14554 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 1 i:·

Robert W. Prater, Jr., Uleta, Fla., in place Thomas H. McMahon, Rosemont, Pa., in NEW YORK of J. F. Potts, resigned. place of A. A. Connelly, deceased. · Rolan E. Rice, Holland. , GEORGIA Charles L. Johnston, Waynesboro, Pa., in Robert J. Conklin, Richfield Springs. place of W. A. Thompson, resigned • . Carroll E. Toole, Garfield, Ga., in place of NORTH CAROLINA R. J. Walsh, retired. SOUTH DAKOTA Leon C. Frederick, Ca-Vel. James D. Kilpatrick, Quitman, Ga., in Charles S. Adams, Burke, S. Dak., in place Linville L. Hendren, Elkin. place of E. T. Williams, retired. o.f M. E. Smith, transferred. Howard E. Moricle, Reidsville. IDAHO TEXAS Leonard S. Daniel, Warrenton. ·Willis J. Lyman, Rexburg, Idaho, in place Aubrey Lee Davee, Brady, Tex., in place of OREGON of G. A. Hoopes, dece.ased. I. J. Burns, removed. Harold T. Lay, Enterprise. ILLINOIS Lucile Fairman, Goldthwaite, Tex., in place of M. Y. Stokes, Jr., transferred. PENNSYLVANIA Nola G. Lee, Xenia, Ill., in pla:ce of :,, E. J. Smith Cluck, Leander, Tex., in place of John P . Rumancik, Crucible. Goff, transferred. J. 0. McBride, transferred. David M. Barnhart, Stoystown. INDIANA Hulan P. Armstrong, Menard, Tex., in place SOUTH DAKOTA of Perry Hartgraves, resigned. James Neugebauer, Gary, Ind., in place of · Joseph E. Jiran, Bristol. W. J. O'Donnell, deceased. UTAH Wallace J. Schiferl, Davis. Amel Siebe, Lynnville, Ind., in place of L. Percy W. Seay, Magna, Utah, in place of Frank M. Brooks, Florence. A. Madden, transferred. D. H. Wilkin, removed. Vincent W. Hanrahan, Lemmon. • LOUISIANA VERMONT VERMONT Edwin J. Pierce, Westwego, La., in place of Richard M. Bradford, Putney, Vt., in place George H. Huban, Middlebury. L. B. Parrino, resigned. of William Harbutt, resigned. Angelo G. Restivo, Richford. MARYLAND WASHINGTON WASHINGTON Dorothy E. Sasscer, Cheltenham, Md., in Louise E. Metzler, Snoqualmie Falls, Wash., Donald W. Fern, Maple Valley. place of M. P. Efort, resigned. in place of P. B. Burrill, retired. Daniel G. Donovan, Monroe. MICHIGAN WISCONSIN William R. Allhands, Sedro Woolley. Irma B. Hogan, Linden, Mich., in place of Richard E. Graichen, Coloma, Wis., in place WEST vmGINIA J. E. Dooley, declined. of H. A. Parkin, retired. Herman Taylor, Hopemont. Ralph B. Baker, Ovid, Mich., in place of Norman W. Helgoe, Durand, Wis., in place Lillie M. King, Switchback. J. H. Robson, Jr., removed. of A. C. Smith, removed. Vaughn L. Fleming, Wallace. MINNESOTA Leora C. Zeiger, Lake Beulah, Wis., in Benjamin L. Frye, Wardensville. Catherine T. Merrill, Glencoe, Minn., in place of L. F. Mengert, removed. Robert J. Stoetzer, Wellsburg. place of H. L. Peters, transferred. WYOMING Robert W. Curry, White Sulphur Springs. · Viola B. Pederson, Holloway, Minn., in Leslie H. Luedtke, Dubois, Wyo., in place of place of O. L. Bahl, transferred. W. H. Watson, retired. MONTANA HOUSE OF REPRESENTATIVES Ralph L. Benjamin, Shelby, Mont., in place CONFIRMATIONS of G. M. Cox, resigned. NEBRASKA Executive nominations confirmed by MONDAY, SEPTEMBER 11, 1950 dra F. Stegeman, Chappell, Nebr., in place the Senate September 11 SHIRE •quested: Dale W. Salsgiver, Kelly Station, Pa., in Bernard E. Robie, Kingston. S. Con. Res. 105. Concurrent resolution au­ place of Guido Donati, re;noved. Charles H. Dalton, West Lebanon. thorizing the appointment of a committee 1950 CONGRESSIONAL RECORD-HOUSE 14555 to attend the general meeting of the Com­ UNIVERSAL CORP., JAMES STEWART period within which a suit might be monweal th Parliamentary Association to be CORP., AND JAMES STEWART & CO., brought by the James Stewart Corp. in held in Australia or New Zealand. INC.-VETO MESSAGE FROM THE PRESI­ its own behalf or to the use of the Uni­ SPECIAL ORDER GRANTED DENT OF THE UNITED STATES versal Corp. has not expired and will not Mr. KILDAY asked and was given per­ The SPEAKER laid before the House expire for some time, there is no need mission to address the House for 15 min­ the following veto message from the for enactment of this legislation, insofar utes today following the legislative pro­ President of the United States: as they may have claims for breach of gram and any special orders hereto!ore contract. The reason for inclusion of To the House of Representatives: the parent company in the bill as a entered. I return herewith, without my ap­ claimant is not clear, as its connection COMMUNICATION FROM THE CLERK OF proval, the enrolled bill and for other purposes; and ity to acquire material and equipment mean that claimants should recover H. R. 8219. An act for the relief of Tadeusz under the priority system which pre­ all out-of-pocket losses su:ffered in the Herka. vailed during the contract period caused performance of these contracts, whether On September 8, 1950: substantial losses to the contractors. or not such losses were directly trace­ H. R. 3919. An act for the relief of John S. However, insofar as the prime con­ able to the Government's fault, the limi­ Steber; tractor and subcontractor are concerned, tation is clearly unfair to the Govern­ H. R. 6832. An act for the relief of Choko there already exists a judicial remedy ment and to the countless other con­ Nishida; for breach of contract under section 1491 tractors who have lost money on con­ H. R. 7454. An act for the relief of Robert of title 28 of the United States Code, tracts not as the result of breaches on C. Watters, Mrs. Martha L. Watters, C. E. under which the Court of Claims pos­ the part of the Government. If it is Nivens, E. 0. Nivens, and the estate of J. W. sesses jurisdiction to entertain suits intended to limit claimants' recovery in Gillum, deceased; predicated on Government contracts. It damages, directly traceable to the Gov­ H. R. 8726. An act to amend the Tariff Act is and has been for a number of years ernment's fault, merely to out-of-pocket of 1930 to exempt from duty sound record­ standard practice for the Court of losses, it is equally unfair to claimants ings for news broadcasts and in connection Claims to entertain suits brought by since it restricts them within narrower with moving-picture news reels; and limits than prevailing law and current H. R. 9176. An act to establish a system of prime contractors with the United States priorities and allocations for materials and for and to the use of subcontractors practice permit. facilities, authorize the requisitioning there­ where the subcontractor has been in­ In view of these considerations, I am of, provide financial assistance for expansion jured through a dereliction of the Gov­ constrained to withhold my approval of productive capacity and supply, provide for ernment and where the prime contractor from the bill. price and wage stabilization, provide for the is obligated to reimburse the subcon­ H ARRY S. TRUMAN. settlement of labor disputes, strengthen con­ tractor there!or ring subjects, includ­ testing the applicant's knowledge of funda­ shall hold office until the expiration of the ing mathematics and the physical sciences, mental engineering subjects, including term for which such member is appointed and those matters which will test the appli­ mathematics and the physical sciences. or until a successor shall have been duly ap­ cant's ability to apply the principles of en­ pointed and shall have qualified. The Com­ gineering to the actual practice of engineer­ ( d) Registration of non citizen profes­ missioners may remove any member of the ing; or sional engineers: To register as a professional Board for incompetency, misconduct, neg­ (4) has completed an approved secondary. engineer any person who is not a citizen of lect of duty, or for any sufficient cause. An school course of study or equivalent and has the United States, who is of good character appointment to fill an unexpired term of the had 12 or more years of combined education and repute, at least 25 years of age, and Board shall be made within 3 months after and experience in engineering of a grade and speaks and writes the English language, if the vacancy occurs, and shall be for the character satisfactory to the Board and in­ such person submits evidence, of a grade period of such unexpired term. dicating that he is qualified to assume re­ and character satisfactory to the Board, that he is an engineer of established and recog­ SEC. 6. Compensation of members of sponsible char ~ e of the work involved in the !Board: Each member of the Board shall be practice of engineering, and who successfully nized standing in the profession of engineer­ entitled to receive such reasonable compen­ passei; a written, or written and oral, ex·am­ ing in his own country, and who submits cer­ sation for his services as may be determined ination prescribed by the Board for the pur­ tification as to character and qualifications by the Commissioners not to exceed $25 per pose of testing the applicant's knowledge of from at least two professional engineers of day for each day he may be_ actually engaged fundamental engineering subjects, including the District of Columbia. Such registration upon business pertaining to his official duties mathematics and the physical sciences, and shall entitle the holder to engage in the as such Board member. those matters wbi.ch will test the applicant's practice of engineering only for the duration SEC. 7. Board meetings and organizations: ability to apply the principles of engineering of and in connection with a specific project The Board shall hold a meeting within 10 to the actual practice of engineering; or for which it was granted, and shall be sub­ days after its members are first