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Home , Alfred Conkling, Henry Lane Wilson, Peter Beter, Powhatan Ellis

1838 tONGRESSIONAL RECORD- SENATp March 11 H. R. 3859. A bill for the relief of Jose Commerce and National Association of Man­ the Journal of the proceedings of Mon­ Zavala-Rivera; to the Committee on the ufacturers, the New Jersey State Chamber day, March 9, 1953, be dispensed with. Judiciary. · of Commerce, and others, a similar declara­ The PRESIDENT pro tempore. With­ By Mr. BURLESON: tion of policy and since prices depend upon H. R. 3860. A bill conferring jurisdiction wages, that similar suggestions be made to out objection-- upon the District Court for the the major labor organizations, such as the Mr. MORSE. Mr. President, reserv­ Northern District of -Texas, Abilene division, American Federation of Labor and the Con­ ing the right to object, rule III of the to hear, determine, and render judgment gress of Industrial Organizations; to the Standing Rules of the Senate reads as upon certain claims of Yetta Mae Slayton; Committee on Banking and Currency. follows: to the Committee on the Judiciary. . 80. By the SPEAKER: Petition of R. G. Roberts, of Seattle, Wash., and others, rela­ The Presiding Officer having taken the H. R. 3861. A bill for the relief of Fumiko chair, and a quorum being present, the tive to the present financial and taxation Nakane; to the Committee on the Judiciary. Journal of the preceding day shall be read, By Mr. CELLER: systems of the Government and enclosing a proposed bill entitled "Financial Emancipa­ and any mistake made in the entries cor­ H. R. 3862. A bil'. for the relief of Alek­ rected. The reading of the Journal shall tion Act"; to the Committee on Ways and sander, Sala, Boris, and Anna Ejdelman; to not be suspended unless by unanimous con­ the Committee on the Judiciary. Means. 81. Also, petition of William I. Barnholth, sent; and when any motion shall be made By Mr. DAWSON of Utah: to amend or correct the same, it shall be H. R. 3863. A bill for the relief of Theodore Akron, Ohio, urging official .action by Con­ gress, admitting Ohio into the Union as of deemed a privileged question, and proceeded G. Passalis; to the Committee on the Judi­ with until disposed of. ciary. March 1, 1803; to the Committee on Interior By Mr. D'EWART: and Insular Affairs. Last Friday, when the Unanimous H. R. 3864._ A bill authorizing the issuance 82. Also, petition of Nicholas J. Curtis, Consent Calendar was before the Sen­ of a patent in fee to Mrs. Susie Leider; to Paterson, N. J., petitioning consideration of ate, I asked for the courtesy of having the Committee on Interior and Insular his resolution with reference to Nicholas J. Mairs. Curtis, Petitioner-Memorialist, vs. Phillip a bill go over until the next calendar day, By Mr. FULTON: Forman, U. S. district judge of New Jersey, so that I could have an opportunity to H. R. 3865. A bill for the relief of John Main Division at Trenton, N. J.; and Guy L. study the bill. The explanation given George Fient-Geigy; to the Committee on the Fake, U. S. district judge of New Jersey with respect .to it was bemuddled and Judiciary. (cited as retired), Newark, N.J., under House befuddled, and when the explanation By Mr. HOLTZMAN: of Representatives Rules XXII; X: L. R. Act, was finished, I could not make heads or H. R. 3866. A bill for the relief of Cosima S. 996. Namely, motion for leave to deposit tails out of the bill. Damiano Campanelli; to the Committee on brief or memorial with the Sergeant-at-Arms or Acting Secretary of the House of Repre­ Notice was served on me that if I did the Judiciary. not let the bill be passed on the call of By Mr. JARMAN: sentatives; to the Committee on House H . R. 3867. A bill for the relief of Mary Administration. the calendar, a motion would be made Thalia Wommack Webb; to the Committee 83. Also, petition of S. Sgt. and Mrs. R. D. to consider it. on the Judiciary. Bagaley, Jr., and others, of Braintree, Essex, Mr. TAFT. Mr. President, a point of By Mrs. KELLY of : England, petitioning consideration of their order. H . R. 3868. A bill for the relief of Selda resolution with reference to a bill now pend­ Mr. MORSE. I am reserving the Bukinski; to the Committee on the Judiciary. ing in Congress to cut subsistence pay of right to object, in order that I may make H. R. 3869. A bill for the relief of Gilbert United States servicemen overseas; to the Committee on Armed Services. my explanation with respect to · the Elkanah Richards, Adelaide Gertrude Rich­ parliamentary course of action I am ards, and Anthony Gilbert Richards; to the taking . Committee on the Judiciary. •• ..... •• By Mr. KEOGH: Mr. President, notice was served on H. R. 3870. A bill for the relief of Carlo SENATE me that a motion to consider the bill Erbetta; to the Committee on the Judiciary. would i>e made under the rules of the By Mr. KING of California: WEDNESDAY, MARCH 11,1953 Senate. I know that traditionally in H. R. 3871. A bill for the relief of Constan- the Senate, in a situation such as that, • tine N. Perkins; to the 'committee on Armed The Chaplain, Rev. Frederick Brown ·courtesy has been extended to Members Services. Harris, D. D., offered the following to have the time necessary in which to By Mr. MEADER: prayer: study the bill. H. R . 3872. A bill for the relief of Vera Hsi yen Wang Liu; to the Committee on the . Our Father God, we thank Thee for If the rules of the Senate are to be Judiciary. blue days and fair, and for eyes to see applied on a technical basis, as was done By Mr. PATTEN: and for hearts to feel the wonders of this on Friday, so far as I am concerned, H . R. 3873. A bill for the relief of settlers our Father's world. As before our eyes they will continue to be so applied. I on the International Strip at Nogales, Ariz.; winter graves change to springtime gar­ object to the request made by the sen­ to the Committee on the Judiciary. · dens, all nature speaks 'to us of stirring ator from Ohio [Mr. TAFT]. By Mr. SIMPSON of Pennsylvania: Mr. TAFT. I may say that after the H. R. 3874. A bill for the relief of Roberto life and of the barren earth being re­ born to haunting loveliness. Already reading and correction of the Journal­ Johnson; to the Committee on the Judiciary. if any correc.tion is called for-have been By Mr. TABER: bushes afire with Thee seem to whisper H. R. 3875. A bill for the relief of Peter secrets that our dull souls are too dense concluded, the only business befo.re the Wei Ting Yu; to the Committee on the to comprehend. · Senate today will be the business of the Judiciary. Fill us, we pray Thee, with fresh faith, morning hour followed by Senate bill By Mr. TEAGUE: a triumphant confidence in Thy final 697, Calendar No. 70, to provide for a H. R. 3876. A bill for the relief of Martha victory over the hearts of men. May we Delegate for the District of Columbia; Schnauffer; to the · Committee on the and then the Executive Calendar. Judiciary. face these baffling days with the glad as­ By Miss THOMPSON of Michigan: surance that no weapon that has been Mr. JOHNSON of Texas. Mr. Presi­ H. R. 3877. A bill for the relief of Pu Lun formed can prevail against Thy eternal dent, will the Senator from Ohio yield? Chien and Helens. Chien; to the Committee purpose. From the selfish schemes of Mr. TAFT. I yield. on the Judiciary. cruel and stubborn men, we turn sure Mr. JOHNSON of Texas. Can the dis­ and content to a resistless force that will tinguished majority leader give us any at last burn away every barrier to information as to what he plans to have PETITIONS, ETC. brotherhood; and to Thee, our God, who Under clause 1 of rule XXII, petitions the Senate consider on Friday? will not fail nor be discouraged until, on Mr. TAFT. I think it may be neces­ and papers were laid on the Clerk's desk a cross deep rooted in Thine own heart, and referred as follows: Thou dost lift a willful world to the ra­ sary to have the Senate meet tomorrow 79. By Mr. CANFIELD: Resolutions of the diance of Thy love and light. We ask for a brief period, or as long as the Sen­ Greater Paterson Chamber of Commerce, it in the ever-blessed name of that One ate wishes to stay, in order to receive a Paterson, N. J., that notwithstanding the who is the light of the world. Amen. message with respect to a reorganiza­ discontinuance of price controls, there be tion plan. There will be nothing more no increases in the price of its products than routine business considered on where possible, and that reductions be made THE JOURNAL where warranted, and that there be recom­ either Thursday or Friday. mended to the major organizations of indus.. Mr. TAFT. Mr. President, I ask The PRESIDENT pro tempore. The try, such as the United States Chamber of unanimous consent that the reading of clerk will proceed to rea~ the Journal. 