1932 CONGRESSIONAL RECORD-HOUSE 3849 1870. Also, petition of the Alice Adams Bible Class, Fort legal examiner to the Committee on Pensions from March 4, ' 1931, Ky., to March 4, 1932, second session of Seventy-first Congress and first Thomas, protesting against modification, resubmission, session of Seventy-second Congress. or repeal of the eighteenth amendment; to the Committee on the Judiciary. Mr. WARREN. Mr. Speaker, this resolution and the one 1871. By MrL SUTPHIN Cby request): Petition of Catholic which I intend to offer immediately following are the regular Daughters of America of Ca1·teret, N. J.; protesting against resolutions passed in reference to the special examiners as­ the passage of Bouse bills 4739 and 4757; to the Committee signed to the Committees on Pensions and Invalid Pensions. on Education. I am instructed by the Committee on Accounts to inform 1872. By Mr. TABER: Petition of Jennie D. Draper and the House that it will not be the future policy of the com­ others, urging the support of the maintenance of the pro­ mittee to approve these two resolutions. hibition law and its enforcement; to the Committee on the Mr. STAFFORD. Will the gentleman yield? Judiciary. . Mr. WARREN. I yield. 1873. Also, petition of Gertrude L. Sanders and others, Mr. STAFFORD. I notice we are virtually g1vmg back urging the support of the maintenance of the prohibition pay to the gentleman, because the resolution provides for law and its enforcement; to the Committee on the Judiciary. payment from March 1, 1931, to March 1, 1932. What is.the 1874. Also, petition of Ladies' Aid and Universalist Church reason for the belated introduction of this back-pay resoiu­ of Auburn, N. Y., urging the support of the maintenance of tion, even though the amount is small? the prohibition law and its enforcement; to the Committee Mr. WARREN. It is for the past year. This resolution on the Judiciary. is for services rendered up until March 4 of this year. 1875. Also, petition of Lucy Ingersoll and others, urging Mr. STAFFORD. We will cease this practice after this the support of the maintenance of the prohibition law and resolution is adopted? its. enforcement; to the Committee on the Judiciary. Mr. WARREN. That is the unanimous opinion of the 1876. By Mr. TIMBERLAKE: Petition of the Church of committee. the Nazarene, Boulder, Colo., protesting against submission Mr. STAFFORD. And the gentleman believes this $600 is of the eighteenth amendment to a referendum vote in the a small amount for terminating this service? States; to the Committee on the Judiciary. Mr. WARREN.· That is correct. 1877. By Mr. WEEKS: Petition of Woman's Christian The resolution was agreed to. Temperance Union of Waterbury, Vt., protesting against AMY C. DUNNE modification, resubmission, or repeal of the eighteenth amendment; to the Committee on the Judiciary. Mr. WARREN. Mr. Speaker, I offer a privileged resolu­ 1878. Also, petition of Woman's Christian Temperance tion and ask its immediate consideration. Union of East Arlington, Vt., protesting against modification, The SPEAKER. The gentleman from North Carolina resubmission, or repeal of the eighteenth amendment; to the offers a resolution, which the Clerk will report. Committee on the Judiciary. The Clerk read the resolution, as. follows: 1879. Also, petitions supporting maintenance and enforce­ House Resolution 96 Resolved, That there be paid out of the contingent fund of the ment of the eighteenth amendment from Fair Haven, Vt.; House of Representatives $465 to Amy C. Dunne for extra. and to the Committee on the Judiciary. expert services rendered the Committee on Invalid Pensions from 1880. By Mr. YATES: Petition of Mr. and Mrs. 0. E. March 11, 1931, to December 19, 1931, as assistant clerk to such Smith, G. W. Rollins; C. A. Hedges, and other citizens of committee by detail from the Veterans' Administration. Moweague, Ill., opposing any modification of the eighteenth The resolution was agreed to. amendment; to the Committee on the Judiciary. JAMES W. BOYER, JR. Mr. WARREN. Mr. Speaker, I offer a further resolution HOUSE OF REPRESENTATIVES and ask for its immediate consideration. The · SPEAKER. The gentleman from North Carolina SATURDAY, FEBRUARY 13, 1932 offers a further resolution, which the Clerk will report. The House met at 12 o'clock noon. The Clerk read the resolution, as follows: The Chaplain, Rev. James Shera Montgomery, D. D., House Resolution 118 offered the following prayer: Resolved, That there be paid out of the contingent fund of the We beseech Theel our Father, that Thou wilt quicken all House $600 to James W. Boyer, jr., for extra and expert services as expert legal examiner to the Committee on World War Veter­ who walk in the way of duty and those who may search out ans' Legislation. neglected duty, and may they take upon themselves the whole service of our country. We thank Thee that Thou Mr. STAFFORD. If the gentleman will yield, will the dost overflow with tenderness and grace, and that they gentleman explain to the House whether this is the cus­ come to us who are full of faults and weaknesses; we praise tomary resolution for these services? I do not recall that Thee that Thou art our remedy and our hope. 0 God, may the House has heretofore ever paid extra services to any our country build that new heaven and that earth in which clerk of the Veterans' Bureau. I do recall having paid for dwelleth righteousness and happiness; then men shall be extra services to clerks connected with the Committee on able to stand the wear and the tear of the exigencies of Pensions and the Committee on Invalid Pensions. time and change. Do Thou minister to the social influence Mr. WARREN. This is a customary resolution that has of the family by affection. by refined taste, and by that. peace been passed in this case for the last two years. There are and joy which have their pattern in Thee. Amen. only three. These are the three I have just presented. The resolution was agreed to. The Journal of the proceedings of yesterday was read and approved. EXPENSES INCURRED BY COMMITTEE ON COINAGE, WEIGHTS, AND MEASURES FRED R. MILLER Mr. WARREN .. Mr. Speaker, I offer a further resolution Mr. WARREN. Mr. Speaker, I offer a priVIleged resolu­ and ask for its immediate consideration. tion from the Committee on Accounts and ask for its imme­ The SPEAKER. The gentleman from North Carolina diate consideration. offers a further resolution, which the Clerk will report. The SPEAKER. The gentleman from North Carolina The Clerk read the resolution, as follows: offers a privileged resolution, which the Clerk will report. The Clerk read the resolution, as follows.: House Resolution 136 .Resolved, That the expenses of conducting the investigation House Resolution 89 authorized by House Resolution 72., incurred by the Committee Resolved, That there be paid out of the contingent fund of the on Coinage, Weights, and Measures, acting as a whole or by sub­ House $600 to Fred R. Miller for extra an.d expert services as expert. committee~ shall lite paid GUt of the contingent fund of the House 3850 CONGRESSIONAL RECORD-HOUSE _FEBRUARY 13 on vouchers authorized by the committee, signed by the chairman committees. The gentleman will have to address his inquiry thereof and approved by the Committee on Accounts, but shall not exceed $5,000. to the chairman of the committee having the bill under consideration. The resolution was agreed to. Mr. BRAND of Georgia. Mr. Speaker, the hearings were IMPEACHMENT CHARGEs-REPORT FROM COMMITTEE ON THE finished yesterday and I am satisfied that any Member can JUDICIARY see the testimony to-day or on Monday morning. Mr. SUMNERS of Texas. Mr. Speaker, I offer a report Mr. LAGUARDIA. That will be very satisfactory, and. I from the Committee on the Judiciary, and I would like to thank the gentleman for the information. give notice that immediately upon the reading of the report COMMENCEMENT OF TERMS OF PRESIDENT, VICE PRESIDENT, I shall move the previous question. MEMBERS OF CONGRESS, ETC. The SPEAKER. The gentleman from Texas offers a re­ Mr. JEFFERS. Mr. Speaker, I move that the House re­ port, which the Clerk will read. solve itself into the Committee of the Whole House on the The Clerk read the report, as follows: state of the Union for the further consideration' of the joint HOUSE OF REPRESENTATIVES-RELATIVE TO THE ACTION OF THE COM­ resolution United States fixing the commencement TION 92 of the terms of President and Vice President and Members Mr. SuMNERS of Texas, from the Committee on the Judiciary, of Congress and fixing the time of the assembling of submitted the following report (to accompany H. Res. 143): I am directed by the Committee on the Judiciary to submit to Congress. · - the House, as its report to the House, the following resolution The motion was agreed to. adopted by the Committee e-n the Judiciary indicating its action Accordingly the House resolved itself into the ·Conultittee with reference to House Resolution No. 92 heretofore referred by the House to the Committee on the Judiciary: . of the Whole House on the state of the Union for the further Whereas Hon. WRIGHT PATMAN, Member of the House of Rep­ consideration of the joint resolution (S. J. Res. 14), with Mr. resentatives, filed certain impeachment charges against Hon. BUL WINKLE in the chair. Andrew w. Mellon, Secretary of the Treasury, which were referred The Clerk read the title of the joint resolution. to this committee; and Whereas pending the investigation of said charges by said com­ Mr. JEFFERS. Mr. Chairman, I yield myself one minute. mittee, and before said investigation had been completed, the Let me call the attention of the Members to the fact that said Hon. Andrew W; Mellon was nominated by the President of during the afternoon we will have. up for consideration in the United States for the post of ambassador to the Court of St. connection with this proposed constitutional amendment James and the said nomination was duly confirmed by the United States Senate pursuant to law, and the said Andrew W. Mellon several amendments, and I hope the membership will remain has resigned the position of Secretary of the Treasury: Be it here so that we will not be caused to lose .valuable time if Resolved by this committee, That the further consideration of some one should make the point of no quorum. I trust the the said charges made against the said Andrew W. Mellon, as Secretary of the Treasury, be, and the same are hereby, discon­ Members will remain in the Chamber. We are going to get tinued. through with the consideration of this resolution this after­ MINORITY VIEWS noon under the 5-minute rule after we conclude the general We can not join in the majority views and findings. While we debate. concur in the conclusions of the majority that section 243 of the Now, Mr. Chairman, I yield five minut-es to the gentleman Revised Statutes, upon which the proceedings herein were based, from Ohio [Mr. FIESINGER]. provides for action in the nature of an ouster proceeding, it is our view that the Hon. Andrew W. Mellon, the former Secretary Mr. FIESINGER. Mr. Chairman, I am a member of the of the Treasury, having removed himself from that office, no committee that has had this resolution under consideration. useful purpose would be served by continuing the investigation I concur in the action of the committee and I rise to state of the charges filed by the Hon. WRIGHT PATMAN. We desire to stress that the action of the undersigned is based on that reason that I am favorable to the resolution. I believe it is a step alone, particularly when the prohibition contained in said sec­ in the way of progress and I believe further that it has the tion 243 is not applicable to the office now held by Mr. Mellon. command of the American people, and I know of the people FIORELLO H. LAGUARDIA. of my district. GoRDoN BROWNING. M. C. TARVER. It has been indicated and asserted in the debates and by FRANCIS B. CONDON. mention of individu,al Members that a number of amend­ Mr. SUMNERS of Texas. Mr. Speaker, I think the reso­ ments will be offered. While not in any way impugning the lution is fairly explanatory of the views held by the different motives of the proponents of such amendments and believ­ members of the committee. No useful purpose could be ing that such amendments will be offered with a sincere served by the consumption of the usual 40 minutes, so I desire to be helpful, yet I shall be constrained to vote against move the previous question. · all such amendments because of the fear I entertain that The previous question was ordered. the amendments will tend to impede the final adoption of The SPEAKER. The question is on agreeing to the reso­ the resolution which I interpret to have the righteous com­ mand of the American people. lution. Aizy amendment offered to extend the terms of Members The resolution was agreed to. of the House of Representatives I shall especially oppose, PRINTING OF HEARINGS because in my humble judgment its tendency would be to Mr. LAGUARDIA. Mr. Speaker, a parliamentary inquiry. centralize power and tend to lessen the rights of the people ' The SPEAKER. The gentleman will state it. in popular government. Mr. LAGUARDIA. I desire to ascertain if under the im­ I desire to take no further time and I yield back the bal­ plied intent of the rules of this House, before a bill may be ance of my time. properly considered by the House, the hearings pertaining Mr. JEFFERS. Mr. Chairman, I yield 10 minutes to the to the particular bill under consideration should be avail­ gentleman from Maryland [Mr. LEWIS]. [Applause.] able to the membership. What I have in mind, Mr. Speaker, Mr. LEWIS. Gentlemen of the committee, you are about is this: That at the time the House considered the bill relat­ to propose a most desirable change in our institutions, a ing to the Reconstruction Finance Corporation all of the change which the passage of time has indicated to be neces· hearings were not printed. In a very few days, as I under­ sary for the efficient operation of the great function of na­ stand-as we are informed by the press-we will be called tional legislation. upon to consider another bill on the question of the Federal I am about to bring to your attention an ingredient in that reserve and the issuance of additional currency. Hearings institution where another change is equally shown to be are now being held, and I desire to be informed if it is not necessary and important in the operation of the legislative possible for the membership to have those hearings before part of our Government. we are called upon to consider the bill. When this House of Commons was established, ladies and The SPEAKER. As the gentleman is aware, the rules of gentlemen, there were few parliaments in the world from the House do not require the printing of hearings before whose rituals we could draw. 1932 CONGRESSIONAL RECORD-· HOUSE 385I The ancient democracies gave us virtually no faith-inspir­ Statistics of membership and representation in lower houses ot ing instruction as to a proper length of term for Members legislatures of certain foreign countries of the represen tati ve body. Number Number reJ May I say that research discloses that in only two coun­ Country of Year Population sented by each Term tries of the world, in Colombia and in Mexico, is the term members membert of the member of their lower house as long as two years. In 18 of the leading 25 countries of the world the term is four Ytnrs Argentina 2------·------­ 158 1930 311,192,702 70, 840(33, 000) 4 years or more, and in the following countries, the first natu­ 76 1930 a 6, 438,999 84,724 3 BelgiumAustralia 6 •------·------______rally to come in our minds when we consider matters by way 187 1929 18,050,189 43, 103(40, 000) 4 BrazilCanada? o------______212 1929 a 40, 272, 650 189,965 3 of comparison, we have Canada with a 5-year term, France 245 1930 19,934,500 40,549 li with a 4-year term, Germany 4 years, Italy 5 years, Japan Chiles··--·-·------132 1931 4, 264.819 32, 309(30, 000) 4 Colomb;a •--····------131 1928 7,851,000 59, 931 (60. 000) 2 4 years, Sweden 4 years, Switzerland 4 years, and in England Czechoslovakia to ______114, 608, 412 Denmark u ______300 1929 48,695 6 a term of 5 years. 149 1925 3,434,555 23,051 4 Looking into the effect of the " vote of confidence " on the France n _. _-----· ------612 1926 40,74-3,897 66,575 4 GreeceGermany~~--- u ______------·------_ 577 1925 62,410,619 108. 164 (75, 000) 4 prematuring of the term, I found that in England, taking 250 1928 6, 204,634 2t, 819 4 Hungary 15------­ 245 1930 8, 683, 740 35,444 5 all the votes of want of confidence into account, during the Italy 10.------­ 4.00 1931 42,874, 01 107, 187 5 Victorian age the term in the House of Commons lasted, on Japan 17. __ ------­ 466 1929 65,703,953 140,996 4 Mexico 18 -·-·-·-·------U15Q 1930 16,40-t, 030 109, 360 (60. 000) 2 the average, some 3 years and 10 months. Netherlands 10 ______Norway n ______100 1929 7, 832,175 78,322 4 Gentlemen of the House, we are definitely Representatives 112 1930 2,890, ()()() 25.804 3 PortugaltaPeru 22·····-- ______------_ 110 1927 16,147,000 55,882 5 164 1920 6, 032,991 of the people who live within our districts. How many do Rumania u ______36,787 3 we represent? On the average, 285,000. Remember that 387 1919 17,393, 149 44,944 4 Sweden 25 •• __ • ------­ 230 1929 16,120,080 26,609 4 we are the principal human avenues of approach of these Switzerland 20. __ ·------­ 187 1930 4, 067,305 21,750 (22. 000) 4 285,000 to our great Government, with its present multiplied United Kingdom 21------­ 615 ...... 44.025,518 71,586 5 England... _.··-··------492 1921 35,230.225 71.606 5 and magnified relations to human life. Two hundred and Northern Ireland. ______13 1926 1, 256,322 96,640 5 eighty-five thousand to serve. In Canada it is 41,000, in Scotland .... ------74 1921 4, 882,497 65,980 5 Wales .... ·-·------36 1921 2, 656,474 73,791 5 2 France 67,000, in Germany 108,000, in Italy 107,000, in Venezuela ! _ ------1 77 1926 3, 026,878 39, 310 (35, 000) 3 Sweden 27,000, in Switzerland 22,000, and in England 72,000. On top of our shortened term and of this greatly magni­ 1 Figures obtained by dividing population by the number of members. When the basis or representation is given in the source from which the information was obtained fied number of people we are called upon to represent we that figure is gi>en in parentheses as well as the one obtained by actual division. have another onerous circumstance. It is the double election 2 Statesman's Yearbook, 1!!31 (pp. 651, 652). z Estimated population as given in Statesman's Yearbook, 1931 that characterizes the politics of our country. It was 13 'Statesman 's Yearbook. 1931 (pp. 346 and 348). 'Ibid., pp. 672, 673. months before we were allowed to assemble here on this e Ibid., pp. 697 and 699. occasion. Already primary troubles had begun to show 'Ibid., pp. 280 and 282. themselves-yea, and to assert their depleting claims in the 'Ibid., p. 717, n8. Political Handbook of the World, as of Jan. 1, 1930 (p. 32). 'Statesman's Yearbook, 1931 (pp. 752, 753). hearts of many of the Members of this body. 10 Ibid., pp. 770 and 772. n Ibid., pp. 783 and 785. We are human beings. We are, naturally, going to think u Ibid., pp. 837 and 841. of our own futures as well as the well-being of our country. u Ibid., pp. 916, 917. . Ulbid., pp. 965,966. Political Handbook of the World, as of Jan. 1, 1930 (p. 84). I want to say to you that, judged not only by my individual 1~ Statesman's Yearbook, 1931 (pp. 989, 990). Political Handbook of the World, experience but judged by those comparisons which I have as of Jan. 1, 1930 (p. 93). 1e Statesman's.Yearbook, 1931 (pp. 1012, 1013). only too briefly given you of the experience of other coun­ 11 Ibid., pp. 1045 and 1().18. tries, the 2-year term in the United States does not stand 18 Ibid., pp. 1088, 1089. 11 Under an amendment to the Con.Stitution July 30, 1928, the basis of representation justified by present needs or present human circumstances. was increased and the membership of the lower House was reduced from 271 to "about It is a matter of tradition that the makers of the Consti­ 150." Political Handbook of the World, as of Jan. 1, 1930 (p. 126). 20 Statesman's Yearbook, 1931 (pp. 1111 and 1113). tution greatly feared oligarchy and absolutism in their day 21 Ibid., pp. 1144, 1145. and that the 2-year term was determined upon so that 22 Ibid., pp. 1180, 1181. 23 Ibid., pp. 1201, 1202. quick, opposing, and antagonistic responses would come 2• Ibid., p. 1222. Political Handbook of the World, as of Jan. 1, 1930 (p. 157.) from the people if those higher in the Government should u Statesman's Yearbook, 1931 (pp. 1294 and 1296). 1t Ibid., pp. 1310 and 1312. attempt such reactionary conduct. Happily, such fears 21 Ibid., pp. 5, 6. Constitutional Yearbook, 1931 (pp. 218 and 251). have been completely dissipated by experience. Not only is 21 Statesman's Yearbook, 1931 (pp. 1343, 1344). there no sign of such absolutism but, thinking of the sta­ 1\{r. GIFFORD. ·Mr. Chairman, I yield 10 minutes to the bility of our institutions, if there be anything unstable on gentleman from Connecticut [Mr. TILsoN]. this planet after a century and a half of experience with Mr. Tn.sON. Mr. Chairman, it had not been my purpose the ideals of our fathers, thank God we are able to say that to speak at any length on this resolution. On two occasions it is monarchical institutions, aristocratic institutions, that when it was discussed here--March, 1928, and February, stand in peril and not those other democratic institutions 1931-I took my full share of time and participated quite planted on the wider base of the whole population of the freely in the debate. I am not doing it to-day, because, first, country. [Applause.] lack of time, and second, because I feel that the rema1·ks Mr. BURTNESS. Will the gentleman yield? heretofore made by me express my views quite as accurately Mr. LEWIS. I do, gladly. and completely as I could now express them. These views Mr. BURTNESS. I was interested in the figures with are pretty well understood by the older Members and the reference to the number of people represented by individual younger Members will be able to gather all the information members in other parliaments. The gentleman has served and inspiration on this subject that they may need if they here before. Has the gentleman any observation to make listen to the remarks of the others. with reference to the additional amount of work done by I do not regard this as the most important piece of legis­ Members now as compared with a few years ago? lation in the world. To this extent I agree with the gentle­ Mr. LEWIS. The gentleman's question is most timely man from New York [Mr. O'CoNNoR], that there are many and appropriate. It happens that after some six years of more important things that this Congress should do. The service in this body my services ceased here and other public fact is that for more than 140 ·years we have gone along on work took its place. Coming back now, after some 14 years, the original provision of the Constitution on this subject. the break in my legislative experiences has com:Qelled com .. Compared with other countries of the world, we surely have parisons. I certainly am not overstating the comparison not suffered by having followed the provision in connection when I say that the number of problems now presented are with the meeting time of Congress. Until quite recently four times as great as they were 20 years ago and that there was no effort on the part of anyone to change this pro­ they have lost nothing in complexity in the intervening vision of the Constitution, but it has been so long since any time. [Applause.] legislation has been enacted under the provision which per- . 3852 CONGRE-SSIONAL-RECORD-HOUSE :FEBRUARY 13 mits Congress to meet at any time that there has gone out fit to fix March 4 as the date for the new Congress to meet. Then over the country the notion that Congress can not meet until we are called upon to pass a constitutional amendment in order to have Congress meet 60 days earlier than it could otherwise. 