1929 CONGRESSIONAL RECORD-. HOUSE 3759
Mr. EDWARDS. Mr. President, will the Senator yield to me? NEBRASKA The PRESIDING OFFICER. Does the Senator from . New Edward G. Hall to be postmaster at David City, Nebr., in York J-ield to the Senator from New Jersey? place of A. E. Etting. Incumbent's commission expired Decem MJ·. COPELA~'D. I yield. ber 11, 1928. Mr. EDWARDS. I suggest the absence of a quorum. "EW JERSEY The PRESIDING OFFICER. The clerk will call the roll. ·1\ir. JONES. Mr. President, from past experiences I am satis Frank W. Cassedy to be postmaster at Cape 1\lay, N. J., in place of F. W. Cassedy. Incumbent's commission expires Feb fied that we might just as well stop now, and I therefore move ruary 28, 1929. that the Senate take a recess until 12 o'clock noon to-morrow, pursuant to the unanimous-consent agreement heretofore entered Joseph Kish to be postmaster at Nixon, N. J., in place of .Joseph Kish. Incumbent's commission expired February 6, into. 1929. The motion was agreed to; and (at 10 o'clock and 5 minutes p. m.) the Senate, under the order previously entered, took a NORTH CAROLINA recess until to-morrow, Wednesday, February 20, 1929, at 12 Sidney A. Padgett to be postmaster at Ellenboro, N. C., in · o'clock meridian. place of S. A. Padgett. Incumbent's commission expires Feb ruary 28, 1929. NORTH DAKOTA NO~IINATIONS o-g- Henry D. Mack to bt postmaster at Dickey, N. Dak. Office Execntive nominations received by the Senate Febr1w1·y 19 (l ~ became presidential July 1, 1928. islative day of Febmary 15), 1929 OHIO POSTMASTERS Ferdinand H. Schuster to be postmaster at Bellevue, Ohio, in ALABK:.A place of F. 0. BateB, deceaSed. - · William Arthur to be postmaster at Nome, Alaska, in place of J. H. Anderson, resigned. OKLAHOMA William H. McBrayer to be postmaster ~at Haworth, Okla., in ARKANSAS place of B. E. Irby, removed. Ferrell S. Tucker to be postmaster at Black Oak, Ark., in place of F. S. Tucker. Incumbent's commission expires Feb PENNSYLVANIA ruary 28. 1929. William C. Bubb to be postmaster at Dalmatia, Pa., in place John L. Hyde to be postmaster at Tillar, Ark., in place of of W. C. Bubb. Incumbent's commission expired December 9, J. L. Hyde. Incumbent's commission expires February 28, 1929. 1928. PORTO RICO CALIFORNIA Pablo Vilella, jr., to be postmaster at Lares, P. R., in place of John A. Scott to be postmaster at Porterville, Calif., in place Pablo Vilella, jr. Incumbent's commission expires February 28, of E. F. Halbert. Incumbent's commission expired June 6, 1928. 1929. COLORADO SOUTH CAROLI~A Martha E. Williams to be postmaster at Bonanza, Colo. Office William B. Wright, jr., to be postmaster at Shelton, S. C., in became presidential July 1, 1928. · place of W. B. Wright, jr. Incumbent's commission expires Feb- GEORGIA ruary 28, 1929. George 1\1. Greely to be postmaster at Decatur, Ga., in place of _ . TEXAS . • G. M. Greely. Incumbent's commission expired January 5, 1929. Kathryne Witty !o be postmaster at Hamilton, Tex .. m place William A. Adams to be postmaster at Fitzgerald, Ga., in of F. J:I· Baker, r esigned. . . place of W. A. Adams. Incumbent's commission expired Janu-~ Leshe W. Garrett to be postmaster at Qmtman, Tex., m place ary 22 1929 of L. \V. Garrett. Incumbent's commission expires February 28, , • IOWA 1929. 1\Iarie Jones to be postmaster at Bussey, Iowa, in place of Paul A. Taylor to be po~tmaster _at _Win.fiel~l, Tex., in place of Marie Jones. Incumbent's com.illission expires February 28, i9~· Taylor. I ncumbents commiSSIOn expired December 10, 1929. Ray Robertson to be postmaster at '1.\-Iaxwell, Iowa, in place of WEST VIRGINIA Ray Robertson. Incumbent's commission expires February 28, Le\i Gay to be postmaster at Eecles, W. Va., in place of Levi 1929. Gay. Incumbent's commission expires February 28, 1929.
KENTUCKY WISCO;:>~SIN Vera Baird to be po tmaster at Crab Orchard, Ky., in place Edward C. Schwartz to be postma ter at Blackwell, Wis. of Yera Baird. Incumbent's commission expired January 30, Office became presidential July 1, 1926. 1929. . John H. Meyer to be postmaster at Newport, Ky., in place of J. H. Meyer. Incumbe:p.t's commission expired January 30, HOUSE OF REPRESENTATIVES 1929. LOUISIANA TUESDAY, February 19, 19B9 Edith E. Steckler to be postmaster at .Jeanerette, La., in The House met at 12 o'clock noon. place of E. E. Steckler. Incumbent's commission expired Decem The Chaplain, Re\. James Shera Montgomery, D. D., offered ber 11, 1928. the following prayer: MICHIGAN God be merciful unto us and bless us and cause His face. to Charles C. Kellogg to be postmaster at Detroit, Mich., in place shine upon us, that Thy way may be known upon the earth, Thy of C. C. Kellogg. Incumbent's-commission expires February 28, sa"\>ing health among all nations. Let the people praise Thee, 0 1929. God; let all the people praise Thee. 0 let the nations be glad MINNESOTA and sing for joy, for Thou shalt judge the people righteously Rollo F. Dean to be postmaster at Blue Earth, 1\Iinn., in place and govern the nations upon earth. Let the people praise Thee, of R. F. Dean. Incumbe-nt's commission expires February 28, 0 God ; let all the people praise Thee ; then shall the earth 1929. yield her increase and God, even our own God, shall b\ess us. Oscar E. Linquist to be postmaster at Dassel, Minn., in place God shall bless us and all the {'nds of the earth shall fear Him. of 0. E. Linqui t. Incumbent's commission expired January 26, Amen. 1929. Elizabeth Richardson to be postmaster at Delano, Minn., in The Journal of the proceedings of yesterday was read and place of Elizabeth Richardson. Incumbent's commission expires approved. February 28, 1929. MESSAGE FROM THE SENATE Arthur McBride to be postmaster at Walker, Minn., in place A message from the Senate by 1\lr. Craven, its principal of Arthur McBride. Incumbent's commission eJ..--pires Feb clerk, announced that the Senate had passed without amend ruary 28, 1929. ment bills and a joint resolution of the Horu e of the following MISSOURI titles: Ernest Young to be postmaster at Verona, Mo., in place of H. R. 13199. An act authorizing the payment to the State of Ernest Young. Incumbent's commission expired February 17, Oklahoma the sum of $4,955.36 in settlement for rent for United 1929. States Veterans' Hospital No. 90 at Muskogee, Okla.; 376.0 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 H. R. 15851. An act to ·extend the times for commencing and Mt-. KINCHELOE. Yes. completing the construction of a bridge across the Allegheny Mr. SNELL. As I understand, there are two statues f1·om River at Kittanning, in the county of Armstrong, in the State each State? of Pennsylvania ; . Mr. KINCHELOE. Yes. , H. R. 16279. An act to extend the times for commencing and Mr. SNELL. And there is none from the State of Kentucky completing the construction of a bridge across the Ohio River now? • at Augu ta, Ky.; and Mr. KINCHELOE. None except the two that were put in II. J. Res. 418. Joint resolution to provide for the quartering, the Hall yesterday and are to be unveiled on the 3d of March. . in certain public buildings in the District of Columbia, of 1\IIr. TILSON. Has the gentleman examined the precedents troops participating in the inaugural ceremonies. to know that this resolution is in the usual form? The message also announced that the Senate had passed a l\lr. KINCHELOE. Yes; 1 will say that I followed the bill of the following title, in which the concurrence of the House resolution adopted in the case of the statue of Andrew Jackson, is requested : which resolution was introduced by the gentleman from Ten S. 5630. An ~ct authorizing the State Highway Commission, nessee [l\lr. BYRNs]. Commonwealth of Kentucky, to construct, maintain, and oifer Mr. SNELL. If the gentleman followed Andrew Jackson, it ate a bridge across the Ohio River at or near Carrollton, Ky. is all right. The message al o announced that the Senate disagrees to the l\lr. KINCHELOE. That is mighty good authority to follow. amendments of the House to the bill (S. 5094) entitled "An act The resolution was agreed to. making it a felony with penalty for certain aliens to enter the United States of America under certain conditions in violation PRACTICE OF THE HEALING ART IN THE DISTRICT OF OOLUMBIA of law," requests a conference with the Hou e on the disagree Mr. ZIHLMA.l.~. Mr. Speaker, I present, for printing under ing vote of the two Houses thereon, and appoints Mr. JoHN the rule, conference report on the bill (S. 3936) entitled "An act soN, Mr. KEYES, Mr. REED of Pennsylvania, Mr. BLEASE, and Mr. to regulate the practice of the healing art and to protect the KING to be the conferees on the part of the Senate._ public health in the District of Columbia." The mes age also -announced that the Senate agrees to the reports of the committees of conference on the di agreeing votes REPEAL OF THE EIGHTEENTH AMENDMENT of the two Houses on the amendments of the Senate to bills of Mr. TINKHAM. l\Ir. Speaker, I offer a petition from the the House of the following titles : Senate of the State of Massachusetts, which I desire to haYe H. R.10374. An act for the acqui ition of lands for an addi read into the ll.Econn. tion to the Beal Nursery at East Tawas, Mich.; and The SPEAKER. The gentleman from Mas achusetts a ks H. R.15089. An act making appropriations for the Depart unanimous con ent for the reading of a resolution of the l\ia - ment of the Interior for the fiscal year ending June 30, 1930, sachusetts Senate. Is there objection? and for other purpose . · Mr. EDWARDS. Reserving the right to object, what does The mes age also announced that the Senate agrees to the the resolution deal with? What is the subject? amendments of the Hou e to bills of the following titles: Mr. TINKHAM. It is a resolution asking for the repeal of S.1500. An act for the relief of James J. Welsh, Edward 0. the eighteenth amendment. F. Webb, Francis A. Meyer, Mary S. Bennett, William McMul Mr. _EDW AHDS. I object, Mr. Speaker. lin, jr., Margaret McMullin, R. B. Carpenter, McCoy Yearsley, Edward Yearsley, George H. Bennett, jr., Stewart L. Beck, BUILDING FOR THE SUPREME COURT OF THE UNITED STATES William P. McConnell, Elizabeth J. Morrow, William B. Jester, Mr. ELLIOTT. l\fr. Speaker, I ask unanimous consent to Josephine A. Haggan, J ames H. S. Galli, Herbert Nicoll, Shall take from the Speaker's table the joint resolution (S. J. Res. cross Bros., E. C. Buckson, Wilbert Rawley, R. Rickards, jr., 213) to provide for extending the time in which the United Dredging Co. ; States Supreme Court Building Commission shall report to Con S. 1618. An act for the relief of Margaret W. Pearson and gress and consider the same. John R. Pearson ; and The Clerk read the joint resolution, as follows: S. 2439. An act to amend the military record of Arthur WaJ. Resolved, etc.> That section 2 of the act e"Dtitled "An act to provide denmeyer. for the submission to the Congress of preliminary plans and estimates The message also announced that the Senate had passed the of costs for the construction of a building for the Supreme Court of the following resolution : United States," approved December 21, 1928, is amended by striking Senate Resolution 331 out " March 1, 1929," and inserting in lieu thereof " the first day of the Resolved, That the Senate bas heard with profound sorrow the first regular session of the Seventy-first Congress." announcement of the death of Hon. EDWARD J. KING, late a Representa The SPEAKER. · Is there objection to the request of the gen- tive from the State of Illinois.' tleman from Indiana [Mr. ELLroTr]? Resolved, That the Secretary communicate these resolutions to the There was no objection. House of Representatives and transmit a copy thereof to the family of The resolution was agreed to. the decea.sed. On motion of Mr. ELL:roTr, a m6tion to reconsider the vote by Resolved, That as a further mark of respect to the memory of the which the resolution was agreed to was laid on the table. deceased the Senate do now recess until 12 o'clock to-morrow. PAVING GOVERNMENT ROAD, ROSSVILLE, ~A. PRESENTATION OF STATUES OF HENRY OLAY AND DR.. EPHRAIM M'DOWELL . l\Ir. McSWAIN. Mr. Speaker, by authority of the conferees I call up the conference report on the bill ( S. 3881) to provide Mr. KINCHELOE. l\Ir. Speaker, on the 3d of March next for the paving of the Government road, known as the Dry Valley Representatives of the State of Kentucky will unveil the statues Road, commencing where said road leaves the La Fayette Road, of Heru·y Clay and Dr. Ephraim McDowell in the Hall of Fame. in the city of Rossville, Ga., and extending to Chickamauga and I offer the following resolution and ask for its immediate Chattanooga National Military Park, constituting an approach consideration. . road to said park, and I move that the report of the conferees The SPEAKER. The gentleman from Kentucky asks unani be disagreed to and that the Hou e recede from its amendments mous consent for the present consideration of a resolution which Nos. 1 and 2, and insist upon amendment No. 3. the Clerk will report. The SPEAKER. The gentleman from South Carolina [l\Ir. The Clerk read as follows : McSwAIN] calls up a conference report, which the Clerk will House Concurrent Resolution 58 report. R eso lved by the Hot~,Se of Representatives (the Senate concunit1g), The Clerk read the conference report. That the statues of Henry Clay and Dr. Ephraim McDowell, by Charles The conference report and statement are as follows: H. Niehaus, presented by the State of Kentucky (said statues · being donated to the State of Kentucky by Isaac W. Bernheim), to be placed 00 ~FERENCE REPORT in Statuary Hall, are accepted in the name of the United States, and The committee of conference on the disagreeing votes of the that the thanks of Congress be tendered the State for the contribution two Houses on the amendments of the House to the bill ( S. of these statues of two of its most eminent citizens, illustrious for their 3881) to provide for the paving of the. Government road, known distinguished services to the country. as the Dry Valley Road, commencing where aid road leaves 2. That a copy of these resolutions, suitably engrossed and duly au the La Fayette Road, in the city of Rossville, Ga., and extending thenticated, be n·ansmitted to the Governor of Kentucky. to Chickalnauga and Chattanooga National Military Park, con Mr. SNELL. Mr. Speaker, reservil1g the right to object, is stituting an approach road to said park, having met, after full this the customary resolution that is passed whenever such and free conference have agreed to recommend and do recom statues are put in Statuary Hall? mend to their respective Houses as follows: 1929 CONGRESSIONAL RECORD-HOUSE 3761 '
That the House recede from its amendments numbered 1, 2, BUREAU OF I~'DIAN AFFAIRS and 3, and agree to the same. On No. 20: Includes the position of Superintendent of the W. FRANK JAMES, Five Civilized Tribes within the competitive classified .civil J. l\1A.YHEW WAINWRIGHT, service, as proposed by the House. JOHN J. 1\fcSwAIN, Managers on the part of the House. NATIONAL PARK SERVICE FRANK L. GREE E, On No. 40: Omits the specific reference to continuance of W. H. McMAsTER, construction of the Transmountain Road in Glacier National SMITH W. BROOKHART, Park, proposed by the Senate, in the paragraph appropriating DUNCAN U. FLETCHER, for construction of roads and trails in national parks and LAWRENCE D. TYSON, mountains. Ma·nagers on the part of the Senate. DISAGREEMENT The committee conferees have not agreed to the following STATEMENT Senate amendment : The amendments of the House were to change the figures in On No. 39: With reference to condemnation of privately the bill as to the amount to be provided for the construction of owned lands in national parks. the Dry Valley Road. After full and careful consideration it LOUIS c. CRAMTON' was determined the Senate figures should be carried in the EDWARD T. TAYLOR, authorization, and it was so agreed. Managers on the 1Jat·t of the House. W~ FRANK JAMES, Mr. CRAMTON. l\Ir. Speaker, the statement which has been J. MAYHEW WAINWRIGHT, read makes it clear what the two amendments are and what JOHN J. l\IcSWAIN, the conference report agreed upon accomplishes. Unless there Managers on the part of the House. is some request for time I will ask for a vote on the report. The conference report was agreed to. Mr. :McSW .AIN. 1\Ir. Speaker, the understanding is that the The SPEAKER. The Clerk will report the amendment in conference report is to oo disagreed to. Then the report having disagreement. been disagreed to, the House is to instruct its conferees to re The Clerk read as follows : cede as to House amendments Nos. 1 and 2, and insist upon amendment No. 3. The conferees misunderstood their instruc Amendment 39 : Page 10, line 3, after the word " purchase," strike tions. out the following language: "(39) or by condemnation under the pro The SPEAKER. The Chair thinks, under the circumstances, visions of the act of August 1, 1888 (U. S. c. 1302, sec. 257), whenever the conference report having been presented, the procedure should in the opinion of the Secretary of the Interior acquisition by condemna be to vote down the conference report. · tion proceedings is necessary or advantageous to the Government." The question is on agreeing to the conference report. 1\Ir. CRAMTON. Mr. Speaker. I move that the House further The conference report was rejected. insist on its disagreement to the Senate amendment. l\Ir. l\IcSWAIN. Now, Mr. Speaker, I move that the House The SPEAKER. The gentleman from Michigan moves that recede from its amendments Nos. 1 and 2 and insist upon its the House further insist on its disagreement to the Senate amendment No. 3. amendment. The motion was agreed to. The question was taken; and on a division (demanded by DEPARTMENT OF THE INTERIOR APPROPRIATION BILL 1\fr. CRAMTON) there were 110 ayes and 0 noes. Mr. CRAMTON. Mr. Speaker, I object to the vote on the Mr. CRAMTON. Mr. Speaker, I call up the conference report ground that no quorum is present because I desire a roll call on the bill (H. R. 15089) making appropriations for the De on this because of the assurance that I gave the Senate con partment of the Interior for the fiscal year ending June 30, ferees. 1930, and for other purposes, and ask that the statement be Mr. BANKHEAD. Will the gentleman yield? read in lieu of the report. Mr. CRAMTON. Yes. The SPEAKER. The gentleman from Michigan calls up the Mr. BANKHEAD. Is this the amendment that we had the conference report on the Department of the Interior appropria discussion upon on the floor the other day about the condemna tion bill, and asks unanimous consent that . the statement be tion of private lands in public parks? read in lieu of the report. Is there objection? Mr. CRAMTON. That is the item. I have assured the There was no objection. Senate conferees that I would bring it back and get a roll call The Clerk read the statement. as an expression from the House. The conference report and statement are as follows: Mr. EDWARDS. Does this include church property? Mr. CRAMTON. It includes all lands privately owned in CONFERENCE REPORT national parks. Of course, it will be three or four years before The committee of conference on the disagreeing votes of the it is all consummated. two Hou es on certain amendments of the Senate to the bill Mr. GARNER of Texas. Why did not the gentleman take (H. R. 15089) making appropriations for the Department of this course in regard to the $24,000,000 appropriation for prohi the Interior for the fiscal year ending June 30, 1930, and for bition? other purposes, having met, after full and free conference have Mr. CRAMTON. I suggested a way by which the gentle agreed to recommend and do recommend to their respective man could get it, but he did not want to do it that way. Houses as follows : Mr. BANKHEAD. If the gentleman will yield further, as I That the Senate recede from its amendments numbered 20 remember the debate on the floor, the Government already has and 40. the right to acquire land by private negotiation. The committee of conference have not agreed on amendment Mr. CRAMTON. The Government has the right, wherever numbered 39. authority is given to acquire land, to resort to condemnation if LOUIS C. CRAMTON, it is more advantageous to the Government. EDWARD T. TAYLOR, Mr. HOW A.RD of Nebraska. Will the gentleman yield? Managers on the pa'rt of the Ho~tse. Mr. CRAMTON. I will. . REED SMOOT, Mr. HOWARD of Nebraska. The gentleman says that be HENRY W. KEYEs, promised the Senate to have a roll call. The Speaker has an WM. J. HARRis, nounced the vote as unanimous-110 in favor. Mana.ge1·s on the part of the Senate 1\fr. CRAMTON. Here is the situation: This is one of the great appropriation bills that ought to be law as soon as possible, STATEMENT and everything is in agreement except this one item. In the Senate there is quite an opposition to the House position. We The managers on the part of the House at the conference felt that an expression through a roll call would be helpful to on the disagreeing votes of the two Houses on the amendments satisfy the SeWlte as to the attitude of the House. of the Senate to the bill (H. R. 15089) making appropriations Mr. CONNALLY of Texas. Will the gentleman yield? for the Department of the Interior for the fiscal year ending Mr. CRAMTON. Yes. June 30, 1930, and for other purposes, submit the following Mr. CONNALLY of Texas. There is no exception with refer statement in explanation of the effect of the action agreed ence to church land? upon by the conference committee and embodied in the accom 1\fr. CRAMT-ON. No; the House voted that down. panying conference report as to each of such amendments, l\Ir. BANKHEAD. One more question : Is the gentleman namely: going to give the House an opportunity to express its position CONGRESS! ON AL RECOR.D--HOUSE FEBRUARY 19 on tbe $24,000,000 appropriation for tbe enforcement of prohi NOT VOTING-95 Abernethy Dontrich J'ohnson, ill. Murphy bition? Adkins Doyle J'ohnson, Ind. Oliver, N.Y. Mr. CRAMTON. The gentleman will recall that I advised Andresen Drane ;r ohnson, S. Dak. Palmer gentlemen bow to get tbat vote, but they did not see fit for some Anthony England Kent Palmisano Arnold Fenn Kerr Quayle reason to follow my advice. Beck. Pa. Fish Kindred Rainey Mr. BANKHEAD. Tbe gentleman said that this was one of Beck, Wis. Fitzgerald, Roy G. Kunz Reed, Ark. tbe great appropl'iation bills that ought to be gotten through Berger Fort . Kvale Reid, lll. Boies Fullbright Lampert Sil'Ovich with as soon as possible, and I did not know but the gentleman Bowles Golder Leech Stalker might feel the same anxiety with reference to the other bill. Rritten Goldsborough Linthicum Stedman M·r. CRAMTON. I have that anxiety. I feel that I must Buckbee . Graham Lowrey Strong, Kans. Bushong Griest McClintic Strother keep my agreement in conference. Butler Guyer McLeod Sullivall 'l'he SPEAKER. The gentleman from Michigan objects to Case-y Hammer McReynolds Tillman the vote and makes the point of order that there i no quorum Chase Hardy l!aas Underwood Clancy Hickey Mead Updike present. The Chair has counted. There is no quorum present. Cole, Md. Hudspeth Menges Weller The Doorkeeper will close the doors, the Sergeant at Arms will Colton Hughes Merritt White, Kans. notify absentees, and the Clerk will call the roll. The question Crowther Hull, Tenn. Michaelson Whittington Curry Hull, Wm. E. Milligan Winter is on the motion of the gentleman from Michigan to further Davey Igoe Mooney · Wyant insist on the disagreement of the House to the Senate amend Dempsey J'acobstein Moore, N.J. Yates ment. Douglass. MaJJs. J'ames Moorman The question was taken ; and there were-yeas 304, nays 28, So the motion was agreed to. not voting, 95, as follows: The Clerk announced the following pairs: [Roll No. 28] Until further notice : Mr. Crowther with Mr. Hull of Tennessee. YEAS-304 Mr. Fenn with Mr. Rainey. Ackerman Denison Knutson Sabath Mr. Yates with Mr. Linthicum. Aldrich DeRouen Kopp Sanders, N.Y. Mr. Murpfiy with Mr. Casey. Allen Dickinson, Iowa Korell Sandlin Mr. Clancy with Mr. Abernethy. Andrew Dickstein Kurtz Schafer Mr. Michaelson with Mr. Sullivan. Arentz Dough ton La Guardia Schneider ?.fr. Buckbee with Mr. Hndspeth. Auf der Heide Dowell Langley Sear , Fla. Mr. Andresen with Mr. Oliver of New York. Ayrt!S Drewry Lanham Sears, Nebr. Mr. Hickey with Mr. Kerr. Bacharach Driver Larsen Seger Mr. J'obnson of Indiana with Mr. Weller. Bachmann Dyer Lea Selvig Mr. McLeod with Mr. McClintic. Bacon Eaton Leatherwood Shallenberger Mr. Reid of Illinois with Mr. Knnz. Barbour Edwards Lehlbach Shreve Mr. Curry with Mr. Mead. Beedy Elliott Letts Sjmmons Mr. Demp ey with Ml". Drane. Beers Englebright Lindsay Sinclair Mr. Fort wjth Mr. Quayle. · Begg Eslick Luce Smith Mr. Griest with Mr. Reed of Arkansas. Bell Estep Lyon Snell Mr. Merritt with Mr. Underwood. Black, N.Y. Evans. Calif. McCormack Somers, N. Y. Mr. Graham with Mr. Arnold. . Black, Tex. Fisher McDuffie Speaks Mr. Chase witb Mr. Moore of New J'ersey. Bland Fitzgerald. W. T. :McFadden Spearing Mr. Wyant with Mr. Davey. Blanton Fitzpatrick McKeown Sproul, ill. Mr. Bowles with Mr. Stedman. Bloom Fletcher McLaughlin Sp1·oul, Kans. 1\fr. Strong of Kansas with Mr. Hammer. Bohn Foss · McMillan Steagall Mr. Beck of Pennsylvania with Mr. Doyle. Bowman Free McSw~ney Steele Air. Hughes with Mr. Igoe. Box Freeman Magrady Stobbs Mr. Adkins with Mr. Kindred. Boylan ·French Major, Ill. Strong. Pa. Mr. Golder with Mr.· Mooney. Brand, Ga. Furlow Manlove Summers, Wash. Mr. Colton with Mr. Lowrey. Brand, Ohio Gawbrlll Mansfield Sumners, Tex. Mr. Menges with Mr. Kent. Briggs Garber Mapes Swank Mr. Guyer witb M.r. Milligan. Brigham Gardner. Ind. Martin, La. Swick Mr. Bushong with Mr. Douglass of Massachusetts. Browne Garner, Tex. Ma1·tin, Mass. Swing Mr. Palmer with Mr. Moorman. Browning Gibson Michener Taber 1r. J'obnson of South Dakota with Mr. Palmisano. Buchanan Gifford Miller Tarver Mr. Britten with Mr. McReynolds. Bulwinkle Gilbert Monast Tatgenhorst 1\fr. Doutrich with Mr. Whittington. Burdick Glynn Montague Taylor, Colo. Mr. Fish with Mr. J'acobstein. Burtness Goodwin Moore, Ky. Taylor, Tenn. Mr. Winter with Mr. Fulbright. Busby Gregory Moore, Ohio Temple' Mr. Roy G. Fitzgerald with Mr. Sirovich. Byrns Gt·eenwood Moore, Va. Thatcher Mr. England with Mr. Goldsborough. Campbell Griflin Morehead Thompson Mr. Butler with l\Ir. Tillman. Canfield Hadley Morgan Thurston Mr. J'ohnson of Illinois with Mr. Cole of Maryland. Cannon Hale Morin Tilson Mr. .Anthony with M.r. Berger. Carew Hall, Ill. Morrow Timberlake Mr. Hardy with Ur. Kvale. . . Carley Hall, Ind. Nelson, Me. Tinkham Mr. Leech with Mr. B ~:>ck of W1sconsm. Caras Hall, N. Dak. Nelson, Mo. Treadway Mr. Lampert with Mr. Boies. Carter Hancock Nelson, Wis. Underhill Mr. Maas with Mr. White of Kansas. Cartwright Harrison Newton Vestal Celler Hastings Niedringhaus Vincent, Iowa The result of the vote was announced as above recorded. Chalmers Haugen Norton, Nebr. Vincent, Mich. On motion of 1\fr. CRAMTON, a motion to reconsider the vote Chapman Hawley Norton, N. J'. Vinson, Ga. by which the motion was agreed to was laid' on the table. Chindblom Hersey O'Brien Vinson, Ky. Christopherson Hill, Wash. O'Connell Wainwright COMMITTEE ON MILITARY AFFAIRB-PERMI.SSION TO SIT DURING. Hocb O'Connor, La. Ware g:~ee Hofrman O'Connor, N.Y. Warren SESSIONS OF THE HOUSEl Cochran, Mo. Hogg Oldfield Wason ·Mr. MORIN. Mr. Speaker, beginning on Thor day next, I ask Cochran, Pa. Holaday Oliver, Ala. Watres unanimous consent that the Committee on Military Affair of Cohen Hooper Parker Watson Cole, Iowa Hope Parks Welch, Calif. the House be permitted to sit during sessions of the House. Collier Houston. Del. Patterson Welsh, Pa. The SPEAKER. The gentleman from ·Pe-nnsylvania nsks ollins Howard, Nebr. Peavey White, Colo. Combs Howard, Okla. Perkins White, Me. unanimous con. ent that, beginning next Thor day and until Connally, Tex. Huddleston Porter Whitehead the end of the session, the Committee on Military Affairs m:1y Connery Hudson Pou Wigglesworth have the privilege of sitting during the se ions of the House. Connolly, Pa. Hull, Morton D. Prall William , TIL Cooper, Ohio Irwin Pratt Williams, Mo. I s there objection? C'oopet·, Wis. J'efl'ers Purnell Williams; Tex. There was no objection. CO!.'ning J'enkins Qnin Williamson Cox J'ohnson, Okla. Ragon Wilson, La. ADMINISTRATIO OF JUDGE FRANCIS A. WINSLOW Crail J'ohnson, Tex. Ramseyer Wilson, Miss. Cramton J'ohnson, Wash. Rankin Wingo Mr. GRAHAM. Mr. Speaker, I a ·k unanimous consent "for Ransley Wolfenden Crisp Kading the present con ideration of Hou._e Joint Resolution ~25, provid Cro ser Kahn Reece Wolverton Culkin ·Kearns Reed.R Y. ' Wood ing for an investigation of Francis J. Winslow, Umted States Cullen Kelly Robinson, Iowa . Woodruff. district judge for the southern di trict of New York which I Dallinger Kemp Robsion, Ky. Woodrum Darrow Kendall Rogers Wright send to the desk and ask to have re-ad. Davenport Ketcham Romjue Vl,przbach The Clerk read as follows: Davis Kiess Rowbottom Y<5n . Deal Kincheloe Rutherford Zihlman J'oint resolution (H. J'. Re : 802) providing for an investigation of NAYS-28 Francis A. Winslow, United States district judge for tbe soutbel'n dis Allgood Evans, Mont. Hare Major, Mo. trict of New York Peery Almon Frear Hill, Ala. Whereas certain statements against Francis A. Win low, United A swell Fulmer J'ones Rayburn Bankhead Garrett, Tenn. Lankford Sande.t·s, Tex. States district judge far the southern district of New York, have \Jeen Dickinson, Mo. Garrett, Tex. Leavitt Stevenson transmitted by the Speaker of the Hou e of Reprc ·entatlve:- to th~ Dominick Gasque Lozier Tucker Douglas, Ariz. Green McSwain Weaver Judiciary Committee : Therefore be it 1929 CONGRESSIONAL RECORD-HOUSE 3763 Resolved, That LEONIDAS C. DYER, CHARLES A. CHRISTOPHERSON, AN They made a preliminary examination, which was a prelimi DREW J. HICKEY, GEORGE R. STOBBS, HATTO~ W. SUMNERS, ANDREW J. nary step in the procedure. That committee heard any witnesses MONTAGUE, and FRED H. DOMINICK, being a subcommittee of the Com that were willing to appear before the committee. They bad no mittee on the Judiciary of the House of Representatives, be, and they power to compel anyone to appear before the committee. We are hereby, authorize'a and directed to inquire into the official conduct have not the right, unless the House gives it to us, to subpama of Francis A. Winslow, United States district judge for the southern witnesses and call on them to testify under oath. That au district of New York, and to report to the House whether in their thority being given, and the committee, recognizing that it was opinion the aid Francis A. Winslo\v has been guilty of any acts which proceeding under the Congress and that the Congress would in contemplation of the Constitution are high crimes or misdemeanors die on the 4th of March succeeding, took charge and this in- · r equiring the interposition of the constitutional powers of the House; vestigation was started but, of course, would die with the and that the said special committee have power to hold meetings in the Congress. A resolution exactly the same as this was adopted city of Washington, D. C., and elsewhere, and to send for persons and by the House for two purposes, first, to give the committee papers, to administer the customary oaths to witnesses, all process to power to make an investigation, and, second, to give the com be signed by the Clerk of the House of Representatives under its seal mittee all the necessary machinery and prolong its life beyond and be served by the Sergeant at Arms of the House or his special the period of its extinction through the adjournment of the messenger ; to sit during the sessions of the House until adjournment Congress. sine dte of the Seventieth Congress and thereafter until said inquiry is Now, then, in addition to that the committee was instructed completed, and report to the Seventy-first Congress. to report back to the House. That meant through the regular SEc. 2. That said special committee be, and the same is hereby, channels, which would be by the subcommittee of the Com authorized to employ such stenographic, clerical, and other assistance mittee on the Judiciary reporting to that body, and it to the as they may deem necessary, and all expenses incurred by said special House. This- subcommittee was not a special investigating committee, including the expenses of such committee when sitting in committee. Now, I desire to say to the gentleman that or outside the District of Columbia, shall be paid out of the contingent it would appear to me and the other members of the committee fund of the House of Representatives on vouchers ordered by said com with whom I have consulted that those words in the fourth line mittee, signed by the chairman of said committee : P1·ovided, however, were, perhaps, un~tentionally omitted. If you insert after the That the total expenditures authorized by this resolution shall not word "to," page 2, "report to the Committee on the Judiciary exceed the sum of $5,000. . . of the House," that would make it completely subordinate by The SPEAKER. Is there objection to the pre ent considera reporting back to the Committee on the Judiciary. Line 16, add tion of the joint resolution? the same words- Mr. SNELL. Mr. Speaker, reserving the right to object, this to report to the Committee on the Judiciary of the Seventy-first re olution which is pre ented by the gentleman from Pennsyl Congress. vania [Mr. GRAHAM] in fact sets up a special investigating com Now, I want to say on the general principle that if this were mittee for the purpose of investigating a Federal judge. Accord the rule of the House then these resolutions ought not to have ing to the rules of the House, and it has been decided a great been referred to us. They ought to have been referred in the many times, a resolution setting up a special investigating com first instance to the Committee on Rules. I want to say to my mittee must come from the Committee on Rules, because it pro friends of the House and everybody that such a procedure as poses a change in the rules of the House. I have no desire what this will be marked · with regret by those who assent to it ever to block an investigation of a Federal judge in the city making it the practice of the House. Whenever a man on the of New York, if the preliminary investigation made by the Com floor of the House_presents such statements as cloud the repu mittee on the Judiciary satisfies that committee that it ought tation and standing of a judge of the district court of the to be done, but a · a matter of proceeding in the House and as a United States he puts against that man what is equivalent to· matter of precedent it does not seem to me that we ought to go impeachment. I care not by what name you call it, impeach further in setting up these special investigating committees by ment or charges, it is an impeachment of the integrity and individual committees of the House every time any one of them mars the usefulness of the judge himself. The matter ought has a proposition before it, which it thinks should be investi to be proceeded with. It will be a sad day when these matters gated. J. know of several other committees that hfi:ve similar have first to go to the Committee on Rules where it would be propositions, and they think they should have the right to set said by the public it was only a subterfuge to delay a. procedure up these investigating committees. If the House feels that they which was s_tarted by charges made on the floor of the House. should have that right, then we should give the right to all of Mr. O'CONNOR of New York. Will the gentleman yield for them. OtheJ:wise, I do not think that we should begin adopting a question? · resolutions such as the gentleman has presented at this time. 1\lr. GRAHAM. I will. Mr. 1\TEWTON. 1\fr. Speaker, will the gentleman yield? 1\Ir. O'CONNOR of New York. In the resolution for the 1\Ir. SNELL. Yes. investigation of Judge English were the members of the com Mr. NEWTON. Does not the gentleman think there is a dis mittee named? tinction when it comes to resolutions of this ~aracter, because 1\Ir. GRAHAM. Yes. of the function the House performs under the Constitution in Mr. O'CONNOR of New York. I understand this committee respect to the impeachment of a Federal judge? It seems to me is made up of the ranking members on each side of the table? it rests upon a different foundation. Mr. GRAHAM. That is the understanding. l\Ir. SNELL. If there were real impeachment charges, then Mr. O'CONNOR- of New York. That was not the procedure it would go direct to the committee, and no one else would have in reference to the English committee? anything to do with it, but all this resolution does is it set up a Mr. GRAHAM. It was true with the exception of Mr. DYER special investigating committee, and it names those who are to who because be was engaged in another committee was not put compose that committee. The Committee on the Judiciary has upon the committee. nothing more to do with it than I have after this committee is Mr. O'CONNOR of New York. There were some other men set up. This special committee does not report to the Committee on the English committee who were not three of the highest on the Judiciary; it reports direct to the House as any other ranking Members. special investigation committee. If direct impeachment charges Mr. GRAHAM. I can not recall any. 1\fr. WELLER was one. were made, of course, it would go direct to the Judiciary Com This was a matter referring to the investigation and it was mittee, and that would be all there was to it. suggested that another oustanding member of the minority of Mr. GRAHAM. 1\fr. Speaker, I wish to answer the gentleman the committee, 1\fr. DoMINICK, should be placed on the com from New York [l\1r. SNELL] first by saying that this will not mittee. set up a special investigating committee. This resolution is Mr. O'CONNOR of New York. Another question. The gentle exactly the same as was passed by this House under exactly man understands I am not opposed to the investigation, but I similar circumstances in the English case, except that probably prefer to have direct impeachment, but is it not true the gentle inadvertently in the copying of it a few words were omitted. man from New York [Mr. LAGUARDIA] some years ago intro On the strength of that resolution the committee in the English duced a resolution referring to the southern district of New case charged with the duty of investigating was able to sub York, and that resolution was referred to the Committee on pama witnesses and proceed in a regular and orderly way to Rules. Did the gentleman from Pennsylvania protest against ascertain whether or not the charges that had been made on the that procedure? floor of the House were well founded. Mr. GRAHAM. I have no knowledge whatever about it. Mr. O'CONNOR of New York. l\1r. Speaker, will the gentl~ Mr. LAGUARDIA. There was no such resolution. It is man yield? different entirely. . Mr. GRAHAM. Not until I am through. In the English case . Mr. SNELL. If the gentleman will permit, I think the gentle exactly the same procedure was followed. The House referred man partly misunderstoOd my position. I have no objection to the resolutions to the Committee on the Judiciary. the Judiciary Committee having this investigation. 3764 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 . The only question that I am raising here ·is that this special The amendment was agreed to. investigating committee-! believe that is all yon are asking Mr. GRAHAM. And on line 17, after the words" report to," for-- insert "the Committee on the Judiciary of." Mr. GRAHAM. With the amendment-- The SPEAKER. The question is on agreeing to the amend Mr. SNELL. With the amendment-is imply a special inves ment. tigating committee that should be brought about in the regular The amendment was agreed to. way in accordance with the rules of the House, which provide Mr. DOMI~~CK. You ought to add the words "of the for the introduction of a resolution setting up those facts and House," so that it would read "the Committee on the Judiciary having it referred to the Committee on Rules. I can assure of the House." the gentleman now that if the members of the Judiciary Com Mr. GR.A.HAl\1. We haye done that. mittee came before the Rules Committee and would say, "We Mr. WINGO. Re ·erving the right to object, l\Ir. Speaker- have made a preliminary investigation and are satisfied we - Mr. GRAHAM. There is no right to object now. should go on with it," you would have no trouble in getting the Mr. WINGO. I want to get some information. Does the gen rule. The only thing I object to at this time is the method of tleman's amendment provide for a report to a committee of procedure. I know it is wrong and not in accordance with Congress, and not to Congress itself? the rules of the House, and it is my business as far as pos ible Mr. GR.A. .IIA.M. Yes. The other resolution contained exactly to protect them. the same language which was adopted by the House. The re Mr. GRAHAM. Is it not a fact that at least three, and I port came back to the Judiciary Committee, and from the Judi think four, matters of investigation came to our committee ciary Committee it was reported to the House, and we got without going to the Rules Committee and were acted upon by authority for impeachment. our committee to the final determination of the whole question? Mr. WI~GO. I understood the resolution as it was read pro Mr. SNELL. I do not know that that happened. If it did, vided fur a certain inYestigation after the adjournment of it was contrary to the rules of the House. Congress? Mr. GRAHAM. Did the gentleman protest against that? Mr. GRAHAM. Yes. Mr. SNELL. I did if I knew it. Mr. WINGO. My thought was that the subcommittee of this Mr. GRAHAM. I say this does not establish a precedent for House should report to the House, and the Speaker would any other committee. It is connected with the subject of im report that to the committee, and the Judiciary Committee peachment. 