7366 CONGRESSION-Lt\._L R.ECORD-SENATE APRIL 28 ' 7285 . .Also, ·petition ·of 0. I. T. Corporation, 100 Park .Avenue, Ashur t Fess King Shortridge Barkll'y Fletcher J.. a :B'ollette Simmons City, favoring the passage of the Bachmann bill (H. R. Bayard Frazier Loeber Smoot 12730) prescribing the procedure for forfeiture of ve sels under Bingham George McKellar Steck <.'UBtoms, navigation, and internal re\enue laws; to the Com­ Black Gerry McNary Steiwer Rlnine Goll' Mayfield Stephens mittee on the Judiciary. Blease Gooding Neely Swanson 7286 . .Also, petition of B. F. Yoakum, , sug­ Bratton Gould Norbeck - Thomas gesting certain amendments to the McNary-Haugen farm relief Broussard Greene Norris Tydings Brn~ H~e N" Tyson bill ; to the Committee on Agriculture. Capper Banis Oddie Vandenberg 7287 . .Also, petition of E. S. Reynold , 111 Broadway, New Caraway Harrison Overman Wagner York City, favoring the passage of the Tyson bill (S. 777) un­ Copeland Hayden Phipps Walsh , Mass. Couzens Heflin Pittman Walsh, Mont. amended; to the Committee on \Vorld War Veterans' Legis­ Curtis Howell Ransdell Warren lation. Dale Johnson Hobinson, .Ark. Waterman 7288. .Also, petition of the Frontier Development Co., Buffalo, Deneen .Jonei': Sackett Wheeler Dill Kendrick 'chall N. Y., favoring the passage of the emergency officers' retirement Edge Keyes Sheppard bill (S. 777); to the Committee on World War Veterans' Legis­ 1\Jr. GERRY. I wish to announce that the junior Senator lation. from New Jersey [Mr. Emv.A.RDs] is necessarily detained from 7289. Also, petition of the Paper Cutters, Binding Machine the Senate by reason of illnes in hi family. Operators, and Embossers' Protective Union, No. 119, New York The VICE PRESIDENT. Seventy-four Senators having an­ City, favoring the enactment of the Griest postal bill; to the swered to their names, a quorum is present. Committee on the Po t Office and Post Roads. 7290. By Mr. QUAYLE: Petition of New York State Home MESSAGE FROM THE HOUSE E conomics Association, favoring the passage of the Reed bill Ames age from the House of Representatives, by Mr. Chaffee, (H. R. 12141) for vocational education; to the Committee on one of its clerks, announced that the House' had adopted the 1Vorld War Veterans' I..egislation . following resolution (H. Res. 178): .72!:>1 • .Also, petition of M. Fine & Son , of New York, favoring Resoh:ed, That a committee of the Honse be appointed to take order the passage of the Hawes--Cooper bill (H. R. 7729) ; to the for superintending the funeral of Bon. MARTIN B. MADDEN in the Committee on Labor. . House of Representatives at 12 o'clock meridian on Sunday, April 29, 7292 . .Also, petition of Frontier Development C<>., of Buffalo, 1928, and that the House of Representatives attend the same. N. Y., favoring the passage of the Tyson-Fitzgerald bill, for the Resolved, That as a further mark of respect the remains of Mr. retirement of emergency officers; to the Committee on 1\Iilitary MA.DDEX be removed from Washington to , Ill., in charge of the Affairs. Sergeant at Arms, attended by the eommittee, who shall have full 7293. Also, petition of National Board of Tobacco Salesmen's power to carry these resolutions into effect, and that the necessary Association, of New York City, favoring the passage of the expenses in connection therewith be paid out of the contingent fund of Robinson bill (H. R. G68) to amend section 1 of the interstate the House. commerce act; to the Committee on Interstate and Foreign Resolv ed, That the Clerk of the House communicate these proceedings Commerce. to the Senate and invite the Vice President and the Senate to attend 7294. Also, petition of C. I. T. Corporation of New York City, the funeral in the IIo.use of Representatives anu to appoint a com­ favoring the passage of the Bachmann bill (H. R. 12730) pre­ mittee to act with the committee of the House. scribing the procedure for forfeiture of >es els under the cus­ Resolved, That invitations be extended to the President of the United toms, navigation, and internal revenue laws; to the Committee States and the members of his Cabinet, the Chief Justice and .Associate on the Judiciary. Justices of the Supreme Court of the , the diplomatic 7295. Also, petition of American Association for Labor Legis­ corps (through the Secretary of State), the Gener~ of the Army, anu lation, of New York City, favoring the passage of the Blaine the Chief of Naval Operations to attend the funeral in the BaH o.t. the bill (S. 3565) providing workmen's compensation for private House of Representatives. employee in the District of Columbia ; to the Committee on the The message also announced that, pursuant to Hou e Re o­ District of Columbia. lution 178, the Speaker appointed the following committee on 7296. By Mr. SINCLAIR: Letter o.f C. E. Cunningham, cash­ the part of the Hou e to superintend the funeral of the late ier of the Commercial Bank, Williston, N. Dak., against the Representative 1\:I.ARTIN B. MADDEN, viz: Representatives D. R. Oddie bill ; to the Committee on the Post Office and Post Roads. ANTHONY, Jr., Kansas; BURTON L. F':R~CH, Idaho; W. W. 7297. By Mr. WINTER: Resolution t·e House bill 9956, from GRIEST, ; FRED A. BRITrEN, ; LOUIS C. G. R. Anuerson, commander Travis Snow Po. ·t, No. 5, Torring· CRAMTON, l\Iichigan; EDWARD E. DE...'VISON, Illinois; EDWARD J. ton, "\Vyo. ; to the Committee on Irrig-ation and Reclamation. KING, Illinois; GEORGE H. TINKHAM, l\Iassachusett ; EDWARD H. WASON, New Hampshire; THOMAS S. WILLIAMS, Illinois; WIILIAM R. WooD, Indiana; MILTON W . ·SHREVE, Pennsylvania; SENATE ERNEST R. ACKERMAN, New Jersey; flENRy E. BARBO~ Cali­ fornia; CARL R. CHINDBLOM, Illinois; L. J. DICKIN ON, Iowa ; SATURDAY, April 28, 1928 GUY U. HARDY, Colorado ; FRANK MURPHY, Ohio ; WALTER H. The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered th,e NEW'roN, Minnesota; JOHN W. SUMMERS, ·washington; RICHARD following prayer : YATES, Illinois ; FRANK CLAGUE, l\Iinnesota ; M. ALFRED MICHAEL­ SON, Illinois; ELLIOTT ,V. SPROUL, Illinois; ROBERT L. BACON, O .God, who comest to us in an hour when we think not and New York; WILLIAM P. HOLADAY, Illinois; :MORTON D. HULL, in ways we least expect, we thank Thee that Thou hast clothed Illinois ; WILLIAM E . HULL, Illinois ; HENRY R. RATHBONE, Thyself in our frail form, hast consented to walk our ways, Illinois; FRANK R. REID, Illinois; ROBERT G. SIMMONS, Ne­ endure our sorrows, and to taste for us the bitterness of death, braska; JOHN TABER, New York; MAURICE H. THATCHER, Ken­ look wit h loving pity upon those who have been called to tucky; GEORGE A. WELSH, Pennsylvania; CHARLES AmnNs, Dli­ drink the cup of tears, and be unto them a refuge in this their nois; JOHN C. ALLEN, Illinois; ED. M. IRWIN, Illinois; \VILLIAM hour of utmost need. · R. JOHNSON, Illinois; JoHN T. BUCKBEE, Illinois; HOMER W. HALL, Breathe into our hearts, 0 God, by the divine alchemy of Illinois; HENRY T. RAII\"""EY, lllinoi ; ADOLPH J. SABATH, Illi­ Thy grace, such spirit of devotion to our tasks that when our nois; JOSEPH W. BYRNS, Tennes. ee; EDWARD T. TAYLOR, Colo­ summons comes we may receive that blessing which Thy well­ rado; JAMES P. BUCHANAN, ; WILLIAM B. OLIVER, Ala­ beloved Son shall pronounce to all who love and serve Thee, bama; ANTHONY J. GRIFFI , New York; WILLIAM A. AYRES, saying, "Come ye bles ed children of my Father, receive the Kansas; THOMAS W. HARRISON, Virginia; WILLIAM W. HAST­ kingdom prepared for you from the beginning of the world." INGS, Oklahoma; THOMAS H. CULLEN, New York; JOHN .J. CASEY, Grant this, 0 Father, through Jesus Christ, our Mediator and Pennsylvania ; Ross A. CoLLINs, Mississippi ; STANLEY H. KuNz, Redeemer. Amen. Illinois; JoHN N. SANDLIN, ; WILLIAM W. ARNOLD, The Chief Clerk proceeded to read the Journal of yesterday's Illinois ; THOMAS A. DoYLE, Illinois ; FRED M. VINSO "", Ken­ proceedings, when, on request of Mr. CURTIS and by unanimous tucky ; J. EARL MAJOR, Illinois ; and JAMES T. IGOE, Illinoi . consent, the further reading was dispensed with and the Journal The me sage further announced that the House in isted upon was approved. its amendments to the bill (S. 3740) for the control of floods on the and its tributarie , and for other pur­ CALL OF THE ROLL poses, disagTeed to by the Senate, agreed to the conference Mr. CURTIS. Mr. President, I suggest the absence of a requested by the Senate on the disagreeing votes of the two quorum. Houses thereon, and that Mr. REID of Illinois, Mr. CURRY, Mr. The VICE PRESIDENT. The clerk will call the roll. RoY G. FITZGERALD, Mr. WILSON of Louisiana, and Mr. DRIVER The legislative clerk called the roll, and the following Senators were appointed managers on the part of the House at the answered to their names : co}lference. 1928 . CONGRESSIONAIJ RECORD-SENATE 7367' The message also announced that the House had passed a The levees proposed arong the Riker flood ways are in my opinion bill (H. R. 13331) to authorize the President' to present the too high for safety, and the e-stimated cost for the whole project­ distinguished flying cross to Ehrenfried Gunther von Huenefeld, $785,000,000-is too low. The low un.it cost for earthwork is out of James C. FitzMaurice, and Hermann Koehl, in which it re­ li.ne with the experience of contractors and of the Government on work quested the concurrence of the Senate. of a similar nature. The dredge proposed by him for use in building these levees is of a design that bas not been proved. Drainage of the ENROLLED BILL SIGNED alluvial valley itself would be expensive and unsatisfactory, as most The message further announced that the Speaker had affixed of the water wouW have to be pumped. The proposed dams would be his signature to the enrolled bill ( S. 3437) to provide for the expensive and uncertain in their operation. There are other matters conservation of fish, and for other purposes, and it was signed of hydraulics and engineering, such as capacity and velocity of flow in by the Vice President. the spillway and erosion of the bed and banks of the spillway, that are FUNERAL OF THE LATE REPRESENTATIVE MADDEN open to objection, as, for example-, the natural slope of the ground from Mr. CURTIS. Mr. President, I ask the Chair to lay the Red River to the Gulf of is very small, and a cleared flood way re ·olution from the House before the Senate; and in connection 3 miles wide with such a small slope will have insufficient capacity with it I propose a resolution, which I send to the desk and to carry the water brought to it from above, and therefore more water ask unanimous consent for its immediate consideration. would be thrown down the main Mississippi River and oass New The VICE PRESIDENT. The Chair lays before the Senate Orleans than can be carried in its channel between existing levees. a resolution from the House of Representatives, which will be In general the plan would involve much greater costs than are neces­ read. sary to a sound solution and can not be depended upon to secure the The Chief Clerk read House Resolution No. 178. desired results. l\1r. CURTIS. I ask unanimous consent for the adoption of Respectfully, the resolution which I send to the desk. EDGAR JADWIN, The VICE PRESIDENT. The resolution will be read. Major General, Ohiet of Engineers. The Chief Clerk read the resolution ( S. Res. 211), as follows: PETITIONS AND MEMORIALS Resolved, That the Senate accept the invitation of the House of Rep­ The VICE PRESIDENT laid before the Senate a resolution resentatives to attend the funeral of Hon. MARTIN B. MADDEN, late a adopted by the New Jersey Annual Conference of the 1\Iethodist Re-presentative from the State of Illinois, in the House of Representa­ Episcopal Church at Atlantic City, N. J., favoring the establish­ tives at 12 o'clock meridian on Sunday, April 29, 1928, and that a ment of a bureau of peace to promote the best possible relation­ committee of 10 Senators be appointed by the Vice President to act ships with all nations, which was referred to the Committee on with the committee appointed by the House of Representatives to take Foreign Relations. order for superintending the funeral. Mr. COPELAND presented a resolution adopted by the West The VICE PRESIDENT. The question is on agreeing to the End Citizens Association, of Washington, D. C., indorsing Sen­ re olution. ate bill 3107 to regulate the practice of the healing art to protect The resolution was unanimously agreed to; and the Vice public health in the District of Columbia, which was ordered to President appointed as members of the committee on the part lie on the table. of the Senate Mr. DENEEN, Mr. CURTIS, 1\fr. ROBINSON of Arkan­ Mr. JONES presented a petition of sundry citizens of Spokane sas, Mr. W ARR.EN, Mr. OVERMAN, Mr. SMOOT, Mr. WALSH of Wash., praying for the prompt passage of Senate bill 860, th~ lt'Iontana, Mr. McNARY, Mr. HARRISON, and Mr. STECK. so-ca~led McKellar-Fitzgerald bill, allowing credit to postal and Mr. CURTIS. I ask unanimous consent that when the Sen­ substlt~te postal employees for time served in the Army, Navy, ate concludes its business to-day it shall take a recess until or Marme Corps of the United States which was referred to 11.45 to-morrow for the purpose of enabling the Senate to at­ the Committee on Post Offices and Post Roads. tend the funeral in a body, and that at the conclusion of the Mr. WARREN presented resolutions adopted by the Lions iuneral services the Senate shall stand adjourned until Monday ~lub of Casper and Saratoga, in the State of Wyoming, favor­ at 12 o'clock noon. mg the passage of legislation providing for aided and directed The VICE PRESIDENT. Is there objection to the order settlement on Federal reclamation projects, which were referred requested by the Senator from Kansas? The Chair hears none. to the Committee on Irrigation and Reclamation. EQUITABLE . USE OF WATERS OF LOWER COLORADO RIVER . . ~r. FESS presented petit.ions numerously signed by sundry citizens of the State of OhiO, praying for the passage of the The VICE PRESIDENT laid before the Senate a communica­ so-called Gillett resolution, being the resolution (S. Res. 139) · tion from the Acting Secretary of the Interior, transmitting, in suggesting a further exchange of views relative to the World response to Senate Resolution 181, agreed to April 20, 1928, Court, which were referred to the Committee on Foreign Rela­ copies of all correspondence on file in . the Bureau of Reclama­ tions. tion regarding the equitable use of the waters of the lower Colo­ Mr. LOCHER presented petitions numerously signed by sun­ rado River and the Rio Grande, which, with the accompanying dry citizens of the State of Ohio, praying for the passage of the papers, was ordered to lie on the table. so-called Gillett resolution, being the resolution ( S. Res. 139) RIKER MISSISSIPPI SPILLWAY PLAN FOR FLOOD CONTROL suggesting a further exchange of views relative to the World The VICE PRESIDENT laid before the Senate a communica­ Court, which were referred to the Committee on Foreign tion from the Chief of Engineers, War Department, reporting Relations. in response to Senate Resolution 206, agreed to April 25, 1928 Mr. CAPPER presented a resolution adopted by the Ashland (submitted by Mr. FRAZIER), relative to the Riker Mississippi Community Club, of Ashland, Kans., favoring the passage of spillway plan for flood control, which was referred to the the so-called Capper ~niversal .draft bill, which was referred Committee on Commerce and ordered to be printed in the to the Committee on Military Affairs. RF.CORD, as follows : · Mr. WALSH of presented a petition of sundry WAR DEPARTMENT, members of the Woman's Interdenominational Union of. Phila­ OFFICE OF THE CHIEF OF ENGINEERS, delphia, in annual session, April 23, 1928, authorizing the Waslvingflm, .A.prU 28, 1928. indorsement by the union, representing 52,129 members of va­ The PRESfDE~T OF THE SENATE, rious religious denominations throughout the United States and Washington, D. a. 23 interdenominational groups, of Senate Joint Resolution 122, SIR: Referring to the resolution passed by the Senate April 25, 1928, _providing for the reunion of families of alien declarants and requesting the Chief of Engineers to report to the Senate upon the praying for its passage, which was referred to the Com~ittee merits of the Riker Mississippi spillway plan for flood control, I attended on Immigration. the hearing of the Committee on Commerce on February 11, 1928, and He also presented telegrams signed by Miss Esther L. Ander­ beard Mr. Riker describe to the committee his Mississippi spillway plan son, general secretary Young Women's Christian Association for flood control. My comments thereon are printed on pages 652 and Springfield, Mass.; Mrs. A. J. Armstrong, president Adult Cia~ 653 of the hearings before the Committee on Commerce, United States First Unitarian Church, Erie, Pa.; and 1\Iiss Violet C. Baur, Senate-, Seventieth Congress, first session, part 3. · secretary League of Women Voters of Erie County, Pa., and On April lG I examined the model of the Riker spillway plan on letters from Sundry citizens of Dorchester, Mass., Detroit, exhibition in the basement of the Senate Office Building. Mich., and Los Angeles, Calif., all praying for the passage of Flood ways for the relief of the main river below the mouth of the Senate Joint Resolution 122, providing for the reunion of fami­ Arkansas are essential for flood control of the Mississippi if the maxi­ lies of alien declarants, which were referred to the Committee on mum possible flood is ~ be protected against. But flood ways in the Immigration. St. Francis or Yazoo Valleys are not an essential part of the plan and He also presented letters, in the nature of petitions, from would result in claims for damages as lands have not been subject to Mi,ss Frances C. Moore, executive secretary Young Women's overflow frequently in recent years. · Christian Association, Worceste·r, Mass.; ·Mrs. W. Spore, secre- ·.