13 mop.ths after election, and that the retiring Member con­ And even then, in the case of a new President, he will not come in tinues to serve until December. Of course, anyone who reads for 20 days longer, so that in reality the new Congress will gain the Constitution understandingly knows better. The term of only 40 days by meeting January 4 instead of March 4. But we are told in all seriousness that it will never do for the a retiring Member expires on the 3d of March. The new new Congress to meet as late as March 4, which can be done Member begins on March 4 to act as a Member in all non­ by a simple resolution, because that would mean running into session duties. He is sworn in either at the :-egular session midsummer, and it is hot in Washington during June and July. in December, or sooner, at a special session called by the Shades of our illustrious predecessors! Shall we amend the Con­ stitution of our country in order to avoid a few days of personal President, if the public interests demand it. discomfort? [Applause.] In earlier days, on a number of occasions, Congress did act under the constitutional provision relating to meetings In connection with the present resolution the same rea­ of Congress, and fixed the date when Congress should as­ sons and excuses have been advanced as in previous discus­ semble. The most memorable example of the action of sions, but little that will stand up under anaiysis. Of course, Congress in this respect was in the early days of the ad­ the practice of other countries has been dwelt upon alW"ays ministration of Andrew Johnson, when there was such a without referring to the totally different conditions existing bitter state of partisanship existing that Congress pro­ in those countries, especially as to the form of government. fessed to believe that the Government was not safe in the In my remarks during the debate on the subject I said: hands of President Johnson unless Congress were in session. The practice in foreign countries of early assembling is cited, but there is no real similarity, and any argument based on such Therefore Congress did act and fixed the date of the meet­ an analogy is not well grounded but is altogether misleading. ing of subsequent Congresses on the 4th day of March of In other countries governments fall and cease to function, carry­ the odd years. For three successive Congresses, Congress ing in their fall both executive and legislative authority, which did meet on that date and continued in potential session all are not separated, so that a new government must be formed to carry on. There is no such thing in our system of government. through the 2-year term. Our executive and legislative powers are distinct and our terms In all fairness, I should add that some of the worst legis­ of office are fixed by law or the Constitution. And, on the whole, lation ever enacted in the history of our country was en­ has not the plan worked reasonably well, even as compared with acted during that period, from some of which the Nation is foreign countries? still suffering 60 years afterward. Later, after much had been said about foreign parlia­ After the passions of the Civil War had somewhat sub­ ments, I refened to the matter again: sided Congress very sensibly concluded that there was no The practice of foreign countries in early assembling 1s cited necessity for so early assembling after the election and re­ and made much of, but this is readily disposed of when it 1s remembered that in this respect our Government, where the pealed the law. Congress then rejected what will surely legislative and executive powers are separated, is entirely dtifer­ prove to be the result if this amendment is ratified-a contin­ ent from any of those countries where the legislative and ex­ uous session during the two years or life of the Congress. ecutive powers are combined so that when one ministry falls Therefore in the early seventies this statute was repealed and fails to function another must promptly take its place. Who can say that this difference has not added to rather than de­ and Congress went back to the time fixed by the Constitu­ tracted from the success a{lhieved by our Government? The tion in case. Congress fails to set a different date. From practice of foreign countries has no analogy to our own, so that that time to the·present day Congress has never seen fit to arguments based upon it are witb:out substantial foundation. fix a different date from that thus provided for in the Con­ There are real, substantial, practical reasons in the case stitution, but the President on many occasions has seen fit, of our Government why it is better, except in cases of emer­ when the public interests seemed to demand it, to convene gency or when some very important extraordinary legisla­ Congress in a special session-not 13 months after election tion like a tariff bill is to be passed, that there should be but immediately after the 4th day of March. a long interval between the elections and the convening of The President can now call a special session at any time the new Congress. I can do no better than quote from if he deems the public interests demand it, while any Con­ previous remru·ks made by me on a similar occasion: gress has the power to bind its successor to the extent of Let us consider for a moment whether any real harm comes compelling the new Congress to meet at any time after from postponing the date of convening the new Congress even the March 3. full limit of 13 months. We are now under a Budget system and When, if ever, has the country suffered by reason of Con­ it is working well. During the summer and autumn the Presi­ dent, through the heads of executive departments and the Director gress not being in session? I do not recall the occasion and of the Budget, prepares the estimates of the several departments history is silent on the subject. Then why change the Con­ and makes up the Budget. It is sent to Congress the first week stitution for such a purpose? In my remarks on this fioor in December. As at present, the old Congress is organized and when a similar resolution was · being discussed in the Sev­ before January 4 is well under way in the consideration of the supply bills. The Cabinet heads, who under the outgoing Presi­ entieth Congress, I said: dent have submitted their estimates, now come before the com­ While fixing the date on which Congress shall meet is not of mittees of Congress and explain each the portion of the Budget vital importance, changing the Constitution for this or any other which relates to his department. Before March 4, if Congress purpose is a serious matter. Of the amendments adopted since attends to business, all the supply bills and other necessary leg­ the first 1Q-which were to all intents and purposes a part of the islation is passed, and the old Congress and the old President, with original Constitution-some were unnecessary, some have not his Cabinet heads and their assistants, all go out together. The worked as expected, some have worked badly, and some have not new President comes in on March 4 with a new Cabinet and as­ worked at all. sistants and begins at once to prepare for the new estimates and Doubtless I am somewhat old-fashioned in this respect, but I the new Budget to be submitted in the autumn. have a deep, sincere affection and admlration for that old docu­ Meanwhile, the new Congress on and after March 4 stands ready ment. and I hate to see it changed without the best of reasons. to meet in case of need to pass emergency or any other legislation Our experience in changing this precious instrument has not been deemed necessary for the public interest. Time after time the such as to encourage further experiment along this line, except new Congress has been called together early tor one reason or for reasons clear and compelling. I do not believe that the rea­ another, and there is no danger that the public interest will ever sons given for the proposed change are sufficient or convincing, suffer for want of a Congress ready to serve. but, on the contrary, that when analyzed they become- untenable. Let us see what would be the situation under the proposed What are the alleged reasons for adding the proposed amend­ amendment. The old President and his Cabinet must make up ment to the Constit ut ion? The one argument upon which the the Budget, as before, but can not submit it before January 4. It demand for a change in the meeting dat e of Congress is based 1s then submitted to a new Congress, not thoroughly organized is that the time is too long between the election and the meeting and without committees. Meanwhile the "lame-duck" President of the new Congress. Looked at superficially, this is a plausible holds on for 20 days. Whether he delivers a message on the state argument, especially when made to appear that 13 months must of the Un!cn to the new assemblage, now cleansed of its "lame­ elapse after the election before the newly elected Member ac­ duclc" contamination, is not specified in the resolution. tually takes his seat: but even this formidable charge can be Having organized-if no deadlock interferes--and counted the met and readily answered. In the first place, this charge is not electoral vote, if there is time, the now pure congressional aggre­ true as I have stated it and as it is usually stated. Under our gation, out of deference to the new President soon to come in, will present Constitution only four months must elapse before the probably twiddle their thumbs until January 24 arrives. And now new Member may take his seat. Any longer time than four work must begin-on the supply bills, at any rate. A new Cabinet months is only because Congress, in fts wisdom, has not seen wlll have taken the place of the old and without time to learn 1932 CONGRESSIONAL RECORD-HOU-SE 3853 anything whatever about their several departments, with no posed change. More than that, when the choice of a Presi­ knowledge whatever of the estimates or the Budget, they must dent depends on the action of the new Congress, not appear before the committees of Congress to explain and defend the provisions of their several bills. The new President must take organized, the difficulty of organizing may be greatly in­ on faith the Budget of his" lame-duck" predecessor, for surely he creased. Let us assume that the parties are fairly evenly is not in position to make up one of his own; and so throughout divided in the House, so that the change of a vote or two the first year of his term, the most important year of all for him, the benefits of the Budget system may be nullified, so far as he is might, in its result, make a difference in the presidency concerned. Can you imagine anything worse than such a situa­ itself. tion? And yet I have not in the least overdrawn what must We can readily foresee that there might be very serious inevitably happen in case this amendment should be ratified. danger from having the old Congress out of existence, and If the " lame-duck " session is a bad thing we can abolish the new Congress, without organization, to be depended it by a joint resolution and meet on the 4th day of March, upon to count the votes or to elect the President. Please after the elections, and in the even years at any time Con­ observe, also, that by this resolution only 20 days are allowed gress may see fit to fix. It is not necessary to pass this in which Congress must organize and · elect a President, if resolution in order to eliminate the "lame-duck" session. I one has not been elected by the Electoral College. I called said so emphatically in the debate to which I have referred attention to this danger in previous remarks on the subject, in the following language: as follows: But it is not necessary to amend the Constitution in order to Can we afford to take such a step which, once taken, can not have an early meeting of the new Congress; and if it be believed be retraced? It matters nothing to me personally. It matters· that this is what is needed and what the people are demanding, little to any of us older Members, whose time here after this let it be done by an act of Congress. As it stands to-day, Con­ amendment is in effect at most will not be long; but it does gress can fix any date of meeting it may deem best; and if it matter very much to the people of the country through all the should turn out that the day fixed is not the best date, it can years to come and to those who follow us here in giving service be changed and go back to the old date that has served satisfac­ to the country. I have one boy of my own, dearer to me than torily throughout our history. But once fix the date by the Con­ my own life, as every father will understand. He is only a · stitution, and it must stand whether satisfactory or not, whether schoolboy now, but in the dreams of a fond father touching his it work well or ill. son I have seen him standing here in my place, giving himself to the service of his country as his father has faithfully tried As to the harm that might come from" lame-duck" Mem­ to do. I would not for this right arm do anything by my vote bers, participating in legislation, it seems to me this has that would make his path more difficult or render his service always been the most preposterous thing that ever could be and that of the others who will then stand where we now stand, offered to influence rational men. The idea that because less effective or useful. a man is defeated for Congress he is thereby discredited and Among all the many able newspapermen gathered here in disqualified from acting as a legislator is grotesquely absurd. Washington none has described the so-called "lame duck" . As the gentleman from Virginia [Mr. MoNTAGUE] said so resolution we are now considering so concisely or so ac­ forcefully and cleverly yesterday, the proposition is utterly curately as the brilliant columnist George Rothwell Brown ridiculous. when he characterized it as a quack -remedy for a disease As he said, this is one time in the life of a Member of of the Constitution that it does not have. Nor can I close Congress when he can vote his real convictions without the my own remarks now more fittingly than by quoting what I hope of reward or the fear of punishment. I defy successful said in closing four years ago: contradiction of the statement I am about to make: That I can not vote for this resolution. Neither can I allow it to some of the best legislation that has ever been passed by any pass without giving voice to my opposition and utterance to my conviction that its adoption will be an unfortunate mistake which Congress has been passed in the short session, and often those responsible for it should never cease to regret. And remem­ when a considerable number of men have been defeated. ber, when we give our vote for it and send it on its way all the The percentage of men not returning is small, many of these harm of which · it is capable throughout the years to come will retiring voluntarily; in fact, so small as to have no influence have been done, so far as we are concerned. whatever, even though we might concede the thing that is [Applause.] not true, that they have been discredited and ~ hat, having The CHAIRMAN. The time of the gentleman from Con­ been discredited, they would betray the interests of their necticut has expired. country. The idea is preposterow;. [Applause.] Mr. KELLER. Mr. Chairman, will the gentleman yield? The part of the resolution providing for the election of -Mr. TILSON. My time has expired .. President has been referred to as one of the important Mr. KELLER. I wanted to ask a question and the ques­ provisions of this amendment. One trouble with this is tion is this-- that we do not know where the new proposition might land The CHAIRMAN. The time of the gentleman from Con­ us, becauSe no one can foretell what will arise in the future. necticut has expired. \Ve have tri~d the old and hav~ not suffered from it, but Mr. GIFFORD. Mr. Chairman, I yield 10 minutes to the no one can tell how the provisions of this aniendmerit will gentleman from Iowa [Mr. RAMSEYER]. work in case of a controversy. Mr. RAMSEYER. Mr. Chairman, a resolution similar to There is one thing I wish to call particular attention to, this one was before the House in 1928 and again in 1931. and that is the fact that Congress under the present provi-­ Like the distinguished gentleman from Connecticut [Mr. sion is organized and ready for legislation. In the proposed TILsoN] who preceded me, I have addressed myself at length amendment it is not. In 1876, when the unfortunat-e con­ to the membership of the House on each occasion when the troversy between Hayes and Tilden occurred, when there proposition was before us. The gentleman from Connecticut was danger of civil -strife or revolution in this country, the and myself are on different sides of this proposition. I have fact was that the House had been organized, the Speaker a profound respect for the gentleman for his attitude and had been elected, Congress was actually in existence and for his courage always in taking the side of any controversy was able to act. that he thinks is right. I first became interested in this Congress took action to meet the emergency. A com­ proposal when it was being studied by a special committee mission was appointed. Whether we agree with the final of the American Bar Association. It was before such spe­ decision of the commission has nothing to do with the case. cial committee a number of years. This committee made a The point is that Congress was in a position to act and did report to the American Bar Association in 1923. I was pres­ act and did appoint a commission to save the country from ent at the particular session when this resolution was up danger. The magnanimous action of the defeated candi­ for discussion. It was unanimously indorsed by the Ameri­ date for President, Mr. Tilden, should always be gratefully can Bar Association at the convention of that association in remembered by all of the people of these United States. 1923. This committee prepared a resolution to be introduced [Applause.] The fact I wish to emphasize is that at this in Congress. I took the proposed resolution and introduced time Congress was organized. The contests of the election it on the first day of the following session here, that is, the had been settled, which can not be the case under the pro- first Monday in December, 1923. Afterward, during that LXXV--243 385l CONGRESSIONAL-RECORD-HOUSE FEBRUARY 13 session, I appeared before the committee having charge of' ·respect. Exercise your own-independent judgment on any' the joint resolution and argued in favor of it. of the amendments that are going to be offered under the t do not attach as much importance to this resolution 5-minute rule . . as some Members do. I am in entire sympathy with the In 1928 when this joint resolution was before this body gentleman from Connecticut in resenting the reflections cast- we printed as a House document the debate and proceed­ by some upon Members who happen to be defeated-that their ings. I have regarded this document as the best debate on defeat means there is something wrong with them and that any subject ever had in either House. since I have been a they can no longer be trusted. Some of the leading men of Member of this House. I have made a somewhat careful our country, including Lincoln, were defeated time and again. study of each amendment to the Constitution beginning with In fact, some of the noblest characters of history never could the thirteenth amendment, and the procedure in the States be elected to any office. They were guillotined, burned at in ratifying those amendments. Mr. Garrett, of Tennessee, the stake, and even crucified. formerly leader of the Democratic side, was probably as. I have favored the resolution in the past and still favor it. careful and as thorough a student of the Constitution as we I think newly elected Members should be allowed to go into have had in this body during recent years. When this pro­ action sooner than they do now under the present practice. posal was before the House in 1928 Mr. Garrett offered an If I were responsible for the program for this House, this amendment to the resolution, which was adopted by a vote resolution would not be here exactly at this time. I agree of 187 to 23, on a rising vote. That amendment was incor­ with what has been said-that there are more important porated in 'the resolution which was before this House dur-· matters before the country that should receive attention. ing the last session as section 6. For reasons or for no rea­ The passing of this resolution will not feed the hungry nor son, the committee this time eliminated section 6. This furnish any jobs to the unemployed. It will not help to section I regard as most important to insure orderly consid­ solve the economic paradox of impoverishment in the midst eration of proposed amendments. My time is up. I will of abundance, to correct the inequitable distribution of have more to say on my amendment under the 5-minute wealth, or to solve the money and credit problem, which I rule. [Applause.] consider at this time the most important problem before the [Here the gavel fell.] American people. Mr. JEFFERS. Mr. Chairman, I yield such time as he The resolution before us I favor in the main. There have may desire to the gentleman from Oklahoma [Mr. HASTINGS]. been suggestions made during the debates that we must not Mr. HASTINGS. Mr. Chairman, we have under consid­ amend this resolution in any manner. I do not know why eration the joint resolution proposing an amendment to the Members take the floor and speak that way. When this Constitution of the United States fixing the commencement resolution passes the House it should reflect the independent -of the terms of President and Vice President and Members judgment of this House. [Applause.] Thomas Jefferson, in of Congress and fixing the time of the assembling of Con- · his Manual, after stating the rule against referring to de- gress. · bates and votes in the other House, gives as his reason in A similar resolution bas been before Congress for anum-· support of the rule, the following: ber of years. It passed the House during the last session of Because the opinion of each House should be left to its inde- Congress with an amendment fixing the date of the adjourn- pendency, not to be influenced . by the proceedings of the other. ment of the second session of each Congress. One of the amendments to be offered is the Longworth This resolution contains five sections. amendment. I did not vote for it when it was offered before Section 1 fixes the time when the terms of President and and shall not vote for it to-day, for the ·reason that I think Vice President shall end at noon on the 24th day of January, we should go on the assumption that Congress will have and the terms of Senators and Representatives at noon on sense enough to adjourn when it is through with its busi- the 4th day of January of the years in which such terms ness; but if I had believed in that amendment when it was would have ended if this article had not been ratified. At considered before, if I still believed in it, I would vote for it the present time, of course, the terms begin and end on the to-day. I would express my own independent judgment. 