appointed (5)submits evidence that he is an engi­ ject to annual renewal and to suspension and thereafter shall hold at least two regular neer of established and recognized standing or revocation as registration granted as meetings each year. The Board shall elect in the engineering profession and that he otherwise provided in this act. Engineers annually from its members at least the fol­ has been lawfully engaged in the practice of to whom such temporary registration has lowing officers: A Chairman and a secretary­ engineering for 1~ or more years, of which at been granted shall be separately listed in the treasurer. A quorum of the Board shall con­ least 5 years shall have been in responsible roster. sist of not less than three members, and no charge of important engineering work of a (e) Application form: To require all candi­ action shall be taken without three mem­ grade and character satisfactory to the d ates for registration as professional en­ bers in accord. Board. A person may be registered under gineers to file with the secretary-treasurer of SEc. 8. General powers of Board: The this st·bdivision without examination; or the Board a written application on a pre­ Board shall have power: (6) submits evidence that he was a resi­ scribed form and accompanied by the re­ (a) Approval of institutions: To investi­ dent of the District of Columbia, or that he quired fee. Such application shall contain gate and to approve those institutions that was engaged in the practice of engineering in statements made under oath, showing the provide and maintain satisfactory standards the District of Columbia, prior to the date applicant's education, detailed summary of for the education of students desiring to en­ this act was approved and for 1 year imme­ his experience in engineering work, and the gage in the practice of engineering. diately preceding the date of his application, general field or fields of engineering in which ( b) Registration of professional engineers: and submits evidence of experience in engi­ he has his principal activity, and .shall con­ To register as a professional . engineer any neering, of a grade and character satisfactory tain not less than five references, of whom person of good character and repute who is to the Board, indicating that he is qualified three or more shall be engineers having per­ a citizen of the United States, at least 25 to assume responsible charge of the work sonal knowledge of his engineering training years of age, and who speaks and writes the involved in the practice of engineering, • and experience. English language, if such person- Regist ration shall not be granted under the (f) I nvestigation of applications; deter­ ( 1) holds a license or certificat e of regis­ provisions of this subdivision unless the ap­ mination of qualificat ion and competency tratior.. t o en~1g e in the pract ice of engineer­ plicat ion therefor is filed with the Board of applicants: To investigate the allegations ing issued to h im by proper aut hority of a wthin 1 year after the date of enactment of contained in any application for registration St ate or Territory of the United St ates in this act. A person may be registered under as a professional engineer in order to deter­ whi::h the requirements and qualifications this subdivision without examination. mine the truth of such allegations, and to for obtaining such license or registration are The requirement of this subsection of determine the competency of any person ap­ reasonably equivalent in the opinion of the residence or practice of engineering in the pl1'ing for a registration to assume re­ Board to the standards set fort h in this act. District of Columbia for 1 year immediately sponsible charge of the work involved in the A person may be r egistered u nC:er this sub­ preceding the date of application shall not practice of engineering, such competency to division w ~t l1 o ut c~3::-..1in ation; or be applied to applicants who were on active be determined by the i:;:rade and character of 1950 CONGRESSIONAL RECORD-· HOUSE 14559_ the engineering. work actually performed. (h) Certificate of registration; form and registration may be renewed at the discre­ Any person having the necessary qualifica· execution; expiration; duplicate certificate; tion of the Board for periods not in excess tions prescribed in this act to entitle him to· biennial renewal of registration; renewal fee; of 1 year upon application therefor and registration or certification shall be eligible penalty for delayed renewal: To issue a cer• payment of the annual renewal fee. therefor, although he may not be practicing tificate of registration and a pocket regis­ (j) Certificate as engineer-in-training: To his profession at the time of making his tration card to each professional engineer prescribe and to issue a certificate, attested application. Evaluation of experience in granted registration under the provisions of by its seal and signed by the members of the engineering shall be based upon the ap­ this act. The certificate of registration shall Board, to any applicant who in the opinion plicant's knowledge of the fl,lndamental en­ authorize the registrant to practice as a of the Board has satisfactorily met all the gineering subjects, which shall be broad in professional engineer, show the full name of requirements of this act for certification as scope and of a nature to develop and mature the registrant, have a serial number, and be ail engineer-in-training. the applicant's engineering knowledge and signed by the members of the Board under (k) Roster of registrants: To keep a roster judgment. In considering the qualifications the seal of the Board. The pocket registra­ of all professional engineers registered under of an applicant who has graduated in en­ tion card issued with the certificate shall this act, showing the registrant's name, place gineering from an approved institution; each show the full name and registration number of business or employment, registration num­ year, but not exceeding 2 years, of successful of the registrant, state that the person named ber, and the general field or fields of engi· postgraduate study in engineering, and each therein has been granted registration to neering in which registrant qualified to prac­ scholastic year, in excess of 4, of an approved practice as a professional engineer for the tice, and a roster of engineers-in-training 5- or 6-year engineering curriculum, and period ending on the 31st day of October in certified under this act. These rosters, to­ each year of teaching engineering subjects, the second year of the then current biennial gether with other information deemed to be in an approved institution may be considered registration renewal period, and be signed of interest to the engineering profession, as equivalent to 1 year of experience in by the chairman and the secretary-treasurer shall be published in boo~let form by the engineering. In considering the qualifica­ of the Board; to provide for and regulate the Board on the 1st day of March of each even tions of an applicant who is an under­ renewal of registration of professional year, beginning with 1952, or as soon there­ graduate in engineering, or who has grad­ engineers registered under this act. On or after as practicable. The Board shall also, uated in a curriculum other than engineer­ before the 1st day of August 1952, and upon the 1st day of March of each odd year, ing, from an. approved institution; each biennially thereafter, the secretary-treasurer beginning with 1953, or as soon thereafter as equivalent year of approved engineering of the Board shall mail to every professional practicable, publish a supplemental roster of education, as determined by evaluation by engineer registered under this act a blank all registered professional engineers and cer­ the Board of the educational records sub­ application for biennial renewal of registra­ tified engineers-in-training. Such published mitted, may be considered as equivalent to tion, addressing such application to the last rosters shall contain at the beginning thereof 2 years of combined education and experience known post-office address. Upon receipt of the words: "Each professional engineer re­ in engineering. Experience in engineering such application blank, a registrant shall ceiving this roster is requested to report to gained under the supervision ot a profes­ execute and return the application for his the Board the names and addresses of any sional engineer or similarly qualified en­ biennial registration renewal card to the persons known to be engaged in the practice gineer, and experience in engineering gained Board together with the biennial registra­ of engineering in the District of Columbia. subsequent to the attaining of an equivalent tion renewal fee of $2. Upon receipt of such whose names do not appear in this roster. of the minimum requirements for certifica­ application and renewal fee the Board shall The names of persons giving such informa­ tion as an engineer-in-training, of a grade issue a pocket registration renewal card tion shall not be divulged." Copies of these and charactei: satisfactory to the Board, shall which shall show the full name and regis­ rosters shall be mailed or otherwise sent to be given full credit. In any case when the tration number of the registrant, be signed each registered professional engineer and en­ evidence presented in the application does by the chairman and secretary-treasurer of gineer-in-training and be furnished to other not appear to the Board conclusive nor war­ the Board, and state that the person