/ 7368 CONGRESSIONAL RECORD-SENl\_TE -. APRIL 28

tary Young Women's Christian A.ssoclation, Austin, Tex.; Mrs. being before th~ Senate and House. I ask that the resolutions .Joel B. Davis, chairman Kensington Branch, Young Women's be printed in the RECORD and lie on the table. Christian Association, , Pa.; Mr. Aaron M. There being no objection, the resolutions were ordered to Lopez, executive director .Jewish Welfare Society, Erie, Pa., lie on the table and to be printed in the RECORD, as follows : and petitions o:( sundry citizens and members of the Young Resolutions regarding control of Mlss.isslppi River floods unanimously Women's Christian Association, Milwaukee, Wis., and Philadel­ adopted by the board of direction of the American Society of Civil phia, Pa.; the Yale Graduates' Discussion Group, New Haven, Engineers Conn., and the Woman's Center, Young Women's Christian As­ sociation, Detroit, Mich., all praying for the passage of Senate Whereas the control of Mississippi River floods affects important· Joint Resolution 122, providing for the reunion of families of ~terests other than navigation, incluuing agriculture, railway and alien declarants, which were referred to the Committee on Im­ highway transportation, the operation of industry and business, and migration. the water supply and sanitation of municipalities; and Whereas many features of the proposed control and regulating PERMANENT COURT OF INTERNATIONAL JUSTICE works will be unprecedented in design and magnitude, and will cost Mr. SHORTRIDGE. Mr. President, I present a petition ac­ much more than any works heretofore undertaken by the Federal Government; and companied by a letter addressed to me from Mr. George 1\f. Day, of the department of economics and sociology of the Occi­ Whereas no representative commercial or industrial organization dental College, Los Angeles, Calif. The petition is signed by would undertake a task of comparable nature without the most thor­ the members of the faculty of the college, the purport being that ough review and analysis of the character, details, and scope of the the United States adhere to the Court of International .Justice. proposed plans by competent -agencies independent of the personnei I move that the petition be referred to the Committee on For­ selected for the accomplishment of the task: Now, therefore, be it eign Relations and printed in the RECORD with the names of ReBol.ved, That the board of direction of the American Society of the signers. Civil Engineers- There being no objection, the petition and accompanying let­ First. Commends the President for hls position in insisting upon ter were referred to the Copunittee on Foreign Relations and tbe very important principle of local participation in the cost of pro­ ordered to be printed in the RECORD with the signatures tection, in proportion to the benefits derived, and 1n proportion to the _attached, as follows: resources and responsibilities of the interests affected; Second. Approves the principle of placing the responsibility for con­ OCCIDENTAL COLLEGE, struction in an executive department; Los Angeles, Calif., April Z4, 1928. Third. Inasmuch as a great amount of flood-control work on the DEAR SENATOR SHORTn!DGE : May I commend to your interest the Mississippi River remains- unftnisbed, which already has been a~ attached petition forwarded by the members of Occidental College to pro-ved by the Congress or is generally agreed upon as essential to any ,you in the hope that their interest in the Gillett resolution will be comprehensive plan, that the Congress .be requested to make appro­ shared by you. priations without delay tor such work, to be consb:ucted at once with­ _May we respec~ully request that this petition, with its complete out waiting for the completion of a general plan ; . names of signature.c;, be inserted in the CoNGRESSIONAL RECORD, where Fourth. Earnestly recommends the creation of· a board of at least it will undoubtedly prove of interest to the other Members of the nine disinterested engineers, chosen by the President for their out­ Senate. standing training, experience, and accomplishments in hydraulic and Respectfully, river~ontrol problems, and in the design. organization, and construe~ GEORGE M. DAY, tion of large and important public works-this board to confer with Departtnent of Econo·tnics and Sociology. the departmental officials responsible for the preparation of plans, and to make a complete review and analysis and a report to the Congress OCCIDENTAL COLLEGE, on the scope and the technical and economic features of the compre­ Los Angela, Calif. hensive plan and program ; The undersigned members of the faculty of Occidental College hereby Fifth. In view of the paucity of data, incompleteness of surveys, express deep interest in the adherence of the United States to the and lack of information necessary for solving many controversial fea­ Permanent Court of International Justice and urge every member of the tures of the Mississippi River problems, that Congress be requested to Foreign Relations Committee to support the following Gillett resolution : authorize and appropriate- sufficient funds for such studies, and the Resolution creation of such a board to carry on such work and to report to the Whereas the Senate on January 27, 1926, by a vote of 76 to 17 gave ne::~.i; Congress. its advice and consent to the adherence of the United States to the HYDRAULIC MINING INVESTIGATIONS, (8. DOC. NO. 90) Permanent Court of International .Justice upon certain conditions and with certain reservations; and ¥r. .JONES presented a letter from 1\faj. Gen. Edgar Jadwin, Whereas the signatory States in transmitting their replies reveued Chief of Engine~s, relative to hydraulic mining investiga­ to "such further exchange of views as the Government of the United tions in the State of California, which, with the accompany­ States may think useful": Therefore be it ing reports and data, was ordered to be printed as a document Resolved, That the Senate of the United States respectfully suggests with illustrations. to the President the advisability of a further exchange of views with REPORTS OF COMMITTEES the signatory States in order to establish whether the differences be­ tween the United States and the signatory States can be satisfactorily Mr. SIIEPPARD, from the Committee on Military Affairs, to adjusted. which was referred the bill -(H. R. 10139) for the relief of Signers of resolution, Occidental College, Los Angeles, Calif.: Edmund F. Hubbard; reported it without.amendment and sub­ Remsen D. Bird, president of the college ; Thomas G. Burt, mitted a report (No. 919) thereon. dean of the college ; Irene T. Myers, dean of women ; Mr. McKELLAR, from the Committee on the Library, to Wallace Emerson, assistant professor of education ; Ern­ which was referred the bill (S. 3171) providing for a Presi­ estine A. Kinney, instructor of education; Lowell .T. dents' plaza and memorial in the city of Nashville, State of Chawner, registrar; John Parke Young, professor of eco­ T~nnessee, to Andrew Jackson, James K. Polk, and Andrew nomics; Robert G. Cleland, vice president and professor of Johnson, former Presidents of the United States, reported it history; Julia A. Opal, director of student activities; Arthur without amendment and submitted a report (No. 920) thereon. G. Coons, asslstant professor of economics; .Tames Huntley Mr. NYE, · from the Committee on Claims, to which was Sinclair, professor of education; ·George M. Day, professor referred the bill (H. R. 3029) for the relief of Vern E. Town~ of economics and sociology; G. A. Thompson, associate pro­ send, reported it without amendment and submitted a report fessor of English; B. F. Stelter, professor of English; (No. 921) thereon. Wm. B. .Allison, professor of Spanish; F. W. Brid, pro­ Mr. FLETCIIER, from the Committee on Military Affairs, fessor of political science; ·wm. G. Bell, professor of French ; to which was referred the bill ( S. 3752) to amend section 3 J. Hudson Ballard, professor of religiSouth Carolina will not object to the consideration of which their officers have said they deserve. ' the bill. 1\fr. President, I ask permission to have inserted as a part of Mr. BLEASE. I am coming to the belief that this question my remarks a message I sent to Lindbergh at , of hero worship has gone far enough, and I do object. , at the time of his flight. Mr. BINGHAM. 1\:lr. President, will the Senator permit me The VICE PRESIDENT. Is there objection? to mnke a brief explanation? There being no objection, the matter was ordered to be printed Mr. BLEASE. I have no objection to that. in the RECoRD, as follows : 1\Ir. BINGHAM. When we passed the bill with regard to the CoLUMBIA, S. C., May 21, 1!Jf!1. distinguished-flying cross we made no provision permitting the LINDBERGH, President to present it to any aviators except those in the Paris, France: Army, Navy, and Marine Corps. 'l'here was no provision made I congratulate you upon your success. Wish we had more .Americans to permit us to give it to distinguished foreign aviators who like you who trust in their own kno'Yiedge and their God for success might arrive in this country. and receive dictation from no one. COLE L. BLEASE. May I say to the Senator from South Carolina that whenev~r any of our aviators have crossed the ocean into foreign lanlis, Mr. ROBINSON of Arkansas. 1\fr. President, I am anxious either the first naval aviators to cross the north Atlantic, Com­ to afford to American soldiers and veterans every recognition mander Read and his friends, or Colonel Lindbergh, or Cham­ which may be appropriately accorded them. I do feel that it berlin, or any of the others, when they have arrived in foreign would be very unfortunate to deny the recognition carried in countri~s it has been the universal custom of the governments this bill because of the failure of any Senator or Senators to of those countries to give our aviators decorations? It is only a present measures here appropriately recognizing the services matter of common courtesy, it seems to me, that we should be of American soldiers and sailors. permitted to do the same thing in return. I do not know whether it is perinitted under the procedure Since the law at present does not permit it, we have incor­ of the Senate at this juncture to make the motion which I said porated in the bill, reported unanimously from the Committee a moment ago I would make. I inquire whether it is in order? on 1\lilitary Affairs, although the Senator from South Carolina The VICE PRESIDENT. Under Rule XXVI action would was not present at the meeting,. a provision permitting the have to be postponed for one day if objection was made. Presier comity, reciprocating the courtesies which our own aviators been any achievement more inspiring than that which some of . haYe received in foreign lands: I hope very much my good these aviators have accomplished; and I should like to have this friend the Senator from South Carolina will be willing to with­ expression made at this tinie. if the 'Senator from South Carolina draw his objection. will be kind enough to withdraw his objection. 1\fr. ROBINSON of Arkansas. 1\fr. President, I wish to make Mr. BLEASE. Mr. President, having made the point which a brief statement. I trust there will be no objection to the I wished to impress on the American pPOple as to the neglect of consideration of the bill. It is a recognition of the achieve­ their own children, I will withdraw the point. . ments of these distinguished foreigners which I regard as Mr. ROBINSON of Arkansas. I thank the Senator. . peculiarly appropriate at this time. It would be, in my judg­ There being no objection, the Senate, as in Committee of the ment, regrettable if the recognition contemplated by the bill Whole, proceeded to consider the bill which had been reported should be denied. I ask the Senator from South Cru.·olina if he from the Committee on Military Affairs, with an amendment, to will not withdraw the objection and permit the Senate to con­ add at the end of the bill the following clauses: sider the bill? That the President be, and is hereby, authorized to present the dis­ l\lr. BLEASE. No; I will not withdraw the objection. tinguished-flying cross to Col. Francesco de Pinedo in recognition of his 7370. CONGRESSIONAL RECORD-SENAT-E APRIL 28 extraordinary achievement in making an aerial journey of 25,000 miles $.me. 2. The Secretary of the Treasury shall cause duplicates in I.Jronzc by in the course of which be arrived in the United States of such medal to be coined and sold, unller sucl1 l"Cgnlations ns b e may by air from . prescribe, at a price sufficient to cover the cost thel"eof (including labor ), That the President be, and is hereby, autho,rized to present the distin­ and the appropriations used for canying out the provisions of this guished-flying cross to Dieudonne Costes and .Joseph Le Brix in recogni­ section shall be reimbursed out of the proceeds of such sale. .. tion of their extraordinary achievement in an aerial journey of 35,000 Mr. BINGHAM. Mr. President, the House joint resolution is miles in the course of whicll they arrived in the United States by air not as good a measure a.s the one which the Senator from after making the first nonstop flight across the South Atlantic. Arkansas introduced. It seems to me that the joint resolution The amendment was agreed to. ought to be amended so as to conform to the measure which the The bill was reported to the Senate as amended, and the Senator from Arkansas introtluced and which the Senate passed. amendment was coocurred in. · The Treasury Department, as I under. tand, has reported that The bill was ordered to be engrossed for a third reading, read the House joint resolution is not in as good form a was the the third time, and passed. bill presented by the Senator from Arkansas. The title was amended so as to read : "To authorize the Mr. ROBli'iSON of Arkansas. I know; but I would not with­ .President to present the distinguished-flying cross to Col. hold for one hour a recognition to Colonel Lindbergh because of Francesco de Pinedo, Dieudonne Costes, Joseph La Brix, the obstinacy of the body at the other end of the Capitol. I do Ehrenflied Gunther von Huenefeld, James C. FitzMaurice, and not want to be in the attitude of taking that course. Hermann Koehl." The joint resolution was reported to the Senate without COL. CHARLES A. LINDBERGH amendment, ordered to a thiril. reading, read the third time, and passed. Mr. FESS. Mr. President, I desire to make an inquiry of the Senator from Arkansas. GOLD-STA& MOTHE&S The Senator from Arkam;as introduced a bill in regard -to Mr. BRATTON. Mr. President, may I have the attention of Colonel .Lindbergh as to striking a medal. We passeil. it unani­ the Senator from Connecticut [Mr. BINGHAM]? While we are mously, and it went over to the House. There another measure dis-eussing subjects of the character of those that we have been similar to it, I think identical, was introduced, and the House talking about, I call the attention of the Senator from Con­ passed the House measure. Instead of acting upon our bill nec-ticut to a bill, H. R. 5494, commonly called the gold-stnr they sent the House joint resolution back here. mothers' bill. It passed the House more than two months Mr. ROBINSON of Arkansas. Mr. President, to me it is in­ ago. It is still pending before the Committee on Military explicable that with a bill pas..c;;ed unanimously through this Affairs in the Senate. The session is drawing toward its clo e. body, the- body at the other end of the Capitol would fail to I am so much interested in the passage of that bill in some ap­ take action on the Senate bill, after the Senate bill had been propriate form that I am prompted to ask the Senator from received by the House of Repre. entatives, and proceed to the Connecticut what the prospects are for allowing the Senate conside1·ation of a House measure. to consider that measure at some reasonably early date. The littleness of spirit that is involved in that course can not, Mr. BINGHAM. Mr. President, the bill to which the Senator however, be characterized appropriately under the rules of the refers is now before a subcommittee of which I am a member, Senate; and I shall be glad to move the consideration of the and it would have been considered earlier had we not liad a House joint resolution if the procedure in the Senate permits great many other matters before us. It is the intention of the that action at this time. I ask unanimous consent that the subcommittee to consider the bill at an early date. I will say Committee on the Library be discliarged from the further con­ to the Senator that there are a good many objections to it; sideration of the House joint resolution and that the Senate there are a good many amendments that have been sugge ted; proceed now to its consideration. there are people who desire to be heard, and it is our intention 1\fr. FESS. 1.'he committee have already acted favorably to have a hearing at an early date. on it. l\fr. BRATTON. With that assurance, I shall make no further !o.fr. BRUCE. Mr. President, may I ask wh..'lt measure this is? observation about that measure now, but I take occasion, while :Mr. ROBINSON of Arkansas. This is a House joint resolu­ I have the floor, to say that I think legislation of that nature tion to confer a medal on Colonel Lindbergh. The Senate had is sufficiently important tllat it must receive the attention of the already passed a bill introduced by myself, and sent that bill committee and the Senate itself before this session of the to the House. The House took no action on the Senate bill, but Congress adjourns. I am ure the Senator from Connecticut passed a House joint resolution, which is similar, and I now will see that expedition is had in connection with the bill ask unanimous consent for the present consideration of the before the committee. House joint resolution. LINCOLN ELLSWORTH The VICE PRESIDENT. Is there objection? The Chair '\rr. COPELAND. Mr. President, I am so much in sympathy hears none. with what has been done this morning with reference to the M:r. FLETCHER 1\Ir. President, do I correctly understand foreign fliers and Colonel Lindbergh that I did not rise before that the Senator from Ohio has reported the joint resolution? to speak about another matter, but we have pending before us Mr. FESS. The joint resolution was acted upon by the com­ a proposal to give a medal to Lincoln Ellsworth. mittee; but the procedure of the House was so unusual that the Sometimes we forget our own heroes. Here is a man who committee asked me not to report it until I got the consent of went over the , and his companion was honored by the author of the Senate bill. We are ready to report it at any his government-a foreign government-while we have done time. nothing. I assume, from what I am told by the Senator from Mr. ROBINSON of Arkansas. I ask, then, that the committee Connecticut [Mr. BL~GHAM]-who seems to be in cbru:ge of all be discharged from the further consideration of the joint reso­ honors to aviators-that there is pending, in proce s of formu­ lution and that it be put on its passage. lation, a bill which will take care of Lincoln Ell wo1th. Am I Mr. HEJFLIN. .Are the measures identical? correct in that assumption, may I ask the Senator from Con­ Mr. ROBINSON of Arkansas. No; they are not identical, necticut? but they are very similar. Mr. BINGH.A.l\1. .!Ur. President, the Senate 1\Iilitary Affairs Mr. FESS. Mr. President, I ask for a few moments' delay, Committee has had under consideration several bills for giving until I can get hold of the joint resolution. medals to American aviators for their heroic flights. At present Mr. ROBINSON of .Arkansas. Why not let us pass it? I the chairman of the committee is not here, but my recollection ask unanimous consent that· the committee be discharged from is that at a recent meeting of the committee it was determined the further conSideration of the House joint resolution and that to put into one bill all American aviators who were deemed the Senate proceed to its consideration. deserving of the thanks of Congress ; and I suggested to the The VICE PRESIDENT. Is there objection? The Chair Senator from New York that the name of Lincoln Ellsworth hears none, and it is so ordered. might, with propriety, be included in that omnibus bill. The Senate, as in Committee of the Whole, proceeded to con­ l\Ir. ROBINSON of Arkansas. Mr. resident, if the Senator sider the joint resolution (H. J. Res. 192) to provide for the from Connecticut is going to object to the consideration of this coinage of a medal in commemoration of the achievements of bill at this time, I want to serve notice upon him that it is my Col. Charles A. Lindbergh, which was read, as follows: intention to move to discharge the collllllittee from the considera­ Resolved, etc., That in recognition of th.e achievements of Col. Charles tion of Senate bill 3919, and to proceed to its consideration. A. Lindbergh the Secretary of the Treasury is authorized and directed This bill has . been pending here for a long time, and is now to cause to be struck and presented to Col. .Charles A. Lindbergh a gold pending on the calendar. I have received a letter which, un­ medal with suitable emblems, devices, and inscriptions to be determined fortunately, I have not at hand just now, not anticipating that by the Secretary. For such purpose there is authorized to be appropri­ these matters would be raised this morning, from Commander ated the sum of $1,500. Richard E. Byrd, whose name is well known to all Senators 1928 CONGRESSIONAL RECORD-SENATE .73711 and to almost every citizen of the United States as one of the He has never sought any recognition here or elsewhere. He greatest explorers of modern times, pointing out the fact that has been content to remain in practical obscurity. this recognition to Lincoln Ellsworth ought to have been When men like Commander Byrd feel aggrieved at the failure accorded more promptly than it is being done. of the Congress to volunteer appropriate and admittedly de­ I ask the Senator from Connecticut if he will not permit the serv~d re_cognition to brave, daring men like Lincoln Ellsworth, Senate to dispose of this matter at this time? if we are going to pursue or continue the policy of conferring Mr. BINGHAM. l\Ir. President, I hope he Senator will special medals on men who perform extraordinary achieve­ withdraw that request. ments, we ought to do this, and we ought to do it without Mr. ROBINSON of Arka·nsas. I will not withdraw the re­ delay. ; and I intend to move at the first opportunity to dis­ We do not have to discharge the committee, because the charge the committee from the consideration of the bill, and to committee--<>ne of the great committees of the Senate--has proceed to its consideration. reported favorably, and I have heard it said by some who now Mr. BINGHAM. Mr. President, the bill to which the Senator stand in the way of the passage of this bill that the bill should refers is not before the committee. It is on the calendar. not pass because Lincoln Ellsworth brayed the perils of the Mr. ROBINSON of Arkansas. Then I shall move to proceed polar storms in company with foreign aviators. This morning I to the consideration of the bill on the calendar. The Senator's appealed to the Senate to authorize the President to coiifer a correction is justified. medal on a group of foreign aviators. Objection was tempo­ Mr. FLETCHER. l\Ir. President. I think the motion is out rarily made because we should first recognize men like Lincoln of order. · Ellsworth. The VICE PRESIDENT. The question is on the motion of For four months this bill bas been in the pigeonholes of the the Senator from Arkan~as. Committee on Military Affairs. Mr. FLETCHER. I call for the regular order. 1\Ir. BINGHAl\1. Mr. President, will the Senator permit me The VICE PRESIDENT. The motion is not in order until 1 to interrupt him 7 o'clock. Mr. ROBINSON of Arkansas. I yield. l\Ir. ROBINSON of Arkansas. I realize that~ and that the Mr. BINGHAM. The Senator is mistaken. The bill was Senator from and the Senator from Connecticut, by never referred to the Committee on Military Affairs. The objecting, can postpone the consideration of this· bill; but I give Senator has it mixed up with some other bill; I do not know notice now that when it is in order I shall move its considera­ what measure. The bill originated in the Committee on Com­ tion. merce and was very properly reported' by that committee. It l\Ir. FLETCHER. There is no reason for giving any notice was never pigeonholed anywhere. It has been on the calendar of that sort, because it could be done anyhow; but what I for some time. The Committee on Military Affairs has never wanted to say to the Senator from Arkansas is that there is a had anything to do with it. question before the Senate Military Affairs Committee as to 1\Ir. ROBINSON of Arkansas. I thought I was following the the exact form of the honor which was intended to be bestowed. correction the Senator from Connecticut made during an early 1\lr. ROBINSON of Arkansas. Why, the complete answer to period of my remarks. , - that statement is that the Committee on Military Affairs has Mr. BINGHAM. Will the Senator yield at that point? reported the bill. · Mr. ROBINSON of Arkansas. If the bill has been reporteq Mr. BINGHAM. 