4th day of March. Just because the other body has not taken kindly to this Section 2 provides for the assembling of Congress-at least proposal is no reason why Members should not at this time once in every year and fixes the date of the meeti:o,g to begin exercise their own independent judgment on that amend- at noon on the 4th day of January, unless Congress shall by ment or any other amendment that may be proposed. law appoint a different day. [Applause.] Section 3 provides for the election of a President and Vice There is no danger of this resolution proposing an amend- President if death should occur to either or if the President ment to the constitution getting lost in the shufHe. It was elect or the Viee President elect fails to qualify. This section lost at the end of the last session because there were only a authorizes Congress to provide for this situation. few days of the session left when it was sent to conference. Power is given to Congress to provide by law who shall If there are some provisions in the resolution different from act as President in this case or the manner of selecting who the Senate resolution-and there are already provisions in it shall act as President, but such person shall act only until that are materially different-it will go to conference. The a President is qualified or a Vice President is qualified. conferees can come back for further instruction. The same Section 4 provides that Congress may provide for the con- with the Senate conferees. tingency of death of any of the persons from whom the The Longworth amendment, and also an amendment House of Representatives may choose a President or the which I shall offer at the end of the resolution, have never Senate may choose a Vice President. been considered by the other body. No one here knows what The report of the Committee on Election of President, Vice the other body thinks about either one of them. Even President, and Representatives in Congress is an exhaustive though some of you may think you know how the other one and goes thoroughly into the reasons why favorable body feels about it, it is all the more reason why you should action should be had upon this amendment. It has been at this time express your own independent judgment on the called to the attention of the public for a number of years. amendments to be offered. Probably the gentleman from I think everyone agrees that it is advisable to have sessions Maryla,nd [Mr. LEWis] will offer an amendment. Each of Congress convene soon after the election. House should be left to its own independency of judgment on When the original Constitution was adopted and our Gov­ these matters. There is no reason in the world why this ernment was organized in 1789 we bad no modern facilities House should have an inferiority complex every time the other for communication or transportation and it was then neces­ body is mentioned, or when we find the views of the other sary to have more time intervene between an election and the body are different from this body. If we truckle to the convening of Congress. This was particularly true when other body, or if the other body truckles to us, it will sim- some of the Western States were admitted into the Union. ply result iJ;l the body being truckled to losing respect for Now all sections of the country have been brought together the other body, and the body truckling will lose its own self- by modern means of communication and transportation, ~o 1932 CONGRESSIONAL RECORD-HOUSE 3855 that the necessity no longer exists for having. such a long in those conventions were the agents of exactly that sort of time intervene between the election and the date when Con­ government. gress convenes and the Members elect assume office. That brings me to the practical point to which I direct I voted for a similar resolution before and favor the pas­ your attention. and that is the necessity of preserving, as sage of this resolution now. far as we can, those lines of cleavage, not because those lines Section 5 provides for this resolution to take effect on the of cleavage originated from human genius but because they 30th day of November of the year following the year in originated from the genius of God Almighty, who made the which this article is ratified. natural laws which govern governments. This resolution must pass both branches of Congress by a Human experience has demonstrated beyond any perad­ two-thirds vote and be ratified by three-fourths of the venture of doubt that when you come to determine policy States before it becomes operative. and not then until the of government you need the counsel of many minds. No one 30th day of November of the year following the year in man who sat in the Constitutional Convention would have which this amendment is ratified and promulgated. done otherwise than shipwreck the whole system if he I have heard no convincing argument advanced why this alone had been privileged to write the policy that was incor­ resolution should not be passed proposing this amendment. porated in the Constitution. When you come to execution There is always a reluctance to amend the Constitution. you need a single Executive. ' The framers of our Constitution provided a method of There is a tendency in this country, manifested when we amendment. Without a general agreement to add the first come to write a tariff bill-and I do not want to get into 10 amendments the Constitution would not have been rati­ the realm of partisan politics-and in the agencies of gov­ fied. We could not have financed the World War without ernment that are expending these billions of dollars-in fact the income-tax amendment. everywhere the ·tendency of the representative branch of In brief, it will do three things: the Government-to surrender the powers which nature says First. It will provide for an early convening of the new belong to the representative branch. Congress after each election; They are being surrendered to the Executive. That is the Second. It will clarify the law with reference to filling the truth of it, and we are accumulating about the President of office of President in event of death or other failure to the United States powers so great that no human being in assume the duties of office before inauguration; and human history has been able and no human being ever will Third. It will provide a speedy recall in the event the be able to possess without their abusive exercise. I mean. Members of Congress do not reflect the true sentiment of the God Almighty has put that limitation upon human people of their districts. capacity. Mr. JEFFERS. Mr. Chairman, I yield the balance of my When we come to deal with our powers and responsibili­ time to the gentleman from Texas [Mr. . SUMNERsl. ties. gentlemen of the Congress. let us not try to hide our­ Mr. SUMNERS of Texas. Mr. Chairman. whenever we selves and protect ourselves against the people through the come to the responsibility of amending the Constitution of shifting of powers to the Executive. powers which belong the United States we approach the most solemn responsi­ to us. bility, perhaps, which can be placed upon a Member of the I am trying to speak fundamentally. We are falling into American Congress. another error in this country. We are undertaking to estab­ During my period of service here one thing particularly lish a sort of guardianship, each generation of the genera­ has impressed itself upon me. In every field of human en­ tions that are to come after us. That can ·not be done deavor, except in the operation of government. men recog­ either. In the time allotted to me I can only state the basic nize that there are basic fundamental natural laws which reasons which underlie opposition to the amendment known limit human beings. That is true in every field of human as the Longworth amendment. which I understand is to be endeavor except in the operation of government. Is not offered to the resolution. [Applause.] that an interesting fact? A person who would be a physi­ [Here the gavel fell.] c1an goes to school to learn the laws of nature which govern The CHAmMAN. The gentleman from Massachusetts is the human body. He succeeds in his practice in proportion recognized for one minute. as he is able to harmonize his practice with them. The Mr. GIFFORD. Mr. Chairman, in this one minute I want scientist seeks to learn the laws of nature which govern in to state that for years I have been considering this resolu­ the field of endeavor. We have agricultural schools to teach tion. I have been brought to favor the" lame-duck .. amend­ boys how to work in accord with the laws of r... ature; but ment idea. but now I very much regret that I have favored when we come to the point of undertaking to operate the the " lame-duck .. idea at the price of removing a limitation complex machinery of a great Government we do not take similar to that which we have always had in this Govern­ cognizance of the fact that there are natural laws which ment. It is not a question to-day of " lame-duck "legislation. limit our discretion. That is an interesting fact. The debate has been and will be to the question as to Now. I make this further observation. and I make it with whether or not we shall have two long, possibly continuous. all respect, that when you come to the scientific operation sessions of Congress. While I am a friend of the amend­ of government. in my humble opinion-and I put myself ment and probably shall vote for it because I can not retrace in the same class-we are about in the same relative develop­ my steps so far. I want to appeal to the House to stay with ment that medical science was when it bled George Wash­ their opinion of last year in a vote of 229 to 148, and listen ington to death over a hundred years ago. We do not even to the words of Jefferson. quoted here to-day, that we vote recognize that there are natural laws which govern in the our own independent thought, not considering the attitude realm in which you and I work. of another body. That is preliminary to just one general statement I am [Here the gavel fell.J going to try to get across. The Fourth of July orators tell Mr. JEFFERS. Mr. Chairman. I ask unanimous consent us about the fact that the fathers met in some constitu­ that all Members who have been recognized be permitted five tional conventions and arranged our system of government legislative days to extend their remarks. with three coordinate branches. The truth of it is, of The CHAffiMAN. Is there objection? course, that the people who sat in the Constitutional Con­ There was no objection. ventions did not have a single thing to do with reference The CHAIRMAN. All time has expired, and the Clerk to the arrangement of our system of Government in three will read the resolution for amendment. coordinate branches. That arrangement of Government had The Clerk read as follows: been developing under natural law through a process of cen­ turies among a people peculiarly gifted with the genius · of That the following amendment to the Constitution be, and hereby ts, proposed to the States, to become valid as a part of said self-government. It was not a debatable question when the Constitution when ratified by the legislatures of the several States constitutional conventions met. The men who assembled as provided in the Constitution. 3856 CONGRESSIONAL RECORD-HOUSE ~ }fEBRUARY 13 -

Mra _CELLER.. Mr. Chairman, a parliamentarY- inquiry, ment by the House and. the Senate and the ratification by The CHAmMAN. The gentleman will state it. the States must be contemporaneous. They must. be related Mr.. CELLER. May an amendment to the preamble be one to the other, and there is good reason for this. offered after the word '~Constitution" in line 4, page 3, or There, must be some homogeneous will on the part of the must we wait until the first section has been read? entire people expressed, not necessarily a.t one moment but The CHAIRMAN. The amendment should be offered now. during a reasonable period of time, and the court has held Mr .. CELLER. . Mr. Chairma~ I offer an amendment. that se~n _ years can. be deemed a reasonable period. We The Clerk read as follows: are safe, therefore, in providing for seven years. The court ·Amendment offered by Mr. CELLER: On page 3, line 4, after the might hold that 10 years would not be a reasonable period. wol'd "Constitution," strike out the colon and insert "within This might not be "presently" or "contemporaneous." So seven years from the date of the submission hereof to the States in order to remove ambiguity, I think it is, indeed, well to by the Congress." insert in this bill that the ratification by the legislatures Mr. McKEOWN. Mr. Chairman, a. parliamentary in­ must be consummated within a period of seven years. quiry. It is very significant tha~ most of the successful ratifica­ . The CHAffiMAN. The gentleman will state- it. tions have occUlTed within four years. Prior to the eight­ Mr. McKEOWN. Has the amendment of the committee eenth amendment there were 17 amendments, and 17 were been offered? adopted in one year. The CHAmMAN. The committee amendment is pending I respectfully urge that the amendment be adopted. under ·the special rule. [Here the gavel fell.] Mr. McKEOWN. Is it proper at this time to attempt to Mr. JEFFERS. Mrr Chairman, I rise in opposition to the amend the committee amendment? amendment. ' The CHAffiMAN. That is proper. Mr. Chairman, if this amendment has any virtue, which Mr. RAMSEYER. Mr. Chairman, I .do not know whether I doubt, and I am not going to argue the merits of the the colloquy between the Chair and the gentleman from amendment at this time, because I think it is very clear Oklahoma [Mr. McKEoWN] is with. respect t~ any question that it is out of place where it is being offered; but if the of policy or not. We did not get the gentleman's question. amendment has any virtue and is entitled to any considera­ Mr. McKEOWN. · The question was whether or not the tion, I think it should be offered at the end of the resolu,. amendment to the committee amendment could be con­ tion as an additional section, and then if it should be sidered before the committee amendment was offered. adopted it would-be a part of the constitutional amendment. . Mr. RAMSEYER. That was taken care of by the rule As it is now offered it would only be a part of the proposal yesterday. _ · clause of the constitutional amendment but would not be in Mr. CELLER. Mr. Chairman, the only purpose in offer­ the constitutional amendment. · · iilg this amendment is to remove whatever there may be of Mr. CELLER. Does the last clause of section 5 refer to ambiguity in the bill, as I see it, concerning the period sections 1 and 2.? · during which ratification may be perfected. Mr. JEFFERS. U the gentleman wants his amendment Article V of the Constitution makes no provision with in the Constitution, it should go in · as a new section, or reference to the time within which ratification may be had, section 6. As he.has now offered it, it would be of no avail, either by the State legislatureS" or by the conventioilS' as­ as he is offering it as a part of the proposal clause and not sembled in the states. U we do not put some limitation in as a part of the proposed . constitutional amendment. Let . this proposed amendment, seven years or. some other rea­ me suggest to the gentleman-th'at he withdraw his proposed sonable provision, we might have a situation develop where amendment at this point and then offer it, if he desires to one State would ratify this year, another State would do so, at the point where it might properly be considered. ratify next year, and the procedure might continue along for Mr ~RAMSEYER. Mr. Chairman, I move to strike out the 20 years. The question would then arise whether or not 20 last word. The amendment ·proposed by the gentleman years is a due and proper period of ratification within the from New York is ·somewhat similar to the amendment that spirit and letter of the Constitution. I intend to offer at the end of the resolution. The gentle­ We have a decision of the United States Supreme Court, man will probably recall the amendment that was offered a very important decision, and 'I hardly think we should act, by the gentleman from Tennessee, Mr. Ga.rrett, when the or much less deliberate, upon this proposition Unless some resolution was up in 1928. - The amendment I shall offer is knowledge is brought to us concerning this decision. the same as the Garrett amendment. When tile eighteenth amendment was tested in the Su­ The gentleman from New York referred to the Supreme preme Court, the court held as to ratification in the case Court decision, which held valid a like provision in .the eight­ of Dillon v. Gl<>s& (25o U. S. Repts.), that the 7-year pro­ eenth amendment. The eighteenth amendment carried that vision which was attached to the eighteenth amendment 7~year provision as section 3,.and it was that provision that was a reasonabre provision, and th€m it went on, significantly, the Supreme Court held to be valid. The gentleman from to make this statement--- New York has a good deal the same ideas about. this that I Mr. RAMSEYER. Will the gentleman yield? have. ·.I think we should play safe, inasmuch as the Supreme Mr. CELLER. In just a moment, when I have finished Court has held the provision valid. Would it not be better this statement, I shall be very happy to: for the gentleman to withhold his amendment until after Proposal and ratification- the resolution is read and offer it as a ~eparate section? As embodied in the fifth amendment- Mr. CELLER. The gentleman will offer his amendment are not treated as unrelated acts, but as succeeding steps in a in section 6? single endeavor, the natural inference being that they are not to Mr.. RAMSEYER. ·I intend to offer section 6 as it was i.n be widely separated in time • • • the reasonable implication the resolution that passed the House a year ago word for being that when proposed-- word. That is, when amendments are proposed- Mr. CELLER. 1 am inclined to withdraw my amendment they are to be considered and disposed of presently • • • there in the light of what the gentleman from Iowa has said, but is a fair implication that it must be sufficiently contemporane~us- I want to be certain that if he offers it as a separate section, That is, the ratification- that our purpose will not be defeated by virtue of the fact in that number of States to reflect the will of the people in all that on page 3 of the bill it provides for the. ratification by sections at relatively the same period, which, of course, ratifica­ legislatures without specifying any limit at that point. If tion scattered through a long series of years would not do. the gentleman is certain that it will not defeat our purpose, I take it if through a long period of years there are sepa­ I am willing to withdraw my amendment. rate ratifi-cations by various States, that would not, in the Mr. RAMSEYER. I am confident-! will not say certain.....:. spirit of this decision, be an appropriate ratification of the that it is. not subject to a point of order. Section 6 goes to Constitution. In other words, the proposal of the amend- the entire article, as to how it shall take effect. It appears )..932 _CONGRESSIONAL RECORD-HOUSE 3857 in the eighteenth amendment as the last section of the the main thing in this resolution, is not the " lame-duck " amendment. It has appeared at the end of the resolution feature, because Congress can change that under the Consti­ both times it was·before the House ill 1928 and again in 1929, tution as it is at the present time; but the main thing is the and I am confident that is the place for it. fact that the election for President may be thrown into the Mr. MICHENER. Will the gentleman yield? House of Representatives, and it should come before a Con­ Mr. RAMSEYER. I yield. gress recently elected at the time when the election is held 1.\.lr. MICHENER. Yesterday, when the rule was up I in­ for the President of the United States. I withdraw the pro quired about section 6 of the resolution as it passed the forma amendment. House last year and gave notice that an amendment would Mr. LEHLBACH. Mr. Chairman, I offer the following be offered-is that the amendment to which the gentleman amendment, which I send to the desk: referred? The Clerk read as follows: Mr. RAMSEYER. Yes. Amendment offered by Mr. LEHLB.-\CH: Page 3, line 3, after the Mr. MICHENER. The amendment included a provi­ word "by," strike out the words "the legislatures of" and insert sion-- " conventions chosen for that purpose in." Mr. PARSONS. Mr. Chairman, we can not hear what is Mr. LEHLBACH. Mr. Chairman, the purport of my going on. amendment is so plain that it does not require any extended Mr. RAMSEYER. The gentleman from Michigan wants explanation. It substitutes for ratification by the legisla­ to make sure that the amendment I am going to offer is tures of the States, ratification by conventions chosen for the same he proposed yesterday in the debate on the rule. that purpose. Every amendment to the Constitution is of Mr. PARSONS. Will the gentleman yield? sufficient importance that it be dealt with upon its merits, Mr. RAMSEYER. Yes. to the exclusion of other questions, and not as a sort of Mr. PARSONS. I want to say that the legislatures of some petty chore for legislatures when matters are pending which States meet every two years, and some every four years. to the legislators may seem to be more important. Par­ Why not make it four years or five years? ticularly this amendment is entitled to careful consideration Mr. RAMSEYER. Well; the amendment is not up now. by the people and to action by the representatives of the I shall be glad to discuss that when it is up. Right now, I people chosen by them after they have had an opportunity am trying to get the gentleman from New York to withdraw to give it careful consideration. Many questions are to be his amendment and offer it at the end of the resolution. considered with respect to this resolution. Is it proper for Mr. CELLER. Mr. Chairman, I will withdraw my amend­ a defeated, outgoing administration to prepare the Budget ment. for the next administration; or, on the other hand, is a new The CHAIRMAN. Without objection, it is so ordered. administration with new department heads, the first thing Mr. McKEOWN. Mr. Chairman, I move to strike out the it comes in, before it knows what its functions are, qualified last word. Mr. Chairman, I have not attempted to take any to prepare estimates and the Budget. There are many ques­ time to discuss this resolution. The. question of the " lame­ tions of this sort in this resolution that are not apparent, duck " Congress is a question, to my mind, that is not the but that can be brought out in debate in a campaign in important thing in this resoLution. Congress can change the which members of a convention are elected to pass upon time of its meeting when it sees fit. That is in the Consti­ them. As I say, every amendment to the Constitution merits tution. It does not take a constitutional amendment to consideration by itself, and not as a side issue by a legisla­ change it. But the vital thing that underlies this legislation ture. is, in the event an election of the President of the United Mr. BLANTON. Mr. Chairman, I rise in opposition to the States is thrown into the House of Representatives that that amendment. Very few people have anything whatever to do election will be conducted by new Congressmen coming di­ with the selection of delegates to a convention, and the peo­ rectly from the people, who have the interest of the people ple generally have very little voice in conventions. Dele­ at heart when they come to cast their votes in that election. gates are usually selected through the manipulation of two What right has the House of Representatives to sit and or three politicians. After you elect the delegates and they determine an election at which perhaps more than half of go to a convention and the convention takes action, the con­ the Members have gone down to defeat in the previous elec­ vention is responsible to nobody. There is no one who can tion of the President? The fundamental thing that under­ hold it responsible, but legislatures are responsible to the lies this amendment is to have the new Congress elect act, people for what they do. The members of a legislature are a Congress that will come so recently from the people as to elected by the people. They are the chosen representatives respect the sentiment and votes of the people in the election of the people, and if they do not do as they promised the of a President of the United States. In view of the fast­ people they would do, the people have a means of redress growing blocks in this country, in view of the fast-growing by removing them from office in the next election. Tnere­ groups in this country, in view of the great difference in the fore I am in favor of ratification of . all amendments by leg­ ideas of economic conditions in this country whereby the islatures chosen by the people and not by conventions, the interests of one particular part of the country are in oppo­ acts of which would be the result of manipulation. sition to another part of the country, it seems to me that I can see where my friend, the gentleman from New Jer­ this matter ought to be considered very carefully. If we ever sey [Mr. LEHLBACH], would want it done by convention, be­ have any trouble in this country, it is going to be over eco­ cause he has so long been a member of a party that ma­ nomic conditions, because the economic situation in one nipulates through conventions, led by a few important lead­ part of the country is different from that of other portions ers, of which he is one, that such method suits him: but I of the country, and what will help that part of the country prefer for the people to have their little voice in all such is possibly detrimental to other portions of our country. matters, and -I am strictly against ratification by the con­ The one great thing that we have to guard against in the vention method. future to preserve the cotmtry is going to be a determination Mr. LEHLBACH. Will the gentleman yield? on the part of the lawmakers of the country to do exact Mr. BLANTON. I yield. justice between all parts of the