1953 CONGRESSIONAL RECORD- SENATE 1839 The legislative clerk read the Journal ing and Currency was authorized to hold "Whereas the State of South Dakota is de­ of the proceedings of Monday, March 9, a hearing this afternoon during the ses­ pendent upon agriculture and the livestock 1953. sion of the sfmate. industry; and On request of Mr. CASE, and by unani­ "Whereas there has been a decline in farm prices and livestoc.k prices without a cor­ MESSAGES FROM THE PRESIDENT­ mous consent, the Subcommittee on responding decline in consumer prices; and APPROVAL OF BILL Internal Security of the Committee on the Judiciary was authorized to meet "Whereas the national economy is jeopar­ Messages in writing from the Presi­ dized whenever any area suffers from adverse this afternoon during the session of the producing and marketing conditions: Now, dent of the United States were commu­ Senate. nicated to the Senate by Mr. Miller, one therefore, be it "Resolved, That the Senate of the State of his secretaries, and he announced that EXECUTIVE COMMUNICATIONS, ETC. of South Dakota, the House of Representa­ on March 10, 1953, the President had tives concurring therein, do memorialize the approved and signed the act (S. J. Res. The PRESIDENT pro tempore laid be­ Congress of the UJ.J.ited States to determine 27) to amend section 2 (a) of the Na­ fore the Senate the following letters, the causes of the decline in farm and :ive· tional Housing Act, as amended. which were referred as indicated: stock prices and to take necessary corrective MRS. EVA YECHEVED PANETH-ADJUSTMENT OF steps to stabilize farm income so that agri­ IMMIGRATION STATUS culture may obtain its rightful share of the national income; be it further MESSAGE FROM THE HOUSE A letter from the Attorney General, trans­ A message from the House of Repre­ mitting, pursuant to law, a copy of an order "Resolved, That copies of this concurrent sentatives, by Mr. Chaffee, one of its entered regarding the application of Mrs. resolution be forwarded to ~is Excellency, Eva Yecheved Panetn for an adjustment of the President of the United States, to the reading clerks, announced that the Secretary of Agriculture of .the United States House had passed a bill

boards, in substance, divided the field so as THE EFFECT OF SECTION 10 (A) manufacturing establishments,24 service to leave to the National Board the interstate In June 1947 the National Labor Relations trades,26 and other types of essentially local industries, while leaving predominantly local Act was amended by the National Labor enterprises.2s and borderline situations to the State board. Management Relations Act of 1947.16 Sec­ The National Board's projection of its In general, the New York board handled: tion 10 (a) of the National Act, now jurisdiction to such far reaches was criti­ (1) Retail stores; (2) small industries which provides: cized by the House Committee on Expendi­ receive all or practically all raw materials "The Board is empowered, as hereinafter tures in the Executive Departments.27 Since from within the State of New York, and do provided, to prevent any person from en­ that report, the National Board has declined not ship any material proportion of their gaging in any unfair labor practice (listed to exercise jurisdiction in a number of 28 product outside the State; (3) service trades; in section 8) affecting commerce. This cases. ( 4) office and residential buildings; ( 5) power shall not be affected by any other In each case, however, the declination was small and clearly local public utilities; (6) means of' adjustment or prevention that has placed, not on the ground of lack of juris­ storage warehouses; (7) construction opera­ been or may be established by agreement, diction, but on the ground that assertion of tions; (8) other obviously local businesses. law or otherwise: Provided, That the Board jurisdiction over the particular case "would The national and New York boards con­ is empowered by agreement with any agency not effectuate the . purposes of the act." tinued to operate under this agreement for of any State or Territory to cede to such Subsequently, in October 1950, the Na­ almost 10 years. That entire period was agency jurisdiction over any cases in any tional Board announced the establishment of characterized by harmonious relations and industry (other than mining, manufactur­ standards which would govern its exercise complete cooperation. Doubtful cases were ing, communications, and transportation ex­ of jurisdiction thereafter. The standards cleared between the two boards and, where cept where predominantly local in character) "reflect in large measure, the results the occasion required, parties were referred even though such cases may in'volve labor reached in the [National] Board's past de­ by one lboard to the other. In 1946, for ex­ disputes affecting commerce, unless the pro­ cisions disposing of similar jurisdictional is­ ample, the National Board, for budgetary and vision of the State or Territorial statute ap­ sues," including the prior policy that the other administrative reasons, referred all plicable to the determination of such cases National Board would not "exercise its juris­ cases involving New York brokerage houses by such agency is inconsistent with the cor­ diction to the fullest extent possible under 8 the authority delegated to it by Congress; to the New York board. responding provision of this act or has re­ DECISIONS OF THE UNITED STATES SUPREME but [would] limit that exercise to enter­ ceived a construction inconsistent there­ prises whose operations have or at which COURT with." labor disputes would have, a pronounced im­ In 1947, the .United States Supreme Court It appears that the proviso in section 1Q pact upon the fiow of interstate commerce." 29 issued its decision in Bethlehem Steel Co. v. (a) was inserted to eliminate any doubts, Under its statement of October 1950, the N. Y. S. L. R. B.0 That case arose out of arising out of the Bethlehem decision, as to National Board will assert jurisdiction in the New York board's assertion of jurisdic­ the power of the National Board to enter the following situations: tion over a representation proceeding involv­ "1. Instrumentalities and channels of in­ ing foremen. At the time the New York into working arrangements with State agencies.n Unfortunately, however, section terst ate and foreign commerce (for example, board first assumed jurisdiction of the case, radio systems) . 10 (a) has operated to preclude any possi­ the National Board held units of supervisory "2. Public utility and transit systems. employees inappropriate for purposes of col­ bility of collaboration and cooperation be­ "3. Establishments which operate as in­ lective bargaining and declined to entertain tween the National and State boards. That tegral parts of a multistate enterprise (for petitions by foremen.10 · has resulted from the rigid and inflexible example, chain stores, and branch divisions Although the National Board subsequently statutory requirement of consistency, which, of national or interstate organizations). 