1\!r. President, the Senator is mistaken. It by a committee, and the jurisdiction of the committee has not was reported from the Committee on Commerce. been challenged, I do not know why we should wait for another Mr. FLETCHER. We want, if we can, to follow some har­ committee, to which the bill has not been referred, according to monious procedure here. In other words, what we are trying the statement of the Senator from Connecticut, to take some to do is to bestow proper recognition on these heroes, these men action, which it may or may not take, merely because the Sena­ of great courage and fortitude and skill; but we want to make tor from Connecticut is on that committee. What jurisdiction it uniform and confer the same sort of honor, the same sort has the 1\ffiitary Affairs Committee of this bill if the bill has of medal, the arne sort of distinction, or, perhaps, the same never been referred to it? And why should the Military Affairs sort of recognition, in one case as we do in others. Committee insist on preventing action upon it? In some bills a medal is provided for. In other bills some­ Mr. WARREN. Mr. President, will the Senator yield to me? thing else is pro•ided for-the thanks of Congress, or a decora­ Mr. ROBINSON of Arkansas. I yield, of course. tion, and that sort of thing. What is troubling the Committee Mr. WARREN. I never heard of the bill in the Committee on Military Affairs has been to make this legislation uniform. on Military Affairs, as far as I am concerned ; so I judge it Am I not correct in that? never has been before the committee. I wish to say that I Mr. BINGHAM. That is correct. shall support the measure which the Senator from Arkansas Mr. ROBINSON of Arkansas. 1\lr. President, will the Senator apparently proposes now to· bring up. yield 7 Mr. ROBlNSON of Arkansas. I thank the Senator from 1\Ir. FLETCHER. Yes. Wyoming. He displays his usual spirit of good will, fairness, Mr. ROBINSON of Arkansas. When I proposed to have the and frankness. Committee on Military Affairs discharged from the considera­ Mr. COPELAND. Mr. President, will the Senator from tion of the bill, I was informed by the Senator from Connecticut Arkansas yield? that it was not necessary to do that, because the bill is on the Mr. ROBINSON of Arkansas. I yield. calendar, having already been reported. Now, it appears that it Mr. COPELAND. I hope there will be no question about has been reported from one great committee of the Senate, and the passage of this bill. I want to say to the Senator from that the Committee on Military Affairs has withheld action on Arkansas that the bill was reported at the last session of Con­ the bill since the 5th of December, 1927, when the bill was gress, and was on the calendar. Then it was considered again referred to the committee. by the Committee on Commerce, and, in deference to the Sena­ I think it is high time that this bill should be disposed of. I tor from Connecticut, certain changes were made in the bill. do not believe that it would be adequate under the circumstances There is no reason in the world why the bill should not be to pass an omnibus bill recognizing a great many other aviators acted on at to-day's session. in connection with the achie\ement of this very distinguished Mr. ROBINSON of Arkansas. Mr. President, we have gone person. I ba -ve sent to my office for the letter to which I out of our way this morning, properly, as I insisted, to recog­ referred a few moments ago. When it reaches the Senate I nize by medal the services and achievements of foreign aviators. shall ask to have the letter read at the clerk's desk. Mr. MAYFIELD. Mr. President, if the Senator will yield, This is a proposal to recognize one of the greatest achieve­ speaking about measures being referred to the Committee on ments of modem times by a renowned American aviator. It Military Affairs, I direct attention to the fact that the measure authorizes the granting of a to Linc{)ln Ellsworth, known as the gold-star mothers' measure, which passed the the distinguished American explorer, who made a polar flight House some time ago, providing for a pilgrimage to the battle in 1925 and a transpolar flight in 1926. fields of France of the mothers of American soldiers who gave I doubt if the records of modern times contain a more thrill­ up their lives in France, has been referred to a subcommittee ing and interesting story than that which relates to the achieve­ of the Committee on Military Affairs, and I understand that it ments of Lincoln Ellsworth. Through storms and the unvoyaged is impossible to get a hearing on it. currents of the air, in company with distinguished foreign avia­ Mr. ROBINSON of Arkansas. Mr. President, we haYe a most tors, after be bad been unable to secure financial support and amazing situation here. The bill of which I am speaking was assistance from his own country and the people of his own introduced in the Senate by the Senator from New York [Mr. country, he succeeded in this polar flight. CoPELAND], referred to the Committee on Commerce, and by Lincoln Ellsworth is a modest man, who has never rushed that committee favorably reported. No member of the Com­ into the public press as a means of exploiting his triumphs. mittee on l\Iilita17 Affairs, or any other Senator, ever raised 7372 CONGRESS! ON AL RECORD-SENATE APRIL 28 , any question as to the jmisdiction of the Committee on Com­ his physical test, passed, and was enlisted in the American Army as a merce. second-class private. As I understand it, the Committee on .Military Affairs neither There was no observation training school in France. He was sent took nor attempted to take any action. The bill is on the cal­ to and, in spite of the regulation about age, was started in as a endar; it is not before the Committee on Military Affairs. A pilot with the ~rench. He learned to "solo" and received from the motion will be required to refer it to that committee, to give the French his one wing badge in recognition of it. Military Affairs Committee the right even to consider the bill On account of hiE' ge, he was not given a fair show as a pilot, and, That motion bas not been made, and it is not proposed to be fearing that he would never get over the line, he again requested duty made now. as an airplane observer. I feel justified in taking the position that if the Congress is He was then taken down with flu-pneumonia and was quite ilL to confer this honor, it ought to do it graciously. A perusal He still persisted, however, in bls desire to go to an observation of the letter from Commander Byrd, to which I have referred school, but as there was no such school in France, he had to be sent and which I shall presently ask to have read to the Senate, back to the States. He had no more than filled out his papers when the will disclose just how little it is for us, while conferring med­ armistice took place. als on renowned foreign aviators, to deny a medal to an Ameri­ The pneumonia left him incapacita.ted i'or almost tht·ee years and he can, whose achievement was unparalleled in the history of the had two relapses of pleurisy. United States, merely because he was compelled to take flight In 1924, not having been able to get sufficient backing to go into the in a foreign machine and to associate himself with foreign , he organilled the Ellsworth expedition to P~ru, and together, aviators. with Dr. Joseph T. Singewald, jr.-under the auspices of the Johns Hop­ Mr. BRATTON. Mr. Pre ident, will the Senator yield? kins University-he ran the first complete geologic cross section of the Mr. ROBINSON of Arkansas. I yield. Andes through central Peru. Mr. BRATTON. The bill bas received action by the Com­ During all these years Ellsworth never gave up his great desire mittee on Commerce and never has been referred to the Com­ to go into the Arctic, and he continued to- make every etrort possible to mittee on Military Affairs. obtain backing in America, but without success. It seems to me that Mr. ROBINSON of Arkansas. That is true. this has a very important bearing on his final tie-up with a foreign Mr. BRATTON. May I inquire of the Senator in what way expedition. the Committee on Military Affairs, or any member of that Later he was for three years a field assistant of the United States committee, is now attempting to preclude action on the bill? Biological Survey which contributed both to the National and American Mr. ROBINSON of Arltansas. By objecting to the considera­ ·Museum of Natural History. tion of this bill and forcing me to make the motion · I am going At the end of that time he returned from his duties in to make just as soon as the opportunity arises. and was about to start back again to continue his work in the Andes, Mr. President, I now ask that there be read to the Senate when he learned that Amundsen was in America. Here he felt was an the letter from Commander Byrd to which I have referred. opportunity to get into exploration work in the Arctic. Tbe VICE PRESIDENT. Without objection, the clerk wi1l He called on Amundsen at the Waldorf and convinced him of his read. great desire to go into the Arctic. Amundsen himself had also been The Chief Clerk read as follows: disappointed in raising mo~ey for his all· flight, and had brought with him all of his belongings as he intended to go to Wainright and to live BYRD EXPEDITION, . , Mass., Apr-il 2, 1928. there indefinitely unless he could raise some money. Hoping that the expedition could be organilled in America and that Senator JOSEPH T. ROBINSON, it could fly the American flag exclusively, Ellsworth made a determined United States Senate, Washington, D. 0. effort to raise some funds. He went to Washington and interviewed a MY DEAR SENATOR : Here is the information concerning Lincoln number of people, but was unable to interest anyone. · Ellsworth: After considerable effort to raise money, Amundsen and Ellsworth It gives me much pleasure to send it to you, and I trust it will be found that the only people interested enough to help was the Norwegian of some value. Aero Club. Lincoln Ellsworth has always been an idealist and a dreamer. Even When Ellsworth's father found that he was determined to go into the as a youngster he dreamed of exploring. His mind turned to the Arctic to explore, and that he would probably try to get up there .!rctic. '' whether or no," he decided to help the expedition. Ellsworth was an His first chance came in 1913 when Ge<>rge Borup selected hi_m as only son, and his father's desire to keep him from the dangers of flying the third member, along with McMillan, of the original Crocker Land in the Arctic had only been natural. expedition, but lost his chance to go when Borup was drowned a few On May 20, 1925, the Amundsen-Ellsworth North Pole flight started weeks before the expedition was due to start. from Kings Bay, Spitzbergen. Ellsworth had command of and navi­ Previous to meeting Borup, Ellsworth was connected for five years gated one of the planes and Amundsen had command of the other plane. with the Grand Trunk Pacific Railway as an engineer on most of their All went well with the expedition until they met fog and then, tht·ougb exploration surveys looking for a route across the continent. no fault of their own, they got lost, but managed to land on the polar sea When Ellsworth learned that Peary advocated the use of airplanes without injuring any of the personnel and without breaking up the for exploration in the Arctic be obtained an introduction to him from planes. Subsequently, however, one of the planes was lost in an ice Henry Fairfield Osborne. He went over the matter with Peary and jam and the remaining personnel of six had to depend upon the one was most anxious to go into the Arctic with airplanes, but his father plane to get back to civilization. opposed his going and Ellsworth had no money himself. They had landed on the polar sea at latitude 87° 44' north, 136 miles He then went to see Gilbert Grosvenor, of the from the North Pole. It was a colossal task for those six men to level Society, about the project; but, without funds and without any previous down one of the ice fields so- that they could take olf with the plane. experience, it was impossible for him to get backing. It took 25 days of superhuman effort to do this, and during that time . This did not discourage him. In 1916 he went to·tbe Curtiss Avia­ the Norwegian and American flags waved side by side. tion School at Norfolk to try to learn aviation. He waited a week Finally, on the twenty-fifth day, the crew of six just managed to get there to try to get training, but without success. off the snow, almost hitting a hunk of ice as they got into the air, There were countless people ahead of him. He then attempted to se­ and they got back safely to Spitzbergen and were picked up by a cure his father's aid to buy the ice steamer Oarluk and join Stefansson. whaling steamer and brought back to civilization. Their plane, the Henry Fairfield Osborne repeatedly interceded with Mr. Ellsworth for N-25, was afterwards salvaged and is still flying. his son, but without success. The affair kept dragging until Stefansson This is one of the greatest epics of adventure in all history, the bad to go to for the necessary aid to carry through his expedi­ expedition traversing areas on the polar sea never before explored. tion. Am'undsen and Ellsworth then decided that, due to the hazards of a Before the war, early in 1917, Ellsworth joined the ambulance service forced landing on the polar sea, it would be better to attempt to reach and sailed for France. There he made a great etrort to get "into the the pole by airship. They still were unable to get backing in the Franco-American Flying Corps, but was told by Doctor Gros, medical United States. The Norwegian Aero Club agreed to back them and officei' of the organization, that, though he was physically fit, he was 14 since the only suitable airship within the means of the expedition that years beyond the age limit for pilots. He was then 37. was available was in , they went to that country to purchase the . While in Paris he received an urgent letter from Henry Fairfield ah·ship. o ~ borne saying that he had just lunched with Amundsen and that he­ The airship was named the , and out of. courtesy to Nobile, the Amundsen-was going to "steal Ellsworth's thunder," as he was plan­ designer of the ship and its navigator, the organization was called the ning to fly across the Arctic. Amundsen-Ellsworth-Nobile expedition. Shortly after this Amundsen himself came to Paris. Ellsworth The expedition reached Kings Bay, Spitzbergen, the first part of wanted to join his Arctic ship the Maude, but Amundsen said the per­ May, 1926, and at 8.55 a. m. on the 11th of May set out for . sonnel was all made up. The airship reached the North Pole at 11.30 a. m. May 12, and Ells­ Shortly afterwards America joined the war. As he was too old to worth dropped the American fl.ag. They then continued on across the pilot, Ellsworth filled out his papers to be an airplane observer, took polar sea to Point Barrow, Alaska, and until they got within sight of 1928 CONGRESSION1tL RECORD-SENATE .7373 I'oint Barrow every bit of the way from the pole -was ever unexplored Mr. HEFLIN. Mr. President, the Senator from Arkansas areas, a totnl distance of 1,200 miles. yielded to me to call up the bill by unanimous consent. If he This is one of the greatest pieces of exploration in all history and would permit me to move its consideration-- • one of the greatest fligbts .on record. Mr. ROBINSON of Arkansas. Objection having been made, The distance they had traveled across the from Spitz- ~t is not in order to proceed with the discussion of the Senator's bergen to Point Barrow was 1,950 miles. They reached Point Barrow bill at this time. The Senator from Alabama, of course, under­ at 6.50 p. m., Greenwich meridian thpe, on May 13, 1026, 46 hours 45 stands that. Objection 'vas made in behalf of a Senator who minutes after leaving Kings Bay. is absent. After reaching Point Barrow the expedition continued on to Tellier, The VICE PRESIDENT. Objection is made to the request of' Alaska, reaching there about 8 a. m., Greenwich time, May 14, after the Senator from Alabama. The Senator from Arkansas is having been in the air 71 hours, having bisected a million m'iles of entitled to the floor. unknown arctic regions by a trail approximately 100 miles in width, :Mr. ROBINSON of Arkansas. Mr. President, I merely wi~h except where fog obstmcted the view. to take a moment o:r two. As I said, the hour of 1 o'clock This expedition would not have been possible without the initiative having arrived, I have submitted the motion, it has been agreed and help of Lincoln Ellsworth. His was a vet·y great accomplishment to, and the bill is now before the Sena~te. I merely \Vish · to and has earned him a place in history. point out to the Senate that not only has another committee of ·He has received scant recognition for his magnificent contribution to the Senate than the Committee on :Military Affairs reported the science, and I ·feel very keenly that our Government' ·should give this bill or a similar bill, and that the Committee on Military' splendid American some re.cognition. Affairs has never sought jurisdiction of it, but there is, in His success was the result of long endeavor and years of pl'eparation, fact, no reason why the Committee on Military Affairs should and it seems a pity that our country bas given him so little credit. assume to direct the legislation. It was a commercial achieve- It is interesting to ~ note that so great did the Italians consider the ment, in no sense a military achievement, and no reason occurs achievement of this expedition that the Itallan Government promoted to my mind why the Senator from COnnecticut,' who speaks for Nobile from colonel to general and made him military head of the air the Military Affairs Committee and frequently controls its department to which he belonged. action, should assume to object to the consideration of the bill. Faithfully yours, Mr. SWANSON. Mr. President, will the Senator from R. E. BYRD. Arkansas yield to me? Mr. ROBINSON of Arkansas. I yield. 1\lr. ROBINSON of Arkansas. Mr. President, tbe hour of 1 Mr. SWANSO~. Mr. President, I want to appeal to the o'clock having arrived, I d~ire to submit a motion that the Senator from Connecticut not ·to oppose the bill: The only Senate proceed to the consideration of the bill (S. 3919) award- difference of opinion Eeems to be whether Lincoln Ellsworth ing a gold medal to Lincoln Ellsworth. shall · have a vote of thanks by Congress or shall have a gold The motion was agreed to; an<;l the Senate, as in Committee of medal: Tbe important thing is to~ determine whether the man the Wlwle, proceeded to consider the bill. · · Mr. HEFLIN. Mr. President, before the Senator proceeds bas done something to deserve a vote of thanks by· Congress will he let me call up a bill? or a gold medal. If he has done it, I am not going to begrudge giving him anything b~ should have. I believe we should be Mr. ROBINSON of Arkansas. I yield to the Senator from generous and give him a medal so be may transmit it to bis • Alabama if it will not lead to any discussion. fumily. Mr. HEFLIN. I ask unanimous consent for the present con- I did not know anything about this matter until Commander r:idera tion of Calendar No. 866, being the bill ( S. 3845) to pro- Byrd discussed it with me. This man has received no· recog­ hibit predictions with respect to cotton or grain prices in any nition and has been shown less appreciation than anyone else report, bulletin. or other publication issued by any department connected with the~e wonderful acbieYements. It does seem or other establishment in the executive branch of the Govern- to me, after this long delay, and considering the heroic achieve- ment. ments involved. that the Senator from Connecticut should with- I\Ir. McNARY. Mr. President, a parliamentary inquiry. draw his objection and let us unanimously pass the bill to Mr. HEFLIN. I am going to be away from the Senate for reward this act of heroism combined with years of bard work two or three days, and I am Yery anxious to get the bill passed and toil. and over to the House, so they can get to work on it there. Mr. BI~~GHAM. Mr. President-- The VICE PRESIDENT. Tbe Senator from Oregon will Mr. ROBINSO~ of Arkansas. I yield to the Senator from , state his parliamentary inquiry. Connecticut. Mr. McNARY. Under .what order are we proceeding? How Mr. BINGHAM: The Senator from Arkansas bas placed a far have we proceeded with morning business? construction on my opposition to the bill that is not fair. I Tbe VICE PRESIDENT. Reports of committees were called never objected to it becanse it was referred to the Committee for, but, the hour of 1 o'clock having arrived, the motion sub- on Commerce. Indeed, that was the committee to which it mitted by the Senator from Arkansas was in orqE:>.r. should baYe been referred. I should have liked to have bad a Mr. McNARY. This despite the fact that morning business bearing before that committee, but due to some misunder- has not been concluded? standing that privilege· was not accorded me. However, that The VICE PRESIDENT. -Yes. bas nothing wllatsoever to do with my objection to it. l\Ir. HEFLIN. The Senator from Arkansas had already Mr. ROBINSON of Arkansas. · "~ill the Senator allow me to moved to take up his bill when I asked him to yield to me, and ask him a question? then we got into this discussion. l\Ir. BINGHAM. So many statements have been made as to Mr. McNARY; For what purpose did the Senator yield? the basis of my objection to this measure being the committee Mr. HEFLIN. To enable me to call up Calendar 866, Senate to which tbe bill was referred, that I think, in fairness, I ought bill 3845. to be allowed to state· that that bas nothing whatsoover to do 1\lr. McNARY. May we have the bill read? with it at all. The only reason why I mentioned to the Com- The VICE PRESIDENT. The bill will be read. . mittee on Military Affairs this morning was the debate had in The· Chief Clerk read the bill by title. · that committee· when the Senator from Iowa [M:r. BROOKHART]' Mr. HEFLIN. The word "grain ~· has been stricken out of introduced a bill a few days · ago- to give the congressional the bill. medal of honor to one of the trans-Atlantic flyers, I think, Mr. Mr. BINGHAM. Mr. President, are we not considering . the Chamberlin. That bill is before the Committee on Military other bill?· I inquire· because, on behalf of the Senator from . Aft'airs. 'Ve cons1dered the subject of what was tbe right thing Rhode Island [Mr. METCALF], I shall have to object to the re- to be done for our trans-Atlantic and transoceanic flyers in order quest of the Senator from Alabama. . to give them that recognition which everybody wants to see them 1\fr. ROBINSON of Arkansas. I yielded to the Senator from have. · · .Alabama to enable him to call up his bill. I am sure that no one will ac-cuse me of wanting to see an · Mr. HEFLIN. I want to make this request in the open. aviator get any less than his due. Indeed, I have repeatedly I am going to continue to make it in the open. I am preparing asked that measures be passed to give aviators their due, and a speech upon the subject, and I want tbo ~ e who are interpos- only day before yesterday I introduced an amendment to the ing objections to the bill to know that I am going to discuss it bill giving th.e German flyers the distinguished flying cross so as and giYe their names. I have their names here in the RECORD, to provide for other aviator-s who bad crossed tile ocean from and I am going to give the reasons why some of them are . objecting. My objection to the pending bill has nothing whatever to do 1\Ir. NORBECK. Mr. _Prestdent, if the S~nator from Al~ba~a Iwith any ~ucb petty tecbni<:alities as the Senato~ from Arkat;tsas will refrain from makmg a speech, I Will vote for hiS blll. seems to Imply. ·when I may secm·e tlle ·floor m my own l'1ght [Laughter.] - · · · · - - · · · · ·· I · desire · to make ·a statement in regard to my opposition to 7374 CONGRESS! ON AL RECORD-BEN ATE APRIL 28 g1vmg a gold medal to that very distinguished American ex­ museum. It was then he resolved to explore the .Arctic unknown. plorer, whom I admire, against whom I hold nothing at all, Nansen's played an important part in leading to this Mr. Lincoln Ellsworth. When the Senator from Arkansas will determination. After two years of special com·ses in the engineering let me have the floor for that purpose I shall be glad to state school of he worked as axman and chainman for • my objections, which are in no way personal or based on any the Grand Trunk Pacific surveys in Ontario and Saskatchewan, this action of any committee to which it was referred or anything being the work nearest in keeping with his ambitions he could then which the :Mllitary Affairs Committee now has before it. secure. Mr. ROBINSON of Arkansas. The Senator has complained •• When this work was completed he spent three months as a leveler that the Committee on Commerce denied him the opportunity and making underground surveys in Pennsylvania coal mines, then fol­ of a hea1ing. I ask if he requested the Committee on Commerce lowed a year when be was assi tant engineer on surveys for the Kouga­ for a hearing on the bill before the committee had reported it? rock Mining Co. of Nome, Alaska. Returning to Pennsylvania from Mr. BINGBMI. I spoke to the chairman of the committee .Alaska, Lincoln Ellsworth built 180 coke ovens in five months for a last year when the matter was up. The chairman of the com­ mm1ng company. The lure of the open and his ambition for explora­ mittee knew I was interested in it. The committee held no tion, ·however, .predominated, and be was successively tran it man of the bearings on it that I was aware of and I knew nothing about Grand Trunk P.acitic exploratory survey, mountain division, which lalCI the action until the bill was reported. Then I asked that the the line from Edmonton west to Yellowhead Pass, Alberta; transit man bill might go back to the committee so I could be heard. But on location of the location survey of Coeur d'Alene Mountains, Wash·.; that has nothing to do whatever with my objection to the bill. resident engineer in charge of party on topographical and town-site .At the same time I wish I might have had the opportunity of work in Prince Rupert, .British Columbia; and transit man and resident presenting to the committee the facts which I shall present engineer on double-track construction for the Canadian Pacific Railway to the Senate when I secure the floor in my own right. in Ontario. Mr. ROBINSON of Arkansas. The Senator may present " During these years he was continually seeking an opportunity to them now if he desires to do so. I wanted to conclude my own organize his own or to become a part of an Arctic expedition. Finally statement, however. I have shown that it is not a matter for he was chosen, wholly because of his personal qualifications, the third the Military Affairs Committee. Even if it had not already been member of the Crocker Land polar expedition organized by George decided by the Committee on Commerce, the Military Affairs Borup. The time before the scheduled start of this quest Mr. Ellsworth Committee would not have jurisdiction. That was prompted by profitably spent studying astronomical observf!.tion under the auspices tile statement of tile Senator from Connecticut tllat the Military of the American Museum of Natural History, meteorology with the . Affairs Committee was preparing a bill or contemplated prepar­ United States Coast and Geodetic Survey, and further took instruction ing a bill which would take care of a number of aviators in an in geographic.al surveying at the Royal Geographlc Society in . omnibus measure. The project, however, was doomed when Mr. Borup was accidentally I do not understand yet the ground of opposition wllich the drowned soon before the proposed start. Senator asserts to the bill. If it is on the theory that the bill " Following this disappointment Lincoln Ellsworth accepted the post provides for a gold medal, and lle would like to do something of field assistant of the United States Biological Survey and for three else, I would not consent to that change now, for it would imply yeat-s stu