Union. It will be the obliga­ Mr. LEHLBACH. Doe::, not the gentleman utterly con­ tion of men coming from my part of the country to see to it fuse a convention for the purpose of passing on a constitu­ that proper laws are enacted to protect the interests of the tional provision with a convention to make nominations?. great Northwest and the great Northeast, just as it is to see Mr. BLANTON. Oh, no. No matter how it is chosen or that fair and equitable laws are passed to protect the eco­ for what purpose it is chosen, to whom is it responsible? nomic conditions of the people that I represent. That is It is responsible to nobody. It can do what it pleases and going to be in the future the great contest in America for its there is no power that can call it to account. A legislature preservation, and it will be the obligation of Congressmen to can be called to taws by the people who elect it. meet the economic requirements with fairness and justice to My views on this " lame-duck " resolution are known all varts of the country. I repeat, the underlying principle, already. I do not have to debate this question again. I have 3858 CONGRESSIONAL RECORD-HOUSE _FEBRUARY 13- debated this matter from the :floor in several Congresses. have been mismanaged. They want us to stop wasting pub­ The RECORD contains my views. lic money. They know how it has been spent by the White But I do want to say that I am uncompromisingly against House. They do not like the policy of the retiring Secretary the amendment that is going to be proposed from the :floor of the Treasury, who retires to-day. Who, aside from Sec­ to increase the term of office of a Member of the House of retary Mellon and probably Ogden Mills and probably the Representatives from two years to four years. One of the President, are as well off now as they were when Secretary greatest safeguards which the American people now have to Mellon went into office? Nobody. They are the only three insure their wishes being observed is the fact that every one that I know of who are as well off to-day as they were when of us every two years has to go back and account to them that regime started. All the rest of us are worse off, and for our stewardship and get our commission fresh again people are looking more to the House of Representatives from the people. It is a great safeguard to the people, and right now for proper protection and proper relief than they I hope that if such amendment is passed here, attaching to are looking to any other agency in the United States. the Norris proposal a 4-year term, that the people, exercising Mr. HO\VARD. Will the gentleman yield? · their sovereign rights, will cause their legislatures to refuse Mr. BLANTON. Certainly; but I only have three minutes. to ratify it, because it is safer for them to have Representa­ Mr. HOWARD. I just wanted to ask the .gentleman if he tives come back to them and be indorsed every two years. could point to any action that this House has taken since · Mr. LEWIS. Will the gentleman yield? it assembled that is in harmony with the wishes of the Mr. BLANTON. I yield. people? · . Mr. LEWIS. How about the 6-year term of Senators? Mr. BLANTON. Oh, that is because the President has Mr. BLANTON. Oh, they are so far removed from the deluged us with his many hurried and desperate so-called people already that the people have ceased to regard them relief measures. He has demanded that Congress pass them as of very much value. [Laughter.] The people look to the immediately. I am afraid that Congress has passed many Members of the House to carry out their wish and will. The of them blindly. But when we recover our equilibrium people back home look to the Members of this House to things will be different. protect them in their rights. [Here the gavel fell.] Mr. FULBRIGHT. Will the gentleman yield? Mr. GIFFORD. Mr. Chairman, this amendment has been Mr. BLANTON. I yield. considered each time the resolution has been considered. Mr. FULBRIGHT. Is it not a fact that during the past No amendment to the Constitution has ever been ratified in few years the Senate of the United States has been far more that manner. I took great pains to read from the Debates progressive and more responsive to the will of the people of 1803 why the twelfth amendment was not ratified by than has the membership of the House? [Applause.] convention rather than by the States. Mr. BLANTON. I am not permitted to discuss tlle Senate. I want to quote the exact words of Mr. LucE in the debate But, with all due respect, I know of a legislative body other of last year. than this House which is known better for its dignity than A State convention once having assembled 1s the embodiment anything else, and, with all due respect to it, I have never of the sovereignty of the State, is a law unto itself, and may con­ heard it praised for economy until this year. sider any question that it sees fit to take up. [Here the gavel fell.] It has always been the feeling of those who oppose the Mr. BLANTON. Mr. Chairman, I ask unanimous consent convention system or- ratifying amendments that such con­ to proce.ed for three additional minutes. · vention might bring something else before it. We were told • The CHAIRMAN. Witho~t objection, it is so ordered. last year that the State of Illinois had long resisted a con­ There was no objection. . vention for any purpose lest the question of redistricting The CHAIRMAN. The Chair desires to call the attention might be brought up. It has been stated that other States of the committee to the nile of the House in regard to speak­ have resisted conventions because there were outside ques­ ing•about the other body. The gentleman will proceed in tions that would surely be brought before the convention. order. . Mr. LEHLBACH. Will the gentleman yield? Mr. BANKHEAD. Will the gentleman yield?. Mr. GIFFORD. Yes. Mr.' BLANTON. I yield. Mr. LEHLBACH. Of course, a State convention may deal · Mr. BANKHEAD. Inasmuch as I am the one who pl·o­ with anything after it is constituted, but a convention called posed the 4-year term, in view of what the gentleman just for the purpose of amending the Constitution of the United said about the United States Senate, I am wondering if the States can only deal with that which is submitted by two­ gentleman himself has changed his opinion since he was a thirds of the votes of both Houses of Congress. candidate for that high office? [Laughter.] Mr. GIFFORD. That is a question which I hope the Mr. BLANTON. That is a fair question. We all make Supreme Court will settle some day, but up to date all au- · mistakes. I made one. I discovered that I made .a terrible thorities have resisted that argument. It is claimed that mistake· when I thought there was more honor over there once a convention is assembled it can bring· forward any­ than there is here. thing it pleases. Mr. FULBRIGHT. Will the gentleman yield? Mr. CELLER. Will the gentleman yield? Mr. BLANTON. I yield. Mr. GIFFORD. Yes. Mr. FULBRIGHT. I would like to ask the gentleman if Mr. CELLER. Is not the gentleman confusing the ques­ the contempt in which the gag ru1e is held by people tion of proposal with ratification? State conventions may throughout the country did not originate in the House of propose and consider other matters at a ratification con­ Representatives? vention. Mr. BLANTON. Oh, that is because we Members for a Mr. GIFFORD. That is it exactly. while permitted it. There is not any gag ru1e here now; not Mr. CELLER. But that would not militate against the a bit. The most humble Member of this House has an op­ argument of the gentleman from New Jersey [Mr. LEHL· portunity, if he knows the ru1es, to get up here and express BACH], and it has nothing whatsoever to do with it, as far his sentiments at any time. If he does not learn the ru1es, as I see. The States may propose, but as far as the delib­ he ought to get out of here, because without an intimate erations of that convention are concerned they need oi:.ly be knowledge of the ru1es he is as helpless as a carpenter with­ limited, as far as a national amendment is concerned, to the out a hammer and saw trying to build a house. I say this ratification of it. body is the real representative body of the people who look Mr. GIFFORD. The gentleman is exactly correct. I to us for proper redress. stated that once called into session they can propose any What is the condition of the country now? The people subject they may desire. are all dissatisfied. They want us to change unbearable Mr. LEHLBACH. But the Constitution itself says that no concUtinlls. The people are dissatisfied with the administra­ amendment may be considered unless it is submitted by tion. They are highly displeased with the way public affairs Congress. 1932 CONGRESSIONAL RECORD-HOUSE 3859 Mr. GIFFORD. That may be as far as considering a point of order I call the attention of the Chair to the deci­ national amendment is concerned, but I was speaking about sions upon similar amendments to similar resolutions in this any other proposal that might be made. House, especially the decision by Chairman LEuLBACH, which Mr. HASTINGS. Mr. Chairman, may the amendment be is printed in the House Manual, volume 31, section 952 (a), again reported? in which the decisions of Speakers and Chairmen of the The CHAIRMAN. Without objection, the Clerk will again Committee of the Whole House on this question are collated, report the amendment. analyzed, and applied, and from which it conclusively 'ap­ There was no objection. pears that this amendment is not germane either to the sec­ The Clerk again read the amendment. tion or to the bill. Mr. LOZIER. Mr. Chairman, I rise in opposition to the The CHAIRMAN. Does the gentleman from Alabama de­ amendment. I think there can be no question as to the sire to be heard on the point of order? power of Congress to determine in what manner a proposed Mr. BANKHEAD. I do, Mr. Chairman. v.mendment shall be ratified, whether it shall be submitted Mr. Chairman, in as few words as I may properly do so, to the legislatures of the several States or to conventions I desire very earnestly to ask the indulgence of the Chair called for that purpose. Dual plans are authorized, and while I undertake to show that while a former decision has Congress, in its wisdom and judgment, may designate which been made upon this proposition, presented in a somewhat plan shall be followed. different form, yet, in my opinion, the conclusions reached by I am opposed to this amendment, because I think it is the then Chairman of the committee are unsound. absolutely unnecessary and because it would entail a tre­ The gentleman from Missouri [Mr. LoZIER] has interposed mendous expense upon the 48 States of the Union, an un­ the point of order against this amendment that it is in con­ necessary expense which would increase the almost unbear­ ti·avention of the following rule: able burdens under which the Commonwealths of this Nation And no motion or proposition on a subject different from that are now staggering. under consideration shall be admitted under color of amendment. If this ·resolution were a new proposition that had not I realize, of course, as I said in the beginning, that I am been the subject of discussion for more than a decade, if in the position of an attorney appealing for a new trial, as the newspapers of this Nation had not for many years dis­ it were; but I have undertaken to give some consideration to cussed this proposition in au-of its details, if it had not the philosophy of these rules and to the common sense upon been discussed in Congress for 10 or 15 years, and if it had which they are based, and I feel that times do arise in the not already been sold to the American people there might history of a legislator when he is justified in appealing not be justification in the proposition to call conventions in the only to the judgment of the Chair but sometimes to the several States for the purpose of bringing this proposed judgment of his colleagues upon a question of this import­ amendment directly to the electorate, to the end that they ance; and, of course, the importance of the question that is might have an opportunity to inform themselves as to the now presented is not the merits of this amendment but the provisions of this proposed amendment; but the pending proper construction of the rules of the House as to the resolution has been thoroughly discussed and its provisions germaneness of this proposition. thoroughly understood by the American people. Under our Now, what does this resolution undertake to do, Mr. Chair­ system of government and under our procedure for amend­ man? It will be observed that the original proposition, the ing the ConstitutiOil, may I say that there never has been a Senate bill, proposed an amendment to the Constitution of constitutional amendment submitted for ratification that the United States fixing the commencement of the terms of had not previously been the subject of years and, in many President and Vice President and Members of Congress and instances, decades of public discussion and disputation. No fixing the time of the assembling of Congress, and then fol­ amendment has ever been submitted until the American lowed the Senate resolution. The House committee, in its people, -through the Congress, by the press, from the plat­ wisdom, struck out the entire Senate bill and has substituted form and forum had not been advised as to the details of in its stead an entirely different proposition, and it does not the proposed amendment. Consequently, the adoption of undertake, in the title of the House bill which we are now the amendment offered by the gentleman from New Jersey considering, to propose an amendment to the Constitution would lay upon 48 Commonwealths an enormous burden in fixing the commencement of the terms of President and Vice the form of increased expenditures which would have to be President; but, upon the contrary, it provides- raised by taxation, and if there ever was a time when this Congress should not place a burden of that kind upon the That the following amendment to the Constitution be, and hereby is, proposed to the States, to become valid as a part of said 48 American Commonwealths now is that time. No useful Constitution when ratified. purpose could be served or promoted by submitting this amendment to conventions rather than to the legislatures So that in its essence, Mr. Chairman, the amendment of the several States, and would impose a heavy and un­ here, in its various sections, is proposing a new amenduJ.ent necessary burden of expense on the States. Therefore I to the Constitution of the United States in terms therein set hope the committee will not adopt the amendment offered out. by the gentleman from New Jersey. There is nothing said in this House resolution about the The CHAIRMAN. The question is on the amendment time when any term shall commence. Upon the contrary, offered by the gentleman from New Jersey. section 1, to which I am now addressing myself-and I de­ The amendment was rejected. sire to read it and have it incorporated in the RECORD in connection with this argument-provides: The Clerk read as follows: The terms of the President and Vice President shall end at SECTION 1. The terms of the President and Vice President shall noon on the 24th day of January, and the terms of Senators and end at noon on the 24th day of Janu9.ry, and the terms of Sena­ Representatives at noon on the 4th day of January, of the years tors and Representatives at noon on the 4th day of January, of the in which such terms would have ended if this article had not years in which such terms would have ended if this article had been ratified; and the terms of their successors shall then begin. not been ratified; and the terms of their successors shall then begin. So what is the essence of the problem with which we are Mr. BANKHEAD. Mr. Chairman, I offer an amendment. dealing? What is the_language of the bill itself? What is The Clerk read as follows: the material out of which this proposition is constructed? What are the essential features in connection with it? Why, Amendment offered by Mr. BANKHEAD: After the period, 1n line 11, page 3, insert a colon and the following: "Provided, That it deals wholly and exclusively with the ending of the terms the terms of Representatives shall end as herein provided every of three different sets of persons, President, Vice President. fourth year after they are chosen by the people of the several United States Senators and Representatives in Congress. States." They say it is not germane under the rules of the House, Mr. LOZIER. Mr. Chairman, I make the point of order where a proposition here is proposed fixing the ending of aga.inst the amendment that it is not germane to the bill or the term of Representatives ·to undertake to extend that to the section which has been read, and in support of my principle of the ending of a term and say when, in the 3860 CONGRESSJONAL RECORD-HO.USE ;F.EBRUARY 13

judgment of the House, it shall end. This is the crux of In other words, Mr. Garrett, by asserting the proposition this whole proposition and why, upon a sound basis of rea­ that here was the resolution that in three essentials under­ soning, is it not fundamentally germane to the issues took to amend different sections of the Constitution of the involved in this section? United States-and in this which I am setting out it does not The Chair, of course, is familiar with the propositi6n that even undertake a departure in undertaking to set up a wher~ there are a number of subjects set out in a measure separate section dealing with this matter-held it might well that an amendment setting up some different phase of the be; but I am merely undertaking to add language that will same proposition-that is, the essentials of the proposi­ continue for two years the ending of the terms which are tion-may be held to be germane and ought to be held set eut in the resolution which we are now considering. germane for the consideration of the committee. I am not going to argue the merits of the amendment My friend from Missouri cited some precedents that had here now. I would be very glad to undertake to do that if been cited by the then Chairman LEHLBACH in his opinion, in-the wisdom of the Chair this matter could properly be which appears in the Manual, but I can also cite for the presented to the committee for consideration. The purpose consideration of the Chair-and I am not going to undertake of it is to extend the term of the Members of Congress from to elaborate them, because I want to conserve the time of two to four years, and that is the object I am seeking to the committee as much as possible--well-considered opin­ effect by proposing this amendment. I could cite other ions, delivered by able Chairmen of the Committee of the authorities upon it, but the matter has been fully discussed, Whole, which, it seems to me, sustain the fundamental and that is all I believe I care to say upon the proposition. soundness of my attitude upon this proposition. Mr. LEHLBACH. Mr. Chairman, I do not desire at this In Hinds' Precedents, volume 5, section 5582, this prin­ time to discuss the merits of the point of order, but to cor­ ciple is announced: rect an error on the part of the gentleman from Alabama. To a bill proposing one mode of arranging the presidential suc­ He referred to a decision in the last Congress as a decision cession, an amendment proposing a joint resolution for submitting of the Chairman of the committee, but by reason of the a constitutional amendment on a plan differing as to details was appeal from the Chair to the Committee of the Whole House held germane. on the state of the Union the decision of the Chair was Now, when I merely seek to extend by amendment the merged in the decision of the House itself. term of a Representative, surely that is more germane than Mr. BANKHEAD. But I think we have a considerably the proposition proposing a joint resolution for submitting a cWierent personnel in the present House. constitutional amendment on a plan differing as to details. Mr. STAFFORD. Mr. Chairman, unless the Chair has Vfhat is the effect of the amendment? They -will_argue made up his mind, I would like to be heard for a few min­ that it merely fixes the commencement of these terms. As utes. Otherwise I do not care to take up the time of the a matter of fact, when you analyze the effect of it, it is committee in discussing this mooted question of germane­ going to be a shortening of the term of a Representative by ness. two months. How ridiculous it appears to me, in the matter The CHAIRMAN. The Chair would be glad to hear the of cold reasoning, that to a bill shortening the term it gentleman. ' would be beyond the scope of the rules of the House to offer Mr. STAFFORD. The Chair will notice that the pending an amendment extending the time of a Representative, or resolution in no wise seeks to change the term of Representa­ saying when it should end. tives as the Constitution, in section 2 of Article I, provides, That is all that is involved here. The whole subject relates or the time of Senators as the Constitution, in section 3 of to the end of the term, and my proposal simply provides, as Article I, provides, but merely seeks to fix the date when it was read from the Clerk's desk, when the term should the terms of Representatives and Senators and the term of the President of the United States shall begin. In no par­ end. That is the e~ct language-- ticular does it seek to change the 2-year term of Representa­ That the term of the Representatives shall end at noon on the tives as provided by the Constitution, the 6-year as pro­ 4th day of January. vided for Senators, or the 4-year term as provided for the My amendment provides that it shall end every fourth President. It merely seeks to change the date when their year. terms shall begin. In no way does if seek to lengthen their When this matter was up for consideration on the floor term other than as it may be affected by the date of the of the House, when one of these decisions was rendered by commencement of that term; and with all due respect to the the same Chairman, the gentleman from New Jersey-! w·ant logic of the distinguished gentleman from Alabama [Mr. to read the exact language of a statement made by a former , BANKHEAD] I respect.fully contend that it is· rather sophistry Member of this House-and I say this without any criticism to argue that because merely the date is attempted to be of the ability of my present colleagues, this man had the affected when the term will begin, that, ergo, we have most luminous intellect of any man that I have come in authority to change other substantive provisions of the contact with in my service, a man who was as familiar with Constitution which pertain to the fixed length of terms of the philosophy of the rules of the House as any man who Representatives, Senators, and the President. has served here. Mr. BANKHEAD. Mr. President, will the gentleman He sustained the reasoning that I am now suggesting. yield? He said: Mr. STAFFORD. Yes. Mr. GARRETT of Tennessee. Mr. Chairman, I should like to say Mr. BANKHEAD. The gentleman constantly refers to the that I am addressing myself purely to the parliamentary situation fact that this seeks to change the term when it shall begin. . and in no way to the merits of the amendment, because I Jo not I would like the gentleman to refer to any clause in my happen to be in sympathy with the amendment. proposed amendment which does that. On the contrary, the We have here before us a resolution which contains three dis­ tinct, separate, and unrelated propositions. Sections 1 and 2, whole proposition is based on the idea of when terms shall standing alone, would be complete. In other words, the integrity end. of those sections would not be affected in any way if the House Mr. STAFFORD. The words are coterminous, so far as should conclude to strike out all the remainder. So of section 3 a nd so of section 4. Therefore it would seem to fall within the the language of the section is concerned. It says that the line of decisions that where a measure contains two or more sub­ terms shall end on a certain date. True; but the term that Jects it is in order to offer a third subject of the same class. I ends is the beginning of another term, and in no wise here ·in call the Chair's attention to citations from the Manual, which this resolution is there an attempt made to extend the state: "Thus, the following have been held to be germane: To a bill length of the terms of the respective officials