4446 CONGRESSIONAL RECORD-SENATE APRIL lS By Mr. KEATING: Let Thy mercy be upon us; Thy truth · H. R. 1176. An act ·for the relief of Mr. and H, R. 4223. A ·bill for the relief of Michelina a light unto our feet; and so teach us to Mrs. Leroy Hann; Viavatene Alberti; to the Committee on the H. R. 1280. An act for the relief of Mrs. Judiciary. · number our days that we may apply our Judge E. Estes; By Mr. PHILLIPS of California: hearts unto wisdom, knowing full well H. R. 1286. An act for the relief of Eliza­ H. R. 4224. A bill for the relief of John Irvin then that we shall dwell in the house of beth Rowland; Clifford, Jr.; to the Committee on the Judici­ the Lord forever. We pray· in the spirit . H. R. 1755. An act · to authorize a $100 per ary. and in the name of Him whose life of -capita payment to members of the Red Lake love · and sacrifice made this week holy. Band of Chippewa Indians from the proceeds PETITIONS, ETC. Amen. of the sale of timber and lumber on the Red THE JOURNAL Lake Reservation; Under clause 1 of rule XXII, petitions H. R. 1959. An act for the relief of the and papers were laid on the Clerk's desk On request of M~. LucAs, and by unan­ county of Allegheny, Pa.; and ref erred as follows: imous consent, the reading of the Jour­ H. R. 1998. An act to amend the act en­ titled "An act to provide for the conveyance 564. By Mr. BOGGS of Delaware: Petition nal of the proceedings of Tuesday, April 12, 1949, was dispensed with. to Pinellas County, State of Florida, of cer­ of woman's Christian Temperance Union of tain public lands herein described," approved Sussex County, Del., containing 45 signa­ MESSAGE FROM THE HOUSE June 17, 1948 (Public Law 666, 80th Cong.), tures, in support of H. R. 2428, a bill to pro­ for the purpose of correcting a land descrip­ hibit the transportation in interstate com­ A message from the House of Repre­ sentatives, by Mr. Swanson. one of its tion therein; merce of advertisements of alcoholic bever­ H. R. 2708. An act for the relief of the legal ages, and for .other purposes; to the Com­ reading clerks, announced that the guardian of Joseph De Souza, Jr.; mittee on Interstate and Foreign Commerce. House had passed a joint resolution -72. An act for the relief of Sylvia· Michigan [Mr. VANDENBERG], the Sen­ Interstate and Foreign Commerce. M. Misetich; ator from Utah [Mr. THOMAS], the Sen­ 569. Also, memorial of the State of Colo­ H. R. 576. An act for the relief of Arthur rado, memorializing the Congress of the G. Robinson; ator from Wisconsin [Mr. WILEY], the United States to enact pending legislation H. R. 581. An act to confer jurisdiction Senator from Georgia [Mr. GEORGE], and for the amendment of the Social Security upon the District Court for the Territory of myself. Act to provide assistance to unemployables; Alaska to hear, determine, and render judg­ The PRESIDENT pro tempore. The to the Committee on Ways and Means. ment upon the claim, or claims, of Hilda Chair is advised by the Parliamentarian 570. By Mr. TOWE: Petition of 189 resi­ Links and E. J. Ohman, partners, and Fred that conference committees are not in­ dents of Teaneck and West Englewood, N. J., L. Kroesing, all of Anchorage, Alaska;; in H. R. 591. An act for the relief of Mrs. cluded the order of the Senate. urging the repeal of the 20-percent excise tax Mr. LUCAS. Mr. President, I ask on toilet goods; to the Committea on Ways Lucille Davidson; H. R. 592. An act for the relief of Ja~ :.es unanimous consent that the members of and Means. W. Keith; the conference referred to by the Senator H. R. 618. An act for the relief of Eugene from Texas be included. J. Bearman; The PRESIDENT pro tempore. Is H. R. 659. An act for the relief of Mrs. Eliz­ there objection? The-Chair hears none, SENATE abeth B. Murphy; H. R. 729. An act for the relief of John J. and it ts so ordered, and, without objec­ tion, the request of the Senator from WEDNESDAY, APRIL 13, 1949 ·o·Ne!l; H. R. 739. An act for the relief of Mary Texas regarding the members of the (Legislative day of Monday, April 11. Jane Harris; conference committee is granted. 1949) H. R. 745. An act for the relief of B. John Mr. CONNALLY~ Mr. President, I also Hanson; ask unanimous consent that following 12 H. R. 1036. An act for the relief of R. C. The Senate met at o'clock meridian, Owen, R. C. Owen, Jr., and Roy Owen; each roll call an announcement be car­ on the expiration of the recess. H. R. 1043. An act for the relief of Mrs. ~1ed in the RECORD to the effect that the Rev. R. Orman Roberts, D. D., pastor, Wesley Berk (formerly Mrs. Ruth Cameron); five Senators I have named, the mem­ Temple Methodist Church, San Fran­ H. R. 1061. An act for the relief of Bernice bers of the conference on the part of the cisco, Calif., offered the following prayer: Green; Senate, are excused from attendance in H. R. 1066. An act for the relief of James the Senate. Eternal God, we affirm our faith that Leon Keaton; The PRESIDENT pro tempore. With­ Thou art the Good Shepherd and we are H. R. 1094. An act for the relief of Nellie M. out objection, it is so ordered. the sheep of Thy pasture. In the early Clark; morning let the still dews of quietness H. R. 1113. An act for the relief· of James A. CALL OF THE ROLL Stapleton, Ruth Burk, and Mildred Ovren, be upon us. In the heat of the day give copartners, doing business under the name Mr. LUCAS. I suggest the absence of us the shadow of the rock. In the eve­ and style of Stapleton Lumber & Piling Co.; a quorum. ning time lead us beside still waters and H. R. U64. An act for the relief of the - The PRESIDENT pro tempore. The cause us to lie down in green pastures.· estate of H. M. Mccorvey; elerk will call the roll. 1949 ·coN-GRESSIONAL RECORD-SENATE 4447 The legislative clerk called the rolJ.,..and rand incorporate matters into the RECORD Whereas several nations have recently the following Senators answered to their may be permitted to do so, without prej­ adopted constitutional provisions to facili­ -names: tate their entry into a world federal govern­ udicing the parliamentary situation, and ment by auth9rizing a delegation to such a Aiken Hill Maybank without debate. world federal government of a portion of Anderson Hoey Mundt The PRESIDENT pro tempore. With­ Baldwin Holland Murray their sovereignty sufficient to endow it with Bridges Humphrey Myers out objection, it is so ordered. powers adequate to prevent war: Now, there­ Butler Hunt Neely EXECUTIVE COMMUNICATIONS, ETC. fore, be it Cain Ives O'Conor Resolved by the ·senate and House of the Capehart Jenner O'Mahoney The PRESIDENT pro tempore laid be­ State of Maine, That application is hereby Chapman Johnson, Tex. Pepper made to the Congress of the United States, Chavez Johnston, S. C. Reed _f ore the Senate the following letters, Connally Kefauver RObertson which· were referred as indicated: pursuant to article V of the Constitution of Cordon Kem Saltonstall the United States, to give serious considera­ Donnell Kerr Schoeppel :AMENDMENT OF NATIONAL BANK AND BRETI'ON tion to the calling of a convention for the Douglas Knowland Smith, Maine WOODS AGREEMENT ACTS sole purpose of proposing amendments to Eastland Langer Sparkman A letter from the Secretary of the Treasury, the Constitution which are appropriate to Ecton Lodge Taft Chairman of the National Advisory Council authorize the United States to negotiate Ferguson Long Taylor on International Monetary and Financial with other nations, subject to later ratifica­ Flanders Lucas Thye Fulbright McCarthy Tobey ,Problems, transmitting a draft of proposed tion, a constitution of a world federal gov­ Gillette McClellan Watkins legislation to amend the National Bank Act ernment, open to all nations, with limited Green McFarland Wherry ·and the Bretton Woods Agreements Act and powers adequate to assure peace, or amend­ Hayden McKellar Williams for other purposes (with an accompanying ments to the Constitution which are appro­ Hendrickson Malone Withers paper); to the Committee on Banking and priate to ·ratify any world constitution which Hickenlooper Martin Young Currency. is presented to the United States by the United Nations, by a world constitutional Mr. MYERS. I announce that the RELIEF OF CERTAIN AUTHORIZED CERTIFYING· OFFICERS convention or otherwise; and be it further Senator from Virginia [Mr. BYRD], the Resolved, That the secretary of the State of Senator from California [Mr. DOWNEY], A letter from the Acting Secretary of the Maine is hereby directed to transmit copies the Senator from Louisiana [Mr. ELLEN­ Treasury, transmitting a draft of proposed of the application to the Senate and the DER], the Senator from Colorado [Mr. legislation to authorize relief of authorized House of Representatives of the Congress, JOHNSON], the Senator from. West Vir­ certifying officers of terminated war agencies to the Members of the said Senate and House ginia [Mr. KILGORE], the Senator from in liquidation by the Treasury Department of Representatives from this State, and to (with an accompanying paper); to the Com­ the presiding officers of each of the legisla­ [Mr. MAGNUSON], the Sena­ mittee on the Judiciary. tor from Rhode Island [Mr. McGRATH], tures in the several States, requesting their PETITION cooperation. the Senator from Idaho [Mr. MILLER], House of represehtatives, read and adopted the Senator from Georgia [Mr. RUSSELL], Mr. BREWSTER presented the follow­ April 1, 1949. the Senator from Mississippi [Mr. STEN­ ing joint resolution of the Legislature of Sent up for concurrence. NIS], the Senator from Oklahoma [Mr. the State of Maine, which was ref erred HARVEY R. PEASE, THOMAS], and. the Senator from Mary­ to the Committee on the Judiciary: Clerk. land [Mr. TYDINGS] are detained on In senate chamber, April 4, 1949, read and Joint resolution regarding a constitutional adopted, in concurrence. official business in meetings of comr.ait­ convention of the United States or CHESTER T. WINSLOW, tees of the Senate. amendments to the constitution of the Secretary. Tqe Senator from Georgia [Mr. United States relating to strengthening GEORGE], and the Senator from Utah the United Nations and limited world fed­ BILLS AND JOINT RESOLUTION [Mr. THOMAS] are excused by leave of eral government INTRODUCED the Senate in order to attend meetings Memorial Bills and a joint resolution were in­ of the conference committee on S. 1209, To the honorable Senate and House of Rep­ troduced, read the first time, and, by to amend the Economic Corporation Act resentatives of the United States of unanimous consent, the second time, and of 1948. America -in Congress assembled: referred as follows: The Senator from Delaware [Mr. We, your memorialists, the Senate and By Mr. MARTIN: FREAR] is absent on official business. House of Representatives of the State of S. 1573. A bill for the relief of Anastacia The Senator from North Carolina [Mr. Maine in the ninety-fourth legislative session Roshani; to the Committee on the Judiciary. assembled, most respectfully present and pe­ By Mr KILGORE: GRAHAM] is absent because of illness. tition your honorable body as follows: The Senator from Nevada [Mr. S. 1574. A bill for the relief of Vanin. Ro­ Whereas war is now a threat to the very mildo; to the Committee on the Judiciary. McCARRAN] is absent by leave of the Sen­ existence of our civilization, because modern By Mr. TH01\1AS of Utah (by request) : ate on official business. science has produced weapons of war which S. 1575. A bill to amend title II of the The Senator from Connecticut [Mr. are overwhelmingly destructive and against Servicemen's Readjustment Act of 1944, to McMAHON] and the Senator from New which there is no sure defense; and make clear the authority of the Administra­ York [Mr. WAGNER] are necessarily Whereas the effective maintenance of world tor to negotiate rates of compensation for absent. peace is the proper concern and responsib111- training in certain institutions; to the Com­ Mr. SALTONSTALL. I announce that ty of every American citizen; and mittee on Labor and Public Welfare. the Senator from New Jersey [Mr. Whereas the people of the State of Maine, By Mr KERR (for himsel Mr. CHAVEZ, while now enjoying domestic peace and se­ Mr. ANDERSON, Mt. THOMAS of Okla­ SMITHJ is absent because of illness. curity under the laws of their local, State, homa, Mr. CONNALLY, Mr. JOHNSON The Senator from Maine [Mr. BREW­ and Federal Government, deeply desire the of Texas, Mr. McCLELLAN, Mr. FUL­ STER], the Senator from Ohio [Mr. guaranty of world peace; and BRIGHT, Mr. MILLIKIN, Mr. JOHNSON BRICKER], the Senator from South Da­ Whereas all history shows that peace is of Colorado, and Mr. SCHOEPPEL) : kota [Mr. GURNEY], the Senator from the product of law and order, and that law S. 1576. A bill to establish the United Colorado [Mr. Mit.LIKIN] and the Sena­ and order are the product of government; States Study Commission on the Arkansas­ tor from Oregon [Mr. MORSE] are de­ and White and Red River Basins; to the Com­ tained on official business. Whereas the United Nations, as presently mittee on Public Works. The Senator from Michigan CMr. constituted, although accomplishing great By Mr. GILLETTE: good in many fields, lacks authority to en­ S.1577. A bill to revive and reenact, as VANDENBERG] and the Senator from Wis­ amended, the act entitled "An act creating consin [Mr. WILEY] are excused by leave act, interpret or enforce world law, and un­ der its present charter is incapable of re­ the City of Clinton Bridge Commission and of the Senate in order to attend meet­ authorizing said commission and its succes­ straining any major nations which may foster sora to acquire by purchase or condemnation ings of the conference committee on the or foment war; and Economic Cooperation Act. and to construct, maintain, and operate a Whereas the Charter of the United Na­ bridge or bridges across the Mississippi River The PRESIDENT pro tempore. A tions expressly provides, in articles 108 and at or near Clinton, Iowa, and at or near quorum js present. 109, a procedure for reviewing and altering Fulton, Ill.," approved December 21, 1944; TRANSACTION OF ROUTINE BUSINESS the charter; and to the Committee on Public Works. Whereas many States have memorialized By Mr. TYDINGS: Mr. LUCAS. Mr. President, the Sen­ Congress, through resolutions by their State S. 1578. A bill to authorize the Secretary ate has reconvened following a recess, so legislatures or in referenda by their voters, of the Army to proceed with construction a.t I ask unanimous consent that Senators to initiate steps toward the creation of a stations of the Alaska Communication Sy$­ who desire to present routine business world federal government; and tem; to the Committee on Armed Services. XCV--281 4448 CO_NGRESSIONAL RECORD-SENATE APRIL 13 By Mr. MAYBANK: of April 10, 1949, which appears ln the I hope that before very long Senate S. J. Res. 77. Joint resolution to extend to Appendix.) Joint Resolution 2 will be up before the July 25, 1950, the time within which read­ COOPERATIVE RESEARCH PROGRAM IN Members of the Senate and that every justment allowances may be paid under sec­ tion 700 of title V of the Servicemen's Read­ THE FIELD OF STREAM POLLUTION­ single Senator will then have a chance to justment Act of 1944, as amended; to the STATEMENT BY SENATOR WILEY pass on the question. For this reason, I Committee on Labor and Public Welfare. [Mr. WILEY asked and obtained leave to ask unanimous consent that Professor Kallenbach's paper be printed in the body NATIONAL HOUSING PROGRAM­ have printed in the RECORD a statement pre­ pared by him entitled "A Cooperative Re­ of the RECORD at this point. I believe AMENDMENTS search Program in the Field of Stream Pollu­ the busy Senator who has only time to Mr. CAIN (for himself and Mr. tion" and an exchange of correspondence be­ read a few statements about this proposal BRICKER) submitted amendments in­ tween him and the Department of Agricul­ cannot do better than to read the paper tended to be proposed by them, jointly, ture, which appear in the Appendix.] of Professor Kallenbach.. I hope that to the bill