'J.'his, under the Constitution, stands upon a dif would report back. I think it would be irregular to have a ferent basis; and as the Committee on the Judiciary is the special report made to the committee and not to the House. proper committee to be charged with the investigation of these Mr. GRAHAM. It is not a special committee. I have cured matters, this ought to go to them. The delay in this matter is that beyond question. doing injury to the administration of justice, and possibly pre The SPEAKER. The Clerk will again report the amend venting the examination which would disclose the truth and tell ment. us whether or not action should be had in this case. The Clerk read as follows: Mr. SNELL. I might be misunderstood if I objected, from On page ~ 2, line 17, after the word "to " where it occurs the econd the fact that the man comes from my State, and some people time, insert the words " the Committee on the Judiciary of the House might think I was opposed to an investigation, although I never of." met the man. I do not object to this, but hereafter I shall object to such a resolution, no matter where it comes from, and Mr. WINGO. Mr. Speaker, I ask that the text be read now I want the House to know it. as it will be when the amendment is adopted. Mr. SCHAFER. Reserving the right to object, if this reso The SPEAKER. The Clerk will report it. lution is referred to the Rules Committee, would we be assured The Clerk read as follows : that there would not be a pocketing of the rule as in the case To sit during the sessions of the House until adjournment sine die of the retirement bill? of the Seventieth Congress, and thereafter until said inquiry is com Mr. SNELL. That would depend somewhat upon the condi pleted, and report to the Committee on the Judiciary of the House of tions surrounding it. The chairman of the Rules Committee the Seventy-first Congress. is always willing to meet the obligations as they come. The SPEAKER. The question is on agreeing to the amend Mr. DOWELL. :Mr. Speaker, I ask for the regular order. ment. The SPEAKER. The regular order is, Is there objection? The amendment was agreed· to. Mr. MORTON D. HULL. Reserving the right to object, Mr. The SPEAKER. The question is on the engrossment and Speaker, does the record in any recent cases of this kind show third reading of the resolution as amended. whether this committe.e has taken up a preliminary investiga- The resolution as amended was ordered to be engrossed and tion without referring it to the committee? · read a third "time, was read the third time, and passed. Mr. GRAHAM. No. In one case the communication came to .A motion to reconsider the last vote was laid on the table. the Speaker of the House, and the Speaker referred it to the Judiciary Committee. We investigated that case thoroughly, FEDERAL RADIO COMMISSION and laid the impeachment charges on the table because they Mr. WILLIAMS of Illinois. Mr. Spe8.ker, by direction of the were not sustained. Committee on Rules; I call up the House Resolution 321. Mr. CELLER. Reserving the 1·ight to object, Mr. Speaker The SPEAKER. The Clerk will report it. and I shall not object-may I ask the distinguished chairman The Clerk read as follows : of the Committee on the Judiciary this question: Does the House Resolution 321 chairman of that committee believe that Congress is a contin Resolved, That upon the adoption of this resolution it shall be in uing body, with the right to appoint a subcommittee of this order to move that the House resolve itself into the Committee of the sort, to subp<:ena witnesses and conduct examinations after Whole House on the state of the Union for the consideration of H. R. March 4? 15430, a bill continuing the powers and authority of the Federal Radio Mr. GRAHAM. Certainly. If this joint resolution, which is Commission under the radio act of 1927, and for other purposes. That the action of both Houses, is passed, then this committee will after general debate, which shall be confined to the bill and shall con re.tain its powers, notwithstanding the adjournment of Con tinue not to exceed two hours, to be equally divided and controlled by gress. those favoring and opposing the bill, the bill shall be read for amend· Mr. CELLER. Does this resolution have to meet with the ment under the 5-minute rule. At the conclusion of the reading of the assent of the Senate? bill for amendment the committee shall rise and report the bill to the Mr. GRAHAM. Yes. It must have the consent of the Senate. House with such amendments as may have been adopted, and the pre The SPEA..KER. Is there objection? vious question shall be considered as ordered on the bill and the amend· There was no objection. ments thereto to final passage without intervening motion except one Mr. GRAHAM. Mr. Speaker, I desire to offer two amend motion to recommit. ments. On page 2, line 4, speaking of the subcommittee and its report, after the word "to," where it occurs the second time, Mr. WILLIAMS of Illinois. Mr. Speaker, the resolution just insert the words " the Committee of the Judiciary .of." reported makes in order the consideration of House bill 15430, The SPEAKER. The Clerk will report the amendment introduced by the gentleman from Maine [Mr. WHITE], chair offered by the gentleman from Pennsylvania. man of the Committee- on the Merchant Marine and Fisheries. The Clerk read as follows: I shall not attempt to enter into a detailed discussion of the provisions of the bill at . this time. The main purpose of the On page 2, line 4, after the word "to," where it occurs the second bill is to extend for anotber year the life of the Federal Radio time, insert the words " the Committee of the Judiciary of." Commission. The radio act became a law in 1927. A Radio The SPEAKER. The question is on agreeing to the amend Commission was established, to· which was given original au ment. thority in all matters relating to the radio, to the licensing of 1929 CONGRESSIONAL RECORD-HOUSE 3765 stations and to all of the many other complicated matters that made to encourage cigarette smoking as substitute for wholesome foods. have come up out of the marvelous development of the radio in Nevertheless this appeal is addressed to you upon public grounds. the last few years. The life of the commission in the original Please note that a special meeting has been called for March by the act was for one year, during which time it &hould exercise origi International Advertising Association, formerly the Association of Ad nal jurisdiction and power in these matters. A year ago the vertising Clubs of the the World, to take action on current cigarette work of the commission not having been completed, Congress advertising l>roadcasting; also that responsible cigarette manufactur passed an act extending its life for another year. That act ers have definitely dissociated themselves from the broadcasting cam will expire on the 23d of this month, and unless this bill is paign now being conducted by the American Tobacco Co., and that enacted into law before that time, this commisE>ion will lapse· so leading advertising publications have denounced the campaign as a far as the original jurisdiction of the commission is concerned. blow to honest advertising. G€orge W. Hill, president of the American There ·eems to be a general opinion among those who have Tobacco Co., in letter widely published in the newspapers, makes this investigated the radio situation that this commission has ren specific statement : " I would be shocked, as anybody else, if a tobacco dere
3766 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 say to myself, "Reach for a;...... ;...=._ instead of. a sweet." In the toasted Mr. WAINWRIGHT. And that tempors,rily they have been flavor of. --- I get complete satisfaction. And I find that toasting, given practically the entire administration of the law. by removing the irritants, protects my throat. Mr. BANKHEAD. Yes; that is true. GEO. FRIED, Mr. WAINWRIGHT. And the question which I think a Oo~mander of Steamship America, great many of us who are somewhat familiar with the subject The SPEAKER. The time of the gentleman from Texas has would like to have answered is why it is that the Department again expired. of Commerce should not be permitted to assume the jurisdiction Mr. BLAOK of Texas. Will the gentleman yield me one more and the re ponsibility which the law contemplates. minute, and then I will conclude? Mr. BANKHEAD. I am sure that matter will be very fully Mr. WILLIAllfS of Illinois. . Very well; I yield the gentleman discus ed by the gentlemen on the committee when it comes up. one more minute. I know we did have some informal discussion of it when the Mr. BLACK of Texas. I just want to say this one more word matter was before the Rules Committ9e. to express my great regret that men like Capt. George Fried, This is all I desire to say, Mr. Speaker. This is a unanimous after having received the thanks of the Congress of the United report from the Committee on Rules and I under tand there States for his heroic achievements, would lend his name to was practically a unanimous report from the Committee on the advertising of this sort. Of course, it is his privilege to do it, Merchant Marine and Fisheries. [Applause.] but I am sure that many of his admirers had rather he had Mr. WILLIAMS of lllinois. Mr. Speaker, I move the previous refrained. question on the resolution. I do not advocate a censorship law by the Congress of the The previous question was ordered. United States, but I want to express my pride and satisfaction The SPEAKER. The question is on agreeing to the resolu that men like that splendid young man whom the United States tion. has honored so greatly, Oe>lonel Lindbergh, has declined to lend The resolution was agreed to. his name to any advertisements of this kind. I hope that MAKING IT A FELONY FOR ALIENS TO ENTER THE UNITED STATES IN others will follow his example. I also venture the hope that, VIOLATION OF LAW without any cen orship on the part of the Congress, the Ameri can people will speedily condemn· this unethical advertising Mr. JOHNSON of Washington. l\Ir. Speaker, I ask unani that we see so much of these days. [Applause.] · mous consent to take from the Speaker's table the bill (S. 5094) l\fr. WILLIAMS of Illinois. l\Ir. Speaker, I yield five minutes making it a felony with penalties for certain aliens to enter to the gentleman from Alabama Il\Ir. BANKHEAD]. the United States of America under certain conditions in viola Mr. BANKHEAD. Mr. Speaker and gentlemen of the House, tion of law, insist on the Hou e amendment and agree to the there is really no necessity for my making any comment what conference a. ked for. ever upon this rule. It is the ordinary rule providing for two The SPEAKER. The gentleman from Washington asks unan hours of general debate upon this bill or resolution from the imous consent to take from the Speaker's table the bill S. 5094, Committee on the Merchant Marine and Fisheries. insist on the House amendment and agree to the conference The nature of the bill has already been explained fully by asked for. Is there objection? the gentleman from illinois [l\fr. WILLIAMS], and this is really l\Ir. DICKSTEIN. Reserving the right to object, what i'3 the legislation in the nature of emergency legislation. purpose of the request? We have had a great deal of controversy since the beginning Mr. JOHNSON of Washington. To send the bill to confer- of radio utilities as to the control of wave lengths and licenses ence. and other regulations, and I must say we may as well realize The SPEAKER. Is there objection? now, gentlemen, that the Congress of the United States is There was no o}?jection. merely standing upon the outer threshhold of that legislation The Chair appointed the following conferees: ?tlr~ JoHNSON which will be required, as the years come and go, because of the of wa hington, Mr. VINCENT of Michigan, Mr. SCHNEIDER, Mr. constant advances and improvements and changes of condition S.ABATH, and Mr. Box. that are being made with reference to radio communication. FEDERAL RADIO COMMISSI0:8 I know that the Committee on the Merchant Marine and Fisheries has given this matter, as they always do, very careful Mr. WIDTE of Maine. Mr. Speaker, I call up the bill and conscientious and thorough consideration. Without engag (H. R. 15430) continuing the powers and authority of the Fed ing in any invidious comparison, I want to say I know of no eral Radio Commission, under the radio act of 1927, and for committee of the House of Representatives that brings to the other purpo es, and pending that I would like to inquire as to examination and consideration of bills before it more thorough the control of the time. The rule gives one-half of the time to and exhaustive and wise examination than the committee which those in favor of the bill and one-half to those opposed to the is so ably led ·by the distinguished gentleman from Maine [l\fr. bill. I would like to be advised as to who will have control of WHITE]. [Applause.] the time in opposition. There is no change in the organic law at all with reference Mr. FREE. Mr. Speaker, I am a member of the committee to the Radio Commis ion. This is merely an extension of its and opposed to the bill. authority and unless this resolution is passed before the adjourn Mr. CELLER. Re erving the right to object, may I ask ment of this Congress, as has been explained to you and will be whether or not there is any member of the committee on this explained to you by the gentlemen who discuss it, the present side of the aisle who is opposed to the bill? authority of the Radio Commission will become functus officio Mr. WHITE of Maine. Not as far as I know. and all of the real powers now held by them will revert to the Mr. CELLER. I am opposed to the bill, and if it is in order Commerce Department. I would like to have some agreement as to the time that will Mr. WAINWRIGHT. Will the gentleman yield? be given this side. Mr. BANKHEAD. Yes. The SPEAKER. The gentleman from California can yield Mr. WAINWRIGHT. May I ask the gentleman why the the time to that side. time has not arrived when the jurisdiction of the Department The Chair desires to state that he overlooked the fact that of Commerce, which is contemplated by this law, should attach, the House yesterday gave permission to the gentleman from and whether the question presented by this bill is not really Florida [Mr. SEARs] leave to address the House for 10 minutes whether the Radio Commission should be continued perma after the disposition of matters on the Speaker's table. The nently or not. Ohair would be glad if the gelentleman from Maine will with Mr. BANKHEAD. I am very sorry I can not answer that hold his motion until the gentleman from Florida has addressed question with the degree of authority I would like, but after the the Hou e. compliment I have paid to the gentleman from Tennessee and Mr. WHITE of Maine. I will do so. the gentleman from Maine and their associates, when the bill comes up for discu sion under the 5-minute rule, I am sure they FLOOD CONTROL IN FLORIDA can supply to the gentleman from New York the information l\Ir. SEARS of Florida. Mr. Speaker, recently our State has which he seeks. been honored by the President elect spending a month, enjoying Mr. WAINWRIGHT. In other words, if the gentleman will our sunshine and wonderful fishing. Last Friday and Saturday yield for just a brief observation-- he went over the Everglades to study the flood-control situa Mr. BANKHEAD. Ye ; I will be pleased to yield. tion. Repeatedly the charge has been made that the Repre Mr. WAINWRIGHT. As I understand, the law contemplates sentatives from Florida, both in the Senate and the House, have that the entire administration of the regulation of radio shall done nothing to secure :O.ood-control relief from the Government. rest with the Department of Commerce and that the Radio I have publicly thanked the Speaker from one end of the Commission shall be an ad-v-isory or appellate body of some kind. fourth district to the other for the hearty cooperation and as Mr. BANKHEAD. Not under existing law. ·- sistance he gave Congressman DRANE and myself in this matter. 1929 CONGRESSIONAL RECORD-HOUSE 3767 I would not take up the time of the House except for -an The SPEAKER. The question now is on the motion of the article which appeared in the Washington Post of February lu, gentleman from Maine that the House resolve itself into the _in which I find the following: Committee of the Whole House on the state of the Union for the consideration of the bill H. R. 15430, continuing the powers Now, Mr. Skipper wants Mr. Hoover to take it all over for comple- and authority of the Federal Radio Commission under the tion at a cost of $10,700,000. Representative DRANE, the Democrat who radio act of 1927, and for other purposes. represents the district, thought he was showing considerable initiative The motion was agreed to. when he introduced a bill asking the Federal Government to pay some Accordingly the House resolved itself into the Committee of of the estiinated remaining cost.• Mr. Skipper retorted, in effect, that the Whole House on t'be state of the Union for the consideration this was absurd, that the Republicans do not do things that way. of the bill H. R. 15430, with Mr. CRAMTON in the chair. The Republicans say they want the project taken entirely from the The Clerk read the title of the bill. bands of the State authorities, these State authorities all being Demo- Mr. WHITE of Maine. Mr. Chairman, I ask unanimous crats now suggesting that their backs are against ~he wall. It has consent that the first reading of the bill be dispensed with. been a political football too long Republicans aver. Or as one grizzled The CHAIRMAN. Is there objection? old codger at Canal Point put it poignantly: "The State authorities There was no objection. up at Tallahassee have almost drowned me twice. So, damn it, I Mr. WHITE of Maine. Mr. Chairman, I yield myself 20 voted for Hoover and I want to see what he can do." There was more minutes. This bill bas involved in it four simple propositions. than prohibition and religion in the campaign in this section of Florida. It contemplates, in the first instance, the extension of the origi- On December 6 I introduced a flood control bill. Congressman nal authority of the Federal Radio Commission for another year. DRANE introduced a bill, and Senators FLETCHER and TRAMMELL · The second provision of the bill authorizes the continuation of introduced bills. Again, on January 10 to February 6, we bad -the annual salaries of the commissioners for a period of one bearinus which I have before nie, .and the House Committee. on year. The third seetion of the bill extends for another year the Flood Control bas unanimously practically agreed upon a bill limitation upon the life of broadcasting and other licenses which providing that the Government shall pay $6,000,000 and the -the commission is authorized to issue. The fourth section of State pay $4,700,000. Now, we have a Republican Con~ress the bill deals with the legal staff of the commission and author and a Republican President. Speaking for myself and, I beheve, izes the employment of a special counsel at a salary of $10,000 for my colleagues, if you are willing to give us tJ;tat ~urn we a year, and the employment of three assistants to the general have no objection. We have tried to follow the legislative pro- counsel at salaries of $7,500 a year. Those are the four propo cedure. We have waited until we received a favorable 1:eport sitions involved in this legislation. from all Government engineers, and we have waited until the Extensive hearings were held before the Committee on the committee has drafted a bill. In fairness to my Republican Merchant Marine and Fisheries. At the time the vote was bad friends and Democratic friends, I want to say that politics in the committee, the action of. the committee was unanimous. have not entered into this question. I want to say, in fairness It bas since appeared that one member who was not present at to my Republican friends of this House, that on these ~e~t the time of the vote is in opposition to the bill and will control questions I have never found politics entering into them; It IS the time and speak in opposition to the bill. So far as the chair only a matter of whether we can show that we are fairly and man is advised, except for that gentleman, the determination of justly entitled to the relief sought. . . the committee was a unanimous one. I have worked in season and out of season for relief, for flood By act of 1927 there was set up a Federal Radio Commission control and I b·ust the national Republican committeeman was upon which was conferred original jurisdiction for the period of misquoted or misstated when he said that Congressman D~E one year from the date of the first meeting of the commission. did not know anything about the situation down there. I s!n- The commission met on the 15th day of March, so that the year's cerely hope that at this session of Congress, a!t.hougb I re~hze time dated and ran from the 15th day of March, 1927. At the and appreciate the legislative congested condition that ens~, expiration of that one year, the time in which original authority · this bill ·practically agreed on by both Democrats and Repub~l- was vested in the commission, it was the contemplation of the cans, in the Committee on Flood Control, will become a la~ m original legislation that the original authority should be trans order that there may be no further loss of life in that sectiOn. ferred to and lodged in the Secretary of Commerce. The legisla We have prepared this bill along the lines of the Sacramento tion became a law, and was approved by the President on Feb River problem. The Sacramento River problem differed from ruary 23, 1927. The nominations of the commissioners were ours in that no lives were lost there. That was all that the sent to the Senate between February 23 and the adjournment of committee would give us, and in fairness to them and to myself, Congress on the 4th day of March. Only two of the commis I say it was the best solution that we could secure. I feel that sioners were confirmed by the other body. No action, or no ad the State of Florida will be perfectly satisfied if we can get that verse action, I am not in tantly apprised which, was had on bill through and prevent further loss of life amon~ th~ people three of the other members of the commission. So that commis from different sections of the country who are movmg mto our sion started its life and functions with but two of the five mem wonderful State. Nearly 4,000 lives have already been lost, and bers having received the confirmation of the Senate of the now if it is made a political question it would not onl be fatal United States. During this first year of the life of original but could not be defended. authority of the commission, two of the commissioners resigned I again thank the Speaker. He is thoroughly famil~ar with and one commissioner died, so that during this entire first year everything I have said. He remembers the conference that my of original authority, there was no time during which more than friend and colleague, Mr. DRANE and myself, bad with him, and two members of the commission were sitting as confirmed mem he recognized my colleague out of order to bring up the bill for bers, and for most of that period of one year but a single mern a special survey. . ber of the commission bad been confirmed by the Senate of the I have always said that I care not who gets the credit so long United States. as Florida gets what she is entitled to. I again repeat my Mr. MORTON D. HULL. Mr. Chairman, will the gentleman Republica!! colleagues have not made political questions out of yield? the lo s of human life. Mi·. WHITE of Maine. Not now. It is also a fact, because If this bill does not pass during the present session, it will in- of the legislation coming so close to the end of the Congress, deed be unfortunate, as the Florida Legislature meets next ~pril, that there was no opportunity to make adequate appropriations and as the legislature only meets every two years there may be for the functioning of the commission. So that during this first a po-ssible delay. I am hoping the legislature can pass such laws year the commission was confronted not only ~ith t~is unc~m as will meet the requirements of the bill as finally passed and firmed personnel but it faced also all of the difficulties wb1ch thereby save as much delay as possible. If the bill is not enacted arose from the complete failure of funds for purposes of organi .at this session, it will practically automatically become a law at zation and purposes of study. So that whatever may be the the next session, for I am satisfied it will have in the House the delinquencies chargeable to the commission during that first unanimous support of the committee and my colleague, Congress- f man DRANE with whom I have cooperated. As a last request -I year of life, there is a very substantial measure o excuse. or want to urge' my colleagues to support the meas.ure ·and assist extenuation for what some of us have thought to be nonacbond t in giving Florida this relief to which we are entitled. I thank during that time. February 23 and March 16 rolled aroun 1as year and because of the conditions to which I ha"Ve alluded, you. [Applause.] very' little had been done toward the solution of the probl~ms FEDERAL RADIO COMMISSION of radio which were pressing upon the people of the Uruted The SPEAKER. The gentleman from Maine asks unanimous States and those in authority. . In that situation it seemed to the consent that the time provided for under the rule be equally Committee on the Merchant 1\Iarine and Fisheries of the House, divided between himself and the gentleman from California and it subsequently seemed to both branches of the legislative [Mr. FREE]. Is there objection? body, that this original autho1ity should be fu~ther cont~?ed, There was no objection. and ultimately Congress did pass an act extendmg the ortgmal 3768 .CONGRESSIONAL RECORD-_HOUSE FEBRUARY 19 authority of-the commission for one more year; that is, from Beyond this point-to-point continental band there have come March 16, 1928, to March 16, 1929. new problems in connection with short waves in international In the legislation of last year, however, two changes were communication. Only a few short years ago international com made in the law. In the first place it seemed wise to place a munication was carried on by the long waves and the utilization limitation upon the tenure of office of the co-mmissioners. And of tremendous power in the projection of these waves across the legislation of last year provided that the commissioners continents and across oceans. should hold office only for a term of one year; that is, until the In recent months there has come a ·knowledge that these · 23d day of this present calendar month. Then in this-legislation short waves are valuable in the extreme for international com also a very great burden was placed upon·the commission. Dis munication. There have been before this commission frequent satisfaction had arisen because of the failure of the commission hearings with respect to the proper disposition of these short to make distribution of radio services throughout the entire waves in international communications. Your committee feels United States as called for by the 1927 law. that -this body should be permitted to continue in the study of There were charges of gross discrimination against .sections those problems and in the working out of the proper answers of the United States, against many States of the Union, and to them. against communities within States; and in order to meet the There is another phase of the matter, which is of conse contention and criticism Congress enacted what was known as quence, involved in the proper disposition of these short waves. _the Davis allocation or equalization amendment which _provides There are controversies, or, if not controversies, differences as . for the equal allocation of radio facilities, first equally to the between the countries of this hemisphere. We can not confine zone, then within zones allocations to the various States in within the continental United States either the waves within proportion to the population of the States. That amendment the broadcasting bands or the waves within the point-to-point required a long anrl painstaking study on the part of the com _continental United States band. They reach Canada and Mex mi sion. The commission, the funds having been appropri-ated, ico and into Cuba; and for months negotiations have been organized as best it could. They set up a legal department, they going on between the United States and Canada and Mexico set up an engineering department and began to study the scien and Cuba in the hope that there might be worked out an equita tific problems involved in the amendment and worked out meth ble arrangement for use, by these respective countries and their ods and the principle of equalization among all the zones and nationals, of these wave bands. It is vital in the interest of among the States. That work car-ried along until the fall of all that there should be a friendly settlement of conflicting this past year and it was not until November 11 that the result claims as to the use of these waves between these countries. of the studies and labors of the commission were ready to be Your committee reached the conclusion that it was infinitely .made effective. On that date the reallocation plan became effec best that the members of the Federal Radio Commis ion, who tive, and is responsive, the commission believes, to the purposes have been conducting these negotiations, should conclude them. and intent of the so-called Davis equalization amendment. That These reasons actuated the committee in advocating the exten provision has been in effect hardly three months of time. It sion of this original authority for a year's time. involves, speaking generally, a readjustment of 94 pet~ cent of What is the alternative if you do not do it? Unless the the entire broadcasting structure of the United States, change original authority of this commission is continued for another of licenses, of frequencies, power, time operation, and in work year, that original authority will revert to the Department of ing out that reallocation 90 per cent of the entire broadcasting Commerce. Then you must -build up in the Department of structure of the United States underwent a change. I think that Commerce a -comparable organization or face a hiatus in radio it necessarily follows that the set-up is tentative in character, control. You must build up there an engineering department, and there will appear in the life under that allocation oppor a legal department, an administrative department, and a cleri tunities for improvement in the situation. The first considera cal department, adequate in character and personnel, to deal tion which moved the Merchant Marine and Fisheries Com- with these problems. If you do that, you will have a duplica • mittee to recommend further extension of the original authority tion of the personnel of the Federal Radio Commission in the of the commi sion is our belief that this commission which Department of Commerce. If you do not do that, what do worked out this reallocation plan knows the purposes and rea you. find? Why, without such an organization in the Depart sons for it and therefore is better qualified to deal with problems ment of Commerce, -it is inevitable that there will be referred of readjustment that are inevitably involved, are better quali to the Federal Radio Commission, by the Secretary ·of Com fied to deal with those problems and perfect the system, than merce or by the appeal of _interested parties, every question, ariy new authority could be. So your committee felt that the every application that involves a major question of policy, or best interest for all those interested in the question of broad that involves a controversy as to policy or a.S to facts. casting transmission and all the peop~e who are interested in Without such an organization in the Department of ·com 1·eception will come from continuing the life of this present merce it is inevitable that every problem of consequence or of commission. difficulty will be automatically transferred to the Federal Radio Now, in the minds of the public; the radio broadcasting Commission or taken there by appeal, and if in the last analy looms large, but in addition to the development of radio broad sis the Federal Radio Commission is to be obligated ·to meet casting there is a development that has gone on during recent the majo_r problems involved in this great subject, if they are to years that raises important questions outside of broadcasting have the onus, the burden of ultimate decision, it seems wise to bands. A year or more ago short waves were of little concern; your committee that they should go on meeting that responsi they were in comparatively little use. During the last two years bility and have the dignity of original authority in connection there has come an entirely new appreciation of the importance therewith. Now, those considerations are those which influ of the short waves. The band between 6,000 kilocycles and 1,500 enced the committee in reaching its conclusion. kilocycles is known as the commercial continental point-to-point The CHAffil\IAN. The time of the gentleman from Maine band. Within that band, which I call for purposes of definition has expired. - the continental point-to-point band, ranging between 6,000 and Mr. WI;IITE of Maine. 1\Ir. Chairman, I yield myself th1·ee 1,500 kilocycles, many serious problems have arisen. There are additional minutes. I will only take time to refer to the provi a very limited number of these bands available for commercial sion authorizing an increase in the salary of counsel for the point-to-point service within the United States. There are an commission. I know you are all familiar with the fact that almost unlimited number of applicants for them. The duty is there are now pending in the courts various cases involving not upon some one to determine two things : First, to whom these alone the determination of rights between litigants but case channels within this continental point-to-point band shall · be going to the very basi of the legislation which we enacted in allocated, and second, for what purposes the short waves within 1927, and challenging in fact the authority of the Congress of this band shall be utilized. the United States to deal effectively with radio transmi sion Now, in the determination of those questions there are in and radio communication within the United States and through volved matters of public policy~ and when these matters of public out the world. Opposed to the United States, opposed to the policy have been first determined tl;lere is involved a necessity of commission, and opposed to the legislation and the as ertion of deciding who of the hundreds of applicants for the e channels authority by Congress we find marshaled some of the greatest are best qualified to respond to a public benefit and public lawyers in the whole United States. In one particular case advantage in the u e of these short waves. recently heard in the District of Columbia there was l\Ir. Hogan, Mr. CELLER. Mr. Chairman, will the gentleman yield? of the District bar, and Charles Evans Hughes, of the New Mr. WHITE of Maine. Not now. York bar, and associated with them have been attorneys of the Now, the commission has conducted an examination, and I character and of the ability of John W. Davis. Now, under the might add, an intensive study, of this point-to-point band, and original procedure t_he commission paid its attorney $7,500 a your committee believes that the continuation of that study and year, but the Comptroller General said that was illegal and that that action, in response to the determination of that study, had salary was cut to $6,500. Your committee are unanimous in the best be left, as it is now, in this body that has given study to it view that if the integrity of our legislation is to be successfully for more than a year's time. defended and if the authority of Congress is to b.e maintained, 1929 CONGRESS! ON AL RECORD-HOUSE 3769 we should have available to. the United States the best counsel it occurs to me that some su·ch practice ought undoubtedly to be adopted that it is possible to obtain at a reasonable salary, and we have by this commission. believed that a salary of $10,000 a year was more likely to con To further show the way the commission handles these tinue in the service of the Gove!"nment and more likely to obtain matters, may I quote from the testimony of Commissioner for the United States the character of counsel deemed necessary Lafount: than a salary of $6,500 a year. So we have recommended this increase in the legal force and in the salaries to be paid the Mr. LAFOUNT. Congressman, as I have tried 1:£1 explain to you, we legal force of the commission. do not have any way or means of testing all the equipment of all o! 1\Ir. CELLER. Will the gentleman yield? the technicians representing all of the applicants. We never question l\lr. WHITE of Maine. I yield. the R. C. A. or the Mackay people; we do not know whether their 1\Ir. CELLER. Would the gentleman suppose that $10,000 or equipment is such as will permit them to do that with which they apply $11,000 will get a lawyer of the caliber of John W. Davis or for. And we see no reason-- Charles Evans Hughes to :fight for the Government? Mr. FREE. Well, should not you do that? Pardon me for interrupting Mr. WHITE of Maine. I have no such illusion as that. I you, but is not that one of the purposes for which this commission is do not thinlc nny salary will get John W. Davis or Charles organized-to investigate those very things? Mr. LAFOUNT. · No, sir (p. 960 of the hearings). Evans Hugli~s back into the governmental service, but I do submit that there is a sufficient gap between $10,000 a year and It further appears that applications, after being made, are $6,500 a year to give hope, at least, that we will secure a high neither granted nor denied but simply held in suspension by the grade of counsel for the United States. [Applause.] commission so that the applicant has no opportunity to pursue The CHAIRMAN. The time of the gentleman from Maine his application, either to an appellate body or to the courts, as has again expired. no final action is taken and the commission goes along in its 1------. l\lr. FREE. Mr. Chairman, ladies and gentlemen of the com own easy way, simply leaving these applications pending for mittee, the Radio Commission was created in the Sixty-ninth months and, sometimes, years. Congress by an act approved February 23, 1927. The commis In order to show you the utter lack of knowledge of the sub sion was to have original jurisdiction of matters concerning ject by the commission itself I would like to make some quota radio for one :rear. Thereafter, the Secretary of Commerce was tions from the testimony of 1\Ir. Robinson, chairman of the com to have such original jurisdiction and the commission was to mission. May I say, by way of digression, that Mr. Robinson berome an appellate body to determine appeals by dissatisfied is a delightful gentlemen with pleasing manners, but that does applicants and also to consider such matters concerning radio as not mean that he has familiarized himself with the subject witll were referred to it by the Secretary of Commerce. which he is dealing sufficiently to remain on the commission. At the end of one year, very little had been done by the com Again, I quo.te his testimony : mission. This was partly due to the fact that the commission Mr. DAns. Will you, as chairman of the commission, file with the had been very much di organized, through death and otherwise. committee a complete list of the reallocations as of this date, embrac So, the Seventieth Congress, under an act approved March 28, ing whatever corrections and changes that have been made? 1928, the original jurisdiction of the commission was continued !iir. ROBINSO:-<. As a member of the commission I am not familiar until February 23, 1929, and, thereafter, commissioners were to with those details but I will have it prepared. (Page 11 of the bear be appointed for the terms of 2, 3, 4, 5, and 6 years, respectively, ings.) as provided in the radio act of 1927, thereby becoming an It appears that he is not even informed as to the short-wave appellate commission. allocations- H. R. 15430, which is now before us, has for its purpose the continuation of the original judsdiction of the commission for Mr. BRIGGS. Now, ·turning for a moment to the low-wave length, have another year. After two :rears we find radio matters in almost all of those been allocated? a much chaos as when the commission was first created, and Mr. ROBINSON. You mean the short waves? we can not expect any change in the policies, procedure, or atti Mr. BHIGGS. The high frequency. tude of the commission by reason of the fact that three of the Mr. ROBINSON. No; not all of them. commissioners have been reappointed, two of tlle other com Mr. BRIGGS. How much has the commission reserved ft·om allocation, missioners having resigned. Tllis means that the same policy if it has made any reservation at all? and the same inefficiency and the same chaos will continue for Mr. ROBINSON. I have it on my desk, but there are so many ramifica another year if this bill is made a law. tions, figures, and details in all of this radio subject that I do not recall In order that you may understand some of the reasons for the what it is. chaos which exists, let me quote from the hearings before the Mr. BRIGGS. My thought was not exactness; my thought was whether