11 reversed its policy concerning foremen, the by depriving the National Board of discre­ "4. Enterprises which produce or handle Supreme Court held that the State board tion, has made it impossible for the National goods destined for out-of-state shipment, had acted without jurisdiction, apparently Board to continue or enter into new agree­ or performing services outside a State, if the grounding its decision principally on the f act goods or services are valued at $25,000 a year. that the National Board customa rily asserted ments with any State agency. jurisdiction over the steel industry and had This situation was remarked upon by the 24 previously exercised jurisdiction over the Chairman of the National Board in June Unique Ventilation Co. (75 N. L . R. B. particular employer. As the case was not 1948, when he appeared before the Joint No. 41, 21 L. R. R . M. 1029); Pacific Moulded one covered i)y the working arrangement be­ Congressional Committee on Labor-Ma nage­ Products Co. (76 N. L. R . B. 164, 21 L. R. R. M. tween the two boards, the Supreme Court ment Relations. On that occasion, he sug­ 1328) ; B i nns Passaic Iron & Brass Foundry did not pass upon the validity of the work­ (77 N. L. R. B. No. 60, 22 L. R. R; M. 1016); gested that "Congress may also desire to Atlanta Brick & Tile Co. (79 N. L . R . B. No. ing agreement between them or upon the reappraise the language of section 10 (a) effect of a declination of jurisdiction by the 104, 22 L . R. R. M. 1444). of the present act, which bars the National 26 national board.12 Nevertheless, both the ma­ Vogue Wri ght St udios (76 N L. R. B. Board from ceding jurisdiction over rela­ jority and minority opinions commended the No. 111, 21 L. R. R. M. 1246). efforts of tl:ie boards to reconcile the national tively local controversies to State boards 26 L i ddon White T r uck Co. (76 N. L. R. B. and State interests in the fi.eld.1a unless they are enforcing legislation sub­ No. 165, 21 L. R. R. M. 1290; Puritan Chevro­ In LaCrosse Telephone Co. v. Wise. E. R. B.,14 stantially identical with the Federal stat­ let Co. (76 N. L. R . B . No. 180, 21 L . R. R. M. the Supreme Court apparently enlarged the utes." He further pointed out that as a re­ 1309); Herboth Tractor Co. (79 N. L. R . B. scope of its decision in the Bethlehem case sult, "There is considerable danger of creat­ No. 58, 22 L. R. R. M. 1392; Adams Motors so as to prohibit State action in an industry ing a no man's land, especially if the Na­ (80 N. L. R. B. No. 236, 23 L. R. R. M. 1272) . . in which the National Board had customarily tional Labor Relations Board decides to re­ 21 Twelfth Intermediate Report of the Com­ asserted jurisdiction, even though the Na­ frain from exercising its own jurisdicton to mittee on Expenditures in the Executive De­ partments, 80th Cong, 2d sess., H. Rept. No. tional Board had never asserted jurisdiction the hilt." 18 Perhaps it was p artly because of over the particular employer and employees 2050. See also critical report of the joint that danger that the Nationa l Board asserted concerned. Again, the Court did not pass commit tee, 23 L. R. R. 132. upon the power of the · National Board to its jurisdiction "to the hilt." Thus, ' the 2s See, e. g., Red Star Industrial Serv ice "cede" jurisdiction to a f;)tate agency.15 National Board has asserted jurisdiction over (80 N. L. R. B. No. \35, 23 L. R. R. M. 1159); retail stores,10 loft ' buildings,20 local bus Nat' l. Tool Co. (78 N. L. R. B. No. -, 22 lines,21 exterminators,22 laundries,23 small L. R. R. M . 1234); J. E . Stone Co. (78 8 See minutes of national board, August 16, 1946, printed in 330 U. S. at p. 796, 91 N. L. R . B. No. 73, 22 L.' R . R. M. 1254); Sta-Kleen Bakery (78 N. L. R . B . No. 94, 22 L. Ed. at p. 1257. 16 29 U. S. A. 141, et seq. c: L. R. R . M. 1257); Fehr Baking Co. (79 9 330 U. S. 767, 91 L. Ed. 1234. n S. Rept. No. 105, 80th Cong.: Pt. I, p. 26; N. L. R. B. No. 60, 22 L. R. R. M. 1398); 1o Matter of Maryland Drydock Co. (49 pt. II, ·p: 38. N. L. R. B. 733 (1943)). Detroit Canvas Mfgrs. Assn. (80 N. L. R. B. ts 22 L. R. R. M. 119. No 54, 23 L . R. R. M. 1082); Screw Machine 11 Matter of Packard Motor Car Co. (61 19 Park-Belk Co. (77 N. L. R. B. No. 71, 22 Prod. Co. (79 N. L. R. B. No. 120, 22 L. R. R. M. N. L. R. B. 4, enforced, 157 F. (2d) -so, aff'd, L. R. R. M. 1036) ; Electr ical Equi pment Co. 330 U. S. 485, 91 L . Ed. 1040 ( 1947) ) . 1459); Tampa Sand & Materi al Co. (78 (76 N. L. R. B. No. 155, 21 L. R. R. M. 1285); N. L. R . B. No. 74, 22 L. R. R. M. 1253); 12 330 U. S. at 776, 91 L. Ed. at 1247. . Sam's Inc: (78 N. L. R. B. No. 104, 22 Midland Bldg. Co. (78 N. L. R . B. No 171, 22 1a 330 u. S. at 776, and 782, 784, 91 L. Ed. · L. R. R. M. 1271.) at 1247 and 1250, 1251. L. R. R. M. 1316). 20 Lowell Industrial Develop: Co. (80 2u National Board press release, . dated Oc­ 14 336 u. s. 18. N. L. R. B. No. 251, 23 L . R. R. M. 1278). tober .6, 1950. This policy of limiting its 1 5 336 U. S. at 26, 27: "The result we have reached is not changed by the Labor-Mana ge­ 2t Amarillo Bus Co. ('78 N. L. R. B. No. 158, assertion of jurisdiction is based upon the ment Relations Act of 1947, 61 Stat. 136, 29 22 L. R. R . M. 1327); Lynchburg Transit Co. discretionary power of the National Board, U. S . c. supp. I, sees. 141 -et seq. That act (79 N. L. R. B. No. 72, 22 L. R . R. M. 1419); upheld by the Federal courts, to assert or grants the national board authority under Des Moines S. & S. Route (78 N. L. R. B. No. withhold jurisdiction. Denver Bui lding & specified conditions to cede its jurisdiction 170, 22 L. R. R. M. 1324) Construction Trades Council (341 U. S . 675, to a State agency. But it does not appear 22 Orkin Termite Co. (79 N. L. R. B. No. 684); Halston Drug Stores, Inc. v. N. L. R. B. that there has been any cession of jurisdic­ 113, 22 L. R. R. M. 1460). (187 F. (2d) 418, rev. den. 324 U.S. 815). Cf. tion to Wisconsin by the national board in 2a N. Y. Steam Laundry (80 N. L . .R. B. No. Joliet Contractors v. N. L. R. B. (193 F. (2d) representation proceedings." 242, 23 L. R. R. M. 1286). 833). 1848 CONGRESSIONAL RECORD= SENATE March 11 "5. Enterprises which furnish services or Even when the States attempt to act in to decline jurisdiction and to execute agree­ materials necessary to the operation of en­ purely local cases they are met by attacks ments with State boards would rest with the terprises falling into categories 1, 2 and 4 on their jurisdiction. For example, the ju­ national board. Moreover, it would make it above, provided such goods or services are risdiction of the New York board has been possible for the National Board to distin­ valued at $50,000 a year. contested in cases involving a parking lot,oo guish betwen industries, cases or classes of "6. Any other enterprise which has (a) a clea:r;ting and dyeing business,37 small retail cases, according to whether they substanti­ a direct inflow of material valued at $500,000 stores,38 and local restaurants.39 Even if a ally affect interstate commerce or are more a year; or (b) an indirect inflow of material State board ultimately is successful in estab­ essentially local in nature, and to take into valued at $1 million a year; or (c) a com­ lishing its jurisdiction, the processing of consideration the availability of State bination inflow or outflow of goods which such cases can be inordinately delayed by agencies. The proposal accords with the add up to at least a total of '100 percent' of attacks in the State or Federal courts. Supreme Court's statement that, in deter­ the amounts required in items 4, 5, 6 (a) and mining whether a labor dispute substantially PROPOSED AMENDMENT (b) above. affects interstate commerce, consideration "7. Establishments substantially affecting The foregoing discussion has shown that, should be given "to the bearing and effect national defense." under present law, the National Board is of any protective action to the same end The promulgation of this jurisdictional unable to cede jurisdiction to State or terri­ already taken under State authority. The formula, however, still leaves unresolved, and torial agencies and that the right of States justification for the exercise of Federal power indeed emphasizes the importance of, the to act, where the National Board declines to should clearly appear." 40 question whether the States may act in labor assert jurisdiction, has been questioned. It is submitted that the proposed amend­ disputes over which the National Board has, The result has been to establish a "no-man's ment would- but declines to assert, jurisdiction. Whether land" in which labor disputes are, or may 1. Eliminate any doubt as to the authority the States may act under such circumstances be, wholly unregulated. The situation mani­ of the National Board to decline to assert is a question on which there is disagree­ festly is one which calls for congressional jurisdiction and to enter into working agree­ ment.30 Yet unless the States may act in action. ments with the various State boards; such cases, the labor disputes will be en­ The amendment, it is submitted, should be 2. Eliminate the present inflexibility of tirely unregulated. framed with three basic objectives in mind. section 10 (a); The Taft-Hartley Act not only complicated 1. The discretionary power of the National 3. Permit the National Board to devote its but increased the importance of this prob­ Board to decline to assert jurisdiction pres­ time and energies to labor disputes which lem. Prior to 1947 the national act dealt ently exists by virtue of administrative and . really are matters of national concern, un­ only with representation proceedings and judicial interpretation