States which are more conservative in set- . timent on the various candidates.21 · There These conclusions will not ·stand up under ting voting qualifications. This plan thus would not be absolute assurance that the close analysis, however. Under the proposed obviates some of the major objections to the candidate with a plurality of the popular plan there will actually be no more incentive direct-vote idea, while . recognizing as a vote in the Nation at large would also have for a voter to waste his ballot on some can­ practical matter the principle of popular an electoral vote plurality; but the possi­ didate who has no chance of winning than election of the President. bility that the winning candidate would not there is at present. The contest will be be­ This proportional electoral vote idea is not also be the leading candidate in terms of tween the two leading candidates, as now. a. very recent one. It was first proposed 1n the total popular vote of the Nation would be Only one can· win. A vote for anyone other Congress just 100 years ago.24 It has been almost nil. The principle that it is the peo­ than. one of the very possible winners is still carefully studied by COI\gressional commit­ ple and not their representatives who elect a wasted vote so far as affecting the result tees and favorably reported on a number of the President would be recognized. All this is concerned. There is merely a shifting of times.26 It has a number of champions would be accomplished while preserving for the base from which the plurality rule op­ among both parties in Congress at present, the States their present freedom to regulate erates to determine who wins. Now it is the prominent among whom are Senators LODGE, suffrage qualifications in the way they deem winner of a popular plurality in a State who of Massachusetts, and KEFAUVER, of Tennes­ proper; and without disturbing the existing . wins the prize-all the State's electoral votes. see, and Representative GossETT, of Texas. distribution of electoral strength among the Under the proposed system the base is mere­ Amendment resolutions embracing it have several States. ly changed to the national electoral vote been introduced in both Houses during the What are the arguments that will be ad­ total. He who gets a plurality there wins the current session of Congress and are receiving vanced against it and what validity do they prize-the Presidency. The same considera­ committee consideration.26 It is very likely have? The first that will undoubtedly be tions which now induce voters not to waste to come to a vote during the life of the pres­ heard is that our present system has worked their votes on also-rans would still be op­ ent Congress, since it will almost certainly very well, so there is no need for change.28 erative. Elections would continue to ex­ receive favorable committee action again in For reasons that have already been stated hibit the characteristic phenomena of past both Houses as it did in the Eightieth Con­ above, it would appear that this is not an elections, with the great mass of the voters gress. argument that will bear close examination. a.lining themselves behind one or the other 30 EVALUATION OF THE PROPORTIONAL ELECTORAL We have had at least three major presidential of two major party candidates. VOTE IDEA election crises in our history; and we have One further observation should be made avoided others by the narrowest of margins. on this point. It should not be forgotten Because the Lodge-Kefauver-Gossett ·plan To those who say "Let well enough alone" that there are a large number of parties gives promise of serious consideration by the the answer is "Why wait until it rains again Congress it merits caref111 analysis at this which put forward candidates for the Presi­ before we mend the leaky roof?" dency even under the present system. No time. The points that ·can be advanced in its favor are numerous and weighty. It The second major objection which will un­ less than 11 different parties formally nomi­ would abolish the obsolete office of presiden­ doubtedly be advanced against the Lodge­ nated presidential candidates in 1948.31 tial elector and thus eliminate the difficulties Gossett plan is that it will result in a multi­ Three other parties endorsed candidates and dangers that lie in retention of this use­ plicity of minor parties and splinter parties, nominated by some one of these 11 parties:aa less mechanism. It would also abandon the all of which will put forward presidential Because of State laws regulating access to present majority electoral vote requirement tickets; that it will weaken the two-party the ballots, only eight of the groups which for determining the result of an election, system; and, in view of the substitution of nominated candidates succeeded in getting thereby eliminating the necessity for resort the plurality electoral-vote requirement for their candidates' names on the ballot in any to the present unsatisfactory method of re­ the present majority rule, that it will make considerable number of ·States. Under the solving the issue when a majority electoral election of minority Presidents . the rule Lodge-Gossett plan access to the ballot vote fails to materialize. Most of the evils rather than the exception. Superficially this would continue to be subject to State con­ attributed to the general ticket system of criticism seems to carry weight. It is based trol. It may be presumed that requirements choosing electors would either be avoided or on the assumption that voters of minority would continue to be applied which would mitigated in large degree. The infiuence of parties, being assured that their vote for present "lunatic fringe" groups which are the pivotal States and of marginal minority President will be surely refiected in the elec­ numerically insignificant and late-comer groups within those States on nominations, toral-vote totals, even though their num­ "sore-head" politicians and their faithfUl platforms and campaign strategy would be bers are infinitesimally small, will be more followers from unduly burdening the ballot diminished. There would no longer be rea­ inclined to stick with their favorites than with the names of their candidates. son for apathy and failure to participate ·in they would under the present system. Mi­ One final charge levied against the Lodge­ presidential elections in the so-called "sure" nor parties and splinter groups, the argu­ Gossett plan is that, by embracing the idea States. The electoral vote results of a par­ ment continues, will find it less burdensome of proportional representation, it will give ticular State would accurately refiect polit­ to place presidential tickets on the ballot, impetus to the movement to adopt that ical sentiment within that State; the na­ since there will be no need to line up an system in the choosing of National, State, tional electoral vote totals would be a more electoral slate beforehand. The presenta­ and local legislative bodies. It ·has even accurate refiection of national political sen- tion of many presidential tickets will cause been suggested that a logical implication is a wider dispersion of the popular vote, it is that a national 'plural executive should be 24 Representative Lawrence, of New York, claimed, thus producing a winner who has a established.33 This charge is wholly un­ introduced an amendment proposal for a pro­ plurality which may constitute only a rela­ founded. It is based on a misconception of portional distribution of the electoral vote tively small proportion of the total vote.29 the "P. R." aspect of the proposed plan. in 1848. Ames, op. cit., pp. 95 ff. Proportional representation in the usual 27 An indication of the working of the plan 2G See H. Rept. 2439, 52d Cong., 2d sess. sense of the term has reference to a system (1893); H. Rept. 2194, 72d Cong., 2d sess. on the basis of the 1948 election results is (1933); H. Rept. 262, 73d Cong., 1st sess. shown in the following figures: questions the soundness of the Lodge-Gos­ (1933); H. Rept. 1615, 80th Cong., 2d sess. sett plan on a number of other counts also. ~ Cl Cl Oil ~ He advocates reform along the line of re­ (1948); S. Rept. 1230, 80th Cong., 2d sess. '3 ~~~ ....=I quiring electors (who would still be retained) 0 11~ ~~ 26 S. J. Res. 2, which is sponsored by Sena­ ~t> M~ to be elected by single member districts, re­ ~2l ~ ~~ aJ 'd 00 ~:: ~ca taining the majority electoral vote rule as tors LODGE, of Massachusetts; SMITH of New >=I~ ~ ... .§c; ~t> 0 § ~§ Jersey; MORSE, of Oregon; and FLANDERS, of Cl ...... £ at present and submitting inconclusive elec­ a;b ~ <:..> >< "' Vermont, all Republicans; and McCARRAN, of ::SaJ ::Se> 8 .... ~g ~ .& ~ tions to decision by a joint session of Con­ ~ t)Q1 bO §:Up, ~~'ii gress in which Senators and Representatives Nevada; FULBRIGHT, of Arkansas; HOEY, of P-c -oj P-c North Carolina; SPARKMAN, of Alabama; < < would vote individually. STENNIS, of Mississippi; NEELY, of West Vir­ ------3°Cf; the statement by Senator LODGE in Truman ______49.5 303 57.1 258.1 48. 6 ginia; and KEFAUVER, of Tennessee, all Dem­ Dewey ______45.1 189 35.6 221. 5 41. 7 answer to a number of questions regarding ocrats, is the vehicle for this plan in the T hurmond ____ 2.4 39 7.3 38.8 7.1 the effect of the proposed amendment pro­ Wallace ______2.4 0 10.0 pounded by Senator FERGUSON, of Michigan, Senate. Hearings on it by a subcommittee Others ______0 1. 9 of the Senate Judiciary Committee were con­ .6 0 0 2.6 . 7 CONGRESSIONAL RECORD, 81st Cong., 1st sess .• ducted on March 9, 1949. Identical resolu­ p. 2891. tions introduced in the House are H. J. Res. It should be noted that, had the new plan 31 These parties were the Democratic, Re­ 2, by Representative GossET!', of Texas; H. J. actually been in operation in 1948, the popu­ publican, Progressive, States Rights Demo­ Res. 10, by CANNON, of Missouri; H. J. Res. lar vote totals would probably have varied cratic, Socialist, Socialist Labor, Socialist 11, by CELLER, of New York; H.J. Res. 82, by.' somewhat from that actually cast for the re­ Workers, Prohibition, Vegetarian, Green­ PRIEST, of Tennessee; H.J. :i;tes. 121, by BOGGS spective candidates. back, and National Christian Crusade Parties. of Louisiana, all Democrats; and H. J. Res. 28 President Truman was reported recently 32 The American Labor Party endorsed the 51, by DAVIS of Wisconsin, and H. J. Res. 81, to have expressed this view on the subject. Progressive candidates; the Liberal Party en­ by JOHNSON of California, both Republicans. New York Times, January 20, 1949, pp. 1, 4. dorsed the Democratic candidates; and the The House Judiciary Committee favorably 29 Cf. Wilmerding, Lucius, Jr., Reform of the Communist Party endorsed the Progressjve report ed H. J. Res. 2 to the House on April Electoral System, Political Science Quarterly, candidates. 7, 1949. vol. 54 (March 1949), p. 21. This author 33 Wilmerding, op. cit., p. 6. 