Committee on the Merchant Marine and Fisheries of the House you could make an estimate of a third or a half, or whatever it might of Representatives, held during the months of January and be. If you do not know, I shall not press it. February, 1929. On page 7 thereof, Commissioner Robinson, Mr. ROBINSON. It can readily be given to you by Commander Craven, who is the chairman of the commission, by the way, states: or, perhaps, one of the other commissioners might have it in mind ( p. 40 of the hearings). Except for isolated exceptions, the commission bas no rules and regulations. Nor does be know the broadcasting stations which are on chain hook ups. May I also say that the commission has no orderly procedure in regard to these matters, and on this proposition may I quote l\fr. REID. Now will you tell the committee whether or not the sta from page 82 of said hearings, as follows : tions in Chicago that have a clear channel are a part of any chain? Do you know 'l Mr. DAns. Has the commission ever given consideration to proceed 1\Ir. RoBINSON. Some of them I have no doubt are, but I do not know ing in a more dignified, and a more orderly, and n more judicial manner, the details. to permit that sort of practice to take place and take up the time of Mr. REID. All right. Now, bow many clear channels have we? the commission in that way and expecting a single commissioner or an Mr. ROBD Yr. ROBINSON. Of eom·se, we granted a new license to every station. invited a little l~ter to a demonstration or an experiment. I went to Mr. LEHLBACH. I mean, how many new stations were licensed? it. I did not know any more about it after I went, so far as I am con Mr. ROBINSON. I am not prepared to say (p. 74 of the hearings). cerned, than I did before. I saw them doing these thing and saw what .they were doing, but that meant very little to me as a laWyer. It would certainly seem that a commissioner, who e job it is After that was over I had a detailed talk with C<>mmander Craven. to pass on these questions, would have at his tongue's end this I said, " Do you know just exactly how these people are doing this and fumlamental information. what they are doing it with?" Probably the most glaring illustration, howe•er, of the lack He said, "I do." of the protection of the people's interest by the Radio Commis "Well," I said, "does it work all right? Are you satisfied that it sion is shown in the recent allocation to the Universal Wireless works all right?" Communication Co. of what are termed short waves for point He said, "I am." to-point commereial communication in continental United I said, " If you are, I am going to back your judgment on the State··. There were -various applicants for all or part of the proposition," and in the meantime we got these checks from the Navy available short waves. Newspapers of the United States asked Department, who checked it (p. 814 of the hearings). for 20 of these channels and they were allocated to them. The Radio Corporation of America, now engaged in transoceanic Commissioner Lafount in his testimony before the committee service, asked to utiliz·e some of the channels now used in that .stated that he voted for the allocation because they had prom service also in point-to-point com'1lunication in the United ised they would do at least five times as efficient work with States and asked for some additional channels to be used in sucll the channel as is now possible, and also because this alloca continental service. The Mackay Radio and Telegraph Co. made tion was recommended by Commander Craven and by Dr. A. a ·imilar request; also the Wireless Telegraph and Communi White Taylor, a civilian employee of the Naval Research cation Co. of Illino-is. I also understand the International Laboratory. Mr. Lafount's testimony on the subject is as Telephone and Telegraph Co. would like to have some of these follows: channels. Mr. LAFOUNT. That they were able to duplicate the channels five On January 17 and 18, 1928, a general hearing was held by the times; that they could do at least 'five times as efficient work with a commission, to which all of these applicants were permitted to channel that was not possible and, as a matter of fact, being done. appear and put forth theh· claims and I believe all of the above Mr. FREE. Was anyone permitted of the other applicants for these named concerns did o appear. channels to examine their layout? On September 25, 1928, a sort of hearing was granted to the Mr. LAFOUNT. I could not tell you that, sir. Universal ·wireless Communication Co. to present further evi Mr. FREE. Will you n<>w, as a commissioner, state that they have dence. The reading of these hearings, however, will di ~close this process that is so much better than anybody else has? that very little real information developed at this hearing. Mr. LAFOUNT. I did, this morning, Congressman, state that, of my Some Members of Congre s then wrote letters to the com own knowledge I do not know that, because I am not a technician or mis ion urging action. One of these was written on November sufficient of a technician, at least, to determine that. But I say that 3 by Senator LYNN J. FRAZIER, of North Dakota, and on Novem Commander Craven thoroughly investigated it. He is a prominent radio ber 17 Commissioner Lafount replied as follows to the Senator : communication expert with the United States Navy. I say to you, also, that Doctor Taylor, also of the Navy, assured me that it was techni MY DEAR SENATOR FRAZIER : This is to acknowledge receipt of your cally correct and that they could do what they represented to the communication of the 3d instant, requesting that serious consideration commission they were going to do and could do. • • • But, Con be given to the application of the Universal Wireless Communication gressman, the demonstrations were only laboratory tests and did not Co. May I assure you of my keen interest in this application and my mean necessarily that it could be done in actual practice ; but the ex desire to give it the consideration it deserves. · perts of the Navy, who are perhaps doing more radio communication I appreciate the fact that commission action seems slow. However, work than anyone else in the world-! do not know that, but I say may I call your attention to the fact that the use of high-frequency " perhaps" ; they are doing a lot-as-,sured me that they could do that, channels or short waves must be divided between the United States, that that which they did in the laboratory they said could actually be Canada, Mexico, and Cuba, for the reason that their signals are heard done in practice. all over this hemisphere. Mr. FREE. Now, please tell me who Mr. Taylor is. Is be an officer A conference will be held in Ottawa, Canada, about December 1, of the Navy? when representatives of the countries referred to will undertake to Mr. LAFOUNT. Yes. I do not know his exact position. May ask make a satisfactory division of these frequencies between themselves Mr. Caldwell or some one who knows? and immediately thereafter the commission will be in a position to Mr. CALDWELL. Doctor Taylor is a civilian expert for the Navy. allocate the frequencies assigned for use in the United States. Be Mr. FREE. Where will I find him? assur·ed that it "\vill be my pleasure to carefully con ider the applica- Mr. CALDWELL. At the Bellevue Laboratory, the Naval Research Labo tion referred to at that time. . · ratory at Bellevue. Thanking you for calling this matter to my attention, I beg to Mr. FREE. Is be here in Washington? remain, Mr. CALDWELL. Yes, sir; Dr. A. White Taylor, and he is the pre ident Yours very truly, of the In titute of Radio Engineers, just elected. Mr_ FREE. Now, did he give you this information privately or to the (P. 989 of the hearings.) commission in a body? . On November 28, Commis ioner Lafount made a similar reply Mr. LA.FoUNT. He gave it to me privately on one occasion and to the to a letter which had been written to him by Representative chairman and myself on another occasion (pp. 865 and 866). BACHMANN, of West Virginia. Mr. FREE. May I see it, please? [After a pause.) Doctor Taylor is . On December 14, at the invitation of the Univ:ersal Wireless connected with the Navy, is be not? Communication Co., a laboratory test was held for the purpose Mr. LAFouNT. He is an expert connected with the Navy, a civilian of demonstrating the facilities of this concern. They bad doing work for the Navy, and also for this Universal Wireless Cor· claimed to the commission that they could send five signals poration. over a channel with what is commonly known in radio as a Mr. FREE. Oh, he is employed by the one-lmndredth of 1 per cent separation. Commander Craven, Mr. LAFOUNT. I think he is their- who had been loaned to the Radio Commission by the Navy Mr_ FREE. Consulting engineer? to a sist them in determining the technical questions referred Mr. LAFOUNT. Consulting engineer, or one of them (pp. 957 and to the commission, requested the Naval Research Laboratory 958). and the Bureau of Standards to check up on these signals. I I believe Mr. Lafount must be mistaken when be says that may ay that Doctor Dellinger, of the Bureau of Standards, Doctor Taylor made this recommendation. I understand be is has been considered the chief engineer for the Radio Commis a gentleman of very high standing, and I can not conceive that sion. The demonstration was held. he would recommend this when be was in the employ of. the Commissioner Syke, who, together with Chairman Robinson Naval Research Laboratory and at the same time consulting and Commissioner Lafount, voted to allocate these 40 channels engineer for the Universal Wireless Communication Co. to the Universal Wireless Communication Co., which channels, Commissioner Caldwell, who voted ag~inst the allocation ant.l by the way, have been appraised at the value of $1,000,000 each, has since retired from the commission, testified : a total of $40,000,000 for the 40 channels, stated that be voted for thi grant to the Universal Wireless Communication Co. on I did not feel that the commission was in possession of sufficient the recommendation of Commander Craven. information on which to base such award. I was interested in what they contended they could do, the Universal It is very interesting to see what Commander Crayen has to Wireless Co. I asked Commander Craven to investigate very carefully say in regard to this. On page 1020 of the hearings he says: tbat fact and to tell me as an engineer what he thought of it. I was I did not make any specific recommendation relative to the Universal. 1929 CONGRESSIONAL RECORD-HOUSE 3771 On page 959 of the hearings he said : Commander T . .A. M. Craven, United States Navy, who made the re quest, further obtained permission from the Bureau of Engineering for I also added a verbal report to the commission that the Universal the laboratory to do this work and advised the laboratory that it was .Wireless Communication Co. development was in the manufacturing proposed to transmit on 5 channels separated about 750 cycles and design stage. at about 4,280 kilocycles, that transmission would be first made on And on page 1030 he further states: the two outside channels to give the laboratory an opportunity to Commander CRAVEN. Yes, sir. At the experiments they utilized va accurately determine the total width of the band of transmissions, rious patents, perhaps, of various people; they also demonstrated that after which transmissions would be made simultaneously on all five they had their own and they could overcome those. Of course, I know channels. He further advised that the Bureau of Standards bad alsa bothing about patents, but I believe they can overcome, in my own been requested to make such measurements. personal opinion, all patents involved or owned by other companies. As the laboratory endeavors to maintain a high professional standard Mr. LARsm~. Independent of the heterodyne patents? in this work, and as the Bureau of Standards had also been requested Commander CRAVEN. Yes, sir; I believe they can do that. to make measurements, after discussing the matter with Dr. L. P. Mr. LARSEN. What about grid patents? Wheeler, then in acting charge of the radio division, the laboratory Commander CRAVEN. I believe they can do that; but I am in a danger decic.led that special precautions should be taken to insure the accuracy ous position, sir, because I know nothing about patents. of its measurements. Further, on account of the large amo~t of inter Mr. LARSEN. In the experiments that you saw, did they involve those ference which might be experienced in certain parts of the laboratory things? That is what I want to know. by reason of its various activities, it was felt that more than one Commander CRAVEN. Some of the phases did; yes, sir. observer should make these measurements. Accordingly, measure ments were made by three different observers, one in the receiving sec And again on page 1032 he says : tion, one iu the field house about one-fourth of a mile away from the I can not say for sure, because I do not know anything about pat remainder of the laboratory, and one in the precision measm·ement ents-that he can overcome the various troubles which are involved in section. patent litigation and that be bas in a large measure overcome them. It was realized that the measurements requested would be difficult 1 do not know for sure whether be bas or not, because I think some of to make, and owing to the short tiliie between the time of the request those things will have to be tested in the courts, and they may be fight and the time of the test it would be impossible to make special set-ups ing them for 5 or 10 years more. But I want to say I was satisfied necessary for accurate determination of all frequencies of emissions. that they could do what they said they could do, and it was practical With routine apparatus available, however, it would be possible to to develop it. dett>.rmine the total spread of the transmissions, i. e., the total area I reported to the commission in the following words : of frequency band occupied between the lowest and the highest fre "I am convinced that the Universal Wireless Corporation's develop quencies used ; and, further, to individually identify the other fre ment has demonstrated a practical principle, which, if applied to point quencies lying between the upper and lower limits. The laboratory to-point communication in the United States, will ease the situation was advised that it was intended to transmit on five channels covering relative to the sharing of the short waves with Canada and with other a band not in excess of one-tenth of 1 per cent. At a frequency of •nations of the world. 4,280 kilocycles this would mean a spread of 4,280 cycles. "I reported to the commission that they must have money in order One observer had an abnormally high noise level in his laboratory to make this a go ; if they did this thing on a comprehensive scale, if and could not make precision measurements, but stated that be was they employed traffic engineers and experienced people, that perhaps able to identify four separate pure C. W. transmissions in the band close they might be successful. I could not guarantee any success, but it bas to 4,280 kilocycles, and thought he beard a fifth transmission between to be done with competent engineers on a large scale and with plenty the upper and lower limits. This high noise level was due in part to of money to be spent ; otherwise it will not be a go. I recommended a harmonic of a broadcast station, identified as such from the fact that that to the commission. At the same time I called their attention to it was tran mission of a voice, but mainly due to local conditions in the need of a J:roper feeder system for the transoceanic radio systems this part of the building. that we now have, and called attention to the fact that our transoceanic The second observer, located in the field house about one-quarter of a radio systems were an important factor in our economic life and should mile from the main laboratory building, had good receiving conditions not be forgotten in any allocations which were made. I made no spe except for a very strong interference from this broadcast harmonic on cific recommendation as to which company should get it, but said that tbe lower frequency, making a little uncertainty in the exact position they did have a development, and I believed they were technically quali of this frequency as measured. He used a crystal calibrator on which fied to do it. I added, too, that their equipment was what I called in the temperature was kept constant, but on which the absolute value of the manufacturing design stage; that they would not be able to go out the frequency was not determined, as he understood it was desired to to-day and put it on the market to be sold to other people, but there determine only the range over which emissions were made. Neverthe would have to be a lot of work done in the development of it, but they less, the frequency spread observed by this man can be considered accu would bave it in time. rate to about 500 cycles. Four separate frequencies were identified with "It develops that the Bureau of Standa1·ds did not pick up these sig approximately the same signal strength. This signal strength was very nals. ' The Bureau of Standards has not submitted a report, but it is strong, known in radio parlance as R 6 or 7, which indicates loud understood that they were unable to measure the frequencies because of enough to be beard with the phones lying on the table. The center the short notice and because the emissions were not heard or were of the band, as measured by this observer, was 4,287 kilocycles. He indistinguishable • " {p. 959 of the hearings). observed the spread of the signal from the lowest to the highest fre quency to be 3,000 cycles, being hampered in this observation consider And it also develops that the Naval Research Laboratory did ably by the before-mentioned broadcast harmonic, which was stronger not pick up the signals as promised by the Universal 'Vireless than the signals to be observed and wobbled around in frequency and Communication Co. I herewith submit a letter : was particularly objectionable in the lower frequencies. NAVAL RIDSEARCH LABORATORY, The synopsis of this observer's measurements showed that the band Bellevue, An.acostia, D. a., February 14, 1929. of interference of the frequencies when all transmitted together Willi Ron. A. M. FREE, 3,000 cycles wider than would have been observed by single pure C. W. House of Representatives, Wa-shington, D. a. transmission. MY DEAR Mn. FREE : Conforming to your request to give you a memo Th~ third observer in the precision-measurement section used a high randum outlining the points brought up in conference of yesterday, the precision type of crystal oscillator with temperature control and hetero following is submitted : dyne frequency meter calibrated immediately before the test against this As I advised you in answer to your inquiry, I have no connection standard precision oscillator. His value of frequency may therefore with the Universal Wireless Communication Co. and know nothing be assumed to be correct to within a high degree of accuracy. It was about this company other than what has appeat·ed in current press. At possible to measure with great accuracy the upper boundary frequency the time the request to be mentioned later was made I did not know which this observer placed at 4,284 cycles. The accuracy of the what reason actuated such request. lower boundary, due to before-mentioned broadcast harmonic, introduced Late in the afternoon of December 13, 1928, this laboratory was an uncertainty which might amount to a maximum of 200 cyles. This informed by a 1·epresentative of the Radio Commission that certain trans frequency was measured as 4,280.5. The spread of frequencies, accord missions were to be made by the Universal Wireless Communication Co. ing to this observer, was 3,500 cycles, and the zone of interference on December 14 between 10 and 10.40 a. m., and that the commission would therefore he 3,500 cycles wider than that produced by single would like to have the laboratory measure frequency emi sions. The pure C. w. transmission. This observer identified positively four fre commission was advised that this was work under the cognizance of the quencies and states be occasionally beard a fifth frequency within the Bm·eau of Engineering and that the measurements could be made, pro two outside limits. vided it was agreeable to that bureau. I might mention that the labora As before stated, it is impossible to get precision measurements on tory, in addition to its routine work for the Navy Department, as a several frequencies transmitted at once when these frequencies approach Government activity is available to assist other Govemment departments very closely one to the other unless elaborate arrangements are made 11s may be possible without m1duly interfering with Hs assigned mission. with suitable filter circuits to .permit separation of frequencies so that LX:X--238 3772 CONGRESS! ON AL RECORD-HOUSE FEBRUARY 19 · only one is heard at a time. Had time permitted, this could readily It would seem that in the gTanting of such a valuable right have been done, or it could easily have been done had each one of the the commission would ha\e definitely ascertained the financial various frequencies been transmitted singly. responsibility of this company. I asked Commissione1· Lafount From the above it will be seen that observer No. 3, who did the in regard to this, and his testimony is as follows : most accurate work on the absolute value of the frequencies, places the Mr. FREE. Did you call for a report from any commercial agency like center of the band at 4,282.25 kilocycles, whereas observer No. 2 places Dun or Bradstreet, on the financial responsibility of any of those it at 4,287. The discrepancy is due to the temperature correction in men? the standard crystal oscillator applied by the third observer. It is Mr. LAFOUNT. No, sir (p. 953 of t he hearings). believed the value of 4,282.25 kilocycles for the band center can be taken as correct to within 200 or 300 cycles. The measurements at It would appear that the commission questioned some of those · the laboratory clearly indicate that the total space occupied by the five men representng the Universal Wireless Communication Co. frequencies was well under one-tenth of 1 per cent, which in this case and that Commissioner Lafount, on a trip back from the West, means well under 4,282 cycles. stopped over at Buffalo and talked with some people about the The laboratory did not have, nor has since bad, infOJ.:.mation as to the officers and directors of this company and satisfied himself type of transmitter used in the above-mentioned test. It is of the with the statement that these men were financially respon ible opinion that it is possible practice with suitable equipment to transmit and represented considerable wealth ; but nothing was done to and receive with a frequency difference in channels of one-tenth of ascertain how this company was to be financed. Dr. John 1 per cent in this frequency band. This implies, of course, very Nathansohn, who has been here as a lobbyist foT the company, accurate control of emission which is believed feasible on shore-sta testified in that respect that to date no stock has been sold. tion equipment and will probably become universally accepted in the His testimony is as follows : future in view of the present rapid rate of advancement of the art. 1\lr. FREE- And, to date, you sold no stock? '.rhe laboratot·y recognizes that this degree of precision in frequency M:r. NATHANson~. There is no stock issued to-day for anybody. control entails many precautions regarding rigidity of circuits, tempera Mr. FnEE. And to whom are you leaving it to settle bow much stock ture controls, and other factors which are possible in a shore-station you will get? installation. It believes that it will be more difficult to obtain this Mr. NATHANSOHN. To the group with whom I am interested in having degree of accuracy in a ship-board installation and probably very done with them the research work and furnished the funds to pursue difficult, if not impossible, to obtain it in aircraft work where space the research work. and weight must be kept to a minimum. He also testified that the original promoters, of which he is In answer to your inquiry regarding whether this test should be con one, are to get a block of stock for their service.,, but that he sidered a laboratory test, it is sufficient to state that the strength of signals received here indicates that bad this transmission been during did not know the amount of stock which they were to receive. the night hours, under the most favorable circumstances, the emissions His testimony in this respect is very interesting. might have been heard over the greater part of the United States. Mr. FREE. And you say now that you have no agreemt-nt with that You will realize that in high-frequency transmission the path of the company as to what you are to be paid or what these other men are wave is from earth to sky and down to earth and that the ability to to be paid? transmit over long distances depends largely on the height of what Mr. NATHANSOHN. No; I did not say that, Congressman. I said is lmown as the Kennelly-lleaviside. layer. With propet· choice of fre there was a certain amount of common stock to be issued to the group. quency for different conditions existing between the transmitter and the Mr. FREE. How much? receiver, in lligb-frequency work, very little power is required to trans Mr. NATHANSOHN. I could not really tell you what the full amount is. mit signals over long distances. • * * Please feel free to call on this laboratory for any further information Mr. FREE. Then some agreement bas been made with the corporation in this matter in case the above does not cover to your satisfaction that this group is to get a certain amount of the ('tock of the cor the points brought out at our conference. poration or to be paid a certain amount of money ; is that correct ? Yours very truly, Mr. NATHANSOHN. They are going to get a certain amount of com- E. G. OBERLIN, mon stock for having developed the thing. Captain, United States Navy, Mr FREE. How much is that? Assistan,t Director. Mt·. NA'l'HANSOHN. I could not tell you (p. 103-5 of t he hearings). That the Unjversal Wireless Communication Co. did not and The commission apparently was satisfied with the statement can not do anything that can not })e done in any similar labora that these men were financially responsible and did not take tory is evidenced by the testimony of Commander Craven : the trouble to investigate how the concern wa. to be financed, Commander CRAVEN. I believe other coiD'panies, other people with how much was to be given to the promoters and lol>byists, or other kinds of apparatus, or the same 1.'ind of apparatus, if they desire any other factors which would enter into the financing of this to take the trouble, could do the same thing if they had just one company. That the company must have in mind the selling of method, just one little thing, that the Univet·sal Wireless bas. I do stock is evidenced in the fact that they have issued a pros not believe that the thing is so difficult; I believe it can be done pectus, part of which is as follows: practically. The Universal Wireless Communication Co. (Inc.) was incorporated :Mr. CuLKIN. But they are the only ones that have done it, to your under the laws of Delaware and has three clas es of stock : A clas of lmowledge? preferred stock known as class "A" preferred, which is of no par value, Commander CRA.VEX . Others have done it in the laboratories, I be but is entitled to receive, as and when directed by the bo~rd of direc lieve, sit·; I am not sure of that. tors, dividends at the rate of $7 per share, which dividend shall be Mr. CUL KIN. Of course, that is what they were doing? cumulative after the 1st day of July, 1929. This stocl< constitutes a Commander CRAVEN. Yes, sit·; but others do not believe you can main lien on the assets of the company to the extent of $100 per share in tain a frequency constant enough to do this; and if you take those case of liquidation ::mel is called at $120 per share on 60 days· notice. things separately, perhaps you can not; but if yon add in one other This class of stock comprises 50,000 shares. it way I know of, can be done. (P. 1029 of the bearings.) Class " B " preferred stock comprises 20Q,OOO shares and i s of no And if any Member of this House will take the trouble to par value, noncumuhtive, preferred to the extent of $7 per share, call find out. what is being done in the Naval Research Laboratory, able at $115 on 60 days' notice, and a lien on the assets of the company you will find that that laborat01:y can send communications to the extent of $100 a share after class "A" preferred stock shall be - with much less· separation than is even claimed by the Uni paid. versal Wireless Communication Co. That the commission itself The common stock of the company consists of 750,000 shares of no par knew that the Universal Wireless Communication Co. had not value, is entitled to receive as dividends such surplus profits of the made their demom;;tration beyond doubt is evidenced by the company as shall remain available for distribution after the dividend testimony of Commissioner Lafount on page 961 of the hear requirements of class "A" and class "B" stock have been made. ings, as follows : It is designed by the use of this capital stock to raise th<.' capital M:r. FREE. Now, let me ask you candidly, Mr. Lafount, about your- fund of $25,000,000 which is anticipated to be ample for all purposes ; self. plant construction, including the acquiring of the nece sary real prop erty; working capital ; and to provide ample reserves to meet emergencies Mr. LAFO U~ T. Yes, sir. Mr. FREE. Do you feel-are you satisfied-that this company can and contingencies which are bo,Jnd to arise in the development of a new operate over 40 of these channels on a separation of one-tenth of 1 per busine s; to provide means of absorbing excessive amortization, which cent and put five messages on-or whatever it is? it is expected will be experit>nced due to the fact that the work to be Mr. LAFOUNT. Yes, sir. carried on is in a rapidly developing and expanding art, anu in order to Mr. FnEE. You feel that that has been demonstrated beyond per maintain efficiency at a peak to provide better service nt all times than adventure of a doubt out in the field? that of competitors, it may be and probably will be necessary from time · Mt·. LAFouNT. No, sir ; I know that it -has not. tel time to radically change equipment and methods of operntiou. 1929 CONGRESS! ON AL .RECORD-HOUSE It is expected in the first fustance that plant equipment and sites The Wireless Telegraph· & Communication Co. is two and one half will absorb approximately $10,000,000. It is contemplated that the years old and has had WHW of Northbrook (Chicago), Ill., since company · should have a working capital and surplus at all times of October of 1926. Its financing has been purely private with a balance approximately $7,500,000 and the balance of the capital fund it is sheet showing at present less than $100 outstanding in current l>ills expected to devote to retiring organization and development expenses, due. We have a traffic and operating affiliation with the Intercity and to provide a reservoir of liquid capital from which unexpected Radio Telegraph Co., which has radiotelegraph stations at Duluth, emergencies, contingencies, or unforeseen expansions can be taken Detroit, Cleveland, Buffalo, and Columbus (Ohio). The Intercity Co. care of. has been in operation since 1923. Although in a recent newspaper article, which was given to For a period of more than 18 months we have endeavored to obtain me, one of the directors of the company announced that no stock permits from the Federal Radio Commission to construct and operate sale was contemplated and that to date the promoters had stations in about 30 more cities in the United States. Both of our advanced the money which had thus far been used in promoting companies have proven l>y notarized letters from present customers the proposition. and through other evidence our benefit to commerce and to the indus I can not understand why the commission was in such a b·ial public. We are in constant operation, giving high-speed, eco great rush to allocate this $40,000,000 worth of channels without nomical service, and yet our applications for additional cities are further inve tigation, both as to the appaTatus of the company returned to us with the notation the commission "is not satisfied that and their financial re ponsibility. public interest, convenience, or necessity would f>e served by the granting On August 15, 1928, on recommendation of Dr. J. H. Dellinger thereof." of the Bureau of Standards, who has been serving as their Correspondence to the commission is rarely answered and hearings head engineer, and Commander T. A. M. Craven, who has been are delayed. It seems impossible to obtain a hearing at Chicago, though acting as an engineer for the commission, two experimental I understand the radio act to provide for such. stations were allocated to this company for the purpose of We have never been troubled with patent litigation. We possess the developing and demonstrating their apparatus and it would exclush-e controlling rights to patents enabling even more multiple seem that this would serve every purpose to give the company use of radio-frequency channels than that claimed by the Universal Co. an opportunity to further present their claims without allocating We are enabled thereby to have as many as 30 or more channels on all the then available short waves to this concern. The demon one wave length. This information ha.s been repeatedly given the com stration the Universal Wireless Communication Co. gave, to missioners, their technical aides, and advisors. We are ably financed say the least, did not fulfill the promise" they had made as to and have additional capital available at any time for expansion. This what their apparatus would do and, besides, it develops that has al.so been stated to the commission. in that demonstration they used patents which they could not All to no avail; or so it seems at present. We are not at all adverse use in their actual work, except by consent of the holders of to competition, but believe, as any fair-minded citizen would, that we the patents. have been done gross. injustice by the Federal Radio Commission. The Canadian conference, to which Commissioner Lafount We are not lobbyists and do not intenu such to be. Nor are we referred in his letter, had not been held and the United States radical in our sound requests for additional permits providing for the did not know at that time just the number of short waves which proper advancement, logical and legitimate, in our organizations which the United States would be pe-rmitted to u e and this, as you have been and are serving the great industrial and commercial public will see from the letter of Commissioner Lafount, was to be of the cities we serve. determined before any allocations should be made. I shall appreciate, sir, your comments and assure you of our willing It furthermore appears that none of the other applicants were ness to cooperate in your timely move. given an opportunity to demonstrate their own apparatus nor Very truly yours, to point out defects in the apparatus of the Universal Wireless JIRAH D. CoLE, Jr., President. Communication Co. The feeling of at least one of the other applicants is shown in the following letter : It further appears that the Navy Department is opposed to the control by the Radio Commission of radio as a body of · NORTHBROOK, ILL., February 1, 1929. original jurisdiction, except as to broadcasting. This appears Hon. ARTHUR M. FREE, from a letter, which was addressed to the chairman of the United States House of Representatives, Washington, D. 0. Committee on the Merchant Marine and Fisheries, copy of which MY DEAR SIR: I have been extremely interested in your activities re is herewith presented. garding the grant of 40 high-frequency channels to the Universal Wire less Communication Co., as reported by the press. In fact, my interest .JANUARY 30, 1929. The CHAIRMAN COMMI'ITEE ON THE MER.CHANT MARINE AND FISHERIES, in the commission's proceedings with the Universal Co., which occa sionally rises to a condition of it·e, prompts me to communicate with House o/ Representati-ves, Washington, D. 0. you. I trust", sir, that the information contained herein may be of MY DEAR MR. CHAIRMAN : My attention has been called to the H. R. mutual benefit. 15430, " Continuing the powers and authority of the Federal Radio From the mouth of one, Dwight V. Johnson, a former engineer of the Commission under the radio act of 1927, and for other purposes," now Universal Co., I am informed that the company in question spent many pending before the committee of which you are chairman. This bill thousands of dollars wining and dining the press and various unnamed has not been referred to the Navy Department for an expression of its governmental officials and employees at Washington, D. C. views, yet the Navy's concern with the development of commercial radio I am further informed from indirect sources that the Universal Co. in connection with national defense is such that it is considered desir has no patents whatsoever, and that their specifications as submitted able to inform the Committee on the Merchant Marine and Fi ··heries of before the Federal Radio Commission were drawn up by Navy and the Navy Department's interest in the bill. Bureau of Standards engineers. This was entirely without regard to The purpose of this bill is to provide that the powers and authority the possibility of patent infringement. Their claim of a new, revolu vested in the Federal Radio Commission by the radio act approved tlonar·y, and secret method of carrying on multiple communication on February 23, 1927, shall continue to be vested in and exercised by the one channel is purely fictionary. This idea dates back at least 12 commission until March 16, 1930. It provides that the members of the years. commission shall receive compensation at the rate of $10,000 per annum From a recent report concerning their financial ability to install until March 16, 1930, restricts the licensing of stations for broadcasting, and operate their proposed domestic radiotelegraph system, I am and authorizes the appointment of a general counsel at $10,000 per informed that they were originally financed to the extent of $250,000 annum and three assistants at $7,500 per annum, and such other lPgal by a small group of Buffalo business men. This sum was practically assistants a.s necessary. all expended in lobbying, publicity, and a few minor tests. Subsequent The Federal Radio Commission has done much to improve the radio to their grant· from the Radio Commission, there were parties for the situation from a broadcast point of view, and its authority to continue press and others, followed by a drive on Wall Street financiers for its work in regulating this industry, if necessary, should be continued additional funds with which to carry on their work. for another year. It is the opinion of the Navy Department that the Their activities are not the cause of my ire, though I am not in administra.tion of matters concerning point to point, marine, and air accord with their ethics, necessary though they may have been in order craft radio communications was better handled by the Department of to attain their desires. I strenuously object to the grant because of their Commerce and that the best interest of the country would be served if Jack of patents, because of misrepresentation concerning their system the Federal Radio Commission were continued for one year, as contem of multiplex operation, and because they are entirely a "paper organi plated in the bill, but that its jurisdiction should be restricted to radio zation," never having been in operation. I further object to the com broadcasting. Jurisdiction over other radio matters should revert on mission's apparent partiality over two other independent domestic March 16, 1929, to the Department of Commerce. radiotelegraph companies who have been in operation since before the The Navy Department is making a study of the various proposals for formation of the Federal Radio Commission. administering commui:ucations and will in due time be in a position to I refer to· the organization of which I am the head, and also, to the submit the results to Congress, if at that time such proposals come Intercity Radio Telegraph Co. within the financial program of the President. 