7158 CONGRESSIONAL RECORD_-SENATE SEPTEMBER 17 Welsh; with amendment (Rept. No. 2464). There being no objection, the resolution Referred to the Committee of the Whole SENATE was ordered to be printed in the RECORD, House. as follows: · Mr. McGEHEE: Committee on Claims. THURSDAY, SEPTEMBER 17, 1942 H. R. 2217. A bill fQr the relief of Wilson N. UNITED STATES SENATE, Yost; with amendment (Rept. No. 2465). The Reverend James H. Phillips, Ph. D., REPUBLICAN CONFERENCE, Referred to the Commit tee of the Whole associate minister, Foundry Methodist September 17, 1942. House. Church, Washington, D. C., ofie1;ed the Resolved, That the Republican Conference Mr. RUSSELL: Committee on Claims. following prayer: recognizes the present situation with respect H. R. 3113. A bill for the relief of Cecil to living costs, that it believes action is nec­ Higginbotham; with amendment (Rept. No. God Qf our fathers, by whose will this essary, and will cooperate in an effort to work 2466). Referred to the Committee of the Nation was conceived and dedicated to out a wise solution of the problems pre£ented Whole House. the proposition that all men are created to the Senate and the country. ·free and equal, and in whose righteous­ COMMITTEE SERVICE PUBLIC BILLS AND RESOLUTIONS ness alone we shall gain true freedom, On motion of Mr. HILL, and by u~ani­ look with favor upon us in this solemn mous consent, it was Under clause 3 of rule XXII, public bills hour as we, a people; strive to endure in and resolutions were introduced ·and this. sacred faith of our fathers. Make · Ordered, That the-Senator from New York severally referred, as follows: ~Mr. MEAD] be excused fro_m further service each of us, we pray Thee, equal to the as a member of the Committee on Education . By Mr. WALTER: . high trusts bestowed upon us by our and Labor; and H. R. 7548. A bill to provide for the issu­ heritage, and by our determined commit­ ance of a · device in recognition of the serv­ ment to its preservation. Save us in On . motion of Mr. McNARY, and by ices of merchant sailors; to the Committee these days from false dependence upon unanimous consent, it was on the Merchant Marine and Fisheries:· might alone, but gird us for our task with Ordered, That the Senator from Colorado By Mr. ANDERSON of California: our fathers' faith that right makes might [Mr. MILLIKIN] be assigned to service on the H. R. 7549. A bill to amend the act of March Committee on Education an·d Labor to fill 5, 1942, relating to the plan,ting of guayule invincible. In this faith we shall win the existing vacancy. and other rubber-bearing plants; to the Com­ the victory of battle; in this- faith we mittee on Agriculture. shall wiri' t;he victory of an enduring EXECUT_IVE COM~UNICATIONS, ETC. By Mr. DICKSTEIN: peace. The ACTING PRESIDENT pro tempore H. R. 7550. A b111 to amend the Nationality ..So grant it, God, through ·Jesus Christ laid-before the Senate the following let­ Act of 1940 to preserve · the residence for our Lord. Amen. · ters, which were referred as indicated: naturalization purposes of certain aliens· who serve in the military or naval forces of NAMING A PRESIDING OFFICER PROTECTION OF NAVAL PETROLEUM RESERVE one of the Allied countries during the second No. 1 World War; to the Committee on Immigra­ The Secretary INDIANA with great loss of life, caused Americans more the ·men serving in the armed forces of our Vincennes ______.:.______78 than ever to realize that this World War is an country may not be subjected to the temp­ MARYLAND attack by Satan upon tne people of Christian tations of gambling, prostitution, and alco­ Baltimore ______:..____ 50 principles and their allies. holic indulgence. And we petition the Pres­ That the Axis Nations (those who contend ident and Congre~s to take immediate and MASSACHUSETTS for national sovereignty) would, if able, take favorable action on the Sheppard bill (S. Brockline______17 Newton______~61 from us all everything that we hold dear, 860), which would protect military men from there can be no doubt. liquor sold in the camps and camp areas." MICHIGAN So let all those American citizens who are Rev. A. McCANDLESs, Ann Arbor______281 grateful to Almighty God for our freedom Secret ary, Kansas Conference Barry Ccunty______15 as is written in the prelude to the Wisconsin Church United Brethren in Christ. Grand Rapids______113 constitution, oppose with all our might any Hancock------76 effort to deprive us of this God-given free­ Mr. WILEY. Mr. President, I am in Lansing ______~------100 dom. receipt of the following petitions with MISSISSIPPI _ Let us contend for a peace established in reference to S. 860: Canton------··----- 2 righteousness and a world government under Flrst. A petition signed by Wisconsin MISSOURI a constitution that recognizes the teacl: ngs residents, gathered at a convention he!d St.Joseph______45 of cur Lord Jesus Christ as the rule of life. under the auspices of the Appleton Dis­ Webb City______473 ARTHUR C. GOWER, American Citizen. trict of the Evangelical Church; MINNESOTA FRED J. J Ol.'tDAN' · Second. A resolution passed by the Fartbault------~~------13 The Methodist Church, Wisconsin Woman's Christian· Temper­ MONTANA Eau Claire, Wis. ance Union in annual convention as­ Bozeman------~------435 ERNEST E. CLARKE, sembled. at Whitewater, Wis.; and NEBRASKA District Superintendent, Methodist Third. A petition signed by residents Ashland______18 Church, Eau Claire, Wis. of Oconto Falls, Wis. Eagle---'---·------29 PROHIBITION OF LIQUOR 'SALES AND Lincoln _____ ------___ 28 I respectfully ask that the petitions VVeeping VVater______34 SUPPRESSION OF VICE AROUND MILI­ may be appropriately referred. NEW MEXICO TARY CAMPS-RESOLUTION ·AND PETI­ The ACTING PRESIDENT pro tem­ Anttony______;:______2 TIONS pore. The petitions presented by the NEW YORK Mr. CAPPER. Mr. President, I a~k Senator from Wisconsin will lie on the Ames_--______table. . Appleton ______65 una!limous consent to have printed in Batavia ______22 the RECORD and appropriately referred a Mr. O'DA~HEL . Mr. President, the 446 ~rooki'yn ______rising tide of resentment and public in­ 86 resolution recently adopted by the Kan­ Caledonia ______sas Annual Conference of the Church of dignation regarding the deplorable con-. c ·ambridge ______:______24 the United Brethre·n in Christ. I am ditions existing around our military es­ Canaan ______43 tablishments caused by liquor is con­ Cherry Creek ______48 wholeheartedly in· accord with their ap­ 65 peal for .. early and favorable action. on stantly being brought to my attention. Clinton ______Dundee ______18 S. 860, now on the Senate calendaT. I am passing this information on to this 84 body and asking unanimous consent that There being no objection, the resolu­ FerndaleEden------~------______41 tion was ordered to lie on the table ari.d the CONGRESSIONAL RECORD list the names 27 to be printed in the -RECORD, as follows: of towns and States and number of pe~i­ F'lushing ______~------27 tioners from each place as per the list Fort Edward ______..: ______40 WICHITA, KANS., September 8, 1942. 227 Mr. ARTHUR CAPPER, I am herewith submitting. · HamlinGeneva------~------______..; __ _ The total number of petitioners on 66 Senator, United States Congress, Hors: heads ______:.. ___ _ 29 Washington, D. C. this list is 271,733. These petitioners ask Ithaca ______Jamestown ______9 DEAR Sm: As secretary of Kansas ahnual the Congress to enact promptly Senate 455 conference of the Church of the United bill 860, which is now on the calendar. Lakeport------~-- 21 Brethren in Christ, I am submitting t9 you I urge the .Senate to agree to consider Lebanon ______Marathon ______27 the following resolution: 156 S. 860 at an early date, !.nd I hope the Middleport ______:._.: ______"Kansas State convention of the United bill will be enacted into law. 21 Brethren in Christ in its eighty-sixth an­ 23 nual session, held August 26-30, 1942, Cof­ There being no objection, the list of Newfane------~------petitions presented by Mr. O'DANIEL was New York CitY------2, 479 feyville, Kans., protest liquor in service 61 camps and ask wartime prohibition. ordered to be printed in the REcORD, as Niagara------J­ Odessa------55 "Whereas· our Nation is engaged in a war follows: Lockport ______Penn Yan ______34 that calls for all kinds of sacrifices, and de­ Petitions in support of S. 860 '23 mands the very best of every man in the ARIZONA Plattsburg------~------~---- 13 armed forces; and Phoenix ______•· Whereas the use of alcoholic liquors, in­ 36 RandolphPerrY------______30 18 cluding 3.2 percent beer, results in ineffi­ CALIFORNIA Richburg ______Los Angeles ______30 ciency through the waste of rna terials and Richmond County ______: ______San Bernardino______6 78 loss of time in service; f'nd · 2,045 Ru ~ h ville ______SantaCruz______~ ______: ______67 "Whereas it has been proveo scientifically, 18 SOdus_~------2:::0 as well as socially, that the effects of alcohol CONNECTICUT Syracuse ______--____ _ East Hartford ______63 are detrimental to the physical and moral 20 . 18 well-being of our people; and F.lartford ______Troy------Trumansburg ______------_ Middlesex ______84 Utica ______117 "Whereas unmistakable evidence has been 27 300 presented concerning the distressing prev­ 101 Warsaw______PlainNorwich------~------ville ______..:. _____ .: ______12 alence of drinking, gambling, and vice among 23 Watervliet______· ------38 White Plains ______men in the armed. forces of our country, VVindsor------~-~-~------225 29 among men in defense industries, and par­ NORTH CAROLINA ticularly in areas near training camps; . and FLORIDA Ridgecrest______73,000 Plant City______:__ 324 "Whereas the production and delivery ·of Wendell______51 alcoholic beverages require essential com­ Tampa"'------~------119 modities, such as sugar, rubber, and other ILUNOIS NORTH DAKOTA restricted matertals: Be it therefore 23 Underwood------72 Birds------~-----Chicago ______;:______"Resolved, That the United Brethren 63 Dayton ______OHIO 1SO,OOO in Christ call upon the President and Con­ Grand Ridge ______50 gress, as well as our own Representatives Lawrenceville------274 New Philadelphia______2 .7160 CONGRESSIONAL RECORD-SENATE SEPTEMBER 17 Washington ______. __ _:______526 PENNSYLVANIA of records transmitted to the Senate by Blanchard______72 Wyoming______449 the Archivist of the United States which Bellefonte------2 Miscellaneous______20 Clinton______81 appeared to have no permanent value or historical interest, submitted a report Philadelphia______:______:______47,000 Total------271,733 Unionville ______:____ 2 thereon pursuant to law. REPORTS OF THE COMMITTEE ON TENNESSEE BILLS INTRODUCED Chattanooga ______MILITARY AFFAIRS 373 Bills were introduced, read the first Englewocd ______51 The following reports of the Commit­ tee on Military Affairs were submitted: time, and, by unanimous consent, the TEXAS second time, and referred as follows: Abilene ______187 By Mr. DOWNEY: AmarillO------48 S. 2775. A bill to amend the act of March By Mr. McFARLAND: Anna ______: ______S. 2780. A bill for the relief of Margaret B. Beaumont ______38 5, 1942, relating ·to the planting of guayule 1,353 and other rubber-bearing plants; with an Martin; to the Committee on Finance. (Mr. VANDENBERG introduced Senate bill Burkburnett------Canadian ______------_ 2 amendment (Rept. No. 1607). 