1949 CONGRESSIONAL RECORD-SENATE 4453 ~f voting for ~embers of a deliberative body .a large proportion of the sacrifices they peoples and nations who once were free. or some other similar group of individuals. made been diverted into war prepara­ The instruments of subversion and con­ Its purpose is to secure a fairly representa­ tive group in terms of the constitu_ency to be tions and armament instead. of into cap­ quest are clear to all men. A specious served. The "P. R." of the Lodge-Gossett ital investment. This diversion into philosophy lulls that large group pos­ plan has no relation.ship to this idea or pur­ armament was of course an inescapable sessed of certain elements of intelli­ pose. The proportional division of the elec­ necessity during tlre period of the Ger­ gence, but lacking in common sense and . toral vot es of a State is only a device for man invasion. It is no longer a neces­ judgment. Behind this veil of shimmer­ transmuting the popular votes in that State sity, nor has it been since that invasion ing pink, the disaffected and the lawless into a common political coin for counting was stopped and the active fighting of are organized and armed. Planned con­ purposes. The end sought is determination World War II was ended. fusion is introduced into the national of the will of the American people as to the one man they wish to ·occupy the office of It is my purpose to draw the distinc­ economy and the national councils. President for the next 4 years. There is tion between a predatory totalitarian Confusion grows. Lies, cruelty, and vio~ no more the aspect of a "P. R." voting sys­ government and an exploited and de­ lence are the means carefully rational­ tem in this than there is tn the awarding of ceived peopl(;!. If we can make this dis­ ized -into the official Soviet philosophy. the _governorship of Michigan to the indi· tinction, and particularly, if we can use When the time is ripe, the armed under­ ~ vidual who gets the most popular votes 1n a it as a basis of policy, I am thoroughly world breaks out; the intellectuals are State-wide election, with the popular votes convinced that it will have a highly bene­ liquidated; having served their purpose; first being officially canvassed by counties. and communism is established by the It is to be hoped, therefore, that the move­ ficial effect in ameliorating the world's ment for reform of the present system of woes and our Nation's heavy burden. violent minority over the vanquished choosing the President a.long the lines pro­ The Atlantic Pact is the latest and majority. posed in the Lodge-Gossett plan will bear most serious evidence of the fix in which We have seen the beginning of this in fruit in the near future. There is little we find ourselves so far as our foreign our own land. We have watched the doubt that the Nation ls ready for this re­ relations are concerned. It is a part of growing group of befuddled intellectuals form. A popular opinion poll conducted in a ponderous and blirdensome defensive finally organized into a national party, the fall of 1948 by the American Institute action into which we have been forced stepping bravely forth in a pink mist of Public Opinion showed that 58 percent of toward a destination which was merci­ the American public favored changing the by the attitude which the Russian Gov­ method of electing the President so that each ernment has taken. It is by no means fully hidden from most of them- We candidate would receive the same propor­ the only defensive action. The unex­ have seen more than one labor organiza­ tion of the electoral vote of each State that pected expansion of our military pro­ tion betrayed by its communistic leader­ he receives in the popular vote. Only 15 per­ gram, the Marshall plan, and the coming ship from its true function of serving cent favored maintaining the present sys­ rearmament program, which is the logi­ the best interests of its membership to tem, while 2.7 percent had no opinion.at cal· counterpart of the Atlantic Pact, are traitorous action as the instrument of a Even after one makes the due allowance for all projects into which we have been hostile pew er. error in such polls which recent experience As we watch this destructive force roll­ dictates should be made, the conclusion forced by the active political, and threat­ seems warranted that all that is needed to ened military, offensive of the Russian ing over the earth, erasing from its sur­ accomplish the reform is action by those who Government. face human values and human beings, have the power to act. Here. is a matter in Military expenditure above a small, we are filled with the deepest emotions of . which by an act of prudent foresight, we can basic organization and larger research horror and fear. Like the ancient He­ ·put our political house in order. By taking brew prophet, we are minded to cry, the appropriate steps now, in due season, v:e undertakings is pure economic waste in "How long, O Lord, ·how long?" can avoid the political crisis which is certam time of peace, yet 4 years after the war's Mr. President, feeling in myself, as I to come, sooner or later, if we continue to end we are faced with a $15,000,000,000 do, this deep emotional reaction to com­ rely on our present defective electoral military budget. In addition we have a munism, I am yet so presumptious as to system. $6,000,000,000 proposed expenditure for hope that there may be, and that I may NECESSITY FOR TAKING POLITICAL OF­ the Marshall plan which is in large part help to find, some strategic point .of · FENSIVE AGAINST THE KREMLIN required by our relationships with Rus­ attack in this confused and universal sia. Then we have coming Atlantic Pact tragedy. In making this endeavor for Mr. FLANDERS. Mr. President, the rearmament expenditures of an unknown newspapers of Sunday. March 20, had a myself, Mr. President, may I make the amount, though a first appropriation of bold suggestion that communism may news notice to the effect that Mrs. MAR­ $1,200,000,000 has been suggested. These GARET CHASE SMITH, the junior Senator not be the immediate focal point of our all add up to twenty-two-odd billion, problem. Is there not something else from Maine, and I had been listed as from eighteen to twenty billion of which new additions to the group of war­ which has been happening to the nations must be charged directly to the defensive of the world in which we ourselves have mongers. This was the news from Mos­ action into which Russia's offensive has cow. So far as concerns being completely a strong national interest? forced us. This is the price we are paying Is there not a new preda.tory power hostile to the present Russian Govern­ for a defensive part in a cold war. ment and having no faith whatever in loose in the world? It has swallowed The questions we must ask ourselves up country after country. It sets no its expectation of, or desire ·for peace, I are these: Must we for ever have our · accept the designation as the highest limits to its ambitions. That power has policy determined by a foreign power? been moving rapidly toward a world honor which it is within the power of Is there no way in which we can take that government to grant. However, I dominance so complete that, were we not the offensive, so that we become the de­ conquered ourselves, we. would yet find completely deny hostility to the Russian termining force in our relations, instead people, and I am sure that the junior ourselves beleaguered within our bound­ of being anxiously dependeht on the aries and permitted to travel over and Senator from Maine joins me in this moves of an adversary? Mr. President, -statement. trade with the rest of the world only on I firmly believe we can shift our atti­ conditions set by a power stronger than It is indeed the government in Russia tUde from minus to plus, from retreat to our own. and not its people who have arrayed advance, from a slow drift toward defeat The ambitions and progress of Stalin themselves against the rest of the world. back to definite victory. This can be and the Politburo curiously resemble The people of that unhappy country are achieved by inaugurating a political of­ those of Hitler. The fuehrer, first as a the victims of the policies of their gov­ fensive from our side of the cold war. national hero, recovered the Rhineland. ernment. For years they have been com­ We must first ask ourselves against Then, as a conqueror, he annexed Austria. pelled to undergo the sacrifice of living at what Portion of the adversary's program . Next, as an insatiable imperialist, he in­ a bare minimum of subsistence with the that offensive should be directed. The vaded and conquered Czechoslovakia. promise that by so doing an earlier and first thought that will come into the Finally, as an international gangster, he greater improvement in their physical minds of everyone is that it should be seized and divided Poland with a rival conditions would be obtained. This directed against the doctrines and prac­ gangster. would have been possible had not such tices of communism. The rival gangsters, meanwhile, had a4 National Municipal Review, vol. 37 (Octo­ Mr. President, we watch with loathing pounced on tiny but brave Finland, and ber 1948), pp. 511- 512. and fear the spread of communism over suffered many a black eye and broken 4454 CONGRESSIONAL RECORD-SENATE APRIL 13 nose before they had robbed it of what choose remains. It must be recognized Lithuania, Poland, the Balkans, Hungary, they wanted. Besides its half of Poland, and clearly stated. and Czechoslovakia. Such a list of con­ the eastern gang snuffed out the short­ It is as a tool of conquest that we quests is unprecedented in all the years lived liberties of Latvia, Estonia, and should oppose communism outside of since the campaigns of Napoleon. And Lithuania. . our own country; and we oppose it be­ all of this has been happening at a time What is there to choose between Hitler cause we oppose. the course of limitless when the United States has released the and the Politburo in those events lead­ predatory imperialism on which Russia Philippines and Great Britain has with­ ing to the Second World War? When is embarked. drawn its government from the control the two gangs, in true gangster fashion, That sheer conquest was the motivat­ of India and Burma. The Western na­ fell out with each other, we supported ing purpose became clear in the sight tions move toward liberty. · Russia ad­ the Russian people in their heroic de­ of the world when Marshal Tito, a Com­ vances on the path of totalitarian con­ fense of their soil. Against this defense, munist, declared his intention of pre­ quest. She fills the world with fear. Hitler beat out his paranoiac brains. serving the independence of Yugoslavia. Against such a ravening wolf among The Russian people had and have our Whether the revolt was real or, as some the nations of the world the world must admiration. We look forward to the have believed, feigned, it nevertheless arm itself. It arms itself in defense, time when their native virtues shall break brought from the Politburo a clear, defi­ not encirclement. The government the bonds of mental and moral regimen­ nite statement that such independence against which we arm ourselves is not tation and they shall stand erect among is not permitted. Communist countries only our enemy, but it is also as much the free peoples of the earth. have as truly lost national freedom as the enemy of the Russian people. To The prewar parallel of Hitler and the the individual Communist has lost per­ support its policy of unremitting con­ Politburo is truly convincing. What sonal freedom of thought and action. quest Russia must keep itself continu­ about postw3ir history? Does the Rus­ Another result of our recognizing world ously in a state of military effectiveness. sian story run true to the establis:Q.ed conquest as the threat against which we It must spend a large proportion of the predatory pattern? It does. Her rec­ must arm ourselves should be to give a nation's wealth on its military establish­ ord since the war is a continuation of new direction, a new frankness, a new ment instead of producing the food, the her prewar course, but more deftly force, and a new brevity to our debates clothing, the shelter and the satisfactions planned and executed as she has gained with the Soviet spokesmen in the United of life which might otherwise come to as experience with her new subversive Nations. They stand there self-con­ industrious and sturdy a people as the weapon, which is communism. The e;ov­ victed and they should be so treated. inhabitants of that unhappy country, ernments of the Balkan states, of Po­ The most important thing and the one We are all on the side of the Russian land, of Hungary, and finally of Czecho­ to which I would particularly draw the people. We want to help them. But we slovakia, have fallen into her hands, attention of this body is that our re­ cannot help them so long as the govern­ more and more unwillingly as outrage lations with the Russian people will be­ ment of which they are subjects reveals succeeded outrage. The increasing skill come more clear. To the extent that we itself as a conquering power with in­ with which the weapon of communism can reach them we can assure them that satiable ambitions. was used more than matched that in­ we have no intention of fighting com­ This is all very well, but it may prop­ creasing unwillingness. munism in Russia. The Western World erly be asked how we are to get in touch This follows the Hitler progrBtm, but is not encircling communism as such. with the Russ1an people and by what with a difference. Hitler's nazism was It is determined to restrain a Communist means we can wage this political offen­ a nonexportable commodity. It was at­ Soviet government which, beginning with sive. There are a number of ways in tractive only to the German mentality. an unprovoked attack ori little Finland, which we can do this, some of them pres­ Elsewhere it aroused fear and disgust. has followed a consistent course of out­ ently available, others available in the It is different with Stalin's communism. rageous conquest up to the present mo­ near future, and still others which reach We know only too well that it is at­ ment. Against such monumental brig­ to the farthest bounds of our native re­ tractive to the soft-minded intellectual, andage the world perforce must arm it­ sources of inventive imagination. hopefully regarded by the unfortunate, self. When Russia ceases her brigand­ The Voice of America, with its mes­ and avidly grasped by the underworld. age and frees the lands she has enslaved the world can disarm, for it has no other sages revised to fit this political offen­ Nazism was a poor weapon of world con­ sive, becomes the first means. To a quest. Communism is ideally adapted enemy. Then the Russian people can devote themselves, with our aid, to that small percentage· of the Russian people to this purpose. It operates secretly the messages can carry this story of the when such action is most effective. It better material and spiritual life which the resources of their country and the way-in which Russian policy affects the weakens society at every level, from the rest of the world and makes necessary a gang "hide-out" to the university chair. industry of its people can so easily sup­ ply. serious preparation for war which would When it breaks out in open violence, it otherwise be unnecessary. The Voice of springs from concealed sources upon the As it is, we have left no possibility of very vital nerve centers of the govern­ opening up a door of understanding and America can carry the message that the ment and the people it has set itself .to hope in the wall which separates us from world is afraid of Russia. It can show conquer. Nazism was insane. Com­ the Russian people. Every step we have plainly why it is and must be afraid. It munism is devilishly intelligent and ef- taken and will take substantiates the can show why it must arm against the fective. · fears with which they have been in­ threat which Russia presents. It can If communism is, then, so dangerous doctrinated. Unless we can alter the show that there is no other reason what­ and effective, why is not it the enemy? course of our policy toward an effective soever for arming, and