3774 CONGRESS! ON AL RECORD-HOUSE FEBRUARY 19 It is impossible to estimate accurately the cost which will result to 1\Ir. WHITE of l\Iaine. Mr. Chairman, I yield se>en minutes 1 the Government in case the bill H. R. 15430 is enacted. The present to the gentleman -from Massachusetts [Mr. GIFFORD]. Jaw pr~vides that thEl. five memb!l_rs of the commission shall receive Mr. G.IFFORD. Mr. Chairman, I hesitate very much about compensation at the rate of $30 each per day while engaged upon work taking even one minute. The chairman of the committee, who of the commission, while the present bill provides for each or the five knows more about radio than anyone else in Congress, took members a salary of $10,000 per annum. The present law provides but 23 minutes of the allotted time for himself. I simply that the commission may appoint a special counsel, etc., salaries not want to make a few remarks stating my interest and the specified, wher eas the pre ent bill provides t.!:lat a general counsel, at interest of the committee in this subject ; also our inability $10,000 per annum, and three assistants, at $7,500 each per annum to fully understand, and I believe the inability of the Hou e to ma y be a ppointed. grasp its great possibilities. It is said to be God's greatest gift to On January 24, 1929, the bill H. R. 15430, together with the above the twentieth century. We wish you would read the hearings information as to cost, etc., were referred to the Director of the Bureau and learn its present status and development. In the absence of the Budget with a statement that the Nayy Department desired to of any recommendation for legislation from the commission inform the Committee on the Merchant Marine and Fisheries of the Navy we as a committee are not proposing any policy at this time. Department's interest in the bill, "and requesting to be informed as to You heard the remarks of the gentleman from Texas about the whether or not the enactment of this legislation would be within the Lucky Strike cigarettes. It is an ~portant suggestion that fin ancial program of the Pt·esident. Under date of January 25, 1929, the he has brought out. Director ~f the Bureau of the Budget replied that .under .the circum_ It shows the sort of sponsors of these wonderful broadcasting stances, having in m:ind that there is no determination as to the re programs. I wish I might take the time to read the conversa lationship of this bill to the financial program of the President, it tion in the committee ,-oom in reference to the Lucky ~trik<> would appear to l;Je unnecessary . to ~n.clude in .my letter to the committee cigarette program. It was stated that Lucky Strike was a a ~eference to the financial aspect of the bill. · reputable organization and one that could afford to pay the Sincerely yours, cost of the very expensive programs which are so much appre CURTIS D. WILBUR, Secretary of the Navy. ciated by the listening public. Commissioner Caldwell, who has been a member of the com ¥r. BLACK of Texas. Will the gentleman yield? mission for two years and is now retiring from the commission, Mr. _GIFFO;RD. I have only five minutes. It seems that testified that the commission is illy contrived to handle matters agreementf) have been made among great corporations that one of this kind. His testimony is as follows:· can sell, others manufacture, and others broadcast without competition among themselves, with the result that a certain Mr. BLAND. I under s t~ .J!d that yo.u are of the opinion that a cqmmis- stock has incr~a~ed from $5 a share to $365 a share and has sion is uiy contrived to handle_ matte~~ of this kind? such future possibilities that it is expected to go much higher. Commissioner CALDWELL. I am. We· ask what is the ultimate aim of the radio? Is it to be Mr. BLA·ND·. When did you reach that conclusion? wonderful programs furnished by cigarette advertisers, or is it Commissioner CALDWELL. I have held that opinion rox a long time, sir. to be a great art of communicatio~? The time ;!:!as arrived when Mr. BLAND. Did you express it_ the last time you came before this we should not have to go to the telephone on the wall; but committee? _ . whether traveling in auto, out in the wilderness, or at a pond fish Commissioner CALDWELL. I do not re(!all whether I did_or not. But ing, we should be served by this medium of communication. Is IPY opinions ~m that have been expressed quite generally and are known it because certain arrangements have been arrived at that the to many persons over several years. wire companies are not to be meddled with, and that by certain Mr. BLAND. When the question of"'extending the life of this commiS· agreements that we are to be deprived of the real benefits of sion was being considered previously, however, you did not pronounce the great invention? an opinion at that time and decided against the commission performing We, as members of this committee, have· made practically a that service? • in Commissioner CALDWELL. I had pre,yiously up to that time expressed futile effort uying to get the desired information. Mr. Aylesworth of the National Broadcasting Co. came before the an opinion, and that matter is on record as far back as two or three committee and told us of the wonderful things he was doing for years ago. My opinion has consistently been that a commission is a the listeners, making radio reception popular so that the Radio difficult way to handle an engin~ring question. Corporation might sell their goods. What will happen wh~n ...... ~ Commissioner CALDWELL. No, sir. My opinion has, however, been re such sponsors as Lucky Strike find that it do ~s not pay to inforced by my experience of two years on the commission as to the advertise in this way? These corporations as ure us that difficulties of doing · constructive work for the benefit of radio, for the everything is all right. However, we know that everything benefit of the public, in an engineering situation of this kind. is not all right. I ask you to listen to the statement of Judge DAVIS, of Tennessee, and if you have not time to listen, I wish It may be said that no harm can be done in granting of these you would read his statement. He has learned much that we channels; that they are granted upon condition that stations be ought to know. erected in 10 cities within a year and that certain number of I took the fioor for these few minutes to express my opinion, stations be erected within certain period thereafter. It .may be that we are not given proper facilities of radio communication. an easy thing for the company to erect a few stations and do the We are responsible, through the commission, to the people of communication at first. Their difficulty will arrive when the the United States that this great invention is not being brought later stations are erected and they are forced to send their com forward as a real utility rather than as an entertainment munications with less separation {LS to the channels. proposition. [Applause.] . . I can well conceive how now, or after a few stations are 1\Ir. Chairman. I yield back the remamder of my time. erected the public might be impressed with the wonders of this Mr. FREE. 1\Ir. Chairman, how much time have I left'! art and the stock of this concern be sold at fabulously high The CHAIRMAN. The gentleman has 27 minutes. prices and then the matter fail. It appears from the testimony Mr. FREE. I yield 10 minutes to the gentleman from New that representatives of the company have been approached by York [Mr. CELLER]. · - cencems -engaged in the selling of stock and · that it has been The CHAIRMAN. The gentleman from New York is recog- proposed tha-t the stock be sold, the selling company acting as nized for 10 minutes. · brokers to receive at the rate of $1.50 per share. Companies Mr. CELLER. Mr. Chairman and ladies and gentlemen of which a1·e legitimately in business might be forced to buy these the committee to-day the tables are rather curiously turned. A channels from the Universal Wireless Communication Co. at year ago tho~ who to-day seek to extend. the lif~ of the Radio fabulous prices. · Commission were prone to lay the hea vu:~st stnctures on the I believe that it is the function and duty of the Radio Com members of that commission, claiming that they did not per mission to investigate all applicants, investigate their financial form their duties as radio commissioners and had failed to responsibility, their apparatus. and their ability to serve the carry out the will of Congress. Now, these same gentlemen public. come into the Chamber and ask us to confer additional powers I believe that if we continue the commission as a body of on the commission and to extend its life. I, for one, take a original jurisdiction for another year, you will have just another position in opposition. year of chaos, and it would seem infinitely better to let the When we adopted the original radio bill we placed the power original jurisdiction go to the Department of Commerce, have over radio in the Department of Commerce, nnd when we set the Radio Commi sion as an appellate body to which applicants up the Radio Commission two years ago we did it on the ex and the Secretary of Commerce could refer these matters for press condition that as soon as the particular task for which further consideration, and, thereby, establish a definite basis the Radio Commission was set up, was finished, that Radio upon which applicants may pursue their rights to the Secretary Commission .was to pass out of existence, as far as original of Commerce, through the Radio Commission, and then, :i,f neces jurisdiction was concerned, and were to have only an appellate sary, to the courts. jurisdictiQn. 1929 -. CONGRESSIONAL RECORD-HOUSE 3775 Now, on November 11 last the Radio Commission announced could they not; while this bill, at least for the next year, limits its realloeation plan. In pursuance of the so-called Davis the permits to one year. amendment tl;l.e Radio Commission, after a great deal of toil Mr. CELLER. As to that, I think I would be in accord with and effort, brought forth these various reallocations, wave the gentleman. I am addressing myself to the proposition of the lengths, stations, power, and broadcasting facilities. At that continuation of the functions of the Radio Commission, and I · time they completed their work. There was no need for them am not taking up, as time will not permit, the other features of any longer to function. There was no need to continue that the bill with which I am in accord. body in existence as a commis ion. Why do you continue it Now, the point was raised-ill-advisedly, I believe-:that the with this legislation? Radio Commission's work is yet to be done on the question of The very distinguished chairman of the committee, my es short waves and on the question of continental point-to-point teemed friend the gentleman from Maine [Mr. WHim] asks bands ; but one of the experts of the commission, one of the what is the alternative? The answer is very simple. These commissioners-1\Ir. Caldwell-said that the work of the com functions should go where they belong, where they were orig mission is from 80 to 85 per cent completed, and that the De inally lodged, in the Department of Commerce; and if you will partment of Commerce would be best equipped to continue that per·mit me, let me give just briefly some of the testimony of work 'to a logical condusion. · Commissioner Caldwell as he presented that testimony before Mr. WHITE of Maine. Will the gentleman yield? the committee. Mr. CELLER. I yield to the gentleman, although he would · He said: not yield to me. Mr. WHITE of Maine. Was not that statement directed only The radio division of. the Department of. Commerce, which, as the law to the work within the broadcasting :field? I think it was. now stand , will automatically take back radio administration on March Mr. CELLER. 1\Ir. Caldwell spoke of the short waves; 15, is manned with ·competent radio experts and engineers. It has an organization spread over the country where it is needed and equipped indeed, I read those words to you. 1\Ir. WHITE of Maine. I think it is perfectly apparent from with splendid monitoring and measuring apparatus. It has the skill his whole testimony that that statement referred only to the and men and the instruments to put radio into proper operating con work. within the broadcasting bands. dition. Mr. CELLER. I certainly can read· English. I tbink that e~ery radio listener and every Member of Congress will Mr. WHITE of Maine. I think that is so. 'tecall that three years' ago when the .Department of Commerce had Mr. CELLER. I do not want to take exception to the gen radio, radio was handled the best it has been handled and the complaints tleman's interpretation of what 1\fr. Caldwell said, but the were then the fewest. words are so plain on their face that he who runs may read. The recent changes in broadcasting were designed along the principles Now, the distinguished chairman of the committee said it 'originally adopted by the Department of Commerce. The commission's would be well to continue the commission for the purpo e of work here and in the short-wave field is now 80 to 85 per cent done. The Department of. Commerce is the best-qualified agency to complete negotiation. the restoration of radio service. To set up a commission organization The C:a.·HRMAN. The time of the gentleman from New for a year, duplicating the present expert staff of the Department of York has expired. Commerce, will be wasteful and indefensible. Mr. CELLER. May I have three additional minutes? In the absence of the gentleman from California [Mr. FREE], I yield . The extract I have read to you is the opinion of the man dis myself thre.e additional minutes. tinguished above all other men in his knowledge of the subject The CHAIRMAN. Th~ gentleman from New York is recog of radio to-day, CommisRioner Caldwell. . . nized for three additional minutes. One would gather the impression that the department is barren Mr. CELLER. \V'e were told that negotiations were afoot of expert , barren of the facilities that would enable it to· prop with various countries--Canada, Mexico, and possibly Cuba erly control and operate the radio facilities. But that is not the to the end that there may be some accord with these countries ca e. - concerning the various allocations of bands within the radio I repeat, that to continue the life of. this commission for an spectrum. Well, as far as' I am concerned, I would rather other year would, indeed, be wasteful and indefensible. lodge the power .of nt>gotiation with the Executive, where it Now,. the Radio Commis~ion, repre ented as it is by five belongs, a member of the President's Cabinet, acting in con different men from :five di:derent parts of the country, has func cert with the Department of State, rather than with five mem tioned how? Only with ~he idea of intense sectionalism. You bers of the Radio Commission. The Department of Commerce ~~ow you can not ride two horses·going in a different direction certainly can function better in that regard than can the Radio at the same time. Well, even more so you can not ride five Commission. horses going at the same time in :five different directions. The Now, I desire to speak about a New York situation. Brook members of this commission have been hopeles~ly in disaccord. lyn, from whence I come, prior to the advent of the Radio Only in few and rare instances have they agreed on any radio Commission, had fairly decent radio representation, but in proposition. the reallocation plan of the commission its four stations Radio, my friends, is an engineering proposition, not a po- WBBC, WMBG, WSGH, and WSGN-were all relegated to a litical proposition-and yet politics enters into this proposition ridiculously low wave length, all Sharing time on that wave length. to the nth degree if you keep ~ sectional commission in control Brooklyn no longer ha a voice articulate on the air. It has of radio where it must give heed to political expediency. That little or no radio representation. It hould have a large broad has been the situation with the Radio Commission, and that is casting station with proper radio facilities commensurate with why I am oppo ed to its continuation. I said radio was an its industrial, commercial, and social importance. Just think engineering proposition. You have seen :fit--contrary to my of the city of churches, Brooklyn, the place from whence came wishes, at least-to lo.ok upon radio as a sort of pie to be divided Talmage, Hille, Henry Ward Beecher, and other great min into :five equal parts. 'You may as well try to divide the rain isters. bow into :five equal parts as to try to divide the radio spec Despite the prote. ts of various chambers of commerce in trum into :five different parts. It just can not be done. This Brooklyn and Brooklyn's eight Congressmen, a good many of House and the Senate made a mistake in that division. But we our mini~ters, and men in public life, Brooklyn got the worst can not help that now-that is water gone over the dam-but I and ra we t kind of a deal from the Radio Commission. I pro say, do not encourage such sectionalism ; do not encourage to a tested and other Members of the House protested but all to no greater degree that division by keeping in power these five avail, and any commi sion that would treat the fair city of men, representing :five different regions of the land, because all Brooklyn in that fashion deserves to go out of commission. you can get out of a condition of that ·ort is backing and fill Then there is the situation with reference to stations ing--compromise. The radio engineers of this country, the best WMAC and WNYC, the latter being the municipal station of radio talent called in by the commission, for example, recom the city of New York. It was compelled to share time with just mended that there be 50 cleared channels. But, no; the mem an ordinary commercial station, WMAC, despite the fact that bers of the commission would nof agree to that, but after a the commission was warned that it had no right and had no great deal of useless argument they compromised and put in power to interfere with the State's in~trumentalitie ; in other 40 cleared channels. You could not have that situation in the words, here is a State station particularly functioning for the Department of Commerce, because there you would have one man State of New York when it broadcast educational courses for in control ; and in a situation of this sort I would rather have the College of the City of New York and the New York Board of one man in control than five. Education. Tbe municipal station is an instrument of tbe State Mr. OLIVER of Alabama. Will the gentleman yield? of New York. The Radio Commission had no right to take Mr. CELLER. Yes. away its time and force it to &hare time with a commercial Mr. OLIVER of Alabama. In the absence of this bill, the station. For these and many other reasons this commission Department of Commerce could operate on 5-year permits, should have its power pruned and function only as an appellate 3776 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 commission to hear appeals from th~e aggrieved by and seeking With that in mind I ari e to suggest that so soon as possible redress from the action of the Department of Commerce. legislation should be enacted by the Congress prohibiting the The CHAIRMAN. The time of the gentleman from New owning or operating of broadcasting stations by public officials York has again expired. or the officers and members of committees of political parties. Mr. WHITE of Maine. Mr. Chairman, may I inquire as to True the present statute prohibits preference being extended the time? by broadcasting stations to political parties or political candi The CHAIRMAN. The gentleman from Maine has 32 minutes dates, but this provision can be and has been ea ily violated remaining, and the gentleman from California has 14 minutes by unscrupulous political owners, by whom it is always easy remaining. to produce an alibi. I realize also, as you will, that these Mr. WHITE of Maine. Mr. Chairman, I yield three minutes unscrupulous owners will not be and are not confined to any to the gentleman from Michigan [Mr. CLANCY]. one political party, but as an evidence of what has happened Mr. CLANCY. Mr. Speaker, the gentleman from California and what can happen under the present conditions, I desire to [Mr. FREE] has quoted a member of the Cabinet from Califor relate to you a personal experience. nia, the Secretary of the Navy, as being opposed to the extension In the city of Tulsa, in which I live, is located a broad ~ of the Federal Radio Commission. May I quote another gen casting station known as KVOO. It is located in a wonderful tleman from California, formerly a member of the Cabinet and city and should be builded great and placed under unbiased now the President elect of the United States, Mr. Hoover, who, and competent ownership and allowed to function for all the in his testimony, said that it was too much power to give one people. This station is owned by Mr. W. G. Skelly, Repub man to have the regulation of radio, and particularly the grant lican national committeeman for Oklahoma. Let me repeat ing of licenses. He testified emphatically before the committee here again that I realize that unscrupulous national committee that no one individual should be vested with such enormous men can probably be found in the Democratic Party as well as power. the Republican. Just a moment's examination of the power which the Secre Some weeks previous to the recent election, as the Demo tary of Commerce would have, and did have, when Mr. Hoover cratic nominee for Congress in the :first Oklahoma district, I was administering radio, will disclose the reasons for this judg signed a contract presented to ine by a representative of ment. There are less than a hundxed broadcasting wave KVOO for a 20-minute period on the Monday evening previous lengths in this country and there are only a few thousand to the election, and indicated my desire that that 20 minutes short wave lengths for international use. was to be allotted to me between the hours of 7 and 8 p. m., Not only the great broadcasting chains are fighting for chan for which I was to pay the sum of $60. After having signed this nels and fighting for license , but labor unions and some of the contract some three weeks elapsed when on Sunday the manager most powerful new papers in the United States are in the field, of KVOO at the time the contract was made, a Mr. Mount, and various other agencies of great political power are con who is well known in the radio world, having come to Tulsa testing for licenses. Also, in allocating the short waves, you from Cincinnati, called at my home. He seemed to be out of have such corporations as the United Fruit Co., the Standard humor and was desirous of bringing snit against the owner of Oil Co., the United Steel Corporation, and corporations of simi KVOO for damages done to him. This I persuaded him not lar size competing for licenses. to do. In return for this persuasion he said to me, " You are Manifestly, to throw radio back to the Commerce Depart very much more liberal with Mr. Skelly than he is with you." ment is unfair to the Pre ident of the United States who ap Inquiry as to this remark developed from Mr. Mount the state points the Secretary of Commerce. You may take it for ment that he had been instructed as manager of this station granted that applicants will appeal to the President to use what to give to my opponent preference in time and conveniences influence he has with the Secretary of Commerce. It is unfair at station KVOO. to the Secretary of Commerce, who is already burdened with Thinking that this gentleman was probably mad and excited, great duties, to have this tremendous power vested in him. and not believing that the owner of KVOO was as unscrupulous A commission of :five members rotating throughout the years as he afterwards proved to me, I dismissed the matter from my with their terms expiring at different times will be better ab-le mind. On Wednesday b-efore the election, when I wa preparing to resi t political influence and to with tand the tremendous my final itinerary for the campaign, I called KVOO to inform pressure that will be and is exerted by the applicants of the myself as to just what time had bee allotted me in accordance size which I have indicated. Moreover it is provided in the with the contract signed. To my surprise the then manager law that at least two of the members of the Federal Radio stated that he knew nothing of" my contract. As to this, permit Commission shall belong to the minor political party. This in me to say that later I found it to be a fact on authotity of the itself is a check against political pressure which is not found young man who took my contract that when the change in in the Secretary of Commerce's office. managers was made this young man called attention of the new The Federal Radio Commission when appointed had the hard manager to it. est job ever thrown on the lap of a Federal commission. They had only a limited number of wave lengths and power to dis On the following day my on, Mr. Paxton Howard, called at pense and they found it was absolutely impossible to meet the KVOO station and after a considerable discussion of the demands of all applicants. It was a physical impossibility. matter left with the information that they would see what They -were dealing with an elusive and a new art and science, they could do. We heard nothing further of it until on Sunday and, moreover, one that was constantly changing. By bitter afternoon previous to the election, when, at about 3 o'clock, exper ience they have gotten much priceless knowledge and their the manager called my son and informed him that if I desired organization of experts and clerks is constantly improving. it I could have 15 minutes-not the 20 minutes for which I Moreover, they have been conducting negotiations of the had made contract-and would be allocated this 15 minutes at most tremendous and far-reaching importance with foreign 6 o'clock in the evening-not between the hours of 7 and 8 countries, notably Canada, to safeguard the wave lengths as bad been indicated when contract was made. ·with this which Americans are now using. It would be very bad policy notification I found myself in this position : For several days to let the commission down suddenly in the midst of these it had been advertised throughout the district that my opponent negotiations. was to broadcast at 6.15, which, of course, would have been By all means the life of the Radio Commission should be immediately following me had I accepted the time offered. It extended another year. left me with no opportunity to advertise to my friends and con Mr. CELLER. Will the gentleman yield? · stituents that I was to broadcast. It was in no way a fulfill Mr. CLANCY. I would if I could. I have only three min ment of the contract I had signed and was conclusive evidence utes granted me and my time is about up. to me that the statement of l\Ir. Mount that Mr. Skelly, the The CHAIRMAN. The time of the gentleman from Michi~ owner, had instructed him to give my opponent preference was gan has expired. entirely true. I did not accept the 15 minute , and I do 1\fr. FREE. Mr. Chairman, I yield eight minutes to the not believe that any other l\Iemb-er of Cougress would have gentleman from Oklahoma [Mr. HowARD]. · done so under the circumstance . It is significant to relate, Mr. HOW A.RD of Oklahoma. Mr. Chairman and gentlemen however, that when I did not take the time that Mr. Skelly, of the committee. one of the most important subjects with the owner, a Republican national committeeman for Oklahoma, which Congres will have to deal for some time is the question occupied a part of that time making a speech over the radio for of r ndio. Radio at the present time is in its infancy. It is a my opponent. subject which legislation should guard safely and zealously. I have refrained e>er since from discussing this matter or mak 1.'he power to broadcast over the air is a powerful one and one ing complaint. I do so now not from any personal good that ca.n that is dangerous if placed in the hands of unscrupulous per come to me but for the purpose of warning the Nation of what sons ; especially is this danger eminent in the niatter of govern can happen in the matter of broadcasting if broadcasting sta ment and politicians. Too great safeguards can not be placed tions are to b-e left in the hands of ungcrupulous politicians of around it COfi:Cerning these two questions. either party, and the relating of this experience and this sug- 1929 CONGRESSIONAL RECOR.D-HOUSE 3777 gestion .is only made with the hope that the Congress will pass Therefore I say that you ''"ill accomplish nothing by refusing legislation such as I have suggested which will make it abso to pass this bill, except to make chaos worse confounded. If lutely clear that radio can not get into the hands of alibi- you pass this bill you will be fo1lon-ing the advice of an en . building politicians in the matter of politics or in the hands of gineer who knows radio, has. had it under his supervision, and the enemies of the masses of the people in tile matter of at whose behest the Radio Commission was created. [Ap government. [Applause.] plause.] Mr. ·wHITE of Maine. Mr. Chairman, I have, I belieYe, 29 Mr. WHITE of Maine. Mr. Chairman, I vield the balance of minutes at my disposition. May I ask the gentleman from Ten my time to the gentleman from Tennessee 6Ir. DAns]. nessee [1\lr. DAVIS] whether he would care to use the entire The CHAIRl\IAN. The gentleman from Tennessee ~s recog 29 minutes or would he prefer to yield some of the time? nized f.or 29 minutes. Mr. DAVIS. I haYe no requests for any time. I will be Mr. WHITE of l\.f,aine. l\Ir. Chairman, I yield the balance pleased to use such time as the chairman shall deem proper to of my time to the gentleman from Tennessee [l\Ir. DAVIs]. yield to me. It is a subject on which one can talk long or The _.CHAIRMAN. The gentleman from Tennessee is recog short. nized for 29 minutes. Mr. WHITE of Maine. Mr. Chairman, there will be only Mr. DAVIS. Mr. Chairman and members of the committee, one other speaker in the affirmative, and I would ask the gen the distinguished chairman of our committee and the gentleman tleman from California [Mr. FREE] to utilize the remainder of from New Jersey [l\1r. LEHLBACH] have very cogently and cor his time. rectly stated the reasons why this bill should be enacted, and I Mr. FREE. Mr. Chairman, I yield the balance of my time to heartily confirm what they have said. To my mind there are the gentleman from New Jersey [1\lr. LEHLBACH]. many reasons why we should pass this bill, and none from the 1\lr. LEHLBACH. Mr. Chairman, I want to express my ap public standpoint why we should not pass it. preciation of the courtesy of my colleague on the Committee on The bill has the support of 20 out of 21 members of the Mer the Merchant l\Iarine and Fisheries who graciously yielded me chant Marine and Fisheries Committee; the resolution provid the time left at his disposal, althmi~h knowing full well I intend ing for its cons,ideration was unanimoUBly reported by the Com to take the side of the argument opposite that which he has been mittee on .Rules; it has the approval of President Coolidge; it leading. was approved in the hearings by the National Association of There has been a good deal said in criticism of the personnel Broadcasters, embracing 124 radio broadcasting stations, r.ang of the Radio Commission, and the gentleman from New York ing in power from 10 to 5('.000 watts and located in 35 States; has said that such a commission should be abolished. Now, by by the Radio Protective Association, embracing 40 independent refusing to pass this bill pending before us now you do not abol manufacturers of radio apparatus; and it has the approval of ish the Radio Commission at all and you do not, in all prob numerous others. In fact, the only witnesses appearing at the ability, by one jot or tittle, restrict its functions. hearings against the bill were the genet·al counsel of the Radio The Radio Commission for the last two years has been grad Corporation of Amelica and Commissioner Caldwell. Commis ually building up an organization equipped to handle the ques sioners Robinson, Sykes, and Lafount testified at the hearings, tion not only of the allocation of broadcasting channels but is approved the bill, and gave very strong reasons why same should beginning in the allocation of the short wave lengths for point be passed ; Commissioner Pickard did not testify before the to-point communication and for commercial communication use. committee, having resigned from the commission before he was In these years such organization as may have been in the De reached, but he favored the extension of the authority of the partment of Commerce for the handling of these qu~tions which commission a year ago, and it is understood that he favored the were within it before the 1927 act, has been weakened or dis present bill. Fortunately, we will not be afflicted with Com sipated. missioner Caldwell any more. · Because of his contempt for the On the 4th of March we will, in all probability, have a new law and favoritism to the Radio Trust, be was just confirmed Secretary of Commerce. He has the power to refer every one by a majority of one vote a year ago, and it was a matter of of the functions which revert to him, but which are now per common knowledge that he would not be confirmed by the Sen formed by the Radio Commission, to the Radio Commission ate again, even if he should receive reappointment. Whereupon initially, to carry out those functions, and it is almost certain he filed his resignation ( ?) with the President, effective the day that that will be the result. his-term expired, and was not reappointed. I shall have more The only thing that the failure to pass this bill will result to say about him later, as well as about the Radio Corporation in is confusion as to where jurisdiction lies. This may necessi of America. tate the duplicate filing of applications and may necessi Even Commissioner Caldwell made the following admission tate an initial investigation by the Department of Commerce, upon cross-examination at the bearings : which will be thrown aside and a new investigation from the Mr. DAVIS .. Do you consider that there is involved in this problem gr.ound up taken up by the Radio Commission ; in other words, nothing except a technical, theoretical, inanimate determination, that by refusing to act on this bill you are simply providing for there is no human equation in it, tbat the rights of the different peoples waste motion and duplication of effort. in the different sections are not involved? Do you . want us to under As far as withdrawing from the Radio Commission the essen stand that that is your position? ti.al functions which it now exercises, the failure to pass this Mr. CALDWELL. No one could have gone through the Radio Commis bill will not have that result. The Radio Commission will con sion for two years and not realize that there is very much of a human tinue t~ function either as an appellate body or to a large extent problem connected with it. by reference from the Department of Commerce of these ques Mr. DAVIS. Y~s. And, consequently, is not the determination in any tions initially, which is provided for in the act of 1927. So instance of who shall have these valuable and much sought after privi when you talk about chaos, by refusing to continue the original leges a judicial function, such as Secretary Hoover refers to, and should function of the Radio Commission you are only increasing and be deteni.tined by some independent tribunal? multiplying such chaos. · Mr. CALDWELL . . Certainly the review of such controversies and the Now, as to this letter that was read here that comes to us adjustment of such controversies can be settled more fairly and more over the signatUre of the Secretary of the Navy. During war wisely by a commission of five men than by any one man. time all forms of radio were under the Department of the Navy as a war measure. Desperate efforts were made after the The extension of the authority of the commission which it armistice to continue within the power of the Navy De11artment has exercised since the passage of the 1927 radio act will have control over radio in all its forms. It became necessary eventu no other effect, as explained by the gentleman from New Jer ally to place riders on the naval appropriation bill to prevent sey, than to procure a ·more orderly and more dignified and less any money appropriated in that act from being used for the complicated procedure. development of radio stations by the Navy. The work was put As already explained, under the original law and after the in the hands of the Department of Commerce, but there are expiration of the time during which the original authority of some underiL11gs in the Navy Department that have not lost the Radio Commission was extended, even though you fail to hope of regaining as a military measure tlie control of the enact this bill the Radio Commission will have authority in all civilian rac1i.o. Somebody down there caused a letter to be matters referred to it by the Secretary of Commerce, in all drafted and the Secretary of the Navy was induced to sign it. matters appealed to it by any party aggrieved by any act of On the other band, since peace time radio has been developed the Secretary of Commerce, and in all cases either before or and built Ul) in the Department of Commerce. When the bill after the expiration of the year, the commission has full and of 1927 was passed I opposed the creation of a commission be exclusive authority to revoke licenses. cause I did not believe in it, but the man who functioned · as It has reached the stage when every application for a license Secretary of Commerce; who wa~ the Secretary ~f CommeTce at or for a better position in the spectrum or from more power that time, Mr. Hoover, perfectly familiar with the subject, per involves a contest. There was a time when there were more suaded me to stand for a commission, because he ·knew it was broadcasting facilities and more commercial radio facilities than the best way out of that situation. were demanded by the public; but now that situation is 3778 CONGRESSIONAL RECORD-HOUSE FEBRUABY 19 changed, and many, many more requests for broadcasting and before the committee said, and properly said, that this art is commercial facilities are demanded than can be granted. In developing so rapidly that even engineers change their opin other words, there is a natural limitation under the present ions every year or so, and they do. They aid things a year state of the art. So until this matter is more thoroughly ago that they now retract in the light of later developments. · stabilized any action of any consequence will in the final The first broadcasting station was established in 1921, less than analysis have to go before the commission anyway. eight years ago. To-day there are estimated to be 12,000,000 However, the defeat of this bill would bring endless confusion radio-receiving sets in American homes through which it is and duplication of authority, and of action, and consequent estimated there are listening approximately 40,000,000 American loss of time and expense, which is wholly unnecessary and citizens. They have billions of dollars invested in radio appa would not result if we pass this simple bill. This is the same ratus. Last year the sales of radio apparatus in tbi country as a portion of the bill we passed last year. were estimated at $650,000,000 to $750,000,000, and it is increas~ This bill limits the terms of the licenses during the next ing all of the time. year to three months for broadcasting licenses and one y-ear for It may be surprising to some of you when I say that the commercial licenses ; our purpose in that being that the situa commercial field of radio is more important than are the broad tion should not be frozen until it is more stabilized, until there casting features. That is a matter that is of even greater is a more perfect allocation, and until we think it safe for development and potential u ·e than the broadcasting feature. three or five year licenses to be issued. In that respect I want Up until quite recently there was very little demand for those to state that we are acting in accordance with the advice of wave lengths for commercial use. There were more facilities the former Secretary of Commerce and the President elect, than requests, so the Secretary of Commerce at first, and even Herbert Hoover, who before our committee at one of our the Federal Radio Commission at first, granted those privileges hearings called attention to the fact that although there was to whomsoever applied for them ; but now they have proven so no restriction upon him as Secretary of Commerce as to the valuable and desirable that there is a general demand and a term of a license, yet be had never issued one for a longer scramble and a fight for them, and they are talking about those period than 90 days, and be never did ; and neither has the frequencies being worth $1,000,000 apiece. commission. Secretary Hoover warned us against issuing It now devolves on this commission to determine policies licenses for too long a period or enacting a bill providing for with respect to what classes shall receive those facilities and such. what classes shall not, and then after they determine the What are the arguments urged •against this bill? Every general policies to determine as a quasi judicial body which member of this committee on both sides of the House, after applicants in the respective classes shall be licensed to use having held hearings for approximately a month upon this bill, them and which shall not; In other words; · a·s Secretary favor it, save the gentleman from California, Mr. FREE. The Hoover well said, the important functions are quasi judicial gentleman from Califo~ia [Mr. FREE] criticises the distin in character. As stated by the gentleman from l\Iichigan, guished chairman of the Federal Radio Commission, Judge Rob Secretary Hoover served several years as the sole authority, inson, a former member of the Supreme Court of the State -of so far as there was authority upon radio, and had more experi West Virginia, who was appointed chairman of this commission ence in that particular than any other man. He studied the by President Coolidge, and while perhaps it is not incumbent problem as few public officials or others have, and bad a broader upon a member of the minority to defend the action of a Presi conception of the problem than · most anybody, because be dent of the opposite party and one of his appointees, I am glad looked at it not only as an engineer but as an executive -and to state this: I never beard of Judge Robinson prior to his a statesman. What did be say about whether we should b·ave appointment to this position. However, by reason of being a a commissi(}n? member of the Committee on Merchant Marine and Fisheries, Secretary Hoover made a statement in January, 192.6, before I have come in personal contact with him, and I have beard the Committee on the Merchant 1\Iarine and Fisheries at bear him testify, and I have observed his work, and I think he is a ings being held on the bill which culminated in the radio act of bigh-<:lass, intelligent, conscientious, patriotic public official. 