 of this title, even though he is not a native Hawaiian tenance activities, and to accumulate a revolving loan fund of and does not during this period, on his own behalf, occupy or $1,000,000. The legislature is further authorized to issue bonds use or cultivate the tract as a home or farm in accordance With to the extent required to yield the amount of any sum so appro. the provisions of this title and the stipulations and provisions priated." contained in the lease. Be it further resolved, That copies of this concurrent resolution "SEc. 209 (4). Should any successor or successors to a tract be forwarded to _the President of the Senate of-the Congress, the be a minor or minors, the Commission may appoint a guardian Speaker of the House of Representatives of the Congress, the Sec­ therefor, subject to the approval of the court of proper jurisdic­ retary of the Interior of the United States, and the Delegate to tion. Such guardian shall be authorized to represent the suc· Congress from HawaiL - cessor or successors in all matters pertaining to the leasehold: Provided, That said guardian shall, in so representing such suc­ The VICE PRESIDENT also laid before the Senate a reso­ ~:essor or successors, comply With the provisions of this title lution adopted by the Clare County Farmers Educational and the stipulations and provisions contained in the lease. and Cooperative Union of Ameri.ca, Farwell, Mich., favoring "SEc. 215 (1). Each contract of loan with the lessee or· any successor or successors to his interest in the tract, shall be held the enactment of the so-called Massingale cost of production subject to the following conditions, whether or not stipulated bill, and the so-called Frazier-Lemke home owners' refinanc­ .in the contract of loan: The amount of loans at any one time ing, farm refinancing, and home owners' moratorium bills, to any lessee of a tract of agricultural or pastoral land shall not -which was referred to the Committee on Agriculture and exceed $3,000, and to any lessee of a residence lot, shall not ex­ ceed $1,000: Provided, That whereupon the death of a lessee or Forestry. the cancelation of a lease by the Commission or the surrender of He also laid before the Senate resolutions adopted by the a lease by the lessee, the Commission shall make the appraisal city councils of the cities of Niagara Falls, N.Y., and Cam­ and payment provided by section 209 (1), the amount of. such payment shall be considered as part or all. as the case may be, bridge, Mass., favoring the enactment of the pending low­ of any such loan without limitation as to the maximum amounts cost housing bill, which were referred to the Committee on herein specified in this section. Education and Labor. "SEc. 215 (2). The loans shall be repaid upon an amortiza· He also laid before the Senate a resolution adopted by the tion plan by means of a fixed number of annual installments sufficient to cover (a) interest on the unpaid principal at the Ocean County (N. J.) Democratic Club, Toms River, N. J., rate of 3 percent per annum, and (b) such amount of the prin· favoring the enactment of the bill (H. R. 4111) to amend cipal as will extinguish the debt within an agreed period not section 601 of the Revenue Act of 1932, as amended, to pro­ exceeding 30 years. The moneys received by the Commission from any installment paid upon such loan shall be covered into hibit the importation of egg products into the United States, the fund. The payment of any installment due shall, With the which was referred to the Committee on Finance. concurrence therein of at least three of the five members of the He also laid before the Senate resolutions adopted by the Commission, be postponed 1n whole or 1n part by the Commis­ College of Bishops and the general connectional boards of sion for such reasons as it deems good and sufficient and until such later date as it deems advisable. Such postponed payments the Colored Methodist Episcopal Church, Chicago, Dl., fa· shall continue to bear interest at the rate of 3 percent per annum voring the prompt enactment of the so-called Gavagan-Fed­ . on the unpaid principal and interest. eral antilynching bill, which were referred to the Committee "SEc. 215 (3) . In case of the borrower's death, the Commission on the Judiciary. shall permit the successor or successors to the tract to assume the ~ontract of loan subject to the provisions of paragraph (1) of He also laid before the Senate a resolution unanimously this section. In case of the cancelation of a lease by the Com­ adopted by the one hundred and third convention of the mission or the surrender of a lease by a lessee, the Commission New York City (N. YJ Federation of Women's Clubs, favor­ may, at its option, declare all annual installments upon the loan immediately due and payable or permit the successor or suc­ ing the erection of the proposed Thomas Jefferson Memorial cessors to the tract to assume the contract of loan subject to on a prominent hill on the Virginia side of the Potomac the provisions of paragraph ( 1) of this section. River, clearly visible from the Capital City, and in a style "SEc. 216. The Commission may require the borrower to insure, favored by Jefferson as expressed in his writings and archi­ in each amount as the Commission may by regulation prescribe, all livestock and dwellings and other permanent improvements tectural designs, rather than the erection of such memorial upon. his tract, purchased or constructed out of any moneys in the vicinity of the Tidal Basin in the District of Colum­ loaned from the fund; or in lieu thereof the Commission may bia, which was referred to the Committee on the Library. ·directly take out such insurance and add the cost thereof to He also laid before the Senate a resolution adopted by the ·the amount of annual installments payable under the amortiza. tlon plan. Whenever the Commission has reason to believe that convention of the illinois Federation of Business and Pro­ the borrower has violated any condition enumerated in para. fessional Women's Clubs, at Chicago, Til., protesting against graphs (2), (4) , (5), or (6) of section 215 of this title, the Com­ the enactment of legislation to enlarge the membership of mission shall give due notice and afford opportunity for a hearing was to the borrower or the successor or successors to his interest in the Supreme Court of the United states, which ordered the tract, as the case demands. If, upon such hearing, the Com­ to lie on the table. mission finds that the borrower has violated the condition, the Mr. MALONEY presented a resolution adopted by the Commission may declare all annual installments immediately due and payable, notwithstanding any provision in the contract . of Common Council of New Britain, Conn., favoring amend­ loan to the contrary. The Commission shall have a first lien ment of the Social security Act so as to include city officials LXXXI--313 4952 PONGRESSIONAL ~ECORD-SENATE MAY 24 and employees under the provisions of that act, which was 'l'HE SUPREME COUR'l' referred to the Committee on Finance. 