12 By Mr. REYNOLDS: 2781, which was referred to the Committee on Finance, and appears under a separate head- CommerceChester------______85 S. 2776. A bill to amend the act entitled 100 "An act to authorize the President of the ing.) · Corsicana ______46 By Mr. DAVIS: Daingerfield ______United States to requisition property required 60 for the defense of the United States,'' ap­ S. 2782. A bill to provide for a national Dallas ______------__ cemetery in the eastern section of Pennsyl­ ElPaso ______23 rroved October 16, 1941, to continue it in 358 effect; without amendment (Rept. No. 1608). vania; to the Committee on Military Affairs. Flint ______---___ ------By Mr. McCARRAN: Fort Worth ______68 248 ASSIGNMENT BY CHIEF JUSTICE OF THE S. 2783. A bill to amend the act entitled Gainesville ______61 UNITED STATES OF CIRCUIT JUDGES TO "An act relating to direct loans for industrial Georgetown ______22 CERTAIN TEMPORARY DUTY purposes by Federal Reserve banks, and for Greenville------61 other purposes," as amended, by authorizing 1,448 Mr. DANAHER. From the Commit­ loans for mineral development purposes in HarlingenHebronville ______-'------_ tee on the Judiciary, I report back with Houston ______13 time of war; to the Committee on Banking 2,636 amendments the bill (S. 2655) to amend and Currency. Imperial------­ 15 the Judicial Code to authorize the Chief By Mr. HAYl)EN: 27 S. 2.784. A bill to revise the Alaska game ~emP------Kingsville ______Justice of the United States to assign cir­ 89 cuit judg~s to temporary duty in circuits law; to the Committee on Territories and McAllen------­ 402 other than their own, and I submit a Insular Affairs. Midland------160 By Mr. REYNOLDS: Mineral Wells ______38 report ALEXANDER WILEY. amount appropriated in this act in excess of .6 months.after December 31, 1944, which bas 10 percent thereof shall be paid or delivered THE CALENDAR been used by the Congress as the estimated to or received by any flgent or attorney on ' date of the termination of the war and "it The ACTING PRESIDENT pro tem­ account of szrvices rendered in connection ·is felt that the- suspension should continue pore. In accordance with the order pre­ with this claim, and the same shall be unlaw­ 6 months after the terrilination of the war. ful, any contract to the contrary notwith- . The bill express1y states that "it shall not viously entered, the clerk will proceed standing. Any person violating the provi- ' to state the measures on the calendar, apply to acts, offenses, or transactions which sions of this act shall be deemed guilty of a _, are a.Iready barred by the provisions of ex­ beginni~g with Calendar No. 1639. misdemeanor and upon copviction thereof · isting laws." Therefore it will not operate AMENDMENT OF ACT INCORPORATING shall be fined in any sum not exce.eding $1,0·00. to revive causes of action against which the M.tiERICAN WAR MOTHERS REDUCTION IN COURSE OF INSTRUCTI-oN statute of limitatiom: bas now run. AT THE UNITED STATES MILITARY Consideration of this matter was had by The bill Frederick Van Nuys, chair­ The bill (S. 2705) for the relief of Capt. Be it enacted, etc., That the President be, man of this committee: and be is hereby, authorized to reduce, in WAR DEPARTMENT, Samuel N. Moore, U. S. Navy, was con­ his discretion, until the termination of the sidered, ordered to be engrossed for a present war, the course of instruction at the Washington, August 18, 1942. third reading, read the third time, and United States Military Academy from 4 to 3 Hon. FREDERICK VAN NUYS, passed, as follows: · years and to graduate classes which have Chairman, Committee on the Judiciary, completed such reduced courses of instruc­ United States Senate, Be it enacted, etc., That the Secretary of tion. Washington, D. C. the Treasury is authorized and directed to DEAR SENATOR VAN NUYS: There is enclosed pay, out of any money in the Treasury not SUSPENSION OF STATUTE OF LIMITA­ draft of a bill to suspend until June 30, otherwise appropriated, to Captain Samuel TIONS IN CASES OF ANTITRUST LAW 1945, the run,ing of the statute of limitations N. Moore, United States Navy, the sum of VIOLATIONS applicable to violations of the antitrust laws, $734.20 for the value of personal property which it is recommended be enacted into lost or damaged in the hurricane at TutUila, The bill (S. 2731) to suspend until law. Samoa, on January 1, 1926: Provided, That June 30, 1945, the running of thfi statute On March 20, 1942, the undersigned ad­ no part of the amount appropriated in this of limitations applicable to violations of dressed a joint letter to the President with act in excess of 10 percent thereof shall the' antitrust laws was considered, or­ respect to postponement of antitrust court be paid or delivered to or received- by any dered to be engrossed for a third reading, . investigations, pros~cutions, or s:uits (w~icll 1942 CONGRESSIONAL RECORD-SENATE 7167 might interfere with the production of war ppne investigation or prosecution under a scious of what is at stake, should use the materials) during the period of suc_h inter­ false pretext that h 's undivided time is neces­ Nation's extremities as an excuse to violate ference. A procedure was set up under sary to the war effort-in other words, that any statute. which antitrust investigations, •prosecutions, it must be preponderantly clear that the Nor indeed should there be any deferment or suits ·would be postponed if· it appeared progress of the war effort is being impeded; or adjournment of any court investigation, that proceeding therewith would seriously and (3) that no one. who has sought actually prosecution, or suit, unless, after a study and interfere with the war effort. In such letter to defraud the povernment shall obtain any examination with ,the Attorney General in we announced our intention to request the postponement of investigation or prosecution each specific case, the Secretary of War Qr Congress to pass an appropriate extension of in any event. of the Navy is satisfied that the war effort the statute of limitations applicable to anti­ Accordingly we have worked out the follow­ will be jeopardized at this time unless such trust cases. A copy of the above-mentioned ing procedure, subject to your approval: course is followed. letter and a copy of the .President's . r_eply, Each pending and future Federal court in­ I note from your memorandum that proper which approved the proposed procedure, are vestigation, prosecution, or suit under the steps will be taken to avoid the running of enclosed herewith. · antitrust laws will be carefully studied and the statute of limitations in any case, and In harmony with the purpose announced examined as soon as possible by the Attor­ that under no circumstances will there be in such letter, we request that the enclosed ney General, and the Secretary of War or the any delay in the prosecution of acts involv­ bill be introduced·at a~ early a date as prac­ Secretary of the ~avy, respectively. If the ing actual fraud upon the Government. ticable. Iri instances· where antitrust inves- Attorney General and the Secretary of War I also heartily approve your intention of . tigations, prosecutions, or suits are post­ or the Secretary of the Navy come to the con­ making public each determination arrived at poned, as contemplated by the above-men­ clusion that the court investigation, prosecu­ by you in accordance with your memorandum. tioned letter, it is advisable and, in some tion, or suit will not seriously interfere with T.oe American people should be informed of instances, essential that the running of the the all-out prosecution of the war, the Attor­ each step in their war effort, excepting, :of statute of limitations be suspended during ney General will proceed. If they agree that course, any information which may in any the periods of postponement. Such post­ it will interfere, or if, after study and exami­ way help the enemy in his attempt to de- ponements will be during period~ expiring nation, they disagree, then, upon receipt of a stroy us. · not later than the end of the present war. letter from the Secretary of War or the Sec­ While every precaution will be taken to The proposed bill will accomplish the sus­ retary of the Navy stating that in his opinion prevent anyone from escaping prosecution pension of the running of the statute of the investigation, suit, or prosecution will if he has violated the antitrust statutes. limi~ations applicable to antitrust cases un­ seriously intedere with the war effort, the whether he is now engaged in war work ·or til June 30, 1945, or the earlier date specified Attorney· General will' abide by that decision not, we must keep our eyes fixed now -upon therein . . :. · · · and defel" his activity in that particular mat­ the one all-important primary task-to prq­ The undersign~q y.rere pr~pared to submit a ter; providing, however, that he shall have duce more materials at a greater speed. In similar oill to the Congress prior to the pas­ the right in such event to lay all the facts be­ other words, we shall give our attention- to sage of H. R. _6484,, which suspends the run,­ fore the President, whose determination, of first things first. ning of the statute ,of limitations applicable course, shall be final. In each case the action Very sincerely yours, to frauds against the United States. In view finally taKen will be made public. FRANKLIN D. RooSEVELT. of the fact that H. R. 6484 was then before The deferment or adjournment of the in­ vestigation, suit, or prosecution will not, AMENDMENT OF . SOIL CONSERVATION . the Congress, instead . of presenting a bill, AND DOMESTIC ALLOTMENT ACT we requested the amendment of H. R. 6484 however, mean the exoneration of the indi­ so as to provide for the suspension of the vidual or corporatio!l, or the discontinuance The Senate proceeded to consider th:e s~atute of limitations applicable ngt onlY' to of the proce.eding. As soon as it appears ' bill.(H. R. 6921) to amend the Soil Con­ cases of fraud against the United States· but that it will no longer interfere with war pro­ servation and Domestic Allotment Act to iilso to antitrust matters. H. R. 6484 was duction the Attorney General will proceed. ·authorize payments in cases where farm­ not, however, . so amended. The proposed To make sure that· no one escapes by the bill, enclosed herewith, is identical to H. R. running of the· statute of limitations, we ers' crops are acquired, prior to harvest, 6484, except that, in lieu of providing for shaH request Congress to pass an appropriate in connection with the acquisition of suspension.of the statute of limitations with extension of the statute. · their !arins for use in the national war respect to frauds against the Government, Under no circumstances will there be any effort, and to provide for the division qf the proposed bill provides for suspension of susp!3nsion or postponement of prosecution such payments, which had been reported the statute of limitations in connection with for any actual fraud committed against the from the Committee on Agriculture and antitrust suits-a subject matter not covered Government. Forestry, with an amendment, on page by H . .R. 6484 . . We feel that this arrangement will ade­ ·1, line 6, after the word "or", to insert If you require any further information quately protect the public interest. concerning the bill, lihe undersigned will be Respectfully yours, "effective with respect to the 1942 and glad to furnish it. FRANCIS BIDDLE, subsequent farm programs." The Bureau of the Budget advises that Attorney General. The amendment was agreed to. there· is no. objection to the submission of HENRY L. STIMSON, The amendment was ordered to be en­ the proposed legislation to the Congress. Secr-etary oj War. grossed, and the bill to be read a third Sincerely yours, FRANK KNOX, time. HENRY L. STIMSON, Secretary oj the Navy. The bill was read the third time and Secretary oj War. THURMAN AR~OLD. JAMES V. FORRESTAL, On the same day, March 20, the President, passed. Acting Secretary oj the Navy. in identic letters addressed to the Attorney TRANSPORTATION OF CERTAIN GOVERN­ CHARLES FAHY, General, the Secretary of War, and the Sec­ MENT AND OTHER PERSONNEL Acting Attorney General. retary of the Navy, notified them of his ap­ proval of the procedure outlined in the above The Senate proceeded to consider the MARCH 20, 1942. r.1emorandum. bill as may be required by the property affected thereby: Provided further, and for the purpose heretofore stated, under health ofilcer. subject to the a!}JUovai of the such rules and regulations as may be pre­ That all or any part of such rights-of-way Commissioners of the District of Columbia, be scribed by authority of the Secretary of War, may annulled o:r forfeited by the Secn!ta:ry and such data.