whose terms admitting several Territories into the Union, an amendment add­ of office are sought to be terminated, except in one instance ing another Territory; to a b111 providing for the construction of only, and that is the ending and the inferential beginning of buildings in each of two cities, an amendment providing for the succeeding term. . similar buildings in several other cities; to a resolution embodying two distinct phases of international relationship, an amendment I direct attention to the fact that this bill also affects the embodying a third." method of electing the President in case there is a vacancy 1932 CONGRESSIONAL RECORD-HOUSE' 3861 either by death or by some happening that may occur after recall-the question of lengthening the term of Representa­ the President elect has been elected by the Electoral College, tives. or in case the Vice President has not qualified to fill that Mr. KELLER. Will the gentleman yield? position. ·The gentleman relies for his major support on Mr. STAFFORD. I yield. the argument that his amendment shall be in order because Mr. KELLER. Is it not true that this amendment shortens this resolution relates to more than two subject matters. It the length of the term? is true that it relates to more than two subject matters, l'v!r. STAFFORD. It only shortens the length of the term namely, the change of the date when the terms of the Rep­ in that contingency when the amendment has been adopted, resentatives and Senators shall begin or end-I care not so and must necessarily shorten the term. Otherwise there much which way he wishes to refer to it-and of the Presi­ could be no change in the date as established by law when dent; and also how the office of the President and Vice our Government began. President shall be filled in case of ce1tain eventualities, but ·rt was a legislative anachronism that March 4 was de­ the very basis for the rule of germaneness as supported by termined ·upon as the date for the beginning of the Gov­ the later decisions of the Chair is that the House should be ernment and of the congressional terms and senatorial protected against the consideration of any proposal unless terms. Now we are seeking to change that one date, March it may appear as a reasonable presumption that that pro­ 4, and bring it back to January 4, and to that extent only, posal has first received the deliberate consideration of the after this amend{nent, the terms of Representatives and committee. No one can reasonably claim that this com­ Senators will be shortened, and thereafter the provisions of mittee, whose one purpose has been to seek to terminate the the Constitution, to which I have referred, as to the terms hold-over sessions of Congress after an election, has given by of Representatives and Senators and President will be ap­ any phrase or clause in the Senate proposal, or in the House plicable, namely, 2 years, 6 years, and 4 years. substitute, consideration to the lengthening of the terms of Mr. KELLER. Will the gentleman yield further? Representatives or Senators, or of th~ President. The mere :Mr. STAFFORD. I yield. fact that this resolution embodies two distinct proposals Mr. KELLER. If this amendment does shorten the term, does not give a Member the right to add another proposal is it not equally true that it may lengthen the term? foreign to that which has been considered by the committee Mr. STAFFORD. Oh, yes; in this one particular: It was and which is being now considered by the Committee of once proposed that instead of having March 4 as the date the Whole House on the state of the Union. That is the when Congress should begin its work it should be April 30. very fundamental principle of the rule of germaneness. All this arose as the result of bad weather conditions during Otherwise the House would never come to an agreement President Taft's inauguration, when we had a tremendous on any proposal. There is one thing for consideration, as snowstorm and the proceedings had to be held indoors. It submitted by the Senate resolution and as submitted by was then proposed that we would extend the time until the substitute offered by the committee, and that is merely April 30. If in the judgment of the House they wish to these proposals changing or ending the date of the terms change the date from March 4 to April 30 or May 4, that is of Representatives, Senators, and President when this pro­ within their province, but you can not effect something that posed amendment to the Constitution is ratified. Other is not under consideration, namely, the lengthening of the than that, the question is foreign. The Chair will find many terms of Representatives, President, and Senators. decisions where the Chair has held that although the bill re­ Mr. LOZIER. Will the gentleman yield? lates to 2, 3, or 4 distinct, substantive propositions you can Mr. STAFFORD. I yield. not engraft, for the consideration of the House or the com­ Mr. LOZIER. If I understood the gentleman from Ala­ mittee, another distinct, substantive matter that has no bama when he interrogated the gentleman from Wisconsin, I direct relation t·o the matters proposed. the gentleman said this section dealt with the time the The rule of germaneness is for the protection of the terms should end, and nothing with reference to the time House. Being for the protection of the House it is for the when the terms should begin. The last sentence provides: protection of the legislative integrity of the House in safe­ And the terms of their successors shall then begin. guarding againSt ill-advised, unconsidered legislation that The section not only provides when the term shall end, but has not been given consideration by the committee, or can it provides when the term shall begin. not be presumed to have been given consideration by the Mr. STAFFORD. If the gentleman will read section 2, committee. instead of stating that the term shall end, it says the term Mr. BANKHEAD. Will the gentleman yield? ihall begin. Mr. STAFFORD. I yield. Mr. BANKHEAD. I have great respect for the gentle­ Mr. BLANTON. Will the gentleman yield for a ques­ man's opinion as a parliamentarian. but I do not believe tion? that upon reconsideration the gentleman would definitely The CHAIR:rv1AN. The Chair is ready to rule. take the position that the Chairman of the committee, in The gentleman from Alabama [Mr. BANKHEAD] offered an undertaking to construe a question of germaneness, should amendment to section 1 of the resolution in words as follows: have put upon him the burden of undertaking to determine Provided, That the terms of the Representatives shall end as herein provided, every fourth year after they are chosen by the what was in the mind of the committee reporting the bill. people of the several States. but, upon the contrary, he should be confined strictly to the language contained within the four corners of the docu­ The gentleman from Missouri raised a question under a ment. That is the only definite expression of what the com­ point of order as to the germaneness of the amendment to mittee had in mind. the pending resolution. The amendment offered by the Mr. STAFFORD. I agree with the gentleman's statement gentleman from Alabama seeks, as the Chair has stated, to that the Chairman should consider only what is within the amend section 1 of the pending resolution by lengthening purview of the definitive propositions that are submitted to the terms for which Members of the House of Representa­ the House. What are those definitive propositions? There tives are elected. Article I, section 2, of the Constitution of are only two. One, when the present term of Representa­ the United States, provides- tives, Senators, 3tnd the President shall end, after ratification That the House of Representatives shall be composed of Mem­ of this proposed amendment; and, two, the filling of the bers chosen every second year by the people of the several States. vacancy of President, in case of death or otherwise, in case Therefore, the amendment offered by the gentleman from of some unforeseen occurrence. Those are the two substan- Alabama seeks to amend this section of the Constitution by . tive propositions. electing the Members to the House of Representatives for a Now, it is proposed to bring up a question which has not term of four years instead of for a term of two years. been under consideration in general debate, which has not The present section 1 of the joint resolution is one which been given any consideration by the committee, which has seeks to amend Article I, section 4, of the Constitution, not been given any consideration at any time, so far as I which is: 3862 CONGRESSIONAL RECORD-HOUSE, FEBRUARY 13

~ The . Congress shall assemble at lea.st once in every year, and that. It is a question involving the Constitution of the such meeting shall be on the first Monday in December ~ess United States, and when as Members of this House we go they shall by law appoin.t a di1Ierent day. to dealing with that instrument certainly_we ought to have The pending resolution does not, therefore, seek to change some privilege of expressing our independent views upon by legislation the terms of the Members of. the House of it in terms other than already laid down for us to follow Representatives, with the exception of the change which by the committee presenting it and only asking a change as must necessarily follow if the amendment is ratified by the to the ending of the terms there mentioned. [ApplauseJ several States and becomes a part of the Constitution of Mr. BLANTON. Mr. Chairman, I ask recognition in the United States, :ln shortening the terms of Members for opposition to the motion. of the gentleman from Alabama. one Congress. Mr. LEWIS. Mr. Chairman, I rise in favor of the motion The subject of the resolution is for the time of the con­ of the gentleman from Alabama. vening of the Congress. The subject of the amendment The CHAIRMAN. The gentleman from Texas is entitled offered by the gentleman from Alabama is for the lengthen­ to prior recognition. ing of the terms of the Members of the House of Repre­ Mr. BLANTON. Mr. Chairman,. I submit to my colleagues sentatives. Clearly, in the mind of the present occ-upant oi the committee that the opinion of the Chair is clear, dis­ of the chair, the amendment falls under the purview of tinct, able, profound, and follows the decisions of previous section 7 of . Rule XVI of the House of Representatives, chairmen of this House for several years, and especially fol­ which is: lGws an appeal to the House where the House itself upheld And no. motion or proposition on a subject c::Wferent from that the decision of the Chair. The Chair has fairly stated that under consideration shall be amendment under color of a-mend­ the proposal brought in by the committee does not in any ment. way seek to amend the article of the Constitution which the Within the past four ye~ upon two previous occasions, amendment offered by the gentleman from Alabama seeks to the germaneness of a similar amendment, similar in sub­ amend. , stance, the phraseology just a little different, to a similar Mr. BANKHEAD. Why does it.not deal with that propo­ resolution, has been ruled upon by the then Chairman of sition? the Committee of the Whole House on the state of the Mr. BLANTON. It is an entirely distinct proposition. Union_ In view of section 7 r Rule XVI, of the House of .Rep­ There is nothing in the Norris proposal here which seeks resentatives, as. to the gennaneness of amendments, and in to extend the terms of Representatives in the House from view of the previous. decisions of the former Chairmen, the two to four years. It provides that there shall be a meet­ Chair sustains the point of order. ing o{ the House,_ after the election, on January 4; but after Ml:. BANKHEAD.. Mr. Chairman, I respectfully appeal that first meeting the term of office of every Representative from the decision o:f. the Chair and ask to be recognized. of this House remains just the same, namely, two years. The CHAIRMAN. The gentleman fl·om Alabama is recog­ There is no change in. the Constitution. They are elected nized for five minutes.. in November for their term to begin on January 4, and it Mir. BANKHEAD. Mr. Chairman and gentlemen of the extends after that for two full years until January 4. committee~ of course I have, as I stated in the beginning, Mr. JEFFERS. Will the gentleman yield? profound respect for the necessity of following, as far as Mr. BLANTON. Yes. they are consistent and logical, the precedents that have Mr. JEFFERS. And the only reason for any change been established by the decisions of Chairmen of the Com­ whatever on the part of the committee reporting this reso­ mittee of the Whole. I have that character of respect for lution was to enable that machinery to become effective. the present able presiding officer over this committee and That is alL for the' views of the distinguished gentleman from New Mr. BLANTON. Certainly. I want to say this: Our Jersey [Mr. L!:m.BA.CB], who was in the chair on both occa­ friend from Alabama, whom we all love and respect, is one sions before when. this question. was presentedr But,. never­ of the finest p.arliamentalri.ans in this House. I had hoped theless, gentlemen, without undertaking to repeat the that; he would be up here saying that " regardless of the argument I attempted to present to the Chair upon the merits of the amendment he would suppott the Chair in presentation of this question, it appears, to me that the his honest ruling: former Chairman. who sustained the point of order and the Mr. BANKHE.AD. Will the gentleman yield? present Chairman of this committee have certainly made a Mr. BLANTON.· I have followed the distinguished gentle· very technical construction of the ru1es of the House as man from Alabama~ I sincerely wish that it were so that affecting this proposition. • I cou1d follow him now. But I am forced to a different The able Chairman in stating his views said that this conclusion. I have seen him on: occasions when he was in matter dealt with the question of changing the times of favor of a proposition stand up and uphold the Chair even the beginning of terms. With all due respect, it appears to though my friend may ha.ve differed from the honest opinion me the· Chairman of the committee was improvident in af tlre Cllair. making that statement, for, as I asserted in the beginning, Mr. BANKHEAD Now, will my firend yield? this whole question is based l:lpon the proposal to amend Mr. BLANTON. Certainly. the Constitution of the United States. I say it is con3istent Mr ~ BANKHEAD. I appreciate the complimentary refer­ with the precedents of this House and it is consistent with ence the gentleman has made to me. but I resent, as a per· the terms. of the phraseology of the section we are now sonal reflection, the statement the gentleman made that if considering to hoid that we are dealing with the proposition I were not the proponent of this proposition I would be of the ending of terms of three different classes of men. voting otherwise. [Applause.] The comm1ttee p-resenting this resolution has undertaken Mr. BLANTON. I did not mean that as a reflection. I to assert its convictions. upon that question. I contend have a high regard for my friend from Alabama, and I know that the Committee of the Whole has tbe right to differ he is honest and sincere. ·He wants his amendment sub­ with the conclusions of the committee with refereiK!e to the mitted to the House; but I do know the gentleman is in ending of the terms and that there should be· submitted favor of upholdim.g the Chair, whether the Chair is Demo­ to- the judgment of the Committee o-f the Whole the question cratic or Rei>Ublican. when the Chair is honest and sincere as to whether or not it has an independent opinum as to and is backed up by the precedents of the House, as is true when these terms should! end. in the present case .. I do this with the greatest and most profound respect for I know that there is: a desire an the part of many Mem­ my friend, the present Chairman, and the former Chairman, bers here this afternoon to have the amendment of the gen­ but I am so thol'oughly convinced of the correctness of my tleman from Alabama considered so that they may have attitude upon this question and that it is a question of the an opportunity to discuss it on its merits. I would not be hlghest privilege, else I wou1d not assume to appeal from adverse to that discussion but for the fa.ct that to overrule the decision of the .chairman of my own committee. There the c;lecision. qf the Chair would be to establish a very unwise · is no- politics involved. It is a more profound question than precedent, one which on the last occasion when a similar 1932 CONGRESSIONAL ~ RECORD-HOUSE ~ 3863" appeal was made from the identical decision the House re­ n'ot only upon the candidates but upon the policies of the fused to establish. Expediency may cause you to change Nation, I think it is entirely reasonable that we should have and establish as a precedent just the opposite of that already a Congress to carry out the policy of the successful presi- established by the House, but I want to register my protest dential candidate. . against it. Mr. MORTON D. HULL. Does the gentleman believe · The CHAIRMAN. The question is, Shall the decision of that is the way it would operate? The ratification might · the Chair stand as the judgment of the committee? come at a time when that would not follow. The question was taken; and on a division (demanded by Mr. BANKHEA.p. I am not considering here question of Mr. BLANTON) there were-ayes 56, noes 106. political expediency, I will say to my friend. So the decision of the Chair did not stand as the judg­ Mr. MORTON D. HULL. No; that is not it at all. ment of the committee. Mr. BANKHEAD. ! ·misunderstood the gentleman. Mr. BANKHEAD. Mr. Chairman, I ask recognition in · Mr. 1-A:ORTON D. HULL. It may happen in the ratifica­ favor of the amendment. tion that the amendment would go into effect so as to make Mr. Chairman, I hardly think it necessary for me to add the 4-year term of the Representatives not coincide with the anything whatever to what I have already .stated with refer­ beginning of the presidential term. The amendment of the ence to the purpose of this amendment. We have now sub­ gentleman has not taken care of that phase of it. mitted to the judgment of the committee the question of the Mr. BANKHEAD. That is a proposition that will have wisdom of the amendment. I did not undertake to argue the to take care of itself. I could not undertake, in a proposi­ merits of the amendment in presenting the statement which tion of this sort, to work out all contingencies that may I made to the Chairman of the committee. arise in a matter of this sort, because we do not know when I want to be entirely candid with the committee in stating the amendment will be ratified. [Applause.] to you that the prime reason that actuated me in undertak­ Mr. LOZIER. Mr. Chairman, I am sorry that this amend­ ing to raise this question four years ago in the House of ment must be considered and determined in the atmosphere Representatives was based upon the constant and unremit­ which has just developed in this Chamber, but which situa­ ting inquiries submitted to me by my constituents at home tion I had no part in creating. May I say that for the gen­ in my district, as well as in other districts, women and men tleman who offered the pending amendment, Mr. BANKHEAD, of intelligence and of character &nd of patriotism, why it of Alabama, I have not only a profound respect but an un­ was, taking me as an illustration, I had to run every two feigned affection, because of his sterling qualities of mind years in a primary and every two years in a general election. and heart. I regard him not only as a valuable legislator Why, we were only sworn in on the 4th day of last March but a man of absolute sincerity, robust character, and integ­ in our present term, and on yesterday I had to file my notice rity of purpose. And in opposing this amendment I want it with the Democratic committee in Alabama as a candidate distinctly understood that I recognize the right of the gen­ for reelection, one year or less than one year after my pres­ tleman from Alabama to propose and aggressively advocate ent term of office began. its adoption. In so doing he is not only within his rights, My friends, it is my solemn opinion that the people of but he is performing his duty as he sees it. He should not be America will ratify this feature of the amendment if it criticized, nor should his motives be impugned, because I am stays on the resolution. It is i..'l conformity with principles sure he is actuated by the same lofty motives which I have of sound, common sense. [Applause.] always found motivated him in his official and personal Mr. FULBRIGHT. Will the gentleman yield? conduct. [Applause.] Mr. BANKHEAD. Yes; I will be pleased to yield. But I can not bring myself to approve this amendment, Mr. FULBRIGHT. I want to ask the gentleman if he is and I am constrained to oppose it, notwithstanding my re­ not thoroughly convinced in his own mind that if this spect for and appreciation of the gentleman who proposed it. amendment is attached to the resolution, it means the death In my opinion the amend.'llent strikes at important safe­ of the resolution? guards in our scheme of government, namely, the provision Mr. BANKHEAD. I may say to my friend that I am glad which gives the people the right to change their Representa­ that he has asked me this question. I am not of that type tives every two years if they are not satisfied with the man­ of representative of the American people in the House of ner in which they have discharged their duties. The provi­ Representatives, representing a constituency of the character sions fixing the term of Representatives at two years and the of mine, that_ wants to come here and vote upon ques­ term of Senators at six years were the result of a compromise tions of this sort because somebody else, somewhere else, has in the convention that framed our Federal Constitution. some form of opinion about this proposition. [Applause.] I There is a profound philosophy underlying this arrangement. am earnestly and sincerely in favor of this proposition, be­ The House is the popular branch of the American Con­ cause I believe in its soundness, because I believe in its sense, gress, at least in theory, and that was the conception enter-· because I believe the American people get tired of being con­ tained by our constitutional fathers. Taxation and revenue stantly harassed with these continual biennial elections, and measures must originate in the House. Those who wrote because I feel that in no sense will it impair the proposition our Constitution zealously guarded the exercise of the tax­ that this is the popular branch of the people in the Govern- ing power, and vested that authority in the House com­ . ment of the United States. posed of Members who came fresh from the people every This is my answer to my distinguished friend. I have two years, and who would be disposed to exercise these great respect, of course, for the opinions of the able Senators powers wisely and moderately, because they would have to who are back of this other proposition, but as long as I am return to the people every two years for a new commission in Congress-and I submit this to the candid judgment of or election. my friend-! am going to stand here and vote what I think Our constitutional forefathers saw fit to write into the is right regardless ·of any outside considerations of policy. I Constitution that the Members of the House must come think this is what we ought to do. I intend to vote for the every two years fresh from the people, and every two years Norris resolution, if my amendment is defeated. they should return to the people to give an account of their Mr. MORTON D. HULL. Will the gentleman yield? stewardship, so the electorate would have an opportunity Mr. BANKHEAD. I yield to the gentleman from Illinois. every two years to pass judgment upon the legislative record Mr. MORTON D. HULL. Would it make any difference of their· Representatives, and to approve or disapprove the to the gentleman from Alabama whether the 4-year term policies which their Representatives supported or opposed, of a Representative coincided with the presidential-election with the further right to change their Representatives, if, year? in the judgment of the people, they failed to reflect the Mr. BANKHEAD. That is another argument that appeals views and wishes of their constituents with reference to· to a great many people. When you go out, as we are going legislative proposals. Inasmuch as the Senators have a . out this year; to make a presidential campaign for the peo­ 6-year term and need not account to their constituents for ple of America by popular vote to express their judgment six years, it is the more important that the people should. •