'lb.e greatest issue before the American people since the days of Abraham Lincoln is the integrity and independence of the Supreme Mr. WALSH presented a resolution adopted by the Acush­ Court of the United States. net Republican Town Committee, in the State of Massachu­ If our country is to continue to be free and Independent, we setts, favoring the enactment of House bill 5761, to restrict must refuse to permit the President of the United States to be­ the importation of cotton, wool, and rayon manufactures come the absolute dictator of this land of the free and the home of the brave. To prevent this calamity of an absolute dictatorship from Japan for a period of 3 years, etc., which was referred arising in our country, we must refuse to permit President Roose­ to the Committee on Finance. velt to appoint six new and additional judges to the Supreme Mr. LODGE presented a memorial, numerously signed, of Court. We should fight to the death the appointment by Presi­ sundry dent Roc;>sevelt of even one new and additional judge to the citizens of the State of Massachusetts, remonstrating Supreme Court. against the enactment of the bill (S. 1270) to regulate bar­ 'lb.e term of a. Justice of the Supreme Court is for life. Only by bers in the District of Columbia, and for other purposes, death, voluntary resignation, or by impeachment will his term be which was referred to the Committee on the District of shortened. If President Roosevelt is permitted to place six new and additional judges on the Supreme Bench, no future Congress Columbia. will have the power or be able in any way to remove a single one Mr. TYDINGS presented petitions, numerously signed, of of the Supreme Court judges from the Supreme Bench. sundry citizens of the State of Maryland, favoring continu­ By appointing six new and additional Supreme Court judges, ance of the work-relief program and the appropriation of President Roosevelt would control and dictate the actions and de­ ·cisions of the Supreme Court for many years to come. If the ap­ $1,500,000,000 therefor for the ensuing fiscal year, which pointment of six new and additional Supreme Court judges did not were referred to the Committee on Appropriations. prove sufficient to control the future actions and decisions of the He also presented a petition of several citizens of Prince Supreme Court, then President Roosevelt would demand o! the United States Senate the right to appoint another bunch of six Georges County, Md., praying for the enactment of the so­ -new and additional judges. called abattoir bill, providing for the operation of a meat­ - The majority of the American people are opposed absolutely to packing plant at Benning, D. C., which was referred to the the desire of President Roosevelt to control and dictate the future Committee on the District of Columbia. actions and decisions of the Supreme Court of the United States. The American people are absolutely opposed to President Roosevelt He also presented Joint Resolution No. 3 of the Session or any future President becoming the dictator of the United States Laws of Hawaii, 1937, memorializing the Congress to amend of America. the income-tax laws so as to exempt from Federal income God rules in the affairs of men and the American Republic still taxes salaries and compensation paid to public officers and lives. Right will triumph at Washington. FRED W. MEARs. employees in the Territory of Hawaii, which was referred to SALEM, OREG., May 6, 1937. Insular the Committee on Territories and Affairs. REPORTS OF COMMITTEES thereon. 1937 ·coNGRESSIONAL RECORD-SENATE 4953 Mr. NYE, from the Committee on Military Affairs, to which S. 1124. An act to authorize. the. Director-of the Census to was referred the bill (S. 1850) to provide for the appointment collect and publish statistics of red-cedar shingles; of James W. Grose as a sergeant, first class

RETIREMENT PAY OF WORLD WAR OFFICERS The legislative clerk read as follows:· The Senate proceeded to consider the bill ility for those labor conditions with which the State may McKenna agreed. A majority of the Supreme Court, how­ effectively deal without fear of unneighborly competition ever, decided 5 to 4 against Mr. Justice Holmes and laid down from sister States. The proposed Federal legislation should a rule of constitutional law which has ever since driven into be a stimulus and not a hindrance to State action. impractical distinctions and subterfuges all attempts to as­ As we move resolutely to extend the frontiers of social sert the fundamental power of the National Government over progress, we must be guided by practical reason and not by interstate commerce. barren formulae. We must ever bear in mind that our ob­ But although Mr. Justice Holmes spoke for a minority of jective is to improve and not to impair the standard of liv­ the Supreme Court, he spoke for a majority of the American ing of those who are now undernourished, poorly clad, and people. ill housed. One of the primary purposes of the formation of our Fed­ We know that overwork and underpay do not increase the eral Union was to do away with the trade barriers between national income when a large portion of our workers remain the States. To the Congress, and not to the states, was unemployed. Reasonable and flexible use of the Iong-es-_ given the power to regulate commerce among the several tablished right of Government to set and to change working States. Congress cannot interfere in local affairs, but when hours can, I hope, decrease unemployment in those groups in goods pass through the channels of commerce from one which unemployment today ptincipally exists. State to another they become subject to the power of the Our problem is to work out in practice those labor stand­ Congress, and the Congress may exercise that power to ards which will permit the maximum but prudent employ­ recognize and protect the fundamental interests of free ment of our human resources to bring within the reach of labor. the average man and woman a. maximum of goods and of And so to protect the fundamental interests of free labor services conducive to the fulfillment of the promise of Amer­ and a free people we propose that only goods which have ican life. been produced under conditions which meet the minimum Legislation can, I hope, be passed at this session of the standards of free labor shall be admitted to interstate com­ Congress further to help those who toil in factory and on merce. Goods produced under conditions which do not farm. We have promised