- as may be necessary for the the Secretary of the Navy, or the Chairman of the Navy for failure. to comply with the purposes of -the Bureau of the Census of the terms or conditions of any grant hereunder of the Maritime Commission: Provided, how­ United States Depru:tment of Commerce. The or for nonuse or for- abandonment o1 rlgbts ever, That where the equipment and facilities - health offiC& shall furnish forms for such granted under the autbOl'ity hereof: And herein provided for are pooled under lease purposes. Should any data contained in. the provided: further, Tbat the Secretary of" the or charter agreements, the reciprocal use aforesaid report be not based upon the per­ Navy shan include in hiE annual report to the of Government-owned and private-owned sonal observation of the physician. midwife, equipment shall be deemed to be within the President a full and oomplete statement of or oth& person by whom report is made. the intent of this paragraph. each and all easements granted, which state­ repott shall show the name and address of 4. The authority herein granted the Secre­ ment shaD alS() include tbe: name and address the informant and the relationship of said of the grantee, the purpose ot the. grant, and tary of War, the Secretary of the Navy, and informant to the child born~ P'fovicled, That the benefits accruing to tbe United States the Chairman of the Maritime Commission if the child is of illegitimate birt h the name or to tbe public tbe:re.from. · shall be exercised in each case only after a of the father shall not be. entered without determination by the ·office of Defense Trans­ ST. ANN'& INFANT ASYLUM. DISTRICT OF his consent. except when paternity has. been portation that existing private and other COLUMBrA established by a court of proper jurisdiction. facilities are not and cannot be rendered "A report of birth ot a person born in the adequate by other m.eans~ and that its exer­ The blll (S. 2689) to amend tbe act Distriet of Coiumbia, whose. birth was not cise will result in the most efficient method entitled "An act to incorporate St. Ann•s repol'ted by the pc..rson attending. may be of supplying transportation to the personnel Infant Asylum. in the District of Colum­ :filed at the discretion ()f. the health ofiicer on concerned and a utilization of transportation bia," approved March 3, 1863 U2 Stat. presentat.ion o! evidence satisfactory to tlle 1942 CONGRESSIONAL RECORD-SENATE 7169 health officer, concerning the (a) birth date, REGULATION OF THE HEALING ART IN a Women's Army Auxiliary Corps for service (b) birthplace, and (c) parentage of the per­ THE DISTRICT OF COLUMBIA with the Army of the United States," ap­ son sought to be registered and the birth­ proved May 14, 1942 (Public Law 554, 77th place of both parents of said person. The bill WILLIAM LANGER election case. engrossed for a third reading, read the Chair hears none, and it is so ordered. The Senate resumed the consideration third time, and passed, as follows: RETIREMENT PAY FOR CERTAIN DISTRICT of the resolution West Virginia [Mr. sideration was again objected to on July leave an attorneys' fee of $10,000 in this RosiER] and my case. The former con­ 30, but at that time a slight amendment case. cerned a contest between two individuals, was offered whereby the payment of the I realize that there are many able. at­ each of whom claimed that he had been legitimate expenses and obligations in­ torneys, younger attorneys, whose prac­ legally appointed United States Senator curred in connection with the proceed­ tice and experience have not given them from West Virginia. Each contested the ing, upon which there was no contro­ the great reputations which they will ob­ right of the others' appointment to a versy, was approved by the Senate, leav­ tain later, and who would be very glad single vacancy; So this case had to do ing now before the Senate for considera­ to do all the work just as well as it could with a purely legal interpretation of the tion only the question of attorneys' fees. be done by former Members of the Sen­ Constitution of the United States, the Mr. President, with that brief explana­ .ate or other lawyers who, because of constitution of West Virginia, and the tion, I yield the floor. their great reputations, could command power of the Governor of West Virginia The PRESIDING OFFICER (Mr. Mc­ much larger fees. That may not be a to make an appointment to the United KELLAR in the chair) . The question is fair. way to look at the :mat~r. I d() not States Senate to fill a vacancy. It was on agreeing to the amendment of the believe it is unfair to take the position right that il1 such an instance each con­ Senator from Nebraska [Mr. NORRIS]. which I am taking when I say that now, testant should incur the expense in­ Mr. NORRIS. Mr. President, relative when this country is in the greatest war volved. In my case, however, coming to the delay which has taken place, let in which it ever was engaged, when we from North Dakota, no such controversy me say that under no circumstances do I are expending money in untold and un­ existed. It was not a contest between two think that it can be attributed or charged accounted amounts, expenditures neces­ individuals claiming a right to a seat in to the Senator from lllinois, nor do I sary in order to win this war, when the United States Senate. It was a believe that I am to blame for it. At the everyone is called upon to make sacrifices very peculiar proceeding, brought by in­ time when the resolution was sought to of all kinds, financial as well as other, dividuals who bore no official status what­ be taken up there evidently was not a it would not be any hardship to the at­ soever, who ostensibly represented no one quorum of the Senate in the city. I torneys in this case to have their fees but themselves, and who filed a pro­ stated then, and I state now, that I de­ cut from $16,500 to $10,000. I believe test against my being seated on their own sired a yea-and-nay vote on my amend­ that they, as well as the Senate, owe a account, without warrant or authority ment. Through no fault of my own or sacrifice to the country. from anyone. I strenuously voice my ob­ of the Senator from Illinois, it probably Of course, their patriotism cannot be jection to any money being paid to coun­ would have been impossible at that time questioned. Their fees in this case may sel representing any of the petitioners, 7172 CONGRESSIONAL RECORD-SENATE SEPTEMBER 17 if such action is to be taken as a prece­ the Nation who were affected-for the Mr. Dennis Lyons. Mr. Lyons is an ex­ dent. expenses of attorneys' fees which might ceptionally good lawyer and rendered These lawyers were not appointed by be incurred. In view of the fact, how­ splendid service and is entitled to his the United States Senate or by any com­ ever, that there is a precedent, and in pay. mittee or subcommittee of the Senate, view of the fact that the lawyers on both Mr. Murphy had to be in Washington and I do not believe the committee sides did a tremendous amount of work, 92 days. While he did not have to lock · would have the power to appoint counsel I shall not protest payment being made up his law office, he left one of the finest in such an instance without obtaining to counsel for the petitioners. law practices in the State of North Da­ the consent of the Senate. If the com­ I do not believe the distinguished Sen­ kota, came here, and spent 92 days at mittee attempted in the North Dakota ator from Nebraska knew of the great hard work. As I see it, if he had been case to appoint such counsel for the peti­ amount of work which the attorneys were working in the State of North Dakota, tioners, there is no evidence of it any­ called upon to· perform. The Senator representing me, I should have paid him where in the record. Since this was not from Nebraska was ill in the hospital, as · what I have paid him time and again in done, it seems to me inconceivable, under will be remembered, at the time this North Dakota-$100 a day-in this case ordinary circumstances, that the Senate matter came up. $9,200. ,. . would set a precedent to pay out of the I do not believe he has the faintest idea I call the attention of the Senate once taxpayers' money from Federal Govern­ of the tremendous amount of work done more to the fact that I so advised the ment funds money to compensate coun­ by the attorneys on both sides. There senior Senator from Texas at the time sel for the petitioners in a case in which were altogether 31 charges filed by the when I employed Mr. Murphy. Mr. Mur­ no legal point whatsoever was concerned, petitioners. Every one of those charges ray, on the other hand, spent consider­ and in which the Senate assumed abso­ was thoroug:Q.ly g·one into. Before I re­ able time on the case in North Dakota, lutely no control over the amount of time tained DiY· counsel in this case, I wrote and be briefed some of the laws which taken or the expense incurred. a letter to the distinguished senior Sena­ were involved in the different hearings, It is said-and well said by the Sena­ tor from Texas [Mr. CONNALLY], who at particularly the· law involving the Bank tor from Nebraska-that if this compen­ that time was Chairman of the Commit­ of North·Dakota. sation is awarded counsel for the peti­ tee on Privileges and Elections, and told Mr. CONNALLY . . Mr. President, will tioners, it will set a precedent whereby him the number of counsel I would have the Senator yield? ' any member of the United States Senate to have in order that the case might Mr. LANGER. · I yield . . may-find his seat threatened or: in dan­ be honestly and fairly presented to the Mr. CONNALLY. Of course, the Sen­ ger at any time either before or 'after he United States Senate. I told him in my ator understands that as chairman I had has taken the oath of office, regardless of letter that two of my counsel would con­ no authority to fix a,ny fee, or anything the length of time he has served in the sist of Francis Murphy, of Fargo, N.Dak., of the kind, Senate. I agree with the Senator from who perhaps is the outstanding lawyer Mr. LANGER. That is correct. Nebraska; I agree with him that it cer­ in the State of North Dakota, and Hon. Mr. CONNALLY. I wish to say, how­ tainly opens a new field for political ene­ ·J. K. Murray, of Bismarck, N. Dak., . ever, that I regard Mr. Murphy, to whom mies of every Senator upon this floor. I who also is one of the best lawyers in the Senator made reference, a& probably do not think that should be encouraged the State. I explained clearly why I · one of the most capable lawyers I have by any Senator or that it will be en­ had to have these two men as my at­ ever seen in· action around any of the couraged by any Senator who gives the torneys. On several occasions they had committees of Congress. He is an out­ matter a moment of thought. appeared in court on my behalf and were standing and highly skillful attorney and On the other hand, provided the thoroughly familiar with the charges exhibited a thorough familiarity with· all amount concerned is a modest one, as in which had been bandied about from one the aspects of the case, bolh from' the this instance the amount allowed to my end of the State to the other. Some of · factual standpoint and the legal -stand­ attorneys is, there is every reason why the charges involved cases which had point, and I can readily understand how a man who was elected to the United been tried in the courts of North Dakota he would enjoy a big practice and a pros­ States Senate and who is duly qualified and among the 31 charges there were perous income wherever he might' be for the office be permitted to· have legal some that required investigation: . Mani­ located, if his abilities were known as counsel in order to protect his official festly, I could not ask a man such as they appear to me. status. Francis Murphy, whom during the time Mr. LANGER. I might add that while It will be remembered, of course, that that I was governor I wa.s glad to hire he was in Washington he had to employ the petitioners' claims were determined at $100 a day, to serve without adequate other lawyers in North Dakota to take by the Senate to be unsound. There compensation. I informed by letter the care of various cases in which· he had might be some distinction made between senior Senator from Texas, when he was been retained as counsel, and in at least such an instance and one where the peti­ chairman, as. I have said, of the com­ two instances was able · to do that only tioners were successful in preventing a mittee, that I could not hire a man and because I myself got in touch with some Senator from taking his seat. However, pay him that amount of money td under­ of his clie;nts and asked them if they Mr. President, in looking over the record, take an investigation. Therefore we em­ would not release him temporarily and I find that there was a precedent, as is ployed an unusually able young lawyer let some other lawyer appear for them. claimed by counsel who appeared for the in the State of North Dakota by the I desire to make my position very clear. petitioners. I refer to the precedent in name of Morgan Ford, of ·Fargo. I do not wish to be in the position of the Smoot case. In that case fees were Manifestly those lawyers did not know agreeing to the amount of counsel fees allowed; and, in view of that precedent, about procedure before committees of the which the lawyers on the other side shall I believe fees should be allowed to the Senate. Therefore, in order to protect receive, but, as a lawyer and a former attorneys who appeared against me. I my interests, I had to get in touch with attorney general of my State, I can say desire, however, to serve notice that I some man who was thoroughly familiar . to the Senate that I believe they earned propose to introduce legislation which with such procedure. every dollar they possibly will get. They will make that impossible in the future So there was employed an outstanding certainly earned more than $8,000, if they in case an action similar to the one lawyer from the· State of Georgia, a are to get $8,000. against me is ever again brought. In former Senator, who had been a mem­ I base this opinion upon what I ob­ the proposed legislation I shall follow ber of the Committee on Privileges and served as I sat in the hearings day after the laws which prevail in the State of Elections for a long time, who also at day. I base it upon the amount of work North Dakota, where even a county com­ one time was Governor of the State of my own lawyers did in their work in missioner cannot contest the right of an­ Georgia. I refer to Governor Hardwick. connection with the 31 different charges. other county commissioner to hold office; Furthermore, of course; I wanted a I base it upon the fact that this case tool~ nor can any