of our existence\ It must .be preserved and perpetuated if our well­ right;· that they despise corruption in public -office regardless of party being is not to become imperiled. 1.'be light to entertain our own affiliation. We saw a recent illustration of this. The State of Illinois concept respecting religious beliefs has been advocated by the out­ elected FJ."ank L. Smith as a Senator from that State. He came to standing men of the Nation at every period since its foundation. An Washington, presented his credentials, and demanded his seat in the emphatic declaration upon the subject was made in Jefferson's first Senate of the United States: It was made known to the Senate that . inaugural address. He said that the principles of our_ Government rested while he was chairman of the Utilities Commission of the State of Illi­ -upon "equal and exact jrrstke to all men, of whatever state or per­ nois he aacepted campaign contribution.s exceeding $125,000 from Mr. suasion, religious or politicaL" Later he announced the doctrine of Samuel lnsull, a man heavily interested in public-utilities companies " freedom of religion, freedom of the press, and of the person." In this transacting business in that State, in violation of a State statute pro­ Jefferson does not stand alone. Leaders in every age, without respect viding that no member of the commission should accept any such contri­ to political affiliation, have joined in the advocacy and urge of this life­ bution from an agent or employee of any utility company. On this giving principle as a part of our existence and well-being. Frankness account Mr. Smith was suspended at the bar of the Senate. After a compels all of us to admit that there are those who are engaged in an hearing before the proper committee he was :finally denied the right to effort to proscribe others with respect to religious freedom. Such a take the oath or hold membership. He submitted himself as a candidate course is narrow, intolerant, and death dealing in its results. Nothing befo-re the people of Illinois in the recent primary. His issue was is more dangerous to our peace and happiness. We must hold fast to vind.ication from the reflection thus cast upon him and the sovereign the doctrine that freedom of religion is an inalienable right of every State of Illinois. The Republicans of that State rejeeted him by an free man in this country. When intolerance enters through the door, ·overwhelming majority, thus putting themselves on record as demanding freedom departs thiough the window. Tbe religious news of any man pm-ity among their public officials. It illustrates in a most forceful should not be considered as a factor in the equasion of his usefulness way the truth of my ~eclaration that the people, without regard to as a citizen or suitability as a public official. It should never be taken party lines, want clean government. They want honesty, efficiency, a.ud into account in determining his qualification for public service. To do economy in governmental affairs. The party that can give the largest so strikes at the very warp and woof of our independence. It tend!!! measure of this will find a welcome among the people. On the other - toward internal bondage. So dangerous and destructive is this tendency band, the party that realizes this demand and adheres to it will, in the on the part of some of our citizenry that every right-thinking indi­ final outcome, be the most successful. vidual should accept it as a challenge and throw himself with bi.s The question raised by the action of the Senate in rejecting :M:r. full force against it. It must be annihilated else we beeome impaled Smith is an important one which should receive the serious considera­ with danger. tion of the inhabitants of this State as well as all others. It is held Another condition which concerns our well-being is the startling indif­ by some that the power of the Senate in its inquiry into the right of ference oli the part of the masses with respect to exercising the right a Senator eleet to take his seat is confined to his age, residence, and of suffrage. Statistics tell us that less than 30 per cent of the qualified inhabit:rnce. This is df'nied by others who believe that no such limita­ electors throughout the country have voted during recent years. This tion applies. I have reached the conclusion that, under the two perti­ is a terrible indictment and yet it is literally true. The laxity with nent seetions of the Constitution, the Senate is not limited, but may which people have treated this right of freemen is appalling. It be­ reject upon any ground sufficient, in its judgment. One section of ..the comes increasingly alarming when we realize that the safety of the Constitution provides that in order to be elected to the Senate of the c<>untry lies in having a live. active. virile citizeiJI'y awake to the needs United States a person must be more than 30 years of age, nine years a of the hour and jealous in their perpetuity. When m<>re than 70 per citizen of the United States, and an inhabitant of the State from 'Cent of those who are entitled to vote fail to exercise that right, it which be is elected. Another section provides that each branch of the augers for bad results. But, you say, what is the remedy? How can Congress shall be the sole judge of the election, returns, and qualifi­ this ill be cured? My answe1· would be a recrudesence in the study of cation of its Members. In my opinion the one provision should not ·the history and policy of our Government, both State and National. I be regarded as a restriction upon the other unless that was manifestly fear that the rapid schedule ov€r which we travel has tended to cause the intention of the framers of the instrument, or unless it is necessary us to push aside consideration of such matters, making them give way to do so in order to give harm<>nious effect to the two provisions to other things having a m6re direct bearing upon our immediate affairs. involved, as well a:;; the entire instrument. I believe no such condition Obviously we can not appreciate citizenship in our country, nor respond is presented here. The provision with respect to age, residence, and to its rightful demands, unless we know and understand something of inhabitance is a restriction upon the several State . It provides that ·our Government; the things for which it stands; the protection which no one of them sr all elect a person to the Senate unless he bas attained it grants. Neither can we give ourselves to the solution of any of the that age, has been a. citizen of the United States for that period, and problems of the day unless we learn something about them. A study is an inhabitant of his State at the time of his election. That plainly of public questions is essential to a well-guided leadership. Incidentally is designed to bring about unity among Senators. It is intended to we have some gigantic problems just now. They command the serious prevent one State from providing certain qualifications, like the owner­ application. of our entire population. Some of these are Muscle Shoals, ship of real estate, being the head of a family -or other provisions of Boulder Dam, Mississippi River, reduction of taxes, and other matters that character, while another State might provide an entirely different too numerous to justify enumeration here. In addition the so-called St. set of requirements. The restriction, according to my belief, is direeted Lawrence River waterway problem, a matter nearer to yourselves, soon against the several States. It in no manner affeets the House or will confront us with a demand for its solution. Too, we must evolve Senate. The other provision is directed to each brancll of the Con­ a definite policy concerning our foreign relations. Much is being said gress. It is a grant of powe-r to inquire into the election, retu1·as, and about our position in Nicaragua. It is discussed almost daily in the qualifications of its M<'mbers. There are no limitations to be found Senate. Do the people generally have a settled opinion as to whether there. The grant is without restriction. The result of this pt·ocess of we were justified in sending marines there originally, also as to whether rea oning is that the two provisions of the Constitution can be given we are now justified in keeping them there? Have they determined full force and -effect without the slightest conflict and the entire instru­ whether our action in this regard is in harmony or in conflict with the ment can be brought to a harmonious result. In such case there is no Monroe doctrine? How can they help determine that question without occasion for adopting a construction which makes one provision restrict becoming familiar with the facts; and yet it is their very affair. I or abridge the other. urge a more diligent study of public questions, with the result that the· The action of the Senate, which received concurrence of the majority masses of people shall know more about them and can take a more of that body, may not -express the interpretation of the statute desired active part in their solution. The best means of accomplishing this is by the people. Accordingly, attention should be arrested, discussion an active participation in political party activities. I do not mean to provoked, and sentiment molded to the end that correction shall be advance the cause of any political party. It would be highly inappro­ made in the proper and orderly way. That is my. purpose in bringing priate for me to do so bf:re. I apprehend that there are many Demo­ the subject matter before you this evening. That is my sole desire. crats and numerous Republicans listening to me. You are here without Captain Parker and his comrades, as well as all other patriots who reference to being party adherents. suffered and sacrificed, fought that a nation might be founded here I do not covet having the air in this beautiful room surcharged with upon the principles of freedom and independence. That was their partisan politics when I have concluded my remarks. I content myself joint purpose and common hope. Among these was the right of every with urging an active alliance with one of the dominant political freeman to raise his voice without interference in the solution of all parties. In other words, it is my belief that we should have party public questions. They demanded that no feudal system should find control and party responsibility. Let the party in power, possessed of its place here. It was upon those lofty principles that this counb·y the faci1ities with which to serve the public, be responsible to the people. started upon its national course. During recent years the country was Neithet· am I urging that every man run for public office. I appeal to utterly astounded at the excessively large sums of money that were the laymen of the country, who are bearing the burdens of the day, to gathered and exPended in connection with the election of certain candi­ become more active in public affairs and devote more of their time and dates for office. Nothing comparable with the enormity of these sums talents to the welfare of society, because politics always affects society. was ever known in the entire history of the land. This means cor­ Demand clean men of the highest order as candidates and straight, clean­ ruption and debauchery. It means dishonesty in public life. Such cut issues. . When this is done I shall entertain no fears about the things run squarely afoul with the principles for which our forefathers welfare of the country. I have implicit confidence in the American suiiered and bled. It means that they struggled in vain. Such acts people. I hold that the heart of the American people is sound and of corruption and debauchery, regardless of the political party in which 7382 CONGRESSIONAL RECORD-SENATE APRIL 28 they are found, must meet with a stern r ebuke. They must suffer When Volstead and W.ayne B. Wheeler drew the law on the demand universal condemnation. They must be stricken down, else the prin­ of the Anti-Saloon League they put in a provision that all the field ciples upon which our Government rests will be subordinated to them. force engaged in actual enforcement and not mere clerical duties should The two can not stand together. be excepted from the provisions of the civil service act-that is, that While we are engaged in r eviewing the history and wonderful achieve­ it should become the object of mere congressional or other political ment of our country, I address myself to another matter which I deem patronage. '.rhe Anti-S.aloon League feared that perhaps under civil­ to be vital. I refer to the startlingly rapid growth of bureaucracy. service examinations some agents or other officers would get in who This is a danger that is lurking but always present. There bas were not in favor of prohibition. The Anti-Saloon L eague wanted been a steady and never-varying policy during the last decade to none bot its own creatures or adherents and believed it could get these create bureaus and commi sions at Washington and elsewhere through­ by patronage and favor better than by impartial tests. Therefore at out the country to administer law upon every conceivable subject. It this time it favored excepting these places from the civil service law. has been the policy of the Congress in the enactment of laws to create Congressmen would no doubt help them to get good prohibitionists who a bureau or commission and then provide that such agency shall would do just what they wanted. 'l'hey thought they could control administer the law under such rules and regulations as it may pre­ these appointments themselves. So these propagandists of temperance scribe. This is the tendency of a great percentage of the mo"dern and Christian morality joined bands with the spoil men. No doubt legislation. The result is that rules and regulations are promulgated ; some of them would have been in favor of the merit system then, but they have the same binding force and effect as a statute duly enacted Wayne B. Wheeler told them, as he also told us, that it was not " prac­ by the Congress. These bureaus are always grasping for additional ticable." Various Congressmen who wanted these places for their own power. They are never satisfied. They constantly desire an expansion retainers told the heads of the Anti-Saloon League tha t they could not ot their prerogatives. This has become so true that they are not serv­ get votes enough to pass the Volstead bill if they did not let the Con-· ants of the people, but masters of the people. They master you, and gressmen have the appointments. This was not true. Public opinion yet you never have the opportunity to vote for or against them except at that time demanded the law so strongly not only as a temperance in a most indirect and remote way. We now have hundreds af. these measure but as a war necessity that these Congressmen would have agencies busily engaged in supervising all kinds of industrial and com­ been left at home had they refused to support it. The immense ma­ mercial activities. For this millions of dollars are spent annually. jority in Congress and all the State legislatures which supported the This danger has been r eferred to as the sleeping paralysis of the eighteenth amendment had shown this. But the timid representatives Republi.c. I fully agree with the characterization. It is subtle in its of the Anti-Saloon League trembled in their boots under the threat steady grasp but increasingly firm in its mastery of every avenue of gov­ and gave to the Congressmen all the plunder they w.anted in the shape ernment. If I can arouse you to this one danger and send you away as of offices in return for their votes. apostles of warning, I shall be abundantly recompensed for my time and This transaction had many of the moral attributes of bald, naked travel in coming here. bribery. The moral principles of the church organizations taking part I have not essayed to be oratorical. It has been my purpose to in the political deal seemed to be limited to one thing-to prohibition. leave some thought with you upon which you may dwell after I have This sacred cause justified any means, however discreditable, to accom­ departed. If anything I have said will provoke thought or discussion plish it. Political corruption and debauchery were unimportant in com­ among you, I shall have accomplished my purpose abundantly. May parison, and they migllt even be tolerated and encouraged. The preach­ your State continue to be prosperous; may you continue to be happy ers and bishops who took part in this trade might have called it in personally and useful in building a greater civilization. others "Jesuitical." PROHffiiTION ENFORCEMENT '];be places thus made political plunder were financially of immense value. Officials in the Prohibition Unit have made many millions of Mr. BRUCE. Mr. President, I ask that a statement made in dollars by prostituting their officers and aiding the bootleggers to defeat Philadelphia on April 24, 1928, by 'Villiam Dudley Foulke, of the law. They have been participants in fraud, hijacking, piracy, Indiana, formerly a member of the Civil Service Commission, and murder. Witness the testimony given in countless criminal trials in relation to the bill now pending in the Senate, proposing to in which they were involved. cover in the prohibition agents who failed on the recent civil­ When these public officers were thus sold to venal politicians, what service examination, be printed in the RECORD. happened? At the time the Volstead Act was passed the Democrats There being no objection, the statement was ordered to be were in power, and these thousands of places were distributed by Demo­ printed in the RECORD, as follows: cratic Congressmen among their Democratic henchmen, who waxed fat SELECTION OF PROHffiiTION ENFORCEME~T OFFICERS upon the proceeds of their venality. When Harding came in the Demo­ When George William Curtis, Carl Schurz, Theodore Roosevelt, and cratic rascals were turned out and Republican rascals turned in to fill thclr associates first undertook the work of civil-service reform, what their places, waxing fatter still, t'or they had a much longer oppor­ was their primary object? To eradicate the spoils system. Of this tunity. The enforcement service became putrid in its corruption. system Lincoln had said, pointing to the crowds of office seekers who True, it still contained some honest men who risked their lives to carry beset the White House, "There is a graver danger to our Republic than out the law; yet in general it w.as so corrupt that the very name of the rebellion itself." ''The bribery chest" (as Roosevelt called it) of prohibition agent soon became a byword for venality. President Harding tile hundreds of thousands of officers was at the disposal of the mem­ declared that this nonenforcement and betrayal of the law bad become ·bers of the party in power to use for their own purposes in corrupt­ a national scandal. ing the whole electorate by holding out these places as the rewards of The Anti-Saloon League kept telling us month after month, year after political activity· and support. The inefficiency of the service and the year, that things were getting better while we all knew they were get­ wasteful expenditure of the millions required to sustain it was a mere ting worse. Deaths from alcoholism were increasing, arrests, prosecu­ incident; the gravamen of the evil was that it infected the moral and tions, convictions, and violations of the law kept growing constantly. patriotic fiber of the Republic. Think you that those who devoted so Intemperance, which at first had declined rapidly, soon began to in­ much of their lives to this cause without hope of reward would have crease, and as shown by · police-court records, kept going back again, done so for the mere purpose of saving the Government some money or year after year, closer and closer to its pl-e-Volstead level, while crimes som'ewhat improving the output of public service? No ; it was to of far graver character, homicides, burglaries, bank robberies, and hold­ save the lifeblood of America from the infection of the spoils of office. ups increased as never before until tbet·e are more than 10,000 homicides A gt·eat deal has been accomplished. Over 400,000 places in the every year. Of course, all of this was not due to bad men in the Pro­ Federal civil service have been withdrawn from patronage; nine hibition Service, but they had much t() do with it, not only as par­ State and a considerable number of cities have been more or less pro­ ticipants but by encouraging that general defiance of law of which they tected by the substitution of competitive tests for political appoint­ furnished such nauseating and conspicuous examples. My friends, you ments. Bot the work has not yet been half done. Indeed. there are know these things are true, you know that this set·vice was thoroughly evidences everywhere that the enemies of clean government are attack­ debauched. ing us to-day with a fury and venom as dangerous as in the first days Now, who was responsible? Not only these degraded and criminal of our struggle. officers of the rrohibition nit, but the Congressmen and other politi­ Nowhere has this more clearly appeared than in the Prohiblti()n cians who recommended them for appointment, and the Anti-Saloon Enforcement Unit. Let us review fot· a moment the history of that League which afterwards certified to the high qualifications of vast branch of the service. numbers of these precious scoundrels before they could get their ap· I shall say nothing of the intrinsic merits of prohibition itself; but pointments. It is true that after a while the Anti-Saloon League and while the amendment and the laws exist it is the plain duty of the Wayne B. Wheeler, its counsel, found out their mistake, and then they Governm'ent to enforce them and to appoint for this purpose a corps claimed that they had been in favor of the merit system all the time of officials, competent, honest, and energetic, who will devote their but had been overawed by the representations of Congressmen that they energies to this enforcement and not to lining their own pockets by could not get votes enough to pass the bill unless they gave Congress bribery-not to help carry the district for their Congressman nor to the patronage. That made their conduct only more reprehensible. If advance the interest of the person or party to whom they owe their they had honestly believed in the spoils syst~m, there might have been appointments. And yet the latter things have been the objects to which some excuse, but thus to become the traders of offices for votes when their official activities have been hitherto largely devoted. Why is this? they knew it to be wrong was not only weak but immoral. 