of the national act. hindered by the necessity of processing pri­ employer unfair labor practices; and the The right to decline jurisdiction should be marily local matters which can be handled States, even after the Bethlehem and La expressly set forth in the act, so that there by available State agencies; Crosse decisions, were free to act in the broad may be no question as to the propriety of 4. Eliminate the danger of a no-man's fields not covered by Federal regulation.a1 such action by the National Board. land in which labor disputes are subject to The 1947 amendq1ents, however, comprehen­ 2. In order to avoid a "no-man's land," the neither Federal nor State regulation; sively regulated practically the entire field States must be free to act in labor ~isputes 5. Permit appropriate State agencies to of labor relations. The field preempted by over which the National Board· might assert process local and borderline cases free from Congress was expanded to cover subjects jurisdiction but declines to do so. State jurisdictional attack; which traditionally had been regulated by action should be permitted, without the 6. Permit a return to the cooperation be­ State equity courts and by State legislation.32 necessity of formal cession of jurisdiction, tween the National and State boards which As Federal preemption of the field is applica­ in all cases which do not come within the previously existed. ble whether State regulation is sought to be National Board's jurisdictional formula, and Respectfully submitted accomplished through administrative ac­ in individual cases in which the National NEW YORK STATE LABOR RELATIONS tion,sa court decree,34 or legislative enact­ Board ha.s declined to assert jurisdiction. BOARD, ment,315 the importance of the problem, aris­ 3. The National Board should be empow­ MEYER GOLDBERG, Member. ing out of the combination of Federal pre­ ered, in its discretion, to cede jurisdiction FRANK D. MAURIN, Member. emption and discretipnary refusal to assert over cases, or categories of cases, which tt PHU.IP FELDBLUM, Federal power, is readily apparent. It affects might otherwise process, to appropriate State General Counsel. not only the relatively few States which have or territorial agencies. The amendment labor-relations boards, but the courts of all should substitute broad discretionary pow­ 48 States. ers, vested in the National Board, for the QUITCLAIM OF CERTAIN PROPERTY Declination of jurisdiction by the National present rigid and inflexible requirement of IN OHIO Board of borderline cases thus provides no consistency contained in the present sec­ answer to the problem. Agreements per­ tion 10 (a). Mr. BRICKER. Mr. President, I in­ mitting State agencies to handle primarily It is suggested, therefore, that the proviso troduce for appropriate reference a bill local matters are barred by the inflexibility contained in section 10 (a) of the national to quitclaim certain real property here­ of section 10 (a). And under the decisions act be repealed. That section 6 be re­ tofore conveyed to the State of Ohio of the Supreme Court there is a serious ques­ numbered section "6 (a)," and that the fol­ under restrictions limiting its use to the tion whether the States, in the absence of lowing subdivisions be added to section 6: cession, may act in any industry to which "(b) (1) The Board, in its discretion, may training of juvenile delinquents and cer­ the national act can be made to reach, even decline to assert jurisdiction over any labor tain other persons. I ask unanimous though the National Board has never exer­ dispute where, in the opinion of the Board, consent that the bill and a statement cised, and declines to exercise, jurisdiction the effect on commerce is not sufficiently prepared by me relating to the bill be over .the particular employer and employees. substantial to warrant the exercise of its printed in the RECORD. Thus, there is real danger of leaving labor jurisdiction. The PRESIDENT pro tempore. The disputes in a no-man's land in which the " ( 2) Nothing contained in this act shall bill will be received and appropriately Federal power is not applied, and t}le local be deemed to prevent or bar any agency, referred;· and, without objection, the bill community, which bears the direct and im­ or the courts, of any State or Territory, from mediate impact, is barred from effective ac­ assuming and asserting jurisdiction over and statement will be printed in . the tion, not by Federal action, but by Federal labor disputes over which the Board de­ RECORD. inaction. clines, pursuant to paragraph (1) of thls The bill

1.953 ·coNGRESSIONAL RECORD.=. SENATE 1849 by the Federal Security Administrator on That club. is as good an example8.s any vide a just solution to this knotty March 30, 1950, conveying such property to of why these after-hours drinking spots problem. the State of Ohio on the condition that it be must be eliminated from the Nation's Capi­ I ask unanimous consent to have used for the training of juvenile delinquents tal, and why new legislation is needed to printed in the RECORD a statement I have and certain other persons. bring this about. For not long after ·that fatal shooting, the club was reopened in ~he prepared concerning the concurrent The statement by Mr. BRICKER is as same location and under the same guidmg resolution. follows: sponsorship as before but with a new name, The PRESIDENT pro tempore. The STATEMENT BY SENATOR BRICKER the Downtown Club. Recently this club_, in concurrent resolution will be received turn was raided and closed for illegal sales. The bill is designed to speed up a slow­ and appropriately referred; and, with­ And tomorrow, it will open for the third time, out objection, the statement will be · motion transfer of lands from the Federal I am informed, as the 606 Club, ·still with the Government to the State of Ohio. The lands same guiding spirit behind a new set of printed in the RECORD. involved are part o'f the site of the former directors. The concurrent resolution

from the District of Columbia in the House qu~lified electors voting therein. It the court markable growth has lifted California of Representatives." voids an election it may order a special elec- from the 13th ranking cotton producing METHOD OF VOTING tion, which shall be conducted in such man­ ner (comparable to that prescribed for regu- State in 1920 to the second largest in SEc. 11. (a) Voting in all elections shall be lar elections), and at such time, as the 1951. Only Texas produced more cotton secret. Voting may be by paper ballot or Board shall prescribe. The decision of such than California in 1951. In 1920, Cali­ voting machine. court shall be final and not appealable. fornia's production was only 0.5 percent · (b) The ballot of a person who is registered as a resident of the District shall be valid SPECIAL ELECTIONS of the Nation's cotton crop, but in 1951 only if cast in the voting precinct where the ·· SEC. 13. (a) If the office of Delegate be­ California is estimated to have produced residence shown on his registration· is located. comes vacant at a time when the unexpired 12 percent of the United States crop. (c) There shall be no absentee voting. term of such. office is 6 months or more, a: In 1920, cotton and cottonseed produc­ (d) Each qualified candidate may have a special election and, if necessary, a runoff tion in California was valued at $5.1 watcher at each polling place, provided the election shall be held, at such time as the. million; in 1930 the value was $15.3 mil­ watcher presents proper credentials signed President shall direct, and in such manner lion; $37.5 million in 1940; and $400.6 by t.he candidate. No one shall interfere (comparable to that prescribed for elections million in 1951. In about three decades with the opportunity of a watcher to observe held under section ·7) as the Board of Elec­ the conduct of the election at that polling tions shall prescribe. the value of the California cotton crop place and the counting of votes. Watchers (b) If a court orders a special election increased to 78 times its 1920 value. may challenge prospective voters who are under section 12, it shall be conducted in This tremendous increase has meant believed to be unqualified to. vote. such manner (comparable to that prescribed more money for California consumers (e) · If the official in charge of the polling for the election which was voided), and at and industry. It also means that cotton place, after hearing both parties to any such such time, as the Board shall prescribe. production has become an important challenge or acting on his OWn initiative INTERFERENCE WITH REGISTRATION OR VOTING source of the State's farm income. In with respect to a prospective- vt>ter, reason- SEc. 14. (a) No one shall interfere with. 1930, the value of the cotton crop was 2 ably believes the prospective voter is unqual- ified to vote, he shall allow the voter to cast the registration or voting of another person, percent of California's farm income, but a . paper ballot marked "challenged". Bal.:.