that if their coun­ Why is not this an ideological war? Why and friendly political approach to these try will pursue the policies which Great not fight it as such? Mr. President, there people, it will become clear that we and Britain and the United States have pur­ is, I believe, more than one reason why their government have constructed a sued since the war in releasiilg their we would make a mistake in so doing. slide which leads toward war. Without control of subject nations, then the bur­ In the first place, we would fall fiat action to the contrary the North Atlantic den of war and preparation for war can into the trap set by Russian propaganda. Pact and the new lend-lease may only be lifted from the backs of the inhabi­ From the days of Karl Marx on, it has grease that slide. tants of the aggressor nation. been orthodox doctrine that the capital­ Let us become more specific and see Among the other means now available, ist world will endeavor by force to de­ what is involved in opening a vigorous or soon to be available, is propaganda stroy communism. The faithful are told political offensive. The first thing we by way of guided missiles and remotely that the two cannot live in the world want to decide is this: What word do we controlled planes, which are essentially together. We must make it plain, on the want to get to the Russian people? the same thing. It is only a sluggish other hand, that we recognize the right We can put plainly and simply in their and uncreative imagination which sup­ of a free people to freely choose com­ own language the way Russia looks to the poses that these devices can be used for munism if they so desire. The fact that rest of the world. We can describe the war only and not for peace. Their first they have never so chosen--except as way in which our fears have grown as use should be to rain down from the Russia itself is the dubious exception--is we have seen the Russian Government heavens pamphlets and handbills onto aside from the point. The right to so conquer in turn Finland, Estonia, Latvia, the Russian citizens so that those living· 1949 CONGRESSIONAL RECORD-SENATE 4455 · in Russia may· be this means learn why Mr. President, 'this discourse would be Senator believe that the absence of a it is that the rest of the world fears our of order in a legislative body with quorum should_ be suggested, because of Russia and arms against it. less freed om of speech than we are ac­ the importance of this nomination? I A little m"Ore thought, a little more of customed to. It is not directed toward am a member of the committee, and I that same ingenuity which devised the immediate pending legislation, for I am know that the committee reported the automatic training mechanism for anti­ not clear at this moment as to just what nomination unanimously. I merely ask aircraft guns and the propinquity fuze farm enabling legislation should take. the Senator for his opinion on the ques­ can devise means of spreading a heaven­ It is, for the present, simply a collection tion. ly broadcast over the great plains of of highly important ideas. Mr. TYDINGS. Mr. President, if I eastern Europe. Captive balloons re­ Early in my membership of this body were to ·use my occult powers I am sure leased from planes or by other means can I was told by one of the experienced re­ that if there were present the fuli mem­ support broadcasting mechanism on local porters in the seats above the platform bership of the Senate there would be·no wavelengths or even loudspeaker mecha­ on which you, Mr. Presi9ent, are seated objection to the confirmation . of the nisms connected with phonograph rec­ that there were only two things that nomination of Mr. Early. Because the ords. make news. They are, sometimes, a new defense· establishment has been com­ We must turn the fertility of imagi­ and interesting bill and, always, a :fight. pletely met~morphosed in the past 2 · nation and the scientific knowledge Ideas do not make news. weeks by the retirement of personnel, I which envisions such projects to im­ Yet it seems to me imperative that think it is in the Nation's interest to re­ mediately useful ends. Is there any rea­ in some way these ideas must make news. staff it at the earliest possible moment. S()n, Mr. President, why war alone should The question I am raising is as to I ask the consent of the temporary leader stimulate so effectively the scientific whether I am justified in voting against on the minority side that this nomina­ engineering and inventive mind? Should the Atlantic Pact, in which I believe, to tion be confirmed, as in executive ses- not the possibility of living at peace with register my profound conviction that the . sion, and the President notified. a nation which constitutes the world's Atlantic Pact· does not, by itself or even Mr. SALTONSTALL. Mr. President, sole threat stimulate to an even more when implemented with armed assist­ reserving the right to object, I know of rapid pace the ingenuity, the inventive­ ance, lead toward peace, and that it is no objection on this side of the aisle. If ness, the skill, and the experience which foolish and dangerous for us to continue the Senator thinks it is not necessary to are so L, asily aroused and organized for in this purely defensive and incidentally suggest the absence of a quorum, I shall purposes of destruction? expensive posture of defense. What we not do so. There is no doubt in my mind, Mr. are doing is so inadequate and so ter­ Mr. TYDINGS. I thank the Senator. President, that the creative spirit of rifically costly as compared with the re­ The PRESIDING OFFICER. Without America can direct itself toward these sult being achieved by our adversary that objection, the nomination is confirmed; peaceful ends as it has toward those of any contribution made toward revers­ and, without objection, the President war and destruction. · There is needed ing the situation should be brought will be notified. only a vision of the depth of necessity forcefully to the attention of everyone. F.STABLISHMENT OF JOINT LONG-RANGE which envelops us. It is due to the strength of the con­ PROVING GROUND FOR GUIDED MIS­ Let us now move from imagination to victions which I heve just expressed that SILES practical problems. We have achieved I say at this time it is entirely conceiv­ The PRESIDING OFFICER (Mr. CAIN the means. We get our message across able that I shall find myself voting in the chair) laid before the Senate a to the Russian people. What do we hope against the Atlantic Pact unless there is message from the House of Representa­ to accomplish thereby? What can we ac­ some strong evidence of a change in tives announcing its disagreement to the complish? It must be admitted that we attitude and policy on the part of this amendments of the Senate to the bill may have little expectation that the Nation in the direction of a strong po­ (H. R. -1741) to authorize the establish­ Russian people will rise against those litical offensive which is fundamentally ment of a joint long-range proving who have mistaught and misguided friendly to the people of Russia. ground for guided missiles, and for other them, yet that possibility must not be Furthermore, I feel strongly enough purposes, and requesting a conference dismissed. It is not at all clear in our about this matter to hope that there with the Senate on the disagreeing votes minds that the great majority of the may be other Senators who will join me of the two Houses thereon. people of all races are completely sold in this reluctant enterprise. Mr. TYDINGS. I move that the Sen­ on the Communist idea and submit CONFIRMATION OF NOMINATIONS IN ate insist upon its amendments, agree to themselves willingly to Politburo tyr­ ARMY, NAVY, AND Am FORCE the request of the House for a confer­ anny. What is possible is this: That ence, and that the Chair appoint the there can be a growing distrust. Their Mr. TYDINGS. Mr. President, I send to the desk numerous routine nomina­ conferees on the part of the Senate. morale as slaves of the Politburo can The motion was agreed to; and the be lowered. The difficulties of the Polit­ tions in the Army, Navy; and Air Force, and ask unanimous consent, as in exec­ Presiding Officer appointed Mr. TYDINGS, buro can be multiplied. By the grim ne­ Mr. BYRD, Mr. CHAPMAN, Mr. GURNEY, cessity for survival that group of gang­ utive session, that these nominations be confirmed and the President be im­ and Mr. SALTONSTALL conferees on the sters may conceivably ·.be led to divert part of the Senate. their efforts away from conquest, to mediately notified. They are reported serving the interests of the Russian peo­ from the committee unanimously. There MESSAGE FROM THE HOUSE ple whose fortunes lie in their hands. was no objection filed with the commit­ A message from the House of liepre­ tee, or at any other place, so far as I sentatives, by Mr. Swanson, one of its In any event, we can shift from our know; as to any of these nominations. present defensive in which we spend reading clerks, announced that the billions of dollars to counteract troubles The PRESIDING OFFICER (Mr. CAIN House had agreed to the amendments of which cost our adversaries mere millions in the chair). Without objection, as in the Senate to the joint resolution CH. J. of dollars. Instead of that, we can be executive session, tlre nominations are . Res. 160) to authorize completion of the the trouble makers in this contest. We confirmed; and, without objection, the processing of the visa cases, and admis­ can disturb the abject obedience ,of the President will be immediately notified. sion into the United States, of certain victims of the Politburo. We can com ... UNDER SECRETARY OF DEFENSE alien fianc~es and fiancees of members, pel that body to change its purposes and Mr. TYDINGS. Mr. President, I send or .of farmer members, of the armed. reorient its policies. forces of the United States, as was pro­ to the desk the nomination of Mr. Ste­ vided in the so-called GI Fiancees Act We can do all this by means which phen T. Early, of Vfrginia, to be Under (60 Stat. 339), as amended. lower the prestige of Russia.in the world Secretary of Defense, with the unani­ at large and heighten our own. Instead mous recommendation of the Committee FIRST DEFICIENCY APPROPRIATIONS, of 'being the victims of the cold war, we on Armed Services that the nomination 1949 can become the victors, and the continu·­ be confirmed and the President be no- The Senate resumed the consideration ing cost of that war will in the process tified. . of the bill o, in the Ashwander case, as I read it, also I say resulting from the fact that abundant power available, which must other­ the Court bases its decision sustaining under the power of the Congress with wise be wasted, the supply to the communi­ the validity of the acquisition of the dam, respect to national defense we have a ties and enterprises whose very life might and therefore the validity of the pro- right to conserve that defense. be at stake must be limited to the slender 1949 CONGRESSIONAL RECORD-SENATE 4467 amount of surplus unavoidably involved in basis on which it may exert legislative Then, Mr. President (Mr. SPARKMAN in the operation of the navigation works, be­ action, as, for illustration, under the the chair) , in the legal tender case, 12 cause the Constitution does not permit any more energy to be generated and dis­ commerce clause, or, as a further illus­ Wallace 457, in 1870, the Court said this: tributed? tration, under the preservation of na­ Indeed the whole history of the Govern­ tional defense, preparation for war, or ment and of congressional legislation has After some further statement, the preparation for the Army or Navy­ exhibited the use of a very wide discretion, Court says: once it has the general field within its even in times of peace and in the absence The decisions which petitioners cite give power, the courts have held uniformly, I of any trying emergency, in the selection of no support to their contention. the necessary and proper means to carry into think, that the reasonable discretion of effect the great objects for which the Govern­ Congress will not be interfered with by ment was framed, and this discretion has Madam President, I submit that the any court. Indeed, it is difficult to think Government is entitled SO · to utilize the generally been unquestioned, or, 1f ques­ dams and the plants-steam plants, hy­ of a case in which the Court, under the tioned, sanctioned by this Court. circumstances which I have just describ­ droelectric plants, or whatever they may ed, would hold the exercise of discretion The Court then proceeded to illustrate be-as not to permit the investment in by the Congress to have been an abuse the meaning. them to be a waste, which in part it of discretion. Mr. President, I submit that the Con­ would be if the project could be used gress has a very broad discretion in de­ only a portion of the year. Therefore it Mr. Chief Justice Marshall, in . Mc­ Culloch v. Maryland, decided in 1819 <4 termining the appropriate means to be is within the power of the Government, used in respect to matters coming within just as in the cases indicated by the su­ Wheat. 