it. We cannot stand still. meet rudimentary standards of decency should be regarded FRANKLIN D. ROOSEVELT. as contraband and ought not to. be allowed to pollute the Tm: WHITE HOUSE, May 24, 1937. channels of interstate trade. These rudimentary standards will of necessity at the start Mr. BYRNES. I ask that the message of the President of fall far short of the ideal. Even in the treatment of na­ the United States be referred to the Committee on Educa­ tional problems there are geographical and industrial diver­ tion and Labor and that it also be printed as a document. sities which practical statesmanship cannot wholly ignore. The PRESIDENT pro tempore. Without objection, it is Backward labor conditions and relatively progressive labor so ordered. conditions cannot be completely assimilated and made uni­ Mr. BLACK. Mr. President, I ask consent to introduce a form at one fell swoop without creating economic disloca­ bill and request that it be referred to the Committee on tions. Education and Labor. . Practical exigencies suggest the wisdom of distinguishing Mr. McNARY. Mr. President, may I ask th~ Senator is labor conditions which are clearly oppressive from those that bill intended to carry out the suggestions made by the which are not as fair or as reasonable as they should be President in his message to the Congress? under circumstances prevailing in particular industries. Mr. BLACK. It is. Most fair labor standards as a practical matter require some The PRESIDENT pro tempore. Without objection, the differentiation between different industries and localities. bill introduced by the Senator from Alabama will be received But there are a few rudimentary standards of which we and referred as requested. may properly ask general and widespread observance. Fail­ The bill (S. 2475) to provide for the establishment of fair ure to observe them must be regarded as socially and eco­ labor standards in employments in and affecting interstate nomically oppressive and unwarranted under almost any commerce, and for other purposes, was read twice by its title circumstance. and referred to the Committee on Education and Labor. Allowing for a few exceptional trades and permitting FRED G. CLARK CO. longer hours on the payment of time and a half for_over~ . The PRESIDENT pro tempore. The clerk will state the time, it should not be difficult to define a general maximum next business in order on the calendar. working week. Allowing for appropriate qualifications and · The Se112.te proceeded to consider the bill (S. 51) for the general classifications by administrative action, it should relief of Fred G. Clark Co., which had been reported from also be possible to put some floor below which the wage the Committee on Claims with an amendment at the end of ought not to fall. There should be no difficulty in ruling the bill to add a proviso, so as to make the bill read: out the products of the labor of children from any fair Be it enacted, etc., That the Secretary of the Treasury be, and market. And there should also be little dispute when it he is hereby, authorized and directed to pay, out of any money in comes to ruling out of the interstate markets products of the Treasury not otherwise appropriated, to the Fred G. Clark eo. the sum of $7,586.61, being the amount agreed upon in accord­ employers who deny to their workers the right of self­ ance with the decision of the Board of Contract Adjustment, War organization and collective bargaining, whether through the Department, in full settlement for losses suffered by reason of fear of labor spies, the bait of company unions, or the use forced compliance by said company with orders of the War In­ dustries Board preventing said company from disposing of its stock of strikebreakers. The abuses disclosed by the investiga­ of wool grease during the late war with Germany: Provided, That tions of the Senate must be promptly curbed. no part of the amount appropriated in this act in excess of 10 4962 CONGRESSIONAL RECORD-SENATE M~Y 24 percent thereof shall be paid or delivered to· or received by any 1ngs and activities for the preceding calendar year, including the agent or attorney on account of services rendered in connection full and complete statement of its receipts and expenditures. SUch with this chim, and the same shall be unlawful, any contract to reports shall not be printed as public documents. the contrary notwithstanding. Any person violating the provi­ SEc. 6. That the right to alter, amend, or repeal this act at any sions of this act shall be deemed guilty of a misdemeanor and time is hereby expressly reserved. upon conviction thereof shall be fined in any sum not exceeding $_1.000. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, The amendment was agreed to. read the third time, and passed. The bill was ordered to be engrossed for a third reading, read the third time, and passed. OBLIGATION OF FUNDS FOR WORK AT GOVERMENT-OWNED ES'l'ABLISHMEmS ROBERT B. ROLFE The bill for the hearings heretofore, after which the amendment was re- relief of L. L. Stokes, which had been reported from the ported to the Senate but voted out of the bill. Committee on Claims with an amendment, in line 3, after the . Mr. BULKLEY. 1 am advised that there is new matter word "the", to strike out "Postmaster General" and insert "Comptroller General of the United State's", so as to make that could be brought up in the hearings. Mr. SMITH. New matter? the bill read: Mr. BULKLEY. Yes; I am so advised. Be it enacted, etc., That the Comptroller General of the United . Mr. POPE. Mr. President, if the Senator from Ohio will states be, and he is hereby, authorized and directed to credit the yield, may I inquire of him to what amendment does he account of L. L. Stokes, former postmaster at Mountainburg, Ark., in the sum of $118.56, due the United States on account of refer? public funds lost in the burglary of the post office on November Mr. BULKLEY. To. the so-called Bone amendment. 12• 1917. Mr. POPE. With what does it have to do? The amendment was agreed to. Mr. BULKLEY. It relates to canned goods. The bill was ordered to be engrossed for a third reading, Mr. SMITH. That is known as the fruit and vegetable read the third time, and passed. amendment, ·which was put in by the committee. I will DEPENDENTS oF w. R. DYESS admit that it was done after very casual consideration, but the committee voted it in, and I had hoped that when The bill (S. 1873) for the relief of the dependents of the bill came up the amendment could be discussed on the W. R. Dyess was considered, ordered to be engrossed for a :floor and disposed of without the necessity of having the third reading, read the third time, and passed, as follows: bill recommitted. Of course, if a motion is made to that Be it e1ULCted, etc., That the United States Employees' Com- effect, I shall not interfere with it, but I think "time is of pensation Commission be, and it is hereby, authorized and di- the essence'! in-this matter; and if we could have a vote on rected to extend to the dependents of the late W. R. Dyess, who was fatally injured in an airplane accident on January 14, .1936, the amendment now, it would greatly expedite the· pro- while in the performance of his official duties as State admini- cedure. strator for the Works Progress Administration, the benefits of the . Mr. McGILL. Mr. President, will the Senator yield? United States Employees' Compensation Act approved September 7, 1916, as amended, and to pay funeral and burial expenses in Mr. BULKLEY. I yield. accordance with· the provisions of section 11 of the said act.