1928 CONGRESSIONAL RECORD-SENATE 7383 And after they found out how badly the spoils system worked, what problem to test the applicants' judgment, It may well be asked whether did they do? They introduced a bill to claa ify this service and to applicants like this should be 'covered in' by special act of Congress. cover into it all the precious rascals who bad been appointed under the " Of course, mistakes may be made in the ratings of some of these spoils system and thus make more pe1·manent the iniquities they had applicants-when this is true, they can be remedied by rerating when brought into the service. We opposed this bill with all our power and the commission is satisfied that a mistake has been made and this has it was not enacted. Then they took a further step by way of compro­ been done in many cases, but to say that good and bad must all be mise. They offered to let the mere subordinates be examined in com­ kept in office is as ridiculous as to say that there ought to be a general petition with outsiders but l)roposed to " cover in " all the more im­ jail delivery because one or two convicted men were found to be innocent_ portant and higher administrative officers. But it was in these high "For in spite of the practical character of the examination there places that corruption was most rampant. Many of those higher up are some, even among those who have heretofore protested their devotion were the most guilty of all, and we were just as unwilling to keep in to the merit system, who say, not merely that the commission should these more important miscreants as we were to keep in their less guilty make the examination easier and give these incom~tents another chance subordinates. So we urged President Coolidge to recommend to Con­ (that would be bad enough), but that they should thus be 'covered in' gress that the whole enforcement unit be classified and that all the despite their ascertained unfitness by a special act of Congress which officers in the llureau, high and low, should have to compete with other would thus perpetuate the scandals they have already created. applicants from the outside on equal terms. He made this recommenda­ "Two bills have been introduced in Congress for this purpose, one tion in two successive messages. 1n the Senate by Senator BROOKHART, of Iowa (S. 1995), and the other 'rhe spoilsmen in Congress were now in a dilemma. They could not (H. R. 11193) in the House of Representatives by Mr. ROBINSON of vote to perpetuate this bureau thus defiled with iniquity and at the Iowa. These were referred to the Committees on the Civil Service · of same time keep the support of their constituents, and so they delayed as the two Houses, respectively, and the Senate bill bas already been long as possible and finally voted in the last session of Congress for the favorably reported, and is likely to pass at any time. 4 bill we wanted. ' By this proposed bill all the enormous expenditure authorized by this Congress already appropriated and spent to bold the examinations NATIONAL CIVIL SERVICE REFORM LEAGUE, is to be thrown into the wastebasket. New York City. "Moreover, the outsiders who took the examination in good faith To the EDITOR : are entitled to COJ!sideration in connection with filling these positions The following is an extract from an address by Hon. William Dudley and it would be monstrously unjust to permit the offices to which they Foulke, of Richmond, Ind., to the Council of the National Civil Service are entitled to be filled in violation of their rights by the retention of Reform League at its meeting in Philadelphia on Tuesday evening, those who are now filling these places. Nothing could more discourage April 24. Mr. Foulke, who is a former president of the league and honest competition nor more deeply discredit the merit system than a former member of the United States Civil Service Commission by such dishonorable treatment. appointment of President Roosevelt, first reviews the entire history "Yet the critics take no account of this at all. They tell us, more­ of the scandals in the Prohibition Enforcement Bureau, due to political over, that civil-service reformers have now got quite beyond the need manipulation and the facts that led up to the recent examinations of protecting the country from spoils into that purer region where they h eld by the United States Civil Service Commission ~r the incumbents may confine their energies to devising a • system of scientific employ­ of prohibition enforcement offices. After reciting the fact of the ment.' As if such a system were of any value whatever where the passage of tbe bill requiring examinations at the last session of Con­ regime of l)Olitical plunder still holds sway. The argument by which gress, Mr. Foulke goes on to say: these critics would continue the perpetuation of Sl)Oils is this : 'The evi­ "A filibuster in the Senate at the close of the last session prevented dence as to the efficacy of former tests,' they say, 'is none too reassur­ the passage of the deficiency appropriation bill and the Civil Service ing. Every investigation which has been made shows that the written Commission was deprived of the means of providing the necessary ex­ tests in use are highly unreliable. Were the prohibition officers tested aminations. They went ahead as far as they could and some examina­ actually ignorant or were the tests themselves seriously at fault as tions for the higher administrative officers were held, but examinations measuring instruments? Would it not be better to let the operating for the great mass of subordinates could not be held until the present officer decide who should go and who should stay?' Now, if operating session of Congress, when af last that body passed the deficiency ap­ officers were always fre.e agents, honest, impartial, and skillful, they propriation bill and gave the commission the necessary funds. Year might make the selection better than could be done by any formal tests. after year bad gone by, nearly eight in all, and at last the commission But they are not free agents, but are subject to politicians high in office, bas begun to bold examinations. The first of these was the written appointed under the patronage system. Can these politicians be trusted test to show the intelligen ce of the applicant. This examination was to eliminate the patronage that has given them their places and to to be followed by inquiries into his personality and character. retain only the best employees 1 Will they not select and retain their "What happened after this first examination? It was found that subordinates on the orders-recommendations they are called, but woe to not less than two-thirds of the worthies foisted upon the country by him who disregards them--of the politicians, Congressmen, or bosses Congressmen and other politicians, with the cooperation of the Anti­ who gave them their own l)OSitions, in such a way as will best please Saloon League, were incapable of answering correctly even 60 per their patrons? They are not impartial nor disinterested. cent of the wrjtten questions asked. It became evident that they were "Often the operating officer can not even turn out the rascal who bas devoid even of the necessary intelligence to perform their duties, to dishonored the service lest some Senator, Representative, or other say notlling of their honesty and moral qualifications. What a com­ politician will demand his reinstatement and the officer, fearing that be mentary on political patronage! may himself looe his place, weakly submits to what the politician re­ "And now the spoilsmongers, driven to the wall, betake themselves quires. to the pitiable excuse that it was not the fault of these officials that " Even if it were true, as our critics say, that 'prohibition autbOiities they could not pass, but of the Civil Service Commission, who bad declare that the Civil Service Commtssion has eliminated employees made these examinations too bard. And the questions asked, it was whom they think highly of about as frequently as those whose perform­ said, were not proper tests at all. That is the same wretched pretense ance is not satisfactory,' this would mean little, for some of these that has been made for now, nearly 40 years, by every patronage operating officers themselves seem to think highly of those who have peddler in America. It is the same false accusation that was utterly aided them in the perpetuation of political spoils. But it is not true that refuted by Theodore Roosevelt when be was Civil Service Commissioner, the ' prohibition authorities ' have in general given this kind of testi­ and it bas been overthrown ever since ·wherever it lifted its venomous mony. As a rule the tests given have generally weeded out the least bead. efficient. And in the formation of the tests the commission has bad the "Of course, no perfect tests have ever been devised, nor can they be. aid, sympathy, and support. of high prohibition authorities. But the questions asked of these applicants referred only to the duties "Another argument of our critics is this: • It you exclude an the they were expected to perform and were eminently practical and reason­ men who could not answer even 60 per cent of the questions there able-witness the following : may not be eligibles enough to carry on the work and prohibition •· 'Assume that you are a prohibition officer working occasionally with enforcement will be demoralized for months.' agents .Jenkins and Thompson, both o(. whom you have known for about " How could this be? The men now in office, of course, will be six months. During the progress of an important investigation upon retained until · the new list of eligibles is ready and the new appoint­ which all three of you are engaged, agent .Jenkins approaches you with a ments made. statement that Thompson is crooked and is negotiating regularly with "And it would be far better to have the Prohibition Bureau demoral­ violators of the national prohibition act. Assume such facts as you may ized. for some months than to have it demoralized permanently by desire, not inconsistent with those given here, and state in approximately keeping in the present variegated assortment of politicians appointed 150 words what, in your opinion, you should do under the circum­ by politicians fot· political or personal ends. Nearly all the men in stances.' · the service, high and low, are Republicans. Most of them are spoils­ " Can you devise anything fairer to test general intelligence such as men who accepted office given to them as a personal and politic.al favor. would be required of an applicant for the place of prohibition officer? How can you trust these men to eliminate the unfit through their "Yet one of the applicants in far less than 150 words answers the own action and keep in only those who are qualified? Have they question: 'There is no truth in the charge.' Though this was a mere done it during all these. years 2 7384 CONGRESSIONAL RECORD-SENATE APRIL 28 "The wiseacres who are criticizing the commission's examination the patronage system prevailed in every prohibition district throughout rather than repudiating the ignorant applicants who failed to pass, say the country and that my territory would not be an exception.' that the examination must have been a bad one because the mortality "Major Mills now gives a list of the various convicted criminals was highest, not in the wet East where corruption was common but and other jailbirds who were foisted on him by the Republican in the South and West where prohibition is favored. What sort of politicians. an argument is this? The examination held by the commission was "'A typical recommendation for a dry agent's job is one from merely a test of their intelligence. No question regarding their per­ Chairman Livingston: " This is to certify that Samuel Gross is an sonality or characwr was included in it at all. These questions were enrolled Republican." If the candidate was not hired, a long series of to come later with the oral examination and with the character in­ letters and telephone conversations resulted. If he was fired, two and vestigation. How is a test of a candidate's general intelligence all'ected three times that volume of forensic literature developed. • • • by the opinions in regard to prohibition of the section of the country Prohibition as at present operated is a party spoils system. Three­ from which be comes, or even by his own opinions or by those of his fourths o! the 2,500 dry agents are ward-heelers and sycophants, named ' angel '-Congressman or otherwise--who has secured the place for by the politicians, and the politicians, whether professional1y wet or him? Who will say that either the drys or the wets have any special professionally dry, want prohibition, because they regard prohibition monopoly or advantage in general intelligence? When the advocates as they regard postmasterships--a reservoir of jobs for henchmen and of retaining these spoilsmen are so hard put to it that they have to as favors for fr!ends.' resort to such claptrap as this for argument, it is safe to conclude "It is hardly necessary to add that the politicians secured Major that their logic n1ay be very weak in other particulars. Mills's removal. · " But even if it were desirable that all of these political appointees "That the bureau is largely filled to-day with grafters is evident should be covered in, although they C()uld not pass the examination, from Commissioner James M. Doran's statement last January to the there is no need whatever of a new act of Congress to accomplish tbi~; United Press, in which he says, criticizing the Civil Service Commis­ great eleemosynary scheme for the protection of the incompe.tent. The sion, 'The examinations have created a corps of discontents and President has full power to cover them all in under the law as it stands. grafters. These men have been advised by the commission that they The civil service act provides that the President may except any per­ failed in the examinations and sooner or later must leave the service. son or persons from its provisions. Why do the critics insist that Consequently they are discontented, and many are " selling out." ' Congress shall direct him to do it? It is because they know that he " Why would they be selling out unless they were already venal and does not desire to keep these places any longer in the hands of politi­ corrupt? The bureau is at this very moment honeycombed with men cal spoilsmen, for he has already twice recommended in his message who are betraying and ready to betray their trust. that the tests should be given equally to all, to those already in the " Commissioner Doran is further quoted as saying of the civil­ service and to applicants from the outside. service examination, 'It is certain to cause discontent and make " Which can best be trusted, a President like Mr. Coolidge, who potential grafters among the rejected personnel.' seeks no new term of office for himself and is quite above the thirst "As the New York Times remarks in an editorial, ' Could there be for peddling patronage in the Prohibition Bureau, or rather the poli­ a sweeter testimonial to the virtue of his flock? ' Why should the ticians in Congress, many of whom still want it for themselves? authors and beneficiaries of this corruption remain and keep their ill· Shame on the man who urges these specious arguments in order to gotten appointments in spite of their proved incompetency? Why perpetuate the iniquity which exists to-day. should they be in a better position than competent outsiders who are " It is said that some of those in the Prohibition Bureau (who are able to pass the examinations in which they failed? themselves political appointees) complain that the Civil Service Com­ " 'The results,' says . the critics, 'are too uncertain to justify the mission did not consult them in preparing the examination questions. use of the tests for eliminating employees who have undergone an Should the commission confide in the impartiality of men appointed expensive training course and have met the requirements of their by partisan politics to keep the service out of partisan politi.cs? Should superiorS-' The course has indeed been expensive, not only in the they trust without discrimination the officials of a bureau so deeply money wagted by corn1ption but in the degraded morality and general honeycombed with inefficiency and corruption to help prepare tests lawlessness whose contagion has infected the whole body politic. And which would undo their own evil course? Should they have the oppor­ now we are told that we must not eliminate in this manner the political tunity to disseminate among officials and employees of this bureau a hirelings who have 'met the requirements • of their political patrons. knowledge of what the questions were to be so that some unworthy These requirments have too often involved not only mere partisan member could inform favored applicants just how to answer them? activity but even the willful violation of the law they are sworn to The commission did well to keep its own counsel and prepare its tests enforce. with advisers of its own selection both in the bureau and outside. "Need it be said that this sort of an argument, whether it proceed " It is said that it is the general custom to 'cover in' all those. 1n from a willful desire to cripple the civil-service system and discredit service when a particular branch is classified and that to require them its advocates or merely from -ignorance of the inevitable results of such to compete with outsiders is quite unusual. That is true in branches evil counsel, will be hailed with delight by every political plunderer of the service that have done their work with reasonable efficiency who is anxious to see the spoils system retained and the deep infamy of untainted by gross scandal, though there are many instances where the prohibition service indefinitely perpetuated. The views of the man tbe employees have been required to compete with outsiders to retain who promulgates such doctrines should neither be indorsed nor followed their places to the manifest advantage of the service. But the Prohi­ by those who love the honor of our country." bition Enforcement Bureau bas been for years thoroughly debauched and corrupted. FABM RELIEF "Do you say this is all past history and that we have now an 1\lr. BAYARD. 1\lr. President, I ask unanimous consent to administration which is redeeming that past and that all will go well have printed in the RECORD a very interesting letter from 1\Ir. hereafter? We have heard that song for years, and if the corps of B. F. Yoakum in relation to the McNary-Haugen bill. miscreants who have caused these scandals are now all covered/ in, The VICE PRESIDENT. Without objection, it is so ordered. to be dismissed only by those already in the service, we will hear it for The letter is as follows : another generation. NEW YORK, April 1!3, 19B8. "It was only last September that Maj. Chester 0. Mills, who had been appointed Federal administrator in the largest district in America, Bon. GILBERT N. HAUGEN, thus reports its condition : Ohairm-an of the Committee of .Agr:iculture, " • Gen. Lincoln C. Andrews, who was then in charge of prohibition House of Representatives, Waslzin.gton, D. 0. enforcement, had notified the public,' says Major Mills, ' as he had DEAR MR. HAUGEN: Knowing how sincerely you !avor farm relief and repeatedly assured me, that politics would bav.e no place in enforce­ how earnestly you have worked to that end, I want to say before the ment. • • • Gradually orders to exclude politicians were modified. final "die is cast" that many of us who could not supp()rt the McNary­ I was told to advise with the local party leaders regarding appointments Haugen bill hoped that some measure might be reported. . by your com­ to the force of 240 men working under me. • • • In scores of mtttee that would overcome its objections and put the business of farming cases involving useless and venal agents, suspected alcohol promoters, on a permanently self-supporting basis. . and outlaw breweries I felt the working of the political machine, whose The present bill, while meeting some of the objections which the wheels do not grind slowly, although they grind exceeding fine. President in his veto message of the original McNary-Haugen bill Through weeks and months contests with the politicians multiplied, pointed out, is in its basic principles and most important features bickering increased, until finally action taken against the worst agents. unchanged. I have ever encountered provoked the politicians into open mutiny. The "equalization tee," which the Attorney General pronounced un­ • * * They complained that out of the 240 men in my district, constitutional, remains. True, an alternative plan is provided, but, as nearly one-tenth of the entire Federal dry force, 103 were Democrats. you said in your letter to the Greene County (Mo.) Farmers' Associa­ The full roster was submitted to the bosses for inspection. There tion, the backers of the measure believe that this fee is "the all-essential were only 12 Democrats on the force. • • * General Andrews feature of the bill." I see that you have included a clause that if any ordered me to consult Charles D. Rilles, the national committeeman one provision is held invalid the remainder of the act shall stand. But of the Republican Party from New York. Mr. Rilles and I had a. con­ as this " equalization fee " is still the backbone of the bill, if that is ference lasting two and one-half hom·s. * • • He pointed out tha! declared unconstitutional it would be mainly loan legislation. 1928 CONGRESSIONAL RECORD-SENATE .7385

· If the "equ::tlizatlon fee •• remains, its collection ·would not be im­ farm'ers the power and authority to ~onduct their own marketing on posed during high' prices ; therefore the farmer would be taxed at a time business principles, such a measure would meet with the general ap­ of low prices, when he is least able to bear it. He would have no say proval of the people and I believe that of the President. as to when this tax would be imposed, as the Federal Farm Loan Board Sincerely yours, would have the power to declare a marketing emergency and impose the B; F. YOAKUM. fee, with or without the request of the commodity advisory councils or MESSAGE FROM THE HOUSE representatives of the producers. The door is thus opened for the worst kind of tyranny, taxation without representation. A message from the House of Representatives, by 1\Ir. Chaffee, Under the new bill the producers would have no voice whatever in one of its clerks, returned to the Senate, in compliance with its the choice of this board which would control the destinies of millions of requests, the following bills: farmers. It would be, like various other Federal commissions, puTely S. 35ll An act granting the consent of Congress to the State appointive. 'Mr. Coolidge would, we may be confident, name men he Highway Commission of Arln!nsas to construct, maintain, and considered best fitted for the task, but some other Executive might not operate a bridge across the White River at or near Cotter, be so scrupulous. The board would necessarily be political in character Ark.; and might become an ideal resting place for " lame ducks" and poli­ S. 3723. · An act to amend and reenact subdivision (a) of sec­ ticians whose alleged friendship for the farmer is their chief stock in tion 209 of the transportation act, 1920; and trade. H. R.12632. An act to provide for the eradication or control With the equalization fee out the bill becomes principally a matter of the European corn borer.