1927. He stated in part as follows: [Applause.] I wish that all the men on that commission were of the caliber of Judge Robinson. The gentleman from Cali I have always taken the position that unlimited authority to control fornia [Mr. FREE] saw fit to read a few answers of his in which the granting of radio privileges was too great a power to be placed he was asked technical questions, and about what particular in the hands of any one administrative officer, and I am glad to specific facilities had been granted here and there, when there see the checks and reviews which are imposed upon that power under· are 612 broadcasting stations and literally thousands and this bill. thousands of licenses all told, and he criticized him because be, As some of the members of the committee know, I have felt that a member of the commission, did not carry all of those details provision for a board of reference should be somewhat tightened up in his bead, but said that this information could be better fur over the present construction of the bill ; in other words, that any nished by the engineers or by the clerk of the committee. I question of dispute as to who shall enjoy the radio privilege may be invite the members of the committee to read the statement made referred to that body, not through the volition of the Secretary of by Chairman Rooinson appearing on pages 7 to 10 of volume 1 Commerce but by either applicant or disputant in the question. • • • of the hearings, in which be states in a dignified and logical and The privilege of broadcasting will be of enhancing importance, and convincing manner the various reasons why the authority of so long as the art fails to develop sufficient channels so that all this commission should be continued, stating specifically what comers may · broadcast that privilege ·will · accrue more and more of they have done and what remains to be done, and if you will public importance. And it is fot· that reason that I emphasize the read that and not be convinced that there is much more to be necessity of some independent body being able to settle public disputes done in the future than has been done in the past, I have noth as to the radio privilege. • • • ing further to say. I have not the time to read· it, but it in In the main, the bill accords with what I believe to be the present itself presents absolutely unanswerable arguments from a public public necessity, and the one suggestion I have made is one that I standpoint in favor of the passage of this bill. While I am believe could well be incorporated. Other than that, I believe your always ready to praise officials whom I think are entitled to subcommittee has worked out, under the leadership of Mr. WHITE, now praise, on the other hand, I have frequently taken occasion to extending as their labors have over a period of years, a bill which fits criticize officials, and let me say that I do not indorse every~ the intrinsic situation. thing that has been done by this commission by any means. Then Secretary Hoover wa asked the following question, and I do not suppose any other member of our committee does. made the following answer : They have done many things directly different from what I would have done. I have criticized them at the committee and Mr. McKEOWN. Mr. Secretary, I would like to ask a question. There otherwise for certain policies which they pursued. I think they is a great deal of feeling among the people in the West against the creat have made some serious mistakes in policy which I shall under ing of any more Government commissions, if possible, and I just wanted take to state in the RECORD, but probably will not have time to to know if, in your judgment, it would be possible properly to administer state during my time this afternoon. On the other hand, I think this law without the creation of a new commission? that they have done some splendid work. They have certainly Secretary HoovER. Well, as I have said, I think that you :ue con been faithful, and instead of there being no further work for fronted with placing too great an authority in the hands of an individ them, I say that there is every reason to believe that they will ual. The very large problem that is going to rise is the problem of be busier during the next year, if possible, than they have been contests between cities and between States as to the erection of broad during the past. During the past year not one of them even casting stations, and between individuals, contests between different took a vacation. They were on the job all of the time, busily public journals, and between educational institutions and private con engaged in their official duties, and I am sure that they will be cerns, as to who shall enjoy this privilege. NQw, the wis~t person in in the future, because this is the most rapidly developing art the world is not wise enough to determine that pr<>blem, in my and industry the world bas ever seen. Some of the engineers view. • • • 1929 CONGRESSIONAL RECORD-ROUSE 3779 He said this to our committee, before there was a commission. to raise the $25,000,000 among themselves without selling any He said it, although it involved depriving him of power and stock. However, suppose that this company should offer a part authority which he had. He gave his indorsement to the pend of its stock to the general public. Would there be anything ing bill in every pai·ticular; except that he suggested that the wrong or unusual in that procedure? If such a course would be authority of the commission be broadened and expended over censurable, practically all corporations of any consequence are what was then provided in the bill. subject to censure. · On the same occasion Secretary Hoove1· also approved the idea As before indicated, after a year's investigation and consid o.f regional representation upon the commission, as shown by the eration, having been satisfied as to the moral and financial re following question and answer : sponsibility of the applicants, and of the tremendous advance Mr. McKEowN. Would it be the purpose to allocate the membership over anything now in use of the apparatus of the Universal Co., of the commission to the various districts? and of its feasibility, and of its very great importance and use Secretary HoovER. That was the idea, -to have a representative from fulness from a public standpoint, the Federal Radio Commis each district. sion agreed to grant licenses to the Universal Co. for the use of 40 frequencies to establish a radiotelegraphic service as a public Secretary Hoover made that statement some years ago, and, utility between 110 cities, located in all States of the Union ; as shown, he gave his approval to the idea of regional rep such grant to be upon condition that the company establish and resentation upon that commission--contrary to the argument put into operation stations in a specified number of cities per made by the gentleman from New York [Mr. CELLER], who is annum, stations in all of ,the 110 cities to be established and in so much opposed to sectionalism when that sectionalism, if per successful operation within three years ; if the said company does mitted to continue, would permit his city to have the cream of not successfully comply with its proposal and the requirements the broadcasting facilities in this country. [Laughter.] stated, the agreement to grant such licenses shall become null Now, the gentleman from California devoted most of his time and void. to a discussion of one action of this commission. It had acted In this connection I wish to state that ! 'am not interested to in thousands of cases, but he devoted ·most of ~ time to thi.s the slightest degree in the Universal Wireless Co. I have never one particular instance, and in f&ct the gentl~man from Cali even met any of its officials; even their Washington representa fornia ·was so persistent with respect to this particular matter tive has never called upon me, and I have never seen him except that upon his request our committee devoted several days to at the committee hearings. investigating this particular agreement to license, upon certain However, I a~p. very mq.ch int.erested in the policies to be pur conditions, the Universal Wireless Co. ; and after ther.e was a sued with respect to the assignment of what are termed "com full investigation, my opinion is that every member of that com merciai wave lengths or frequencies." mittee was convinced that the commission had not only not The Federal Radio Commission has been confronted with the committed any crime, had not only not done any wrong, but determinat~Qn of three im.vortant policies, as follows : that they had done the right thing, with the exception of the First. As to w hethero licenses for the frequencies in the com gentleman from California [l\lr. FREE]. If you are interested in mercial band should be granted to public utilities to render a this particular question, I invite your attention to the volumi service to the general public or to priv~te concerns to be used in nous hearings upon the subject. I am not going to enter into their own interest. any detailed discussion of it. Why has propaganda been so Second. As to whether licenses should be granted to public assiduously dis eminated, attacking the Federal Radio Commis utilities to render an inland radiotelegraphic service in compe sion for its action? Who is directly interested? Why, the Radio tition· with wire ·utilities. Corporation of America, which asked for the same grant-in Third. As to whether a monopoly in radio communication fact a much larger grant-to be made to them instead of to should be still further fostered and strengthened. the 'universal Wireless. And no doubt the wire companies The ·grant to tl:ie Universal Wireless Co. constitutes, at least the telephone and telegraph companies--perhaps would rather in part, a correct decision with respect to all of these policies. not have wireless competition in this country. For that re~s~m I approve the action of the Radio Commission The Universal Wireless Co., more than a year ago, made in that particular. application for licenses to use 40 short waves or commercial I sincerely trust that the Radio Commission will speedily, frequencies. For what? Their proposal was that, if they be effectually, and finally determine all of these policies in the given that grant, they will expend not less than $25,000,000 public interest as indicated. in establishing inland point to point radiotelegraph service Although then contending and still contending that the art between 110 principal cities in the United States embraced has not develoPed to the extent-which is doubtless true with within every State of the Union. All they asked was that they respect to the Radio Corporation of America-that a point-to be given an opportunity, and if they do not make good, if they point radiotelegraphic service in the United States can be suc do not do what they say they will do and what they say they ce8sully established and maintained, nevertheless, many months can do why they have nothing; the agreement to grant them the after the Universal Co. had made its application, the Radio license~ will become null and void. The Federal Radio Com Corporation of America made application for the use of a much mission first gave them an experimental license, which is gen larger number of frequencies for a much more restricted service. erally granted to anybody for experimentation because the To quote their own language, the application of the R adio commission naturally are interested and should be interested Corporation was as follows : in the development of the art. . They demonstrated to the satisfaction of disinterested engi Radio Corporation of America's applications pending before the Fed neers and Government engineers that they could do more than eral Radio Commission for domestic radio services contemplate com any other company had ever done or claimed it could do ; that munication among 28 American cities. The cities in question have been they could ·send radio messages through their ti·ansmitters and selected, having regard primarily to the volume of international tele through the air with a one-tenth of 1 per cent kilocycle separa graph traffic originating in or destined to them. Primarily the cir tion whereas nobody else has sent messages on less than 2 per cuits sought to be established were selected as those best adapted as cent kilocycle separation and nobody else is claiming to be able feeders to the Radio Corporation of America's international system, and these circuits, I believe, will furnish the minimum number of do to send messages on less than 1 per cent separation. They pro mestic connections which would enable Radio Corporation of America pose to send 20 messages where heretofore only 1 has been sent. effectively to compete in international services with the cables operated Commander Craven of the Navy and others witnessed their in connection with the domestic land lines of the Western Union Tele demonstration. They examined the instruments closely and graph Co. and the Postal Telegraph Co. repeatedly, and gave the opinion that it was feasible and. pra~ Summing up our applications, we seek from the commission 67 addi ticable, and that it could be done, and that they were domg It tional frequencies in the bands between 3,000 and 6,000 kilocycles and in their demonstrations. 25 additional frequencies in the bands between 6,000 aud 23,000 kilo-. The commission made investigations as to the moral and cycles, and authorization to make shared use of 43 financial responsibility of the officers and directors of this com of the trans oceanic frequencies heretofore awarded us and a shared use of Z3 of pany. They even sent a member of the commission to Buffalo, the frequencies now requested, with which we will expect to operate N. Y. where most of the officials reside, to make an investiga 148 channels. tion. ' They investigated them in Bradstreet's and in Dun's. They investigated them in various different ways, and they Besides asking for a much larger grant for a much less public reached their conclusion, which was likewise verified before our service, it will be noted that the pril:p.ary purpo e of the Radio committee by the gentleman from New York [Mr. DEMPSEY] Corporation of America application was to establish feeders for and the gentleman from New York [Mr. REED], our own col their international radio communication services in which t)ley league , that the officials and directors of th~ Universal Wire have an admitted monopoly in radio communication between the less Co. are morally and financially 1·e ponsible and are able United States and 30 foreign countries. 3780 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 The Radio. Corporation of America inSisted that, if the ap some channel, frequently upon the channel they requested, and plication of the Universal Wireless Co. should be granted, there generally authorized to u:e any power which they sought. would be nothing left for the Radio Corporation of America in Broadcasting grew with great rapidity, with the result that the domestic field. It really resolved itself down to a contest there developed an unscientific allocation, there being an excess between these two companies, and the Radio Corporation of of broadcasting stations in certain localities and a cardty or America boldly insisted, in effect, that because they had a entire absence of same in many other sections of the country. monopoly in international radio communication they should Such a situation was greatly augmented by what is generally likewise be granted a monopoly in the domestic field. referred to as the "breakdown " following the Zenith Corpora Disregarding altogether the monopoly feature, the Radio tion decision in 1926, in which tiJe court held that under the Commission could not in the public interest have consistently existing radio law the Secretary of Commerce could not refuse a reached any other deci ion than that which they did reach . . license to any applicant. Thereafter numerous existing stations The Radio Corporation of America and its affiliated com immediately proceeded to use what they considered more de panies have either an absolute or a substantial monopoly in all sirable wa\e l~ngths and to increase their power as they saw branches of the radio industry. proper. Many of the stations went on the air for the first time. They have a large part of the choicest broadcasting fPcilitles. Consequently, when the 1927 radio act became a law and the In addition to the broadcasting ;.;tations directly owned and Federal Radio Commission was established and appointed they operated IJy them, the Radio Corporation of America, the Gen found a, very chaotic, unscientific, and inequitable condition in eral Electric, and the Westinghouse organized and own the the broadcast field. For reasons which I shall not take time to stock in the National Broadcasting Co., which renders a chain enumerate, the Radio Commi · ion made !Jut little progre during service. Of the 40 cleared channels, which are the only chan the fir t year. There was still widespread confusion and com- ~ nels upon whkh stations are authorized to operate with more plaint. than 1,000 watt , stations receiving the National Broadcasting As concrete evidence of the situation then obtaining the Co.'s service are operating on 27 cleared channels. third zone, embracing 10 Southern States, had the largest popu The Radio Corporation of America has 88 call licenses to tL<;e lation of any of the zones and the largest area except the fifth 130 frequencies with an aggregate power of 7,355,750 watts in zone; in other words, the third zone had 23.14 per cent of the international communication services ; it is authorized to use population and 21.33 per cent of the geographical area of the 200,000 watts power on each of 11 frequencies, and is authorized Nation, and yet only had 7.8 pe~ cent of the national broadcast to u e 80,000 watts power on each of 62 frequencies. Its sub ing station power ; it had less than 50,000 watts power in the sidiary, the Illinois Radio Corporation of America, is authorized aggreo-ate, whereas there were several stations with 50,000 watts to use 10 frequencies with 1,000 watts power each for com power each and the national power exceeded 600,000 watts. - mercial service on the Great Lakes. Its sub idiary, the Radio Although at that time the commission had cleared 25 wave Marine Corporation of America, is authorized to use 24 fre lengths, yet not one of these cleared wave lengths bad been quencies with an aggregate power of 31,200 watts in ship to allocated to the third zone. Southern broadcasters were plead shore and shore to ship commercial business. ing in yain for better broadcasting facilities. Gro ·s discrimi 'The total power authorized to be used by all other commercial nations and inequalities existed throughout the country, not stations combined amounts to only 1,268,560 watts; these licenses only as between different radio zones, but as between different with a very few exceptions only authorize the licensees to send States and sections within the radio zones. their own private messages and not to engage in the public This was the situation when I drafted and proposed the utility service. am~ndment directing an equalization of broadcasting facilities, I have not had time recently to summarize same, but will state wh1cb was favorably reported by the Committee on the Mer thnt the Radio CorpoTation of America and its affiliated com chant Marine and Fisheries, and which passed the House by a panies are granted an overwhelming percentage Of the radio majority of more than 100 votes. It passed the Senate prac experimental facilities. tically unanimously, with certain amendments in the form of Wherefore the only complaint which the Radio Corporation supplementary l~nguage of an interpretative or explanatory of America can have is that it has not been granted an absolute character. The bill went to conference and was reported to monopoly in all the fields of radio communication. I do not and adopted by the House and Senate with amendments of the believe that the Members of Congress or the public generally character indicated and was approved by the President March will agree that such i · a just complaint. 28, 1928. Omitting some of the supplementary language of an In this connection it is well to quote the words of President interpretatiYe natu~e, this amendment provides: elect HeriJert Hoover who, when Secretary of Commerce nearly It is hereby decla1·ed that the people of all the zones established by fiye years ago, with a marvelous grasp of the subject and a section 2 of this act are entitled to equality of radio broadcasting serv prophetic vision, ·stated at a hearing of the merchant marine ice, both of transmission and of reception, and in order to provide said and fisheries, in part, as follows : equality the licensing authority shall as nearly as possible make and The question of monopoly in radio communication must be squarely maintain an equal a1Iocation of broadcasting licenses, of bands of fre met. It is not conceivable that the American people will allow this quency or wave lengths, of periods of time for operation, and of station new-born system of communication to fall exclusively into the power power, to each of said zones when and in so far as there are applica of any individual, group, or combination. Great as the development of tions therefor ; and shall make a !air and equitable allocation •of radio distribution has been, we are probably only at the threshold of licenses, wave lengths, time for operation, and station power to each of development of one of the most important human discoveries bearing the States, the District of Columbia, the Territories and possessions of on education, amusement, culture, and business communication. It the United States within each zone, according to population. can not be thought that any single person or group shall ever have the This amendment was strenuously fought by certain radio in right to determine what communication may be made to the American terests, particularly the radio monopoly, and by the representa people. tives of certain cities which had far beyond their fair share of We can not allow any single person or group to place themselves in broadcasting facilities. This fight was led by Commissioner a position where they can censor the material which shall be broadcast 0. H. Caldwell, of New York, who grossly misrepresented thls to the public. amendment and the result it would effect. Radio communication is not to be considered . as merely a business For instance, when the bill embracing the equali~;ation amend carried on for private gain, for private advertisement, or for entertain ment was reported and \vas pending in the Hou e, Commi sioner ment of the cUl'ious. It is a public concern impressed with the public Caldwell gave out a stat~ment viciously criticizing the amend trust and to be considered primat·ily from the standpoint of public ment; he and others opposed to a fair equalization of broadcast interest to the sume extent and upon fhe basis of "the same general ing facilities gave his statement wide publicity in the press and principles as our other public utilities. otherwise, among other things, mailing copies to the broadcast DAVIS EQUALIZATION AMENDMEST AND REALLOCATION OF 'OVEr>lBER 11, 1928 ing stations throughout the country. In this statement Cald I bare had numerous colleagues and others to ask me about well, among other things, stated that the enactment "of this the reallocation of broadcasting facilities made by the Federal abominable redistribution clause would Wl'eck our present won Radio Commission effective November 11, 1928, and as to whether derful broadcasting structure." such reallocation was in accordance with what is generally re After the Federal Radio Commission had made the realloca ferred to as the "Da,is equalization amendment." I only have tion effective Novembe1; 11, 1928, Commissioner Caldwell gaYe time to discuss these matters IJriefly and generally. i out a statement, after conn ·eling with :r majority of the mem The fi1·st broadcasting stations just grew up. Beginning with bers of the commission, as he admitted at the recent hearings; the licensing of the first broadcasting station in 1921 and con he admitted that he was correctly quoted in the statement, in tinuing for a few years thereafter, the broadcasting facilities which he stated in part as follows: exceeded the requests therefor. As new applications for broad November 11 : The Federal Radio Commission carried out "the latest casting licenses were received they were assigned a place on radio mandate of Congress that the radio broadcasting wave lengths, 1929 CONGRESS! ON AL RECORD-HOUSE 3781 . powers, and other facilities be redistributed equally among all citizens which Caldwell said would absolutely ruin radio. They have of the Republic-that is, be subdivided among the States and sections of increased the station power in every zone and in practically the Nation according to population. every State, including New York and Illinois, as shown in the This redistribution of the country's radio ordered by the national law hearings, from which I quote, as follows : making body, of course, means the wi thdra wa1 of wave lengths from Mr. DAVIS. I have here an <>fficial statement prepared and furnished some States and communities which have heretofore been enjoying an to the committee by the Radio Commission, I presume th1·ough its secre excess of broadcasting stations and the reassignment of such waves tary, dated January 17, 1929, a broadcast summary, in which it gives to States in sections heretofore prevented from having broadcasting the number of stations prior and subsequent to the November 11 alloca stations because the national spectrum was full. tion and the same with respect to the power in the different States and I quote further from the hearings : the difl;ere~t zones, and it shows that in the first zone, before the alloca Mr. DAVIS. Now, proceeding with this statement: tion, there were 103 stations, and now there are 116. There was an "With such redistribution of wave lengths and upsetting of the increase instead of a reduction there, was there not? familiar broadcasting structure made inevitable by the equalizing Mr. CALDWELL. Yes. amendment of the 1928 act of Congress, it has been the concern of the Mr. DAvrs. And then it shows that prior to the reallocation the total commis~ion, while faithfully carrying out the equalizing or ' pro station power in the first zone was 207,175 watts, and that under the portionality' feature of the act, to see that a high standard of radio reallocation of November 11. 1928, there were 212,070 watts, and, in service be restored to the American public, which has suffered two addition to that, an authorization of another 50,000-watt station, which years of interference and heterodynes growing out of the law's break has not gone into use yet, which would make a total for the first zone down m 1926." of 261,820, as compared with 207,175 watts before the reallocation Then, in the last paragraph, you are reported as saying as follows : under the equalization amendment. " The patience of the public is therefore invited, with the knowledge Now, it did not bring that first zone down to the lowest zone in that through the new plan there will eventually be restored to the power, did it? American public radio broadcasting service without parallel in the Mr. CALDWELL. No; the result of the amendment itself there was to history of the art." actually increase the power of that zone. Mr. CALDWELL. I think that is true. I think that is the consensus * • • • * of all engineering opinion on the subject, sir. Mr. DAVIS. But, excepting that station, these records show th.at there • * • • • was an increase in power in the first zone. Mr. DAVIS. Speaking further along the line of that situation, you Then we will take the second zone. There were 105 stations, and wrote an article, did you not, which appeared in the Star of January there are now 107. There was 109,867 watts power, and there are now 1, 1929? I presume that is authentic. Your name is at the head of it. 179,350, and when certatn grants go into effect which are not now in Mr. CALDWELL. Yes; I think I wrote that. effect there will be a total of 192,350 watts power. Mr. DAVIS. This article starts off as follows: Then you take the third zone, as to which it was claimP.d they " The outlook for radio and for radio broadcasting never was were not enterprising, that they were not wanting stations and not brighter than it now appears, standing at the threshold of 1929." able to build stations, and so forth, and, therefore, everybody else That is about a month and 20 days after the November allocation would have to be brought down to them. This report shows that went into effect; and then you state further : there were 113 stations in the third zone and that there are now 115, " While the reduction of local radio service in certain parts of the and that there was immediately prior to the reallocation 66,060 watts Atlantic seaboard will occasion some inconvenience as compared with power, and in that connection I want to say that there was some the former excess of broadcasting enjoyed by eastern listeners, it is increase in the South, as you will recall, immediately after the believed that citizens thus deprived will cheerfully accept this equali passage of the 1928 bill, which ran it up from what was about 50,000 zation and redistribution, knowing that the facilities thus lost by them before to 66,000, and there is now in use in this third zone this are being made avai1able to other American citizens in other parts of "backward" zone, 194,820 watts, and you have granted constr~ction the country which formerly had little or no radio service." permits which, if used, would run the total power in that zone up to 303,820. Do you think that there is anything wrong in that? Mr. CALDWELL. I believe that is a proper statement. Now you come to the fourth zone. They had 169 stations. They Mr. DAVIS. Is there anything wrong in that picture and in that now have 156. They had, however, in excess of anybody else, and there principle? has been some reduction there. Mr. CALDWELL. No, indeed. Mr. CALDWELL. Do those figures show the great reduction in time" on the air, because, after all, that is the factor. There has been a reduc Commissioner Caldwell also declared in the statement which tion in the fourth zone of time on the air, I believe. he gave out in opposition to the equalization amendment that Mr. DAVIS. Yes ; I assume that you have undertaken to equalize the this amendment would bring the broadcasting facilities and discrepancy in ·stations. I was simply showing the situation before station power of the other zones down to the power and facili and subsequently. ties in the lowest zone, calling attention to the fact that the Then, before the reallocation, the fourth zone had 165,600 watts third zone had less than 50,000 watts power, and so forth, as he power, and they no'w have in use 295,188 watts power. admitted at the hearings. He admitted that he was likewise Then, in the fifth zone, they had 128 stations, and now have 133. wrong in that statement, as shown by the following quotation They had previously 63,900 watts power, and they now have 112,080 from the hearings : watts power, and if they use the authority that' has been given under Mr. DAVIS. Was there anything in that equalization amendment that con truction permits it will be increased to 161,080. tlirected an increase or decrease of the aggregate national power? This makes a total of national power of 1,219,250 watts as compared Mr. CALDWELL. No; very wisely not. with 612,662 before the reallocation. In other words, it has been Mr. DAVIS. As a matter <>f fact, it did not compel power in other doubled. tanes to be brought down to that of the lowest zone, did it? Mr. CALDWELL. All of that increase in power, of course, has occurred Mr. CALDWELL. No. on the cleared channels-in other words, where it is desirable that it Mr. DAVIS. And in that connection did you not call attention to the should occur. fact that one zone, the third zone, had only about 50,000 watts power, Mr. DAVIS. When you were before this committee a year ago, you and the result would be that the other zones would be brought down made this statement dur·ing the time that Mr. Briggs was cross-examin to that zone? ing you: Mr. CALDWELL. That was the legal interpretation upon the first study, " Commissioner CALDWELL. It has been the disposition of the commis chat it would be necessary to equalize the power. I think the com sion exactly to carry out that thought, but I want to call your attention mission has properly and in the public interest solved the issue by to the fact that this provision is the most serious clause in the law and !ISing this other method. the one clause which may nullify the usefulness of the rest of the law Mr. DAVIS. Do you now think, on the present interpretation of that for this reason "-- ' ~qualization amendment, that it directed any such result as that? I want to say, parenthetically, that the provision which was under Mr. CALDWELL. No. discussion was the provision in the 1927 law directing an equitable Mr. DAVIS. Yon are satisfied that you were wrong when you first dishibution. [Reading:] interpreted it? "At the present time, I think, approximately five of the States have Mr. CALDWELL. Yes. the large amount of power. There are 37 States that are below the average. Now, if we take the States of New Jersey, New Yo.rk, and In this same COill!ection I wish to call attention to the fact Illinois, those States have b·om three to four times the power of the that ~ommissioner Caldwe~ stated at the hearings a year ago rest of the country. If we undertake to bring up the other 37 States to that if we undertook to build up the States to the power levels the power levels of those States, radio is absolutely ruined." of New Jersey, New York, and Illinois "radio is absolutely * * * * * • r'?ned :• ; and large~y upon his insistence, and the insistence of Mr. DAns. Now, you keep talking about cleared channels. The total hired, Jnterested engineers, the commission did the very thing national power under tbe reallocation has been increased about 600,000 3782 CONGRESSIONAL RECOR.D-HOUSE FEBRUARY lf} watts over what it wns before. What portion of this 600,000 watts bas Mr. M. H. Aylesworth. president of the National Broadcasting been assigned to stu tions of the cleared channels? Co., testified on this subject at the recent bearings, as follow~: Mr. CALDWELL. Undoubtedly practically all of it. l\lr. DAVIS. As you yourself corxectly said, .and contrary to the .. * • • opinion that formerly obtained, there is no such thing as a national The CHAIRMAN. Did I understand you to say that the entire increase station. in power as shown on this tabulation here is due to the increases given l\ir. AYLESWOR'fH. No, sir. to the cleared channels? Mr. DAVIS. And no station can possibly give anything like satisfac Mr. CALDWELL. I think that substantially all of it is of that character. tory service even to a comparatively small part of the country, much In this connection, I shall insert in the RECORD as Appendix A less to the whole country; that is true. is it not? the official statement referred to, furnished by the Radio Com Mr. AYLESWORTH. You are right. Anybody who thinks otherwise is mi ·sion, giving a broadcast summary in which the situation is kidding himself, Judge. shown prior and subsequent to the Novemuer 11, 1928, alloca And yet Commissioner Caldwell and certain others represent tion, given by zones and States. ing the big interests are insisting on clearing 10 additional The clearing of these 40 channels necessarily resulted in still channels, and forcing all except a few on tho e channels ontv further crowding the stations on the remaining 50 channels. the already overcrowded remaining uncleared channels. All of the stations authorized to use more than 1,000 watts Mr. John V. L . Hogan, a consulting radio enginee·r of New power are on the cleared channels. Tl;lere are 85 stations o_n the York, made a statement and various suggestions to the Federal 40 cleared channels and they are authorized to use a total of Radio CommiNsion when ·they were holding bearings and receiv- . 936,400 watts power. On the other hapd, there are 542 broad ing suggestions with respect to the reallocation of broadcasting ca~ting s~ations on the remainiQ.g 50 channels and th~y are facilities. He admitted that be bad represented different mem authorized to use an aggregate p·ower of 282,850 watts. Besides, bers of the Radio· Trust pr-ofessionally and that he bad consulted 12 of the said 50 channels are shared with Canada. There are with their engineers in regard to· the question of reallocation. 259 local stations on 6 of the 50 channels, an average of 43 sta Commissioner Caldwell thought so well of l\Ir. Hogan' testimony tions per channel. that be di tributed his statement, but without the cro s-examina '!'here are chain stations on 38 of the 40 cleared chann~ls, of tion; he sent a copy to me. Mr. Hogan is undoubtedly regarded which 27 are receiving programs from the National Broadcasting as one of the leading radio engineers. His statement before the Co. and 11 from the Columbia Broadcasting Co. I shall insert Radio Commission was inserted in the recent hearings. in the RECORD as Appendix B a list of the stations on the 40 Mr. Hogan stated that- cleared channels; showing those affiliated with the National Five-hundred-watt stations may be duplicated if they .are kept about Broadcasting Co. network and those affiliated with the Columbia 1,800 miles apart. That is to say, it is possible to get two or three Broadcasting Co. network. 500-watt stations .on each cllannpl if they are geographically kept about In making the reallocation effective November 11, 1928, the 1,800 miles apart. commission substantially followed a plan submitted by a com mittee of radio engineers composed of R. H. Marriott, C. W. Dr. J. H. Dellinger, of the Bureau of Standards, gave prnc H orn, L. E. Whittemore, and Dr. J. H. Dellinger. Mr. Horn tically the same advice to the Radio Commi sion. He al o said was then and is now in the employ of the Westinghouse Electric last April: & Manufacturing Co., one of the leading membPrs of the radio The interrelation between frequency and power is the hard problem. monopoly, and which corporation bad several broadcasting sta It is only by proper adjustment of these two factors with due regard tions and was otherwise deeply interested in radio. For in to geographical separations that there can be any hope of reducing stance, the Westinghouse Co. manufactures broadcasting interference and making any material improvement in the present chaotic apparatus, and they receive over $300,000 for apparatus situation. capable of broadcasting with 50,000 watts power, so that And yet under the reallocation, by rea on of so many cleared they were naturally very much interested in as many cleared channels, the commission placed from four to ten 500-watt, 750- channels and as many high-powered stations as possible. Mr. watt, and 1.000-wat stations on the same channel. For in ·tance, Whittemore was then and is now in the employ of the American on the frequency of 550 kilocycles, they placed five 500-watt sta Telephone & Telegraph Co., another important member of the tions, one 750-watt station, one 1,000-watt station, and one 250- radi,o monopoly, which is likewise vitally interested in different watt _station. On the frequency of 560 kilocycle , they placed phases of the radio industry. Among other things, the chain four 500-watt station.s, three 1,000-_watt stations, one 2,500-watt programs are carried from station to station over the wires of station for daytime operation, and one3,500-watt station for day the American Telephone & Telegraph Co. and its subsidiaries, time operation. 'l'bese are typical examples. It is true that some and the president of the National Broadcasting Co. stated at the tations on these channels share time, but in practically every hearings that they· paid this company $2,000,000 for such serv instance there are considerably more than three of such stations iee last year; con"equently Mr. Whittemore's employer was operating simultaneously. vitally interested in as many chain stations as possible and :Mr. Hogan also stated that- r:mch stations having as desirable assignments as possibl~. 