· , · · • Mr. McGILL. I wish. to call to mind-I know it is not omo RIVER BRIDGE, INDIANA AND KENTUCKY necessary in the ·case of the chairman of the committee, but · the Senator from Ohio may not be familiar with it-that in The bill (H. R. 4550) to extend the times for commencing 1935, when this very provision was in the bill, detailed hear- . and completing the construction of a bridge ac.ross the Ohio ings, lasting some 8 or 9 days, were held by the senate com- . River between Rockport, Ind., and Owensboro, Ky ·• was. mittee. and some 50 or 60 pages of those hearings were considered, ordered to a ·third reading, read 'the third time, devoted. to this very proposal. and passed. '·· · I can see no good-reason why the bill should be recom- BRIDGES ACROSS CHICAGO RIVER AND MICHIGAN CANAL, p.L., mitted to the committee solely for the purpose of hearings, The bill (H. R. 5595) to extend the time for cbmpleting for those interested have had ample opportunity to present the construction of two bridges, one ac:t:oss~ part of" ~ke their contentions to the committee. Michigan at or near the entrance to the ·Chicago River, ru., Mr. PEPPER. Mr. President, will the Senator yield? and the other across the Michigan Canal, or Og~en Slip, in·, The PRESIDENT pro tempore. Does the Senator from city of Chicago, Til., was considereq.,,,ordered to ~tJ;lird read- . Ohio.yield to the Senator from Florida? ing, read the third time, ang P.~ssed. · · ··- · ·. • ' :: ~:~· M~:;~~~k the Senator from South Caro- AGRIC~TURAL \ ~TING AG~E~~ lina if this is not what is known as the Bone amendment? The bill (H. R. 5722) to reenact and amend provisions of Mr. SMITH. I do not know absolutely as to that, but it is the Agricultural Adjustment Act, as amended, relating to known as the fruit and vegetable amendment. marketing agreements and orders, was announced ·as next Mr. PEPPER. That is what I am interested in. May I in order. further ask the Senator does he intend to have this measure Mr. BULKLEY. Mr. President, 11 am in favor of this bill, disposed of in the absence of .the Senator from Washington? but an amendment has been proposed by the Committee on · Mr. SMITH. So far as I, as chairman of the committee, Agriculture to which some of my. constituents are opposed, am concerned, it seems to me that if there is any new matter and they have asked for hearings. I appeal to the chairman which it is desired to discuss, that would be persuasive; but, of the committee to consent that the bill be recommitted as the Senator from Kansas [Mr. McGn.L] has just said, for the purpose of having hearings. exhaustive hearings were held, and then the amendment was Mr. SMITH. Mr. President, the Senator will recall that incorporated in the bill, although when it came to the :floor the very same amendment at two separate times had full of the Senate the amendment was rejected. hearings and was incorporated in the bill but went out on Mr. McNARY. Mr. President-- a vote in the Senate~ I had hoped that, perhaps, there The PRESIDENT pro tempore. Does the Senator from might be a vote taken on the amendment reported by the Ohio yield to the Senator from Oregon? committee, as it seems to be the only controversial question Mr. BULKLEY. I yield. in the bill. A good many have approached me about recom- Mr. McNARY. Mr. President, the amendment referred to mitting the bill and holding hearings. I wish to state to the ic; known as the Bone amendment; there can be no mistake Senator from Ohio that, so far as I am. individually con- abQut that. . cerned, I feel that those who are in earnest about this mat.: Mr. SMITH. Yes; I think that is so. 4964 CONGRESSIONAL RECORD-SENATE MAY 24 Mr. McNARY. In the absence of the Senator from Wash­ be fair. I think the Senate understands the situation suffi­ ington [Mr. BoNE] it was proposed in the committee by his ciently to vote up or vote down the fruit and vegetable colleague, the junior Senator from Washington [Mr. ScHWEL­ provision. LENBACH]. The amendment includes in t..llls bill, which is di­ Mr. BULKLEY. Mr. President, my constituents had assur­ rected to improve the conditions of the dairy industry canned ance that they would have an opportunity to be heard on the goods by including them in marketing agreements as pro­ matter, and I do not feel they_should be foreclosed. How­ vided in the A. A. A. Act. which was held unconstitutional ever, though the Senator feels it would expedite the matter to by the Supreme Court. The bill as introdUced provided only take the action he has suggested, I think it would be better if for milk to come within its: provisions. When the bill came the Senate should not now proceed to the consideration of up for consideration a meeting was called for another pur­ the bill, and then in the next few days we will see what we pose; this amendment was offered, and without debate or can do about it. I object to the present consideration of consideration was incorporated in the bill. the bill. When the original A. A. A. bill was under consideration Mr. MOORE. Mr. President, New Jersey has been in the before- the Senate Committee on Agriculture and Forestry in same situation with reference to the milk question. For 1933 vegetable prodUcers objected to the inclusion of canned months conditions have been serious for the milk producers, goods in that measure, and canned goods were not included. and Congress should do something to save the situation. This They are still objecting, I am informed, to the inclusion of is a matter of great importance to us. The milk producers canned goods. are in urgent need of remedial legislation. It seems to me I have had from my State, Oregon, a number of telegrams very important that the bill, so far as these interests are from cooperative growers who opposed canned goods com­ concerned, should be passed promptly. ing within the provisions of the act, and I think, in all fair­ Mr. PEPPER. · Mr. President, I desire to ask the Senator ness, they should have an opportunity to be heard-. If