316), said this: But we think the sound construction of its jurisdiction. preme Court, to prevent such waste, the A little while ago I referred to a former prevention to be brought about by the the Constitution must allow to the National Legislature that discretion, with respect to distinguished colleague of ours, the erection of a steam plant which can the means by which the powers it confers former distinguished Senator Cooper, of function in that part of the year in are to be carried into execution, which will Kentucky. I observe at page 8253 of the which the hydroelectric plant cannot enable that body to perform the high duties CONGRESSIONAL RECORD, volume 94, part 7, produce adequate power. assigned to it, in the manner most bene­ the following observation by Senator It is not necessary, as I see it, to leave ficial to the people. Let the end be legiti­ Cooper. He was referring to a previous the hydroelectric plants unsupplement­ mate, let it be within the scope of the Constitution, and all means which are ap­ question which he had presented to the ed. No businessman, whether Mr. Wen­ distinguished Senator from Connecticut dell Willkie, who has been referred to propriate, which are plainly adapted to that end, which are not prohibited, but consist [Mr. BALDWIN], and at that point Sen­ here today, or anyone else, would con­ with the letter and spirit of the Constitution, ator Cooper said: · sider it sound judgment to permit an in­ are constitutional. vestment of millions of dollars in a hy­ I again suomit that the distinguished :::ien­ In the same case Chief Justice Marshall ator has not answered my question. The droelectric plant to lie idle and wasteful point I am making is this: The courts and and useless during a portion of the year, said: the Congress have said that money can be when an additional amount could be ju­ But where the law is not prohibited, but appropriated to build dams and that there diciously invested by -the Government, is really calculated to effect any Of the ob­ is authority to dispose of the power developed which would make the entire enterprise jects entrusted to the Government, to under­ at the dams. If there is the right to dispose productive of power throughout the year. take here to inquire into the degree of its of the power, there is authority to do so effi­ In my judgment, the Supreme Court necessity, would be to pass the line which ciently, and of electric energy developed of the United States, in the Ashwander circumscribes the judicial department, and · there, it follows that we should appropriate to tread on legislative ground. This Court sufficient money to build such steam plants case, clearly illustrates the thought disclaims all pretentions to such a power. as will enable the Tennessee Valley Authority which I have in mind. This case involved to efficiently dispose of the power. There the sale of certain transmission lines by In Juilliard v. Greenman <110 U. S., is a distinction between my point and the the power company to the Tennessee 421), Mr. Justice Gray, speaking for the statement of the Senator from Connecticut Valley Authority. The Court stated, at Court, referring to that portion of the a few minutes ago. Constitution, which as the Chair will page ·339: Mr. President, I take it that it is un­ The transmission lines which the Author­ recall, gives the Congress the power · to ity undertakes to purchase from the power make all laws which shall be necessary controvertible that Congress does have company lead from the Wilson Dam to a and proper for carrying into execution the power to handle efficiently and eco­ large area within about 50 miles of the dam. the powers previously mentioned, said: nomically property which comes into These lines provide the means of distributing By the settled construction and the only its ownership by virtue of an express the electric energy, generated at the dam, to reasonable interpretation of this clause, the power or as an incident to the exercise of a large population. They furnish a method words "necessary and proper" are not lim­ any of its powers. of reaching a market. The alternative meth­ ited to such measures as are absolutely and od is to sell the surplus energy at the dam, I assure the Chair that I am coming indispensably necessary, without which the reasonably near to the conclusion of and the market there appears to be limited powers granted must fail o{ execution; but to one purchaser, the Alabama Power Co., they include a,11 appropriate means which my remarks, and I am about to come and its affiliated interests. We know of no are conducive or adapted to the end to be to the point as to whether there is prop­ constitutional ground upon which the Fed­ accomplished, and which in the judgment erty which comes into the possession of eral Government can be denied the right to of Congress will most advantageously effect the Government from the operation of seek a wider market. We suppose that in it. the early days of mining in the West, if the the Tennessee Valley Authority. Government had undertaken to operate a sil­ In the case of United States v. Fisher, There is a constitutional right to dis­ ver mine on its domain, it could have ac­ at 2 Cranch 358, Mr. Chief Justice Mar­ pose of this elP,ctric power. But be­ quired the mules or horses and equipment to shall, in speaking for the Court, says fore mentioning -that, I think I should carry its silver to market. And the trans­ this: say in justice to our former colleague, mission lines for electric energy are but a. facility for conveying to market that par­ In construing. this clause, it would be in­ Senator Cooper, of Kentucky, that it ticular sort of property, and the acquisition correct, and would produce endless diffi­ was due. I should say primarily, if not of these lines raises no different constitu­ culties, 1f the opinion should be maintained, exclusively, to the very informative and, tional question, unless in some way there is that no law was authorized which was not to my mind, sound discussion which he an invasion of the rights reserved to the indispensably necessary to give effect to a was kind enough to give to me last year, state or to the people. We find no basis for specified power. Where various systems as a friend and colleague, in regard to concluding that the limited undertaking with might be adopted for that purpose, it might the Alabama Power Co. amounts to such an be said, with respect to each, that it was not the Tennessee Valley and the New invasion. Certainly, the Alabama Power Co. necessary, because the end might be obtained Johnsonville plant, that I came to the has no constitutional right to insist that it by other means. conclusion that the appropriation for shall be the sole purchaser of the energy Continuing, the Chief Justice said: the plant should be supported. I wish generated at the Wilson Dam; that the the Senate to know that whatever of energy shall be sold to it or go to waste. Congress.must possess the choice of means, and must be empowered to use any means merit there may be in the position I The Congress of. the United States, • which are in fact conducive to the exercise have taken, to my mind comes primarily, once it has the power, once there is a of a power granted by the Constitution. if not entirely, as an initial matter from 4468 CONGRESSIONAL RECORD-SENATE APRIL 13 the wise words of counsel and informa­ branch of the Government, that there, not confined to territory, but extended to tion given to me by former Senator likewise, the same rule should be followed. "other property belonging to the United Cooper, of Kentucky. I have referred this afternoon to atomic States," so that the power may be applied, as Story says, "to the due regulation of all Mr. President, what is the power that energy and to the Oak Ridge plant, and other personal and real property rightfully . is developed by the Tennessee Valley I should like to mention just this inci­ belonging to the United States." And so, he Authority? The Supreme Court of the dent in connection with the matter of adds, "it has been constantly understood and United States in the Ashwander case, atomic energy: In a public statement acted upon"- to which I have referred, takes up the made on November 15, 1945, by the Presi­ question as to whether Congress has any dent of the United States, the Prime And, third, inasmuch as the Supreme power to dispose of electric energy-in Minister of Great Britain, and the Prime · Court stated in that case: that case, the electric energy generator Minister of Canada, occurs a declaration That the water power and the electric ait Wilson Dam. It points out a very in substance that the signers think- energy generated at the dam- interesting fact which I think is of tre­ The spreading of the specialired informa­ . Meaning the Wilson Dam at the Mus­ mendous importance; it says: tion regarding the practical · application of cle Shoals plant- The Government acquired full title to the atomic energy, before it is possible to devise are susceptible of disposition as property be­ dam site, · with all riparian rights. The effective, reciprocal, and enforceable safe­ longing to the United States is wen estab­ power of falling water- guards acceptable to all nations-- lished. To which the Senator from Michigan Might have the effect opposite to a con­ I state, in view of these facts, that I referred yesterday- tribution- assume most respectfully that, notwith­ was an inevitable incident of the construc­ to a constructive solution of the problem of standing the unqualified announcement tion of the dam. That water power came the atomic bomb. of November 15, 1945, by the President into the exclusive control of the Federal And then occurs this significant re­ of the United States of his being pre­ Government. mark in the public statement made QY pared to share the detailed information Mr. President, I emphasize the sen­ the President of the United States, the therein mentioned at the time stated in tence: Prime Minister of Great Britain, and the the announcement, it is not his inten­ tion to proceed to share such informa­ The mechanical energy- Prime Minister of Canada: We are, however, prepared to share, on a tion without prior approval by Congress. So says Mr. Chief Justice Hughes­ reciprocal. basis with others of the United Mr. LUCAS. Mr. PreLident, will the was convertible into electric energy, and the Nations, detailed information concerning the Senator yield for a question before he water power, the right to convert it into practical industrial application of atomic proceeds to the next point? electric energy, and the electric energy thus energy just as soon as effective enforceable Mr. DONNELL. I yield. prQduced, constitute power belonging to the safeguards against its use for destructive· Mr. LUCAS. Will the able Senator ad­ United States. purposes can be devised. vise me as to how much longer he ex­ It is only a short step from that con­ Mr. President, it will be observed that pects to speak? clusion by Mr. Chief Justice Hughes to the announcement signed by these three Mr. DONNELL. I should say about 10 the sentence in the Constitution which men-the President of our Nation and the minutes. he cites. Perhaps I should read his two Prime Ministers mentioned-that Mr. LUCAS. I thank the Senator. observation: they are prepared to share, at the time Mr. DONNELL. I think I have dem­ Authority to dispose of property constitu­ mentioned in the announcement, "de­ onstrated, or rather, the observations ' tionally acquired by the United States-- tailed information concerning the prac­ which I have quoted have demonstrated that as Mr. Clapp says, at page 13 of He has just held that the electric tical industrial application of atomic energy" is made without any statement the hearings before the House of Rep­ energy does constitute property belong­ resentatives, a power shortage would ing to the United States- being contained therein to the effect that the insurance of being so prepared is force interruptions in the production of is expressly granted to. the CongJ:ess by sec­ contingent, so far as the United States these vital materials and handicap the tion 3 of article IV of the Constitution. This is concerned, on approval by the Con­ Nation's ability to prepare for national section provides: emergencies. "The Congress shall have power to dispose gress. I have not observed any state­ of- ment which declares or demonstrates in I think it has been demonstrated that whom is vested the legal title to infor­ the action proposed in respect to the con­ I emphasize that- mation "concerning the practical indus-· struction of the Johnsonville plant is a.nd make all needful rules and regulations trial application of atomic energy." It . amply justified by the considerations of respecting the territory or other property seems likely to me, however, that with national defense. I submit that the Gov­ belonging to the United St ates; and nothing an investment of probably $2,000,000,000, ernment of the United States in view of in this Constitution shall be so construed such defense necessities should not be as to prejudice any claims of the United as we have been told-billions of dollars, not millions of dollars-having been dependent upon private power companies States, or of any particular State." for any part of the year, but that the So, Mr. President, I take it there can made by the Government of the United States in the development and use of Government itself e;r its agencies should be no question as to the constitutional atomic energy, important property rights own such facilities as will enable the power of the United States Government in such information are vested in our Government to have power production to dispose of the electric energy which Government. 100 percent tl~roughout the entiie year. is or shall be created in the Tennessee I submit further the absence of abil­ Valley Authority's jurisdiction. Mr. President, I may say most respect­ ity to provide year-round service may in­ Mr. President, with your permission I fully, first, that, inasmuch as section 3 terfere with the ability of the Govern­ shall divert for only a moment to one of article IV of the Constitution of the ment to dispose of its peak load power, matter which I think is of sufficient con­ United States reads, in part, as follows: and indeed it has already interfered with sequence, although not directly involved, The Congress shall have power to dispose its disposition, because today, as I un- of and make all needful rules and regula- · d to justify a brief comment. I called to · tions respecting the territory or other prop- derstan • large quantities of the power the attention of the Senate earlier in generated in the Tennessee River are my remarks this afternoon the observa­ erty belongi~g to the United States- disposed of as so-called "dump" power tion by Mr. Justice Joseph P. Bradley, And, second, inasmuch as the Supreme at a price averaging approximately half on February 1, 1886, with respect to the Court of the United States, through of what the Government could derive importance of courts following a rule Chief Justice Hughes, in the Ashwander from the disposal of it as primary power which being interpreted into English case, from which I have quoted, in re- or firm power; that is to say, power that means "withstand beginnings." ·· I em­ ferring to the grant made to the Con- can be availed of at any moment during phasize what to my mind follows logi­ gress by section 3 of article IV, of au- the entire calendar year. cally, namely, that not only is it the duty thority to dispose of property constitu- In addition to that, I think the Gov­ of the courts to follow that wholesome tionally acquired by the United States, ernment is entitled, and the Congress is admonition, but it is the du~ of Con­ said: • entitled, to consider the matter from the gress to follow it. May I most respect­ The grant was made in troad terms, and standpoint of fairness to the citizens. fully say, concerning the executive the power of regulation and disposition was The Government in selling to its citizens 1949 CONGRESSIONAL RECORD-SENATE 4469