- except as it may be reasonably necessary in in 1951 it had increased to 15 I'ercent. lots so cast shall be segregated, and no such the performance of a duty imposed by law. In 1952, cotton was grown on 1,407,000 ballot shall be counted until the challenge No person performing such a duty shall in­ California. acres. This was the largest. has been removed as provided in subsection terfere with the registration or voting of cotton acreage in California on record, (f). . another person because of his race, color, 9 times the acreage in 1920; 5 times the (f) If a person has been permitted to vote sex, or religious belief, or his want of prop­ 1930 acreage and 4 times· the acreage in only by challenged ballot, such person, or erty or income. any qualified candidate, may appeal to the (b) No registered voter shall be required 1940. These :figures indicate that acre­ Board within 3 days after election day. The to perform a military duty on election day age in California has not increased as Board shall decide within 7 days after the which would prevent him from voting, ex­ much as cotton production. appeal is perfected whether the voter was cept in time of war or public danger or The figures on the output per acre also qualified to vote. If the Board decides that unless he is away from the District in mill­ have been rising steadily over the past the voter was qualified to vote, the word tary service. No registered voter may be ar­ three decades. The yield per harvested "challenged" shall be stricken from the rested while voting or going to vote except acre has tripled, increasing from 212 voter's ballot and the ballot shall be treated for a breach of the peace then. committe4 as if it had not been challenged. or for treason or felony. pounds in 1920 to 640 pounds in 1951. By (g) If a voter is physically unable to mark VIOLATIONS contras~, the United States average yield his ballot or operate the voting machine, the SEc. 15. W.hoever willfully violates any per acre increased only 45 percent over offiCial in charge of the voting place may provision of this act, or of any regulation the same period from 187 to 272 pounds. enter the voting booth with him and vote as prescribed and published by the Board under For the 29 crops since 1923, · California directed. Upon the request of any such authority of this act, shall be guilty of a has shown either the highest or second voter, a second election official may enter · misdemeanor, and upon conviction thereof highest average yield per acre of any cot­ the voting booth to assist in the voting. shall be fined not more than $500 or impris­ ton producing State. Although Arizona The officials shall tell no one how the voter oned for not more than 6 months, or both. had the highest average yield for the past voted. The official in charge of the voting place shall make a return of all such voters, 5 crops, California has ranked highest giving· their names and disabilities. COTTON . PRODUCTION IN for 21 of the 29 crops. (h) No person shall vote more than once These :figures indicate that the growth. in any election. CALIFORNIA in California's cotton production reflects (i) Copies of the regulations of the Board Mr. KNOWLAND. Mr. President, as I an efficient utilization of resources. with respect to voting shall be made avail­ have a committee meeting to attend, I This efficiency of the California cotton able to prospective voters at each polling should like at this time to make a brief proQ.ucer indicates that California will place. statement. This morning, my colleague, continue to be one of the country's most RECOUNTS AND CONTESTS the junior Senator from California [Mr. important cotton-producing States for SEc. 12. (a) If, within 7 days after the KUCHEL], and I sent to the office of each many years to come. Board certifies the results of an election, any of the Senators a sample of cotton pro­ qualified candidate at such election petitions Credit for this great progress in Cali­ the Board to have the . votes cast at such duced within the State of California. I fornia's cotton production goes to all election recounted in one or more voting am sure that, were it not for the fact those cooperators in the breeding of cot­ precinqts, the Board shall order such recount. that my distinguished colleague is now ton, the distribution and sale of uniform In each such case, the petitioner shall deposit presiding over the Senate of the United seed to maintain the entire State as a a fee of $5 for each precinct petition to be States, he would want to join in a few one-variety community, the production recounted. If the cost of the recount is less remarks dealing with this subject. of cotton on increased acreage with than $5 per precinct, the difference shall be The record of cotton production in modern methods of cultivation and har­ refunded. If the result of the election is changed as a result of the recount, the entire California over the past three decades vesting, the ginning of cotton with the amount deposited by the petitioner shall be shows a rapid and steady growth. As a most improved types of ginning equip­ refunded. Such recounts shall be conducted result the cotton industry in California ment, the crushing of seed for the pro­ in the manner prescribed by the Boa~d by has become increasingly important in duction of food for man and feed for live­ regulation. the economy of California and also of the stock, and the merchandizing of the :fin­ (b) After the Board certifies the results Nation. Most of the lint cotton produced ished products here at home and abroad. of an election, any person who voted in the in California is shipped out of the State Through advanced breeding programs election may petition the United States Dis­ trict Court for the District of Columbia to to foreign countries and to our domestic implemented by effective planting seed review such election . • In response to such a mills located, for the most part, in the the quality of the cotton has been raised pet ition, the court may set aside the results eastern part of the United States. The to recognized superiority in :fiber and so certified and declare the true results of cottonseed produced in California fur­ high yield. Good reserves of seed . are the election,.or void the election. To deter­ nishes raw materials for the upholstery, maintained at all times for uniformity mine the true results of an election the court beddings, chemical, and edible vegetable of production results. California en­ may order a recount or take other appro­ oil -industries of the United States. gineers and producers of cotton have priate action, whether or not a recount has gone farther than those in any other been conducted or requested pursuant to In 1920, California produced 67,000 subsection (a). The court shall void an elec­ . bales of cotton-500-pound bales. By State in mechanizing the harvesting of tion only for fraud, mistake, or other defect, · 1930, California cotton production had cotton. About two-thirds of the Cali­ serious enough to vitiate the election as a increased to 264,000 bales and in 1952 it fornia crop is now harvested mechani.­ fair expression of the will of the registered is estimated at 1,825,000 bales. This re- cally. In this, the State leads all others. 1866. CONGRESSIONAL Rl:CORD- SENATE March 11 I believe that California also has prob· :: · ·;·.,...