the from South Carolina rMr. SMITH] a question. I think the bill is not recommitted to the Committee on Agriculture and cause of the disturbance is the feeling most of us have that Forestry, I will ask that it go over at this time. the canners in our States are not in favor of the Bone amendment. I am in favor of the bill. Is the Senator, as Mr. AUSTIN. Mr. President, will the Senator yteld for a chairman of the committee, disposed to press for passage of statement in regard to this matter? the bill, including the Bone amendment? Mr. McNARY. I yield to the Senator, who, I know, is very Mr. SMITH. No. I may state to the Senator from Florida, much interested in the provision as applied to the dairy in view of the action of the Senate committee after deliberate industry. and extensive hearings, the bill was voted out of the Com­ Mr. AUSTIN. Mr. President, if there should not be a very mittee on Agriculture and Forestry. If the Senator from urgent reason for this bill going over, I should like to ask the Ohio [Mr. BuLKLEY] is agreeable, I, as chairman of the com­ Senate for an opportnn:ity to elicit some evidence of the mittee, will mo~e to strike out the amendment and let it go critical situation in the northeastern section of the United to a vote. States which calls for action on this bill. I will not, however, Mr. PEPPER. That would be satisfactory to me. detain the Senate by doing more than to read a telegram I Mr. McGilL. Mr. President, before a vote is had there received this morning, which, I will say, is only one of a should be a quorum call. The Senator from Washington great many communications I have received from citizens of [Mr. SCHWELLENBACH] is not on the· floor at the moment. As Vermont upon this subject. This particular telegram comes he offered the amendment and, of course, is interested in it, from the Govemor of the State and is, perhaps, entitled to I think there should be a quorum call before a vote is taken weight on that account. It reads as follows: on the amendment. Passage of marketing-agreement amendment apparently only Mr. SMITH. If the Senator from Ohio will withdraw his hope for 15,000 Vermont dairymen. Situation critlcal a.nd haste objection, I shoti.Id like to follow the procedure which I have needed. just indicated. I fully realize the condition in which the milk GEORGE AIKEN, Governor. producers find themselves. I have had similar communications from the commissioner Mr. BULKLEY. I do not want to be in the position of pre­ of agriculture and from the heads of various cooperatives and venting the passage of the bill. In view of the Senator's of various agricultural associations and societies in the State. assurance and wishes, I withdraw my objection. It has been represented to me that in all the depression The PRESIDENT pro tempore. Is there objection to the there has never been such a chaotic condition among the present consideration of the bill? producers of milk in that section of the United States as Mr. FRAZIER. Mr. ~resident, the bill was reported from there is today. From sources upon which I rely I am the committee in my absence the other day. I was present informed that unless relief is provided to stabilize the market, at the hearings of the farm bureau group, but had an promptly forthwith some of our best producers will be driven appointment in the city and had to leave. When I returned out of business. I found that the bill had been ordered reported. ·Unless there is a real cause for delay in the matter I think A dairy farmer from Maryland was in my office afterward the affirmative urgency of the situation calls for prompt and complained very bitterly about the milk provision and action by the Congress. It is true that the interest which. thought there ought to be an amendment. He said he now arises for debate is well represented and set forth in that wanted to work out an amendment. He has not yet brought part of the hearings. which begin at page 149 of the hearings it to my office, but I expect to hear from him today or to- on S. 1807, March 7 to 16, 1935, both inclusive. If those ' morrow. I should like to have ~ bill gcr over until the hearings cover the principle, I think the Senate ought to next call of the calendar so that I may have an opportunity consider it upon the request for delay and ought to proceed, , to see what his amendment may be. He claims the bill is as early as convenient to the consideration of the bill. against the best interests of the independent dairymen. Mr. SMITH. Mr. President, why would it not expedite the Therefore, Mr. President, I ask that the bill go over. The PRESIDENT pro tempore. The bill will be passed matter for the Senate now to take action on this one amend­ ment? As I understand, nearly all Senators with whom I over. Mr. I have had any conversation in reference to the matter are' VANDENBERG. call for the regular order. agreeable to the provisions of the bill except the fruit and LTI.LIAN J. GLINN vegetable provision. As the Senator from Oregon [Mr. The PRESIDENT pro tempore. The Clerk will state the McNARY] said, the amendment was brought up in the com­ next bill in order on the calendar. · mittee and adopted casually to await the action of the Senate. The bill (S. 'l27) validating homestead entry, Billings Now for it to occasion such delay as would be necessary to 029004, of Lillian J. Glinn was considered, ordered to be bring the witnesses here and have them testify and cover the engrossed for a third reading, read the third time, and same ground they did before it seems to me would not passed, as follows: 1937 CONGRESSIONAL RECORD-SENATE 4965 Be it . enacted, etc., That the stock-raising homestead entry, Commodities procured by A. A. A. and donated by Federal Surpl'ZU Billings 029004, made by Lillian J. Gllnn on June 28, 1927, as Commodities Corporation, Jan. 1, 1936, through Apr. 30, 1937 amended, for all of section 32, township 7 south, range 54 east, COMMODITY AND STATES OF PURCHASE Montana principal meridian, is hereby validated, and the Secre­ tary of the Interior is hereby authorized to accept the final proof Apples: California, Connecticut, Idaho, Dlinois, Indi­ submitted by the entrywoman, now Llllian J. Castleberry, in ana, Maryland, Massachusetts, Michigan, Missouri, support of said homestead entry on December 20, 1934, and to New Hampshire, New Jersey, New York, Ohio, Ore- issue patent for the entry in regular course. gon, Pennsylvania, Virginia, Washington, West Vir- Quantity ginia -----,------bushels__ 1, 372,275 FEDERAL SURPLUS COMMODITIES CORPORATION Beans {dried): Califor:nia, Michigan, Mississippi _ pounds__ 2, 400,000 The Senate proceeded to consider the bill (S. 2439) to ex­ Cabbage: Alabama, Louisiana, New York. ______do____ 8, 751,931 tend the time for purchase and distribution of