James 0. FitzMam·ice, and Hermann Koehl was passed, and Page 22, in the case of Hubert L. Bas~ett, strike out th.e I that the bill be indefinitely postponed. figures " 20 " and in lieu thereof insert the figures " 12." The PRESIDING OFFICER. Without objection, it.Js so or- Page 23, in the case .of Sarah R. Bates, strike out the figures : dered. · · " 20 " and in lieu thereof insert the figures " 12.'' PENSIONS AND INCREASE OF PENSIONS Page 23, in the case of Charles E. Finch, strike out the figures i " 20 " and in lieu thereof insert the figures " 12.'' 1\Ir. NORBECK submitted the following report: And the Senate agree to the same. The committee of conference on the disagreeing votes of the ARTHUR R. ROBINSON, two Houses on the amendments of the Senate to the bill (H. R. PETER. NORBECK, 10141) granting pen ions and increase of pensions to certain M a~gers on the pari of the Senate. soldiers and sailors of the Regular Army and Navy, etc., and HAROLD KNUTSON, certain soldiers and sailors of wars other than the Civil War, J. M. RoBSION, and to widows of such soldiers and sailors, having met, after WM. C; HAMMER, full and free conference have agreed to recommend and do M ann.gers on the part of. the House. recommend to their respective Houses as follows : That the Se-nate recede from its amendments numbered 4 The report was agreed to. andl2. AMENDMEN'l' OF TRANSPORTATION ACT, 1920 That the House recede from its disagreement to the amend­ ments of the Senate numbered 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, l\fr. CO~ELAND. Mr. President, I gave notice the other day 16, 17, 18, 19, and agree to the same. t~at I desired to have a reconsideration of the vote by which the Amendment numbered 15: That the House recede from its bill (S. 3723) to amend and reenact subdivi ion (a) of section disagreement to the amendment of the Senate numbered 15, and 2?9 of the transportation act, 1920, was pas ed, and to have the agree to the same with an amendment as follows: In lieu of the b1ll recalled from the House. As the time is very short I ask figures proposed to be inserted by said amendment insert if it will be acceptable to the Senator from Maryland' if we "$60"; and the Senate agree to the same. let that go over? Amendment numbered 20: That the House recede from its Mr. BRUCE. I think we could discuss it very briefly if the disagreement to the amendment of the Senate numbered 20, and Senators who are interested in the Boulder Dam bill' would l agTee to the same with amendments as follows : allow us a few minutes. Page 2 of the engrossed amendment, in the case of Arthur E. Mr. COPELAND. 1\ty only purpose in calling this bill back Wilcox, strike out t11e figures "12" and in lieu thereof insert is to offer some blief amendments which would place the Clyde the figures " 20." Mallory, and Southern Steamship Lines on the same basis a~ Page 7, in the case of Catarino Armijo, strike out the figures the Merchants & Miners Transportation Line included in this "12" and in lieu thereof insert the figure "6." bill. If I may ask the Senate unanimous co~sent to have the Page 7, strike out the language " The name of William L. vote by which the bill was pas~ed be reconsidered, in order that Curry, late scout in the United States• Army, Nez Perce Indian these amendments may be entered, I shall do so. war, and pay him a pension at the rate of $30 per month." The PRESIDING OFFICER. Is there objection to the recon- Page 7, in the case of George W. Peck, strike out the figures sideration of the vote by which the bill was pas ed? " 30 " and in lieu thereof insert the figures " 20.'1 Mr. BRUCE. Indeed, I object most strongly. Page 8, in the case of Andrew J. Stewart, strike out the fig­ The PRESIDING OFFICER. There is objection. ures " 30" and in lieu thereof insert the figures " 20.'' Mr. BRUCE. Request was made · to recall the bill from the Page 9, strike out the language "The name of Joseph Baker, House, as I see it, without any valid reason at all after it had who served as Indian scout, United States Army, and pay him a been passed by the Senate, and I propose, of cour e, to resist a pension at the rate of $50 per month.'' motion for a reconsideration. Page 10, in the case of Ella M. Beckett, strike out the figures 1\Ir. COPELAND. I coupled with my request for reconsidera­ "30" and in lieu thereof insert the figures "20." tion the suggestion of the adovtion of these amendments, so as Pnge 10, in the case of Effie I. Disney, strike out the figures to place all the e lines on the same basis. I would have no " 30 " and in lieu thereof insert the .figures " 12.'' de-sire to interfere with the passage of the bill. Page 10, in the case of .Anrul. M. Sherman, sb.·ike out the fig­ The PRESIDING OFFICER. There is objection to the recon­ ures " 30" and in lieu thereof insert the figures " 12.'' sideration of the vote. Page 11, strike out the language" The name of John L. Bax­ Mr. COPELAND. Mr. President, may I ask for a reconsidera­ ter, lnte a scout with the United States Army, Bannock Indian tion of the vote by which the bill was passed and the adoption war, and pay him a pension at tfle rate of $20 per month to of these amendments in the same motion? commence March 4, 1927.'' Mr. FESS. That can not be done, Mr. President. Page 11, in the case of Frank H. Wilson, strike out the figures The PRESIDING OFFICER. It must be in the form of a ·" 17" and in lieu thereof insert the figures "12.'' request for unanimous consent and not in the form of a motion. Page 18, in the case of Wilbur B. Swafford, strike out the Mr. COPELAND. Is there objection to that? figures " 30 " and in lieu thereof insert the figures " 20.'' Mr. FESS. That can not be done, Mr. President. Page 18, sh·ike out the language " The name of Bascom Mr. BLACK. 1\Ir. President, I do not like to object to a Prater, late of Company E, Second Regiment Kentucky Volun­ request of that kind, but I was the only member of the Com­ teer Infantry, and pay him a pension at the rate of $8 per mittee on Interstate Commerce who voted against a favorable month.'' report on the original bill. Page 20, strike out the language "The name of Edward L. The PRESIDING OFFICER. The hour of 2 o'clock having Schmiedemann, late of Company B, First Regiment Nebraska arrived, the Chair lays before the' Senate the unfinished busi­ National Guard Infantry, and pay him a ·pe:nsion at the rate of ness, which is Senate bill 728, the Boulder Dam bill. $20 per month in lieu of that he is now receiving.'' 1\Ir. BRUCE. 1\Ir. President, I ask unanimous consent, and I Page 20, strike out the language "The name of l\Iilous Day, hope the Senators interested in the Boulder Dam bill will unite late of Company D, First Regiment of Capital Guards Kentucky in the unanimous consent, that we be allowed just a few mo­ Infantry, and pay him a pension at the rate of $50 per month.'' ments for the purpo e of disposing of the pending motion. It Page 20, strike out the language "The name of Samuel H. will take a very brief time, so far as I am concerned. Anderson, late an employee of the Quartermaster Department 1\Ir. JOHNSON. Mr. President, I regret exceedingly that I in the Yellowstone Expedition, and pay him a pension at the can not consent to it. We have a morning hour for that pur­ rate of $20 per month.'' pose. Our bill will never be proceeded with if we accede to such Page 20, strike out the language " The name of George R. requests. ' Odie, late of Capt. D. B. Randall's Company, Idaho Volunteers, Mr. BRUCE. I will say to the Senator that the Senate is Nez Perce Indian War, and pay him a pension at the rate of going to have several days of discussion in relation to his bill. $20 per month." All we are asking is just a few moments to dispose of the Page 21, in the case of William Franklin De , strike out matter which we have been discussing. Here is a bill which the figures " 20 " and in lieu thereof insert the .figures " 12.'' passed the Senate and went to the House, was passed by the Page 22, in the case of James W. Allen, strike out the figures Senate after it had been approved by the Committee on Inter­ ~ 20" and in lieu thereof insert the figures "12.'' state Commerce, and after it went to the House this motion is Page 22, in the case of Francis H. Kearney, strike out the made for a reconsideration in order to let into the benefits of figures " 20 " and in lieu thereof insert the figures " 12.'' the bill three steamship companies which apparently had taken Page 22, in the case of Charles A. Packwood, strike out the no notice of the bill during the time it was before the committe) figures "20" and in lieu thereof insert the figures "12." and during the time it was pending in the Senate. 1928 CONGRESSIONAL. . RECORD-SENATE .7387

1\.Ir. JOIL.~SON. Much as I regret it, it is obvious that the Mr. KING. Mr. President, will the Senator submit to an in­ matter ts going to ·require debate. I see the Senator from Ala­ terruption? However, if be does not wish the continuity of his bama [Mr: BLACK] upon his feet. I do not know whether be is remarks disturbed, I shall not ask it. interested. The Senator from New York [Mr. CoPELAND] is Mr. PITTMAN. I would rather not yield just now. If the interested. The morning hour is provided for the consideration Senator will remember his question and ask it at a later time, of such matters. I am facing a filibuster upon the particular I shall be glad to answer him. bill in which I am interested, and, therefore, I feel it incumbent Mr. KING. I just wanted to suggest that the interstate com­ upon me to ask that we proceed with the unfinished business. merce clause merely gives control to the Federal Government to Mr. BLACK. Mr. President, I am not going to debate the prevent interference with navigation. matter. I just want it to be of record that I have voted against Mr. PITTMAN. I am sorry I can not agree with that state­ tb·e motion when it is taken up. I do not desire to debate it. ment. I think that the interstate commerce clause bas been Mr. BRUCE. There is nothing to do but to submit. interpreted to place in the exclusive jurisdiction of Congress the Mr. JOHNSON. I am sorry, but I desire to proceed with the right to do anything with streams that may prevent interference Boulder Dam bill. with navigation or that may facilitate navigation. I am frankly BOULDER DAM stating that one exception. That is the admitted law. The resolution to which I have referred did not asse-rt t.be The Senate, as in Committee of the Whole, resumed the con­ right of a State to tax any Go>ernment_property, either a dam sideration of the bill (S. 728) to provide for the construction or reservoir or electric power, if it was Government property. of works for the protection and devel

River. The floods of the Mississippi River come and go, and been presented here session after session. To say merely that I

have done so through the ages. If the floods of the Colorado a flood-control dam shall be erected in the Colorado River I ever break into Imperial Valley-which is ,from two to three means that the purposes of the whole plan would go to naught, : hundred feet below sea level, and below the bed of the Colorado save in the single direction of an inadequate flood control. River-we will have an irreparable destruction. Mr. ASHURST. Mr. President, with the permission of the . There is not a Member of this body who does not desire to Senator from Nevada, I wish to ask the Senator from California . protect against that impending destruction. I say "impending is it not a fact that I offered an amendment to this bill in the destruction " because all of the evidence di closes that that IlTigation Committee appropriating as a gratuity out of the river has built up a delta to such an extent that there is no Federal Treasury $30,000,000 for flood control for Imperial grade to it, no flow, and no channel; there is but one place for Valley? Is that true? the river to go, and that is into Imperial Valley, if great floods Mr. JOHNSON. It is so that the Senator from Arizona come down the Colorado. offered an amendment by which there would be a flood con­ All of us want to protect that valley. It is our duty to do trol-- it, the same as it was to protect the Mississippi Valley; but Mr. ASHURST. No; I did not ask that question. here is the situation: Mr. JOHNSON. Wait a minute; I will answer it in my Senators say " Build a dam sufficiently high to impound own way. · 10,000,000 acre-feet of water, because the holding back of :Mr. ASHURST. Well, then, answer. it. Did I or did I not 10,000,000 acre-feet of water will prevent the danger of this flood offer an amendment appropriating $30,000,000 as a free gift for going into Imperial Valley." It will for 1 year, 2 years, 5 flood control for Imperial Valley? years, 10 years; it will until that capacity is reduced by the Mr. JOHNSON. I will answer the- Senator'-s question. settling of silt in the reservoir. How long will that take? Mr. ASHURST. 1.'he Senator is dodo<>ing the que ·tion. I ask Mind you, there is no engineering way to get the silt out of a him to answer it, and not dodge it, but to answer it like a man. reservoir. When it is filled up its usefulness is ended. Mr. HARRIS. Mr. President, may we have order? A reservoir of 10,000,000 acre-feet capacity would not have The PRESIDING OFFICER. The Senate will be in order. 10,000,000 acre-feet capacity after the first year, and it would Mr. JOHNSON. I do not like the offensive manner-- steadily decrease. The water of that river deposits 100,000 Mr. ASHURST. And I do not like the Senator's dodging acre-feet of silt eYery year. In other words, it deposits silt of my question. He shall be required to answer. that will cover 100,000 acres of land 1 foot deep every year. In building a reservoir that is going to cost this Government a Mr. PITTMAN. l\fr. President, I decline to yield any further. large sum of money in any case it is foolish to build it to last . 1\'Ir. JOHNSON. Mr. President, will the Senator from Ne­ merely 5 years or 10 years. It should be built of sufficient vada yield to me? I do not propose, by the Senator from capacity that it will require a number of years to fill it up; Arizona or any other person, to be accused of dodging any­ and the1·efore there should be a dam high enough to take care thing in this controversy. I proceeded to an wer him, and not only of the flood waters but of the silt. answer him adequately and accurately. I proceed to answer The cost of a dam high enough to impound 10,000,000 acre-feet him adequately and accurately now. of water, that would be of value only for a few years, is The question't:hat arose in the committee arose over whether almost if not quite half as much as the cost of a dam that or not there should be an appropriation for flood control and would not fill up with silt for 300 years. Not only that; a dam flood control alone. To that, of course, I objected. That, of that would hold back only the necessary 10,000,000 acre-feet of course, was not offered, in my opinion, in good faith by the water, with a steadily decreasing efficiency, would be a total loss Senator from Arizona, because it foreclosed them from every to the United States Government, because there never would be conceivable claim that they were making before that committee, auy return from it. A dam 550 feet high would last not only for and every claim that they make now in respect to this par­ 300 years but the disposal by the Government of the incidental ticular measure. power created by such a dam would pay back the Government Mr. PITTMAN. Mr. rr·esident, I do not want this contro­ every cent of the investment, with interest at 4 per cent per versy to go on. annum. 1\!r. ASHURST. The Senator must yield until I at least Which is the practical thing to do? There is not any question challenge the statement that has just been made. about it. I say to you· that those who are opposing this bill are Mr. PITTMAN. Will the Senator try to be brief? in favor of this legislation. The country gets the impression Mr. ASHURST. I will. that there i.s a tremendous opposition against the building of l\fr. PITTMAN. I wish to go on with my remarks.· this dam. Mr. ASHURST. It i-:; strange that the Senator from Cali­ Mr. ASHURST. Mr. President, will the Senator yield? fornia, who in committee voted against my amendment for l\Ir. PITTMAN. Yes. flood control for Imperial Valley, should now try to escape 1\fr. ASHURST. Surely the Senator does not mean to say from his dilemma by impugning my good faith. I have served that those who are opposing this bill are in favor of the bill or here 16 years, sir, and he is the first Senator who ever accused the legislation. me of bad faith. Mr. PITTMAN. No; I do not. Mr. PITTMAN. I refuse to yield further, Mr. President. Mr. ASHURST. The Senator can not speak for me upon Mr. ASHURST. I repudiate the intimation of the Senator that point. from California, and I say it is unworthy of him. Mr.. PITTMAN. The conf11sion arose !!Y reason of my in­ Mr. PITTMAN. I refuse to yield any longer. ability to convey my meaning, beNew Mexico, Nevada, California, and Arizona, either to determine the there is a large area there that needs flood protection, and allocation of waters and definite storage elevation and areas or to ~ould have it. This bill provides that if the seven-State determine the basic principles that for all times shall govern these agreement entered into between Wyoming, Colorado, Utah, New matters: A11d provided further, That the passage of this act shall not Mexico, Nevada, Arizona, and California with regard to the in any respect whatever prejudice, affect, or militate against the development of that river is agreed to by six States, the law rights of the State of Arizona or the residents or the people thereof, shall go into effect. The Senators from Arizona and the State touching any matter, or thing, or property, or property interests rela­ of Arizona have always contended that that agreement should tive to the construction of the Colorado River Boulder Dam project. not go ~ nto effect unless ratified by all seven States. That is a question, Senators, of dispute; but I say to you now, if this That amendment is an exact rescript of the amendments bill should be amended by the Senate, in its judgment, saying adopted nt the suggestion of the Senator from Idaho [Mr. that the act should not take effect until all seven States had BoRAH] and at the suggestion of the Senator from Montana ratified it, what objections could the Senators from Arizona, [Mr. WHEELER! with reference to the· Columbia Basin project. Utah, or anywhere else make to this bill? None at all. They My learned friend from Nevada descants ably, as he always would not object to having the bill referred to their legislatures does, and intimates that I have been guilty of some remissness, to determine whether or not it was protective of their States. whereas in truth that is the first amendment that I offered. Why fight this bill until you find out whether or not it can be I hope he will not now imply that Arizona has been guilty of amended so as to require seven-State ratification? remissness or delay. I state now that if a seven-State ratification amendment were Mr. PITTMAN. I am not doing so. Just the exact opposite; agreed to instend of the six-State provision in this bill, there I said the Senator had done his duty. would be no legitimate grounds for any of the Representatives Mr. ASHURST. Very well. I thank the Senator for yielding. of the seven States to fight it, because it would be transferring Mr. PITTMAN. Both the Senator from Arizona and the - the :fight from this floor to the States themselves. Why is not Senator from New Mexico have done their duty, as I see it, that possible? Why fight this bill, then, until you find out humble as my opinion may be, in presenting these amendments. whether or not it can be re-formed according to your particular I know the Senator de ires to get &ction on his amendment, ideas, whatever they are? and I am going to help him get action. The seven States want this legislation. Ever since 1918 their Mr. ASHURST. Will the Senator vote for my amendment? representatives have been convening and discussing this proposi­ Mr. PITTMAN. I have not considered it. I may and I tion for the purpose of bringing about legislation o{ this kind, may not. I mean by that, the Senator has introduced that not in the form of this bill-! do not want anyone to rise to amendment for the purpose of getting an expression of the Sen­ make that point-but legislation of this general kind. It has ate on it, and I am going to help him all I can to get an expres­ b€'en a matter of serious consideration for years. An agree­ sion of the Senate on it. ment or treaty was drawn up under the authority of Congress Mr. ASHURST. I hope the Senator will vote for it. with regard to the development of the river; but that treaty Mr. PITTMAN. I may after I shall have considered it. was not ratified by the State of Arizona, and consequently it This bas been a · diversion.· Let me get back to the amend- has never gone into effect. Arizona contends that no legisla­ ment. I only stated what I thought it was the duty of the tion :ffiould go into effect until it has been ratified by her; but Senate to do in this matter. I will read this amendment once an amendment may be offered here by Arizona or Utah or the more, and then I am about to close. I want the Senate to representative of any other of the seven States requiring seven­ understand the amendment. It is found on page 6 of the bill, State ratification. lines 5 to 12, inclusive, and reads : Mr. HAYDEN . . Mr. President, I will state to the Senator that I! during the period of amortization the Secretary of the Interior such an amendment will be offered. sliall receive revenues in excess of the amount necessary to meet the Mr. PITTMAN. Then, if such an amendment will be offered, periodical paym'e.nts to the United States as provided in the contract why not get down to it now and offer it instead of discussing or contracts executed under this act, then, immediately after the the bill before it is offered? I think it is a serious p~oposition. settlement of such periodical payments, he shall pay to the State of I think every Senator who has an amendment to offer to this Arizona 18%, per cent of such excess revenues and to the State of bill . hould offer it, let it lie on the table, and have it printed, Nevada 18%, per cent of such excess rP.venues. so that we can consider it, and we should proceed to consider those amendments. Let us see what that means. This bill provides that before Mr. BRATTON. Mr. President, will the· Senator yield? the Secretary of the Interior can start any construction he The PRESIDING OFFICER. Does the Senator from N~ must have contracts that will insure the return of the money vada yield to the Senator from New Mexico? to the Government with 4 per cent interest. It provides that Mr. PITTMAN. I do. t.ho~e payments must be made within 50 years. It means that Mr. BRATTON. In that connection I desire to call the those payments are to be annual, or semiannual, or at some attention of the Senator from Nevada to the fact that I have other periodical times. offered an amendment, had it printed, and it is lying on the How much money does it take to pay this back? Let me table now providing that the act shall not go into effect until give the Senate exactly what the Government says about this. each and all of the se...-en 'States have ratified the compact, if Listen to this : Dam, including interest, · $55,000,000; power that can be done within 12 months from the time the bill is plant, $35,000,000; all-American canal, $35,000,000. That in­ passed. If not, then construction may proceed on the basis of a cludes interest during the amortization period. This bill pro- 7390 c·oNGRESSION AL RECORD- SENATE APRIL 28 j vides that the all-Americt~.n canal shall be built under the proven so destructive to counties and States, thought it right reclamation act, which means that the lands benefited are to to compensate them when they were desb:oyed for the benefit pay for it. So we eliminate that item of $35,000,000. of the whole Nation.