group of citizens, as in a local lawyer. This matter was of tre­ from ·January 1941 to the 23d day of recent case from North Dakota, bring mendous importance not only to myself March 1942-a period of 15 months. I about a contest without putting up a but to the people of the State of North think the amount asked is not exorbi­ bond indemnifying the taxpayers of the Dakota, and I wanted a · local lawyer. tant. I think, if anything, it is too little. · State of North Dakota or of the county­ One ·of my friends from North Dakota, But if the pending amendment shall be . and in my case it was the taxpayers of -who- lives in Washington,· recommended - adopted, it can mean . only one thing- 1942 CONGRESSIONAL RECORD-SENATE 7173 that I shall be obliged personally to. pay conclusion was the Committee on Privi­ have established a precedent in a con­ these attorneys the difference between leges and Elections. tested-election case or an expulsion case. $5,000 and $8,000. The charges filed should never have By doing so the Senate will invite law­ As Senatdrs know, of course, the nnd­ been given any consideration by the com­ yers to charge and obtain large fees from ing of the Senate was in my favor, and mittee. As I understand, they did pre­ the Government of the United States at I do not believe it is fair, when a man sent a very interesting question to a a time when the Government is almost has been elected to the United States lawyer, but the only thing before the com­ bankrupt and when its financial condi­ Senate, to put him in such a position mittee was the question, Was Mr. LANGER tion is becoming rapidly worse. that, in addition to all the trouble he elected to the United State Senate legal­ Let us suppose the attorneys in this experiences, all the expense he has, and ly? Before the committee had gone very case were paid $1,000 apiece by the Gov­ all the annoyance and the suffering it far they found that he was, and they ernment. Perhaps in their private prac­ causes his family, he be asked to pay the should have stopped right there. tice they would each be justified in ask­ sum of three or four or five thousand I do not believe any of the charges in­ ing fees of $10,000 each; but if they· were dollars so that he may be adequately dicating that he had had dealings years paid fees of $1,000 apiece they would not represented. ago of this kind or that kind, which re­ in these times be suffering very greatly. If the conditions are as the senior Sen­ flected upon his character and his honor Mr. President, when an individual is ator from Nebraska has stated, it cer­ as a man, should have been considered attacl{ed he cannot escape the obligation tainly is not my fault. When I came by the committee. If something con­ of paying attorneys' fees, even though into the Senate I took conditions as I nected with the moral character or finan­ the attacJt is groundless. At one time I found them. The precedent in the cial standing, or any other shortcoming, had some difficulty because a man in my Smoot case was here. of a Member of this body, is so gross that State who bore my name tried to get on I, therefore, submit that the amend­ he should be expelled, a method is pro­ the ballot in the senatorial contest. ment should' not be agreed to, but that vided by the Constitution for removing That cost me some money. I had to go the very least which should be allowed him, that is, by way of expulsion pro­ into the supreme court of my State to these attorneys is $16,000, as provided in ceedings. If these charges had any obtain justice, and I did. It never oc­ the resolution. foundation whatsoever, they.should have curred to me, however, that the Senate The ACTING PRESIDENT pro tem­ been presented in that kind of a removal ought to pay my attorney's fee. l do not pore. The question is on agreeing to the proceeding, and expulsion would have re­ believe it ever occurred to my attorney amendment of the senior Senator from quired a two-thirds vote. They were not that the Government ought to pay that Nebraska [Mr. NORRIS]. so presented. 'The desite was to show fee. If he had thought so, he probably Mr. LUCAS. I suggest the absence of that this man was not fit to be a Senator, would have charged a larger fee. a quorum. not that he was not elected. That ques­ Mr. President, after Mr. Justice Hughes Mr. NORRIS. Mr. President, does the tion was not at issue, and if we are going left the Supreme Court the first time, be­ that far afield, what kind of an invitation fore he was appointed to be Chief ~us­ Senator anticipate that the debate will are we giving? continue longer? tice, he engaged in' the practice of law. If we pay -for all such proceedings, pay He was retained in some very important Mr. LUCAS. I do~ not think so. I had the attorneys who go into the charges, no cases. He commanded large fees. I assumed the debate was· now over. matter how earnestly or well they do their think he had a right to large fees. He Mr. NORRIS. I wish to say a few work, we are throwing out an invitation had earned a great reputation as a law­ words. · which makes any Senator's seat here un­ yer. I have been told what some of his Mr. LUCAS. I withhold the suggestion safe, if some unprincipled man wants to fees amounted to. I shall not say what of the absence of a quorum. look over his life from the day he came I was told they were, because I do not Mr. NORRIS. Mr. President, I wish to out of the cradle, and can find something know whether the information was cor­ say a few words in answer to what has. wrong with his life and say he is not fit rect, but they were very large fees. been said by the Senator from North to be a Senator, and try that kind of a Now, let us suppose that a Senator Dakota. case here. If we are to consider such gets into· trouble and must hire lawyers As I intimated when I had the floor, charges we should take the Constitution to defend his side of the case here. Let there are some embarrassments I must as it is, and bring a proceeding which will us say that Senator retained former Chief face, one especially in addition to what require a two-thirds vote to expel the Justice Hughes, whose reputation every­ I mentioned when I had the floor, one man. one knows, and whose reputation would now presented by what the Senator from As I have said, if we establish this kind probably justify as large fees as would North Dakota has said. of a precedent we are throwing out an be charged by any man on earth. The Of course, I realize that it might be a invitation, Nation-wide, for unscrupulous very fact that he were retained as the hardship if the Senator from North Da­ men to attack Members of this body and Senator's lawyer would add greatly to kota were .to be required to pay the dif­ say, "Although this incident indicating a the strength and dignity of the Senator's ference between the amount which will defect in your character happened years case. If the Government pays the at­ ·be allowed the attorneys if my amend­ ago, although it has been discussed in torney's fees, the Senator in question ment shall prevail, and the amount now your State over and over again and you would not care anything ·about the size fixed in the resolution, and I should re­ have been elected notwithstanding that, of the fee. gret any embarrassment to him. How­ yet. we have a right to show that, and When I was a young practicing lawyer ever, I do not believe that is a suflicient prevent you from taking· your seat, when I was retained by a client whose case in­ reason for my withdrawing the amend­ it is admitted that you are honestly and volved a stock of goods, not a very large ment. legally elected." · stock. In that locality there lived an I have no desire to inflict any expense I say that if we are talking about attorney who bore a great reputation as upon the Senator from North Dakota; precedents, that is a dangerous precedent a lawyer, and everyone thereabouts who that is far from my intention. I have to establish here, and that is what· this had a case and who could afford to pay no desire to •take away from these at­ would result in, it seems to me. the fees he charged tried to hire him. torneys, some of whom are personal I did not care to bring that matter into As the time of the trial approached my friends of mine, what they believe they the discussion, but it is in the case if we client said to me, "I believe I will hire have honestly earned. But there is are to discuss the facts, and that is one of that attorney." I said, "All right. I something about this case whjch has not the regrettable things in the case, ac­ have, of course, no objection." I knew yet been discussed he.re. cording to my opinion. this man was a much better lawyer than As I understand the law, if the case had Mr. President, are we to establish the I was. My client went to his home town been conducted and ended as I believe the precedent also that when a Senator is and hired him. The case was tried. I law required that it should be~ the com­ attacked by someone, he can go out and do not think I am egotistical or boastful mittee would not have been in session hire the best lawyer in his State to defend in saying so, but I did practically every more than one day. The records &how him, a man who commands $100 a ~ day for bit of the work in that case, and there that the committee found that the Sena­ his services? was a good deal of it. The case went tor from North Dakota was legally Does the Senate want to pay such an to the Supreme Court, and, if that elected; and the committee reaching that amount? If so, then the Senate will amounted to anything, we had the nama .7174 CONGRESSIONAL RECORD-SENATE SEPTEMBER 17 of that great attorney attached to the I should like to have him correct it. I character of the Senator from Nprth brief filed on our side. That attorney think there is a standing rule somewhat Dakota? did not do any particular work in con­ similar to that. We have nothing of Mr. BUTLER. I will say to ·my col­ nection with the case. I myself pre­ that kind in the Senate. · league that that question involves the pared the brief which was filed in the Mr. President, under all the circum­ legal phase of this case. I made my posi­ Supreme Court. I did the best I knew stances it seems to me my motion should tion very clear at the time the vote was how. After I had prepared the brief I prevail. taken on the so-called Langer case. I went on an evening train to the city Mr. LUCAS. I renew my suggestion of did not speak as a lawyer. I spoke as a where this great attorney lived. I re­ the absence of a quorum. layman; and what I have to say now is turned home the next morning on a train The PRESIDING OFFICER. The purely in my capacity as a layman. which left before daylight. The attor­ clerk will call the roll. I think my colleague, the senior Sen­ ney, of course, knew I was coming, and The legislative clerk called the roll, ator from Nebraska, was perfectly cor­ came to his office to meet me. I went and the following Senators answered to rect in saying that perhaps not a great into his private office with him. He said, their names: deal of time was spent by the committee "Read the brief. I will listen to it." He Aiken Downey Meed in investigating the question referred to sat and listened while I read. He made Andrews George Norris by him. Nevertheless, that does not an­ simply one suggestion. He changed only Austin Gillet te Nye swer the question which was submitted Bailey Gurn ey Pepper one word. I do not mind telling Sena­ Ball Hatch Reed to me as chairman of the subcommittee tors what that word was, because in Barbour Hayden Rosier appointed to determine the correct speaking on the floor of the Senate we Barkley Hill Smith amount of the fees to be allowed to the Brooks Johnson, Calif. Spencer often use that word. Brown Johnson, Colo. Taft attorneys in the case. None of the at­ In the brief I had referred to "the able Bunker Kilgore . Thomas, Idaho torneys were former attorneys for r.ny Burton La Follett e Thomas, Utah member of the committee. Of the five attorney" on the other side. He said, _ Butler Langer Tobey "Strike out the word 'able.' " I struck Capper Lee Truman members of the subcommittee, four had it out. [Laughter.] We won the case-in Caraway Lucas Tydings voted against. the seating of Senator the Supreme Court. I presume the case Chandler McCarran Vandenberg LANGER. One had voted in favor of seat­ Clark, Idaho McFarland VanNuys ing him. We were in practically unani..: was won, more by reason of the name of Clark, Mo. McKellar Wagner this great attorney than because of my Connally McNary Wallgren mous agreement regarding rejecting the work. As a matter of fact, when the Danaher Maloney Willis amount which was originally asked by case came up in the Supreme Court_ Davis Maybank the attorneys-$15,000 for the attorneys neither one of us said a word, because The PRESIDING OFFICER. Fifty­ on each side, or a total of $30,000. We we had filed a stipulation agreeing to nine Senators have answered to their reduced the amount to a total ,of $16,000, submit the case on the briefs, and the names. A quorum is present. $500 being recommended to be allowed case was submitted in that way. The question is on agreeing to the for some extra services in the State. We Mr. President, that great attorney re­ amendment offered by the Senator from thought that by so doing none of the ceived $500 as his fee in that case. I Nebraska [Mr. NORRIS]. attorneys engaged in the case would be received $50 . . Mr. BUTLER. Mr. President, I had overpaid. · · I have no doubt that in this case some hoped that a few more Members of the Again speaking as a layman and as bright young lawyer, perhaps a future Senate might be present at this time. As one who has never spent a great deal of Justice of the Supreme Court or a future perhaps the only member of the Com­ money in the employment of attorneys, Senator, could have done the work re­ mittee· on Privileges and Elections who I should very much dislike to have the quired, and probably have done it better happens to be present, and as one who task of finding an attorney who wouid than some man who had been in the Sen­ served as a member of the subcommittee handle such a case for the same amount ate, or who had been on the Supreme which fixed the fees in this case, I be­ of money which is proposed to be allowed Court, or been the Governor of ·a State. lieve I should have a few words to say.