1\Ir. Whittemore is reputed to have drafted the plan under dis One-hundred-watt stations mny be djstributed about sevE'n to the cussion. channel if they are kept about 900 miles apart. A plan of such biased authorship could not be expected to That, as I say, is for a set-up which will give substantially the full be ideal from the standpoint of the general public or the inde service range that is practicable, before the noise level is reached, to pendent broadcasting stations. each of the stations. · While the commission under their reallocation made a fairly And yet on the six channels assigned to local stations there rqual distribution · of broadcasting facilities between the differ are a total of 259 stations, of which 95 are 100-watt stations ent zones, speaking generally, and in some respects made a more authorized to operate full time, seventy-one 100-watt stations scientific allocation, yet, on the other band, they marred their which divide time, eight 250-watt stations authorized to operate good work in this respect by following the advice and insistence in the daytime, besides 56 stations _of Jess than 100-watt power of Commissioner Caldwell and radio engineers either in the authorized to operate full time, and 29 stations authorized to employ or under the influence of interested concerns. operate part time with less than 100-watt power. In other First. In clearing 40 channels and crowding 86 per cent of words, there are allocated to these channels an average of six the broadcasting stations together on the remaining 50 channels, teen 100-watt stations authorized to operate full time, tw~lve a portion of which also bad Canadian stations on them; 100-watt stations authorized to divide time, eight stations of less Second. By granting superpower to stations on the cleared power authorized to divide time, and ~me and two-thirds stations channels ; and authorized to operate in the daytime on 250 watt . Further Third. By assigning 38 of the 40 cleared channels to chain more, two of these channels are shared with Can!!da. stations, including all of the superpower stations. These chain I shall insert in the RECORD as Appendix C the table showing stations on cleared wave lengths are authorized to use consid the stations operating on these six channels. erably more than half of the total national power authorized to Wherefore, in the light of the advice of the radio engineers, it be used by the 627 broadcasting stations. was inevitable that such an allocation would not prove ~atis The plan in question purported to provide for three classes factory to the independent stations or the listening public. of stations-national, regional, and local. Assuming for the sake of argument that we should have some The so-called national stations are those on cleared channels cleared channels, I respectfully insist that 2n of such channels with high power. However, there is no such thing as a national would be ample, avoid such crowding of the station , and attain broadcasting station, as is now admitted by all persons familiar much better results. · . With the subject who have any regard for the truth. Even Upon that question I wish to quote from Lewis B. F. Raycroft, Commissioner Caldwell aclmitted that at the recent hearings. vice president of the National Electrical Manufacture1;s Asso- 1929 CONGRESSIONAL RECORD-HOUSE 3783 ciation, who made a statement at the ·bearing before the Radio mitted to practically monopolize the field. I have received more Commi sion at the general allocation bearings last April, in complaints about chain stations monopolizing the dial than any which be said : one other feature of radio. The listeners complain that when the chain stations are on the air, which is practically all of the An examination of the existing allocations indicates quite clearly that time up until midnight, they drown out all other stations; 28 of the 39 stations now authorized to use 5 kilowatts or more are of wherever the listener turns the dial be hears the same program. a characte~· to justify their being considered for exclusive channels. Mr. Bellows, before mentioned, in referring to the chain-pro These 28 stations are on channels which could be cleared without great difficulty. There appears to be no present basis for clearing more than gram situation at the hearing , stated : this number of channels. I believe that the duplication to which Mr. ABE& 'ETHY has referred exists and is a somewhat serious menace to the rights of listeners On the subject of high power I am convinced that no broad to hear what programs they want. casting station. should be authorized to use more than 5,000 watts power, or 10,000 watts as the very limit. No higher power In view of the fact that Mr. Bellows is manager of a chain is needed by a broadcasting station for any legitimate purpose, station, it can not be claimed that be is prejudiced against them. and.any higher power will work havoc with other stations by its Commissioner Caidwell, in discussing the chain-program situ blanketing and heterodyning effects. ation at the hearings a year ago, stated: There are many 500 and 1,000 watt stations which can be In other words, I think the analogy is like this : If you were giving satisfactorily heard over large areas-after midnight when the a musicale at your house and you had selected six of the best musicians superpower stations have gone off of the air. There were re ot the country to appear at this musica!e, you would feel great con cently a number of notices in the press of station KLCN, at fidence that you were going to have a wonderful musical evening; but; Blytheville, Ark., operating with 7lh-watts power, being dis i~ one after another, they all go up and sing Annie Laurie--that is tinctly heard at var~ous points in the East. It is needless to what we have discovered the chain stations are doing; they have all state that this. reception was after midnight. Similar instances taken the same programs-you would feel that arrangement was en of many other low-power stations can be cited. All of which tirely .unsatisfactory, .and certainly that identical arrangement is abso goes to show that high power is not necessary to attain a reason lutely unsatisfactory in the public interest, and I feel your criticism is able distance and also that the superpower stations drown out sustained. And I feel the next step of the commission, with the help the other stations, so that they can not be beard except when of the other independent stations, is to substitute independent programs the high-powered stations are not operating. for a large number of chain programs on preferred channels, because For all practical and useful purposes a 5,000-watt station with those chain programs should be on local cbannels, wholly regional chan proper apparatus and properly operated will serve as wide an nels. There is no excuse for more than five of those chain programs area and serve it as well as a 50,000-watt station. As evidence being on national channels. of that I shall insert in the RECORD as Appendix D a letter from And yet he led the fight in having the Radio Commission as Mr. Burridge D. Butler, publisher of the Prairie Farmer and sign 38 out of the 40 national channels to chain stations, and owner of station WLS, together with a summary, by States, of to grant practically all of the bigh power to these chain stations. 12,961 voluntary letters and telegrams received from listeners in If Commissioner Caldwell and his colleagues on the commission 46 States during one week, advising that they had heard· and had pursued the course which he suggested, as above quoted, we .epjoyed the programs from this statio_n. Station WLS uses the would have an infinitely more satisfactory situation from the best crystal control and modification panel. . listeners' standpoint, not to speak of the independent stations, I venture the assertion that no 50,000-watt station in the who· have largely been crowded off of the radio map. country can excel that record. The baneful effects of the present chain situation can be As reflecting on tbis subject I shall insert in the RECORD as largely eliminated in the manner suggested by Commissioner Appendix E a letter from Mr. W. J. Buttileld, of Plainfield, Caldwell in the above quotation, or by synchronization ; that is, N. J., and as Appendix F one from Mr. C. W. Hamilton, of by requiring stations broadcasting the same program to use the Brookfield, Mass. These are typical of numerous letters re- same wave length. I am aware that the chain stations them ceived from all over the country. . selves do not want to synchronize and their engineers tell the Commissioner Caldwell is perhaps the most inveterate and Radio Commission that the art has not developed to such an -intempe1·ate advocate of high power in the country, and yet extent that synchronization is practicable. Nevertheless, it is upon cross-examination at the hearings a year ago, when seek practicable and feasible and synchronization is being success fng an excuse for not having authorized any stations outside of fully done both in this country and in England. the East to use superpower, he stated: The ideal broadcasting situation would be for the ·listener to Judge, our experience with these 50-kilowatt stations has been that be able to satisfactorily hear the programs from the stations they cause such interference with both sides of them that they render within his reasonable range which he desires to hear and to be those channels practically useless and I think we should go slowly in able to tune out those which he does not desire to hear. Such granting this increased power. a situation can be reasonably attained under the equalization amendment by a proper allocation and the employment of cor Mr. H. A. Bellows. manager of station WCCO, Minneapolis, rect policies and methods. However, such a situation can never Minn., formerly a member of the Federal Radio Commission even be approached with so many cleared channels, so much and generally rega-rded as a radio expert, at the recent hearings high power, the present chain situation, and so forth. agreed with the statement of Caldwell just quoted. I sincerely trust that the Radio · Commission will discard the . If those superpower stations "cause such interference with ·disproven theories of technicians who admit that they chang~ both sides of them that they render those channels practically their views on radio every year or two and apply common sens~ useless," it goes without saying that they cause interference to the ·solution of these problems. In this connection I quo~ on still other channels to an indefinite extent, dependent upon the kilocycle and geographical separation. from a recent address by President Coolidge as follows : It is admitted by al} the radio ejperts that the interference We need men of technical training. We could not maintain our radius of a broadcasting station is from ten to one hundred modern life for any length of time without them. It is necessary for times as great as the program radius. our progress to have individuals who make a life study of one subject Although vractically all of the high-powe1-:ed stations are to the exclusion of everything else. The danger to them and from them chain stations, ·yet there is less reason for high power being lies in their becolllii:!g lost in particulars. While they are wonderfully employed by stations in the chain system than anywhere else. skilled in their own subject they often do not comprehend its relation to The chain stations are distributed throughout the country, the other subjects. National Bwadcasting Co. network embracing about 60 sta There would be a place in the world for the soldier and sailor who tions, and the Columbia network embracing 43 stations, and could see nothing but national defense, * * * and a place in every both networks still increasing. Chain programs are carried large enterprise for the experts in accounting, in production, in trans from station to station over telephone wires. It was proven portation, and in merchandising, though they might understand nothing at the hearings, and undi: puted, that only six-tenths of 1 watt is of the broad principles of political economy. But these talents will required to transmit a chain program o-ver the wire. Conse reach their greatest usefulness only when directed and coordinated quently, a chain station should only be permitted to operate by the wisdom of a comprehending executive who may not always know, with sufficient power to reach the listeners within its own area. but who rarely fails to-understand. I could multiply indefinitely evidence against the advisability The accountants do not manage the banks, the mechanics do of high power. I expect to go into that subject more fully at a not manage the factories, the engineers do not manage the rail future time. roads, the navigators do not manage the steamship lines. And With respect to chain stations, I wish to state that I am not so the radio engineers should not be permitted to run the Radio opposed to them. They are very useful and should have their Commission. This applies with peculiar force to the so-called proper place in the broadcast field, but they shoul_d not be per- radio experts who have "axes to grind." 3784 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 APPENDIX A Bt·oadcast stmuna.,.y-eontlnued Broadcast surmnary Stations Frequencies Power in watts Stations Frequencies Power in watts Sub- Sub- States Prior se- Prior se- Total Sub- Sub- C. P. author States Prior se- Prior se- s b C.P. Total to quent to quent Prior Subse Inc. to quent to quent Prior u se- author Nov. to Nov. to toNov. ~~nt ized Inc. ized Nov. to Nov. to to Nov. II, Nov. 11, Nov. 11, 1928 ~~- t2't:J:; 1928 11, 1928 11, 11 ' 1 11, Nov. 11, Nov. 11, 1928 19z8 1928 11, 1928 11, 11 ' I928 I928 1928 1928 . ------1------1·------FOURTH ZONE-con. FIRST ZONE Missouri______2I 20 I7 I3 15, OI5 20,250 ------Connecticut______4 4 3 3 2, 000 1, 750 49,750 51,500 Nebraska______15 9 I3 7 9, 370 4, 650 ------Delaware______1 2 1 2 250 350 ------North Dakota______5 5 5 5 715 1,800 ------District of Columbia__ 3 3 3 3 1,150 850 ------South Dakota______9 9 8 8 7, 330 2, 930 _ ------Maine______3 3 3 3 850 850 ------Wisconsin______17 17 13 I4 5, 770 8, 800 ------Maryland______4 6 3 6 700 5, 750 ------Massachusetts______16 17 13 12 18,850 19,750 ------Tot~L 7 ------169 I56 132 102165,600 295,180 ------Tota aut onzed ______.:.:..::.:.:. ~.:.:..::..:..:..:.:..::.:.:. ______300, I80 New Hampshire______2 2 2 2 550 600 ------1 New Jersey __ ------25 15 19 8 53,925 14,750 ------1 New York ______46 56 33 28 126,740 166,010 ------FIFTH ZONE Rhode Island______6 5 6 4 1, 550 800 ------Vermont______2 2 2 1 110 110 ------Arizona______5 5 5 5 840 900 ______------Porto Rico______1 1 1 1 500 500 ------California______48 47 38 30 23, 8IO 44,050 45,000 89,050 1------Colorado______I6 I6 11 11 9, 860 I7, 210 ------Total______103 116 89 73 207,175 212,070 ______------Idaho______4 7 4 5 2, 275 1, 825 ------Total authorized ______------261,820 Montana______6 7 6 6 915 I, 660 ------= Nevada______0 I 0 1 0 IOO ------SECOND ZONE New Mexico______3 3 3 2 5,150 10,150 ------1 1 1 1 1 Kentucky______3 3 3 3 I, 530 11,030 5,000 I6, 030 g~!t~~======: gj g ~ ~:fl~ ~:~~ ---4;ooo- ---io,-oso M ichigan______18 19 16 11 9, 9IO IO, 330 Washington______23 23 16 15 11,475 17,810 ------Ohio______27 26 20 17 25,292 71,335 Wyoming______1 I I 1 500 500 ------P~DJ?-Srlvania______42 42 32 20 59,795 64, OI5 4,000 68, OI5 Alaska______3 3 3 3 610 610 ------Vrrglllia______11 11 9 8 I2, 680 I6, 765 4,000 20,765 HawaiL------__2___ 2___ 2___ 2_~~~~ West Virginia______4 6 3 5 660 5,875 ------1;---·1----1----t--- Total- 7 ------128 133 ~02 94 63,900 112,080 ------______Total authorized ______------______------______------161,080 TotaL __ ------105 107 83 64 109,867 I79, 350 ------Total authorized ______------______------I92, 350 Total for United ======States______618 627 504 415 612,602993,500 1225,750 ______THIRD ZONE Grand total au-==--==== Alabama______5 5 5 5 I, 325 5, 575 4, 000 9, 575 Arkansas______8 8 8 7 2, 465 7, 500 ------thorized.. ______------I, 219, 250 Florida______I2 I2 11 10 10,950 12, 200 ------' Out of total increased power authorized by construction permits, 75,000 is author ~~:ti~======1~ 1~ I~ ~ ~:~g g: ~~g --i5;ooo- ---42.-iso ized experimentally only. Mississippi______5 5 5 4 845 I, 010 ------North Carolina______5 6 5 6 3, 550 I6, 650 5, 000 2I, 650 NOTE.~The list prior to reallocation was compiled as of Aug. 15, 1928 and the list subsequent to includes changes up to Jan. 1, 1929. ' Oklahoma______10 11 9 8 3, 225 I2, 600 ------reallo~tion South Carolina______I 2 I 2 75 I75 ------Tennessee______16 I6 13 I2 I4, 490 19,82-5 45,000 64,825 APPEI\DIX A-1 Texas______3I 33 24 I6 I9, 535 80,935 40,000 I20, 935 The reduction of the number of frequencies allocated to each zone ------:------TotaL __ ------113 115 98 82 66,060 I94, 820 ------______is due to the fact that the commission cleared 40 of the 90 channels, Total authorized ______------______------______------303,820 placing one or two stations on each of said cleared channels, thereby restricting their use, whereas pre~ously there were a large number of stations assigned to these same channels, thus crediting theh· use to the different zones and States, according to the location of the stations formerly on said channels. However, this clearing of channels and ::: n !! !. ill·r:: $ ::: =::: ::[::=:::: =: the consequent restriction of theit· use was not directed by the Davis ~r~~~=;~~::Kansas______9 ~ 8 ~ 8 5 4,350 9 650 Minnesota______IO 11 8 6 s, 100 3o: 200 ---5;ooo- ---35;200 equalization amendment. APPENDIX B Stations on 40 cleared channeu Fre Owner Power quency Call letters Location Remarks Kilo cycles Watts 1640 KFL ------Los Angeles------Earl C. Anthony (Inc.)_------5, 000 50,000, c. p. 640 W AIU ------Columbus, Ohio_------American Insurance Union ______5, 000 L. t. 1650 WSM ______Nashville------National Life & Accident Insurance Co ______5, 000 c. p., 50,000. 1660 WEAF ------Bellmore, N. Y ------National Broadcasting Company (Inc.)------50,000 660 W AA W ___ ------Omaha, Nebr ------Omaha Grain Exchange ______500 Daytime. 2670 WMA Q------___ Chicago ______------Chicago Daily News ______.______·5,000 1680 WPTF ------Raleigh, N. o------Durham Life Insurance 00------1, 000 c. p., 10,000, I. t. 1680 KPO ______San FrancisCO------Hales Bros. and The Chronicle ______5,000 1700 WLW ___ ------Mason, Ohio______Crosley Radio Corporation.. ______50,000 700 KFVD ______Culver City, Calif ______W. J. & C. I. McWhinnie ______250 L. t. . f710 WOR ______Newark, N. J ------L. Bamberger & Co ______5,000 1720 W G N-WLIB ____ ----- Chicago ______------______------__ ---______Tribune Co ______------____ -----______25,000 1740 WSB _ ------Atlanta, Ga____ ------Atlanta Journal Co __ ------__ 10,000 740 KMML ______Clay Center, Nebr______M. M. Johnson Co ______1,000 L. t. 1750 WJR-WCX ______Silver Lake Village, Mich------WJR (Inc.)------5,000 WJZ ______New York CitY------Radio Corporation of America ______!760 30,000 760 WEW __ ------St. Louis ______------St. Louis University ______------___ ------____ _ 1, 000 I Daytime. 2770 WBBM-WJBT _ ----- Chicago ___ ------_ Atlas Co. (Inc.) ____ ~ ______------_------__ 10,000 c. p. 25,000. 770 KF AB______Lincoln, Nebr______Nebraska Buick Auto Co_------5, 0()(} I 1790 WG Y ------Schenectady __ ------___ ------____ General Electric Co ______------__ 50,000 L . t. 1790 KQO __ ------Oakland, CaliL ------__ ___ do_ - ______------10,000 18()() WBAP ------Fort Worth, Tex------Carter Publishers (Inc.)------10,000 c. p., 50,000. 18()() WSAL ______Mason, Ohio ______Crosley Radio Corporation (lessee>------5,000 L. t. 800 KTHS ______Hot Springs, Ark ______Hot Springs Chamber of Commerce ______5,000 C.p. 2810 WCCO ------Minneapolis_------_ Washburn-Crosby Co ______----- ______------____ --"--- 7, 500 c. p ., 15,000. 810 WPCH ______New York City ______Concourse Radio Corporation ______500 Daytime. 1820 WHAS ___ ------Jeffersontown, Ky ___ ------Courier Journal Co. and Louisville Times ______10,000 C. p . 1830 KQA ___ ------Denver, Colo ____ ------General Electric Co ______12,500 830 WHDH______Gloucester, Mass ______,______Matheson Radio Co. (Inc.) ______1, 000 Daytime. 1 National Broadcastin~ Co. system. 2 Columbia Broadcasting Co. sy ·tern. 1929 CONGRESS! ON .LL\_L RECORD-HOUSE 3785 Stations on 40 cleared channels-Continued Fre quency Call letters Location Owner Power Remarks Kilo cycles WaUs 850 KWKH ____ ------Kennon wood, La ____ ------_ W. K. Henderson ______------______5,000 c. p., 20,000. 7 850 WWL __ ------New Orleans, La______Loyola University ___ ------500 c. p., 5,000. 850 KFQZ ______Hollywood, CaliL ______Taft Radio & Broadcasting Co. (lnc.)------1,000 L. t. 2 860 W AB0-WBOQ______New York City------Atlantic Broadcasting Co_------5,000 I 870 WLS ______------Crete, ill------Agricultural Broadcasting Corporation ______5, 000 1870 WENR-WBCN ______Chicago, ill------Great Lakes Broadcasting Co------50,000 (lnsull.) 970 W CFL ______----- ___ __do ______------_ Chicago Federation of Labor------______------______1, 500 c. p., 50,000, I. t.-1. p. 2 970 KJR __------Seattle, Wash ______------Northwest Radio Service Co ______------& 5,000 I 980 KDK.A ______Pittsburgh ______Westinghouse Electric Manufacturing Co ______50,000 I 990 15, 000 I 990 ;~~A--~~:::::::::::: ~~ion~~i-~~~~~~-~~~::::::::::::::::::::::::: :::::~g : :::: ::::::: :::::::::::::::::::::::=:::::::::::::::: 500 11,000 WH 0------Des Moines, Iowa _____ ------Bankers Life Co ___ ------5,000 11,000 W OC______Davenport, Iowa_------Palmer School of Chiropractic ______·------5,000 1,000 250 L.t. 11,020 ~?~~KFKx:::::::: 8~~~~:~~~ -~~~f~:::::::::::::::::::::::::::::::: ~:fft~i~kEf~ti~s~niVfariliraciilliiig-co:::::::::::::::::::: 5,000 1,020 KYW A_------__ ___do ____ ------____ _do ____ ------__ ------_ 5,000 1,050 1,000 C. p., 25,000, I. t. 1, 050 ~F~~~-----~:::::::::: }f~~~~~J~c-aiiC_-~::::::::::::::::::::::::::: ~~f~~P~~a~~~fn~ 5~~~~:::::::::::::::::::::::::::::: 5, ()():J 11,000 WTIC ______Hartford, Conn ______Travelers Broadcasting Service Corporation ______250 c. p., 50,000. 11,060 WBAL ______Baltimore, Md ______Consolidated Gas, Electric Light & :fower Co ______5,00J 1,060 RJ AG _------Norfolk, Nebr______Norfolk Daily News ______------1, 000 L. t. 1,060 KWJJ __ ------Portland, Oreg ______------Wilbur Jerman _____ ------500 L. t. 11,070 WTAM ____ ------Cleveland, Ohio __ ------WTAM & WEAR (Inc.)------3,500 11,070 WEAR_------_ -_-- _do __ ___ ------·------_____ do ____ ------_------1,000 1,070 W A.A. T _------Jersey City, N. !______Bremer Broadcasting Corporation______300 Daytime. 1,070 WCAZ _____ ------___ Carthage, Ill _------Carthage College ______------__ 100 Do. 1,070 100 Do. 11,080 5,000 c. p., 10,000. 1,080 5,000 L. t. 1,080 !!tij~ ~~::::~:~: ~:~: ~~~:::;o~:~~:::~:::~~:~: ::::~~: ~=~~~=~~: ~:ff~~£j~~:ii~~~~~:~~~~~~~~~~~~=~~~~~~~~:~ 5,000 L. t. 2 1,1)90 8 5,000 L. t. 1,100 ~~8~~~~~~-----=~== !\l~t~ c~-N~y_-::::::::::::::::::::::::::: ~o~ci~~iit~~?lga~cdc-ciiy======:::::::::::::::::: 5,000 1,100 WL WL ______New York City, N. Y ------Missionary Society of St. Paul the Apostle ______5,000 6 to 8 p.m. 1,100 KJBS ______San Francisco, Calif______Julius Brunton & Sons Co ______100 Daytime. 11,110 1,000 c. p., 5,000. 1,110 ~s~~ ~=::::::::::·:::: ~~~m~~. ~~na1r~ ::::::::::::::::::::::::::: ~i~~ #aNi~r~~ 1 National Broadcasting Co. system. 2 Columbia Broadcasting Co. system. C. p. =construction permit. L. t. =limited time. 85 stations, using a total of 622,150 watts; construction permits for additions, 314,250 watts; total, 936,400 watts . .APPE~IX C APPENDIX D Potoet- of stations on follou;ing frequencies THE PRAIRIE FAR~ER Number 1230 WEST WASHINGTON BOULEVA.RD, of Fall Limited Day- stations time time time Chicago, fll., Ja11uary 30, 19!9. Hon. E. L. DAVIS, ------~--- ( ------Kilocycles: House of Representatives, Was71ington, D. 0. 1,200 (Canadian shared) ______l-__4_9_ ------1 DEA.R JUDGE DAVIS: I have been greatly interested in your observa Number of 100-watt stations______31 14 17 tions on high-powered radio stations, and in your efforts to improve Number of stations (other power)·---- 18 14 1 conditions for the radio-listening public. Here are some things which 1,210 (Canadian shared)______40 ------I am sure will interest you : Number of 100-watt stations ______31 15 16 ------~ WLS, the Prairie Farmer station, is a 5,000-watt station with a high Number of stations (other power)---- 9 6 3 ------percentage modulating system and crystal-control unit. It bas been I ======~=====F======I ======built the best that the brains of the radio engineers could devise. 1,310------55 ------During the past three weeks WLS received letters from its listeners Number of IQO.watt stations ______36 20 16 ------Number of stations (other power)----- 19 8 11 1 as follows: ====~= i :======i======F====~= January 12: 10,479, for 46 States. 1,370.------42 ------January 19: 12,261, for 45 States. Number of 1QO.watt stations ______. 32 19 13 ------.January 26: 12,961, for 46 States. Number of stations (other power) ____ _ =====p=====p====10 6 4 l======------These were voluntary expressions from our listeners, mostly letters of appreciation for our programs which are designed primarily for rural N ...:::-~~- ;,;.;_~ ~;; -;,;;,;~~~::::: ::::: : ~ ------;~------~------; listeners-that is, official detailed markets for Chicago and other centers, weather reports, farm news, a nd so forth. WLS is the only station de ____;_ voted primarily to the agricultural interests. It is conducted by the Nu:.:_~f-~~~t:~~-~~~~~~-~~=~:~~~~~~ ------~~------~-~------~-~ Prairie J.i'armei· to render a distinct service for the farm industry of the Number of IQO.watt stations______18 11 7 ------Number of stations (other power)_____ 13 10 3 ------Nation. These records were made in face of a number of 50,000-watt and 6------259 1 } 8 other high-powered stations east of the Mississippi. It is my deliberate {~~ ~ judgment that the character and quality of the programs are infinitely Average stations per channel, 43. more importa nt than the power of the station. The stations enumerated under the "Daytime " column are authorized Sincerely yours, to usc 250 or 300 watts until sunset. BU.RRIDG1il D. BUTLER, Publisher. "3786 CONGR.ESSION AL- REOORD~HOUSE FEBRUARY" 1.9 Letters received by lVLS January 21 to 26 Chain programs are acceptable when something of national Im Alabama------ 39 portance is broadcasted, such as a President's address, etc., other Arizona------~------ 0 wi!>e they are an abomination and a trespass on the rights of all who 61 Arkansas------ want to listen to some special program on a near-by wave length. California------Colorado ______5 66 ~ssociated stations broadcasting chain programs should be com Connecticut------~------ 82 pelled to shift to the wave length of the master station during. such 16 DistrictDelawar~ of ------Columbia ______chain programs; that is, all rebroadcasts should be on one wave length Florida ______23 Georgia ______6 for one program. This would confine the multiplied volume· to o.ne 30 channel. . Of course, this would be added expense and trouble to the Idaho ------3 chain stations, but would remove annoyance to thousands of people Illinois (outside Cook County)------2,434 Illinois (Cook County) ------854 who can not afford the most expensive radio receivers. !~diana------ 1,198 This would also obviate the necess~ty . of anything greater than Iowa------ 433 10,000 watts power, as you wisely suggest. Kansas ------'------·------20!; 96 The big-bog stations, such as WGY, WEAF, WJZ, and Chicago Trib ~;~J~i~~~~~~~~::::::::::::::::::::::::::::::::::::::::: 14 une, are all faders, with blasting volume one minute, the next minute ldaine------21 they fade to unsatisfactory volume or fluctuate off their wave length, 63 1\laryland ------=------=------ so I always time in to a weaker rebroadcast station ·to get the pt·ogram !fassacbu etts---~------ 73 Michigan ------507 satisfactorily. 444 24 I am glad to know some one has courage enough to put the octopuses 225 where they belong. Stand by your guns, and don't let the " engineers " ~ontana------~------·38 (paid employees of the G. E. and ;R. C. A.) put over anything on the ~~~~}!f~~======18"7 great multitude pf ordinary folks, who can't afford to buy or operate ~~~~d~~::::::::::::::::::::::::::::::::::::::::::::~:::: 1 New Hampshire __ .:. ______~------21 "coast-to-coast screen-grid 14-tube super electodynes." N ew Jersey ------·------ 70 Yours very truly; New 1\fexico------6 C. W. HAMILTON, New York __ ~------~------.:. ____ _ 453 North Carolina------31 BorrJ 176, Brookfield, Mass. 260 f>gJ:~--~~~~~a_:::::::::::::::::::::::::::::::::::::::::: ·:: 318 P. S. : Fading and fluctuating stations should not be allowed to Oklahoma------ 90 operate until they correct the defects. WBZ · is powerful,· but does not Oregon ------'---'-..:.----'--'------·---- 1 fade or fluctuate. Pennsylvania ______.:.'------..:.------629 I have no connection with any radio station or business. Rhode Island------16 South Carolina ------13 Tennessee ______.:. ______- _.:_ __ .:. __ :... ____. ______:.. __ 65 The CHAIRMAN. The time of the gentleman from Tennes- Texas------ 134 see has expired. All time has · expired. 0 The Clerk will read the bill ·for amendment. Utah------22 47 The Clerk read as follows: Wasbington~r:~~r:======______..: __· ------======~=== 0 SEc. 3. Prior to January 1, 1931, the licensing authority- shall grant 5f:l ~r:~o:Jf~~~~====~::::::::::::::::~====~::::::::::::::::: 772 no. license or renewal of license under the radio a·ct of 1927 for a Wyoming ____ _: ______._·------=------~=------~-- 21 broadcasting station for a period to exceed three months and no lice-nse Canada------..:---~- 49S or renewal of license for any other class of station for a to 1 p~riod Cuba------~------exceed one year. Letters received by us ______..:.:.. ___ _:_:_·______: ______.______10, 796 Letters received by Swifts ------=------308 Mr. FREE. Mr. Chairman, I offer an amendment. Letters received by Sears -----:------1, 067 The CHAIRMAN. .The gentleman from California offers an amendment, which the Clerk will report. Total------~-~------12, 171 Total telegrams received______106 The Clerk read as follows: Total telephone requests------.--:-----:------~ 684 Amendment offered by Mr. FREE: Page 2, after line 9, add a new Total communications ______. _-______-_ ___. ____ 12, 961 section·, as follows : "SEc. 4. The term of office of each- member of the commission shall APPENDIX E expire on February 23, 1930, and thereafter commissioners shall be PLAlNFlELD, N. J., December_18, 19!8. appointed for service of 2, 3, 4, 5, and 6 years, respectively, as provided in the radio act of 1927." · Ron. C. C. DILL, Senate Office Building, Washington, D. 0. Mr. DAVIS. I understood the gentleman from California DEAn Sm: Re your recent reported comments as to effect superpower enumerated that in section 5 of the pending bill. He offer.· it bt·oadcasting stations, it might be of interest to you to know that in as a new section? Plainfield, N. J., W.JZ at Bound Brook is audible in five distinct places 1\fr. WHITE of l\laine. I think it merely requires numbering on the dial, using the so-tenned " one-spot " Radlola No .. 60 super as section 4 instead of section 5. heterodyne. Mr. FREE. We in erted. in this. hill the language used in the · The field strength of the first harmonic (say, at about 200 meters) last bill extending the life of the commis ion. of WJZ is about as great as at its assigned frequency. using any.modern The CHAIRMAN. The question is en agreeing to the amend- set. Not only do these high-powered stations play havoc with all others ment. within a range of 40 kilocycles, but all low wave lengths (say, below The amendment was agreed to. 250 and down to 100 meters) must inevitably be heterodyned to such an The CHAIRMAN. The Clerk- will read. extent as to become useless by tlie harmonics of superpowered stations. The Clerk read as follows : Of course, if the purpose be to " crowd off the air P all but a favored few and generally "blanket the radio field," I can well understand SEc. 4. The commission is authorized to appoint a general counsel Commissioner Caldwell'-s insistence upon superpower ; also his reference and pay him a salary of $10,000 per- annum and not to exceed three to the transformation from a "lemon" handed out by Congress · to a assistants to such general counsel, at salaries of $7,500 each per sweetened " lemonade " concocted by the commission ; i. e., making the annum. It may appoint such other legal assistants as it may from time "advertising value of high-powered stations greater." to ti)lle find nece. sary for the proper performance of its duties and I trust the bill recently introduced by you will be enacted; a limit of a§! from time to time may be aJ_>propriated for by Congress. 5,000 watts would be preferable. 1\fr. WHITE of Maine. Mr. Chairman, I move to strike out • • • • • • • the numeral " 4 " on line 10 of page 2 and insert in lieu thereof Respectfully yours, the numeral "5." It becomes section 5. W. J. BUTTFIELD. The CHAIRMAN. The gentleman from Maine offer an amendment, which the Clm~k will report. The Clerk read as follows : APPENDIX F Amendment ol'l'ered by Mr. WHITE of Maine: Page 2, line 10, strike BROOKFIELD, MASS., April 12 19-28. 1 out "4" and insert "5." Bon. E. L. DAVIS, House of Represetttatives, Washington, D. 0. The CHAIRMAN. The question is on agreeing to the amend· DEAR Sm : More power to you in your scotching of the radio hogs. ment offered by the gentleman from l\Iaine. WGY at Schenectady is a pest with this great power which blasts out The amendment was agreed · to. other stations; and to make it ..worse, this station fades miserably and The CHAIRMAN. Under the rule, on the completion of the also fluctuates to either side of its wave length. bill the committee automatically rises. CONG~ESSIONAL RECORn--· H·ouSE . 378·7 Accordingly the committee roe; and Mr. TILSON, as Speaker safety at sea we should adopt a load line law in the United 11ro tempore, hafing assumed the chair, Mr. CRAMTON, Chairman -States. of the Committee of the Whole House on the state of the Union, Speaking for myself, I have always adhered to the idea that having bad under con ideration the bill (H. R. 15430) continuing coastwise shipping ought to be included, the same as foreign the powers and authority of the Federal ·Radio Commission going vessels, but I am not making any contention for that in under the radio act. of 1927, and for other purposes, reported that this bill, because it is important to have this legislation enacted that committee bad directed him to report the same back to the at this time. Neither am I contending that it apply to the House with certain amendments, with the recommendation that Great Lakes shipping, although, as I have thought, it should the amendments be agreed to and that the bill as amended do apply to the Great Lakes shipping. pa ·s. - We have as many disasters on our coastwise ships, and we The SPEAKER pro tempore. Under the resolution under have as many disaster on the Great Lakes, as we have on our which this bill was considered the previous question is ordered . foreign-going vessels. They say it is not necessary to apply this Is a separate vote demanded on any amendment? If not, the . l_aw to the Great Lakes, because the depth of the water through Chair will put them in gross. The question is on agreeing to which the boats must ply in passing through the canals is so the amendments. shallow that the boats can not be overloaded, and that there The amendments were agreed to. fore there is no los of life on account of overloading, because The SPEAKER pro tempore. The question is on the engross if there was overloading the boats could not pass through these ment and third reading of the bill as amended. canals. · The bill as amended was ordered to be engrossed and read a · Mr. SHREVE. Will the gentleman yield? third time, was read the third time, and passed. Mr. l\IcKEOWN. Yes. ' On motion of l\fr. -WHITE of Maine, a motion to reconsider the · l\Ir. SHREVE. I understand from what the gentleman has la t vote wa laid on the table. said that this law will not apply to the Great Lakes. · l\Ir. McKEOWN. It does noLapply to shipping on the Great LOAD LI ~ES FOR AMERICAN VESSELS Lake nor to barges in the coastwise trade. · Mr. PURNELL. Mr. Speaker, by direction of the Committee Mr. SHREVE. The gentleman has correctly stated that the on Rules I call up House Resolution 322. ships on the Great Lakes can not overload, because of the depth The SPEAKER pro tempore. The gentleman from Indiana of the water. calls up House Resolution 322, which the Clerk will report. Mr. BRIGGS. In the bill there is a provision which excepts The Clerk read as follows : barges and lumber schooners operating to and from contiguous House Resolution 322 territory in the coastwise trade. Resolved., That upon the adoption of this resolution it shall be in Mr. McKEOWN. That is correct. order to move that the House resolve itself into the Committee of the Mr. BRIGGS. And the bHl does not apply to ships operating Whole House on the state of the Union for the consideration of S. 1781, on the Great Lakes? an act to establish load lines for American vessels, and for other pur l\Ir. McKEOWN. The Great Lakes are entirely excluded. Mr. DAVIS. If the gentleman will permit, I want to say to poses. That after general debate, which shall be confined to the act the gentleman from Pennsylvania that he will find the excep 'and· shall continue not to exceed on·e hour, to be equally divided and tions cited in section 9 on page 9 of the bill. controll_ed by those favoring and opposing the act, the act shall be read Mr. COCHRAN of Missouri. Will the gentleman yield? for amendment under the five-minute rule. At the conclusion of the reading of the act for amendment the committee shall rise and report l\lr. McKEOWN. Yes. l\Ir. COCHRAN of Missouri. If this is a necessity, why wait the act to the House with such amendments as may have been adopted, 18 months before the law goes into effect? and the previous question shall be considered as ordered on the act and Mr. McKEOWN. That is in order to give the department the amendments thereto to final passage without intervening motion time to set up an organization to carry out the provisions of the except one motion to recommit. law. The law can not be put into effect immediately because it The SPEAKER pro tempore. The gentleman from Indiana is would be impossible. If that were done. requiring the boats to recognized. be immediately properly marked, they would come under the Mr. PURI\"T]JLL. l\Ir. Speaker, this resolution, if it is adopted, penalties provided in the bill. It is necessary to allow a cer will make in order the consideration of Senate bill 1781, to tain time in which these boats may be properly marked. There establish load lines for American ves els, and for other pur fore we do not put the law into effect immediately, because poses. It come with a unanimous rep<:>rt from the Committee otherwise it would be detrimental and cost a lot of money. on the Merchant Marine and Fisherie.. Mr. PEERY. Will the gentleman yield? Owing to the lateness of tb~ hour, I do not desire to make Mr. McKEOWN. Yes. any statement, and unless some gentleman on the other side Mr. PEERY. If the underlyino- principle in this bill is to wishes some time I shall move the previous question on the provide greater safety for the seamen why should barges and resolution. lumber schooners be excepted? l\Ir. BANKHEAD. I do not think any member of the Com l\Ir. McKEOWN. I will frankly say to the gentleman that mittee on Rules desires any time but I would like to have 10 this is the situation : It is primarily for the safety of crews and tninutes yielded to the· gentleman from Oklahoma [Mr. Mc safety of passengers, and 1 think myself it will eventually be KEDWN] a member of the Committee on fhe Merchant Marine necessary to apply such a law to barges, but it is necessary at arid Fisheries. this time, from the information we have, that we pass this bill Mr. PURNELL. Then, l\Ir. Speaker, I yield 10 minutes to as soon as possible so that they can put this load line law into the gentleman from Oklahoma [Mr. McKEOWN]. effect. l\Ir. McKEOWN. l\Ir. Speaker and gentlemen of the House, Mr. PEERY. The Senate bill provided for a load line wholly the nece sity for load-line legislation is because of an attempt in foreign trade, did it not? on the part of the United States to comply with the regulations Mr. McKEOWN. Yes. that are imposed in foreigri ports-that is to say, foreign coun · Mr. PEERY. You have now put in coastwise vessels, and you tries require these load lines. They are provided for the have engrafted upon that three exceptions. safety of life at sea, and that is the main purpose underlying Mr. McKEOWN. Yes. load-line legislation. The English nation and other great sea · Mr. PEERY. If the underlying principle is to protect the faring nations have these load-line regulations. The load lines lives of seamen, does not that apply with equal foFce to barges are marked on the ships so that they can be seen when the ships and lumber schooners? are being loaded and these markings are on the ships in order Mr. McKEOWN. I am told that the barges are used princi- • to prevent loading beyond the safety point. They are known pally on the inside, -on the intercoastal canals. Furthermore, as as Plimsoil marldngs and they are marked along the sides of to lumber schooners, I understand there is not much danger of the ships. There has been great difficulty in the United States their being overloaded because the cargo they carry is buoyant in trying to get this legislation. For years and years we have and raises the vessel, so that it do.es not have the effect of tried to get it. The difficulty has arisen over the fact that some overloading. of us think that load lines should be applied to coastal and Mr. O'CONNOR of New York. Will the gentle~an yield? lake ships just as well as to foreign ships, but in order that this Mr. McKEOWN. Yes. legislation may go through those who have adhered to that Mr. O'CONNOR of New York. If that is true of a lumber point of view have for the time being waived their objections. It schooner, it would also be ltrue of a lumber steam vessel, would causes a great deal of inconvenience arid it causes a great deal it not, and lumber steam vessels are included? of unnecessary expense to our ships going into foreign harbors Mr. McKEOWN; The lumber schooner loads on the outside where load lines are in effect. We think that in order to have or on the decks, as the gentleman knows. L:XX--239 3788 CONGRESSIONAL RECORD-I{OUSE FEBRUARY 19 1\Ir. WOLVERTON. Will the gentleman yield. Mr. WHITE of Maine. Mr. Chairman, I yield my elf 15 l\fr. McKEOWN. I yield. minutes. 