power from the Tennessee ~iver should officials to the President and to the Con­ The Pacific Northwest has been de­ not make them dependent on ·private · gress. veloping very rapidly in recent years. power producers in case of emergency. The traditional method of organizing The population has jumped 37 percent Fm:thermore, from the standpoint of the Government's resource activities, since 1940. The tonnage of agricultural the Government itself, the Government through departments and bureaus which production-not including livestock and should not be able merely to contract carry on separate Nation-wide activities, livestock products-has risen about 25 with customers to supply them with does not itself provide for the unified con­ percent in Washington, Oregon, and power while the water is high and the sideration of each area's resources which Idaho between 1940 and 1947. Total in­ power abundant, for it is obvious that the is so necessary, nor does it easily lend it­ come payments have increased 200 per­ customers may conclude it is not desir­ self to decentralization. It has long been cent since before the war in those three able that they be compelled to contract apparent that some organizational ad- States, as compared to 150 percent for with the Government for only a part of . justments are necessary. the country as a whole. The per capita the year, or be compelled to rely on some We have not found-nor do I expect income is among the highest in the Na­ private. producer of power who may or that we shall find-a single organiza­ tion. These are signs of the progressive may not continue in business or be a tional pattern that will fit perfectly the energy of the people of the region, and satisfactory supplier of power during. the resource problems in the many diverse of the growth that can occur there. drought. areas of the country. . However, this growth will not take I think the Government is entitled to The Tennessee Valley Authority, with place to the extent necessary to provide operate the Tennesee Valley Authority headquarters in that valley, has been adequate employment for the growing in an efficient manner as suggested by spectacularly successful in achieving population unless there is a steady pro­ Senator COOPER last year. I think the many of the goals of a wise and balanced gram of investment in the development Government is entitled to operate it in use of resources, through its own activi­ of basic resources in accordance with an economical manner. I think the ties and through close cooperation with broadly conceived conservation and de­ Government is entitled to operate it in other Federal agencies and with State velopment plans. a way which will conduce to the firming and local organizations. The integration The activities of the Federal Govern­ up of power, thus making its investment of Federal activities, through the TVA, ment have already been of great help. reasonably productive, rather than to op­ has contributed greatly to the growing Bonneville and Grand Coulee Dams and erate it in such a way that the power prosperity of that region, and has met the the Bonneville power system, begun be­ can be furnished to consumers only a acid test of satisfying the people who live fore the war, made possible the tre­ part of the year. there. mendous war and postwar expansion in So, Mr. President, for these and the More recently, Federal interagency population and in industry. Industrial other reasons I have indicated this after­ committees have been established in sev­ development in aluminum, electrochemi­ noon, I very respectfully submit that eral of our western river basins, under cal and electrometallurgical industries, there is a constitutional power to make the leadership of an interagency com­ atomic energy, phosphates, and other the appropriation sought for the entry mittee in Washington, D. C. These com­ lines is going forward rapidly. Each of upon the construction of the New John­ mittees have proved useful in improving these requires large amounts of low­ sonville steam plant. the coordination of Federal activities in cost power, in the production of which MESSAGES FROM THE PRESIDENT those basins. the and its tributaries This committee system, however, has offer greater possibilities than any other Messages in writing from the Presi­ river system in the country. Continued dent of the United States were communi­ obvious limits, since none of the fieid representatives of the several depart­ industrial progress depends upon turning cated to the Senate by Mr. Miller, one of these hydroelectric-power potentialities his secretaries. ments and agencies concerned is respon­ sible for an over-all view of all the re­ into realities, since the present power MESSAGE FROM THE PRESIDENT-COLUM­ sources of an area. Furthermore, the supply ·is far short of the demand, and BIA RIVER VALLEY (H. DOC. NO. 158) field committees have no power, other the region has no significant resources than the separate delegation of author­ of coal or petroleum. To the Congress of the United States: ity made to their members, and important But far more than power is involved I recommend that legislation be problems must be ref erred through sep­ in the further development of the Co­ enacted reorganizing certain Federal ac­ arate channels to headquarters in Wash­ lUIPbia River for useful purposes. The tivities in the Columbia River Valley to ington, D. C., for decision there. disastrous flood of 1948 showed how much the end that the Federal Government In improving the organization of Fed­ needs to be done, both in the river and may play a more effective part in the de­ eral activities in the-Pacific Northwest, on the land in the watershed, to reduce velopment and conservation of the re­ we must recognize the unique features of potential flood damage. The first irri­ sources of the Pacific Northwest. that region. The Pacific Northwest­ gation water will soon be brought to the The resource activities of the Federai comprising principally Oregon, Washing­ thirsty land in the Columbia basin proj­ Government in this region are of great ton, Idaho and western Montana-is a ect below , and other importance, not only because of the Gov­ relatively undeveloped area of our Na­ irrigation projects are possible. The im­ ernment's responsibility with respect to tion, rich in resources and opportunities. portant lower Columbia fisheries pro­ the waters of the Columbia River and its The grand dimensions of the Columbia gram, to adjust the salmon-fishing in­ tributaries, but also because of the ex­ River give consistency to the problems, dustry to the dam-construction program, tensive federally owned lands within the needs and opportunities of the region. needs to be pushed forward. The use region. The waters of the Columbia River sys­ of the river for low-cost transportation Many Federal agencies have long par­ tem (among our rivers second only to of bulk goods can be greatly expanded. ticipated in these activities to some de­ the Mississippi in flow) are capable even- · Various Federal agencies are now at gree, and the coordination of their sepa­ tually of producing more than 30,000,- work on these phases of river develop­ rate activities presents a difficult organi­ 000 kilowatts of electric power, of which ment, and a considerable amount of zational problem. only a little more than 3,000,000 kilowatts competent planning has already been In general, two main objectives should are now installed. There are possibili­ done. In particular, the Corps of Engi­ guide the organization of the Govern­ ties of reclaiming many more acres of neers and the Bureau of Reclamation ment's resource activities. There should land by irrigation, as they may be needed, have jointly worked out the framework: be unified treatment of the related re­ in addition to the 4,000,000 acres now ir­ for a comprehensive program of dam sources · within each natural area of the rigated. More than 40 percent of the Na­ building. McNary and Hungry Horse country-generally the watershed of a tion's saw timber and many important Dams are now under construction, and great river-and within the framework minerals, including 60 percent of our others are about to be started to meet of sound Nation-wide policies. Further­ known phosphate reserves, are in the re­ urgent needs. more, there should be the greatest pos­ gion. Properly developed and conserved, So far as river development is con­ sible decentralization of Federal powers, the resources of the Columbia Valley re­ cerned, the task ahead is twofold. Pres­ and the greatest possible local participa­ gion can furnish enormous benefits to the ent plans and schedules should be in­ tion in their exercise, without lessening people living there and to the Nation as corporated in a more inclusive, b2tter­ the necessary accountability of Federal a whole. balanced river-development program. CONGRESSIONAL RECO-RD-8ENATK APRIL 13 . And a unified operating system must be construction work by contract so far as agencies to carry out the development established for the many facilities al­ practicable. Under these circumstances, program. ready built or to be constructed. These the establishment of the Columbia Val­ In these various ways the Columbia objectives require better organizational ley Administration would .result in no Valley Administration, while retaining its arrangements than we now have. hesitation or delay in the development basic accountability to the President and Furthermore, a great deal needs to be program. Instead, the Administration the Congress, will be far more responsive done to bring the land, forest, and min­ would carry forward the work already to the needs and interests and desires of eral activities of the Federal Govern­ started in a more effective manner. the people of the region than the present ment into step with the water develop­ I do not recommend the consolidation subordinate field establishments of the ment program. It is questionable econ­ of any other Federal ·activities in the Government can be. omy to spend mill1ons of dollars for dams Columbia Valley Administration. I do The Columbia Valley Administration as part of a flood-control scheme, un­ recommend, however, that the Adminis­ . should, of course, administer its activi­ less at the same time we are doing all tration be given direct responsibility for ties in accordance with Federal policies we can in the way of forest and soil con­ preparing definite plans and programs· which apply to the whole country. In servation and rehabilitation, so that for soil and forest conservation, mineral seeking decentralization of Federal au­ floods will be minimized rather than ag­ exploration and development, fish and thority and appropriate ftexibility to gravated. Similarly, it is not sensible to wildlife conserva~ion, and the other as­ meet the unique characteristics of the spend millions of dollars to reclaim land, pects of Federal resource activities in the Pacific Northwest, we should not estab­ in order to create new farms, if at the region, and the means to see that those lish different national policies for that same time we fail to take ·appropriate plans and programs move ahead in step. region than for the rest of the country. steps to save existing farm lands from Such plans and programs would be For example, the Administration being washed into the rivers. worked out in cooperation with all inter­ should be required, in accordance with It is obvious that Federal activities and ested groups-local, State, and Federal, long-established Federal policy, to re­ expenditures concerning land resources private and public. spect existing water rights and the water need to be planned in relation to those In this way the activities of the Colum­ rights laws of the several States. The concerning water resources. Here again bia Valley Administration and other Administration should be required to fol­ better organizational arrangements are Federal agencies would be properly· ad­ low the reclamation laws in contracting needed than we now have. justed·to each other and to the activities for the disposition of fand or water in I do not wish to minimize the substan­ of State and local agencies, and the maxi­ reclamation projects. It should be re­ tial progress that has been made under mum degree of joint and cooperative quired to give the customary preferences the programs as they have been con­ action would result. In this way the and priorities to public agencies anc:. co­ ducted in the past. However, we have activities of all agencies concerned with operatives in disposing of electric energy. now reached a point where the growing water, land, forest, mineral, and fish and It should be requfred to demonstrate the scope and complexity of the Federal wildlife resources can be brought into a economic soundness of the various proj- · activities in the region require much consistent pattern of conservation and ects it undertakes, and to repay reim­ greater integration and the.full-time at­ development. bursable costs, in accordance with na­ tention of top-level administrators if the The Columbia River rises in Canada, tional policies. In short, its activities tremendous potentialities of the region and part of its watershed is in that coun­ should harmonize, and not conftict, with are to be wisely and rapidly developed. try. Under long-standing treaties, the Federal policies concerning agriculture, I therefore recommend that the Con­ Governments of Canada and the United commerce, labor, and the other broad gress enact legislation to provide a means States consult with each other on any areas of national interest. for welding together the many Federal development projects which affect inter­ Finally, the Columbia Valley Adminis­ activities concerned with the region's re­ national waters, including the Columbia tration should be given, with respect to sources into a balanced, continuously de­ River. The Columbia Valley Adminis­ its revenue-producing activities, appro­ veloping program. tration can work out, in cooperation with priate financial and operating ftexibility In so doing I recommend that certain appropriate Canadian agencies and in und~r the business-type budgeting, ac­ Federal activities in the region be con­ accordance with our treaty obligations, counting and auditing methods estab­ solidated into a single agency, called practical means of developing the re­ lished by the Government Corporations the Columbia Valley Administration. To sources of the Columbia River region, on Control Act. Without detracting from that agency should be transferred the both sides of the international boundary, the necessary control of the Administra­ Federal programs of constructing and on an integrated bas-is. It is my hope tion by the President and the Congress, operating physical facilities on the Co­ that we will be able in this respect to this will permit more businesslike pro­ lumbia River and its tributaries for the demonstrate to the world new ways of cedures and more steady and economical multiple-purpose conservation and use achieving mutual benefit through inter­ scheduling of construction and opera­ of the water, including the generation national programs of resource develop- tions than are now possible. and transmission of power. These pro­ ment. · grams are now carried on by the Bu­ These recommendations I regard as reau of Reclamation and the Bonneville A further· vital element in developing the fundamental elements of a better Power Administration in the Depart-· a better organization of Federal resource organization of Federal resource activi­ ment of the Interior, and by the Corps activities in the Columbia Valley region ties in the Pacific Northwest. They in­ of Engineers in the Department of the is to bring about a larger degree of local volve no expansion of Federal powers, Army. This consolidation will provide participation.