· the attorneys in this case. . · Such a · young lawyer, however, would First, let me say that I have very high I was a member ·of the committee not have the reputation which would en­ respect for my colleague. No Member whose report was rejected by the Senate. title him to the large fees which men with of the Senate, and no one else, thinks There were no ill feelings. There will great reputations receive. Young law more of him or has a greater respect for be none now if the report of the com­ clerks, however, often do the work for his opinions. mittee is again rejected by the Senate, which their chiefs receive the credit. As a layman, I cannot give a view on but under such circumstances I should Every lawyer who has come up from: zero what would be proper, speaking legally, be inclined to think that the tlme and and climbed somewhere near the top in or what might be proper or improper energy put in by the members of the his profession has found that to be true. with reference to this vote establishing committee were not properly appreciated. I am not complaining that that is so. a precedent for future action by the Mr. LA FOLLETTE. Mr. President, When the poor fellow who works for will . the Senator yield? Senate. Mr. BUTLER. I yield. almost nothing at the bottom of the However, in fixing the fees the com­ ladder gets to the top of the ladder he Mr. LA FOLLETTE. I was called from mittee had before it a brief listing the the Chamber, so perhaps I am about to changes his procedure. Then he does no fees which have been allowed in cases work and gets all the fee, instead of ask 'that some facts be restated. Will which have been tried in the Senate in the Senator state again how many at­ doing all the work and getting very little the past. As Senators know, a great or no fee, which was the case when he torneys were on each side of the case, number of such fees were many times and approximately how long they were was a young lawyer. That is true every­ the total amount which was allowed in where. engaged in the case? . this case. I believe that in not more Mr. BUTLER. The junior Senator I do not wish the Senate to establish a than one or two instances were the time precedent which will permit persons to from North Dakota [Mr. LANGER] just consumed and the energy expended com­ now made the remark that the case con­ hire the best lawyers in the country if parable to the time and energy which they are to be paid by Uncle Sam. I do sumed 92 days of his attorneys' time. went into this case. That gives the answer to the question not believe the country wants that to be Mr. NORRIS. Mr. President, will my regarding the length of time consumed. done. I do not think the Senate ought colleague yield? All the attorneys were employed during to have a reputation for doing so. My Mr. BUTLER. I yield. the' entire hearing of the case before the understanding is that in the House of Mr. NORRIS. Will the Senator -tell Representatives there is a standing committee. Four attorneys, I believe, the Senate, first, how much of the time were listed on Senator LANGER's side; rule-perhaps I am wrong about it, for which was consumed by the committee in three were employed on the opposite side I have :not read the rules lately, though this case was spent in ascertaining who of the case. The committee did nothing I used to be familiar" with them-limiting had been elected in North Dakota; and, whatever with respect to deciding how attorneys' fees in contested election cases secondly, how much of the time of the the fee for legal services should be to $2,500 on each side. If any Senator committee was spent in investigating the divided. That is left entirely to the at­ knows that statement not to be correct 31 charges which were made against the torneys themselves; and I understand it 1942 CONGRESSIONAL RECORD-SENATE 7175 is very agreeably settled by. the attorneys The result was announced-yeas 25, The PRESIDING OFFICER. - Without on either side. nays 33, as follows: objection, the nomination is confirmed. Again I wish to emphasize that my col­ YEAS-25 Mr. TYDINGS. Mr. President, I ask league and I are usually in entire agree­ Andrews Kilgore Rosier unanimous consent that in the case of ment ori matters that are fundamental, Barbour Lee Spencer the nomination which was just confirmed and I know, regardless of what action Barkley McCarran Thomas. Utah the President be notified immediately, Bunker McFarland Truman the Senate may take upon his motion, Capper McKellar Tydings because there are certain legal acts which, we shall continue to be. Caraway Maloney Wagner I am advised, cannot be consummated in The PRESIDING OFFICER. The Chandler May bank Wallgren Hawaii, which is more or less of a de­ Hatch Norris question is on agreeing to the amend­ Johnson, Colo. Pepper fense area, without the consent of the ment submitted by the Senator from Secretary of the Territory. Nebraska [Mr. NoRRis]. On this ques­ NAYS-33 The PRESIDING OFFICER. Without Aiken Danaher McNary tion the yeas and nays have been or­ Austin Davis Mead objection, the President will be notified dered, and .the clerk will call the roll. Bailey Downey Nye forthwith. · The legislative clerk proceeded to call Ball George Reed Brooks Gillette Smith ARMY SPECIALIST CORPS the roll. Brown Gut·ney Taft Mr. McNARY (when his name was Burton Hayden Thomas, Idaho . The legislative clerk read the nomina­ called). I have a gener·al pair with the Butler Hill Tobey tion of Ewing Willard Reilley to be Chief Clark, Idaho Johnson, Calif. Vandenberg Organization Branch, Quartermaste; junior Senator from Mississippi [Mr. Clark, Mo. La Follette Van Nuys DoxEY]. I transfer that pair to the Corps, Services of Supply. • Connally Lucas Willis The PRESIDING OFFICER. Without junior Senator from Colorado [Mr. NOT VOTING-38 MILLIKIN], and Will vote. I vote "nay." objection, the nomination is confirmed. Bankhead Guffey Reynolds The legislative clerk read the nomina­ · Mr. THOMAS of Utah (when his name Bilbo Herring Russell was called). I have a general pair with Bone Holman Schwartz tion of Charles McCartney Wellons to be ~he senior Senator from New Hampshire Brewster Hughes Shipstead Chief of Design and Construction Divi­ Bridges Langer Smathers sion, Engineer Corps, Services of Supply~ [Mr. BRIDGEs]. I transfer that pair to Bulow Lodge Stewart the senior Senator from Rhode Island Byrd Millikin Thomas, Okla. The PRESIDING OFFICER. Without {Mr. GREEN], and will vote. I vote Chavez Murdock Tunnell objection,· the nomination is confirmed. Doxey Murray Walsh The ,legislative clerk read the nomina­ "yea." I am not advised how the Sena­ Ellender O'Daniel Wheeler tor from · Rhode· Island would vote if Gerry O'Mahoney White ~ion of G. Ross Henninger to be liaison present. ' Glass Overton Wiley officer, headquarters, Army Specialist The roll call was concluded. Green Radcliffe Corps. : Mr. HILL. I announce that the Sen­ So Mr. NORRIS' amendment was re­ .The PRESIDING OFFICER. Without ator from Alabama [Mr. BANKHEAD]; the jected. objection, the nomination is confirmed. Senator from Virginia [Mr. BYRD], the The PRESIDING OFFICER. The The legislative clerk read the nomina­ Senator from Iowa [Mr. HERRING], and question recurs on agreeing to the reso­ tion of Harold Ewing Spickarq to be the Senator from Massachusetts [Mr. Chief, Rights-of-·Way Subdivision, Engi­ lution. neer Corps, Services of Supply. WALSH] are detained in committee The resolution was agreed to. meetings. The PRESIDING OFFICER. Without The Senators from Mississippi [Mr. EXECUTIVE SESSION. objection, the nomination is confirmed. BILBO and Mr. DoxEY J, the Sen a tor from Mr. BARKLEY. I move that the Sen­ POSTMASTERS Washington [Mr. BoNE), the Senator ate proceed to the consideration of ex­ The legislative clerk proceeded to read from South Dakota [Mr. BuLow), the ecutive business. Senator from New Mexico [Mr. CHAVEZ], The motion was agreed to; and the sundry nominations of postmasters. - Mr. BARKLEY. I ask unanimous con­ the Senator from Louisiana [Mr. ELLEN­ Senate proceeded to the consideration of sent that . the postmaster nominations DER], the Senators from Rhode Island executive business. be confirmed en bloc. [Mr. GERRY and Mr. GREEN], the·Senator EXECUTIVE MESSAGES REFERRED from Virginia [Mr. GLAss}, the Senator · The PRESIDING OFFICER. Without from Pennsylvania [Mr. GUFFEY], the The PRESIDING OFFICER

;I 7176 CONGRESSIONAL RECORD-:SENATE SEPTEMBER 17

The motion was agreed to; and

John A. Lyons, Ea15t-Millinocket, Maine, in MINNESOTA Willis E. Herbert, Franconia, N. H., in place place of J. A. Lyons. Incumbent's commis­ Elizabeth E. Trench, Dennison, Minn. of w. E. Herbert. Incumbent's commission sion expired June 23, 1942. Office became Presidential July 1, 1941. expired May 17, 1942. !renee Cyr, Fort Kent, Maine, in place of Aloysius I. Donahue, Elk River, Minn., in Richard U. Cogswell, Warner, N. H ., in !renee Cyr. Incumbent's commission ex­ place of A. I. Donahue. Incumbent's com­ place of R. U. Cogswell. Incumbent's com­ pired June 23, 1942. mission expired June 13, 1942. mission expired May 6, 1942. James A. McDonald, Machias, Maine, in Dean M. Alderman, G~ey Eagle, Minn., in NEW JERSEY place of J . A. McDonald . .Incumbent's com­ place of D. M. Alderman. Incumbent's com­ Ernest F. Rohn, Arlington, N. J., in place of mission expired June 23, 1942. mission expired June 23, 1942. Leo V. Keenan, Mars Hill, Maine, in place E. F. Rohn. Incumbent's commission ex­ Lee L. Champlin, Mankato, Minn., in place pired June 23, 1942. of L. V. Keenan. Incumbent's commission of L. L. Champlin. Incumbent's commission expired June ':3, 1942. Hiram S. McKeen, Avalon, N.J., in place of expired June 23, 1942. H. S. McKeen. Incumbent's commission ex- Lillian L. Guptill, Newcastle, Maine, in Chester J. Gay, Moose Lake, Minn., in place place of L. L. Guptill. Incumbent's commis­ pired June 23, 1942. . of C. J. Gay. Incumbent's commission ex­ Frank Tilton, Avon by the Sea, N. J ., m sion expired June 23, 1942. pired June 23, 1942. Orrin v. Drew, Vinalhaven, Maine, in place place of Frank Tilton. Incumben_t~s com­ Elmer Backer, New Ulm, Minn., in place of mission expired June 23, 1942. of o. v. Drew. Incumbent's commission ex­ Elmer Backer. Incumbent's commission ex­ pired June 23, 1942. John P. Euler, Belford, N. J., in place of pired June 23, 1942. J.P. Euler. Incumbent's commission expired MARYLAND Andrew Reid, South St. Paul, Minn., in June 23, 1942. place of Andrew Reid. Incumbent's commis­ William A. Strohm, Annapolis, Md., in Louis J. Bowlby, Bound Brook, N. J ., in sion expired June 3, 1942. place of W. A. Strohm. Incumbent's com­ place of L. J. Bowlby. Incumbent's commis­ Paul J. Arndt, Stillwater, Minn., in place of sion expired June 23, 1942. mission expired June 23, 1942. P. J. Arndt. Incumbent's commission ex­ James G. Archer, Bel Air, Md., in place of Richard P. Hughes, Burlington, N. J., in pired June 23, 1942. place of R. P. Hughes. Incumbent's com­ J . G. Archer. Incumbent's commission ex­ Daniel M. Coughlin, Waseca, Minn., in pired April 15, 1942. mission expired June 23, 1942. place of D. M. Coughlin. Incumbent's com­ Benjamin J. Haulbosltey, Leonardo, N. J., Ralph Sellman, Mount Airy, Md., in place mission expired June 23, 1942. of Ralph Sellman. Incumbent's commission in place of B. J. Haulboskey. Incumbent's expired April 1, 1942. MISSISSIPPI commission expired June 23, 1942. John J. Quinn, Perth Amboy, N. J., in MASSACHUSETTS Ida F. Thompson, Dlo, Miss., in place of I. F. Thompson. Incumbent's commission place of J. J. Quinn. Incumbent's commis­ Alice H. Gibson, Canton, Mass., in place of expired June 23, 1942. sion expired June 23, 1942. C. F. Gibson, deceased. Allen A. Edwards, Richton, Miss., in place Adclph F. Schmitt, Sayreville, N. J ., in Ellen M. O'Connor, East Taunton, Mass., of A. A. Edwards. Incumbent's commission place of W. E. Riddle, deceased. Patrick J. Shortt, Wildwood, N. J., in place in place of E. ~. O'Connor. Incumbent's expired June 23, 1942. commission expire_p June 23, 1942. of P. J. Shortt. Incumbent's commission ex­ Edward c. Pelissier, Hadley, Mass., in place MISSOURI pired June 23, 1942. of E. C. Pelissier. Incumbent's commi_ssion Charles C. Oliver, Bloomfield, Mo., in place NEW YORK expired June 23, 1942. of c. C. Oliver. Incumbent's commission ex- Mayme Meegan, Altmar, N. Y., in place Thomas A. Wilkinson, Lynn, Mass., in place pired June 23, 1942. . of Mayme Meegan. Incumbent's commission ofT. A. Wilkinson. Incumbent's commission . Otis D. Kirkman, Cabool, Mo., m place of expired June 23, 1942. expired June 23, 1942. 