·. . EXECUTIVE SESSION for; the ·particular problems of women ably made greater advancement than ·Mr. TAFT; I move that the Senate everywhere in the economic and social most other States in the modernization proceed to the consideration of executive field, but a record of achievement in of ginning equipment. Many new mod· bUsiness. contributing to the solution of those ern gi:ns have been installed to facilitate The motion was agreed to; and the problems. As national president of the the ginning of the crop as rapidly as it Senate proceeded to the consideration of American Legion Auxiliary, she had an is mechanically harvested. executive business. intimate knowledge of the attitude of the Crushing plants are most efficient. women of the United States toward war Long trains carry the cotton for the ·and its aftermath, and also of the prob­ manufacture of quality textiles in the EXECUTIVE MESSAGES REFERRED lems of the men who served so valiantly Carolinas and New England. Large The PRESIDING OFFICER $:t~~~~-.,. '*""~ -'~ Education: Milton Academy graduate: Yale University, bachelor of arts, 1932. great institution-the intellectual hub of The PRESIDING OFFICER. The Experience: Appointed Foreign Service oftl­ the universe. question is, Will the Senate advise and cer unclassified, vice consul of career, and I hope the Senate will speedily ap­ consent to the nomination of Livingston secretary in the diplomatic service, October prove this nomination. I-am confident T. Merchant to be Assistant Secretary of 1, 1935; vice consul at Vancouver, October 3, that Mr. . Merchant will serve his coun­ State? 1935; Foreign Service School, December 5, try well. 1936; vice consul at Naples, April 7, 1937; The nomination was confirmed. vice consul and third secretary at Paris, De­ The PRESIDING OFFICER. The . The Chief Clerk read the nomination cember 17, 1937; third secretary at Vichy, question is, Will the Senate advise and of Douglas MacArthur 2d to be Coun­ June 10, 1940-November 8, 1942; vice consul consent to the nomination of Livingston selor of the Department of State. at Lisbon, July 19-0ctober 17, 1940; class 8, T. Merchant to be Assistant Secretary Mr. SMITH of New Jersey. Mr. Presi­ May 1, 1941; Glass 7, July 16, 1943; to the of State? dent, on behalf of the chairman of the Department, February 18, 1944; secretary of Mr. '!'AFT. Mr. President, as I un­ mission, staff of United States political ad­ Committee on Foreign Relations, I rec­ viser, supreme headquarters, AEF, at London, derstand, the confirmation of the nomi­ ommend to the Senate the nomination temporary, August 17, 1944; secretary and nation ·does not necessarily carry with it of Douglas MacArthur. 2d to be Coun­ vice consul at Paris, Septmeber 8, 1944 (can­ the endorsement by the Senate of the selor of the Department of State. celed); at Paris, October 2, 1944; second university to which the Senator from Mr. MacArthur, who is the nephew of secretary at Paris in addition to duties as New Jersey has referred. the famous general, is a career Foreign vice consul, May 10, 1945; class 6, May 16, The PRESIDING OFFICER. It is Service officer with 17 years of experi­ 1945; class 5, August 13, 1945; consul, Novem­ understood that it does not constitute ber 12, 1946; consul at Paris in addition to ence, mainly concerned with Western duties as second secretray, November 12, 1916; official notice on the part of the Senate Europe. He was born in Bryn Mawr, Pa., Foreign Service officer of class 4, November that Princeton University is the intel­ in 1909, graduated from Yale in 1932, 13, 1946; class 3, May 15, 1947; first secretary lectual hub of the universe. served 2 years in the Officers Reserve at Paris in addition to duties as consul, July Mr. HICKENLOOPER. Mr. · Presi­ Corps as a first lieutenant, and entered 16, 1947; at , July 12, 1948; to the dent, t assume that the statement of the Foreign Service in 1935. He has been Department, March 31, 1949; Chief, Division the Senator from New Jersey with re­ of Western European Affairs, May 16, 1949; a _.::;igned to Vanoouver, Naples, Paris, Deputy Director, Office of European Regional spect to Princeton University is in the Vichy, Lisbon, London, and Brussels in Affairs, October 3, 1949; class 2, May 23, 1950; form of dictum. positions of steadily increasing impor­ counselor of Embassy, Paris, February 16, Mr. SMITH of New Jersey. I am glad 1951; Foreign Service officer of class 1, Febru­ to make it in the form of dictum, obiter ta~ce and responsibility. He has also ary 21, 1952; to the Department, October 15, dictum, or in any other form. _ served in Washington as chief of the 1952. . Mr. President, I ask unanimous con­ Division bf Western European Affairs Military: Offi.cers Reserve Corps, 1933-35, and deputy director of the Office of Eu­ first lieutenant. sent that there be printed in the RECORD Status: Married. · .c,, • )~ 1 ; at this point, as a part of my re~a:rks, .· ropean Regional Affairs. For a time a short biographical Bketch of- Mr. during the war he was on the staff of The PRESIDING OFFICER. The Merchant. Gep.eral Eisenhower's political adviser. question is, Will the Senate advise and 1868 CONGRESSIONAL RECORD- SENATE March 11 consent to the nomination of Douglas There being no objection, the oio­ course of his duties served in many posts MacArthur 2d to be Counselor the De-. graphical sketch was ordered to be abroad, the majority of them in Latin · ;r printed in the REcoRD, as follows: America. In 1926 Mr. White became As­ partment of State? . sistant Secretary of State for Latin The nomination was confirmed. · BIOGRAPmCAL SKETCH OF GEORGE V. ALLEN Born: Durham, N. C., November 3, 1903. American Affairs; and in July 1933 he l " Education: Durham High School gradu­ was assigned as the American Minister DIPLOMATIC AND FOREIGN SERVICE ate; Duke University, bachelor of arts, 1924; to Czechoslovakia. Shortly thereafter Harvard University, master of arts, 1929. . he resigned, as he explained to the com­ The Chief Clerk read the nomination Experience: Teacher in high school, 1924- mittee, because of financial considera­ of George V. Allen to be Ambassador 28; newspaper reporter, 1926, 1927, 1928; edi­ tions. He has, therefore, been out of the Extraordinary and Plenipotentiary of torial clerk, Census Bureau, 1929; appointed diplomatic service for the last 19 years. the United States of America to India, ·Foreign Service officer, unclassified, vice con- Immediately upon his resignation, Mr. and serve concurrently and without sul of career, and secretary in the diplomatic to service, April 15, 1930; vice consul at King­ White became the executive vice presi­ additional compensation as Ambassador ston, Jamaica, April 29, 1930; Foreign Service dent of the Foreign Bondholders Pro­ Extraordinary and Plenipotentiary of the School, July 16, 1930; vice consul at Shang­ tective Council. Ultimately he became United States of America to Nepal. hai, November 8, 1930; at Patras, August 15, the president of the council. This or­ · Mr. SMITH of New Jersey. Mr. Presi­ 1934; at Athens, temporary, January 17, ganization was created in 1933, at the dent again speaking for the chairman 1936; at Patras, February 10, 1936; vice con­ request of the Secretary of State, the of the Committee on Foreign Relations sul and third secretary at Cairo, July 21, 1936; class 8, April 1, 1937; consul, April 22, Secretary of the Treasury. and the and for the committee itself, I desire to 1937; consul at Cairo in addition to duties Chairman of the Federal Trade Commis­ make a brief statement in regard to as third secretary, April 26, 1937; to the sion, as a nonprofit organi~ation to nego­ Mr. George V. Allen. I wish to make Department October 1, 1938; class 7 April 1, tiate with foreign governments that had the statement particularly because of my 1939; class 6, June 1, 1942; divisional assis­ publicly issued bonds in the United observation of his distinguished work in tant at $5,600, August 1, 1942; Assistant States. It had as its purpose to nego­ Chief, Division of Near Eastern Affairs, July tiate in behalf of American bondholders previous posts, such as in Iran and 1, 1943; at $6,500, September 16, 1943; Chief, Yugoslavia. Division of Middle Eastern Affairs, January who needed a central organization. · Mr. George V. Allen, who has been 15, 1944; at $8,000 (P-8), July 1, 1944; also During the time when Mr. White wa~ United States Ambassador to Yugoslavia executive officer, Office of Near Eastern and connected with it, he negotiated about African Affairs, October 16, 1944; Deputy $2 billion worth of defaulted bonds. for the past B years, has been ~ominated Director, Office of Near Eastern and African In Maryland and wherever else he has by the President to be our Ambassador Affairs, April 19, 1945; Ambassador Extraor­ worked, Mr. White has an excellent repu­ to India where he will succeed Ambas­ dinary and Plenipotentiary to Iran April tation. He has always been respected sador Chester Bowles. He will also serve 23, 1946; Foreign Service officer of class of for his integrity and ability.' He speaks as our Ambassador to Nepal. career minister November 14, 1946; Assis­ tant Secretary of State, February 