3864 CONGRESSIONAL · RECORD-HOUSE have Representatives in the House who well understood that ·superseded a Republican indicts himself as being the un­ if they were faithless to their constituents they would be worthy successor of the Republican whom he defeated if he replaced at the end of two years. votes for this amendment to make the term of office of The longer the term of a public official the more liable Members of the House of Representatives four years instead he is to become indifferent to the interests of his con­ of two. [Applause.] I have seen in my term of service here stituents, and the greater the temptation to betray those two distinct occasions when a Republican administration, who gave him a commission to represent them. It would with the President having the support of both Houses, was be exceedingly unwise to change this system and to remove defeated by the people in their .might, so tar as the House or postpone this responsibility and accounting to their con­ of Representatives is concerned, when they turned the Re­ stituents. If the Bankhead amendment becomes a part of publican majority out and put in control a Democratic the Constitution it will tremendously reduce the power of the majority. Are you going, by your vote now, to say that the common people to work their will and will make Representa­ sovereign people of America were wrong in superseding the tives less responsive to public opinion and more indifferent Republican majority? to the welfare of the people they are supposed to represent. A MEMBER. What do you say? It is a wise system which requires every Representative Mr: STAFFORD. I say no. [Applause.] The voice of the to go to his constituents every two years, render an account people in the election of their representatives is the supreme of his stewardship, and allow the people to pass favorable law of the land. I am a believer in the right of the people or unfavorable judgment on his record. If a Representative to have theu· say every two years to determine the personnel is faithless to his constituents, under the present system the of this bodY, regardless of my personal convenience. There people l!laY repudiate him after a 2-year term; but under the is no one in the House who during the last 28 years has had plan proposed in the Bankhead amendment a faithless Rep­ to fight more strenuously for his place here than have I resentative will have four years in which to misrepresent against socialistic organizations, not alone in my home dis­ his people. Under the present system a faithful Representa­ trict but those of the entire country. tive may with reason expect a reelection. The present plan My people, too, have said to me, "Why not lengthen the enables a district to retire an unsatisfactory Representative term of office?" and I have replied to them that I bottom at the end of a 2-year term but also enables them to keep a my position on the fundamental principle of the mandate of faithful servant in office ·for a long term of years if they are the popular will of the people to elect their House of Repre­ satisfied with his legislative activities. sentatives every two years. I am perfectly willing to go This House is supposed to be a progressive body, but our back to the people every two years and give them an ac .. · reputation as such will suffer severely if we incorporate the counting ot my service here. · Bankhead amendment in the·pending resolution. I think it This proposal is merely a bid for the convenience of Mem­ exceecllngly unwise, and, may I say, unfair, for Members of bers. It will be subversive of the principle of popular gov- · this House to incorporate in this resolution a prqvision ernm.ent, of going back to the people and giving an ac­ which is intend~d to lengthen the terms of Members of Con­ counting every two years. gress from two to four years. This would be entirely foreign Let me give you another instance. Back in 1910, under to the purposes of the pending resolution. · The proposition the administration of President Taft,. after the Republicans to lengthen the term of Representatives has not peen advo­ had been in control for 16 yea1-s of all branches of the Gov­ cated in or out of Con~ess, and there is no public demand. ernment, the people turned the Republicans out on the for such a change. Why engraft this proposal on the pend­ tariff issue and the Democrats came in, so far as the House ing resolution? Why take advantage of the popularity of of Representatives was concerned. Are you going to say the pending resolution to extend the term of Representa­ that Speaker Clark and a majority of .the people did not tives in Congress? If the proposal in the Bankhead amend­ have the right to say that the House of Representatives­ ment is sound and there is a public demand for the proposed should be changed in its political complexion when the change, why not present it as a separate resolution and let it ruling party was in opposition to the will of the people? stand or fall on its own merits? It should not be tacked This is fundamental. Do you Democrats now in control on to the Norris resolution, because combining the two of the House of Representatives want to enact an unpopular propositions will, in my opinion, defeat the Norris resolution: piece of legislation, want to kill this resolution entirely, for which there is a widespread public demand. which seeks only· one purpose, and that is to do away with The proposal to abolish the "lame-duck" session of Con­ the irresponsibility attendant _on the hold-over session of gress has been discussed for many years, and there is a Congress, by voting to lengthen the term of office of the nation-wide demand .for this amendment. On the other Members of the House of Representatives to four years? hand, the proposal to extend the-terms of Members of Con­ I am not in sympathy with any-such policy. I would gress from two to four years has not been discussed in Con­ rather go through the rigors of campaigns every two years, gress, in the press, on the platform, or elsewhere; and why and have my votes held up to scrutiny, close scrutiny, of a should that controversial subject be linked with the pending well-informed popular electorate than merely to satisfy my resolution . to apolish the short sessions of Congress and to own convenience by sitting here for four years. provide for presidential succession? If the friends of the Mr. PARSONS. Is it not a fact that the people will have Bankhead proposal think it should be submitted as an the right to pass on this in ·conventions or legislatures? amendment to the Constitution, they . should bring it for­ Mr. STAFFORD. It means the defeat of the one objective ward as a separate and distinct proposition, so it can be ·con-. of this resolution, and that is to do away with the hold­ sidered on its merits or demerits, ·instead of tying it onto' over sessions of Congress. You may' defeat this resolution, the Norris resolution, the effect of which will undoubtedly but I hope ·you will not do it with this undemocratic amend­ be to defeat the pending resolution and make its ratification ment. by the States impossible. . Mr. RA.l'viSEYER. Mr. Chairman, if Members of the I am opposed to extending the term of Representatives House can -get over their excitement and calm· themselves, I from two to four years. I will vigorously oppose this._pro­ should like them to listen to me for a very few minutes. I posal, .not only as an amendm~nt to the ~nding bill but also want you all to understand the situation. Of course, every if the proposition is presented-in a separate resolution. I am once in a while when we have a large representation here, as convinced that it is not for the best interests of the American we have now, we develop a psychological situation. people to make this change. It is an insidious attack against Mr. KELLER. A psychological complex. popular government and the rights of the common people. Mr. RAM:SEYER. Or a psychological complex, ·as the The terms of Representatives should remain two years, which gentleman from Illinois suggests. Respectfully I suggest the will continue in the people the power to change their Repre­ House is in what you might term a state of mob psychology s-entatives every two years if they so desire. · [Applause.] at the present time. We had this amendment before us two Mr." STAFFORD. ·Mr. Chairman, I move to strike out the years ago to extend the terms of Members of -the House last word. Every Democratic· Member in this Chamber who from · two to four years. I made the point of order against 1932 CONGRESSIONAL RECORD-HOUSE 3865 the amendment when it was offered in 1928, and that point rate th~ policies so approved by the people and give them suffi­ cient tnal to fairly and justly test their effectiveness and wisdom. of order was sustained by the Chairman and the Chairman in Under our present system a party placed in power as a result of a turn was, on appeal, sustained by the Committee of the Whole. campaign and election on some plain issue will often find itself I think the present chairman was right in bis ruling a dethroned and cast out before it has had time to enact into law, moment ago, but the judgment of the Committee of the much less given a fair trial, the principles and policies approved by the people at the election. Whole is different, and the amendment is before us. Now, _It is a recogni~ed truth that the necessary expense connected I want you to know just what the situation is. If you vote With a ~embership in the House of Representatives is frequently this Bankhead amendment on this resolution you can not prohibitive to many able Members whose wise counsel our country can not well afford to lose. Many of the most able and efficient get a separate vote upon it in the House when we rise, be­ Members are continually withdrawing from the work for the sole cause this resolution will be reported with the House amend­ reason that they can not afford, for pecuniary reasons, to remain. ment as amended. I am opposed to the amendment offered It has become quite generally understood that a poor man can by the gentleman from Alabama. I would be opposed to ~t not afford to retain a seat in the House of Representatives. The greatest item of expense connected with the retention of a mem­ I as a separate proposition. am opposed to it on this par­ bershi~ in the House is the cost connected with the nominating ticular resolution. I am opposed to amending the Constitu­ primanes and conventions, the campaigns, and the elections: The tion to make the terms of the Members of the House four extension of the term of office to four years would materially lessen such expenses and would thereby enable men in moderate years. circumstances to live within the limits of the salary. Mr. Chairman, that is all I care to say at this time. I The national election at which Members of the House of Repre­ simply want the REcORD to show my opposition to this sentatives are chosen always l1as a depressing and unhealthy effect amendment. upon all branches of business, and there is always during such campaigns and elections an uncertainty in business affairs Mr. BLANTON. Mr. Chairman, will the gentleman yield? throughout the country and a hesitancy on the part of business Mr. RAMSEYER. Yes. men in the extension and enlargement of their investments. This Mr. BLANTON. I call my friend's attention to the fact condition can but result in detriment and injury to the prosperity in of the entire country. "' • • An uncertainty in the future respect to his reference to mob psychology that it was policy of our Government, to be determined at an election, al­ largely the vote of his colleagues on the Republican side, ways retards our commercial advancement and affects the pros­ many of whom are against the Norris amendment, who perity of our entire people. through expediency helped to overrule the decision of the The possibility also that a policy once adopted may be cast aside within two years is likewise detrimental to our advance­ Chair. [Cries of "No! "] ment. The proposed change would tend to give stability and take Mr. RAMSEYER., Mr. Chairman, I contradict the state­ away the uncertainty now existing. ment of the gentleman from Texas. I was here and I saw There is a sentiment throughout the entire country that we have too many elections. The people are not free from the un­ the vote, and I know that more gentlemen rose on the pleasantness of one political controversy before they are thrust Democratic side to overrule the decision of the Chair than on into another. They have become tired of and disgusted with the the Republican side. continual political quarrel and strife. Mr. MICHENER. Mr. Chairman, will the gentleman The people are tired of this continuous drama, and as a result are inclined to give no attention to the primaries and the con­ yield? ventions--the very foundation of our political system-the forum Mr. RAMSEYER. Yes. wherein the country's interests can best be guarded and protected. Mr. MICHENER. As bearing upon the matter just stated With an election every two years the political grafter who thrives on partisan strife and on the nervous uncertainty con­ by the gentleman from Texas, let me refer to the debates in trolling candidates for office is able to live from one election to the fl.rst session of the Fifty-ninth Congress, volume 40, page another by the boodle secured at his unholy business. The adop­ 827, where the Senator from Nebraska, Mr. NoRRIS, then a tion of the proposed amendment would render it less possible for Member of the House, introduced a proposed constitutional this creature to ply his trade. • • • It is apparent to all of us that we cap not perform our duty in amendment in the House, section 2 of which provides, " the justice to ourselves or to our people and have an election every term of office of Members of House of Representatives shall two years as well as we could if the term was four years. It is be four years." This was on June 20, 1906. The same con­ perfectly prop,_., as we all know, that men who come here should be able to give their entire attention to public affairs; but as a stitutional amendment provided for the election of United practical truth, if they stay here, it is necessary for them to pay States Senators by direct vote of the people. Considerable more or less attention-generally more-to political matters that debate was had on the floor of the House on the proposal. go on at home in which they have a personal interest, while their At that time the distinguished Senator was very much of the attention ought to be attracted and given to public questions in which the entire people have an interest. Now, I know, Mr. opinion that the terms of Representatives should be changed Speaker, it was said the framers of the Constitution intended from two years to four years, and it seems to me that it that this House should be close to the people. I agree with that would be presuming much o suggest that the learned Sen­ sentiment and the adoption of this amendment will not take ator had changed his mind on this proposition. A part of away that idea from the Constitution. · Men of great ability and honor often refuse to become candi­ the argument presented by the Senator at that time is as dates for the House of Representatives because they know that follows: before they become familiar with the duties of their office they The second proposition contained in the proposed amendment to will be compelled to again enter the arena of political controversy the Constitution, extending the term of office of Members of the to retain it. It was no doubt the idea of the framers of our House of Representatives from two years to four years, is prac­ Constitution that Members of the House of Representatives should tically a new question, although the injustice both to the Member be close to the people and be required to frequently give an and to the country in general on account of this short term has account of their stewardship. A change in the term of office from long been recognized. two to four years would be no violation of this principle, but Under the existing provision Members of the House of Repre­ would better enable Members to devote their energies and abili­ sen~atives are elected in November, but do not actually begin ties to the actual service of the country and their constituents. the1r official duties until a year from the following December. Four years is not so long that there could be any valid objection Their term of office has practically half expired before they take from that source. The history of many of our States where the the oat:tr. Before they are fairly started in the work for which terms of office have been lengthened from two years to four years they were elected they were plunged into a campaign for renomi­ gives ample proof for this assertion. It is likewise true that the nation. Their attention and energy are diverted from their official experience of States where some of the officials are elected for a duties in the Capital City to the local political contests in their term of four years and some for a term of but two years shows respective districts. This is an injustice to the Member and is that the officials serving a 4-year term are more efficient than likewise unfair to the people he represents. officials serving a 2-year term. • • • • • There is nothing sacred that !I know of in the 2-year term. If a A longer service than two years is required in the House before a short term makes Congress better, then we ought to change the tenure to one year. Then we would enjoy the distinction of Me~ber can e~ect to have any voice in the actual solving of nat10nal legislative problems or in the shaping of the Govern­ going out of office before we got in, or at least within a month or ment's policies. It is a recognized and well-known fact that the two of it. congressional district which changes its Representatives every two The reasoning advanced by the above distinguished Mem­ years has practically no voice in national legislation. In a country, like ours, controlled by political parties, each stand­ ber of the House in 1906 is applicable to-day, and in view of ~n~ for d~erent and ~ometimes antagonistic policies of government, the fact that that Member of the House is at this time a 1t 1s but JUst and fau that sufficient time be given for the party Member of the Senate and is the author of the resolution Stlccessful before the people to properly inaugurate and fairly test the policies and principles for which that party stood in the which the House is now considering makes the reading of election. Two years is not sufficient time for any party to inaugu- his views at that time most interesting. 3866 ~ CONGRESSIONAL .RECORD-HOUSE ~ FEBRUARY 13 ~ Mr. BLANTON. Is the gentleman from Michigan a fol­ Mr. JEFFERS. Mr. . Chairman, may I say to the com­ lower of Senator NoRRIS? mittee that this resolution as it is now before us, having had The CHAffiMAN. The time of the gentleman from Iowa stricken out all after the enacting clause of the Senate reso­ has expired. lution and inserting in lieu thereof the House resolution, the Mr. RANKIN. Mr. Chairman, I can not agree to this language of the Rutherford bill is the result of long and amendment. I have always objected to pulling up the sheet careful study on the part of the House committee which anchors that have guided the destinies· of this Republic for reported the bill. We believe we are presenting a good reso­ over 150 years. I have always said that this provision limit­ lution here now, one which probably will be presented to the ing the terms of Representatives in Congress to two years States for ratification, just as we are submitting it to you was one of the wisest provisions, from my viewpoint, that here now for your consideration. the fathers of this Republic engrafted into the fundamental Now, this proposition of injecting this half-baked, ill­ laws of the land. considered amendment for a 4-year term for Members of You gentlemen who have discovered something wrong with Congress is very unwise, in my judgment. Let me call atten­ the Constitution should not forget that George Washington tion seriously to this thought. It would take long and care­ presided over the Constitutional Convention, which was com­ ful study to .work out a plan whereby it would be assured, if posed of a great aggregation of the greatest minds the world such an amendment should be adopted, that the beginning has ever seen. They put this provision in the Constitution of the 4-year term of Members of Congress would coincide in order that the people might have a check upon a bad with the beginning of the 4-year term of the President. If administration. See how well it worked last year. [Laugh­ it were not so, it would be a chaotic condition. We have ter.] You Democrats who came in last year ought to be been over this whole proposed constitutional amendment thankful for this provision of the Constitution, instead of time after time in the commit~ee. We have been trying to trying to destroy it. [Laughter.] 