0. D. Kirkman. Incumbent's commission ex­ James D. Cheesman, Andover, N. Y., in Agnes T. Doyle, Lynnfield, Mass., in place pired June 23, 1942. place of J. D. Cheesman. Incumbent's com­ of A. T. Doyle. · Incumbent's commission ex­ Harrison R. Porter, Conway, Mo., in place mission expired June 23, 1942. pired December 7, 1941. of H. R. Porter. Incumbent's commission ex­ Lorenzo J. Burns, Batavia, N. Y., in place James F. McClusky, Middleboro, Mass., in pired June 23, 1942. of L. J, Burns. Incumbent's commission ex­ place of J . F. McClusky. Incumbent's com­ Richard W. Marsden, DeSoto, Mo., in place pired May 11, 1942. mission expired June 23, 1942. of R . w. Marsden. Incumbent's commission Leo W. Pike, Belmont, N. Y., in place of Arthur A. Mayhew, Vineyard Haven, Mass., expired June 23, 1942. · L. Pike. Incumbent's commission ex­ Birdie W. Brown, Forest City, Mo., in place w. in place of S. C. Luce, deceased. pired June 23, 1942. James L. O'Brien, Williamstown, Mas~ .• in of B. W. Brown. Incumbent's commission John A. Holland, Brushton, N. Y., in place place of M. L. Dempsey. Incumbent's com­ expired June 23, 1942. of J. A. Holland. Incumbent's commission mission expired February 16, 1941 . . Sadie G. Morehead, Milan, Mo., in place of s. G. Morehead. Incumbent's commission expired June 23, 1942. • MICHIGAN Agnes H. Mead, Hannibal, N.Y., in place of expired June 23, 1942. · A. H. Mead. Incumbent's commission ex­ Daniel M. McAuliffe, Albion, Mich., in place John M. Moss, Nevada, Mo., in place of of D. M. McAuliffe. Incumbent's commission J. M. Moss. Incumbent's commission expired pired June 23, 1942. expired June 23, 1942. Frank L. Egger, Larchmont, N. Y., in place June 23, 1942. of F. L. Egger. Incumbent's commission ex­ Joseph A. Byrne, Birmingham, Mich., in Walter E. Duncan, Newburg, Mo., in place place of J. A. Byrne. Incumbent's commis­ pired June 23, 1942. of W. E. Duncan. Incumbent's commission Clayton C. Young, Moira, N. Y., in place sion expired June 23, 1942. expired June 23, 1942. Morton G. Wells, Byron Center, Mich., in of c. C. Young. Incumbent's commission ex­ place of M. G. Wells. Incumbent's commis­ MONTANA pired June 23, 1942. sion expired March 30, 1942. Robert Midtlyng, Deer Lodge, Mont., in William F. McNichol, Nyack, N.Y., in place Cleo T. Aldrich, Clayton, Mich., in place of place of Robert Midtlyng. Incumbent's com­ of W. F. McNichol. Incumbent's commission c. T. Aldrich. Incumbent's commission ex- mission expired June 23, 1942. expired May 28, 1942. pired February 9, 1941. . Henry C. Wilcox, Joliet, Mont., in place of Robert J. Henry,_Port Ewen, N.Y., in place Mortimer W. Olds, Coldwater, M1ch., in H. c. Wilcox. Incumbent's commission ex­ of R. J. Henry. Incumbent's commission ex- place of M. w. Olds. Incumbent's commis­ pired June 23, 1942. pired June 23, 1942. - sion expired June 23, 1942. Marie D. Laramy, Malta, Mont., in place of Lindsay J. Hollister, Jr., Port Henry, N. Y., John G. Watson, Colon, Mich., in place of M. D. Laramy. Incumbent's commission ex­ in place of L. J. Hamster, Jr. Incumbent's J. G. Watson. Incumbent's commission ex­ pired June 23, 1942. commission expired June 23, 1942. pired June 23, 1942. Peter J. Herbst, Plevna, Mont., in place of John J. Cassidy, Port Jefferson, N. Y., in Charles S. Carland, Corunna, Mich., in place P. J. Herbst. Incumbent's commission ex- place of J. J. Cassidy. Incumbent's com­ pired June 23, 1942. . of Carland. ~ncumbent's commission mission expired June 23, 1942. c. s. Estrid H. Knauts, Richey, Mont., in place expired June 23, 1942. Nora E. Feeley, Skaneateles Falls, N. Y., in of E. H. Knauts. Incumbent's commission place of N. E. Feeley. Incumbent's commis­ Joseph W. Harlan, Davison, Mich., in place expired June 23, 1942. of J. w. Harlan. Incumbent's commission sion expired June 2, 1942. expired June 23, 1942. NEBRASKA NORTH CAR OLIN A Patrick J. Scanlan, Hubbell, Mich., in place Margarete C. Phelps, Valentine, Nebr., in William R'. Young, Badin, N.C., in place of of P. J. Scanlan. Incumbent's commission place of M. C. Phelps. Incumbent's commis­ W. R. Young. Incumbent's commission ex- expired June 23, 1942. sion expired June 23, 1942. pired June 7, 1942. . Charles M. Dillon, Iron Mountain, Mich., in NEVADA Berta B. White, Ellerbe, N. C., m . place of place of c. M. Dillon. Incumbent's commis­ Lem S. Allen, Fallon, Nev., in place of B. B. White. Incumbent's commission ex­ sion expired June 23, 1942. pired May 14, 1942. L. s. Allen. Incumbent's commission ex­ Stephen C. Clark, High Point, N. C., in Peter J . Nora, Iron River, Mich., in place of pired June 23, 1942. P. J. Nora. Incumbent's commission expired place of S. C. Clark. Incumbent's commis­ June 23, 1942. NEW HAMPSHIRE sion expired June 18, 1942. Lyman Woodard, Peck, Mich., in place of Joseph A. Gorman, Durham, N.H., in place Robert T. Teague, Newland, N. C., in place Lyman Woodard. Incumbent's commission of J. A. Gorman. Incumbent's commission of R. T. Teague. Incumbent's commission expired Mal'ch 23, 1942. expired May 6, 1942. expired June 13, 1942. 7178 CONGRESSIONAL RECORD-HOUBE SEPTEMBER 17

NORTH DAKOT.-\. Stephen S. Perry, Freeport, Tex., in place CONFIRMATIONS Charles K. Otto, Valley City, N. Dak., in of S. S. Perry. Incumbent's commission ex­ Executive nominations confirmed by place of C. K. Otto. Incumbent's commission pired June 23, 1942. expired June 23, 1942. William E. Porter, Glen Rose, Tex., in place the Senate September 17, 1942: of W. E. Porter. Incumbent's commission HAWAII OHIO expired June 23, 1942. Ernest K. Kai to be Secretary of the Terri­ Mary E. Eakle, Antwerp, Ohio, in place of Lucie Hill, Hull, Tex., in place of Lucie Hill. tory of Hawaii. M. E. Eakle. Incumbent's commission ex­ Incumbent's commission expired April 11, pired June 23, 1942. 1942. ARMY SPECIALIST CORPS Roy H. Kerns, Bellefontaine, Ohio, in place Morris Ferrell, Krum, Tex. Office became Ewing Willard Reilley to be Chief, Organi­ of R. H. Kerns. Incumbent's commission ex­ Presidential July 1, 1942. zation Branch, Quartermaster Corps, Services pired June 23, 1942. William M. Covey, Mabank, Tex., in place of Supply, $6,500. Enoch W. Carman, Belmont, Ohio, in place of J. W. Dyer, deceased. Charles McCartney Wellons to be Chief of of E. W. Carman. Incumbent's commission Myrtle M. Hatch, Mission, Tex., in place Design and Construction Division, Engi­ expired June 23, 1942. of M. M. Hatch. Incumbent's commission neer Corps, Services of Supply, $6,400. Charles F. Hildebolt, Eaton, Ohio, in place expired June 23, 1942. G. Ross Henninger. to be liaison officer, of C. F. Hildebolt. Incumbent's commission Claude F. Norman, Rule, Tex., in place of Headqu~rters, Army Specialist Corps, $5,600. expired April 1, 1942: C. F. Norman. Incumbent's commission ex­ Harold Ewing Spiclt:ard to be Chief, Rights­ Rolland R. Pettay, Freeport, Ohio, in place pired June 23, 1942. of-Way Subdivision, Engineer Corps, Services of R. R. Pettay. Incumbent's commission Chn·les H. Grounds, Talpa, Tex., in place of Supply, $5,600. expired June 23, 194:2. of C. H. Grounds. Incumbent's commission IN THE REGULAR ARMY Clelland R. Polen, Lewisville, Ohio, 1n place expired June 23, 1942. APPOINTMENT, BY TRANSFER, IN THE REGULAR of C. R. Polen. Incumbent's commission ex­ VIRGINIA ARMY pired June 23, 1942. Kathryn C. Ross, Accomac, Va., in place of Harry W. Gordon, McConnelsville, Ohio, in K. G. Ross. Incumbent's commission expired Lt. Col. Charles Carlton to Quartermaster place of H. W. Gordon. Incumbent's com­ June 23, 1942. Corps. mission expired June 23, 1942. Fred Adams, Galax, Va., in place of Fred Sacond Lt. Myron Richard Bittikofer to Thomas H. Rice, New Vienna, Ohio, in Adams. Incumbent's commission expired Corps of Engineers. place ofT. H. Rice. Incumbent's. commission June 23, 1942. PROMOTIONS IN THE REGULAR ARMY exuired June 23, 1942. James R. Gregory, Martinsville, Va., in place Thomas Henry Rees, Jr., colonel, Cavalry, Lewis T. Williams, New Waterford, Oh!o, of J. R. Gregory. Incumbent's commission in place of L. T. Williams. Incumbent's com­ with rank from September 1, 1942. expired June 23, 1942. Floyd Randall Waltz, colonel, Infantry, with mission expired June 23, 1942. Eugene P. Whitman, Pulaski, Va., in place Paul A. Elick, Payne, Ohio, in place of rank from September 1, 1942. of E. P. Whitman. Incumbent's commission John Henry Woodberry, colonel, Ordnan~e P. A. Elick. Incumbent's commission ex­ expired June 23, 1942. pired June 23, 1942. Departme~t, with rank from September 1, Vernon C. Griffith, Shenandoah, Va., in 1942. - William I. Dague, Wadsworth, Ohio, in place of V. C. Griffith. Incumbent's commis­ place of W. I. Dague. Incumbent's commis­ Harold Francis Loomis, colonel, Coast Ar­ sion expired June 23, 1942. tillery Corps, with rank from September 1, sion expired April 15, 1942. Gervis E. Lemley, Stephens City, Va., in Eara J. Bell, Waterford, Ohio, in place of 1942. place of G. E. Lemley. Incumbent's commis­ Leland Harold Stanford. colonel, Signal S. J. Bell. Incumbent's commission expired sion expired June 23, 1942. June 23, 1942. Corps, with rank from September 1, 1942. VmGIN ISLANDS OKLAHOMA TEMPORARY APPOINTMENT IN THE ARMY OF THE Bourke Hamilton Bayless, Claremore, Okla., Bartholin R. Larsen, Christiansted, V.I., in UNITED STATES in place· of A. V. D. Robinson, deceased. place of B. R. Larsen. Incumbent's commis­ Col. Caleb Vance Haynes, for temporary James McK. Williams, Walters, Okla., in sion expired May 6, 1942. appointment as brigadier general in the p lace of J. M. Williams. Incumbent's com­ WASffiNGTON Army of the United· States. mission expired April 11, 1942. George D. Magee, Aberdeen, Wash., in p!ace IN THE MARINE CORPS PENNSYLVANIA of G. D. Magee. Incumbent's commission ~x­ pired June 23, 1942. APPOINTMENTS AND PROMOTIONS Harry R. Tomlinson, Andalusia, Pa., in Arthur H. Gerl, Wilbur, Wash., in place of To be majors place of W. W. Wright, removed. A. H. GeJ;l. Incumbent's commission expired William A. Willls Charles H. Hayes James P. Bryan, Beaver, Pa., in place of June 23, 1942. Harold W. Bauer R:chard C. Mangrum J. P. Bryan. Incumbent's commission ex­ pired June 23, 1942. WISCONSIN To be second lieutenants Francis P. Kelly, Carbondale, Pa., in place Arthur C. Finder, Ableman, Wis., in place George M. Warnke Richard H. Vestal of F. P. Kelly. Incumbent's commission ex­ of A. C. Finder. Incumbent's commission Ralph H. Guppy, Jr. Rnbert H. Hammond pired June 23, 1942. expired March 1, 1942. Wesley R. Christie Paul H. Millichap Alice E. Shoemaker, Fayett eville, Pa., in Perlee W. Dickey, Black River Falls, Wis., POSTMASTERS place of A. E. Shoemaker. Incumbent's com­ in place of P. W.'Dickey. Incumbent's com­ mission expired June 23, 1942. mission expired April 26, 1942. ILLINOI~ Walter C. Blessing, Hallam, Pa., in place Charles L. Haessly, Ellsworth, Wis., in place Paul R. Smoot, Petersburg. of W. C. Blessing. Incumbent's commission of C. L. Haessly. Incumbent's commission Arthur B. Caughlan, Pittsfield. expired June 23, 1942. expired April 12, 1942. Emery C. Mahaffey, Mahaffey, Pa., in place John T. Tovey, Fremont, Wis., in place of of E. C. Mahaffey. Incumbent's commission J. T. Tovey. Incumbent's commission ex­ expired June 23, 1942. pired May 25, 1942. HOUSE OF REPRESENTATIVES Emily V. Hamsher, North Hills, Pa., in place Frank Heppe, Kewaskum, Wis., in place of of E. V. Hamsher. Incumbent's commission Frank Heppe. Incumbent's commission ex­ THURSDAY, SEPTEMBER 17, 1942 expired February 10, 1942. pired May 31, 1942. Dora Cowen, Roscoe, Pa., 1n place of Dora May K. Powers, Lake Geneva, Wis., in place The House met at 12 o'clock noon. Cowen. Incumbent's commission expired of M. K. Powers. Incumbent's commission Rev. Reuben K. Youngdahl, pastor of June 23, 1942. expired May 31, 1942. Hildegarde Thering, Plain, Wis., in place of Mount Olivet Lutheran .Church, Minne­ Joseph R. Ganly, Tower City, Pa., in place apolis, Minn., offered the following of T. F. Berney, deceased. William Reuschlein, retired. Joseph P. Kelly, Richland Center, Wis., in prayer: RHODE ISLAND place of J.P. Kelly. Incumbent's commission 0 God, our help in ages past, our hope Grace B. Almy, Little Compton, R. I., in expired April 26, 1942. in years to come: Sustain us with Thy place of G. E. Almy. Incumbent's commis- Adelbert 0. Randall, Rosendale, Wis., 1n sion expired June 18, 1942. ' place of A. 0: Randall. Incumbent's commis­ power today, and give us the assurance sion expired May 31, 1942. and the confidence that enables us to TENNESSEE Alfred H. Hadler. Thiensville, Wis., in place have a faith that looks up to Thee. Annie Blair Waller, Philadelphia, Tenn., of A. H. Hadler. Incumbent's commission We pray Thee that we might under­ in place of W. J. McCrary, transferred. expired May 31, 1942. stand that Thou art the way and without TEXAS WYOMING Thee there is no going; that Thou art Joseph Y. Fraser, Colorado City, Tex., in Albert E. Holliday, Laramie, Wyo., in place the truth and without Thee there is no place of J. Y. Fraser. Incumbent's commis­ of A. E. Holliday. Incumbent's commission knowing; that Thou art the.life and with­ sion expired June 23, 1942. expired May 4, 1942. out Thee there is no living. 