named persons upon request. ranting the issuance of a certificate of regis­ therein has been granted registration to (1) Official seal; minutes and records: To tration or a certificate as engineer-in-train· practice as a professional engineer for the adopt and have an official seal, and to keep ing without examination, the applicant may period beginning November 1 in the year of minutes and records of all its transactions be required to present further evidence for issue and expiring on the 31st day of October and proceedings, and a complete record of the consideration of the Board, and may also in the second year following. Application the credentials of each applicant and regis­ be required to pass an oral or written exam­ shall be made biennially on or before the trant. A transcript of an entry in such min· ination, or both, as the Board may deter­ 1st day of November, and if not so made an utes and records, certified by the secretary­ mine. Whenever the Board determines additional fee of $1 for each 30 days' delay treasurer under the seal of the Board, shall otherwise than by examination that an before the 1st day of November, and up to l;>e prima facie evidence of the original entry applicant has not produced sufficient. evi­ the 1st day of March following shall be added in such minutes and records. dence to show that he is competent · to to the current biennial registration renewal (m) Member of National Council of State assume responsible charge of the work in­ fee to be paid upon renewal; to issue a. Boards of Engineering Examiners; dues: To volved in the practice of engineering, and duplicate certificate of registration to replace become a member of the National Council of shall refuse to examine or to register such a certificate lost, destroyed, or mutilated, State Boards of Engineering Examiners and applicant, it shall set forth in writing its subject to the rules of the Board, and to pay such dues as said council shall estab­ findings and the reasons for its conclusions, upon payment of the prescribed fee. The lish, and to send a delegate to the annual and furnish a copy thereof to the applicant. issuance of a certificate of registration by the meeting of said council and to defray his rea­ · (g) Examinations: To prescribe the Board shall" be presumptive evidence in all sonable and necessary expenses. scope, manner, time, and place for the ex­ courts and places that the person named (n) Administrative rules and regulations: amination or· applicants for registration as therein is entitled to all the rights and employees: To adopt, amend, rescind, pro-· professional engineers, to provide for the privileges of a registered professional mulgate, and enforce such administrative conduct of and to conduct such examina­ engineer - while said certificate remains rules and regulations not inconsistent with tions, and to make written reports of such unsuspended, unrevoked or unexpired. this act as are deemed necessary and proper examinations. The prescribed examinations (i) Certificate of registration to a non­ by the Board to carry into effect the powers shall be written, or written and oral, and citizen; form and execution; expiration; re­ conferred by this act. To employ such cleri­ designed to permit an applicant for regis­ newal of -registration; renewal fee: To issue cal or other assistants as are necessary for the tration as a professional engineer to take a special certificate of registration and pocket proper performance of its duties. The regu­ the examination in. two stages. The first registration card to every noncitizen pro­ lar annual employees of the Board shall, for stage of the examination shall be designed fessional engineer granted registration under the purpose of laws relating to compensa­ to test the applicant's knowledge of funda­ the provisions of this act. The special cer­ tion, classification, retirement, and leave, be mental engineering subjects, including tlficate of registration shall authorize the employees of the District of Columbfa. The mathematics, physical and applied sciences, registrant to practice as a professional engi· Board may at Its discretion fix and change properties of materials, and the principles of neer in connection with a specific project, from time to time, without reference to the show the full name of the registrant, have a Classification Act of 1949, the compensation engineering design. Satisfactory passing of registration number, and be signed by the this portion of the examination shall con­ of employees of the Board employed on a. members of the Board under the seal of the temporary or part-time basis. stitute a credit for the life of the applicant Board. The special pocket registration card or until he is registered as a professional (o) Enforcement of laws; investigations; issued with such certificate shall show the attendance of witnesses; production of books engineer. The second stage of the examina­ full name and registration number of the and papers; subpena procedure; witness fees: tion shall be designed to test the applicant's registrant, state that the person named To enforce the provisions of this act, to in­ ability to apply the principles of engineering therein has been granted temporary regis­ vestigate for unauthorized and unlawful to the actual practice of engineering in the tration to practice as a professional engi.. practice, to employ such persons as it may field of engineering in which he has indi· neer, state the specific project in connection deem necessary to assist in the investigations cated his principal activity. An applicant with which the special registration is and prosecutions incident to enforcement, to fa111ng to pass an examination may apply for granted, the period for which· it is grail.ted, require the attendance of witnesses and the reexamination at the expiration of 6 months not to exceed 1 year from the date of issue, production of books and papers, and to re- · and wm re reexamined upon payment of the and be signed by the chai~man and secre­ quire such witnesses to testify as to any and prescribed fee. tary-treasurer of the Board. Temporary all matters within its jurisdiction. The 14560 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 11 Chairman and secretary-treasurer of the hearing · has been continued, and the place . or by a person who has recently become a Board shall have power to issue subpenas, at which it is to be held. resident of or has recently entered the prac­ and each shall have authority to administer ( c) · The Board shall preserve. a complete tice of engineering in the District of Colum­ . oaths. Upon the failure of any person to at­ record of all proceedings at the hearing of bia, and who has filed with the Board an tend as a witness when duly subpenaed, or any case wherein a certificate is refused, re­ application for registration, if such person is to produce documents when duly directed by voked, or suspended. The notice of hear­ registered or licensed to engage in the prac­ said Board, the Board shall have power to ing, complaint, and all other documents in tice of engineering in a State or Territory in refer the said matter to any justice of the the nature of pleadings and · written mo­ which the requirements and qualifications United States District Court for the District tions filed in the proceedings, the transcript for obtaining a license or registration are of Columbia, who may order the attendance c-f'. testimony, and the orders of the Board reasonably equivalent to those specified in of such witness, or the production of such shall be the record of such proceedings. The this act. Such practice shall be permitted documents, or r~quire the said witness to Board shall furnish a transcript of such rec­ only for such time as the Board requires for testify, as the case may be, and upon the ord at cost to any person interested in such the consideration of the application. failure of the witness to attend, to testify, or hearing. ( d) The performance of engineering work to produce such documents, as the case may (d) If, after completion of the hearing, by any person who acts under the super­ be, such witness may be punished for con­ the Board shall be of the opinion that the vision of a professional engineer, or by an tempt of court as for failure to obey a sub­ accused is guilty of the charges, or any of employee of a person lawfully engaged in pena issued or to testify in a case pending them, the Board· shall issue an order refus­ the practice of engineering, and who, in before said court. Witnesses who have been ing, suspending, or revoking the certificate. either event, does not assume responsible subpenaed by the Board, and who testify if Such order shall be served upon the accused charge of design or supervision. called upon, shall be paid the same fees that' person either personally or by mailing it by ( e) The practice of engineering as a con­ are paid witnesses in the United States Dis­ registered mail to the address specified by sultant, officer, or employee of the Govern­ trict Court for the District of Columbia. the accused person in his last notification to ment of the United States or the government (p) Refusal, suspension, and revocation the Board. of the District of Columbia while engaged of certificates: To refuse to issue a certifi­ ( e) Any person aggrieved by the action of solely in such practice for said governments. ~ate to any person, or to suspend or revoke the Board in refusing, suspending, or revok­ (f) The practice of any other leeally recog­ the certificate of registration of any pro­ ing a registration or certification or by