· To this end I recommend no encroachment on the rights of States, not only for a balanced program of con­ that the Columbia Valley Administration communities, or individuals. Instead structing dams, irrigation works, power be required to have its headquarters in they are designed to achieve a more transmission lines, and other facilities, the region, easily accessible to the people sensible and unified organization of Fed­ but also for a workable operating plan who live there. I recommend further that eral activities, which will result in a more for using these facilities simultaneously the Administration be required, with re­ effective program for resource develop­ for ftood control, navigation, power gen­ spect to all phases of its activities, to seek ment and more effective participation by eration and transmission, fish protec­ the advlce, assistance, and participation the people of the region in shaping that tion, and other purposes. It is plain of State and local governments, agricul­ program. common sense that the planning and ture, labor, and business groups, educa­ The enactment of legislation embody­ operation of the system of river struc­ tional institutions and other representa­ ing these recommendations will bring tures is a job for a single agency. tive groups concerned. This can best be Government closer to the people-closer The Columbia Valley Administration done, as/the Tennessee Valley Authority to the grass roots. This· means Govern­ would have the ,advantages of a sound experience has shown, not through for­ ment action that will be more responsive foundation of basic planning already malistic statutory machinery, but through to the needs of the people. done, and a large construction program the establishment by the Administration In recent years the people of our coun­ already under way. The bulk of its of a large number of advisory groups for try have come to understand that the staff would be secured from existing its different activities and in different progre~ive growth of our economy and agencies. It would fallow the practice parts of the region, and through the use, the maintenance of national security de­ of existing agencies in carrying on its wherever possible, of established local pend largely upon the wise use of our 1949 CONGRESSIONAL RECORD-SENATE 4471 natural resources. We have reached reading clerks, announced that the the effect of developing a natural re­ overwhelming agreement that our na­ House had passed a bill am, and, which come·in the spring of the year, and therefore, the Tennessee Valley got a it is necessary to use steam power. Not Mr. McKELLAR. That will be th& slight lead on the Missouri River and the so much steam power is required in that ultimate capacity, according to the engi­ Columbia River projects. I believe that season as is required in the dry period, neers of the TV A. · all three projects should have been but some steam power has to be used: Mr. CAIN. Something in excess of adopted. I still think the others should It is absolutely necessary, and it has been 3,000,000 kilowatts? be developed. I think it would be to the from the beginning, even when the Ten­ Mr. McKELLAR. Three million nine best interests of our common country nessee Power Co. cohtrolled all the pow­ hundred thousand kilowatts? that all three should be developed. They er. No objection had been made to steam Mr. CAIN. I understand, and I am should be developed with the greatest plants until last year. I think that was very grateful for that information. care. We should look after the interests 4478 CONGRESSIONAL RECORD-SENATE APRIL 13 of the private operators, but inasmuch Mr. McKELLAR. Mr. President, ·r Mr. McKELLAR. No questions at all as the deveopment of electricity is by have been advised that approximately were raised about the other plants. The nature a mon.opolistic enterprise, private 100,000 farmers who belong to rural or­ appropriation for the Watts Bar steam interests should have charge of the de­ ganizations, such as the REA and others, plant, if I remember correctly, was passed velopment in certain areas and the public have made application to the Tennessee by unanimous ·consent. in other areas. The three projects men­ Valley Authority for power, and are un­ Mr. CALL I am not qualified to say, tioned were three President Roosevelt able to get it because the Authority is. because I was not in the Senate then. felt at the time might 'be developed by unable to furnish a steady flow of power. Mr. McKELLAR. I know there was the Government, leaving the rest of the :n is absolutely necessary to have the no opposition on the floor to the Watts country to private industry. steam plant to aid in this undertaking, Bar steam plant, or to the one at Muscle Mr. CAIN. Let me make an observa­ Mr. CAIN. I have tried to make very Shoals, when it was proposed to build a tion to the Senator from Tennessee. . clear to the senior Senator from Tennes­ steam plant there. Muscle Shoals is the From what he has taught me so well up see that I note that the requirements largest dam. There was no opposition to date, first, the operation of the Ten­ are such that more power must be gener­ when the plant at Chickamauga, just be­ nessee Valley Authority with reference ated. Some of the questions I have raised low Chattanoo~a on the Tennessee River, to its output and utilization of power have been hard-headed and searching was under consideration. There was no has been both e:ff ective and efficient. from my point of view, because I am objection raised to the other plants which Mr. McKELLAR. And economical, as hopeful that, with reference to steam­ have been built. The belated opposition well. plant operations, the power from such to the steam plant under consideration Mr. CAIN. But the Senator and his plants could be provided by sources other_ is something which· surprises me very associates wish to construct the proposed than Federal dollars. I know the Sena­ much. I really thought there would be steam plant to make their over-all op­ tor has not begrudged any of these ques­ no trouble about it. The Senate passed eration even more effective and efficient tions. the appropriation for it by a considerable · than it has been to date. Mr. McKELLAR. Not at all. I have majority a year ago. The item went to Mr. McKELLAR. Exactly. welcomed them. the House for its consideration. I had Mr. CAIN. Against that observation, Mr. CAIN. I notice my colleague, the no idea it would be attacked in the House, may I ask if the Tennessee Valley Au­ senior Senator from Washington, sitting but it was, and the item was defeated thority is today able to satisfy all its in the Chamber. We are tremendously in the House. We now have before us a contractual obligations? · concerned not only over what the Sen­ provision for appropriation for th~ steam Mr. McKELLAR. Substantially all. ator is attempting to have accomplished plant similar to the provision which was Any lack: of power to do so has been be­ and wants to do in the future in the Ten­ before Congress last year. cause of · unusual circumstances. The nessee Valley, but we wonder where we Mr. President, I wish to read from page demand for power is constantly increas­ are going in the Pacific Northwest. As 16 of the hearings before the subcommit­ ing, as the Senator knows, and in order I mentioned a few minutes ago to th.e tee of· the House Committee on Appro­ to take care of the contracts it now has, Senator from Tennessee, the Columbia priations on the first deficiency appro­ and the applications for new business River, the second largest river, I sup­ priation bill for 1949 as follows, being a which are already coming in-and that pose, next to the Missouri, in all Amer­ part of Mr. Clapp's testimony: includes a number of war operations in ica, alone has a power potential of 30,000,- GENERAL FUNCTION OF STEAM PLANTS IN TVA Tennessee, such as the Oak Ridge project 000 kilowatts. We have accomplished SYSTEM and others, the chemical plant there, and approximately only 10 percent of the job. I think the committee understands the the like-it is absolutely necessary to No dollar of Federal expenditure which general function of steam plants in the TV A have a steady flow of firm power, and is used elsewhere in this country for the system. This is predominantly a hydroelec­ that is all we are seeking to provide development of hydroelectric power tric power system, producing power from through the pending bill .. would find me or my colleague in oppo­ dams that are designed, built, and operated Mr. LUCAS. Mr. President, will the sition. But now we are presuming to. primarily for flood control and to maintain Senator from Washington yield? start to establish steam plants. We are navigable channels. Mr. CAIN. I yield. . only starting one now in the Tennessee Mr. CAIN. A multiple-purpose dam? Mr. LUCAS. I should like to make a Valley, but I think that will be a rea­ Mr. McKELLAR. A multiple-purpose statement for the benefit of the Senator sonable precedent, sir. system of dams. from Washington. Between 1945 and Mr. McKELLAR. Oh, no; the Sena­ And operated primarily for flood control 1947 residential and rural consumers in tor is mistaken about that. As I have and to maintain navigable channels. The the Tennessee Valley increased their stated, the TVA now has five major steam fact that these are multiple-purpose dams consumption of power by 60 percent. plants and several smaller ones, having places certain practical limitations upon their Mr. CAIN. That is correct. a total capacity of 450 ,000 kilowatts. use in the production of electricity, and in Mr. LUCAS. In the same period com­ order to get the best use of the controlled Mr. CAIN. Under the jurisdiction of water in the Tennessee River syst em, we use mercial and industrial consumers in­ TVA. creased their requirements by 25 percent. steam plants to firm up the hydro power that It is estimated that by 1952 rural and Mr. McKELLAR. No; they are owned is otherwise available in large quantities only residential requirements will be 90 per­ by the Tennessee Valley Authority. Some during certain seasons of the year. cent over the 1947 requirements. I°,Jike• of them were built by · the Tennessee Mr. CAIN. What, is the date of the wise, commercl.al · and industrial con­ Valley Authority. The strange thing to hearing? sumption is expected to increase 65 per­ me and to others who are interested in Mr. McKELLAR. January 28 of this cent by 1952. There is no dispute that this matter is why this particular steam year before the House Subcommittee on new sources of power. must be developed plant has been selected to bring on a fight Deficiencies. in order to meet the growing demand for of this kind. Mr. CAIN. It is my understanding power. _ Mr. CAIN. Let me ask a question. that in 1936 the Congress authorized Mr. CAIN. Let me say to the senior I do not know its answer. What is the or directed the Tennessee Valley Au­ Senator from Illinois and to the senior logical difference between the steam thority to report fully to the Congress Senator from Tennessee that they have plant we have under consideration today on its experience up to that time. May both established a point that satisfies and the other steam plants which I I inquire of the Senator from Tennessee my curiosity, namely, that with · refer­ understood the Senator to. say have pre­ whether included within that report any ence to debts, the TV A finds it possible viously been constructed by the Tennes­ portion of the discussion was devoted to to meet· every penny of its obligations, see Valley Authority? the need of steam plants in the future 100 cents on the dollar; but what TVA Mr. McKELLAR. Does the Senator to firm up secondary power? For how not only needs and wishes but must have, mean how much capacity each one.has? many years, in other words, have we is additional power with which to meet Mr. CAIN. No; wherein lies the fun­ been talking about the need for sec­ obligations which are not under contract damental difference? If questions are ondary power being firmed up through today, but which everybody knows are being raised about this one, were similar steam plantg as aU'Xiliaries to hydro­ anticipated or are pending. questions raised about the other plants? electric-river systems? 