1942 CONGRESSIONAL RECORD-HOUSE 7179 When darkness surrounds us, be Thou Mr. BLAND. Subject to correction by in the past history of the country. He is our -light; when we are discouraged, be the Speaker, if I am incorrect, I would a man of courage, of patriotism, of loy­ Thou our comforter; in moment-s of say "Yes." alty, devoted to his country, learned in weakness, be Thou our strength. The SPEAKER. Is there objection to its history, and conscientious in his con­ Grant Thy blessing, we pray Thee, to the request of the gentleman from Vir­ victions. He is a great son of a great those in authority, especially to the Pres­ ginia. State. - ident and the Congress of the United Mr. RANKIN of Mississippi. Mr. Mr. MARTIN of Massachusetts. Mr. States; may their actions and guidance Speaker, further reserving the right to Speaker, speaking for the minority s!de preserve in this land the type of govern­ object, let m~ inquire of the acting ma­ of the House, I join with the acting leader ment which is fashioned after Thy will. jority leader what we are going to take on the majority side in felicitations to May Thy blessing rest upon all the liber­ up on Monday next? our beloved Speaker. I feel safe in say­ ty-loving people of the world and upon The S!lEAKER. The Chair takes this ing that we on this side of the House ap­ those burdened with the responsibility of opportunity to state that he expects to preciate the great ability and fairness of bringing about world peace. Theirs is a recognize the gentleman from Kentucky the distinguished gentleman from Texas. task that needs the prayers of every citi­ [Mr. MAY] to ask unanimous consent In my judgment, he is one of the great zen of the universe; theirs is a duty that for the consideration at that time of Americans of his day, and we felicitate demands the cooperation and support of bills, noncontroversial in nature, coming him on the second anniversary of his ele­ all of us. from the Committee on Military Affairs. vation to the high office which he now Today we ask Thy special blessing Mr. RANF.:IN of Mississippi. And adorns. upon those brave and courageous defend­ may I ask further of the Speaker when Mr. BLAND. I agree with everything ers of all nations in the cause of right, we may expect the Consent Calendar will the gentleman from Massachusetts has who now fight on many battlefields. be next considered. stated about our beloved Speaker. We Please, dear Lord, may their sacrifices be The SPEAKER. On the 21st of Sep:.. hope that he may occupy his present po­ lessened by Thy goodness. In their re­ tember. sition for many years to come. We all sponsibilities may they be guided by Thee Is there objection to the request of the wish for him health, happiness, and pros­ so that eternal peace may forever reign; gentleman from Virginia? perity in all the years that are to come. so that free people may again carry on in Mr. RICH. Mr. Speaker, further re­ Mr. COX. Mr. Speaker, I ask unani­ Thy cause; and Thy will be done on earth serving the right to object, I suggest to mous consent to address the House for as it is in heaven. the gentleman from Virginia that we · 1 minute. Unto Thee, 0 Christ, our King, do we have been informed by the President of The SPEAKER. Is there objection? offer these petitions, for Thine is the the United States that if we do not get There was no objection. Kingdom and the Power and the Glory, the so-called inflation bill passed by the Mr. COX. Mr. Speaker, I am glad the forever and ever. Amen. 1st of October he is going to act him­ gentleman from Virginia [Mr. BLAND] self. I think it is time that we got busy took occasion to call the attention of the The Journal of the proceedings of and that we bring the bill in here so that House to the fact that yesterday was. the Tuesday, September 15, 1942, was read this Congress can act and keep a dic­ second anniversary of our Speaker as and approved. tator out of this country, and we do not Presiding Officer of this House. MESSAGE. FROM THE SENATE want to do any fooling around about it, At this time when the whole world is either. writhing in a cauldron of war, a war A message from the Senate, by Mr. The SPEAKER. Is there objection to precipitated by the venomous devil Frazier, its legislative clerk, announced the request of the gentleman from Vir­ spewed up by an angry hell, the steady that the Senate had passed without ginia? character of our friend, the Speaker, is amendment a joint resolution of the There was no objection. a rock to which we may safely moor. House of the following title: The title which he bears is not an LEAVE TO ADDRESS THE HOUSE H. J. Res. 344. Jo: :t resolution authorizing honor to him, but it is he who is an honor extensio11s of time for filing return of capital­ Mr. BLAND. Mr. Speaker, I ask unan- to his title. I wish for him not fame, stock tax in 1942. . imous consent that after the disposition not power, not wealth, but health and ADJOURNMENT OVER of business on the Speaker's desk today · happiness and the continued enjoyment I be permitted to address the House for of the love and confidence of his fellows Mr. BLAND. Mr. Speaker, I ask unan­ 10 minutes on the one hundred and fifty­ who labor by his side. imous consent that when the House ad­ fifth anniversary of the adoption of the journs today it adjourn to meet on Mon­ Constitution of the United States. THE LATE HONORABLE ALBERT W. JEFFERIS day next. The SPEAKER. Is there objection? The SPEAKER. Is there objection to There was no objection. Mr. McLAUGHLIN. Mr. Speaker, I the request of the gentleman from Vir­ ask unanimous consent to address the ginia? MR. SPEAKER RAYBURN House for 1 minute and to revise and Mr. MARTIN of Massachusetts. Mr. Mr. BLAND. Mr. Speaker, I ask unan­ extend my remarks. Speaker, I reserve the right to object, al­ imous consent to address the House for The SPEAKER. Is there objection? though I do not expect to. I would like 1 minute. There was no objection. to know for the benefit of the House if The SPEAKER. Is there objection? Mr. McLAUGHLIN. Mr. Speaker, it is the so-called inflation bill, which we hope Mr. BLAND. Mr. Speaker, my purpose with profound sorrow that I rise to in­ to be able to-dispose of as quickly as pos­ in asking this time is to call the atten­ form the House of the death on Monday sible, will be under consideration on Mon­ tion of the House to the fact that yester­ last at his home in Omaha, Nebr., of day next. Is that to be the program? day was the second anniversary of the Han. Albert W. Jefferis, a former Member Mr. BLAND. Mr. Speaker, my infor­ elevation of the present occupant of the of this body. Mr. Jefferis served in the mation is that the gentleman from Ala­ chair to the speakership. I consider the Sixty-sixth and Sixty-seventh Congresses. bama [Mr. STEAGALL], chairman of the Nation extremely fortunate that in these Born on December 7, 1868 near Embree­ Committee on Banking and Currency, ex­ troubled times the Speaker is a man of ville, Pa., the son of a farmer, Mr. Jefferis pects to appear this morning and ask such parliamentary skill, of such legis­ was in his 73d year at the time of his unanimous consent that he be permitted lative experience, and of such courage passing. to file a report upon that bill or upon a and patriotism as the present occupant Albert W. J efferis was a big man in new bill during the recess, and my un­ of the chair. I have been here since the every sense of the word. Weighing well derstanding is that it will be ready the late Champ Clark was Speaker, and I over 200 pounds and standing more than first of the week. have served under the subsequent Speak­ 6 feet 3 inches in height he was a strik­ Mr. MARTIN of Massachusetts. Then ers up to this time. I am convinced that ing figure of a man and stood out in the membership of the House can plan the present Speaker measures up to every any company because of his dis tin­ to be here on Tuesday in the hope that one of the Speakers that we ha,ve had guished appearance. "Big Jeff," as he the bill will be then under consideration. during my time, and I think at any time was affectionately known by his host of 7180 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 17 friends and by his colleagues in the was Bill all the way up the ladder, step Mr. EBERHARTER. Mr. Speaker, I House, was big in spirit as well as in by step, as telegrapher, clerk, train dis­ ask unanimous consent that after the bodily stature. Always a fighter for any patcher, trainmaster, assistant superin­ other special orders have been concluded cause which he espoused, he was none­ tendent, superintendent of division after today I may be permitted to address the theless gentle by nature and so tolerant division, general manager, vice president, House for 5 minutes. of those who opposed his views that his executive vice president, and president. The SPEAKER. Is there objection? antagonists in political and legal con­ The people of North Platte have changed There was no objection. flicts were among his closest friends and the name of the street where Mr. Jeffers EXTENSION OF REMARKS most staunch admirers. was born to Jeffers Avenue and the little After working his way through the cottage in which he was born has been Mr. MARTIN of Massachusetts. Mr. State Normal School in Pennsylvania, moved to a place of honor in the town Speaker, I ask unanimous consent that Mr. Jefferis became principal of the park. my colleague from Pennsylvania [Mr. Marshalltown, Pa., schools. A year later In accepting the appointment Mr. Jef­ VAN ZANDT J may be allowed to extend his he entered the University of Michigan fers said, with modesty: own remarks in the RECORD. The SPEAKER. Is there objection? College of Law. It was at Michigan as I don't know anything about rubber. I 'm a football and baseball star and cham­ just a railroad executive. That's all I've There was no objection. pion debater that he first became known majored in. I'm going to do this job because Mr. CRAVENS. Mr. Speaker, on be­ as "Big Jeff." Coming to the practice it's the job to do. hdf of the gentleman from New York of law in Omaha in 1893 in the midst of [Mr. SoMERS] I ask unanimous consent hard times, he- supplemented his small He added: that he may be allowed to extend his earnings by working as football coach at I intend to take all the time necessary to remarks in the RECORD and include a learn all about the job before I start to make letter. Doane College at Crete, Nebr. decisions. But it won't take too long. It's Albert Jefferis was always active as a not our way to take long. The SPEAKER. Is there objection? militant member of the Republican There was no objection. Party. In 1918 he was elected to Con­ Those who know Bill Jeffers know that PRODUCTION AND DISTRffiUTION OF gress from the Second Congressional he will act with judgment and with dis­ FARM PRODUCTS District of Nebraska, and was reelected patch. He wiil do the job. in 1920. In 1922 he entered the Repub­ The Baruch report recommended that Mr. FULMER. Mr. Speaker, I ask lican senatorial primary at which the plants for the production of grain alcohol unanimous consent to address the House be constructed on sites near the grain for 1 minute and to revise and extend late Senator Robert Beecher Howell was my remarks. nominated. Throughout his life in producing areas. The report sets forth Omaha he was an active and respected the assurance of the Secretary of Agricul· The SPEAKER. Is there objection? member of the bar of his city and State. ture to the committee that no concern There was no objection. In 1920 he nominated Charles G. Dawes need be felt that the expansion of alcohol Mr. FULMER. Mr: Speaker, one of for Vice President and campaigned and butadiene from grain will interfere the many problems confronting our war throughout the country for Coolidge and