any nized profession. fessional engineer or the certification of any other action of the Board, which is alleged (g) The practice of engineering exclusively engineer-in-training issued hereunder if to be improper, unreasonable, or unlawful as an officer or employee of a public-utility such person- · may appeal from such action of the Board corporation (act Mar. 4, 1914, 37 Stat. 974, ( 1) has been convicted of a felony; to the United States District Court for the ch. 150, sec. 8, par. 1) by rendering to such (2) has been found guilty of deceit, mis­ District of Columbia. corporation such service in connection with representation, violation of contract, fraud, (f) Appeals from suspension or revocation its facilities and property which are subject or gross incompetency, in his practice; of registration and certification must be tak­ ~o supervision with respect to safety and en within 30 days after such refusal, suspen­ security thereof by the Public Utilities Com­ (3) has been found guilty of fraud or de­ mission of the District of Columbia and so ceit in obtaining his registration or certifi­ sion, or revocation. In the case of appeals from other actions of the Board, the appeal long as such person is thus actually and ex­ cation; clusively employed and no longer: Provided, ( 4) has aided or abetted any person in the may be taken at any time by the person ag­ grieved by such action. No such action shall however, That each such public-utility cor­ violation of any provision of this act; poration shall employ at least one registered (5) has violated any provision of this act;· act as supersedeas unless specially allowed by the court. professional engineer who shall be hi respon-· ( 6) has been declared insane by a court of sible charge of such engineering work. competent jurisdiction and has not there­ (g) Proceedings shall be conducted ac­ (h) The practice of architecture by a per­ after been lawfully declared sane: cording to the Rules of Civil Procedure for son authorized to use the title of architect or (q) Reissuance of revoked certificates: To the United States District Courts and the registered architect under the provisions of reconsider the application of any person appeal shall be heard by the judge or judges the Architect's Registration Act, approved whose application has been refused or to of the court without a jury. The court shall December 13, 1924, and as amended, and his reissue a certificate of registration to any affirm the decision of the Board, unless it doing such engineering work as is incidental professional engineer or a certification to shall find the same is in violation of the to his architectural work. any engineer-in-training whose certificate constitution rights of the appellant, or is (i) The construction or alteration of a has been revoked for reasons the Board not in accordance with law, or was made building that does not cover.over 1,000 square deems sufficient, upon payment of the pre­ upon unlawful procedure, or that any find­ feet of ground area and does not have a scribed fee for such reissuance. ing of fact made by the Board and necessary height of over 20 feet to the uppermost ceil­ SEC. 9. Complaints; hearings; proceedings; to support its adjudication is not supported ing, or two habitable floors above a base­ appeals: (a) The Board may upon its own by substantial evidence. If the adjudica­ ment. motion, and shall upon the sworn complaint tion of the Board is not affirmed the court (j) The execution of construction work as in writing of any person setting forth charges may set aside or modify it in whole or in a contractor, or the superintendence of such which would constitute grounds for refusal, part, or may remand the proceedings to the construction work as a foreman or superin­ suspension, or revocation of a certificate, as Board for further disposition in accordance tendent, or the work performed as a sales­ set forth in section 8 (p) of this act, inves­ with the order of the court. man of engineering equipment or apparatus. tigate the acts of any person holding or (h) Either party may appeal from the de­ (k) The operation or maintenance of boil­ claiming to hold a certificate. All charges, cision of the United States District Court for ers, machinery, or equipment when the op­ unless dismissed by the Board as unfounded the District of Columbia to the United States erators are duly licensed under the pro­ or trivial, shall be heard by the Board within Court of Appeals for the District of Columbia visions of the act of Congress entitled "An 3 months after the date on which they shall circuit. Any appe~l on behalf of the Board act to regulate steam engineers in the Dis­ have been filed. may be filed without bond. The decree of trict of Columbia," approved February 28, (b) The Board shall, at least 30 days prior the United States Court of Appeals shall be 1887, as amended. · to the date set for the hearing, notify the ac­ final and conclusive. (1) The usual supervision of construction cused in writing, of any charges made, and SEC. 10. Exemptions: Nothing in this act or installation of equipment within a plant shall afford him an opportunity to be heard shall be construed to affect or prevent the under his immediate supervision by a per­ in person or by counsel in reference thereto. following: son ordinarily designated as supervising engi­ Such notice may be served by its delivery (a) The practice of engineering by any neer or chief engineer of power. personally to the accused licensee by the person who, within 1 year after the enact­ SEC. 11. Seal of registrants: (a) Each per­ United ,States marshal in the manner pre­ ment of this act, has filed with the Board son registered under this act may obtain a scribed for service of original process in the an application for registration under this act. seal of a design authorized by the Board United States District Court for the District This exempt.ion shall continue only for such which shall bear the registrant's name and of Columbia, or by mailing it by registered time as the Board may require for considera­ registeration number, the legend "Registered mail with return receipt demanded, to the tion of said application, Professional Engineer," and such other words place of business last theretofore specified (b) The practice of engineering for not ex­ or figures as the Board may deem necessary. by the accused in his last notification to the ceeding 30 days in the aggregate in one cal­ such seal, or a facsimile imprint of same, Board. At the time and place fixed in the endar year by a nonresident not having a shall be stamped on all plans, specifications, notice, the Board shall proceed to hea'ring place of business in the Dintrict of Columbia, and reports by the registrant responsible for of the charges and both the accused and if such person is licensed or registered to the accuracy and adequacy of such plans, the complainant shall be accorded ample engage in the practice of engineering in a specifications, and reports, when filed with opportunity to present in person or by coun­ State or Territory in which the requirements public authorities. sel, such testimony, evidence, and argument and qualifications for obtaining a license or (b) It shall be unlawful for a registered as may be pertinent to the charges or to registration are reasonably equivalent to engineer to affix or permit his seal to be any defense thereto. The Board may con­ those specified in this act. affixed to any plans, specifications, or draw­ tinue such hearing from time to time and Fascism in any garb they put approach to that problem. Our commit­ tee held hearings last year on the Taft­ By the t ime the committee recessed at it. Nazism probably is the most m alignant noon, virtually everybody at the hearing had form and despotism in any shape. You can Hartley law. You will find the record realized Pegler had pulled a HICKENLOOPER. take t hat any way you want t o. of my examination of every witness who Seldom h as a cannon cracker gone off with appeared and who should have had He continued: such a pf-f-t. He u pheld his boast of a "great knowledge of this problem. Finally, this treasure of information" even less than Sen­ Because that includes the despotism of subcommittee was set up, and I was ap­ ator HICKENLOOPER did his charge of "in­ your Raskobs, your DuPonts, Hearsts, and pointed chairman. I conducted these credible mismanagement" against the Atomic who h ave you. I am not a Communist and I hearings. The truth of the matter is Commission.