1\Ir. WOLVERTON. I notice that in section 9 lumber schoon Mr. Chairman and gentlemen of the eommittee, the necessity ers operating to and from ten·itory contiguous to the United for this legislation is dictated by two major con ideration . The States are excepted from the provisions of this bill. Why is it load line is a mark placed upon the hull of the ves el below that you exempt lumber schooners operating to and from terri which it is unlawful or shall be unlawful to submerge that tory contiguous to the United States and do not exempt lumber vessel. schooners that are engaged in trade between our different SEVERAL l\fE"l-lBER8. Above. States? Mr. WHITE of Maine. That is, you can submerge the ves el Mr. McKEOWN. I will say to the gentleman that it is the to that load line, but you can not submerge it so the water is consensus of opinion among a great many of the members of above the load line. It is dictated by two major considera the committee that lumber schooners are exempt. I do not tions--first of all, so it seems to me, a proper regard for the agrc:>e with that construction. As to contiguous territory that safety of the ship, for the safety of the crew, and for the safety is because lumber schooners going from Seattle, we will say, of the cargo. up into the Canadian ports, have no load line and we would put The United States has enacted no load line law, but every a hardship on our vessels if we undertook to put a load line other principal maritime nation in the world has one. So far as on them when they have to compete with the schooners of I know there is no outstanding maritime nation in the world Canada. that does not have a law on its statute books of this general 1\Ir. WOLVERTON. Will the gentleman answer this further character with this general purpose in view. question? Why should there be a load line then as between And so let me repeat that the prime reason for the legislation Oregon and Washington, by way of illustration, or between is safety. Then there is another consideration. I suppose that Georgia and New Jersey? practically every maritime nation in the world has a load line Mr. McKEOWN. It i the contention of some of the members of its own. Under the practice for many years past when a of the committee that they are not included. I can not agree vessel of the United States without a load line goes into a port with that. of a foreign country they have been obliged to place on the hull Mr. O'CONNOR of New York. Will the gentleman yield a load line worked out in conformity with the foreign law, at further? the dictation of the foreign government, or the foreign govern Mr. 1\fcKEOWN. I yield. ments have been considerate enough to waive the provisions Mr. O'CONNOR of New York. Speaking about schooners, of their law and their penalties and permit our vessels to sail has any load line been established for the rum runners? from their port. Mr. McKEOWN. We are trying to put the Coast Guard out It has been u.<;ual for many years with respect to American there to stop them and they are doing it rather effectively. vessels leaving foreign ports to give a ·surance, and to constantly Mr. PURNELL. This is not a prohibition mea. ure. renew the a surance, that soon the United States would work Mr. McKEOWN. I did not understand it had anything to do out a load line bill of its own, and place American vessels on with prohibition. the same footing as the foreign ship. Mr. PURNELL. It is not that kind of load line. [Laughter.] Now I think it is time--1 do not conceive that anyone can Mr. HOWARD of Nebra..,ka. Will the gentleman yield? controvert the proposition that if American ves els are to have Mr. McKEOWN. Ye . upon them a load line when clearing from a foreign port or Mr. HOWARD of Nebraska. Does the gentleman have the going from our port to a foreign port-t11at that load line hould approval of the admiral of the Oklahoma navy in hi. position? be determined under the rules and authority of American law, 1\fr. McKEOWN. It has been submitted and found to be a and not be put on there by foreign authorities under the necessi very good bill and one that is very neces ary. [Applause.] ties of foreign law. And so, for the e two major considerations, The SPEAKER pro tempore. The time of the gentleman from your Committee on Merchant Marine and Fisheries have Oklahoma has expired. unanimously reported this legislation to the House. Mr. PURNELL. Mr. Speaker, I am assuming that the other Mr. McDUFFIE. Will the gentleman yield? I had heard Members who desire to a k questions are willing to ask them orne suggestion that this legislation did not affect coastwise of the chairman of the committee when we go into Qommittee traffic. of the Whole, and if there is no furth~r time d~i:red by gentle Mr. WIDTE of l\Iaine. If the gentleman will permit, I will men on the other side, I move the prevwus question. discuss that very briefly. The bill as passed by the Senate The previous question was oruered. related only to vessels of 250 tons or over, engaged in foreign The resolution was agt·eed to. trade. In that form it met one.of the necessities of the case; Mr. 'VHITE of Maine. Mr. Speaker, I move that the House it took care of the situation so far as foreign legislation and resol>e itself into the Committee of the Whole House on the foreign government was concerned, but it entirely neglected state of the Union for the consideration of the bill ( S. 1781) that other consideration to which I have alluded, the regard of to establish lo.ad lines for American vessels, and for other the safety of the ship, the safety of the crew, and the safety of pm~es. . the cargo. The SPEAKER pro tempore. Does the gentleman w1sh to There i no nation in the world that has a coastline like that provide for control of the time? Under the rule it. is to be of the United State . No vessel of any other nation in the equally divided between those favoring and those oppo ing the world engaged in its coastwise trade goes on a voyage com bill. Mr. WHITE of Maine. Mr. Speaker, I presume I shall control parable with a vessel on a coastwi e voyage of .the United States. the time in favor of the bill. I am not advised as to anyone in Take a an i11ustration a vessel in the coa twi e trade going from Boston to Pensacola or down around Florida up into the opposition to the bill. Mr. WOLVERTON. Mr. Speaker, I may say to the gent!e Gulf; ·be is on a voyage comparable with an oversea voyage or man that there are se\eral of us who are opposed to the b).ll. a trip to a foreign port. Every consideration of afety that Will the Chair grant one-half of the time to some one repre demands a load line on a vessel in the foreign tra~e applies senting the opposition? equally to a vessel of the United States engaged in that character Mr. WHITE of Maine. Mr. ·speaker, I ask unanimous con of coastwise trade. sent that one-half of the time may be. controlled by the gentle Mr. JOHNSON of Washington. Mr. Chairman, will the gen man from New Jersey [Mr. WoLVERTON] and one-half by myself. tleman yield at this point? The SPEAKER pro tempore. The gentleman from Maine 1\ir. WIDTE of Maine. Yes. n ks unanimous consent that the time may be conh·olled one Mr. JOHNSON of Washington. About this amendment in sec half by himself and one-half by the gentleman from New Jersey. tion 9. I want to ask why a lumber schooner operating to and I there objection? from territory contiguous to the United States should be ex There was no objection. empted, when a lum~er schooner loaded, we will say, on Grays The motion was agreed to. Harbor for an American port should not be? Accordingly the House resolved itself into the Committee of 1\ir. WHITE of Maine. There is not any sensible reason under the Whole House on the state of the Union for the consideration the sun if we regard only safety. of the bill S. 1781, with 1\ir. CRAMTON in the chair. Mr. JOHNSON of Washington. And why this amendment? The Clerk read the title of the bill. 1\lr. WIDTE of Maine. 'Ve got into a very erious conflict Mr. WHITE of Maine. Mr. Chail·man, I ask unanimous con in our committee over thi-; bill. For the first time ince I have ~ent that the first reading of the bill be dispensed with. been a l\lember of this Hou e and on the Merchant Marine Com The CHAIRMAN. Is there objectio-n to the request of the mittee the American Steam-.:hip Owners Association, represent gentleman from Maine? ing tb~ largest group of team ·hip operators in the United States, There was no objection. came before our committee and urged that this load line should 1929 CONGRESSIONAL RECOR-D-HOUSE 3789 apply not only to vessels in the foreign trade but should apply Mr. WHITE of Maine. May I say one more word in response to our coastwise trade. Then immediately came the question .as to the remarks made by the gentleman from New Jersey? His to whether there were not certain exceptions to that general criticism may be sound, yet I was not inviting amendments. rule which should be made. First of all, it was urged that we I knew they were coming. should except from that general provision trade on the Great Mr. WAINWRIGHT. If the gentleman will yield, if it is Lakes, and there is a substantial, well-founded reason for ex wise to make exception of vessels that come from Nova Scotia cluding the Great Lakes. Not at any time are vessels long and Newfoundland into ports of the United States on the distances away from land. The harbor is always near at hand, Atlantic coast, why not make some exception on lumber and there is not too much water at the mouths of rivers and in schooners coming from ports in the gentleman's own State and ports. Then there is the further reason that Canada does not other ports in the United States? require a load line on her vessels on the Great Lakes so that Mr. WHITE of Maine. The bill as it is now written does the imposition of a load line on our vessels in the Great Lakes except from the operation of the load line law "essels moving would involve a discrimination against our vessels as compared from my State to Canadian points. with Canadian vessels, and so we exempted the Great Lakes, Mr. WAINWRIGHT. It does not indicate outside of Cana and I think for sound reasons. Then the question came up dian points and no.t vessels from the ports in the gentleman's about barges. own State to ports in other States. There were interests which appeared before the committee The CHAIRMAN. 'l'he time of the gentleman has expired. and insisted that barges should be exempted from the operation 1\Ir. WHITE of Maine. Will the gentleman from New Jersey of the law, pointing out that barges did not have motive power use some of his time? of their own, but were always towed by some vessel ·having Mr. WOLVERTON. I yield five minutes to the gentleman motive power; that that vessel was always near at hand, ready from Washington [Mr. JoHNSON]. to lend aid in case of distress ; and that those vessels were of a Mr. JOHNSON of Washington. Mr. Chairman and mem type which calls for loading until the vessel sat deep into the bers of the committee, on page 9, line 9, you will find section 9, water. Then came this question of the lumber schooner. It an amendment by the Committee on Merchant Marine and Fish was urged by interests on the Pacific coast that the lumber eries to the Senate bilL It reads as follows : schooner was very similar to the barge ; that it carried a small crew; that it was loaded with lumber, which was in itself buoy SEc. 9. This act shall not apply to vessels operating exclusively on ant; and that there was no great need for the imposition of the Great Lakes or to barges otherwise coming within the provisions these requirements upon the lumber schooners. After a very of this act or to lumber schooners operating to and from territory con warm discussion in our committee, and a very decided differ tiguous to the United States. ence of opinion, the committee voted these two exceptions. That is a strange thing. Can you imagine a lumber schooner Speaking now for myself, I think the exception of the Great being required to have a load line, load at Grays Harbor to· Lakes is logical; but I think there is no logic in excepting either San Francisco or San Pedro, when that same schooner could lumber schooners or barges and applying the requirements of have no load line if loaded for any ports in Mexico? The the load line law to the balance of our coastwise or domestic whole of it goes to contiguous territory. trade, and that logically we ought to include within this bill Mr. MICHENER. Is not the real purpose of that exemption both the barges and the lumber schooners or we should exclude to permit your lumber vessels to compete with the Canadian altogether the coastwise trade from the operation of the law. lumber vessels? I express the opinion that the load line should apply to every Mr. JOHNSON of Washington. I presume the great bulk type of vessel falling within the general description of the bill, of the lumber schooner's cargo goes to California points. other than vessels upon tl)e Great Lakes. l\Ir. MICHENER. Is not that the real poipt to it? 1\Ir. LEHLBACH. Mr. Chairman, will the gentleman yield? Mr. JOHNSON of Washington. I think only in part. But l\fr. WHITE of Maine. Yes. these lumber schooners are lumber schooners. One week they Mr. LEHLBACH. Do I understand that the gentleman will load for San Francisco and the next week they load for a port support any modification of the bill as it was reported from the in Mexico or load for Panama, and it sh·ikes me there is some committee? what of an incongruity here. 1\Ir. WHITE of Maine. I have answered the question as to Mr. NEWTON. Will the gentleman yield? what my individual view is. I will not support an amendment Mr. JOHNSON of Wa ·hington. I will. that modifies the terms of the bill, because I conceive that as Mr. NEWTON. If Canada requires a load line on commerce chairman of the committee it is my obligation to defend as best on the ocean, then this would give the American ships an ad I may the action of the committee, and I am going to stand for vantage in that kind of trade to and from Canada. this bill in the form in which my committee voted it out. I Mr. JOHNSON of Washington. I will try and inform my- do that as chairman of the committee and as a servant of the elf. I am not informed at present. Now, in reference to these committee, submerging my own individual views. lumber schooners, they have what is known as the Grays Har Mr. LEHLBACH. And as the gentleman has stated, and is bor type of schooner, quite a large number of a scooped-out the fact, this bill was reported out unanimously as a com type. When they load this lumber they are not dangerous and promise, in which almo t ev ry member of the committee yielded the crews are not in danger. The captain and the crew's quar his opinion on certain particulars. ters are at one end. That is the kind of boat they use. 1\Ir. WHITE of Maine. That is true. Mr. MONTAGUE. Mr. Chairman, will the gentleman yield 1\Ir. LEHLBACH. If the gentleman who is in charge of the there for a question? bill and will nominally support the bill in its entirety is in Mr. JOHNSON of Washington. Yes. viting amendments to it, I wonder how far the rest of us are Mr. MONTAGUE. Is Grays Harbor in the United States? bound to support the bill as it is? 1\Ir. JOHNSON of Washington. Yes. It is in the southwest- 1\lr. WHITE of Maine. Mr. Chairman, I grant the force of ern part of the State of Washington, on the ocean. the gentleman's criticism, and of course that is what it is, but Mr. MONTAGUE. I understood the gentleman to say that I do not retract what I said. I am going_to support this com if you had a vessel going out of Grays Harbor to a California mittee bill. I realize that to speak individually while I ·am at point you would have to have a load line? the same time speaking as chairman of the committee is Mr. JOHNSON of Washington. Yes. perhaps an unwise thing to do. Mr. MONTAGUE. Does not this exempt such a vessel? 1\Ir. BRIGGS. :Mr. Chairman, will the gentleman yield? 1\Ir. JOHNSON of Washington. No. 1\Ir. WHITE of Maine. Yes. Mr. MONTAGUE. This does not apply to the lumber schoon 1\lr. BRIGGS. Is it not a fact that Congre s has had before ers that operate to and from territory contiguous to the United it for about 10 years the question of passing load-line legisla. States? tion fot' the safety of the ships and lives of the passengers and Mr. JOHNSON of Washington. It applies to coastwise the crews on those vessels at sea, that the United States vessels schooners and not to -vessels going to contiguous countries. have been practically the only ones of any seafaring nation in l\lr. MONTAGUE. If it goes to a port in the United States the world that haYe not had the load line, and that our vessels it must have a load line, but if it goes to the l\Iexican coast it have been subjected in the ports of foreign countries to com requires no load line? pliance with load-line provisions of other countries and then 1\Ir. JOHNSON of Washington. No. only by sufferance, and subject otherwise to penalties, and so Mr. WHITE of Maine. This is confined to lumber schooners~ forth, which have militated against our shipping, and is it not Mr. JOHNSON of Washington. Yes. That is what I am a fact that in order to get some legislation at this session. of talking about. Congress every member of the committee submerged some of Mr. WHI'l'E of 1\Iaine. l\fr. Chairman, we have only one_ his views in order to get the bill reported out? other speaker. Mr. WHITE of l\Iaine. That is' true. 1\fr. WOLVERTON. 1\fr. Chairman, I yield 10 minutes to the l\Ir. BRIGGS. And I am standing by the committee. gentleman from New Jersey [Mr. LEHLBACH]. 3790 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 The CHAIRMAN. Tlie gentleman from New Jersey is recog lation in order .to eliminate the competition· they were laboring nized for 10 minutes. under as furm.sh~ by barges and lumber schooners, which Mr. LEHLBACH. Mr. Chairman, this bill was reported to carry cargoes of either lumber or coal. . the House by the Committee on the Merchant Marine and Fish Mr. McDUFFIE. Will the gentleman yield? eries without having behind it the complete satisfaction of any Mr. LEHLBAOH. Yes: . - member of the committee that I know of. It is essentially a Mr. McDUFFIE. Will the gentleman kindly tell us to what bill of compromise in order to secure a report. extent our failure to provide load lines on our vessels has Now, the situation leading to this legislation at this time and interfered with or hampered our commerce? making it emergency legislation is this: That all maritime Mr. LEHLBAOH. I just said that our commerce in the for countries, with the exception of the United States, have a load eign ports of the world is at the sufferance and through the line, and they have load-line legislation, just as is contained in ~ourtesy of the nations whose ports we visit, and they can stop this bill~ Such legislation provides that any ship that enters or It any day they feel like doing so. They have not stopped us clears the ports of a nation having a load line must have that as yet, but they are hinting that they will stop us unless we nation's load line and comply with the regulation applicable stop competing with them. thereto, or else it can be detained, fined, subjected to penalty, 1\fr. BLAl\TD. Will the gentleman yield? and refused clearance until after a survey, and thereupon the 1\fr. LEHLBACH. Yes. affixing of that nation's load line; unless the country under 1\Ir. BLAND. As early as 1909 Great Britain was calling on whose registry the visiting ship sails has load-line legislation this country to adopt a load line law, was it not? approved by maritime circles and the ship has complied with its Mr. LEHLBACH. Yes; and if we do not adopt it at this provisions. In that case the load line of the ship's country is session I will not answer for our merchant marine in the accepted. _ foreign trade. So it seems to me it is necessary to pass this That is ti·ue of Great Britain, and of Germany, and of France, measure at once. · and of the Netherlands, and of Belgium, and of ail the Scandi Mr. O'CONNOR of New York. How does that apply to a navian countries. It is true of every civilized maritime country coastwise vessel? except the United States. · Mr. LEHLBAOH. It does not apply at all. A law that will :i\1r. SCHNEIDER. Mr. Chairman, will the gentleman yield? protect our commerce against the application of foreign load 1\fr. LEHLBACH. Yes. line leg43lation does not have anything to do with the coastwise Mr. SCHNEIDER. How is it applied in Canada? trade at all, because no vessel can ply in that trade unless it is Mr. LEHLBACH. I do not know, except that the Cauadians under American regi try. The Senate passed a bill to meet this do not ·apply load-line regulations to ships on the Great Lakes. emergency. It did not go into the ramifications of coastwise I do not know for certain whether they apply it on the coast load-line legislation at all. The House committee insisted on or not. But I understand that all the dominions follow the doing it, although the committee knew it was endangermg the load-line legislation of Great Britain throughout the British passage of the legislation at this session when they did so. Not Empire. - having heard from the coastwise people and not having had an We have in the past year or so become more and more en opportunity to give them an informative hearing, the committee gaged in trade wars and in keen competition for commerce with included the eoastwise trade and then began butchering the various nations, chiefly Great Britain. We have attempted to provision, taking out the Great Lakes, the barges, and then the undersell and overbid in accommodations their line, recently lumber schooners that ply from Seattle to Canada but not from established, sailing between New York and Habana, Cuba. Seattle to San Francisco, a most illogical proposition. We have gone out of the North Atlantic conference and started The CHAIRMAN. The time of the gentleman from New to a certain extent a rate wa1; with our Government-opei·ated Jersey has expired. . Mr. WOLVERTON. Mr. Chairman, I yield the gentleman vessels against Great Britain and the Netherlands. ·we are three additional minutes. increasing this kind of competition and engendering the bitter Mr. WAINWRIGHT. I think those of us who are doubtful ne s that inevitably flows from it. about the bill concede everything the gentleman has said ex Now heretofore these maritime nations with load-line legis cept with respect to the question of the coastwise trade. lation have as a matter of courtesy made exceptions of the ships Mr. LEHLBACH. Why on earth are we legislating about of the United States on the plea that Congress would shortly the coastwise trade when there is no present emergency with enact load-line legislation for the ships flying the American respect to that at all? [Applause.] flag. Now rumblings and grumblings and pointed inquiries from Mr. BACON. Why should we not pass the bill as it ·pas ed foreign nations with whom we are entering into this acrimoni the Senate? · ous competition are heard, " When are you going to get a load Mr. LEHLBAOH. Why, that is the sensible thing to do. line? " and " How long must we be expected to act on promises? " Restore the word " foreign " in line 8, on page 1, and you have We are in a position where at any time any or all of these the Senate bill The other amendments do not amount to nations can outlaw our ships and cause disaster unimaginable much anyhow. - to the American merchant marine. The State Department, through its foreign representatives and as a result of its study Mr. WELSH of Pennsylvania. If the gentleman 'will yield, of the situation in this country, has urged both the House and will the gentleman offer a motion to amend the bill in that Senate immediately to pass load-line legislation applicable to way? · ships in foreign commerce, or, as it is expressed in the Senate 1\Ir. LEHLBACH. I am in the same position, exactly, as the bill, ship which are engaged in foreign voyages by sea. The chairman of my committee. We are supposed to be com'nUtted Senate took up thi matter and passed a load line· bill applying to the bill as rep-orted, but if he knocks portions of the bill exclu ively to ships in foreign trade in order to meet the that I want in, I am going to knock portions of the bill that emergency which exists at the present time, and to avert the he wants in. [Laughter.] possible danger that might result if such legislation were not I think the sensible thing to do is to take the Senate bill and speedily passed. The request of the State Department has been vote down every committee amendment and pass it. Then it seconded by the United States Shipping Board, which has be will go to the President and our merchant marine will be safe. come fearful of the penalties and harassment that might re [Applause.] sult from the absence of load-line legislation in foreign com 1\lr. WffiTE of Maine. Mr. Chairman, I yield five minutes merce. The Senate passed a bill providing for load-line legis to the gentleman from Texas [Mr. BRIGGS]. lation and applied it exclusively to vessels in foreign commerce, Mr. BRIGGS. Mr. Chairman and gentlemen of the committee, because that is where the emergency lies. When that bill was the opportunity you have for passing some load-line lecislation passed in the Senate without providing for coastwise or inter this year is better than it has ever been since my ervice in the coastal load commerce, which is exclusively engaged in by ships Congress. of American registry, those engaged in various kinds of coastwise The Senate bill deals with the foreign trade only. Up until trade were lulled to sleep as well as various interests which indi this year the coastwise trade has been very resistant against rectly are entitled to a say with respect to load-line legislation inclusion in any such legislation ; but the president of the Ameri as applied to the coastwise trade. There · were no hearings ad can Steamship Owners Association came before our committee vertised on the subject of coastwise load-line legislation, but this yea1: voluntarily and asked that the coastwi e and intra hearings were called on a Senate bill that exclusively applied coastal services be included in the load-line legislation: He to foreign-going vessels. took occasion to state that the steamship association repre The American Steamship Owners Association, of which some sented 52 steamship companies, including ships aggregating are in the foreign trade, where the load line would necessarily 3,7Eo,OOO tons and 655 vessels. He then went on and gave us the be applicable, and a greater number engaged in the coastwise following long list of steamship companie , tonnages and hips· trade, were perfectly willing to accept coastwise load line legis- embraced in the American Steamship Owners Association: 1929 CONGRESSIONAL RECORD-HOUSE 3791 l\Ir. WALKER. H. B. Walker, president American Steamship Owners American Stcannship 01oners Association-tonnage and number of Association, representing 52 steamship companies, a list of which I will ships--continued file with the secretary, 3,780,564 gross tons, and 655 ·vessels. l\Ir. ABEBNETHY. Are any of those in the coastwise trade? Num Member company Gross ber Mr. WALKER. Some coastwise, some intercoastal, and others in tht> tonnage ships interforeign trade. The list above referred to is as follows: Cities Service Transportation CO------139,411 16 LIST OF 1\fE~fBEB COllfPANIES OF THE AMERICAN STEAMSHIP OWNERS Clyde Steamship Co ______------______56,091 14 ASSOCIATION Colombian Steamship Co. (Inc.)-~------12,950 5 Colonial Navigation Co ______------______5, 775 4 American-Hawaiian Steamship Co., 8 Bridge Street, New York, N. Y. Dollar Steamship Co ______------I 185, 161 112 Eastern Steamship Lines (Inc.) ______American Line Steamship Corporation, 1 Broadway, New York, N. Y. 88 958 31 Freeport S~phur Transportation Co ______8;614 2 American South African Line (Inc.), 39 Cortlandt Street, New York, Grace Line (Inc.) (and Nosa Line) ______54,067 11 N.Y. Great orthwestem Shipping Corporation ______4, 826 1 American Sugar Transit Corporation, 117 Wall .Street, New York, N. Y. Gulf Refining Co ____ _------______------______IG5, 560 25 The Hartford & New York Transportation Co ______5,_960 4 Argonaut Steamship Line, 26 Beaver Street, New York, N. Y. Luckenbach Steamship Co. (Inc.) ______148,023 19 The Atlantic Refining Co., 260 South Broad Street, Philadelphia, Pa. 140,730 20 ' Ba rber Steamship Lines (Inc.), 17 Battery Place, New York, N.Y. ~Ro~~~~~!~~~oc~~~~~~~======44,965 11 Matson Navigation Co. (Pacific) ______134,481 22 -Bliss, Daliett & Co. (Red· "D" Line), 82 Wall Street, New York, N. Y. 55,618 13 A. II. Bull Steamship Co., 40 West Street, New York, N. Y. 193, 79·! 116 New~~~: York s~~~~; EIGHTH NAVAL DISTRICT Calif.; Denver, Colo. Marin~ recruiting stations: Western division (Includes Florida, counties west of ApalaChicola River; Alabama, Te.n headquarters, 100 Harrison Street, San Francisco, Calif. Districts : ne see, Louisiana, Mississippi, Arkansas, Oklahoma, Texas) San Francisco, Calif. ; Denver, Colo.; Salt Lake City, Utah. (Art. 1480 (3), Navy Regulations.) District headquarters, naval station, New Orleans, La. Inspection offices: Inspector of naval material, San Franci co, Calif. Naval station, New Orleans, La. (inopel~ative) : Madne barracks, Branch hydrographic office, San Francisco, Calif. naval hospital. Naval air station, Pen acola, Fla.: Torpedo depot, marine barracks, THIRTEENTH NAYAL DISTRICT naval hospital .• (Includes Washington, Oregon, Idaho, Montana, Wyoming, Alaska) Radio stations: Brownsville, Tex.; New Orleans, La.; Pensacola, Fla. District headquarters, Pier 1, Seattle, Wash., Navy yard, Puget Sound, Compass stations: Pensacola, Fla.; South Pass, La.; Galveston, Tex. Wash. : Naval hospital, marine barracks. Pigeon station, Pensacola, Fla. Submarine and destroy.er base, Astoria, Oreg., (inoperative). Recruiting stations: Navy recruiting inspector, New Orleans, La. Naval air station, Sand Point, Wash. Naval main recruiting stations : Birmingham, Ala. ; Nashville, Tenn. ; Naval ammunition depot, Puget Sound, Wash.: Marine barracks. New Orleans, La. ; Dallas, Tex. ; Houston, Tex. ; Little Rock, Ark. ; Pacific coast torpedo tation, Keyport, Wash.: Marine barracks. Oklahoma City, Okla. Marine recruiting stations, southern division head Radio stations: Astoria, Oreg.; Cordova, Ala ka (Eyak and Hans- quarters, United States post office and court building, New Orleans, La. com) ; Dutch Harbor Alaska; Kodiak, Alaska; Puget Sound, Wa h.; Districts: Southem, New Orleans, La.; Houston, Tex. (Art. 1480 (3), Sitka, Alaska ; St. Paul, Alaska ; Keyport, Wash. Navy Regulations.) Compass stations: Cape Hinchinb.rook, _Ala ka; Cattle Point, Wash. ; Branch hydrographic offices : New Orleans, La. ; Galveston, Tex. Empire, Oreg. ; Klipsan Beach, Wash. ; Fort Stevens, Oreg. ; New NI~TH NAVAL DISTRICT Dungeness, Wash. ; Smith Island, Wash. ; Soap tone Point, Ala ka ; Tatoosh leland, Wash.; Destruction Island, Wash.; St. Paul, Alaska. (Includes Ohio, Michigan, Kentucky, Indiana, Illinois, Wisconsin, Minne Recruiting stations: Naval main recruiting tations; Portland, Oreg. ; sota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, Seattle, Wash. Marine Corps recruiting · station , district : Portland, Kansas) Oreg.; Seattle, Wash.; Spokane, Wash. (Art. 1480 (3), Navy Regu District headquarters naval training station, Great Lakes, Ill. lations.) Naval training station, Great Lakes, Ill. : Naval hospital; marine Inspection offices : Inspector naval material, Seattle, Wash. In pee barracks.· tors of naval aircraft, Boeing Airplane Co., Seattle, Wash. Inspector Radio stations, Great Lakes, Ill. of naval petroleum and oil shale reservPs Colorado, Utah, and Wyoming, Compass stations: Detour, Mich.; Grand Marais, Mich.; Whitefish Casper, Wyo. Point, Mich. ; Eagle Harbor, Mich. Branch hydrographic office: Portland, Oreg. ; Seattle, Wash. Recruiting stations: Navy recruiting inspectors, Chicago, Ill.; Omaha, FOURTEENTH NAVAL DISTRICT Nebr. Naval main recruiting stations, Chicago, Ill.; Cincinnati, Ohio; Detroit, Mich.; Indianapolis, Ind.; Des Moines, Iowa; Kansas City, (Includes Hawaiian Islands and islands to westward, including Midway) Mo. ; Omaha, Nebr. ; St. Louis, Mo. ; Minneapolis, Minn. ; Louisville, District headquarters, naval opemting base, Pearl Harbor, Hawaii. Ky.; Milwaukee, Wis. Marine recruiting stations, Central division Naval operating base, Pearl Harbor, Hawaii: Navy yard, naval air headquarters, 720 West Monroe Street, Chicago, ill. Districts, Chicago, station, submarine base, naval hospital, marine barracks. Naval am Ill. ; Cleveland, Ohio ; Detroit, Mich. ; Cincinnati, Ohio ; St. Paul, Minn. ; munition depot, Kuahua. St. Louis, Mo. ; Indianapolis, Ind. ; Kansas City, Mo. ; Des Moines, Radio stations: Pearl Harbor, Hawaii; H~ia, Oahu, Hawaii; Hon Iowa. (Art. 1480 (3) Navy Regulations.) olulu, Hawaii; Hilo, Hawaii ; Wailupe, Hawaii. Inspection offices: Inspectors of naval material, Chicago, Ill.; Cin Pigeon station: Naval air station, Pearl Harbor. cinnati, Ohio. Inspectors of naval aircraft, general inspector naval FIFTEENTH ~A VAL DISTRICT aircraft, central district, Wright field, Dayton, Ohio; Cleveland, Ohio ; (Includes Panama Canal Zone) Detroit, Mich. ; Arkon, Ohio. District headquarters, Balboa, Canal Zone. Branch hydrographic offices: Duluth, Minn.; Sault Sainte Marie, Naval operating base, Canal Zone: Naval air station, Coco Solo; Mich. ; Chicago, Ill. ; Cleveland, Ohio ; Detroit, Mich. submarine base, Coco Solo ; torpedo depot, Co<'o Solo ; marine barracks, ELEVENTH NAVAL DISTRICT submarine base, Coco Solo. (Includes New Mexico, Arizona, southern part of California, including Radio stations: Darien, Canal Zone; Balboa, Canal Zone; Cape Mala, counties of Santa Barbara, Ventura, Los Angeles, and San Bernardino, Panama; Colon, Panama ; La Palma, Panama ; Puerto Obaldia, ranama. and all counties south thereof) Compass stations: Toro Point, Canal Zone ; Cape Mala, Panama. District headquarters, naval operating base, San Diego, Cali!. Pigeon station : Coco Solo, Canal Zone. Naval operating base, San Diego, Calif. : Naval air station, marine SlXTEE~TH NAVAL DISTRICT barracks, destroyer base, naval training station, naval hospital, naval (Includes the Philippine Islands) supply depot, naval fuel depot, torpedo depot, Marine Corps base, aircraft squadrons, West Coast Ex:peritionary Force. District headquarters, Naval StatiQD., Cavite, P. I.: A iatic communi Navy freight office, San Pedro, Calif. cation officer, Los Banos, P. I. Radio stations: San Diego, Calif.; Point Lama, Calif.; Chollas Naval station, Cavite, P. I.: Submarine base; naval ammunition Heights, Calif. depot; naval hospital, Canacao ; naval medical supply d pot, Canacao ; Compass stations : Imperial Beach, Cali!. ; Point Arguello, Calif. ; fuel depot, Sangley Point ; marine barracks ; naval pri on. Point Fermin, Calif. ; Point Hueneme, Calif. Naval station, Olongapo, P. I. (inoperative) : Marine barracks. Pigeon station, San Diego, Calif. Radio stations: Cavite, P. I.; Los Banos, P. I.; Olongapo, P. I. Recruiting stations : Naval main recruiting station, Los Angeles, Calif. Marine Corps recruiting stations, district, Los Angeles, Calif. OUTLYING NAVAL STATIONS A~D ACTIVITIES (Art. 1480 (3). Navy Regulations.) STATIONS IN MID-PACIFic-ISLAND OF GUAM-OFFICE OF THE GOVERNOR, Inspection offices : Inspector of naval aircraft, Santa Monica, Calif. GUAM Inspector of naval petroleum reserves, Los Angeles, Calif. United States Naval Station, Guam : Naval hospital; naval· coal TWELFTH NAVAL DISTRICT depot, Cabra.s Island; marine barracks. United State Marine Patrol (Includes Colorado, Utah, Nevada, northern part of California, includ Squadron Three; pigeon station. ing counties of San Louis Obispo, Kern, Inyo, and all counties north Radio stations: Guam {Libugon and Agaila). thereof) American Samoa: Office of the governor, naval station, Tutuila; District headquarters, naval operating base, San Francisco, Calif. : United States Naval Station, Tutuila. Pacific communication officer. Radio station: 'J'utuila, Samoa. Purchasing and disbur ing offices, San Francisco, Calif. STATIONS I~ WEST INDIES Navy yard, Mare Island, Calif.: Naval prison, Mare Island; naval United States Naval Station, St. Thomas, Virgin Islands: All naval fuel depot, Tiburon ; naval ammunition depot; naval medical supply activities in the Porto Rico-Virgin Islands area are under the com depot; naval hospital; marine barracks. mandant of this station for purposes of administration. Marine bar Receiving ship, San Francisco, Calif. racks, St. Thomas. Naval hospital. United States naval station, Headquarters Marine Corps, Department of the Pacific, San Fran Culebra, Porto Rico (inoperative). cisco, Calif.: (See Art. 1480 (3), Navy Regulations.) Radio stations: St. Thomas, Virgin Islands; St. Croix, Virgin Radio stations: Eureka, Calif. ; San Francisco, Calif. ; South city, Islands; Cayey, Porto Rico; San Juan, Porto Rico ; St. John, Virgin San Francisco, Calif. ; Mare Island, Calif. Islands. Compass stations : Farallon Islands, Calif. ; Point Montara, Calif. ; United States Naval Station, Guantanamo Bay, Cuba: Marine bar Eureka, Calif.; Point Reyes, Calif.; Point St. George, Calif. racks, First Separate Battalion. Recruiting stations: Navy recruiting inspector, San F:l·ancisco, Calif. Radio stations: Control, Guantanamo Bay, Cuba; transmitter, Guan Naval main recruiting stations : Salt Lake City, Utah; San Francisco, tanamo Bay,· Cuba. · · 1929 ·coNGR.ESSIONAL RECORD--- HOUSE • 3803 NAvAr; FoRcEs IN -HAITI • • I a matter of fact, though it i s trite to mention it, all of the Haiti, high commls toner to Haiti; First Brigade, United States Ma- approache to the Panama Canal are under the control and in rine Corps, headquarters, Port au Prince, Haiti; Radio station, Port au the posse. sion of Great Britain. I have no doubt that our Prince; Marine Observation Squadron 9, Port au Prince, Haiti; United navy yards could be made to serve a very useful purpose in States Navy disbursing office, Port au Prince, Haiti; gendarmerie peace times in addition t o discharging an absolutely necessary d'Haiti; pigeon station. function during a war period. A navy yard should be so situ- STA'l'IO~s 1.:-1 ASIA ated that it can take care of vessels damaged an PERMISSION TO ADDRESS THE HOUSE Mr. CAMPBELL, from the Committee on Enrolled Bills, re ported that that committee had examined and found truly en Mr. BERGER. Mr. Speaker, I ask unanimous consent to ad rolled bills of the House of the following titles, which were dress the House next Thursday, after the load-line bill has been thereupon signed by the Speaker : disposed of, for 45 minutes. H. R. 8736. An act to· provide for the inspection of the battle The SPEAKER. The gentleman from Wisconsin asks unani field of Brices Cross Roads, Miss., and the battle field of .Tupelo, mous consent that after the bill which has just been before the or Harrisburg, Miss. ; - House is disposed of on Thursday he be permitted to address H. R. 9737. An act for the relief of Herman C. Davis; the House for 45 minutes. Is there objection? H. R. 9961. An act'to equalize the rank of officers in po itions Mr. SCHAFER. Mr. Speaker, reserving the right to object, of great responsibility in the Army and Navy; was not Thursday set aside for the consideration of the Consent H. R. 13199. An act authorizing the payment to the State of Calendar? Oklahoma the sum of $4,955.36 in settlement for rent for United The SPEAKER. It was. States Veterans' Hospital No. 90 af Muskogee, Okla.; Mr. SCHAFER. Can not the gentleman make his request for H. R. 15851. An act to extend the times for commencing and another day? completing the construction of a bridge across the Allegheny Mr. BERGER. No; I can not, because my wife is ill. River at Kittanning, in the county of Armstrong, in the State Mr. SCHAFER. I shall not object. of Pell.ll8ylvania; and The SPEAKER. Is there objection? H. R. 16279: An act to extend the times for commencing and There was no objection. completing the construction of a bridge across the Ohio River at Mr. DENISON. Mr. Speaker, I ask unanimous consent that Augusta, Ky. on Friday next, after the reading of the Journal, the disposition The SPEAKER announced his signature to enrolled bills of of business on the Speaker's table, and following the address of the Senate of the following titles: the gentleman from Pennsylvania [Mr. BECK], I be permitted to S. 1500. An act for the relief of James J. Welsh, Edward C. F. address the House for 45 minutes on the policy of the Interstate Webb, Francis A. Meyer, Mary S. Bennett, William McMullin, and Foreign Commerce Committee as embodied in bridge legis jr., Margaret McMullin, R. B. Carpenter, McCoy Yearsley, Ed lation. ward Yearsley, George H. Bennett, jr., Stewart L. Beck, William The SPEAKER. The gentleman from Illinois asks unani P. McConnell, Elizabeth J". Morrow, William B. Jester, Josephine mous consent that on Friday next, after the reading of the A. Haggan, James H. S. Gam, Herbert Nicoll, Shallcross Bros., Journal, the disposition of business on the Speaker's table, and E. C. Buckson, Wilbert Rawley, R. Rickards, jr., Dredging Co.: following the address of the gentleman from Pennsylvania [Mr. S.1618. An act for the relief of Margaret W. Pearson and BEcK], he be pe1·mitted to ·address the House for 45"minutes on John R. Pearson ; 1929 CONGRESSIONAL RECORD-HOUSE 3805 S. 2439. An act for the relief of Arthur Waldenmey'er; That Ule Senate recede from its amendments nnmbel'ed 1, 5, 7, S. 5066. An act extending the times for commencing and com .13, 14, 15, 17, 33, and 50. pleting the ronstruction of a bridge -across the St. Francis That the House recede from its disagreement to the amend River at or near St. Francis, Ark.; ments of the Senate numbered 2, 3, 4, 6, 8, 9, 10, 11, 12, 16, 18, 19, · S. 5452. An act to amend the trading with the enemy act so 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 38, 39, 40, 41, 42, as to extend the time within which claims may be filed with 43, 45, 46, 47, 48, 51, 52, 53, 54, 55, 57, and 58, and agree to tQ.e the Alien Property Custodian ; and same. S. 5550. An act to authorize the purchase by the Secretary of Amendment numbered 32: That the House recede from its dis Commet·ce of a site and the construction and ·equipment of a agreement to the amendment of the Senate numbered 32, and building thereon for use as a constant frequency monitoring agree to the same with an amendment as follows : In lieu of the radio station, and for other purposes·. sum proposed insert " $1,658,500 " ; and the Senate agree to the BILLS PRESENTED TO THE PRESIDENT same. Mr. CAMPBELL, from the Committee on Enrolled Bills, re Amendment numbered 35: That the House recede from its ported that that committee did on \his day present to the Presi disagreement to the amendment of the Senate numbered 35, dent for his approval bills of the Rouse of the following titles: and agree to the same with an amendment as follows: Restore H. R. 8736. An act to provide for the ·inspection of the battle the matter stricken out by said amendment, amended to read as field of Brices Cross Roads, Miss., and the battle field of Tupelo, follows: "Pr0'17ided., That effective July 1, 1933, that portion of or Hanisburg, Miss. ; section 3 of the act of the Legislative Assembly of the District H. R.11064. An act for the relief of F. Stanley Millichamp; of Columbia, approved June 23, 1873, entitled 'An act to estab H. R.l1469. An act to authorize appropriations for construc lish a normal school for the city of Washington' (section 42, tion at the United States Military Academy, West Point, N. Y.; chapter 57, of the Compiled Statutes in force in the District of H. R. 11510. An act for the relief of Montana State College; Columbia), which provides that the graduates of the normal schools in the District of Columbia shall have preference in all · H. R. 12449. An act to define the terms " child " and " chil dren" as used in the acts of May 18, 1920, and June 10, 1922; cases when appointments' of teachers for the public schools are H. R. 12809. An act to permit the United States to be made a to be made, is hereby repealed"; and the Senate agree to the party defendant in a certain case ; same. Amendment numbered 37: That the House recede from its R. 12538. An H. act for the benefit of Morris Fox Cherry; disagreement to the amendment of the Senate numbered 37, and H. R. 13882. An act to extend the benefits of the Hatch Act and the Smith-Lever Act to the Territory of Alaska ; and a.gree to the same with an amendment as follows : In lieu of the sum proposed, insert " $5,982,600" ; and the Senate agree to R. R. 15732. An act making an additional grant of lands for a miners' hospital for disabled miners of the State of Utah, and the same. . for other purposes. · Amendment numbered 44: That the House recede from its disagreement to the amendment of the Senate numbered 44, and .APPROPRIATIO B FOR THE WAR DEPARTMENT agree to the same with an amendment as follows: Restore the Mr. BARBOUR. 