surplus agri­ Carrots: New York______do____ 2, 637, 900 cultural commodities for relief purposes and to continue the Cauliflower: Colorado, Oregon______crates__ 18, 670 Federal Surplus Commodities Corporation, which was read, Grapefruit: Arizona, California, Florida, Texas boxes__ 2,155,428 as follows: Grapefruit juice: Florida, Texas______cases__ 715, 070 Be it enacted, etc., That in carrying out the provisions of clau..c:e Onions: California, Colorado, Idaho·, ·Massachusetts, (2) of section 32 of the act· approved August 24, 1935 (49 Stat. Michigan, New York, Ohio, Oregon, Texas, Utah, 774), as amended, the Secretary of Agriculture may transfer to Washington______pounds__ 35, 573, 637 the Federal ·surplus Commodities Corporation, which Corporation Oranges: California, Florida ______boxes__ 198,312 is hereby continued, until June 30, 1939, as an agency of the Peas (dried): Idaho, Washington______pounds__ 13,501,765 United States under the direction of the Secretary of ·Agriculture, Peaches (dried): California ______do____ 2, 940,000 such funds, appropriated by said section 32, as may be necessary Pears: California, Washington ______boxes__ 234, 682 for the purpose of effectuating said clause (2) of section 32: Prunes: California, Idaho, Oregon, Washington Provided, That such transferred funds, together with other funds pounds __ 60,572,200 of the Corporation, may be used for purchasing, exchanging, proc· Sirup: Alabama, Florida, Georgia, Louisiana__ gallons__ 263,068 essing, distributing, disposing, transporting, storing, and handling . Butter: illinois, Massachusetts, New York, Oregon. of agricultural commodities and products _ther:eof and inspection From all tributary producing areas ______pounds__ 3, 343, 420 costs, commissions, and other incidental costs and expenses, with­ Cheese: Missouri, New Jersey, Oregon, Wisconsin. out regard to the provisions of existing law governing the expendi­ From tributary producing areas ______pounds__ 932, 038 ture of public funds and for administrative expenses, including Eggs: Arkansas, California, Connecticut, Florida, illi­ rent, printing and binding, and the employment of persons and nois, Indiana, Maryland, Massachusetts, Michigan, means, in the District of Columbia and elsewhere, such employ­ Missouri, Nebraska, New Hampshire, New York, ment of persons to be in accordance with the provisionS of law Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Washington, District of applicable to the employment of persons by the Agricultural Ad· Columbia ______cases__ 306,469 justment Administration. In carrying out clause (2) of section 32, the funds appropri­ Milk (dry skim): California, Idaho, Illinois, Kansas, ated by said section may be used for the purchase, without regard Maryland, Michigan, Minnesota, Nebraska, New York. . to the provisions of existing law governing the expenditure of pub· - Ohio, Oregon, Pennsylvania, Tennessee, Utah, Ver- lie funds of agricultural commodities and products thereof, and mont, Washl~on, Wisconsin ______pounds __ ·16,477,513 such commodities, as well as· agricultural commodities and prod­ Milk (evaporated): California, illinois, Indiana, Mary- ucts thereof purchased under the preceding paragraph hereof, , land, Michigan, Missouri, New York, Ohio, Penrisyl- may_be donated f?r :relief purposes. vania, Washington, Wisconsin ______~ ___ cases__ 509, 800 Wheat (for flour and mill feed): Idaho, Indiana, Ken· Mr. McNARY. Mr. President, I think the able Senator . tucky, New York, Ohio, Oregon, Washington_ bushels_ . 3, 041,824 from Idaho [Mr. PoPEl should explain the provisions of the Cattle and calves {for dressed beef and veal): Colorado, illinois, Indiana, Iowa, Kansas, Minnesota, Misso~ bill. Montana, Nebraska, North Dakota, Oklahoma, South Mr. POPE. Mr. President, the purpose of the bill is to ex­ Dakota, Texas, Wisconsin. and Wyoming _____ head__ 8, 633 tend the provisions of the Federal Surplus Commodities Cotton (raw, bale): Alabama, Arkansas, California,. Corporation Act. I think most Senators are familiar with Florida, Georgia, Louisiana, Massachusetts, Missis­ sippi, New Jersey, New York, North Carolina, South· the work of that Corporation during the last 2 years. In Carolina, Tennessee, Texas ______bales__ 50, 000 this connection I ask to· have inserted in the RECORD a. Cotton ticking: Alabama, Georgia, and Louisi- rather complete statement of the commodities which have ana ______yards__ 4,746,45~ Cotton fabric: Georgia-and-North Carolina ______do__ 2. 870,534 been handled and the States where they have been pur- . Cotton mats: Connecticut and Texas______pieces__ 89,535 chased and turned over to relief organizations. Cotton-miscellaneous products: District ot Colum· A question was raised in the hearings before the Com­ bia~------Yards__ 2,000 mittee on Agriculture and Forestry recently with reference . Surplus commodities procured by Agricultural Adjustment Ad­ to the effect this might have upon imports of commodities ministration .jar donation to relief agencies, fiscal year 1936 such as butter and cheese. In the first place, the com­ . . · Quantity Apples (fresh) ---:------bushels__ 1, 372, 275 modities which have been handled are ·considerable in· Iium- _ Beans_ (dried) _:______.:_ ___ :__: __:_.:______pounds__ 1, 200, 000 her, including apples, beans, cabbage, carrots, cauliflower, _ Cabbage------dO--· 8,751,931 butter, cheese, and a great many others. I have a state­ Carrots------do__ 2,637,900 ment showing the months in which the purchases were Grapefruit------boxes__ 31,480 made and also the imports of the commodities during the OrangesOnions ------______·~ ------Pounds boxes__ __ 32, 425,198,312 600 same months. Peas (dlied) ------Pounds __ 7,502,295 The administrators of the act claim that it has no effect PrunesEggs ______(dried) ------do cases____ 17, 632,42531,47a upon imports at all; that the purchases are always made vr.heat (for flour)------bushels __ 3,027,643 when the price of the commodities is very low, due to a Cotton (raw bales for mattresses) ______bales__ 50, 000 surplus of the commodities in a given State or community; Cotton ticking ______yards__ 4,750,076 that since the price is very low it has no effect upon im­ Butter------~:------POUnds__ 9, 207, 175 ports. The table which I have asked to have made a part (nleese------~ ------do __ 1,074, 031 Milk (dry skim) ------do__ 8, 791, 034 of my remarks shows that during the very months when Milk (evaporated) ______cases 48 t an__ 358,400 Sugar______pounds __ 2,500,000 the greatest purchases were made there were very small imports, for the very reason,· as I have said, that the price Surplus commodities procured by Agricultural Adjustment Admin- was so low imports did not come in. istT'ation for donation to relief agencies, fiscal year 1937, to May 15, 