· am not for communism- The man who can roar so loud in print Mr. Pegler comes forth and makes this mumbled his words. The man who is gen­ . He said- statement in the Washington Times­ erally ·conceded to be one of the most articu­ but this idea of forming a Farm Labor Party Herald ,as of June 16, 1949, and it was late writ ers of our day talked in a rambling to put through real social legislation and called to my attention. He boasted that and incoherent fashion. The man who seems progressive policies in government is a good · he had all the information we needed. so bellicose to minions of readers was as mild thing. .. Now, of course, if I had not subpenaed as a sucking dove. That is Westbrook Pegler speaking in him before the committee he· would still His suitcase~presumably the source of be harping on my failure to do so. He some of his treasure of information-turned the Communist Daily Worker on June 19, out to contain mostly old Pegler columns 1936. would, with righteous indignation and and union constitutions. Now, let us continue. We have heard time without end, remind you that I had much recently about Communist front ·refused to accept his offer to help the Even the Indianapolis Star, which has organizations. Let us observe the con­ subcommittee with information. Since never supported me and carries his tribution this great man Pegler has I did subpena him before the committee column, wrote editorially: made to the idea of a front organization he tried to make something else out of it. ANDY takl".s round 1. for Communists. Therefore, I am going to refer to his appearance before this committee. I say I do not know how I took round 1. I Reading from the same story in the · just sat there and let him knock himself Daily Worker Pegler says: to you that I did not do anything to him. If anything was done to him he did it out. Cali it any name you want to, People's The Indianapolis Star said: Party, American Party, Progressive Party, or to himself. Farm Labor; but go ahead and form one. When he appeared before the subcom­ Pegler revealed nothing new. mittee, and this is from the record, I The only newspaper in the United That is what he told the Commies in asked him this question: 1936. And if you doubt that, there is a States that I know of that took a little photostatic copy of the page which you Mr. JACOBS. Mr. Pegler, according to the different view of the matter was the Fort Times-Herald, on J une 16, 1949, you are -re­ Wayne News Sentinel. Now, the Fort may read. Now continue following his ported as having written: mental metamorphosis: On June 21 Wayne News Sentinel generally comes "Mr. JACOBS, of Indianapolis, doesn't need out on time. Once in a while it is a lit­ 1949, in the Washington Times-Herald: to waste an other dollar of our money inves­ Mr. Pegler had this to say: t igating. The story is all in the evil record tle late because they cannot go to press until they read the Chicago Tribune. There may never be any way discovered to amassed by .those three southern gentlemen equalize the individual worker wit h the · and for more sordid details and embellish­ The Fort Wayne News Sentinel had this soulless corporation short of outright fas­ ments JACOBS need only ask me." to say editorially at the time Mr. Pegler cism. Do you acknowledge authorship of that? was called before the· committee: Mr. PEGLER. I do; yes. A. JACOBS has forgotten all about such a On the 15th of September 1949 he pub­ Mr. JACOBS. You have the undivided atten­ thing as discretion being the better part of lished a column in the Indianapolis Star tion of this committee. Proceed. valor, and h as decided to take on the bril­ which reads as follows: I am not going to say how well he did liant columnist and scorching debater, West­ Westbrook Pegler says we should have old­ or how poorly he did, but I am going to brook Pegler. !ashioned vigilantes. For Pegler it will be-just another one of call as witnesses his fellow journalists those things. For J ACOBS-a blistering bap­ Dear hearts and gentle.people! who were present and who heard him tism of fire the like of which no rookie Now, I want to comment on his com­ and I will let them give testimony as t~ Congressman has experienced. plaint about what I did to him. The whether or not he had a great treasure truth of the matter is I did nothing to of information as he said he had and Now, after the newspapers had re­ him. On June 16, 1949, there appeared how well he did toward helping us. ported what occurred, as I just read, in the Washington Times-Herald a Let us call the Washington Star. Here the Fort Wayne News Sentinel comes out column by Mr. Pegler in which he said: is the headline: editorially and says: Mr. JACOBS, of Indianapolis, does not need Pegler hurls epithets from stand, but fails Mr. Eegler is rightfully resentful of the to waste another dollar of money investigat­ to satisfy hearing. Uses "thief," "murderer" treatment accorded him by the Hoosier Con­ ing. The story is all in the evil record at House labor probe; balks at giving names. gressman. amassed by these three southern gentlemen Now, from the Washington Star story The only treatment I accorded him, and for more sordid details and embellish­ which he is still complaining about, was ments JACOBS need only ask me. · is this quotation: Mr. Pegler testified for an hour and a half that we called him before the committea What was that in reference to? As and gave the committee largely a rehash of to give the testtmony and the informa­ most of you know, I was chairman of a . some of the cases involving misdeeds of union tion which he himself said he had. If subcommittee Investigating undemo­ leaders which over. recent years have been we had not done so we would be blistered cratic practices in labor unions. We had printed in his columns. today for having ignored his offer. conducted an investigation of the Inter­ Now, let us call the New York Herald Now I take up the column that occa­ national Pressmen's Union, as a result of Tribune. Here is the headline: sioned these remarks in the first place. which we disclosed that the deceased Of course, everyone in my district knows president of that union had misappro­ Inquiry finds Pegler's data on unions hazy. that when I was elected to Congress I priated close to a million dollars from Mr. Pegler is quoted in the story as say­ closed my law office. I had good reasons the treasury of that international union. ing, and he did say, after having made for doing so. Every man is the keeper I had felt for some time that I under- this boast and after having had the sub- of his own conscience. He knows wbat 1950 CONGRESSION~L ~ECORD-HOUSE 14563 he thinks he should do, and I know from good. It was none of their business, :tio power to give them redress, that we experience and observation how easy it anyway. So we agreed to do that, and were only investigating for the purpose is to camouflage a bribe and make it look apparently they did so at the bank. of getting information, to enlighten us lil{e a lawyer's fee. For that reason I I am not going to ·tell how I got hold on legislation. felt that I should not be connected with of it, but I heard o: that detective's re­ When Mr. Pegler came down to testify the law practice in any way. And I am port later. · It faithfully reported my there was a lady who appeared. I do not. supposed affluence. Of course it is awful not know whether he brought her or It was not very long after I came down that I made a fee, for I am only a Demo­ whether she just chanced to be there. here until I saw how wise that decision crat. Bill had lawyers all across the I think he brought her because he said was, because that little law office that I country, lots of them, including the she just chanced to be there. But that occupied back there for 21 years before great Charles Tuttle, of New York. He is neither here nor there. It is not im­ I was elected to Congress was rented by tasted the dust also. He also talks too portant. She had had an argument with a firm of lawyers. They were new men much. We took some depositions one her union over a $21 assessment which who came in and took over my office. time and big Bill had so many lawyers she said was illegally levied. It did pre­ Because of the fact that I had been in that when we got through I got up and sent a legislative question. Under the that office people figured; "Well, that is said, "Gentlemen, I know of no meeting Federal law as it exists today the assess­ still Jacobs' office." These lawyers were of the American Bar Association I have ment was not illegal, but it did present offered business that I had never heard enjoyed more than. I have this." Most a legislative question, in prospect. She of before and of course never would have of these lawyers enjoyed the joke. But gave us the whole story on this assess­ heard of if I had not been elected to not Mr. Tuttle. You see he did not ment, all the information there was. We Congress. It took some pretty straight think the other fellows were lawyers­ listened to her through all the details. talk to make them understand that I that is compared to him. But anyway Then she said she wanted her $21 back. was not connected with that law office, the private eyes reported to big Bill very Well, I explained to her, as I stated a my name was not on the door, and I had faithfully the "baloney" that we had fed moment ago, the functions of a legisla­ nothing to do with it. Pegler knows that them. I gradually forgot the mysterious tive committee. I explained to her that that is the truth, as does every lawyer $300,000 as you do a pleasant dream. we could give her no redress whatever. and most people in the Eleventh Indiana The next time I learned that I had But she did not understand it. I do not District. made the $300,000 in 2 years was from a say that she lacked intelligence, but the Just to give you an idea about this Westbrook Pegler column, who just a fact is she just did not understand what fellow Pegler, when he came up before few days before, and obviously after he I was trying to explain to her, and she this subcommittee he testified that he · ·had written the column, had sworn that still insisted that she wanted her $21 had no connection or contact directly he had no contact whatever with Bill back. I began to think it m,ight pay me or indirectly with William L. Hutcheson, Hutcheson. Of course it is very obvious to give her the $21 so that we could go who is president of the United Brother­ that he did not tell the truth, because ahead with the hearing. hood of Carpenters and Joiners Union he would not have hit that false figure I did explain to her, with language as of America. Yet within a matter of a by chance. simply