1\fr. Speaker, I ask unanimous consent that matter stricken out by said amendment, amended to read as I may have until 12 o'clock to-night to present a conference follows : "Provided, That upon completion of such building, the report, for printing under the rule, on the War Department building now occupied by the Business High School shall be appropriation bill. used as an elementary school" ; an{l the Senate agree to the Mr. GARRETT of Tennessee. Mr. Speaker, reserving the same. right to object, may I ask the gentleman if this is i.Ii accordance Amendment numbered 49: That the House recede from its with an understanding with the minority membe1·s of the disagreement to the amendment of the Senate numbered 49, and committee? agree to the same with an amendment as follows: Restore the · Mr. BARBOUR. Yes; I will say to the gentleman from matter stricken out by said amendment, amended to read as Tennessee that I have conferred with the ranking minority follows : " : ProvideiL, That hereafter no more than $50 per inember on the subcommittee and this is agreeable to him. annum shall be paid as extTa compensation to members mounted Mr. GARRETT of Tennessee. 1\Iay I ask the gentleman, 1\Ir. on bicycles, and no more than $312 per annum to members who Speaker, if it is his- purpose to call up that report on Thursday may be called upon to use motor vehicles, furnished and main 'or on to-morrow? tained by themselves "; and the Senate agree to the same. 1\Ir. BARBOUR. Not to-morrow. 'Ve hope to get it up just Amendment numbered 56: That the House recede from its as soon as we can-Thursday, if possible. disagreement to the amendment of the Senate numbered 56, and Mr. BANKHEAD. Is it a full agreement? agree to the same with an amendment as follows: In lieu of the 1\Ir. BARBOUR. Yes; a full agreement. matter inserted by said amendment insert the following: " For The SPEAKER. Is there objection to the request of the the study and preparation of plans for a sanatorium for the gentleman from California? care, treatment, and education of tubercular children. $1,500, There was no objection. and the Commissioners of the District of Columbia shall submit such plans with recommendations to the first session of the SISKIYOU NATIONAL FOREST Seventy-first Congress"; and the Senate agree to the sa.me. 1\Ir. COLTON. 1\Ir. Speaker, I ask unanimous consent to The committee of conference have not ag1·eed on amendment take from the Speaker's table the bill (S. 3162) to authorize the numbered 36. improvement of the Oregon Caves in the Siskiyou National ROBT. G. SIMMONS, Forest, Oreg., with House amendments, insist on the House WM. P. HoLADAY, amendments and agree to the conference asked by the Senate. AN'I:'HONY J. GRIFFIN, The SPEAKER. The gentleman from Utah asks unanimous Man{lgers on the part of the H01.tse. consent to take from the Speaker's table the bill ( S. 3162) HIRAM BINGHAM, with House amen'dments, insist on the House amen..dments, and L. C. PHIPPS, agree to the conference asked by the Senate. Is there objection? CARTER GL.ASS, [After a pause.] The Chair hears none and appoints the fol JOHN B. KENDRICK, lowing conferees: Messrs. CoLTON, SMITH, and HILL of Wash Managers on the part of the Senate. ington. APPROPRIATIONS FOR THE DISTRICT OF COLUMIIIA STAT.I!IMENT The managers on the part of the House at the conference on 1\Ir. SIMMONS. 1\fr. Speaker, I present a conference report, the disagreeing votes of the two Houses on the amendments of for printing under the rule, on the District of Columbia appro the Senate to the bill (H. R. 16422) making appropriations for priation bill. the government of the Disb.ict of Columbia and other activities The conference report and statement are as follows: chargeable in whole or in part against the revenues of such Dis trict for the fiscal year ending June 30, 1930, and for other pur CONFER.ENCE REPOR't poses, submit the following statement in explanation of the effect , The committee of conference on the disagreeing votes of the of the action agreed upon by the conference committee and two Houses on the amendments of the Senate to the bill (H. R. embodied in the accompanying conference report as to each of 164.2'2) making appropriations for the government of the District such amendments, namely : of Columbia and other activities chargeable in whole or in part On amendment No. 1 : Appropriates $9,000,000, as provided by against the revenues of such District for the fiscal year ending the House, instead of $10,000,000, as provided by the Senate, out June 30, 1930, and for other purposes, having met, after full and of the Federal Treasury as the Federal Government's contribu free conference"bave agreed to recommend and do recommend to tion to the expenses of maintaining the District of Columbia their respective Houses as follows: government. - 3806 CONGRESSIONAL RECORD-HOUSE FEBRUARY 19 On amendment No. 2: Strikes out a provision, as provided by On amendment No. -83: Strikes out the provision, as proposed the House, propo ing that hereafter the superintendent of by the Senate, providing that so mueh of the co t of the work licenses of the District of Columbia shall not issue a regish·a for the reconstruction of the :floor system and handrail of the tion certificate or identification tags for any motor vehicle upon Anacostia River Bridge as relates to the paving between and which any personal taxes are due and unpaid to the said 2 feet exterior to the outer rails of the street-car tracks, and to District. the reconstruction of the street-railway track system, shall be ·on amendments Nos. 3, 4, 5, and 6: Makes several language paid by the street-railway company using the bridge. corrections, as proposed by the Senate, under the office of the On amendment No. 34: Appropriates $612,000, as proposed by highways department. the Senate, instead of $600,000, as proposed by the Hou e, for On amendment No.7: Appropriates $63,700, as provided by the suburban sewers. House, instead of $59,900, as provided by the Senate, permitting On amendment No. 35: Strikes out language, as provided by the employment of a superintendent of the District repair shop, the House, making applicable only 25 per cent of the graduates under the office of the municipal-architect. of the normal schools to the preferential provision of section 3 On amendment No.8: Permit 2* per cent, as proposed by the of the act of . the -LegislativE» Assembly of the District of Co Senate, instead of 2lh per cent, as proposed by the House, of all lumbia, approved June 23, 1873, beginning July 1, 1931, and apportionments of appropriations in excess of $2,000,000 for the inserts language in· lieu thereof ·repealing entirely the pro- use of the municipal architect in payment for the services of vision referred to on and after July 1, 1933. · · draftsmen, assistant -engineers, clerks, copyists, and inspectors On amendment No. 37: Appropriates $5,983,400 for the sal- employed on construction work. aries of teachers in the District of Columbia, instead or' On amendments Nos. 10 and 11: Appropriates $95,400, as pro $5,982,600, as provided by the House, and $6,000,000, as provided vided by the Senate, in tead of $95,135, as provided by the by the Senate. · House, which permit the purchase of a truck instead of a pas On amendment No.· 38: Appropriates $12,000, as provided by senger car, already provided. the Senate, for transportation for pupils attending schools for On amendment No. 12: Appropriates $25,000, as provided by crippled pupils. tile Senate, instead of $22,000, as provided by the House, for postage for strictly official mail matter. On amendment No. 39: Corrects a date. On amendment No. 13: Appropriates $3,900, as provided by On amendment No. 40: Corrects language. the House and stricken out by the Senate, for the paving of On amendment No. 41: Includes, as proposed by the Senate, the Upton Street NW., Thirty-eighth Street to Wisconsin Avenue. words" and ~anatorium," in the language appropriating $150,000 On amendment No. 14: Appropriates $9,900, as provided by for the erection of a new health school for colored pupils. the House and stricken out by the Senate, for the paving of On amendment No. 42: Includes language, as proposed by the Forty-second Street NW., Jenifer Street to Military Road. Senate, in the appropriation for the construction of a new On amendment No. 15: Strikes out an appropriation of $21,000, ~:!Chool building for the Busines High School, extending the as proposed by the Senate, for the paving of Western Avenue amount appropriated for the nece sary remodeling and enlarge NW., Forty-first Street to Chevy Chase Circle. ment of the heating plant at the McFarland Junior High On amendment No. 16: Make a correction in language, as School to provide heat for the new Business High School. proposed by the Senate. On amendment No. 43: In erts the language, as proposed by On amendment No. 17: Appropriates $4,900, a proposed by the Senate: " exclusive of the treatment of grounds " under the the House and stricken out by the Senate, for the paving of contract authorization for the erection of the new Business Eighteenth Street NW., Allison Street to Webster Street. High School. . On amendment No. 18: Appropriates $10,800, as provided by On amendment No. 44: Inserts language as provided by the the Senate, for the paving of Tunlaw Road NW., Thirty-seventh House and stricken out by the Senate, proposing that upon the Street to Beecher Street. completion of the new Bu ine ·s High School, the building now On amendment No. 19: Appropriates $7,400, as provided by being used by the Busine s High School shall be used as an the Senate, for the paving of Benton Street NW., Tunlaw Road elementary school, but strikes out the words, proposed by the to Huiderkoper Place. · House but stricken out by the Senate : "for colored pupil ." On amendment No. 20: Appropriates $1,600, as provided by On amendment No. 45: Corrects language, as proposed by the the Senate, for the paving of Observatory Place NW., Benton Senate. Sh·eet northward to concrete. On amendment No. -46: Inserts language, as provided by the On amendment No. 21: Appropriates $6,200, as provided by Senate, providing a new platoon school building, and a colored the Senate, for the paving of Eighth Street NW., Tuckerman health school and sanatorium, in the appropriation for the pur Street to Underwood. chase of a site on which to locate a new junior high-school On amendment No. 22: Appropriates $5,400, as provided by building. . the Senate, for the paving of Tewkesberry Street NW., Seventh On amendment No. 47: Strikes out language, as proposed by Street to Eighth Street. the House, for the purchase of a site for a colored health school. On amendment No. 23: Appropriates $6,500, as provided by On amendment No. 48: Correct· a total. the Senate, for the paving of Neal Street NE., Bladensburg On amendment No. 49: Inserts language as proposed by the Road to Holbrook. House, but stricken out by the Senate, limiting the amount to On amendment No. 24: Appropriates $14,000, as provided by be paid to policemen for bicycle and automobile compensation, the Senate, for the paving of Newton Street NE., Rhode Island but strikes out language, as proposed by the House and stricken Avenue to Eastern Avenue. out by the Senate, reducing the amount to be allowed to police On amendment No. 25: Appropriates $12,800, as provided by men for extra compensation for horses. the Senate, for the paving of Myrtle Avenue NEJ., Central On amendment No. 50: Strikes out language as propo ed by Avenue to Walnut Street. - the Senate, limiting the appropriation for the payment 'of sal On amendment No. 26: Appropriates $8,800, as provided by aries for police, affecting the salary of a local police officer. the Senate, for the paving of Evarts Street NE., Twentieth On· amendment No. 51: Appropriates $78,600, as pl'oposed by Street to Twenty-second Street. the Senate, instead of $74,000, as· proposed by the House, fo1· On amendment. No. 27: Appropriates $2,900, as provided by personal services in· the conduct of hygiene and sanitation work the Senate, for the paving of Summit Place NE., T Street to of public schools. Todd Place. On amendment No. 52: Corrects language. On amendment No. 28: Appropriates $12,300, as provided by On amendments Nos. 53, 54: Provides, as proposed by the the Senate, for the paving of Douglass Street NE., Queens Senate, for se-ven stenographers, instead." of six as propo ed by Chapel Road to Twenty-fourth Street, instead of $7,300, · as the House, for the Supreme Court of the District of Col~mbia. provided by the House, for the paving of Douglass Street NE., Twenty-second Street to Twenty-fourth Street. On amendment No. 55: Appropriates $22,000, as proposed by On amendment No. 29: Appropriates $6,500, as provided by the Senate, instead of $18,000, as proposed by the House, for the Senate, for the paving of Twenty-third Street SE., Minne the Children's Hospital. sota Avenue to Q Sh·eet. On amendment No. 56: Strikes out language proposed by the On amendment No. 30: Corrects a street-paving designation Senate appropriating $150,000 for the erection and equipment as proposed by the Senate. · of a tubercular hospital for children, but makes available, as On amendment No. 31: Appl'Opriates $80,000, as proposed by proposed by the Senate $1,500 for the preparation of plans for the Senate, instead of $75,000, as provided by the House, for such purpose. grading streets, alleys, roads, etc. On amendment No. 57: Corrects a subtotal. On amendment No. 32: Corrects the figures covering the total On amendment No. 58: Corrects language. amount to be disbursed and accounted for as "Gasoline tax, The committee on conference have not agreed on the follow road and street improvements." ing: 1929 CON({RESSIONAL RECORD-- HOUSE 3807 On amendment No. 36: Inserfuig language, as provided by "sippi River at or near Hickman, Ky~; with amendment (Rept the Senate, converting the two norinal schools in the District of No. 2599). Referred to the House Calendar. Columbia into a teachers' college, and at the end of the fourth Mr. BURTNESS : Committee oll Interstate and F'oreign Com year thereof to award appropriate degrees. merce. H. R. 17075. A bill to extend the times for commenc RoBT. G. SIMMONS, ing and completing the construction of a bridge across the Red WM. P. HOLADAY, River of the North at or near Fargo, N. Dak.; with amendment ANTHONY J. GRIFFIN, (Rept No. 2600). Refen-ed to the House Calendar. Ma11agers on the part ot the House. Mr. ROBINSON of Iowa: Committee on Interstate and For eign Commerce. H. R. 17127. A bill to extend the tbes for ADJOURNMENT commencing and completing the construction of a bridge across the Des Moines River at or near Croton, Iowa ; without amend Mr. TILSON. Mr. Speaker, I move that the House do now ment (Rept. No. 2601). Referred to the House Calendar. adjourn. Mr. COOPER of Ohio: Committee on Inter,Jate and Foreign The motion was agreed to; accordingly (at 5 o'clock and 25 Commerce. H. R. 17140. A bill to extend the times for com minutes p. m.) House adjourned until to-morrow, Wednetlday, mencing and completing the construction of a bridge across the February 20, 1929, at 12 o'clock nooo. M~honing River at or near Wanen, Trumbull County, Ohio; Without amendment (Rept. No. 2602). Referred to the House COl\BHTTEE HEARINGS Calendar. 1\fr. TILSON submitted the following tentative list of com Mr. COOPER of Ohio : Committee on Interstate and Foreign mittee hearings scheduled for Thursday, February 20, 1929, as Commerce. H. R. 17141. A bill to extend the times for com reported to the floor leader by clerks of the several committees : mencing and completing the construction of an overhead via duct aero s the Mahoning River at or near Niles, Trumbull COMMITI'EE ON WAYS AND MEANS County, Ohio; without amendment (Rept. No. 2603). Referred (10 a.m. and 2 p. m.) to the House Calendar. Tariff hearings as follows : l\Ir. LEA: Committee on Interstate and Foreign Commerce. Free list, February 20, 21, 22. H. R. 16838. A bill granting the consent of Congress to Administrative and miscellaneous, February 25. Llewellyn Evans, J. F. Hickey, and B. A. Lewis, their survivors and assigns, to construct, maintain, and Qperate a bridge and EXECUTIVE COMMUNICATIONS, ETC. approaches thereto .across Puget Sotmd, within the county of 863. Under clause 2 of Rule XXIV, a letter from the Comp Pierce, State of Washington, at or near a point commonly troller General of the United State·, transmitting report and known as the Narrows; with amendment (Rept. No. 2604). Re recommendation to the Congress concerning the claim of the Gulf ferred to the House Calendar. Refining Co. against the United States, was taken from the Mr. HUDDLESTON: Committee on Interstate and Foreign Speaker's table and referred to the Committee on Claims. Commerce. H. R. 16982. A bill authorizing J. E. Robinson, his heir , legal representatives, and assigns~ to construct, maintain, and operate a bridge l;l-Cross the Tombigbee River at or near REPORTS OF COMMITTEES ON PUBLIC BILLS AND Coffeeville, Ala.; with amendment (Rept. No. 2605). Referred RESOLUTIONS to the House Calendar. Under clause 2 of Rule XIII, Mr. LETTS: Committee on the Public Lands. H. R. 17062. Mr. RAYBURN: Committee on Inter tate and Foreign Com A bill to provide for the con_veyal).ce of Deer and Virgin Islands merce. H. R. 16612. A bill granting the consent of Congress in "'Wheeler Lake, Oconto County, Wis., to the county of Oconto, for the construction of a dam or dams in Neches River, Tex.; State of Wisconsin, for public-park purposes; with amendm,~nt with amendment (Rept. No. 2591). Referred to the House (R~pt. No. 2606). Referred to the Committee of the Whole Calendar. House on the state of the Union. Mr. RAYBURN: Committee on Interstate and Foreign Com Mr. COLTON: Committee on the Public Lands. S. 4385. An merce. H. R. 16726. A bill authorizing the Secretary of the act to establish the Teton National Park in the State of South Treasury to grant a. right of way for a levee through the Ca.r Dakota, and for other purposes; with amendment (Rept. :No. yille Marine Hospital Reservation, La. ; without amendment 2607). Referred to the Committee of the Whole House on the (Rept. No. 2592). Referred to the House Calendar. state of the Union. Mr. WYANT: Committee on Interstate and Foreign Com :Mr. KELLY: Committee on the Post Office and Post Roads. merce. H. R. 16988. A bill to legalize the sewer outlet in the S. 5255. A bill for the relief of present and former postmasters Allegheny River at Thirty-second Street, Pittsburgh, Pa.; with and acting postmasters, and for other purposes; with amend out amendment (Rept. No. 2593). Refen·ed to the House ment (Rept No. 2615). Referred to the Committee of the Whole Calendar. House on the state of the Union. l\lr. PEERY: Committee on Interstate and Foreign Com Mr. W ATRES : Committee on the Post Office and Post Roads. merce. S. 4778. An act a.utholizing the Moundsville Bridge Co. S. 4981. An act to include in the credit for time served allowed to construct a blidge across the Ohio River at or near the city substitute clerks in first and second class post offices and letter of Moundsville, W. Va.; with amendment (Rept. No. 2594). carriers in the City Delivery Service time served as special Referred to the House Calendar. delivery measengers; without amendment (Rept. No. 2616). Re Mr. LEA: Committee on Interstate and Foreign Commerce. ferred to the Committee of the Whole House on the state of the H. R. 15850. A bill authorizing the Bainbridge Island Chamber Union. of Commerce, a corporation, its successors and assigns to con Mr. WHITE of Colorado: Committee on the Public Lands. struct, maintain, and operate a bridge across Agate Pass con H. R. 17101. A bill to accept the cession by the State of Colo necting Bainbridge Island with the mainland in Kitsap County rado of exclusive jurisdiction over the lands embraced within ,State of Washington; with amendment (Rept. No. 2595). Re: tlle Rocky Mountain National Park, and for other purposes ; ferred to the House Calendar. with amendment (Rept. No. 2617). Referred to the Committee , Mr. HUDDLESTON: Committee on Interstate and Foreign of the Whole House on the state of the Union. Commerce. H. n. 16954. A bill granting the consent of Con Mr. LEA : Committee on Interstate and Foreign Commerce. gress to the Camp Manufacturing Co. to construct, maintain, S. J. Res. 201. A joint resolution restricting the Federal Power and operate a railroad bridge across the Chowan River, in Gates Commission from issuing or approving any permits or licenses and Hertford Counties, N.C.; with amendment (Rept. No. 2596). affecting the Colorado River or any of its tributaries, except the Refen·ed to the House Calendar. Gila River; with amendment (Rept. No. 2621). Referred to the Mr. HUDDLESTON: Committee on Interstate and Foreign House Calendar. Commerce. H. R. 16955. A bill granting the consent of Con gress to the Camp Manufacturing Co. to construct, maintain, and REPORTS OF COMMITTEES ON PRIVATE BILLS A...~D operate a railroad bridge across the Meherrin-River, in Hertford RESOLUTIONS County, N. C.; with amendment (Rept. No. 2597). Referred to Under clause 2 of Rule XIII, 'the House Calendar. l\Ir. HILL of Washington: Committee on the Public Lands. Mr. DENISON: Committee on Interstate and Foreign Com H. R. 14089. A bill for the relief of Dale S. Rice; without merce. H. R. 16959. A bill to extend the times for commencing amendment (Rept. No. 2608). Referred to the Commit"tee of and completing the construction of a bridge across the Mississippi the Whole House. River at or near Tiptonville, Tenn.; without amendment (Rept. Mr. McSWAIN: Committee on Military Affairs. H. R. 14~37. K o. 2598). Referred to the House Calendar. A bill for the relief of Patrick P. Riley; with amendment (Rept. l\fr. DENISON: Committee on Interstate and Foreign Com No. 2609). Referred to the Committee of the Whole House. merce. H. R. 17007. A bill to extend the times for commencing 1\fr. KNUTSON : Committee on Pensions. S. 61. An act and completing the construction of a bridge across the Missis- granting an increase amendment (Rept. No.- 2610). ~eferred to the Committee of By Mr. ZIHLMAN: Resolution (H. Res. 330) for the consid the Whole House. eration of H. J. Res. 406, to authorize a merger of street-rail Mr. 'VARE : Committee on Claims. S. 1678. An act for way corporations operating in the District of Columbia, and the relief of the estate of George B. Spearin, de~eased ; without for other purposes ; to the Committee on Rules. amendment (Rept. No. 2611). Referred tQ the Committee of By Mr. PORTER: Resolution (H. Res. 331) to provide for the Whole House. the printing of the report of the Foreign Service Building Com Mr. KNUTSON: Committee on Pensions. S. 4276. An act mission transmitted to Congress January 28, 1929, as a House granting a pension to Edith Bolling Wilson ; without amend document; to the Committee on Printing. ment (Rept. No. 2612). Referred to the Committee of the By Mr. GAMBRILL: Resolution (H. Res. 332) that the Post Whole House. master General furnish the Rouse of Rep~esentatives a state Mr. QUIN: Committee on Military Affairs. S. 5270. AD ment of facts with respect to routes Nos. 13210 and 1321.1 in the act to authorize the Secretary of War to donate a bronze State of Maryland; to the Committee on the Post Office and cannon to the city of Phoenix, Ariz. ; with amendment (Rept. Post Roads. No. 2613). Referred to the Committee of the Whole House. By Mr. FISH: Joint resolution (H. J. Res. 426) to establish Mr. McSWAIN : Committee on Military Affairs. H. R. 15590. a commission to be known as a commission on a national mu A bill for the rellef of Henry I. Power; without amendment seum of engineering and industry ; to the Committee on the (Rept. No. 2614). Referred to the Committee of the Whole Library. House. MEl\fORI.ALS CHANGE OF REFERENCE Under clause 3 of Rule XXII, memorials were presented and Under clause 2 of Rule XXII, committees were discharged referred as follows : from the consideration of the following bills, which were re Memorial of the State Legislature of Minnesota memorial ferred as follows : izing Congress to amend ection 521'9, Revised Statutes of A bill (H. R. 15564) grantin'g an increase of pension to the United States, so as to permit the taxation of shares Octavia Evans; Committee on Pensions discharged, and re of national banks upon a fair and equitable basis ; to the Com ferred to the Committee on Invalid Pensions. mittee on Ways and Means. A bill (H. R. 16856) extending benefits of the World War By Mr. KVALE: Memoria,! of the State Legislature of adjusted compensation act, as amended, to John J. Helms; Minnesota memorializing Congress to amend section 5219, Re Committee on World War Veterans' Legislation discharged, vised Statutes of the United States, so as to permit the and referred to the Committee on Military Affairs. taxation of shares of national banks upon a fair and equitable basis ; to the Committee on Ways and Means. PUBLIC BILLS AND RESOLUTIONS By Mr. THOMPSON: Memorial of the State Senate of the State of Ohio, memorializing the Congress of the United States Under clause 3 of Rule XXII, public bills and resolutions to distribute radio broadcasting facilities equitably in accordance were introduced and s6vera.lly referred as follows: with the population of the States; to the Committee on the By Mr. LANKFORD: A bill (H. R. 17178) providing for the Merchant Marine and Fisheries. necessary surveys, studies, investigation, and engineering of a drainage and reclamation project to be located in south Georgia and north Florida, and for other purposes ; to the Committee on PRIVATE BILLS AND RESOLUTIONS , Irrigation and Reclamation. Under clause 1 of Rule XXII, private bills and I'esolutions By Mr. MAJOR of Missouri: A bill ·(H. R. 17179) to extend were introduced and severally referred as follows : the times for commencing and completing the construction of By Mr. CRAIL: A bill (H. R. 17190) granting a pension to a bridge across the Missouri River at or near Miami, Mo. ; to Dallas R. McClintock ; to the Committee on Pensions. the Committee on Interstate and Foreign Commerce. By Mr. EATON: A bill (H. R. 17191) granting an increase of Also, a bill (H. R. 17180) to extend the times for commencing pension to Catherine Campbell; to the Committee on Invalid and completing the construction of a bridge across the Missouri Pensions. River at or near Arrow Rock, Mo.; to the Committee on Inter By Mr. W. T. FITZGERALD: A bill (H. R. 17192) granting a state and Foreign Commerce. pension to Zolla M. Wolfe; to the Committee on Pensions. By Mr. W. T. FITZGERALD: A bill (H. R. 17181) to pro Also, a bill (H. R. 17193) granting a pension to Nellie York; vide for the payment of compensation to World War widows in to the Committee on Invalid Pensions. certain cases; to the Committee on World War Veterans' Also, a bill (H. R. 17194) granting a pension to Mary C. E. Legislation. Haworth; to the Committee on Invalid Pensions. By Mr. LEAVITT: A bill (H. R. 17182) granting certain By Mr. GOLDSBOROUGH: A bill (H. R. 17195) for the re public lands to the State of Montana for the use and benefit of lief of Harvey Collins; to the Committee on Naval Affairs. the State educational institutions and common schools of the By Mr. JENKINS of Ohio: A bill (H. R. 17196) granting a State of Montana, and for other purposes; to the Committee on pension to Nettie A. Lanier; to the Committee on Pension . the Public Lands. Also, a bill (H. R. 17197) granting a pension to Catherine By Mr. NEWTON: A bill (H. R. 17183) to continue in effect Hutchison; to the Committee on Invalid Pensions. for five years the act entitled "An act for the promotion of the By Mr. JOHNSON of Washington: A bill (H. R. 17198) welfare and hygiene of maternity and infancy, and for other granting an increase of pension to William B. Fuller; to the purposes, approved November 23, 1921 " ; to the Committee on Committee on Pensions. Inter tate and Foreign Commerce. By Mr. MURPHY: A bill (H. R. 17199) granting an increase By Mr. FREAR: A bill (H. R. 17184) to extend the times of pension to Margaret J. Van Dyke; to the Committee on for commencing and completing the construction of a bridge Invalid Pensions. acros · the Mississippi River at "'t:lr near Alma, Buffalo County, By Mr. STALKER: A bill (H. R. 17200) granting an increase Wis. ; to the Committee on Interstate and Foreign Commerce. of pension to Julia A. Furman; to the Committee on Invalid By 1\fr. DENISON: A bill (H. R. 17185) to extend the times Pensions. for commencing and completing the construction of a bridge Also, a bill (H. R. 17201) granting an increase of pension to across the Ohio River, at or near Cairo, Ill.; to the Committee Sarah Patterson ; to the Committee on Invalid Pensions. on Interstate and Foreign Commerce. Also, a bill (H. R. 17202) granting an increase of pension to By Mr. McMILLAN: A bill (H. R. 17186) authorizing the Sara J. Sprague; to the Committee on Invalid Pension . Secretary of the Treasury to reconvey to the State of South By 1\fr. SWING: A bill (H. R. 17203) for the relief of John Carolina certain lands in said State ; to the Committee on Public W. Green; to the Committee on Military Affairs. Buildings and Grounds. By Mr. CONNERY: A bill (H. R. 17187) to amend the World PETITIONS, ETC. War veterans' act, 1924; to the Committee on World War Under clause 1 of Rule XXII, petitions and papers were laid Veterans' LegisliJ-tion. on the Clerk's desk and referred as follows : By 1\Ir. GAMBRILL: A bill (H. R. 17188) adjusting the sal 11298. By Mr. BOYLAN: Petition of New York Retail Shoe aries of the Naval Academy Band; to the Committee on Naval Dealers, protesting against any change in present tariff on Affairs. hides and leather used in manufacture of shoe ; to the Com By l\Ir. HUDDLESTON: A bill (H. R. 17189) to protect the mittee on Ways and Mean~. right of recovery for damage in connection with the operation 11299. By Mr. CRAIL : Petition of the Ellsworth Co., Los for hire of passenger motor vehicles in interstate and foreign Angeles, Calif., opposing an increase in the duty on linseed oil commerce; to the Committee on ·Interstate and Foreign Com~ and favor a duty on linseed oil meal; to the Committee on Ways · merce. and Means. CONGRESSIONAL RECORD-SENATE 3809. 12300. Also, petition of Cosmo Morgan Co., of Los Angeles, week for post-office clerks; to the Committee on the Post Office Calif., favoring a tariff on imported canned oysters and canned and Post Roads. clams; to the Committee on Ways and Means. 12319. By Mr. O'CONNELL: Petition of John Dowd, presi 12301. By Mr. CULLEN : Petition of the Senate of the State dent Maritime Exchange, New York City, favoring certain of New York, requesting that the Bon. Harry S. New, Post amendments to Senate bill 1781 ; to the Committee on the master General of the United States, be, and he is hereby, re Merchant Marine and Fisheries. quested to cause to be issued 100,000,000 postage stamps, of the 12320. Also, petition of John J. Noonan, of Washington, D. C., denomination of 2 cents each, commemorative of the Sullivan favoring the reduction of street-car fare for school children campaign of 1779 in New York and Pennsylvania; to the Com in the District of Columbia; to the Committee on the District mittee on the Post Office and Post Roads. of Columbia. 12302. By l\lr. EATON: Petition of 24 retail shoe dealers and 12321. Also, petition of the Dinron Steamship Corporation, customers of Trenton, N. J., protesting against any change in New York City, opposing the passage of Senate bill 1781, load the tariff on hides and leather used in the manufacture of line regulation; to the Committee on the Merchant Marine and shoes; to the Committee on Ways and Means. Fisheries. 12303. By Mr. EVANS of Montana: Resolution of the State 12322. Also, petition of the Western Pine Manufactures As Legislature of Montana, being a protest against the enactment sociation, Portland, Oreg., with reference to the tariff on lum of a bill now in Congress, the purpose of which is to provide ber; to the Committee on Ways and 1\Ieans. for the taking of property located in Glacier Park by the 12323. By Mr. SELVIG : Petition of 45 residents of the ninth United States Government; to the Committee on the Public district of Minnesota, urging the passage of House bill 10958; Lands. · to the Committee on Agriculture. . 12304. . Also, petition of the Legislature of the State of Mon 12324. By Mr. SWING: Petition of residents of San Diego, tana, memorializing Congress for the passage of necessary Calif., protesting against compulsory Sunday observance; to legislation providing for an increase of the tariff on manganese the Committee on the District of Columbia. and related ores; to the Committee on Ways and Means. 12325. By Mr. VINCENT of Iowa: Petition from George W. 12305. By Mr. JENKINS: Petition protesting against any Gerlach, presenting claim against the Federal Gove1·nment; to change in the present tariff on hides and leather used in the the Committee on Claims. manufacture of shoes, signed by 22 retail shoe dealers in Nel 12326. Also, pefiition from C. H. Larison et al., Mondamin, .. sonville, Ohio, and Zanesville, Ohio; to the Committee on Ways Iowa, with reference to retention of KWKH in her present and Means. allocation and channel; to the Committee on Interstate and 12306. Also, petition protesting against any change in the pres Foreign Commerce. ent tariff on hides and leather used in the manufacture of shoes, 12327. Also, petition from the First Baptist Church of Okla signed by 18 retail shoe dealers in Wellston and Wilkesville, homa City, Okla., to remedy certain discriminations that are Ohio; to the Committee on Ways and Means. being practiced again t Christian churches of the Nation by 12307. By Mr. JOHNSON of Washington: Resolution of the various radio-broadcasting companies; to the Committee on city council of the city of Tacoma, Wash., urging designation Interstate and Foreign Commerce. of Fort Lewis as the location for an airship base on the Pa 12328. By Mr. WELCH of California: Petition of United cific coast; to the Committee on Naval Affairs. Spanish War Veterans, Department of California, requesting 12308. By Mr. JOHNSON of Texas: Petition of Judge A. R. the enactment of House bill 14676; to the Committee on Pen Stout, of Waxahachie, Tex., indorsing Senate bill 860 and House sions. bill 10422 ; to the Committee on the Post Office and Post Roads. 12329. Also, petition of California Bean Dealers' Association, 12309. Also, petition of Texas Cotton Seed Breeders' Associa requesting an increase in the tariff on beans to 5 cents per tion, favoring a tariff on cotton; to the Committee on Ways and pound; to the Committee on Ways and Means. Means. 12330. By Mr. WYANT: Petition of the Ladies' Patriotic 12310. Also, petition of E. D. McCarver, president of the Association, of Avonmore, Pa., with a membership of 150, pro· Corsicana Steam Laundry Co., of Corsicana, Tex., protesting testing against any bill or amendment which would tend to against a tariff on oils used in the manufacture of soap; to weaken our present immigration laws; to the Committee on the Committee on Ways and Means. Irrigation and Reclamation. 12311. By Mr. KVALE : Petition of 113 residents of the sev 12331. Also, petition of the Woman's Christian Temperance enth district of Minnesota, urging passage of House bill 10958; Union, of Avonmore, Pa., with a membership of 40, protesting to the Committee on Agriculture. against any bill or amendment which would weaken our pres 12312. Also, petition of Midland Lumber & Coal Co., Minne ent immigration laws; to the Committee on Irrigation and apolis, Minn., opposing any changes in tariff rates on Canadian Reclamation. lumber; to the Committee on Ways and Means. 12313. Also, petition of Hanley Falls Chapter, I. W. L. A., SENATE Hanley Falls, Minn., urging passage of the Shipstead-Newton bill ; to the Committee on the Public Lands. WEDNESDAY, February ~0, 1fm9 12314. Also, petition of the Women's Study Club, of Cotton wood, Minn., and the Euterpean Club, of Alexandria, Minn., (Legislative d,ay of Friday, February 15, 1929) urging passage of the Shipstead-Newton bill; to the Committee The Senate met at 12 o'clock meridian, on the expiration of on the Public Lands. the recess. 12315. By Mr. LAMPERT: Letter by Otto G. Egelhoff, di The VICE PRESIDENT. The Senate will receive a message rector of Wisconsin Shoe Dealers' Association, to which is from the House of Representatives. attached petition signed by laboring class of people, business men, mayor, city of Fond du Lac, Wis., bankers, and railroad MESSAGE FROM THE HOUSE men, as well as letters from the Fond du Lac Association of A message from the House of Representatives, by Mr. Haiti Commerce and Wisconsin Shoe Dealers' As ociation, of Apple gao, one of its clerks, announced that the House insisted upon its ton, Wis., requesting a duty on finished leather; to the Commit amendments to the bill (S. 3162) to authorize the impr.ovement tee on Ways and Means. of the Oregon Ca\'es in the Siskiyou National Forest, Oreg., dis 12316. By Mr. LANKFORD: Petition of the principal, faculty, agreed to by the Senate; agreed to the conference requested by and students of Clifton School, with 535 pre ent, Clifton, S. C., the Senate on the disagreeing --rotes of the two Houses thereon, and urging the enactment of legislation to protect the people of the that 1\Ir. CoLTON, Mr. S?oiTTH, and 1\Ir. HILL of Washington were Nation's Capital in their enjoyment of Sunday as a day of rest appointed managers on the part of the House at the conference. in seven, as provided in the Lankford bill (H. R. 78), or similar The message also announced that the House had passed the measures; to the Committee on the District of Columbia. following bill and joint resolution, in which it r€quested the 12317. By Mr. NEWTON: Joint resolution by the State Legis concurrence of the Senate: lature of Minnesota, memorializing Congress to amend section H. R.15430. An act continuing the powers and authority of 5219, Revised Statutes of the United States, with reference to the Federal Radio Commission under the radio act of 1927, and taxation of shares of national banks; to the Committee on Ways for other purposes ; and · and Means. H. J. Res. 42.5. Joint resolution providing an investigation of 12318. By Mr. MORROW: Petition of letter carriers and Francis A. Winslow, United States district judge for the south clerks of the Albuquerque (N. Mex:.) post office, Garnett Arm ern district of New York. strong, president of the clerks ; E. J. Kemper, president of the THE JOURNAL letter carriers, favoring same wage scale for regular post-office l\1r. CURTIS. Mr. President, I ask unanimous consent that clerks and carriers as prevails for the railway mail clerks; also the Journal for the calendar days of February 15, 16, 18, and 19 indorsement of Dale retirement bill (S. 1727}; also favoring a stand approved. half day holiday on Saturdays for letter carriers, and a 44-hour The VICE PRESIDENT. Without objection, it is so ordered.