1937 Mr. McNARY. I have no objection. Quantity Mr. POPE. It seems to me very important that the bill Beans ______;______. ______pounds__ 1, 200, 000 be passed in order that the Jones-Connally Act and others CirapefruutCauliflower ______------cra boxestes__ __ 2,12378,, 670948 may be extended. Grapefruit juice ______cases__ 715, 070 I ask permission to have printed ·in the RECORD the state­ Onions------Pounds__ 3,148,037 ment to which I refer. Peas (dried)------do____ 5, 999,470 to· Peaches (dried) ------do____ 2, 940, 000 There being no objection, the statement was ordered be Pears ------boxes__ 234, 682 printed in the RECORD, as follows: Prunes ------Pounds__ 42, 939, 775 4966 CONGRESSIONAL RECORD-SENATE MAY 24 Surplus commodities procured by Agricultural Adjustment Admin­ Be it enacted, etc., That the Secretary of the Interior ts hereby istration for donation to relief agencies, fiscal year 1937, to May authorized to acquire, by purchase when purchaseable at prices 15, 1937-continued deemed by him ~easonable, otherwise by condemnation turrder Quantity the provisions of the act of August 1, 1888, on behalf of the SirUP------gallons__ 263,068 United States tulder any fund or moneys available for such pur­ Butter------POtulds__ 392,117 pose, except from the general fund of the Treasury, any of the Eggs ------cases__ 274, 997 following-described lands in the State of California now in pri­ ]dllk (dry skbn)------POtulds__ 12,881,850 vate ownership, to wit: Section 25, lots 3, 4, 5, 8, and 9, section ~k (evaporated)------cases__ 368,200 34, northeast quarter, southeast quarter, northwest quarter, lots Wheat (for flour and mill feed) ______bushels__ 14, 181 1 to 10, inclusive, section 35, section 36, township 1 south, range Cattle and calves (for dressed beef and veal) ____ head__ 3, 663 19 east; southeast quarter northwest quarter, east half south­ west quarter, southeast quarter, lots 2, 3, and 4, section 30, Government purchases of butter and cheese, United States im- section 31, township 1 south, range 20 east; sections 1, 2, and ports, ana varia.tion from month to month in imports January 3, east half section 10, sections 11 and 12, north half section 14, 1935 to February 1937 northeast quarter section 15, township 2 south, range 19 east; southeast quarter northwest quarter, east half southwest quar­ Butter Cheese ter, lots 3 to 7, inclusive, section 6, township 2 south, range 20 east, Mount Diablo meridian. SEC. 2. When title to the aforesaid privately owned lands has Each Each been vested in the United States, all of the lands described 1n month's Pur- Year and month month's section 1 hereof shall be added to and }?ecome a part of the Purchases Imports imports chas~ Imports imports Yosemite National Park and shall be subject to all laws and by Gov- by United as per­ by by United as per­ regulations applicable thereto: Provided, That nothing 1n this emment Sta~ cent of Govern- Sta~ cent of total for ment total for act shall be construed to affect any valid existing rights. year year SEc. 3. The provisions of the act approved June 10, 1920, as amended. known as the Federal Water Power Act, shall not apply to any of the lands added tQ the Yosemite National Park pur­ 1935 suant to the provisions of this act. Pounds Pounds Perctfl.t Pounds Pounds Percent January------539,000 2.4 3, 575,000 7.3 The amendment was agreed to. February------3, 070,000 13.5 4. 084,000 8.3 March ______------4. 929,000 21.7 4,220,000 8.6 The bill was ordered to be engrossed for a third reading, ApriL ______------8, 860,000 39.1 4, 455,000 9.1 read the third time, and passed. May------2,665,000 11.8 3, 735,000 7.6 June______7fdl, 654 1,437,000 6.3 3,836,000 7.8 . Mr. McCARRAN subsequently said: Mr. President, inad­ July------3, 493,770 177,000 .8 2, 832,000 5.8 vertently Calendar No. 583, being Senate bill 1791, was August. ______------149,000 • 7 3, 64.7, 000 7. 5 September______1, 593,572 122,000 .5 3,632,000 7.4 passed without my noticing it. I ask that the Senate return October ______1, 111,619 108,000 .5 141,993 6, 015,000 12.3 to the bill for the purpose of asking a reconsideration, and November______56,911 '%17,000 1.2 5,880,000 12.1 December------341,000 1. 5 3, 022,000 6.2 then that it may go over. Total. ______Mr. BYRNES. Mr. President, I did not understand that 7,053, 526 22,674,000 100.0 191, fdl5 48,933,000 100.0 the bill had been passed. 1936 Mr. McCARRAN. I understand that it was passed with­ January.------February______------860,000 8. 7 3,240,000 5. 4 ------2, l!H,OOO 22.2 3,794, 000 6.3 out objection. March ..•• ------6'%1,207 5n,ooo 5.8 5,693, 000 9.5 Mr. BYRNES. When the bill was called on the calendar, ApriL ______661,000 6. 7 4. 217,000 7.0 999,683 in JuneMay------·----______1, 324,413 224,000 2.3 630,379 a, 152,000 5.3 I rose to make an inquiry of the Senator charge of the ------168,000 17 301,660 4, 257,000 7.1 bill. July------August. ______------308,000 3.1 5, 463,000 9.1 ------1,182,000 12.0 6,452,000 10.8 Mr. McCARRAN. I understand; but I also understand September.------539,000 5.5 5, 796, ()()() 9. 7 that the bill passed. I now ask that that action be recon­ October------648,000 6.6 5, 675,000 9. 5 November______------1, 361,000 13.8 5, 881, ()()() 9.8 sidered, because I understood the Senator from South December.------1,155,000 11.6 6,229,000 10.5 Carolina to ask that an explanation be given, and I was TotaL. ______2, 951,303 9,874, 000 100.0 932,039 59,849,000 100.0 about to ask that the bill go over; and I now ask that it go over. 1937 5,022,000 The PRESIDENT pro tempore. 'Ib.e Chair will state the . January.------February______------2, 300,000 ------33,692 2, 915,000 ------4, 697,000 parliamentary situation. The Senator from Nevada asks unanimous consent that the votes by which Senate bill 1791 The PRESIDENT pro tempore: ·The question is on the was ordered to be engrossed for a third reading and passed engrossment and third reading of the bill. be reconsidered, and that the bill go over. Is there ob­ The bill was ordered to be engrossed for a third reading, jection? read the third time, and passed. Mr. McADOO. Mr. President, I hope the Senator will Mr. LEWIS. Mr. President"' at this point in the proceed­ withdraw his objection. Did the Senator object to the con­ ings of the Senate I -desire to address myself for 1 or 2 sideration of the bill? moments to a matter contained in the President's message Mr. McCARRAN. I am going to object when it comes sent to the Congress this morning. up. The bill passed without my knowing it. Mr. McNARY. Mr. President, I always enjoy being par­ Mr. McADOO. I am sorry for that; but, Mr. President, ticularly courteous to the Senat"Or from .Illinois, as he well this measure is quite important to my State of California, knows, but I suggest that we fin]sh the call