as I could in several different ways day or two a Pegler column appeared­ There are jtist two examples of his that we could not do anything for her­ and the column must have been written technique that I want to bring to your that she was helping us and giving us at the time he made that statement. In attention. He kicks this $80,000 fee information. And no person other than it he said, and many of you read it, that around again. We have talked about Pegler would say I did not treat her I had earned $300,000 in 2 years prac­ that before. It was not $80,000, it was patiently and kindly. That is the whole ticing law. That is one place where I $65,500, and I think I earned it more story, as the record will disclose. We wish the man's statement had been true. dearly than I did many other fees that told witriess after witness that we could Unfortunately, for· me it is not true, but I received. However, that is my private not do anything for them, because it was it is very significant under circumstances business. And my clients were well our duty to do what we were doing but I will relate. It is very significant, when satisfied, not only the officers but the we were not a court and had no power to I tell you a little incident in connection rank and file. redress wrongs. I suppose I wrote a with that story. As i have said, most of us believe in thousand letters telling people the same I did a good deal of lawing with Big private initiative, and I had some initia­ thing. But here is what Pegler has to Bill Hutcheson. I was there practicing tive and I worked at it when I was prac­ say about it: law, and I turned him over the barrel a ticing law. couple of times, and always came out But Pegler goes on to comment that I tested them with one case. A woman pretty well. Large Bill does not like me. I had said I had. quit pr.acticing law got up .and squealed on Dave Dubinsky'& He is my neighbor out in Indianapolis. when I came to the Congress. Then he union, and gave all the details. We live in the same general neighbor­ said, and you can see this is the art of At least that demonstrates that we h.ood. But we did a good deal of lawsuit­ deceiving without lying; he does not say listened to the evidence. We heard all ing, and Bill was not pleased with re­ that my statement is not the truth, oh, the evidence. sults. So Bill figured that he might be n'o, but he intends to plant that in the · The column reads further as follows: able to scratch up some skeleton in a mind of the reader by saying, "Had I That case la.ter proved to be perfect when tucked-away closet, and .he hired a firm known as much then as I know now I she went to the small claims court in New of detectives over here in Washington to would have gone right ahead and loaded York and licked Dubinsky and his high­ investigate me. the record." Of course, he might as priced lawyers and made them pay back the Understand, I am just a Hoosier law­ well have said to the people that, "This money which the union had withheld. But yer out in Indianapolis, born and raised statement of JACOBS is· false." JACOBS gave her the brush-off, which con­ in Indiana. For the fee he paid them I got a big return on this column when vinced me that he was not interested in I would have been glad to write him an it was published. There was one man in protecting the so-called little people. autobiography and write it accurately, my district who sent it to me and asked Now, listen to what he has to say: too. Nevertheless, he hired a firm of me what about it. I think all the rest of During this kangaroo court you might have detectives from Washington, D. C., to them knew that it was not true. But thought I was on trial. investigate me. here is the next example of the tech­ . One day I got a call from the bank. nique. All of you gentlemen who are Now, the truth of the matter is that all They said there were some private eyes Members of Congress have had experi­ this happened exactly as I have told you. over there, trying to get some informa­ ence on committees. There are people I had to explain to the woman that we tion, and they wanted to know what to who appear before committees who think could not do z..nything for her, and so far do about it. I said, "Just feed them they have been wronged. Ofttimes they as Pegler being on trial is concerned, if he something, it does not make any differ­ are unable to distinguish between the was on trial, he put himself on trial. He ence. Just tell them anything.'' We functioning of a congressional committee was given every opportunity to tell every­ agreed we would tell these private detec­ and the obligations and duties of a court. thing that he knew, and I am just saying tives that I had banked $300,000 in the Time after time as this committee sat we what the press said; that he did not tell last 2 years. I wanted to make it look had to explain to witnesses that we had anything; that he was. a dud; a fact 14564 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 11 which is becoming pretty .common the Committee on Labor in the Eightieth house; he looked up and he said he was knowledge. Congress, which constructed the Taft­ ready for some questions. I said for him Now, there are two of the techniques Hartley Act. I am not a Johnny-come­ to proceed in his own way, .and he im­ of this fellow Pegler. It is some of the lately on the thing. I have been for it mediately bogged down because he did technique of a lot of journalists. You for years. But when I try to construct not have anything to say. But after he remember the other day I put in the such legislation, who is it that makes the had mumbled around during a portion RECORD an analysis of the columns and most bitter attack on me? It is Fulton of the afternoon I asked him what rem­ broadcasts of Pegler, Pearson, Winchell, Lewis, Jr., and Westbrook Pegler. May­ edy he suggested for the evils in union­ and Fulton Lewfs, Jr. You remember one be they think they will be put out of ism. He looked surprised; a sort of a of my colleagues from Indiana registered work if we should correct some of the vacant look came over his face. temporary objection, and then withdrew evils out of which they have made for­ He had that look on his face that I his objection. So the Indianapolis Star, tunes. But it is a strange thing indeed always imagined the lawyer had when a great newspaper in my district, came that this fellow Pegler who for years has he told the story about the great law­ out with an editorial entitled "Congres­ been making fortunes pecking out two­ suit he had tried. This lawyer said it sional Appendicitis," and it recom­ fingered drivel, salable only in the mar­ was a whopping lawsuit; he said, "It took mends, and I just want to pass this ket places of hate and directing this 30 days for us to put in the evidence." recommendation on to you gentlemen be­ drivel at the abuses in the labor unions, He said, "My argument to the jury lasted cause you may want to follow it, that we should attack me, the first man, so far for 16 hours, and the judge's charge to abolish the Appendix of the RECORD. as I know, who has ever served in the the jury took 5 hours, and the jury was They are mild in their criticism. They Congress of the United States who has out three days before they returned their do not say anything too bad about me. taken the particular approach that I verdict." He stopped, and his compan­ They say I only did what almost every have to protect the little fellow who is ion asked: "Well, what did they do to other Member of Congress does, and it a member of the union. That is to in­ your client?" He said: "What? Oh, my just ought to be cut out. sure that he may exercise his right of client. Oh, him. Well,'' he said "they . Well, now, let me tell you something. free speech and voice in union affairs, hung him; but I did make them hesi­ Rec.ently the Indianapolis Star wrote an and not be tossed out of the union on his tate." When Pegler had got through editorial and put it on the front page . ear. I wonder why that is? I did not do and said all that he had to say-which of the paper. It was two columns wide anything to Westbrook Pegler. Maybe according to his fellow journalists was and the full length of the front page, I have here today-I hope I have. I hope about nothing-and I asked him: "What They sent that to every Member of Con­ I have disclosed to some extent his tech­ would you suggest by way of remedy?", gress from Indiana as well as to the Sen­ nique of how he attempts to deceive the 'he had that look on his face that the ators. How many times do you think public without engaging in technical lawyer had when they asked him what that was duplicated in the Appendix of falsehood. But I did not do anything to they did with his client. He had never the RECORD? There are some who curry him; if Westbrook Pegler had any quar­ even thought about it. In fact he prob­ favor with the Star, you know, so each rel his quarrel was with humanity, or ably thought it would be terrible if we one of those folks stuck that editorial perhaps with the Creator of all of us did find a remedy. That would put him in the RECORD. This Star editorial did who did not give human nature perfec­ halfway on unemployment, with only not say a word about that. No objec­ tion. After all, he seems to be annoyed the job of kicking at F. D. R.'s tomb­ tions. But JACOBS did not put that edi- . and vexed with humanity, and he seems stone. torial in the RECORD. I will tell you that to think that the Lord did a mighty bum Now, that is the truth of the matter. right now. But I addressed myself to the job in creating· every human being on Mr. Speaker, I regret imposing on your people back home on the radio, and I earth except Pegler. time in making this statement. But I told them what I thought about the edi­ I did not have any quarrel with the think it is about time that some of these torial. The publisher is a good friend News Sentinel, nor Pegler, nor Fulton people who become so adept at the art of mine. It makes no difference to me. Lewis. I was just trying to do my job as of deceiving without lying have the veil I told him the last time that I was home, best I could, only to be beset by this fel­ they draw around themselves punctured talking to him about this thing: "I just low Fulton Lewis, Jr., who, incidentally, and whipped away so that we may see want you to know one thing. I am gives full-page ads in papers endorsing them in their true light.