1949 ·coNGRESSIONAL RECORD-' SENATE 4479 Mr. McKELLAR. As I remember, ·will be found the debate in the House · Mr. CLAPP. We have five major steam there was very little said about it for of Representatives on the Watts Bar plants and several smaller ones-the small plants have a total capacit~ of about 20,000 the reason that we had built the steam steam- plant. kilowatts. Altogether, our steam plants, the plants to which I have referred, one at Mr. CAIN. I am grateful to the Sen­ one we built, the Wilson Dam steam plant Muscle Shoals, and the other places I ator, and I shall read those .pages with that the Government bU:ilt- during the First have mentioned. The Wilson Dam steam real interest. World War, and the ones we bought, now plant, which had already been built, and Mr. KEFAUVER. This question was total 450,000 kilowatts-considerably in ex­ no particular point was raised with re­ fully discussed. The appropriation for cess of the capacity of the presently re­ spect to any of them. The biggest fight the Watts Bar steam plant was the main quested units for the New Johnsonville steam came up last year wben Mr. Smith, a question involved. On a motion to re- plant. ,representative of the power companies in . commit, the vote was 125 to 299, and on Mr. CAIN. Mr. President, I thank the Washington, made a spectacular fight to the passage of the bill it was 265 to 93. Senator. I appreciate having the op­ -stop steam plants on the theory that we In the discussion at that time there was portunity to read the testimony. were starting a general steam plant pro­ no doubt that the Congress was fully Mr. McKELLAR. Has the Senator posal. That was an entirely new point. authorized, constitutionally and within any further questions? That is not the purpose at all. It is not the TVA Act, to appropriate for the Mr. CAIN. I have two more questions. the purpose to go into the steam-plant steam plant. There is a very full discus­ First, if this appropriation i~ granted, ·business. The plant is to be erected sion of the Watts Bar steam plant in what sum of money will be requested for merely for the purpose of aiding the Gov­ those pages. the steam plant in the fiscal year 1950? ernment in disposing of its power to the Mr. McKELLAR. Mr. President, in Mr. McKELLAR. The estimate is best advantage to the Government itself further answer to the Senator's question, $16,500,000. -and to the best advantage of those who I have the testimony of Mr. Clapp, Mr. CAIN. I know the distinguished buy the power from the Government. _ Chairman of the Tennessee Valley Au­ senior Senator from Tennessee will not Mr. CAIN. Would the distinguished thority, ·on the 26th of January 1949. think that this observation has any senior Senator from Tennessee construe This testimony gives the names of the prejudice within it. I wish I knew the establishment of this steam plant in steam plants and their location. It ap­ whether or not we have a Federal pO\-.-er itself as creating a precedent which is pears on page 16 of the House committee policy. So far as I know, we have none likely to result in other steam plants hearings on the first deficiency bill. I with reference to the relationship of the being authorized for other sections of the shall not read it because it is along the respective rights as between steam plants country before we have had a chance in line of the statement which I have al­ on the one hand and hydroelectric plants every section of the country fully to ready made. I ask unanimo~s consent on the other. develop our water resources? this excerpt from the testimony may be Mr. McKELLAR. The answer is a per­ _ Mr. McKELLAR. I see no reason at printed in the RECORD at this point as fectly natural one. The two must be all why this particular plant would have a part of tny remarks. used together. One is the complement of the slightest effect on that situation, any There being no objection, the excerpt the other. The production and sale of more than the building of the one at was ordered to be printed in the RECORD, electricity is almost a natural monopoly, Wilson Dam had, or any more than the as follows: · so the two must be used together, and can building of the one at Muscle Shoals Dam The additions we are requesting in this only be used together where water power had, or the one at Watts Bar Dam. They supplemental are a natural development of is available. have never had the effect of interfering the TVA power system. · I believe this com­ Mr. CAIN. I agree that they must be in any way with the private power busi­ mittee is well aware of the fact that the used together, in due course. Whether ness at all. The Government is not set­ powc : system of the Tennessee Valley Au­ or not a steam plant should actually be ting up an independent steam-power thority has been a hydro and steam combina­ owned and operated by the Federal Gov­ tion from the beginning. The committee will ernment is, I take it, a question upon business, and does not propose to do so. recall, I am sure, that at the time the Gov­ I want to say to the Senator from Con­ ernment built Wilson Dam which was started which one could argue for a long time. necticut" [Mr. BALDWIN], whom I do not during the First World War and finished in But the question I raise is whether or see on the floor at the moment, that we the 1920's, Congress also authorized, and not we should encourage the erection of are not undertaking to take business there was built by the Government, a steam steam plants before we have more ade­ ~way from Connecticut or from any other plant known as the Wilson Dam steam plant, quately developed the water resources of State. We wish to take care of the busi­ of 64,000 kilowatts capacity. Then, at the the country and provided for multiple­ time of the major acquisitions of private ness we have in the Tennessee Valley, utilities properties, during the period closing purpose dams by means of which much which is asking for more power and is generally in 1939, TVA in collaboration with more can be done with reference to navi­ unable to get it. the municipalities and rural electric co­ gation, flood control, and the generation Mr. CAIN. The Senator certainly is operatives of the power service area, bought of electricity than has been done thus being very helpful to my thinking. a combination hydro and steam system from far. Mr. McKELLAR. I am trying to be. the private utilities. The TVA purchased Mr. McKELLAR. I understand the Mr. CAIN. The Senator has provided the generating and transmission facilities of Senator's question perfectly. I see his information with which those of us who the existing companies, the municipalities · point. The Tennessee Valley Authority bought thek distribution systems, and the have not been long in the Senate are rural electric cooperatives bought those parts is the best-developed water-power proj­ to.tally unfamiliar. of the distribution systems which were in ect in America. Mr; MCKELLAR. I am very happy to the areas in which they were going to retail Mr. CAIN. And it 1.s being efficiently contribute anything I can; and I wish to TVA power. operated today? be entirely accurate. If I make any mis­ At the time that acquisition was made, Mr. McKELLAR. Yes. For quite a take in figures, I shoUld like to have my TV A not only acquired, for example, the while, as some of my colleagues will re­ attention called to it, because I do not Hales Bar Dam which had been built on member-I know that the Senator from want to make any mistake. the Tennessee River and operated by the Maryland [Mr. TYDINGS] will remember, Tennessee Electric Power Co., but we also Mr. KEFAUVER. Mr. President, will bought several large steam plants, including because he referred to it this afternoon­ the Senator yield? a steam plant at Hales Bar Dam, a steam ! had very serious doubt as to whether Mr. CAIN. i yield. plant ·near Nashville, Tenn., a steam plant it was being economically managed. But Mr. KEFAUVER. A few minutes ago at Parksville, Tenn., etc. under the present management of the the Senator from Washington inquired Then, in 1940, through the regular ap­ Authority I have been convinced that Mr. if there had been any discussion in con­ propriation procedure· Congress authorized Clapp is a very efficient man. He has nection with previous appropriation the.TVA to build the Watts Bar steam plant very efficient employees. The project is bills relative to the question of building near Watts Bar Dam which was under con­ making money. It is bringing in a return. steam plants to firm up power. struction at that time. That steam plant at Watts Bar has a capacity of 240,000 kilo­ As the Senator from Maryland pointed Mr. CAIN. That is correct. watts. Today, out of a total system capacity out a while ago, there may be some cor­ Mr. KEFAUVER. I invite the Sena­ of some 2,650,000 kilowatts capacity, 450,000 rections which we ought to make in the tor's attention to the CONGRESSIONAL kilowatts is in steam plants. payment of the money actually into the RECORD for July 30, 1940-, at page 9738, Mr. KERR. How many steam plants do you · Treasury of the United States. That is a and many pages prior thereto, on which have? q~estion which we should determine, and XCV--283 4480 CONGRESSIONAL RECORD-SENATE APRIL. 13 it will be determined. I am quite sure mittee will be delighted to hear him and Mr. LUCAS. Mr. President, will the that with the development of power in to hear the representative of the Bureau Senator yield, to permit me to make an this valley by .the Tennessee Valley Au­ -the TOBEY] is detained on official business. the summons and of the complaint to any Court said: The junior Senator froni Nevada EMr. officer or agent of the Tennessee Valley Au­ The Communications Act of 1934 did not MALONE] who is detained on official busi­ thority at the office of said Authority in the create new private rights. The purpose of ness and the senior Senator from Nevada District of Columbia or by sending a copy the act was to protect the public interest [Mr. McCARRAN] are paired with the Sen­ of the summons and of the complaint by in communications. By section 402 ( b) (2), ator from Oregon EMr. MORSE] who is ab­ registered mail to the Tennessee Valley Au­ Congress gave the right of appeal to persons sent on official business. If present and thority at Knoxville, Tenn. The pro­ "aggrieved or whose interests ·are adversely visions of sections 1253, 2101, 2282, and 2284 affected" by Commission action. • • • voting, the junior Senator from Nevada of new title 28, Judiciary and Judicial Pro­ But these private litigants have standing [Mr. MALONE] and the senior Senator cedure, shall be. applicable to such an action. only as representatives of the public inter­ from Nevada [Mr. McCARRAN] would vote "It is t he intention of this provision tp est. • • * That a court is called upon. "yea," and the Senator from Oregon [Mr. vest in such Federal taxpayers and con- to enforce public rights and not the in- MORSE] would vote "nay." 4488 CO_NGRESSIONAL RECORD-SENATE APRIL 13 The result was-yeas' 38, nays 45, as mend to their respective Houses as follows: it could bring only one result, namely, a follows: That the Senate recede from its amend­ great inequality with respect to tenants ments numbered 3 and 4. within the District of Columbia, and an YEAs-38 That the House recede from its disagree­ Brewster Gurney Robertson ment to the amendments of the Senate num­ undue and unfair advantage to landlords Briclter Hendrickson Saltonstall bered 5 and 7, and agree to the same. within the District of Columbia. Bridges Hickenlooper Schoeppel Mr. McCARTHY. Mr. President wlll But!er Ives Smith, Maine Amendment numbered 1: That the House Byrd Jenner Taft recede from its disagreement to the amend­ the Senator yield at that point? Cain Kem Thye ment of the Senate numbered 1 and agree Mr. McGRATH. Please let me finish, Capehart Knowland 'Tydings . to the same with an amendment as follows: and then I shall be glad. to yield the :floor • Cordon Lodge Vandenberg "On page l, line 7, of the House bill, strike Mr. President, if I felt that rent con­ Donnell McCarthy Watkins out 'March 31, 1949' and insert in lieu there­ trol would be with us for years to come, Ecton Martin Wherry of 'April 30, 1949' "; and the Senate agree to Ferguson Millikin Wiley probably there would be reason for a dif­ Flanders Mundt Williams the same. ferent approach to the problem; but the Gillette O'Conor Amendment numbered 2: That the House recede from its disagreement to the amend­ matter of controlling rents within the NAYS-45 ment of the Senate nl1mbered 2 and agree District of Columbia under a separate Aiken Hollancr McKellar to the same with an amendment as follows: and distinct law has worked very well Anderson · Humphrey Magnuson Chapman Hunt Maybank "Strike out 'April 1, 1949' in the matter over the years in which we have had rent Connally Johnson, Colo. Miller proposed to be inserted by said amendment control. Administrative procedures and Douglas Johnson, Tex. Murray and insert in lieu thereof 'May 1, 1949' "; and processes have been established, and it Downey Johnston, S. C. Myers the Senate agree to the same. Eastland Kefauver Neely Amendment numbered 6: That the House seems to me wholly unwise, at this late Ellender Kerr O'Mahoney recede from its disagreement to the amend­ stage of the proceedings, to write into the Frear Ki!gore Pepper ment of the Senate numbered 6 and agree to law something which would require an Fulbright Langer Russell George Long Sparkman the same with an amendment as follows: entirely new organization to administer Green Lucas Stennis "In the fifth line of the matter proposed rent control within the District of Co­ Hayden McClellan Taylor to be inserted by said amendment strike out lumbia. Hill McFarland Withers the word 'were• and insert in lieu thereof That was the opinion of the conferees Hoey McGrath Young the word 'are'"; and the Senate agree to the as we weighed the question very seriously, NOT VOTING-13 same. over several days in conference. Baldwin Malone Thomas, Utah J, HOWARD MCGRATH, Chavez Morse Tobey J, .ALLEN FREAR, Jr., Therefore, Mr. President, I express the Graham Reed Wagner Managers on the Part of the Senate. hope that because. we are in the position Mc Carran Smith,N.J. of having a rent-control law in the Dis­ McMahon Thomas, Okla. OREN HARRIS, 0. E. TEAGUE, trict of Columbia which, in many de­ The PRESIDING OFFICER. Two­ JOSEPH O'HARA, tails, from the very beginning, has been thirds of the Senators present not hav­ Managers on the Part of the House. different from the rent-control law gov­ ing voted in the affirmative, the rule is erning the rest of the Nation, we should not suspended. The PRESIDING OFFICER