" Dam, $55,000,000." That has to be paid for out of the sale At the last session Congress passed a bill to pay to certain 1 of power. If the plant that generates the electricity is built counties in Oregon a sum equal to the taxes they would have ' by the Government, that will be another $35,000,000; l!nd that receiYed had not the land gone into forest reserves. That was will ba ve to be paid out of the sale of power. · done because those counties had been practically destroyed by llnder this bill the Secretary of the Interior is given the the withdrawing of land from going into private ownership and option either to build this plant or to contract for the use of becoming subject to taxation. the water and let the individual build the plant. In any event, That was with regard to forest reserves. Let us see what the only charge against the power is for the dam l!nd the the next step was. We passed an act to conserve the oil re- ' power plant, or the dam alone. What is the result? It ·has sources of this country. The oil resources of the country were ; been estimated that in 35 years this power could be sold at only found in certain sections of the United States, in certain · less than 2 mills per kilowatt-hour, and the Government's total Western States. Before we passed the act of March 11, 1920, investment with interest Pl!id back. But here comes a ques­ those great oil lands were subject to acquisition by citizens of tion. If the Government sells the · power for exactly the the United States and corporations organized under the laws of amount that will meet each annual payment, or periodical pay­ the States, and when they became subject to the ownership of · ment, and there happens to be some injury to the dam, or to the ·those individuals and corpomtions, they were subject to the transmission lines, or to the power bouse, then there would be taxation of the States. The Congress of the United States , a deficit at that time. Consequently, good, economic business came to the conclusion that the oil resources of this country ; management requires th~t there shall be a reserve, with the were essential to i~ protection, were essential to put it on a result that instead of the power being sold at exact cost, it commercial equality with other countries, and they found it will be sold at some price above cost. That will be annually necessary to pass an act, in 1920, authorizing the Secretary of an exeess revenue over and above the amount required to pay the Interior to 'vithdraw from acquisition by individuals all of the Government its amortization fee, which means the prin­ these great areas of oil lands. The whole Nation was benefited, cipal with interest. but every State where these great oil lands were found was This bill gives the Secretary of the Interior the absolute, proportionately damaged. Every county in the withdrawn exclusive power to :fix the price at which the power is sold. If area was practically destroyed, and every town Within the with­ he sells the power at cost, then there is no revenue for the drawn area was practically destroyed for the time being. State of Arizona or to the State of Nevada. If he sells the What happened? The Congress of the United States, after power at a quarter of a mill above cost, then the States of having :fixed the policy with regard to forest reserves in 1908, Arizona and Ne·mda get only 37lh per cent of the quarter of a in its wisdom and in ju~tice to those States which had been mill, which is a negligible sum. In any event, the testimony deprived of their property for the benefit of the whole Nation, shows that under that amendment the returns of revenue to the put this in the oil leasing law: State would be far less than the taxes they would receive SEC. 35. That 10 per cent of all money received from sales, bonuses, from private individuals, if the dam were built by indiYiduals royalties, and rentals under the provisions of this act, excepting those or corporations. from Alaska, shall be paid into the Treasury of the United States and It is said, however, it is a revolutionary policy. We are not credited to miscellaneous receipts; for past production 70 per cent, urging the right to tax Gove1·nment property, we are not urging and for future production . 52¥.! per cent of the amounts derived from the right to tax hydroelectric energy created by the Govern­ such bonuses, royalties, and rentals shall be paid into, reserved, and ment. We know legally that can not be done. If it could be appropriated as a part of the reclamation fund created by tne act of done, we would not have to be here asking for Congress to do Congress, known as the reclamation act, approved June 17, 1902, and justice. for past production 20 per cent, and for future production 37lf.J per Senators will remember when we passed the forest reserve cent of the amounts derived from such bonuses, royalties, and rentals act in 1902. What did Congress do in that act? The Congress shall be paid by the Secretary of the Treasury after the expiration of the United States, having absolute, exclusive jurisdiction of each fiscal year to the State wHhin the boundaries of which the over the public lands of this country, said that ~e forests of leased lands or deposits are or were located, said mon~s to be used this country were being destroyed, watershed were being de­ by such State or subdivisions thereo:r for the construction and mainte­ stroyed, and it was absolutely necessary, for the national safety nance of public roads or for the support of public schools or other and the national welfare, that we withdraw these great forest public educational institutions, as the legislature of the State may areas and prevent them from going into private ownership; and direct. we passed the act of 1902. Thirty-seven and a half per cenf is the exact amount that is What was the result of that? Great national conservation provided in this amendment which I have just read. They had been accomplished; but it almost destroyed certain counties gave not only 37lh per cent of the royalties to the States when in the United States. It did destroy some of them. There the lands were withdrawn, but they gave an additional 521}2 were counties in the great areas that were forest areas of the per cent to the reclamation fund, and the Government kept only West that are now forest reserves, where towns bad been built 10 per cent to administer the act. That was because Congress, up on the lumber industry, and when the Government of the when it passed the act of 1908 giving 25 per cent of the receipts United States, for the purpose of national conservation, went of forest reserves, had already had enough experience with in there and withdrew all that immense timt>er area, larger conservation so that they knew it absolutely destroyed certain than the State of Rhode Island, in some cases larger than the counties and towns for the benefit of the whole country. So, State of Connecticut, when they withdrew all that land from when they passed this oil act they put the same 37lh per cent ever going into private ownet--ship, for the purpose of conserv­ in there for the State, 52lh per cent to the reclamation fund, ing those forests, those towns which had been built up for the and 10 per cent to the Federal Government. purpose of carrying on the lumber industry found themselves That was not all. It is said that this is a new policy. We without sufficient taxable property to support town or county passed here on June 10, 1D20, what we called the Federal government. power act. This dam could be built under the Federal power What happened? In 1908 the Congress of the United States act if the Government did not see fit to build it. Why? The realized that no particular community should be made to suffer Federal power act only provided this, that the Government of for the benefit of the whole Nation, and passed the act of May the United States, through the Interior Department, might 23, 1908 (35 Stat. L. 260), which provided: lease the use of its public lands to anyone desiring to build a • • • That hereaftet· 25 per cent of all money received from each power project. But that was not all. What else did the act forest reserve during any fiscal year, including the year ending June say in regard to that? It pr~vided : 30, 1908, shall be paid at the end thereof by the Secretary of the Treas­ (d) To issue licenses to citizens of the United States, or to any ury to the State or Territory in which said reserve is situated, to be association of such citizens, or to any corporation organized under the expended as the St:a.te or territorial legislature may prescribe for the laws of the United States or any State tllereof, or to any State or benefit of the public schools and public roads of the county · or counties municipality for the purpose of constructing, op<' raiing, and maintaining in which the forest reserve is situated: Provided, That when a.ny forest dams, water conduits, reservoirs, power houses, transmission lines, or reserve is in more than one State or Territory or county the distribu­ other project works necessary or convenient for the development and tive share to each from the proceeds of said reserve shall be proportional improvement of navigation. to its area therein. Then, having done that, they went further and stated this : What was that? Twenty-five per cent of the gross receipts That each applicant for a license hereunder shall submit to the com­ from the forest reserves, and yet, as we know, the forest re­ mission- serves have never made any money since they were created. (b) Satisfactory evidence that the applicant has complied with the But the Congress in its wisdom, after the policy which had requiren!ents of the laws of the State or States within which the pro- 1928 CONGRESSIONAL RECORD-SENATE .7391 posed project is to be located with respect to bed and banks and to But we have not any objection. We have stood for eve:ry the appt·opt·iation, diversion, and use of water for power purposes and conservation act that has ever been brought up. To-day nearly with respect to the right to engage in the business of developing, trl!.DS­ one-half of the State of Alizona is taken up by Indian reserva­ mitting, and distributing power, and in any other business necessary tions and forest reserves. The Government has prevented them to effect the purposes of a license under this act. from ever becoming taxable by the State. The same situation I call attention to the fact that Congress at that time recog­ exists in Nevada. We do not object, but we do say that the nized that the State do own the beds and banks of navigable Congress of the United States discovered in 1908 that the forest streams, tHat they do have sovereignty over the water, with the act of 1902 had destroyed cities and counties, had interfered exception that the Congre s was granted in the Constitution with the credit of whole States, and then the Congress passed power to control the waters for navigable purposes. Before an act pronding that 25 per cent of the receipts from sales of it would let any license for the use' of the public land for power timber fees and for grazing should go into the State treasury purpo es, it required that the applicants should comply with the and into the treasuries of tlwse counties that were interfered laws of t11e State relative to the use of the beds and banks with. That was the beginning of the policy. of the rivers, and the use of water over which the State hail Then when we reserved forever the land with oil underlying sovereignty. it, so it could not go into private ownership and be taxable That act was intended to govern deals with private corpora­ again the Congress said there must be some compensation to th~ tions and citizens. The Congress of the United States, under States which are injured for the benefit of ~ fie whole United the Constitution, the State having delegated that authority, ha States, and provided not only 371h per cent of the royalties, the the right to use the State lands. It has a right to use the same 37% per cent that we propo ·e to divide between the States lands owned by the States in the bed of a river and on the of Arizona and Nevada in this case, but an additional 50 per banks of a river, becau e the Supreme Court of the United cent was provided to go into the reclamation fund for the bene­ States has held that when,the States granted the right to Con­ fit of those States. Again, when we passed the Federal power gre s to regulate navigation on rivers, the incidental right of act Congress recognized that the States own the beds and using the land of the State in the bed and on the banks of the banks of navigable streams and have sovereignty over the river was essential. We do not question that at all. ·we do waters thereof, subject only to the superior authority granted not question that the Congress of the United States has the by the Constitution to Congress to use them for navigation, and right to use the lands of Arizona and Nevada upon which to in that act provided that 37lh per cent of the revenues from build a dam, notwithstanding the fact that the great benefits will licenses issued by the Federal Power Commission should go to be bestowed 250 miles below in another State. We are only the States wherein a dam was built calling attention to the justness of the situation. Away back in 1860 the Federal Government granted every If the Government did not reach out and take this great other section of land in certain parts of Oregon to -aid the power site, the only power site in our State, for ·:flood control, building of a railroad from Portland to the State line, but the and if a private corporation then did it, that private corpol·a­ railroad company did not comply with the law which required tion would have to comply with the laws of our State, and the them to sell that land to settlers at $2.50 per acre, so the dam and the power house it built would be subject to taxation Government took the land away from the railroad company and help to support our State. But we are not urgi~g that. and made it into forest reserves, and thus logging ceased and We say there are circumstances connected with the whole trans­ lumbering ceased and manufacturing ceased, and those towns action which justify the United States Government in doing died which were built up there on the strength of the belief this work itself. As a matter of fact, it is the duty of the that tlle lands were going to be sold and be subject to taxation. United States Government to do the work out of the funds The Congress of the United States at the last session appro­ of the Nation, as it should do along the Mississippi River, and priated money to pay these counties the taxes which they would not at the expense of a single State or two States or three have received for the land if it had gone into private owner­ States. ship as originally intended. The Federal power act of 1920 provided that the Federal Do. not confuse the proposition. We are not insisting for Power Commission should fix the fees and that the license fees one moment that we ha-ve any right to tax a dam built by the should pay for the use of public lands. . It was all right to Government of the United State or a power plant built by the charge for the use of public lands, but how would the State Government, or anything .owned or built by the Government. get paid for the use of its lands? Congress in passing the act We say that Congress has the authority to do justice in this realized that the States were being deprived of something, and matter, and all \Ye hav~ asked is that if in any year there 1s what did we put in the act? In the act we find this provision, in the hands of the Secretary of the Treasury a revenue larger in section 17, page 11, of Public, 220, Sixty-seventh Congress: than enough to meet the annual payments on the principal and interest of amortization that then the two States of That all proceeds from any Indian reservation shall be placed to Arizona and Nevada shall have 37lh per cent of that excess the credit of the Indians on such reservation. All other charges aris­ revenue, and that 62% per cent shall be ·retained by the Gov­ ing from licenses hereunder shall be paid into the Treasury of the ernment as a safety reserve ftmd to meet any deficit that may United States, subject to the following distribution : Twelve and one­ come in subsequent annual payments. half per cent thereof is hereby appropriated to be paid into the Treasury It is a fair and reasonable proposition, and it is in absolute of the United States and credited to "miscellaneous receipts " ; 50 per accord with the whole policy of the Congress which was cent of the charges arising from licenses hereunder for the occupancy established a way back in 1908 and followed consistently ever and use of public lands, national monuments, national forests, and since that time. We do not ask that a cent be added to the cost national parks shall be pajd into, reserved, and appropriated as a part of the power, not a cent. The bill provides that the Secretary of the reclamation fund created by the act of Congress known as the of the Interior may sell the power at any price he fixes, and reclamation act, approved June 17, 1902; and 37¥.! per cent of the that if there is no excess reyenue over and above the amount charges arising from licenses hereunder for tbe occupancy and use of necessary to pay the Government with interest then the national forests, national parks, pub1ic lands, and national monuments, States of Arizona and Nevada get nothing. If thet·e is an from development within the boundaries of any States shall be · paid by excess over that amount, they only get 37% per cent of it. It the Secretary of 1he Treasury to such State• . is a plain and simple proposition. That is the ex~ct amount we hafe provided in the committee Mr. SIMMONS. Mr. President, will the Senator yield? amendment to the pending bilL But, mind you, in that case The PRESIDING OFFICER. Does the Senator from Nevada the States not only get 37lh per cent of the fees charged for the yield to the Senator from North Carolina? u e of public lands, but the dam and plants are to be built by Mr. PITTMAN. I yield. private corporations and private individuals and are to be sub­ Mr. SIMMONS. I am a member of the committee which ject to 'fue regular taxation of the States. In this case it would reported the bill, but the Senator from Nevada knows that I not be subject to taxation. Under this bill all we will get out am a member of two other committees, the Committee on Com­ of it is 37lh per cent of the profits, which amount we would merce and the Committee on Finance, who are holding meet­ have gotten under the Federal power act, together with addi­ ings at the same hour every day, and that I was not able tional revenues from taxation. to attend the meetings of the committee having the Boulder Just think of it! Not only does the Congress of the United Dam bill in charge. I am not as familiar with the bill as I States, under the power of the Constitution, take tile beds and would like to be. banks of the rivers that belong to the States of Arizona and The Senator spoke about the number of acres of land which Nevada for national purposes, but it takes over 400.000 acres the Government would take away from the State of Nevada of the public lands in Nevada as a reservoir site. · It with­ for the purpose of establishing a reservoir. I understand that draws permanently and forever 400,000 acres of public lands in when the Government establishes a forest reserve out of Gov­ our State so that tbey can never come into private ownership ei·nment-owned land, the Senator claims, by reason of the fact and can never be subjected to taxation, and this is done for the that those )ands are withdrawn from purposes of production purpose of carrying out a great. national policy. or any use to which they are susceptible Of being put. that the .7392 CONGRESSIONAL RECORD-SENATE APRIL 28 Government, for the purpose of recouping the State for the 1\!r. Sll\IMONS. And that the State, therefore, loses ::my loss sustained by reason of that withdrawal, has provided that possibility of obtaining any revenue from that land in the .the State in which the reservation is located shall receive a future. Now, if it was publicly owned land and not in a re­ .certain percentage of the profits derived from the use of such serve, or the Government was leasing those lands out and the withdrawn areas. Government was permitting them to be logged in a proper way Mr. PITTMAN. That is correct. so as to preserve the forests and not destroy them, the com­ Mr. SIMMONS. The Senator claims that where the Govern­ munity would get the benefit of those operations. But in this ment goes into a section where it owns no land, as in my State, particular case the community can never hereafter get any for instance, and buys large tracts of land for the purpose income from the use of these lands. of establishing a forest reserve, provision is therefore made Mr. PITTMAN. That is exactly the situation. in the act that to recoup the State for the losses sustained by Mr. SIMMONS. I think. if the Senator will put it upon that tbe nonuse of the area the State Shall receive a part of the ground he will be upon a pretty solid and logical foundation. profits derived. Mr. PITTMAN. Those 420,000 acres of land will be covered Mr. PITTMAN. That is correct. with water in a reservoir. All the land in· that area-and Mr. SIMMONS. I do not understand that the Senator is there is a lot of it-will be covered forever. All the irrigable contending that when the Government decides to take over this land within that district-and there is a lot of it, because it vast area in his State for the purpose of establishing a reser­ would not be a reservoir unless it was low land along the voir, the Government shall not pay the owners of those lands river-will be covered with water and destroyed forever. The their reasonable value? only great dam site in the State of Nevada is this dam site. Mr. PITTMAN. The land out there is not privately owned. It happens that the walls rise there perpendicularly for thou­ Mr. SIMMONS. Is it owned by the State? sands of feet, narrow, straight up, hard, granite rock; and it Mr. PITTl\-'IAN. No; it is owned by the United States Gov­ happens that on the Nevada side above that dam there is a ernment. It is in the same position as were the forest lands. great basin running over into Nevada covering 420,000 acres The forest lands were owned by .the Government and were with­ of land, and that basin is to be covered with this water. drawn from entry or acquisition, and in lieu of withdrawing Private individuals want this dam site, of course, because .them from taxation as in the Senator's State, where private it is a remarkable site. You could build the dam a thousand lands were taken by the Government through purchase, the Gov­ feet high if you wanted to. The amount of power you could ernment pays the State 25 per cent of the gross recejpts for such create is enormous. The city of Los Angeles, through its agents, forest reserves when we were out there with our committee two or three years Mr. SIMMONS. Yes; I understand the Senator. I am well ago, stated that if the Government did not want to build a dam aware of how the Government would go and take charge of these there Los Angeles would built it. There is no doubt that the lands, and I as umed, of course, that if they were privately people want to build the dam. owned the Government would pay for them; but I understand If an indindual built that dam under the Federal power act, now that they are publicly owned. The Government owns the what would happen to Nevada? Under the Federal power act lands? the licensee would have to get permission to use the bed and Mr. PITTMAN. Yes; and simply withdraws them. the bank of the river which are owned by the State of Nevada. l\Ir. SIMMONS. The Senator said that we ought to put the He would have to get permission to use the water, which tile State of Ne"ada, with respect to those lands, upon the same State of Nevada has the sovereignty over except as against the footing that we have placed other States in which lands were United States Government under the interstate-commerce withdrawn for forest reserves by the Government. clause; and when he built that dam at a cost of $55,000,000, and Mr. PITTMAN. Or for oil purposes. when he built that power house at a cost of $35,000,000, it would Mr. SIMMONS. That is the Senator's contention, is it not? be subject to taxation by the State of Nevada at the regular Mr. PITTMAN. That is correct. The whole situation is that rate of taxation that exists. In other words, since our taxation no State can maintain .its sovereignty in the proper way and rate in Las Vegas is about 5 per cent, $5 on the hundred, the can not exist without the power of taxation or, necessarily, taxes that we would receive from that enterprise would be without property to tax. Eighty-seven and one-half per cent of over $750,000 a year. the lands of Nevada are public lands. We have very large areas Now, what do we do by this amendment? We are simply there which have been withdrawn as forest reserves. We have .following out the policy even as to the exact percentage that lll.rge areas withdrawn there as oil 1\nds on the theory that was fixed in the oil leasing bill and the Federal power act ; they may have oil under them. We have one Indian reservation, that is, that if there are any excess revenues in any year over for instance, larger than the State of Rhode Island, with only and above the amount necessary to pay the Government the 400 Indians living on it. · principal and interest for that year, the excess revenue shall What I am getting at is this: We have reached the consti­ be divided between the Federal Government and the States­ tutional limit of our taxation, and instead of acts to encourage that is, 62% per cent to the Federal Government and 37% pe:r land going into private ownership and being taxable the natural cent to the States of Arizona and Nevada. tendency is the other way. That is 37% per c-ent of the net receipts. Under the forest 1 Mr. WALSH "of Montana. The unnatural tendency. ~erve act, when they buy lands in the State of the Senator ' Mr. PITTMAN. No; I think the tendency for conservation is from North Carolina and make a forest reserve out of them, 1 natural. I think all of us favor the conservation of our for­ t.lley pay you 25 per eent of the gross receipts, not of the net 1 ests, and in a great many cases the burden rests chiefly on the receipts. This amendment is 37% per cent of the net receipts. 