- I am happy, strictly impartial. I will scrap with you liquor, the drinking of whiskey, this Mr. Speaker, to have this RECORD dis­ and your two daily newspapers as quick great Christian gentleman trying to en­ close the mental gyrations that this mail as I will scrap with the Shopping News." courage the young people of this country Pegler's mind has gone through in past No; there was nothing said about that to drink whisky. You know he switched years in arriving at some of the conclu­ Star editorial being duplicated in the to Calvert and became "a man of. dis­ sions that he prints today,: First, a de­ RECORD. tinction,'' or · extinction. And he en­ fense and advocacy of lynching, then ad­ I pride myself some on being attacked courages people to drink whisky and vising the Communist Party to start out by certain journalists. The proudest claims to be a Christian. Shades of Dr. under another name, as a Communist­ item I have was when I was attacked Jekyll and Mr. Hyde. As I told him last front party; and, finally, an outright early this year by the Daily Worker year he might do better if he would advocacy of fascism and old-fashioned itself. I got a photostatic copy of that switch to a little truth se:;:um onco in vigilantes. Who was the great journal­ p·aper because I did not want it to fade a while. I said he would not bungle his ist who referred to his beautiful mansion, out. I want to keep it. But at least I words on his broadcast if he would switch I mean Pegler's beautiful mansion, as try to be reasonably considerate. to drinking water instead of Old Crow; "the house that venom built". He cer­ As most of you know, I have always and if he is not careful he will be eating tainly was right. If men of the ability had a friendly feeling toward labor and crow as a steady diet. The people are of Westbrook Pegler and these other fel­ organized labor, but when any organiza­ getting wise to him. lows had the welfare of their country at tion-I' do not care whether it is a corpo­ But these men like Pegler, and Fulton heart, they would be happy to present the ration or whether it is a uniori, or what Lewis, and Drew Pearson, if they were facts as they are, they would give some it may be-when any organization ac­ interested in trying to correct some of study to what a proper remedy within quires sufficien.t power that it can crush these evils out of which they have made the framework of our Government would the individual, then I think it is subject fortunes, they would not hate someone be without resorting to lynching, old­ to some restraint-some fair and reason­ who has been trying to devise remedies; fashioned vigilantes, and camouflaged or able restraint. That is the kind of leg­ they would not have time for hatred; outright fascism. As of today West­ islatior. I was working on. This is a they would be too occupied with the com­ brook Pegler typifies the school of fas­ strange thing. The members of the plex problems that confront us today in cism, in this country-he is the patron Labor Committee know I . have been an industrial age. saint of everything ugly, mean, low and working on that kind of legislation as And I will say this, that after Pegler cruel that America stands against. pertains to unions. Incidentally, gentle­ had talked before our subcommittee he Westbrook Pegler typifies it. And by ·men, I had correspondence and conversa­ went on for about 7 minutes reading that "fascism,'' what do I mean? I mean by tions with a Senator in the Seventy.. script that he had brought down to the "fascism," if I understand it correctly. ninth Congress. I recommended such committee, and when he finished he ran a· political propaganda by which there is legislation; and I also corresponded with down like an 8-day clock in a haunted an appeal to those w:10 have been sue ...~ 1950 CONGRESSIONAL RECORD-HOUSE 14565 cessful and who have acquired some There is no chance of getting an ex­ The SPEAKER. Is there objection to power by way of the possession of wealth cess profits tax bill through the Congress. the request of the gentleman from Ohio? and saying to them, as I understand it, The Senate is against it, the Secretary of There was no objection. that their power will remain unre­ the Treasury is against it, the President Mr. YOUNG. Mr. Speaker, I concur strained; they may use it to crush out is against it and our staff of the Joint in the remarks made by my colleague competition from the little fellow. As Committee on Internal Revenue says that on the Committee on Ways and Means, against this is the iniquitous philosophy we do not have time to write a workable the gentleman from Pennsylvania. Cer­ of the Communists who off er to those to excess profits tax, one that the commit­ tainly, Mr. Speaker, we on that commit­ whom they appeal, to cut up and divide tee and the Congress can be responsible tee, who hold our chairman in the high­ everything that has been created by the for, before the end of the session. There­ est regard, admiration, and affection, do efforts of others regardless of whether or fore, it is very important and essential not wish to appear to be obstructionist not the individual has contributed any­ for the revenues of the country that are in any degree whatever. However, may thing to the creation of such wealth; or so badly needed at this time that the bill I · repeat the statement made by the whether he has ever demonstrated his go to conference, and that conferees be President of the United States in his capacity to discharge the responsibility appointed to meet with conferees of the radio talk to the people of America just of ownership and management. We had Senate in order that we might work out last Saturday night. The President said to fight the Second World War against the differences between the two Houses this: the extreme Rightists, the Fascists, the and agree upon an interim measure that I believe the Congress should enact fur­ Nazis and while we did it, the Commies will raise this revenue that we need. ther tax legislation as soon as possible. came'forward singing hosannahs. They I trust that my good friends who are Among other things, this should include a wanted to help. They infiltrated into holding up this matter will see the futil­ just and fair excess profits tax, which will our Government. We have had to go ity of delaying this bill, which involves recapture excess profits made since the start through a delousing process to get shut revenues that the country seriously needs of the Communist aggression in Korea. of them. at this time, when nothing on earth can It is my view that as soon as possible As we approach this next stage of his­ possibly be accomplished before the ad­ is right now, and that this Congress tory, Mr. Speaker, in which we are go­ journment of the Congress except delay should pass an excess-profits ·tax against ing to have to resist the other extremes, of the collection of this revenue. the abnormai profits of our corpora­ or the imperialism of communism, let Mr. EBERHARTER. Mr. Speaker, I tions. These excess profits result from us watch ourselves very closely; let us ask unanimous consent to address the war orders on a pig scale and we should see if we can ward off some of the infil­ House for 1 minute. recapture this by taxation. tration of the other gang. They are go­ The SPEAKER. Is there objection to Mr. DOUGHTON. Mr. Speaker, will ing to be there hammering away at our the request of the gentleman from the gentleman yield? gates. This man Pegler is going to be Pennsylvania? Mr. YOUNG. I yield to the gentle­ there daily in a lot of newspapers There was no objection. man frozµ North Carolina. throughout this country. In that way, Mr. EBERHARTER. Mr. Speaker, it Mr. DOUGHTON. The gentleman, and because of our current enemies, he had not been my intention to say any­ being a distinguished and able member is dangerous. I maintain that every thing on this subject today, but when of the Committee on Ways and Means man who discloses the iniquitous and the chairman of the Committee on Ways and familiar with parliaµient~ry proce­ vicious technique that is employed by and Means takes the floor and indicates dure, I am sure understands that the these angels of hate-of whom Pegler is his interest in having a tax law passed .excess-profits tax has not been included the archangel-every man that can con­ immediately, of course I feel it necessary in either the House bill or the Senate tribute to jerking down the veil so that to state my position with respect to the amendments, and therefore, would not he can be seen in his true light, is ren­ present measure. be in conference. Consequently, it dering a service to his country. That is Mr. Speaker, I have the highest regard could not be dealt with. What we are why I took