26, 1948; to French and Spanish, and has had a dis­ The Committee on Foreign Relations the Department, March 30, 1948; a repre­ tinguished career in the Foreign Service considered Ambassador Allen's nomina­ sentative of the United States to the third of the United States. These are some - tion on March 10, 1953, and recommends session of the General Conference of the of the considerations that are responsi­ · that the Senate confirm his nomination. United Nations Educational, Scientific, and ble for ~ecommendation by the Commit- · Mr. Allen, who was not able to be Cultural Organization, to be held from tee on Foreign Relations that the Senate October 18 to November 10, 1948, June 24, present before the Committee because of •1948; a representative of the United States give its advice and consent to the nomi­ his absence from the United States, is to the fourth session of the General Confer­ nation of Mr. Francis White, to be Amer­ well known to a number of members of ence of the United Nations Educational, ican Ambassador to Mexico. the Committee on Foreign Relations. He Scientific, and Cultural Organization, Sep­ Mr. President, I ask unanimous con­ tember 21, 1949; Ambassador Extraordinary sent to have printed at this point in the has appeared before the committee in and Plenipotentiary to Yugoslavia OCtober the past in connection with his service RECORD a brief biographical sketch of 27, '1949. " . Mr. White. as Assistant Secretary of state for Public Status: Married. Legal residence: North Carolina. There being no objection, the bio­ t Affairs and when he was nominated to graphical sketch was ordered to be be Ambassador to Yugoslavia. The PRESIDING OFFICER. The printed in the RECORD, as follows: , Mr. Allen has been in the Foreign question is, Will the Senate advise and BIOGRAPIDCAL SKETCH OF FRANCIS WHITE Service since 1930, having served in posts consent to the nomination of George V. Born: Baltimore, Md., March 4, 1892. throughout the world. His foreign duty Allen, of North Carolina, to be Ambassa­ Family background: Son of Miles, Jr., and has been interrupted from time to time dor Extraordinary and Plenipotentiary Virginia Purviance (Bonsai) White. of the United States of America to India? Education: Shefileld Scientific School, Yale, 1tor service in the Department of State in the division of near eastern affairs The nomination was confirmed. 1913; postgraduate work, universities of and as Assistant Secretary of State. The Chief Clerk read the nomination Grenoble and Ecole .Libre des Sciences of Francis White, of Maryland, to be Politiques, Paris, France, and University of Much of his service has been in the Madrid and Real Academia, Madrid. Middle East. He served the United Ambassador Extraordinary and Plenipo­ Marital status: Married Nancy Brewster, States as Ambassador to Iran from 1946 tentiary of the United States of America June 28, 1920. until 1948 when relations between Iran to Mexico. Experience: Entered diplomatic service as Mr. SMITH of New Jersey. Mr. Presi­ secretary July 28, 1915, . and assigned to and the U. S. S. R. were most critical. dent, again reporting for the Foreign Peking, China; transferred to Teheran, Persia, Mr. President, I have had occasion to Relations Committee, and in the absence 1918; Habana, Cuba, 1919; Buenos Aires, work closely with Mr. Allen on a number of the chairman of the committee, the Argentina, 1920; acting during various pe­ of problems since the war. I have high 'distinguished senior Senator from Wis­ riods as charge d'affaires; transferred to De· regard for his ability and his integrity. partment of State, March 1922; in charge, consin [Mr. WILEY], I desire to make the Division of Latin American Affairs, 1922-26; It is encouraging to see the President following statement: · counselor of Embassy, Madrid, Spain, 1926- appoint able career officers to such im­ The President has sent to the Senate 27; Assistant Secretary of State, 1927-33; · portant posts as this one in India. With the nomination of Francis White, of _Envoy ·Extraor~nary and Minister Plenipo­ his fine background and experience, I am Baltimore, Md., to be United States Am­ tentiary to Czechoslovakia, July-December sure that Mr. Allen will fully justify the bassador to Mexico. On Tuesday, March 1933; executive vice president, then presi­ confidence the President has placed in 10, the Committee on Foreign Relations dent, Foreign Bondholders Protective Coun­ in cil, 1934-42. him. heard Mr. White executive session, other: Trustee, Johns Hopkins University. I submit for the record a short bio­ and voted without dissent to recommend Clubs: Maryland (Baltimore), Metropol­ that the Senate advise and consent to _itan,_ .Chevy Chase (Washington), Brook, graphical sketch of Mr. Allen, and I hope . the President's nomination. the Senate will act without delay on his Piping Ro~k (New York). · confirmation. A brief biographical sketch is available Home: 4603 Kerneway, Baltimore, Md. for the RECORD. It shows that Mr. White Ofilce: 25 South Calvert Street, Baltimore, Mr. President, I ask unanimous con­ was educated at Yale and did postgrad-.. Md. sent to have printed in the RECORD at uate wor!: at Grenoble, Paris, and Ma­ Mr. DANIEL. Mr. President, I intend · this point, as a part of my remarks, a drid. He entered the diploma tic service to vote for the confirmation of the nomi­ short biographical sketch of Mr. Allen. of the United States in 1915, and in the nation of ~r. Francis White, to be United 1953 CONGRESSIONAL RECORD- SENATE

States Ambassador to Mexico. However, Capital. Washington should not hold open George S. Messersmith, Delaware, December I desire to have the RECORD reflect cer­ a breech which the people directly concerned 4, 1941. tain views which I believe the people of long ago closed of their own accord. I know Walter Thurston, Arizona, May 4, 1946. Texas hold regarding this matter. For reliably that a Texan, if appointed, would be William O'Dwyer, New: York, September welcome as this. country's Ambassador to 20, 1950. that reason, I now ask unanimous con­ Mexico. sent to have printed in the RECORD a I do not say that this tradition influenced TEXANS WHO HAV"' SERVED SINCE 1845 AS AM• brief statement which I have prepared. the present administration in its considera­ BASSADORS TO FOREIGN COUNTRIES, OR AS There being no objection, the state­ tion of Texans suggested for this appoint­ MINISTERS ment. I only hope it did not, and have tried ment was ordered to be printed in the Robert Granville Caldwell, Portugal, June RECORD, as follows: to point out why it should not now or in the future. 13, 1933; Bolivia, May 4, 1937. STATEMENT BY SENATOR DANIEL ON •NOMINA• As part of this statement, I should like John Cardwell, Egypt, October 2, 1885. TION OF FRANCIS WHITE AS AMBASSADOR TO to include a list showing those who have William E. DeCourcy, Haiti, June 18, 1948. MEXICO served as representatives of this Government Hampson Gary, Egypt, October 2, 1917; The nomination and confirmation of an to Mexico; a list showing Texans who have Switzerland, April 7, 1920. Ambassador to Mexico is a matter of con­ served as Ambassadors to other foreign coun­ Richard B. Hubbard, Japan, April 2, 1885. siderable interest to the people of Texas. -tries; · and the text of a resolution adopted Edwi,n Jackson Kyle, Guatemala, February There are bonds of history-and ties of by the Texas State Senate regarding this 9, 1945. common interest-between the State of matter. · Mirabeau B. Lamar, Costa Rica, January 20, Texas and the Republic of Mexico which 1858; Nicaragua, January 20, 1858. are older by centuries than our present Union · Raphael O'Hara Lanier, Liberia, February LIST OF DIPLOMATIC REPRESENTATIVES TO 13, 1937. of States. MEXICO (FROM REGISTER OF THE DEPART• Furthermore, on a contemporary plane, no MENT OF STATE) Alvin Mansfield Owsley, Rumania, June 13, State enjoys a closer-relationship with Mexico 1933; Ireland, May 15, 1935; Denmark, May ENVOY EXTRAORDINARY AND MINISTER PLENI• than does Texas. 28, 1937. Today more than 1,500,000 Texas residents POTENTIARY Charles N. Riotte, Costa Rica, June 8, 1861; are of Latin-American descent. This num­ Joel R. Poinsett, South Carolina, March Nicaragua, April 21, 1869. . ber has grown rapidly during the past 20 8, 1825. Hal H. Sevier, , August 19, 1933. . ··I · years and continues to grow. CHARGES D'AFFAIRES George P. Shaw, Nicaragua, May 22, 1948: It is estimated that each year more Tex­ Anthony Butler, Mississippi, October .12, El Salvador, June 24, 1949; Paraguay, April ans visit Mexico--on both business and pleas­ 1829. 