1 think it through, in order that we might bring something in The distinguished gentleman from Alabama tells you what here to you which could be depended upon as being workable. the people think. No man in this House has a higher re­ If we now add any of these amendments we may make the gard for the gentleman than I have, personal and otherwise. whole scheme impractical, unacceptable, and unworkable, His district touches mine for more than a hundred miles. and I trust this amendment will not be injected into the We represent the same kind of people. They speak the same resolution. I hope it will be voted down. language. They have approached me on the subject, and I Mr. LEAVITT. Will the gentleman yield? have said I would go out of Congress before I would ever Mr. JEFFERS. Surely, I yield to the gentleman. vote to change the term of Representative in Congress from Mr. LEAVITT. With regard to one of the fears of the two years to four years. Why? I said that was put there chairman .of the committee permit me to state that if this as a safeguard for the American people. It was placed there proposed amendment should be adopted I intend to offer an by men like Washington, Madison, Franklin, and Hamilton, amendment to section 5, following the word" year," to insert the great founders of this .Republic. It has served a most these words, " in which presidential electors are chosen salutary purpose, and as long as I am here I will never vote next," so that section 5 would read: for such an amendment, and if it is adopted I will fight its Sections 1 and 2 shall take effect on the 30th day of November confirmation by the legislatures of the various States. If of the year in which presidential electors are chosen next follow­ it goes in, I expect to vote against the entire resolution. ing the year in which this article is ratified. [Applause.] But that is not all. The American people do There would be no doubt then as to when it would go into not have.the same view of .this measure that some Members effect. have who are running for reelection, and when this comes Mr. JEFFERS. . With all due respect to my friend the before the legislatures and these wise men, these old ex­ gentleman from Montana, it is an impracticable proposition judges of the supreme court, these old Republic•n and these to·take chances in proposing an amendment to the Consti­ old Democratic judges and lawyers and statesmen, who are tution of the United States, to jump up here and try to not running for Congress, will pick up their pens and show decide in five minutes on such an amendment. the people of this Republic that this 2-year provision is If we should submit a constitutional amendment to the necessary and that it was placed here as a salutary safeguard Nation which is found by students of the subject to be uo­ for the American people, in order to protect them against workable and rinwise, it will, of course, subject this Congress misgovernment. You will find such sentiment against this to criticism the Nation over. amendment that the whole thing will got down to defeat. · Mr. SWING. Will the gentleman yield? Not only that, but we Democrats are opposed to centrali­ Mr. JEFFERS. Yes. zation of power. This is one of the greatest moves toward Mr. SWING. I fully concur with what the gentleman says centralizing power in the White House that I have ever seen. about the phrasing of legislation which is ultimately .to be­ We have heard all this cry of "Stand by the President." come a part of the permament Constitution of the United We will hear it this fall. You Republicans will hear it, and States. If an amendment such as the one now under con­ if we had a Democrat in the White House we would hear it. sideration is to be adopted, language should be worked out It will be the main issue in every campaign. Individualism which would stagger the terms of the Members so that half in the House will disappear, but the only question will be: would be elected every two years, thus preserving the origina.l "Are you standing by the administration?" This is the intention of getting the sense of the country every two years. greatest step, in my opinion, toward centralization of power That proposal would have to be worked out very carefully. in the White House and the perpetuation of the party in It takes time to work out those things, and so important will power, that has been proposed since I have been a Member be the result of whatever is done in connection with·a con­ of the House. stitutional amendment that we should not at 3 o'clock in the I had made up my mind to vote for the Norris amend­ afternoon be taking up entirely new amendments which have ment, although I did it reluctantly, but if this amendment not been carefully considered by the committee. is adopted I shall not only oppose it here but I will oppose Mr. JEFFERS. The remarks of the gentleman from Cali­ it out of this House. I will do everything I can to prevent fornia amply illustrate some of the questions which might the legislature of my State and the legislatures of other arise. He has suggested that if thiS should be put into this - States from tearing up the sheet anchor of safety that was resolution the terms should be staggered, so that one-half of planted by men who knew more about .government than any the Congress would be elected in one even-numbered year man in either end of this Capitol to-day. I shall do every­ and the other half in the other even-numbered year. thing in my power to preserve this Constitution and pass it I want to say that if you will look at sections 3 and 4 of on to our posterity, that this grand old Republic may go this resolution, read them carefully, and consider them for down to the future with strength in her loins, hope in her a moment you will realize how difiicult it has been to write soul, and a Miriam song of triumph on her lips. [Applause.] the provisions which are now in this resolution. Th~efore, 1932 CONGRESSIONAL RECORD-HOUSE 3867 this thing which we are talking about now should receive elections are far more frequent than once in every two some real study before we take the serious step of recom­ years. mending it to the States as a p1·oposed amendment to the Mr. LAGUARDIA. Yes. And more than that, whenever Constitution of the United States. the administration loses control of the House, it automat­ [Here the gavel fell.] ically goes out of office and the decision is left with the Mr. LAGUARDIA. Mr. Chairman, I am sure it is not nec­ people. essary before opposing an amendment to indulge in expres­ Let us be frank about all this. There is opposition to the sions of confidence in and love for the sponsors of it. ,; lame-duck " amendment, and every Member opposing it has Members have a right to offer amendments. I never did the right to do so if he really has convictions against subscribe to any such custom. Let us get right down to the it. I believe the idea of coming here 13 months after elec­ proposition. I believe I express the viewpoint of every Mem­ tion is as antiquated as the stagecoach and muddy roads ber of the House that the office of Representative in Congress which made that provision necessary 150 years ago. is a mission and not a job. If anyone thinks it is a job, let But as to the method of approach, if you are opposed him vote for this amendment. It is convenient; it is com­ to the " lame-duck " amendment, stand up like men on the fortable for the Member; it insures a 4-year tenure of office roll call and vote against; but do not load it down with im­ without the necessity of going back to the constituency possible, un-American provisions. [Applause.] every other year. But, regardless of the personal conven­ Mr. DICKINSON. Mr. Chairman, I am intensely inter­ ience and regardless of any merit there may be in it, the ested in the passage by this House of Representatives of the term of two years for Representative in the House and six pending resolution, Senate Joint Resolution 14, which passed years in the S~nate, with a 4-year term for the President, is the Senate on January 6, 1932, which reads as follows: typically an American institution. The 2-year term-just That the following amendment to the Constitution be, and half of that of the President-gives the people a check and hereby is, proposed to the States, to become valid as a part of said control on the Executive. Remove that and we will have Constitution when ratified by the legislatures of the several States absolute control of government in the Executive and his as provided in the Constitution: policies for a period of four years without the opportunity ARTICLE- SECTION 1. The terms of the President and Vice President shall on the part of the people to protest by electing a House in end at noon on the 24th day of January, and the terms of Senators opposition. We all know that little by little powers have and Representatives at noon on the 4th day of January,- of the been taken away from the people. We must not remove this years in which such terms would have ended if this article had not necessary and wise provision which is so necessary as a been ratified; and the terms of their successors shall then begin. SEc. 2. The Congress shall assemble at least once in every year, safeguard in a democracy. and such meeting shall begin at noon on the 4th day of January, Imagine a President with a large majority in both Houses unless they shall by law appoint a different day. adopting policies contrary to the wishes or interest of the SEc. 3. If the President elect dies, then the Vice President elect shall become President. If a President is not chosen before the people. Why, under our present constitutional safeguard, as time fixed for the beginning of his term, or 1f the President elect soon as the people realize that a check is necessary -they falls to qualify, then the Vice President elect shall act as President soon have the opportunity to protect themselves by electing until a President has qualified; and the Congress may by law pro­ an adverse House which has the power of thwarting any vide for the case where neither a President elect nor a Vice President elect has qualified, declaring who shall than act as Executive. V/ith a 4-year term this power is taken entirely President, or the manner in which a qualified person shall be , from the people. selected, and such person shall act accordingly until a President Mr. LEWIS. Will the gentleman yield? or Vice President has qualified. SEc. 4. The Congress may by law provide for the case of the Mr. LAGUARDIA. Yes. death of any of the persons from whom the House of Representa­ Mr. LEWIS. Very many parliaments have been estab­ tives may choose a President whenever the right of choice de­ lished in the world and constitutions written since ours was volves upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President when­ written. ever the right of choice devolves upon them. Mr. LAGUARDIA. Yes. SEc. 5. Sections 1 and 2 shall take effect on the 30th day of No­ Mr. LEWIS. Perhaps the gentleman will explain why only vember of the year following the year in which this article is ratified. Mexico and Colombia have the 2-yearprecedentadopted here. Passed the Senate January 6, 1932. Mr. LAGUARDIA. In reply to that I will refer the dis­ tinguished scholar, the gentleman from Mazyland, to the In 1923, when a Member of this House, I introduced House constitutions that have been patterned after ours but which Joint Resolution 65, similar to sections 1 and 2 now pending have failed to retain this safeguard, and I will ask hin). if here, and which, as introduced by me, read as follows: we have not outlived every other republic that has been Joint resolution proposing an amendment to the Constitution of the United States fixing the commencement of the terms of established? [Applause.] Members of Congress Others which have been patterned after ours have sought Resolved ·by the Senate and House of Representatives of the to overcome the inconvenience of submitting to the people United States of America in Congress assembled (two-thirds of every other year. It may be convenient to politicians, but each House concurring therein), That the following amendment it is contrary to the best interest of the country. A number to the Constitution be, and hereby is, proposed to the States, to become valid as a part of the Constitution when ratified by the of republics in South America have even ignored the con­ legislatures of the several States as provided by the Constitution: stitutional provisions with reference to their elections. That SECTION 1. That the terms of Senators and Reoresentatives shall is what happens when people lose direct contact with their commence on the first Monday in January following their election. SEc. 2. That the Congress shall assemble at least once in every own governmental affairs. year, and such meeting shall be on the first Monday 1n January, I say, my friends, that right now when the tendency is unless they shall by law appoint another day. away from self-government and away from representative SEc. 3. That the terms of Senators and Representatives who may be in office at the time of the adoption of this amendment government toward dictatorship is the time we should be on shall end at noon of the first Monday in January of the year in guard more than ever. There is no telling how any presi­ which such terms would otherwise have ended on the 4th of dential election may go, sweeping with it control of both March. Houses of Oongress, and then a policy established directly Time and again has effort been made, particularly in the in opposition to the viewpoint of the majority of the Ameri­ other body, to pass this proposed amendment to the Con-­ can people. Their only salvation is every other year to send stitution. Great credit has been properly given by the a House of Representatives to protest against any such country to that distinguished progressive, Senator NoRRIS, of policy. [Applause.] Nebraska, for the passage of this joint resolution, time and Mr. CELLER. Will the gentleman yield? again to pass in the Senate, only to fail of passage in the Mr. LAGUARDIA. Yes. House of Representatives. Mr. CELLER. Is it not true that in England and France, It has been suggested that Senator NoRRIS, the author of as well as in practically every European country, the tenure the o1iginal resolution, while a Member of the House, favored of oflice of the representatives in the lower houses of par­ a 4-year term for Members of Congreso. Whatever may liament_is coterminous with the administration and that have been the then judgment of the ~uthor of this proposed 3868 CONGRESSIONAL RECORD-HOUSE FEBRUARY 13 amendment to the Constitution, as to whether it should be amendment. While it has not been directly before the com­ four years or two years, it comes here after full considera­ mittee of late, we are familiar with its purpose, and the tion by the Senate in the shape in which it is now before committee has always refused to add something to . the the House, without changing it from two years to four amendment which seemed to be of a selfish purpose. years. We are trying to correct a principle of government. It If you should amend it by placing a 4-year provision in has always appeared to us that this amendment would kill the resolution, you would not know whether it would run the resolution, as has been so ably expressed by the last coterminous with the election of the President. I am not speaker. entirely out of accord with the thought that a Congress Mr. Chairman, if this amendment should prevail, I would elected at the same time that the President is elected would plead with the proponent of the legislation to frame such better enable legislation to be enacted into law in response a section to be added to the resolution that will allow it to to the declared will of the people, but the amendment as be voted on separately when it is proposed for ratification now proposed does not seek to bring this about, as well by the people. I think that they should do this. May I stated by a Member on the other side of the_aisle, for section remind the House that when the first 10 amendments were 5 provides that sections 1 and 2 shall take effect on the 30th presented to the people, they were presented in such a way day of November of the year in which this article is rati­ that each amendment was voted·on separately. fied, which might result in election of Representatives in Mr. MAPES. Mr. Chairman, I should not have asked for Congress in off years, rather than in presidential years. I _recognition at this time except for the parliamentary situa­ am opposed to this proposed amendment, seeking to substi­ tion with respect to this legislation. tute 4-year terms for the present terms of two years for As I understand it, we are proposing to strike out all after Members of Congress, for I earnestly desire the passage of the resolving clause of the Senate resolution and to sub­ this joint resolution now, in its present shape, and not its de­ stitute the resolution of the House committee. This means feat at this session. that when the Committee of the Whole rises, it will have an The proposed amendment has been thoroughly discussed opportunity to vote upon the substitute as perfected here in throughout the country, and the sentiment of the country the Committee of the Whole in toto or en bloc, but not upon largely favors its adoption. The change from two years to the different amendments separately that are put upon the four years has not been discussed before the people of the substitute here in the Committee of the Whole. United States. This matter has been delayed long enough, For this reason, Mr. Chairman, I want to put myself and it ought not to be defeated or delayed by amendments squarely on record with regard to this particular amend­ that would tend to defeat it and prevent it from being sub­ ment. I do not want to be a party to putting amendments mitted by this Congress. upon thiS co-called " lame-duck " resolution which, in my Mr. Chairman, if the proposed amendment should go to judgment, are going to prevent its ratification by three­ the people or the legislatures of 48 States for ratification, fourths of the legislatures of the States, and I think if you with a provision lengthening the terms of Members of Con­ couple the amendment sponsored by the gentleman from gress from two to four years, it might meet defeat by those Alabama and by the gentleman from Maryland with the whose Representatives we are. The people are justly jeal­ amendment as reported by the committee, it means the sure ous of surrendering power, and in my judgment they might defeat of the whole proposition. be reluctant to extend the terms of their Representatives We know; we have seen what effect it has had on the from two to four years, and thus we would invite the defeat membership of the House of Representatives here. Men of this much-desired amendment to the Federal Constitu­ have taken the floor who have said that they are in favor of tion by the required three-fourths of the legislatures of the the resolution as reported by the committee, but they say if 48 States. I thought the amendment was germane as of­ this amendment is put onto it they will oppose the whole fered by the distinguished member of the Rules Committee, resolution-not only here in the House of Representatives Mr. BANKHEAD, · of Alabama, but on the question as to but in their State and other States as well. · whether it should be adopted as an amendment to this reso­ For myself I want to go on record and have the RECORD lution I am utterly opposed to it for the reasons I have show that I will not be a party to loading up this resolution stated. I want a change in the Constitution so that Repre­ With amendments which mean its sure defeat. [Applause.] sentatives in Congress shall not only discuss before their Mr. STAFFORD. Mr. Chairman, a parliamentary inquiry. constituents in their several districts every ·two years legis­ The CHAIRMAN. The gentleman will state it. lation that has been pending in Congress or desired by the Mr. STAFFORD. I wish to inquire, for the information people, but I am anxious that Congress shall meet in Jan­ of the House, whether the amendment to the rule that was uary after the November election to carry into effect the moved by the gentleman from North Carolina, providing will of the people to whom they are responsible, and not that the substitute should be considered as an original bill, wait 13 months as now after their election before they are does not put it on the same status that any amendment that sworn in and take their seats in Congress, leaving to de­ might be adopted by the committee would be subject to a feated Members the enactment or defeat of legislation pend­ separate vote when the committee rises and reports the reso­ ing in Congress in the short· session of Congress as now lution back to the House? exists. The CHAIRMAN. The Chair thinks that is a question Let us pass this joint resolution seeking to amend the which should be decided in the House. Constitution, and thus get rid of what we understand Mr. STAFFORD. There are many Members present here is called by the people and in the press the " lame-duck " who were absent when the amendment was offered by the Congress. Let us allow ,this proposed amendment to go to gentleman from North Carolina providing that the substi­ the country now without further delay, and let us not by tute reported by the committee should be considered as an adopting amendments kill it or delay its passage, or jeopard­ original bill. I think under those circumstances any amend­ ize its ratification by the legislatures of the several States. ment adopted as a substitute would be open to a separate Amend by changing two to four years, and you will either vote in. the House. fail to secure ratification by three-fourths of the legislatures Mr. MAPES. I think the precedents are so fumly estab­ of the 48 States or long delay this amendment of the Con­ lished that there is no question about the parliamentary stitution, and thus continue for many years your " lame­ situation. I have discussed the matter with those who have duck" Congresses, to be controlled as heretofore by those some parliamentary responsibility in handling legislation selfish interests that seek to dominate legislation. here in the House, and I think there is no question about the I hope the amendment, proposed in good faith, I am sure. parliamentary procedure so far as that is concerned. by my friend, Mr. BANKHEAD, of Alabama, will be defeated. Mr. KELLER was recognized. [Applause.] Mr. JEFFERS. Will the gentleman from Dlinois yield Mr. GIFFORD. Mr. Chairman, as a member of the com­ to me? mittee, I wish to appear on the record as against this Mr. KELLER . .I will 1932 CONGRESSIONAL RECORD-HOUSE 3869 Mr. JEFFERS. Mr. Chainnari, I bave no desire to take opposed to this amendment, and hope the amendment will gentlemen off the floor, but I believe everybody here wants not be adopted. to get through with this bill this afternoon, and I wonder if Mr. PATTERSON. Mr. Chairman, I am opposed to this we can not arrive at some decision as to debate on this amendment for two reasons. First, I think it will defeat amendment and the section. this proposed constitutional amendment, and, second, it is Mr. DOWELL. I want a few minutes. a fundamental change in the principle of our Government. Mr. MICHENER. We only had three hours of general I want to outline to you in a few brief words what this will debate on this constitutional amendment. This is Saturday do. Had this amendment been in effect at the time of the afternoon, and we are not going to take up anything else, election in 1928, we would still have a Speaker elected by the and it seems to me that the membership should be allowed majority party who went in at that time, and that party to express themselves on this most important matter. would be overwhelmingly in the majority in the House of Mr. JEFFERS. I have no desire to cut anybody off. · Representatives now, and this biennial appeal, which re­ Mr. RAMSEYER. What limitation of time did the gen­ sulted in a Democratic House, could not have come about. tleman have in mind? I think this change has been and is valuable. I believe we Mr. JE.FFERS. About 15 minutes. should have this check on an administration. It is funda­ Mr. ROMJUE. Will the ·gentleman from Dlinois yield mental in that respect, and all throughout the history of to me? our Government this check has justified itself. It would Mr. KELLER. I will yield . . take more and more power a way from the people of the Mr. ROMJUE. I want to ask the gentleman for his opin­ country, as has been attempted of late in various ways. I ion on this question. If this amendment is placed here in do not see how Members believing in the fundamental prin­ the resolution, when it comes to be ratified in the future, ciples of democracy and progressivism can advocate tying and is ratified so that it will be effective in a presidential this amendment on here. I very much fear that such an election, so that Congress and the President are elected at amendment will be a blow to democracy and check the voice the same time always, if the gentleman does not believe that of the people in their choice of the Members of the House of it will have a tendency to deter and abrogate the checking Representatives, that great body that enacts revenue legis­ power of the minority party and be detrimental and in­ lation. We would have to change the organization of the jurious to legislation and the public welfare; a great safe­ House from two years to four years, and there could guard to our Government rests in the fact that we have be no change of expression in the country even though senti­ two strong political parties, so that whichever is in power ment changed as it does. You can point to two or three .the minority party for the time being is usually strong times in the past where a change of administration of the enough to serve as a check and balance on the party in lower House of Congress was a splendid thing. Go back to power? 