this time today. So far as I and respect for my distinguished col­ trying to do is send this bill to confer­ am personally concerned. I can take care league from North Carolina. He is ence. If we have an excess-profits tax, of myself in the district I represent. very generally, I may say, correct in any it will necessarily have to start anew in But the people should be shown this position he takes; however, I know, as a a new bill. Not having been in either man Pegler in his true light. matter of fact, that the people of this the House bill or t~e Senate amendment, The SPEAKER. T~e time of the gen­ country will resent the failure of this 'it would not be in conference and could tleman from Indiana has expired. Congress to tackle the problem of en­ .not be acted on iri this legislation. I EXCESS-PROFITS TAX LEGISLATION acting an excess-profits-tax law now. think the gentleman knows that. These corporations are making excess Mr. DOUGHTON. Mr. Speaker, I ask Mr. EBERHARTER. Mr. Speaker, profits right now and they should be will the gentleman yield? unanimous consent to address the House taxed now. The present tax bill which for 1 minute. · Mr. YOUNG. I yield to the gentleman it is sought to refer to conference, pro­ from Pennsylvania. · The SPEAKER. Is there objection to ·vides for increasing the income tax on the request of the gentleman from North 'individuals making less than $5,000 a Mr. EBERHARTER. The chairman Carolina? year by 20 percent. Those people are of our committee is bringing up a parlia­ There was no objection. being squeezed between spiraling prices mentary question. I say this, in. an­ Mr. DOUGHTON. Mr. Speaker, I call and the lessening of their take-home swer to his suggestion, that Members of the attention of the Members of the pay. I do not think it is in the interest this body and the people of the United House to the fact that it is highly impor­ of this country to do this, unless at this States want the House of Represent­ tant that H. R. 8920, the revenue bill, be time an "excess profits tax is imposed to atives to be able to express themselves by enacted into law as early as possible. In prevent war profiteering. their vote as to whether or not they want the case of individuals one-fourth of the an excess-profits tax now. When .the In order to prevent inflation, in order other body, Mr. Speaker, takes upon it­ increase in tax applies to 1950 and with­ to do the fair thing, I think the ·congress holding begins on October 1, 1950. The self the initiation of taxation which is should· stay in session. I am certain quite drastic in its nature and terms, why Bureau of Internal Revenue is preparing that with the experience we had in the forms, tables and instructions required should not the Members of this Hous.e operation ·Of the excess-profits-tax law have an opportunity to express their to put this act into effect. Any delay in during the Second World War and there­ the enactment of this law may cause us wishes with respect tJ proposed new tax, after for a few years we can draw up a when it is our constitutional right and to lose 1 month of badly needed revenue. workable excess-profits-tax law in 2 or 3 Mr. Speaker, I do not believe that this prerogative to initiate any and all tax revenue should be jeopardized on ac­ weeks and do the fair thing by the peopfo legislation. of this country insofar as raising the rev­ Mr. YOUNG. The Senate struck out count of those who belfove that some­ enue to pay for this emergency is con- · thing might be done about an excess much of ou~ bill and y:rote an entirely profits tax. I am as much in favor of an cerned. new bill. We propose to offer an excess profits tax as ·any man in this Mr. YOUNG. Mr. Speaker, ·1 ask amendment to it. An excess-profits ta;ic House, and have been all along, but we unanimous consent to address the House enacted now will help distribute the tre­ have to deal with this matter practically. for 1 minute. · mendous cost of national defense fairly, XCVI--917 14566 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 11 There is nothing complicated about this I repeat what I have said so many tive duty. You are wrong, this is not a howl, I situation. We should adopt an excess­ times before. Time is of the essence. am perfectly willing to return to service. I profits tax now, not next year. Let us get busy and discharge our re­ am not willing that other people become rich while I am going broke. I am not willing to Mr. DOUGHTON. That would have sponsibilities both to the people and our become a down and outer while somebody to come in an entirely new bill. The institutions here. else becomes a millionaire from profits they gentleman knows that. EXCESS-PROFITS TAX LEGISLATION make out of the war while I am making less PERMISSION TO ADDRESS THE HOUSE than a hundred dollars a month. If you will Mr. BURNSIDE. Mr. Speaker, I ask give me just one good reason why I should be Mr. RAYBURN. Mr. Speaker, I ask unanimous consent to address the House satisfied to have this happen I will shut up. unanimous consent to address the House for 1 minute and to revise and extend my I do not believe you can but I expect you to for 1 minute. remarks and include a letter. try. The SPEAKER pro tempore that the . The present mental standards ex­ in 1945, had already been subject to in­ minimum passing requirements on the pectably will reject approximately 13 per­ duction for a period of 2 or 3 years, and GCT be fixed at 70 points. cent of any normal group such as were i_f he had served he is not now subject That is the only place in the law where available for induction at the end of to induction. So, for a period of 2 or we describe either the mental or physical World War II. Current induction regu­ 3 years prior to the end of the fighting qualifications of persons entering the lations call for the acceptance of any he was not acceptable for induction service. That was done because in 1948 individual who has successfully com­ either because of the mental test o'r his there was complaint that the services pleted 12 or more years of schooling, not­ physical qualifications so that we now were requiring such a high score that withstanding his mental test results. So . come to a period of 7 to 8 years that the many were being rejected. a high school graduate is taken even man has been subject to induction and On August 9, 1948, the Secretary of though he attempts to fail the qualifica­ has not been inducted. He has always Def ensc fixed the physical and mental tion tests. Induction omcers are author­ had some disqualification. standards for induction, prescribing that ized to accept for induction any indi­ It is proper that men who are about individuals must attain a "C" or higher vidual suspected of deliberately failing to become 26, should be called first, be­ physical profile on their physical exami­ the mental test to evade service. cause under the law once he becomes nation and a score of 70 or higher on the What is the situation with reference to 26 .. he would be no longer liable for R-5 or R-6 forms of the GCT test meas­ the numbers and percentages rejected? service. uring mental capacity to absorb military The Surgeon General of the Army was Mr. COX. Mr. Speaker, will the gen­ training, charged by the Secretary of Defense in tleman yield to me again for a question? On November 10, 1949, the Personnel 1948 with the maintenance of. all sta­ Mr. KILDAY. I yield to the gentle­ Policy Board, OSD, directed that a uni- tistics pertaining to rejections and ac- man from Georgia. 14568 CONGRESSIONAL RECORD-HOUSE SEPTEMBER 11 Mr. COX. The gentleman is the best I sincerely hope we will not get into Mrs. ROGERS of Massachusetts. I informed man in the House on the sub­ the situation which has existed in the yield to the gentleman from New Jersey. ject he is discussing; he has a greater past and to which I referred earlier of Mr. CANFIELD. I think the gentle­ storehouse of information on the subject having conflicting statements and alarm­ woman from Massachusetts will agree than any man I know anything about, ing statements brought to the attention with me that the action of the House re­ and I trust that his statement will be of the people through testimony before ducing the· requested funds of the Dis­ made sufficiently complete to carry all committees, through addresses, lectures, trict of Columbia Commissioners from .of the information that the public wants, and programs on the radio and televi­ $290,000 to $30,000 for civilian defense in because it is sufficiently important to sion, to the end we will be spared that . the Nation's Capital has not been well ·justify me in havirig his statement confusion in the period in which we now received by the people in the various printed for distribution among Mem­ find ourselves. districts. · bers of the House that they may in turn REVENUE ACT OF 1950 Mrs. ROGERS of Massachusetts. I use as they see fit. · found that to be true. I know what a Mr. KILDAY. I thank the gentleman. Mr. :POUGHTON. Mr. Speaker, I ask great fight the gentleman has made for Mr. EBERHARTER. Mr. Speaker, unanimous consent to take from the having a strong civilian defense. The will the gentleman yield? Speaker's desk the bill regular employees of certain substitute Harris, D. D.. o:tfered the following Mr. PRIEST. Mr. Speaker, I move postal employees in the field service of the prayer: the House do now adjourn. Post Office Department who are veterans of World War II; to the Committee on Post Our Father God, whose power is un­ The motion was agreed to; accord­ searchable and whose judgments are a P. Office and Civil Service. ingly