27, 1952. ure-than the total of residents from all , Mississippi, January 5, Frederick A. Sterling, Ireland, February 19, other States combined. 1836. 1927; Latvia, August 9, 1937; Estonia, August 9, 1937; Bulgaria, September 1, 1933; Sweden, In 1952, ~xports from this country to ENVOYS EXTRAORDINARY AND MINISTERS PLENI• June 16, 1938. Mexico through Texas ports-Port Arthur, POTENTIARY Galveston, Laredo, and El Paso--totaled more Alexander W. Terrell, Turkey, April 15, Powhatan E'llis, Mississippi, February 15, 1893. than $400 million. 1839. bur State government in Texas main· Edwin H. Terrell, Belgium, April 1, 1889. ·1 Waddy Thompson, South Carolina, Feb- Thaddeus Austin Thomson, Columbia, tains a full-time, fully-staffed agency-the ruary 10, 1842. Good Neighbor Commission--dedicated solely June 10, 1913. , Ohio, April 9, 1844. Fletcher Warren, Nicaragua, April 6, 1945; to the fostering of good relations and mutual , Louisiana, November 10, 1845. understanding between the residents of Texas Paraguay, April 10, 1947; Venezuela, October , Maine, July 28, 1948. 9, 1951. and Mexico. Robert P. Letcher, Kentucky, August 9, In virtually all of the institutions of higher George C. McGhee, Turkey, December 20, 1849. 1951. learning in our State, there are numerous , New York, August 6, 1852. students from Mexico. The language of , South Carolina, May 24, Senate Resolution 24 Mexico is taught in our public schools and 1853. ' . Whereas the State of Texas through geo­ it is the most widely studied of all foreign John Forsyth, Alabama, July 21, 1856. graphic position, historic tradition, and languages by the youth of Texas. Robert M. McLane, Maryland, March 7, through social, cultural, and economic ties, Such a recitation of this evidence of com­ 1859. is closely linked with the neighboring Repub• mon interests between Texas and Mexico John B. Weller, California, November 17, lic of Mexico; and could continue at great length. The purpose 1860. Whereas the Republic of Mexico stands in citing such instances to the Senate, how­ , Ohio, March 22, 1861. today as one of the great nations of Latin ever, is to emphasize that in these times Lewis D. Campbell, Ohio, May 4, 1866. America and the world, an outstanding ex­ there exists a mature spirit of cooperative, Marcus Otterbourg. Wisconsin, July 1, 1867. ample of democracy, and an ally of our Na­ constructive, friendly neighborliness between William S. Rosecrans, Ohio, July 27, 1868. tion in the world struggle against Communist Texas and Mexico. Thomas H. Nelson, Indiana, April 16, 1869. aggression; and The Rio Grande is a boundary, not a bar­ John W. Foster, Indiana, March 17, 1873. Whereas it is vital to the interests of the rier, between Texas and Mexico. On both Philip H. Morgan, Louisiana, January 26, United States and Texas that an able and sides of that boundary, there is a mutual 1880. qualified person be chosen to represent this desire to work together, to stand together, Henry R. Jackson, Georgia, March 23, 1885. Nation as Ambassador to the Republic of and to live together in peace and harmony. Thomas C. Manning, Louisiana, August 30, Mexico; and For that reason, the r;rexas Legislature and 1886. Whereas relations between Texas and Mex­ many ci-tizens of our State strongly urged Edward S. Bragg, Wisconsin, January 16, ico are of the most cordial and friendly, with the appointment of one of several of our 1888. frequent interchange between our State citizens who were eminently qualified to Thomas Ryan, Kansas, March 30, 1889. government officials, businessmen, students, s~rve as Ambassador to our neighbor on the Isaac P. Gray, Indiana, March 20, 1893. teachers, and tourists; and . south, the Republic of Mexico. That we are Matt W. Ransom, North Carolina, August Whereas during the more than 106 years disappointed is no reflection upon Mr. White, 24, 1895. of Texas statehood, no Texan has ever repre­ . whose capacity, experience, and ability are , Arkansas, March 22, 1897• sented the United States as Ambassador to unquestioned. AMBASSADORS EXTRAORDINARY AND PLENIPO• Mexico: Now, therefore, be it Our only hope is that the administration TENTIARY Resolved by the Senate of the State of has not passed over citizens of Texas because Powell Clayton, Arkansas, December 8, Texas: of an old and outmoded tradition that a 1898. SECTION 1. It is the considered opinion o! Texan is disqualified to hold this position Edwin H. Conger, Iowa, March 8, 1905. the government and people of Texas that the because he is a Texan. David E. Thompson, Nebraska, January 24, time has come for a Texan to bf named to This tradition is founded on the false 1906. this important post to represent our Nation premise that because Texas once was a part , Washington, December before the government and people of Mexico, of Mexico, and that Texas won her independ­ 21,. 1909. and that the naming of such an Ambassador ence from Mexico on the battlefields, that Henry P. Fletcher, Pennsylvania, February would be warmly welcomed by our neighbor­ ill-feeling still exists between Texas and 25, 1916. ing Republic, and he could effectively carry Mexico. That is just not so. Charles Beecher Warren, Michigan, Febru­ out his duties in a manner which would To. give credence to this tradition is an ary 29, 1924. strengthen even more the ties of mutual injustice to the efforts of Texas citizens and James Rockwell Sheffield, New York, Sep· esteem, respect, and friendship now uniting citizens of Mexico to obliterate the differ­ tember 9, 1924. our two nations. ences which once existed, but- which no Dwight W. Morrow, New Jersey, September SEc. 2. The secretary of the senate is di­ longer exist. It is especially unfair and un­ 21, 192_7. rected to forward a copy of this resolution fortunate for Texans, in their relations with J. Reuben Clark, Jr .• Utah, October 3, 1930. to President Dwight D. Eisenhower; to the Mexico, to be harassed by a belief m: .tradi· : , North Carolina, March Secretary of State, the Honorable John Foster tion which has existed only in the National 17, 1933. Dulles; and to the two Senators from Texas~ 1870 CONGRESSIONAL RECORD= SENATE March 11 the Honorable Lyndon B. Johnson and the make an excellent teammate for Harold R. BRYSON, .a Representative from the State Honorable Price Daniel. Stassen, Director of the Mutual Security of South Carolina. BEN RAMSEY, Agency. _Resolved, That a committee of 10 Members President of the Senate. of the House with such Members of the So, Mr. President, I urge that the Senate as may be joined be appointed to I hereby certify that the above resolution nomination be confirmed. was adopted by the sehate on January 26, attend the funeral. 1953. . At this time I ask unanimous consent Resolved, That the Sergeant at Arms of the LOYCE M. BELL, to have printed in the REcoRD a bio­ House be authorized and directed to take \ Secretary of the Senate. graphical sketch of Mr. Rand. such steps as may be necessary for carrying There being no objection, the bio­ out the provision . of these resolutions and The PRESIDING OFFICER. The graphical sketch was ordered to be that the necessary expenses in connection question is, Will the Senate advise and therewi'bh be paid out of the contingent fund printed in the RECORD, as follows: of the House. consent to the nomination. of Francis BIOGRAPHICAL SKETCH White, of Maryland, to be Ambassador Resolved, That the ·Clerk communicate William McNear Rand, o( Lincoln, Mass., these resolutions to the Senate and transmit Extraordinary and Plenipotentiary of to be appointed Deputy Director of Mutual a copy thereof to the family of the deceased. the United States of America to Mexico? Security (Presidential appointment sub­ Resolved, That as a further mark of respect · The nomination was confirmed. ject to confirmation by the Senate)'. the House do now adjourn. Recently retired as president of the Mon­ santo Chemical Co., Bachelor of Arts, Harv­ Mr. MaYBANK. Mr. President, I sub­ . MUTUAL SECURITY AGENCY ard, 1909. Began career as bank messenger mit and send to the desk a resolution for The Chief Clerk read the nomination at the Mutual National Bank of Boston. which I ask immediate consideration. of William McNear Rand, of Massachu­ Served as treasurer, City Fuel Co., Boston, 'I'he PRESIDING OFFICER. Is there 1913-19. With Merrimac Chemical Co., objection? setts, to be Deputy Director for Mutual Everett, Mass., beginning 1919. President, Security. There being no objection, the resolu­ Merrimac Chemical Co., beginning 1935. tion