1 State where it is taken. Sometimes, as I said, it has destroyed I do not know that I desire to say anything more on this J whole counties and towns, as it did in Oregon. I believe in matter. I rose in the first place only for the purpose of refut- j the conservation of our oil reserves. I do not think our Navy ing the idea that there was something new or revolutionary could compete with any navy in the world that had oil if we in this amendment. Why not let us get down to the considera­ did not have oil. I do not believe our commerce could compete tion of some of these amendments? with the commerce of any other nation of the world if they I feel like asking unanimous consent now that we consider bad oil and we did not have it. Conservation of oil is essen­ committee amendments fil'it, beginning with the amendment tjal. When we passed the act ginng the Secretary of the that I have just read, and, after the committee amendments are Interior blanket power to draw lines around millions of acres considered, that we then proceed to consider any and all amend­ of land, with the provision that that lf!nd shall never go into ments that may be offered. I will not ask that if there is any private ownership, it was a good step. It was done for the indi~ation of any objection. - benefit of the Nation. Mr. ASHURST. Mr. President, in reply to the qu tion of Mr. SIMMONS. The Government owns a great deal of 1and the Senator I will say that the concluding part of his speech that has never yet been declared forest reserves, does it not? was an able speech. The earlier part, of course, was worth Mr. PI'l"'TM:.AN. Oh, yes; a great deal. listening to; but the concluding part of the Senator's speech Mr. Sil\fMONS. Those lands do not pay any taxes. was a worthy and able speech. Now, the Senator asks me a Mr. PITTMAN. No; they do not. direct question. Mr. SIMMONS. It seems to me the Senator's position is Mr. PITTMAN. No; I will not do it. I was only feeling very much stronger as to those lands which are appropriated by out t.lle Senator's position in the matter. the Government for a specific purpose, whether it be as a Mr. ASHURST. I think it is a proper question. forest reserve or whether it be for the purpose of a reservoir, Mr. PITTMAN. I will withdraw the question. I have not when he puts it upon the ground that by that act it brings made a formal request. that particular Government-owned land into utility, but a Mr. President, I ask unanimous consent that I may place in utility which destroys altogether its value for any other pur­ the REcORD at the end of my remarks .the resolution that was pose except that specific purpose. adopted at the meeting of the governors and commissioners of Mr. PITTMAN. That is true. the seven Colorado River States on August 29, 1927: 1928 CONGRESSIONAL RECORD-SENATE .7393

Resolution offer(>(} by Senator KEY PITTMAN on behalf of the Nevada of her two sitting Members-Mr. JoH ~soN and Mr. SHORT­ commission to the Conference of Governors and the Commissioners of· RIDGE. I have no reason to enlarge upon the abilities of these the Colorado Basin States in session at Denver, Colo., August 29, two gentlemen or to indulge in any excessive euology of them. 1927 Defore coming to the Senate they were preeminent among the Whet·eas it is thE' settled law of this country that the ownership of lawyers of their State. I have met them at the bar of the . and dominion nnd sovereignty over lands covered by navigable waters judicial forum ; each was a foeman worthy of anyone's steel. · within the limits of the several States of the Union belong to the All important and grave is this question to my State. I shall respective States within which they are found, with the consequent not by any intendment, or by any word be betrayed into any right to use or dispose of any portion thereof, when that can be done characterization of the motives of the Senators from Cali­ without substantial impairment of the interests of the public in the fornia, and I freely grant that their motives are just as hlgh waters, and subject always to the paramount right of Congress to con· as my own motives. I believe they are attempting to follow trol their navigation so fat· as may be necessary for the regulation of the light as they see the light, and I respectfully insist and commerce with foreign nations and among the States; and · demand that the senior Senator from California shall grant Whereas it is the settled law of this country that subject to the settle· the same consideration to others. ment of controversies between them by interstate compact or decision of Mr. Pl'esident, I learned in my youth, in the companionship the Supreme Court of the United States and subject always to the para· of gay and gallant cowboys about whom clustered a dash of mount right of Congress to control the navigation of navigable streams chivalry, that those men who are always so ready to accuse so far as may be uecessary fo.l' the regulation of commerce with foreign other men of bad faith would better look into their own heart.:; · nation and among the States, the exclusive sovereignty over all of the and search their own consciences. I long ago learned in the waters wjiliin the limits of the several States belongs to the respective company of gentlemen that those who are guilty of intentional States within which they are found, and the sovereignty over waters bad manners are capable of crime. I do not mean these re­ constituting the boundary between two States is equal in each of such· marks to refer to anything that bas taken place this afternoon, respective States; and bec.-ause we are under high tension and are worn down. When•as it is the sense of this conference that the exercise by the The Senators from California have been ably and aggres­ United States Government of the delegated constitutional authority sively pressing this bill for years .and they would be more than to control navigation for the regulation of interstate and foreign com· human, or less thnn human, if they did not feel some irritation me.:ce does nat confer upon such Government the use of waters for over my determined opposition to their bill. Therefore, I give · nny other purposes which are not plainly adapted to that end, and d\les assurances that although we may be vanquished and Arizona's not divest the States of their sovereignty over such waters for any hope of fuuu·e development choked and strangled by "Johnson J. other publlc purpose that will not interfere with navigation: Therefore grass" I shall indulge in nothing unworthy or unbecoming a be it ' Senator. Resolved, That it is the sense of this conference of governors and The advocates of this bill, with masterly skill, have drama­ the duly authorized and appointed commissioners of the States of Ari· tized the possible menace to Imperial Valley from flood, and zona, California, Colorado, New Mexico, Nevada, Utah, and Wyoming, with histrionic ability that would arouse the envy of an Edwin constituting the Colorado River Basin States, assembled at Denver, Booth or a Richru.·d Mansfield they have made some parts of the Colo., this 23d day of September, 1927, that: country believe that Imperial Valley is in constant danger of The rights of the States under such settled law shall be maintainell. being overwhelmed by the waters of the Colorado River unless The States have a legal right to demand and receive compensation this particular bill is enacted into law. for the use of their lands and waters, except from the United States, If the advocates of the Swing-Johnson bill had exercised for the use of such lands and waters to regulate interstate and foreign energy and good judgment, Imperial Valley would to-day have commerce. been protected from floods of the Colorado River, and the all­ The State or States upon whose land a dam and reservoir is built American canal would have been nearing completion; but, most ·by the United States Government, or whose waters are used in con· unfortunately for Imperial Valley, the advocates of this bill · nection with a dam built by the United States Government to generate have preferred to spend their time and energy in planning hydroelectric energy, are entitled to the preferred right to acquire the how most effectively to exploit Arizona's resources rather than hydroelectric energy so generated or to acquire the use of such dam to spend their time and energy in securing the relief which Con­ and reservoir for the generation of hydroelectric energy npon under­ gress would quickly and amply grant. Just so long as Imperial taldng to pay to the United States Government the charges that may Valley continues to be beguiled by those urban Pollyannas who b~ made for such hydroelectric energy or for the use of such dam and seek to acquire Arizona's potential hydroelectric energy, just reservoir to amortize the Government investment, together with in· so long will Imperial Valley be imperiled. terest thereon, or in lieu thereof agree upon any other method of com· California seeks not fiood control but hydroelectric power. pensation for the use of their waters. F1ood control may be the excuse, but power is the substance of We, the undersigned committee, to which has been referred the fore­ the demand for this bill. Arizona has never stood in the way going resolution, as presented to the conference on August 29, 1927, and does not now stand in the way of ample appropriations for by Senator KEY PITTMAN, having adopted certain amendments unani­ fiood control on the Colorado River. California has never been mously, which are now incorporated therein, we recommend that the willing to have an engineering investigation made of the Colo­ resolution set out above be adopted. rado River under the terms of section 3 of the fiood control .act KEY PITTMAN, of March 1, 1917. FRANCIS C. WILSON, Politically, financially, industrially, socially, and economically WM. R. WALLACE, California is one of the most powerful States of the Union, CHARLES E. WINTER, and if her congressional delegation had labored for Imperial A. H. FAVOUR, Valley along fiood-control lines success would have long ago DELPH E. CARPENTER. abundantly crowned such efforts. 1\Ir. ASHURST. 1\:lr. President, I would not speak this after­ If the sword of Damocles is suspended over Imperial Valley noon except for the colloquy which just took place between the and if the waters of wrath are held in check only by a tricky senior Senator from California [Mr. JoHNSON] and myself. guard of sand, let the California delegation but ask for appro­ I have known the senior Senator from California I do not priations and the relief prayed for will be promptly granted by know exactly how many years-at least more than 30 years. Congress. I have known the junior Senator from California [Mr. SHORT­ In the Senate Committee on Irrigation and Reclamation I offered the following amendment to this bill : RIDGE] much longer than that. I regret that the debate on this question of such transcendent importance should have been Provided, That the sum of $30,000,000 shall be allocated to flood con­ opened by a challenge of my good faith, such as has just been trol and shall not be reimbursable to the United States. made by the senior Senator from CalifOl'nia ; and I am per­ This amendment was rejected by the committee upon the suaded that as the shades of this murky and gloomy afternoon suggestion of the proponents of this legislation, as was an­ draw closer about us be will regret much that he should have other amendment which directed that the Boulder Canyon charged me with a lack of good faith. Dam be built to only such height as would provide fiood control. 1\Ir. JOHNSON. l\Ir. Pre ident, let me suggest to the Senator More than five yeru.-s ago my colleague and I visited Imperial that I regret the entire incident equally with him. Let it pass Valley. He will speak for himself; he is well able to do so; and entirely. I will speak for myself. I then became convinced that ulti­ l\Ir. ASHURST. Let me now repeat what I have said before mately flood control would be necessary for Imperial Valley. in this forum, nnmely : Later, to wit, about two and one-half years ago, in company I do not know in the entire history of our country of a with the two Senators from California and other Senators, I State that was ever more ably represented in the Senate of again visited Imperial Valley, and my belief that ultimately the United States than is the State of California in the person flood control for Imperial Valley was necessary was strength- LXIX-466 CONGRESSIONAL RECORD-SENATE· APRIL 28 ened and refnforced. I hold that opinion now, hence I repeat If the SeJ..tator will. permit me, very quietly and I trust cour­ that in tlte committee considering this Boulder Dam bill, S. 728, teously, to respond in just a word to what he has said-- nDw before us, I was convinced that it was my duty, if you will Mr. ASHURST. Certainly. pardon me, somewhat ro take the lead on flood control, and Mr. JOHNSON. The Senator presented the amendments that hence I offered the proper amendment. he uggests. I sent them to the Interior Department-! ha-ve The Senators from California voted against these amend­ the letter here from the Interior Department-and they declined ments; I do not question their matives in thus voting, but in absolutely to oonsent to any such basic appropriation. We have view of such vote they are now estopped to talk of a demand carried a ibill for years now upon the theory that we were not for flood .control. I here disclaim any motive other than that · gDing to ask a penny from the United States Go•ernment ulti­ of a sincere desire ro use such ability as I possessed to assist mately; that the scheme itself would pay for the project. There in preventing floods from ever overwhelming Imperial Valley. had been no estimates of a flood-.control dam. There had been no But simply because Imperial Valley requires flood control is no budgetary requirements required with. There had been nothing reason why Arizona should be robbed. at all except the suggestion that was made by the Senator from The Senator from California is too astute and too sagacious .Ari~ona in the amendments that he presented. It was an utter to fail ro perceive that it will be 10 years befo.re Bonlder Can­ impossibility to transmute this project into a flood-control dam yon Dam, if authorized, could afford flood control to Imperial at this J}articular locality; and, in addition to that, it set entirely Valley-some engineers say 12 years. I felt that it was our at variance every single representation we had made concerning duty to take some step looking toward flood .control, beearu:e the payment of the particular project ; and, beyond that, there is the enior Senator [Mr. JoHNSON] said that the peril was another problem that is only secondary in importance to fleod­ immediate and that the waters of wrath would almnst any eontrol, and that is the control of the water that goes d.own into moment overwhelm Imperial Valley and destroy a zone which Mexico. produces $70,000,000 or more worth of greenery every year and You could not. with a low flood-control dam-and I have which has within it 70,000 people. I have no memory for engineering assurances in that regard-eontrol the flow for injuries done to me; and let rne say of the Senators from Cali­ Mexican lands. The only way in which you can have an abso­ fornia that I would prefer to.gild the refined gold of their many lute control, so they assure me, is by the high dam and the virtues rather than to spend any time darkening the shadows possibilities of regulation with great storage. of their few defects. . Mr. ASHURST. On the contrary, I insist that when you Mr. SIMMONS. Mr. President, may I ask the Senator one build your dam 550 feet high and generat~ 550,000 firm. pri­ qaestionr mary horsepower of electrical energy, annually. which is equiv­ Mr. ASHURST. I yield, but must hurry along. alent to all the horsepower generated at Niagara in 1917, you Mr. SIMMONS. I know. It is just a simple question, and must constantly, and during every minute, allow enormous the Senator can answer it in a word. What is estimated to quantities -of water to flow over the dam, for in order to gen­ be the cost of constructing a dam which would be adequate for erate this 550,000 primary horsepower the water flow must the purposes of flood control at that point? · be constant. It must not be interrupted a moment; but through Mr. ASHURST. The Senator knows that I am not an en­ the years to rome who is g-oing to recapture the water after gineer; but from the best advices I .am able to obtain. the ulti­ it has passed over the dam'? Answer. Mexico and Cali­ mate cost of a good flood-control dam that would save Imperial f-ornia. Valley would be $28,000,000; but making all allowances, it Now, let us examine the arithmetic of this question. would be about -$30,000,000. Here [indicating] is a map showing the Colorado River Basin. Mr. SIMMONS. And the Senator thinks that with $30,000,- AU of Arizona., except a few hundred square miles in the south, 000 we can at that point establish such works ·as are necessary is within the Colorado River Basin. .Arizona furnishes 28 per to protect that valley from floods? rent of all the waters of the Colorado River. Mr. ASHURST. I do; and I call upon all the engineers of California :furnishes not a drop of water to the Colora

/ a fair hearing on the merits of an irrigation project before such a com­ RECESS mitt ee of back scratchers is to talk arrant nonsense. The situation in the House is similar. The House Committee on Mr. CURTIS. I ask that the unanimous-consent order b~ Irrigation and R{:clamation is made up of 17 members. Of the 17, carried out at this time and that the Senate take a recess until 12 are from mountainous and arid States. The 12 are not likely to in­ to-morrow. sist upon a careful analysis of any irrigation project. They do not The PRESIDING OFFICER. Without objection, it is so want the preced ~ nt of holding such inquiries to be established. ordered. Mr. AsHURST has dramatized his position as a fight for Arizona Thereupon the Senate (at 4 o'clock and 2 minutes p. m.), against Califomia. That is good political medicine in Arizona, but it under the order previously entered, took a recess until to­ will not engage the sympathy of the citizenry in the Mississippi Valley morrow, Sunday, April 29, 1928, at 11.45 o'clock a. m. and eastward, where rather more than three-fourths of the citizenry and very nearly all the taxpayers live. If an injustice to Arizona is threatened, it is nothing compared with the injustice to the taxpayers, HOUSE OF REPRESENTATIVES who ·e representativ-es- are, therefore, Mr. AsHURST'S natural allies in SATURDAY .April28, 1fm8 this fight. If he will broaden the basis of his opposition to include them, he will have far greater chances of winning out. The taxpayers and The House met at 12 o'clock noon. their representatives will support him in a demand for an investiga­ The Chaplain, Rev. James Shera .Montgomery, D. D., offered tion and the investigation will not only save Arizona's rights but pre­ the following prayer: vent a national disgrace. Almighty God, the Father of our Lord J~us Christ, a strange, mysterious, yet merciful guest has fixed this day. The shadow [From the Chic.ago Tribune, April 17, 1928] of death has fallen across our common path. 0 in the hope MR. ASHURST ON BOULDER DAM and glory of Thy promise, let these moments whisper unto us Senator AsHURST, of Arizona, threatens to talk the Boulder Dam as they pass by. We thank Thee that the resources of our bill to death, if and when it comes up for action in the Federal wearied lives are in the heavenly regions, where the dreams Senate. He led a successful filibuster against the project in the last of love and faith come true. We would. brush aside the shadow of distress with the heart of a child who sees his Father's Congress, and thinks himself well able to lea