with our food supply; that all food re­ effort-perhaps the greatest problem-­ Dawes. Understood to be among those quirements that can now be anticipated is the serious situation confronting the considered for appointment as Attorney are met; that there will still be upward proper and necessary production and General in 1925 he refused an appoint­ of 1,250 ,000,000 bushels of wheat left on harvesting of farm products and the dis­ ment as an Assistant Attorney General this continent. The Baruch committee tribution thereof at fair prices, so as to in 1929. report asks for the creation of a rubber eliminate the tremendous losses from The passing of "Big Jeff" will be a administrator who will direct the course crops remaining in the fields because of source of sorrow and regret to his many of the technical and industrial develop· the sho.rtage of labor and the large, un­ friends and former colleagues. In the ment of the synthetic rubber production. justifiable spread between producers and Bill Jeffers says: consumers, all of which is very costly to death of Albert W. Jefferis the Nation producers and consumers. has lost a sterling citizen, a big man in I intend to do whatever is necessary to A sufficient quantity of food and fiber, body, mind, and spirit. carry out the assignment. not only to take care of 130,000,000 [Here the gavel fell.] Adding: Americans but our hard-pressed Allies, MR. WILLIAM M. JEFFERS I cannot do any more talking about the in this the greatest struggle ever in the Mr. McLAUGHLIN. Mr. Speaker, I matter now. We do not need talk-we need history of the world, is just as important ask unanimous consent to address the action. as it is to ·"keep them rolling." House for one minute and to revise and My committee, representing the vari­ The country can count on Bill Jeffers ous agricultural areas of the country, extend my remarks. for action. He will .carry out his assign­ The SPEAKER. Is there objection? ment. being deeply interested in every phase There was no objection. [Here the gavel fell.] of agriculture, the serious problems con­ Mr. McLAUGHLIN. Mr. Speaker, the fronting farmers, one of the most patri­ appointment of Mr. William M. Jeffers, EXTENSION OF REMARKS otic groups in America, and our war ef­ of Omaha, Nebr., to the extremely im­ Mr. MASON. Mr . . Speaker, I ask forts, will meet tomorrow for the purpose portant post of Federal Rubber Adminis­ unanimous consent to extend my re­ of giving serious consideration to the two trator will have the wholehearted ap­ marks in the RECORD and include therein price-fixing bills now being considered by proval of all who know Mr. Jeffers and are two short editorials on the problem that the Banking and Currency Committees of interested in the success of the rubber fac~s this House as a result of the report the House and Senate, for the sole pur­ program. William Jeffers is known as Bill of the Attorney General. _ pose of recommending to these commit­ in Nebraska where he was born and where The SPEAKER. Is there objection? tees and the Congress our views thereon. he has always lived. He is known as Bill There was no objection. Realizing that every group in this along the entire line of the Union Pacific country, except farmers, have repre­ Railroad from the Missouri River to the PERMISSION TO ADDRESS THE HOUSE sentation on the War Production Board Pacific Coast. He is as big and strong Mr. HINSHAW. Mr. Speaker, I ask or the agencies connected therewith, and blunt and direct as his name Bill unanimous consent that following any with many technical and expert advisers would indicate. He was Bill when, as a other special orders today I may address representing. these groups, we also ex­ boy 14 years old, he left school in his the House for 5 minutes. · pect to give serious consideration to the birthplace at North Platte, Nebr., and The SPEAKER. is there objection? proposal of the appointment by the Pres­ went to work as office boy and janitor for There was no objection. ident of a director or a board composed the Union Pacific Railroad, for which Mr. SCOTT. Mr. Speaker, I ask unani­ of men from the agricultural areas, in­ road . his father had started to wm;k as . mous consent that following any other terested in and experienced in the prob­ an Irish immigrant laborer and con­ special orders today I may address the lems of agriculture, to definitely repre­ tinued to work throughout his lifetime. House for 15 minutes. · sent farmers, their problems, proper dis­ Neither Bill nor his father ever worked The SPEAKER. Is there objection? tribution, shortage of labor, and proper for anyone but the Union Pacific, He There was no objection. adjustment of farm wages, all of which is 1942 CONGRESSIONAL RECORD-HOUSE .7181 very necessary if we are to have a suc­ of the House that most of us do not ment, oh, our Government, will you let cessful, well-balanced, and well-rounded know enough about District affairs. If our liberty and our freedom get away war program. there was an elected Delegate among us, from us? · [Here the gavel fell.] well informed as to local problems and Not by my vote. EXTENSION OF REMARKS devoting his entire time to furthering [Here the gavel fell.J District legislation, there is no doubt that PERMISSION TO ADDRESS THE HOUSE Mr. CAPOZZOLI. Mr. Speaker, I ask we would then be better able to fulfill unanimous consent to revise and extend our responsibilities. The work of this Mr. DIRKSEN. Mr. Speaker, after the my remarks and include therein an edi­ Delegate would also be of the greatest other special orders I ask unanimous con­ torial appearing in a newspaper in New assistance to the District Commissioners sent that I may proceed for 10 minutes York CitY. and to the House committees which con­ today. The SPEAKER. Is there objection? sider District legislation. The SPEAKER. I.s there objection? There was no objection. Under present wartime conditions There was no objection. Mr. PLAUCHE. Mr. Speaker, I ask there is a sharply increased need for the SILVER PURCHASE ACTS MUST BE RE­ unanimous consent to extend my own re­ work which a District Delegate can do in . PEALED-END THE .SILVER SCANDAL marks and include therein an editorial. improving local conditions. Washing­ Mr. CELLER. Mr. Speaker, I ask The SPEAKER. Is there objection? ton today is not merely a city of 800,000 unanimous consent to address the House There \vas no objection. people, it is more than our Nation's Capi­ for 1 minute and to revise and extend Mr. WASIELEWSKI. Mr. Speaker, I tal, it is the general headquarters for the my remarks. ask unanimous consent to extend my re­ United Nations. Whatever impedes the The SPEAKER. Is there objection? marks in the RECORD and include an efficiency of Washington impairs the war There was no objection. editorial from the Milwaukee Journal. effort; and whatever improves Washing­ Mr. CELLER. Mr. Speaker, I have The SPEAKER. Is there objection? ton conditions brings military success offered this day bills to repeal the Silver There was no objection. that much closer. Purchase Acts of 1934 and 1939. Mr. PADDOCK. Mr. Speaker, I ask We should, therefore, regard this pro­ We preduce in this country 70,000,000 . unanimous consent to extend my re­ posal to provide a new and important ounces annually. This is far more than marks and include an article from the element in District affairs as a contrib­ is necessary to meet the needs of defense Chicago Tribune. uting factor toward our victory. and normal industries. · By virtue of the The SPEAKER. Is there objection? [Here the· gavel fell.J Silver Purchase Acts, not an ounce of There was no objection. EXTENSION OF REMARKS this domestic production is available to UNSATISFACTORY GOVERNMENT OF THE Mr. McGREGOR. Mr. Speaker, I ask industry. It must be bought up by the DISTRICT. OF COLUMBIA unanimous consent to extend my remarks Government and buried. An enormous and include excerpts from a speech that hoard of silver now is hidden and stored Mr. PADDOCK. Mr. Speaker, I ask away at West Point on the Hudson, some unanimous consent to address the House I previously made on the floor of this House. 1,361,000,000 ounces. It is sorely needed for 1 minute and to revise and extend my by industries, yet cannot be touched. remarks. The SPEAKER. Is there-objection? There was no objection. Such burial is asinine and scandalous. The SPEAKER. Is there objection? It is the result of the machinations of There was no objection. TOTAL GOVERNMENT REGULATION SOON the formidable Silver States, notably Mr. PADDOCK. Mr. Speaker, there HERE Idaho, Montana, Utah, Arizona, Colo­ are three principal reasons why the pres­ Mr. RICH. Mr. Speaker, I ask unani­ rado, and Nevada. Some little silver is ent District of Columbia government is mous consent to address the. House for mined in California, New Mexico, and unsatisfactory: 1 minute and to revise and extend my Texas, but the deadly combine is as First- remarks. stated above. The conspirators have The existing organization bas been built The SPEAKER. Is there objection? gone so far as to cut off· foreign silver around an act adopted over 60 years ago and There was no objection. supply. To meet the dreadful need has obviously grown without plan or system; Mr. RICH. Mr. Speaker, Paul McNutt growing out of the war effort the War it is now unbelievably complex, confused, urges single control of manpower, pro­ Production Board has even gone so far illogical, and cumbersome. posing to Congress that the Government as to prohibit the use of imported silver This is the language of the Griffen- be vested with absolute authority over except by special authorization. Ex­ hagen report to Congress in 1939. · manpower distribution. treme restrictions are placed upon silver Second. The residents of the District Are we going to have a dictator over manufacturers as to the use of foreign do not vote. all labor? Why? I can tell you why, silver on their hands. They can only Third. Most Members of Congress, The Government is the greatest labor use a tiny portion and the balance will which is in effect a municipal council, pirate. It builds on cost plus. The more have to be disposed of as the War Pro­ are not sufficiently informed regarding the contractor pays, the more profits he duction Board demands. District affairs. has and the greater cost to Government. Jewelry manufacturers, silversmiths, I will restate these three objections The taxpayers have to·pay. The higher and fabricators of civilian articles are in this way: the wages paid, the faster the employees dire need of silver. They face the Flrst. The present form of government leave their regular jobs in industry and prospect of being forced out of business, is inefficient. on farms to get Government higher pay despite the fact that 1,361,000,000 ounces Second. The residents have· no legally jobs. On Government jobs the union are "free" but buried. elected representative to advocate desir­ gets them first. Men cannot work on We face the anomalous situation of able changes. Government jobs unless they join a starving in the midst of plenty. Third. Congress, with full legal au­ union. That costs $50 to $500 to the The entire question of silver must be thority to improve conditions, does not worker to join the union. That is un­ pushed out into the open. The war at present have sufficient information to American. Whose fault? Miss. Perkins effort demands it. There is acute need insure prompt action on greatly needed and the New Deal. for silver in the making of tanks, trucks, legislation. The labor turn-over is the fault of this guns, ships, bombs. The selfish owners H. R. 7339, providing for an elected Government more than any individual or of silver mines cannot block the war Delegate in the House of Representatives any business. Congress has done noth­ effort any longer. Silver is needed as a from the District of Columbia, should ing to correct it. The President is to substitute for tin in solder no longer ob­ correct objection 3, remove objection 2, blame with the body that stopped labor tainable from enemy Japan. Silver, in and pave the way toward eliminating ob­ legislation. The result will soon be every many instances, can be used as a sub­ jection 1. An elected Delegate will cer­ man and woman will be assigned a job stitute for copper and in electrical con­ tainly assist in obtaining a modern and and they will take it and like it. Free nections. efficient form of government for the Dis- America will soon be a memory. Blame This nonsense of blocking ·normal use trict. · it on war? What war? Regulation, of silver must cease; it is getting too My own interest in this problem comes ration, prices, wages. Then communism. serious. The closing up of the plants of largely from my knowledge as a Member Soon there. Liberty gone. Our Govern- silversmiths ~nd manufacturers will 7182 ·CONGRESSIONAL RECORD-HOUSE SEPTEMBER 17 mean the placing of thousands on un­ night Saturday to file a committee re­ The letter referred to follows: employed lists. port on the bill