of the calendar, be.cause it is the intention of the logging companies to begin which we are proceeding 1o do under the unanimous-consent cutting the timber on this tract of 7.000 acres of land ad­ agreement, and then we shall all be very happy to listen to joining the Yosemite National Park just as quickly as the the able Senator from Dlinois. snow permits them to go upon the ground. That time is Mr. LEWIS. Very well. I do-not wish to interfere with rapidly approaching, and it is important to have this bill the program, of course. I shall ask unanimous consent to promptly enacted, if it is to be enacted at all. proceed at the conclusion of the call of the calendar to a If the bill is to be considered, I shall be glad to discuss brief discussion of the President's message in its application it and explain it to the Senate. to certain subjects therein referred to which are very im­ The PRESIDENT pro tempore. The parliamentary situa­ portant to this body. tion is that the Senator from Nevada [Mr. McCARRAN] asks YOSEMITE NATIONAL PARK unanimous consent to reconsider the votes by which the bill was ordered to be engrossed for a third reading and The Senate proceeded to consider the bill (S. 1191> to pro­ passed. Is there objection? The Chair hears none, and vide for the acquisition of certain lands for and the addi­ the bill is before the Senate for consideration. tion thereof to the Yosemite National Park, in the State of The Senator from Nevada now objects to the considera­ California, and for other purposes, which had been reported tion oi the bill, and it will be passed over. from the Committee on Public Lands and Surveys with an amendment, on page .2~ line 1. After the word "quarter", to HOT SPRINGS NATIONAL PARK, ARK. insert "southeast quarter, northwest quarter", so as to make The bill (H. R. 4655) to accept the cession by the State the bill read: of Arkansas of jurisdiction over all lands now or hereafter 1937 CONGRESSIONAL RECORD-SENATE 4967. included within the Hot Springs National Park, Arli., and Corps"; and in line 8, before the words " in full", to strike out for other purposes, was considered, ordered to a third read­ "$8.211" and ·msert "$5,ooo••, so as to make the bill read: ing, read the third time, and passed, as follows: Be tt enacted, e.tc., That the Secretary of the Treasury be, and he Be it enacted, etc., That the provisions of an act of the Legis­ 1s hereby, authorized and directed to pay, out of any money 1n the lature of the State of Arkansas, approved March 25, 1933 (no. 166), Treasury allocated by the President for the maintenance and opera­ ceding to the United States jurisdiction over an lands now or tion of the Civilian Conservation Corps, to Elbert Arnold Jarrell the hereafter included within the Hot Springs National Park, are sum of $5,000 in full settlement of' all claims against the United hereby accepted, and the provisions of the act approved April 20, States for damages suffered by reason of being struck and seriously 1904 (33 Stat. 187), as amended by the acts of March 2, 1907 (34 injured by a Government truck which was driven by an emollee of Stat. 1218), and March 3, 1911 (36 Stat. 1086), relating to the Hot the Civillan Conservation Corps, on March 16, 1934, near Friend­ Springs Mountain Reservation, Ark., are hereby extended. to all ship, Ohio, which has resulted in his being unable to provide for lands now or hereafter included within said park. himself, his wife, and his six children: Provided, That no part of the amount appropriated 1n this act in excess of 10 percent thereof R. N. TEAGUE AND MINNIE TEAGUE shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the The Senate proceeded to consider the bill (H. R. 2630) for same shall be unlawful, any contract to the contrary notwith­ the relief of R. N. Teague and Minnie Teague, which had standing. Any person violating the provisions of this act shall be been reported from the Committee on Claims with an deemed guilty of a misdemeanor and upon conviction thereof shall be fined 1n any sum not exceeding $1,000. amendment, oii page 1, line 5, after the word "Treasury", to strike out "not otherwise appropriated" and insert "allo­ The amendments were agreed to. cated by the President for the maintenance and operation The amendments were ordered to be engrossed and the bill of the Civilian Conservation Corps'', so as to make the bill to be read a third time. read: The bill was read the third time and passed. Be it enacted, etc., That the Secretary of the Treasury be, and WILLIAM :RANDOLPH CASON he is hereby, authorized and directed to pay, out of any money in the Treasury allocated by the President for the maintenance The bill (H. R. 3268) for the relief of William Randolph and operation of the Civilian Conservation Corps, toR. N. Teague, Cason was considered, ordered to a third reading, read the Lambert, Miss., the sum of $1,000, and to Minnie Teague, Lam­ third time, and passed. bert, Miss., the sum of $750. The payment of such sums shall be in full settlement of all claims against the United. States GREAT NORTHERN RAILWAY CO. for damages and injuries sustained by them when the vehicle in which they were riding was struck, on Arkansas State Highway The bill

MILES C. BAXTER AND OTHERS SEc. 2; The right to alter, amend, or repeal this act 1s hereby expressly reserved. The bill (H. R. 4870) for the relief of Miles C. Baxter, Anse Cockran, Sam Cornett, Mrs. Louie Hesterly, and Mrs. George SUPPLEMENT TO COMPILATION OF TREATIES, ETC. Lovell was considered, ordered to a third reading, read the The resolution (S. Res. 132) for the preparation of a supple­ third time, and passed. ment to the compilation of treaties, conventions, international laws, and protocols since March 4, 1923, was considered and JOHN KNAACK agreed to, as follows: The Senate proceeded to consider the bill CH. R. 2090) for Resolved, That there be prepared, under the direction of the Com­ the relief of John Knaack, which had been reported from the mittee on Foreign Relations, a revised supplement to the compila­ Committee on Claims with an amendment, on page 1, line 5, tion entitled "Treaties, conventions, international acts, and proto­ after the words "sum of,; to strike out "$3,500" and insert cols between the United States and other powers, 1776-1923", to include treaties, conventions, important protocols, and international ''$2,500", so as to make the bill read: acts to which the United States may have been a party since March Be it enacted, etc., That the Secretary of the Treasury be, and 4, 1923. he is hereby, authorized and directed to pay to John Knaack, of rNTERNATIONAL CONGRESS OF ARCHlTECTS Chicago Heights, ru., the sum of $2,500, out of any money in the Treasury allocated by the President for the maintenance and oper­ The joint resolution