1910, when the Republican Party was in power. Mr. KELLER. I think you are right. In 1911 the Democratic Party organized the Congress, and Mr. Chairman, I helped to bring this discussion up be­ there were some splendid reforms for the good of repre­ cause I wanted to hear it. I am glad I have, for to me sentative government. That would not have occurred if it has made one thing very clear, and that is that this the 4-year term had been in existence, and there is no one amendment should not prevail. I doubt whether any other who could tell what would have ·happened two years later amendment should prevail any more than this one, for if those reforms had not been brought about. the simple reason stated by my colleague, Judge DICKIN­ Mr. FULBRIGHT. Mr. Chairman, will the gentleman soN, in which he said that the people of this country know 'Yield? all about this amendment, and are ready to ratify it. But Mr. PATTERSON. Yes. if we put anything on it in addition, they are not ready to Mr. FULBRIGHT. Does not the gentleman think it is ratify it, and they will not ratify the resolution if amended. unfair for the advocates of extending the length of term If this amendment is attached to this resolution, it will be of Members of the House to attempt to write it into the defeated, in my judgment. We ought not to jeopardize the Constitution on a "lame-duck" amendment? resolution. I thank you. Mr. PATTERSON. I am opposed to the amendment but Mr. DOWELL. Mr. Chairman, I believe the decision of would not want to put it that way, for I have all respect in the Chair in holding this amendment not in order was the world for my colleagues who differ with me on this and correct, but the Committee of the Whole has overruled the all other questions. I am like the gentleman from Missis­ decision of the Chair and has held by vote that it is in order. sippi, I would give up my term as a Member of the House This subject matter is entirely different from the proposition before I would vote to extend that term, and as the gentle­ that is before the Congress. There has never been any man from New York said, this is not a job, this is a mission proposition of this kL."tJ.d submitted with reference to this where we are called upon to serve our people and speak constitutional amendment until it was presented here to-day. their voice, and for me I shall not support any such legis- In my opinion, by the adoption of this amendment, you are lation. · going to ·inject an entirely different proposition than the Mr. FULBRIGHT. Does not the gentleman think that one we have been called upon to pass on. an amendment to the Constitution extending the term of Mr. MICHENER. Mr. Chairman, will the gentleman office of Members of the House should stand upon its own ~~? - bottom? Mr. DOWELL. Yes. Mr. PATTERSON. Something as far reaching as this is Mr. MICHENER. Did I understand the gentleman to say should have long and careful consideration and should not that the matter before this committee has never received be tacked on to a measure like this. I hope that the Mem­ consideration before? bers of this Congress who believe in democracy will defeat Mr. DOWELL. Not on this resolution. this amendment first, because it will prevent the ratifica­ 'Mr. MICHENER. Certainly not on this resolution that tion of this proposed constitutional amendment, and second, we have up to-day. it will change the fundamental principles of our Govern­ Mr. DOWELL. And not before the House. ment, which to me is the bright and shining star in the Mr. MICHENER. Was the gentleman in the room when constellation of all governments. And in closing permit me I called attention to a resolution introduced in the Senate to point with a feeling of pride to the framers of this great by Senator NORRIS? Constitution as well as that great patriot whose birthday Mr. DOWELL. But it has not been considered. we celebrated on yesterday. As for me, I will stand here Mr. MICHENER. Oh, it was debated extensively. and battle as best I can for a government "of the people, Mr. DOWELL. It has not been here for consideration. by the people, and for the people," and fight rather to in­ I believe the House should not adopt this amendment. I am crease the power and check of the masses on our Govern­ heartily opposed to placing on this resolution such a propo­ ment, believing thereby I can come nearer perpetuating the sition, and probably destroy the original resolution. I am ideals of Americanism. LXXV-244 3870 CONGRESSIONAL "RECORD-HOUSE FEBRUARY 13 Mr. HOWARD. Mr. Chairman, we have only one proposi­ there is no greater delight than going back to my people and tion here, and that is whether or not we will pass this " lame­ letting them judge my acts in any representative body in duck " resolution. I am just a little bit astonished that some which I have ever served, and have them let me know of my splendid colleagues should wish to ride in on a " lame whether I am correctly representing them in their views. duck " with an amendment which, in my judgment, al­ [Applause.] That is the only way you can feel the pulse though I give them all credit for sincerity, can mean nothing of your district. Go back to them and get your indorsement less than the defeat of the original Norris resolution as and get your marching orders and stay two years. amended by the House committee. I am in favor of the Let us not change this. There is not a man here who is " lame-duck " resolution. Therefore I am opposed to any opposed to this resolution who will not vote for this amend­ and all amendments to the report brought in by the com­ ment. I know when you go back to the legislatures of the mittee. I am not a worshipper of committees. I follow no various States of the Union, you will not get the constitu­ committee unless I think it is right. Do the American people tional number required to indorse this proposition. If you desire the destruction of the " lame-duck " proposition, or want a correction as is provided in the resolution, let us do they want to continue to let it flutter along to the injury adopt it without amendment. If you want to kill it, vote for of the country as it has for these many yero·s? I think they this amendment and vote for all the other amendments want to see this "lame duck" brushed off the earth for which are proposed. good. I have not time to argue at length nor eloquently, I am going to vote for this resolution as it stands. I have even if I had the ability, in behalf of this " lame-duck " some convictions with reference to some things in it that I amendment, but I take it for granted that every one of my would like to have changed; but I know that if we amend it, colleagues occupies pretty much the position of myself in it will be the death knell of the bill, so I am going to support his own community. If he saw here a man of magnificent it just as it is written. [Applause.] character, well posted along certain lines, and over there Mr. DOUGLASS of Massachusetts. Mr. Chairman, it has another one well posted along other lines, and he believed been some time since I have had the physical courage to in the man, in his integrity, and when he did not have time address this House, but I hope to-day I have the political to weigh a proposition himself, he would naturally follow the courage to oppose this amendment. advice of that man. I am in that attitude right now. If I I shall have to fight as hard as any man in this House were blind and could not read, if I were deaf and could not for renomination to this honorable body. I have had to do hear, still if only by the sense of touch it could be made it for the last four elections. You should all be willing to known to me that this resolution was prepared by the hand do likewise to acquire the great dignity of this position. If of that magnificent American patriot, GEORGE NoRRIS, I there be any sound and logical argument for the adoption would say it must be a good thing anyway, and I would vote of this amendment, it has not been stated upon this floor · for it. to-day. Whatever seemed to be the motives that guided Mr. GLOVER. Mr. Chairman, I am very much opposed the judgment of some Members, as I have been able to find to this amendment and to the manner in which it is brought them since this debate began to-day, those motives seem to here. We are dealing to-day, in the resolution that is before come-! dislike to make the statement-but they seem to us, with a matter that has been before the country, and the come from private interest rather than public good and voice of the people has been heard upon it. Here is another necessity. proposition brought in and put on like a tail to a kite on Mr. Chairman, under our beneficent Constitution, par­ this resolution. That is a very important matter and that ticularly that part of it which requires that election to this is a fundamental part of our law now. I think if it is desired House shall be biennial, we have achieved the reputation of -to submit that question to the people, there should be two being the greatest deliberative body in the world, and it separate submissions. Submit each on its own merits, and behooves you not to rush to judgment now, but calmly and let the people vote on it. delibe1·ately consider just what we are doing. Are you will­ ing, upon the specious reasons and private reasons that have Much has been said to-day about "lame ducks." I want been advanced-one class publicly advanced and the other to say to you that if you tack this amendment on and send secretly here to-day-to make this great change in our form it back to the people and thwart the will of the people, you of government? Are you going to lessen the dignity of this will make more " lame ducks " than you have heard of in a great body by changing it from a body that represents the long time. [Applause.] popular will every two years to one that shall become a body I say to you that when you tamper with the will of the which will be but a part of an elected administration? people, you are tampering with that which is sacred. The [Applause.] That is what you will do. You will change gentleman from Alabama who offered this amendment is my yourselves from Representatives of the people to puppets of personal friend, and I regard him highly as a legislator. the administration, whatever it may be, Democratic or The gentleman said that his people had come to hiin and Republican. wanted to know why he had to come back every two years. Have you consulted your constituents in this regard? Oh, that man was his friend. But the other fellow, . who Have you asked them how you should vote? Have they had might not have been so well satisfied with what had been notice of the calling up of this amendment to the Norris accomplished, has to wait for four years before he can resolution? -express his will. The man who is for you is glad to meet you My time is brief, and I would I had more, but I can not and greet you every two years and indorse your acts. Let ask it. But one thought that has been running through me say to you that one of the ways the country keeps posted my mind as I have sat here listening to-day is this: What with referenc~ to national affairs is by the policy that we is going to be the effect back home in your districts if you have now in our Constitution, when we come back home and vote for and adopt this amendment? What will your people talk to _our people face to face and tell them what we have and the people of the country at large think of you as Mem­ done and what we have tried to do, and let them give us our bers of Congress? In these days of depression, when 8,000,000 marching orders for another term. [Applause~ ] when you people are clamoring for work and public employment, when have the privilege of going back home in a short time, you at least 3,000,000 people are clamoring for a bite to eat and will have the privilege of telling them all about the good a place of shelter for their shivering bones, are you going to things you did for them-about the two billion dollar bill go before the country and say, as you have said up to this which you have given- to the great wealth of the country, and time, "You shall not have a million dollars or even a thou­ you have given no bread to the poor. You boys would like sand dollars for public works; you shall not have anything to tell them about that. They want to hear you, face to face, that can be considered in the nature of a dole to feed your and they will talk out. They will ask some questions why it hungry stomachs, but we Congressmen, we $10,000 a year was you did so and so, and they have a right to do that. Congressmen, elected for two years with our salaries coming That is where you hear the voice of the people. regularly every month, are going to elect ourselves to two Of course, you would like to have four years without a con­ more years in the form of a 4-year term"? I dare you to test for reelection, but in my experience in public service do that and go back to your constituents. [Applause.] 1932 CONGRESSIONAL RECORD-HOUSE 3871 Mr. GOLDSBOROUGH. Mr. Chairman, there are a great which shall constantly exert an influence upon his acts and opin­ many reasons of convenience which justify this amendment; ions and produce a sympathy between him and his constituents. but after the very best thought I have been able to give it He thus said that this nearness of people to Congress for many years,:: am profoundly convinced that the 2-year could only be brought about by most frequent elections. , term is a fundamental part of democratic government. Why is it that our Constitution provides that bills to tax [Applause.] There are a great many things that are worse, shall originate in the lower House? This was put there be­ my friends, than the inconvenience of frequent elections. cause the framers of our Constitution knew that this House, . Now, gentlemen, of course it is inconvenient for Con­ of all parts of our Government, was nearest the people. The gressmen to go before the people every two years. A great people can reach out to the membership here and quickly many men are. in districts where they have to go twice, and effectively register their will, under penalty of defeat at once in the primaries and once in the general election. the polls. They want this body, which has power to origi­ That is all true; but I am one of those who believes that nate taxes, amenable to their immediate will. [Applause.] the perpetuation of this Republic depends upon the separa­ Vote for this proposal and you serve the best interests of tion of the executive, legislative, and judicial branches of yourselves only. · this Government. [Applause.] When you adopt this 4-year I therefore ask you to vote down this amendment. provision, when you elect your President along with the Mr. SHANNON. Mr. Chairman, there are many Members Members of your House, -the tendency is to absolutely sub­ of this body who in good faith are for the Norris amend­ ordinate the legislative branch of the Government to the ment. They believe in it. They have been taught to believe executive branch. in it. It has been before the country for many, many years. Now, do not do this. I beg of you, my friends, do not do It has reached this House before, but by strange ways has this. We have in this country now too much centralization met defeat. of all kinds. · We have too much pressure on us now from the _ I regret to say that the so-called liberalizing of the rules executive branch of the Government. Let us remember, my of this House does not make them liberal enough so that friends, the words of the man whose birthday we cele­ we can get a roll call on this particular amendment to the· brated yesterday and do ·what we can to see "that Norris amendment. I dislike to believe that I shall have to government of the people, by the people, and for the people tell my people when I go back home that our rules are so shall not perish from the earth." [Applause.] poorly "liberalized" that those of us who believe in the Mr. JEFFERS. Mr. Chairman, I move that all debate on Norris amendment have had to vote for it with an obnoxious this section and all amendments thereto close in 10 minutes. amendment, or else vote the whole thing down. The motion was agreed to. I say this is unfair. It is not fair to the people. If the Mr. CELLER. Mr. Chairman, I hesitate to take up any propqsal of th~ gen~leman from Alabama is offered in good more time of the committee any further than to point out to faith, the gentleman should come in here and offer it as a the members something which was said upon this subject separate amendment. many, many years ago when the Constitution was adopted. As the gentleman from Massachusetts said a moment ago, It was Hamilton, in the-Federalist, fifty-third volume, who when the first 10 amendments to the Constitution were of­ said: fereq they were voted upon separately, and those 10 amend­ ments came from the followers of Thomas Jefferson. I say Where annual elections end, then tyranny begins. to you ._ gentlemen who believe in the teaching's of Hamilton, Hamilton, conservativ~ as· he was, wanted the elections of get those on our side of the House who are really Hamilton­ the Members to the lower House to be annual. Why was ians and form a new coalition; make it a Hamiltonian it made every two years? That was a compromise .. :Hamil­ group; but let those of us who believe in giving the people ton bowed to the argument that there were great distances their own government have a chance, so that even though ,to travel. The Representatives had to use the stagecoach we may be in the minority we will be heard as Jeffersonians and the horse in those days, and that was one of the reasons and not as Hamiltonians. why the election was held every two years for representa­ Again I say to you that I am here as one of the protesting tion in this House. Surely if distance then was used as an Members of this body. My predecessor was elected by a argument to increase the term from one year to two years, substantial majority. I come from the center of the great the shortening of distances through the use of our present agricultural belt of the West. I am in the very heart of it. rail transportation and airplane transportation should not There was but one vote of my predecessor's that was con­ be used as the reason for increasing the tenure for t'Yo sidered in the late election, and that· was his vote on the years more. tariff bill. After the people considered it, and gave thought Hamilton again said, in volume 52 of the Federalist, to the vote of this gentleman, they elected poor me by February 8, 1788: 46,600. [Applause.] Biennial elections will be as useful to the affairs of the public When you take away this off-year election, you leave no as • • • they will be safe to the liberty of the people. method by which the people may pass on the existing ad­ Blackstone, in his Commentaries, volume 1~ page 189, if ministration, and you do them an injustice. you will go back as far as that for authority, speaking of Jefferson said he would not give a fig for a people who the tenure of the more representative branches of govern­ did not have the spirit of revolt in their blood lest those at ment, had this to say:· Washington take away from them their Government. The vote of the people at the last election was a vote of protest; A legislative assembly which is sure to be separated again would be bound to feel its own interests as well as its duties bound up in fact, it was a revolt against this administration; and now with those of the community at large. you come in and say by this proposed amendment to the Story, the great authority on the Constitution, in tlie Norris amendment that this right of approval or disapproval fifth edition of his book on the Constitution, section 588, shall not be left with the people. page 588, says: · · · Let me remind you that this protest has been used fre­ quently. It was used against that great soldier, U.S. Grant, Frequent elections are unquestionably the soundest, if not the sole, policy by which dependence upon the people, sympathy with and it did not hurt the Grant administration a particle. the people, and responsibility to the people that elected them can It made it a better administration. It was used against that be effectually secured from the people's representatives. great character, Grover Cleveland, and it improved his ad­ In conclusion, if any more need be said upon the subject ministration. Then it was used against that fine soldier · to persuade you to vote· down this.amendment, let me again and great lawYer, Benjamin Harrison, and it made his call your attention to other remarks by the great Hamilton. administration a better one. Then when the mighty Wilson He said (s~c. 587, Story on the Constitution): went out and said, " Send me back a Congress of my own political party," the American people stood up and pro­ It may, therefore, be safely laid down as a fundamental axiom of repubiJ.ican governments that thete must be a dependence on tested, and I want to say to you that it made the Wilson and responsibility to the people on the part of the representative administration better, by serving notice upon him that this 3872 CONGRESSIONAL RECORD-HOUSE. .F .EBRUARY 13 is a people's government and not merely a President's gov­ think and believe to be right, and not upon what somebody ernment. [Applause.] else dictates. I say that this should not be a part of the In ·conclusion, no matter what may be the motives of the bill, and that is my own judgment, after giving much con­ gentleman who proposes this amendment to the Norris sideration to it as a member of the committee and as a amendment, the public will accept it as being intended for conferee. no purpose other than to kill the amendment offered by the Mr. BLANTON. Will the gentleman yield? Senator from Nebraska. Let me urge you to meet it face to Mr. JEFFERS. Surely; I yield. face. Do not be cowards. Come forward and vote yes or Mr. BLANTON. My friend does not believe that after no stating, "We are for the Norris amendment, or we are the present Congress has passed the proper relief bills and against the Norris amendment." [Applause.] the proper appropriation bills it is going to remain here any Mr. BLANTON. Will the gentleman yield? longer. Mr .. SHANNON. Yes. Mr. JEFFERS. No; Congress, when it finishes its work, Mr. BLANTON. The gentleman has correctly stated the will go home. Congress is not going to sit here an undue parliamentary situation. If the committee adopts the Bank­ length of time. head amendment, then the gentleman will have to vote for Mr. MAY. Mr. Chairman, will the gentleman yield? it if he votes for the Norris amendment. Mr. JEFFERS. Yes; certainly. Mr. SHANNON. Then I will be put in the position of Mr. MAY. · I have heard a lot said this evening about the being compelled to vote against something I have been for wisdom of the framers of the Federal Constitution. If they for years, for I shall not vote in favor of the amendment placed a limit of three months on the second session of Con­ with the Bankhead amendment on it. gress, is not this a rather liberal allowance to extend it for The CHAIRMAN. The question is on the amendment two additional months? offered by the gentleman from Alabama. Mr. JEFFERS. Now, then, the gentleman knows that The question was taken; and on a division veto the action not yield to any man on that question, and I shall not yield of the Congress. to any man who ever sat in the White House or who ever Mr. RANKIN. I wonder if the gentleman would offer an will sit there to be the supreme judge above the judgment amendment along that line to take from the President the of my colleagues in this body chosen by -the sovereign power to veto bills for 10 days prior to the end of that citizenship of this country on a question so vital as the session. continuity of its effort until the work is done. We ought to Mr. GIFFORD. I wish it could be done. vote this amendment down out of a sense of responsibility Mr. RANKIN. It can be done by an amendment to the and a willingness to meet it. Constitution. Mr. PATTERSON. And this would be an arbitrary set­ Mr. MICHENER. Does the gentleman want this on this ting of a seven months' period for which we draw salary particular resolution? I would not discuss it, if it is not when we could not transact business. germane to this resolution. Mr. SUMNERS of Texas. I shall not leave the major Mr. RANKIN. If you want to amend the Constitution at question and that is, Will we Members of the representative all along that line-- branch of this Government yield to anybody in another Mr. GIFFORD. I do not yield to outside discussion like branch of the Government the right. to determine for us that. how long we shall sit here in the transaction of the public Mr. STAFFORD. To meet the objection raised by the business? That is the question and the only question. gentleman from Missouri [Mr. LoZIER] the amendment pro­ Every other thing fades into insignificance. It is no wonder posed by the gentleman from Massachusetts would require that people make fun of the Members of the House. Why the approval of the President. I suggest that might be over­ should they. not make fun of you if you agree to a proposi­ come in this way: Instead of having it done by law, have it tion like this and ther.eby confess that you have not either done by concurrent action by both Houses of Congress, in the the sense to know or the courage to fix how long you will sit form of a concurrent resolution. Would the gentleman be here to transact the public business. Of course they ought willing to change his amendment to embody that idea? to make 1fun of you on every vaudeville stage in the United Mr. GIFFORD. I Should be glad to have it changed to States if you do this sort of thing. The people will .respect meet that objection, but we often overturn a veto of the the Congress when it respects itself. President of the United States, and it would be effective in Mr. GIFFORD. Mr. Chairman, this is a separate propo­ such a case. sition, one entirely by itself. We have lived under this limi­ Mr. STAFFORD. But the Congress should determine for tation ever since the Congress was organized. There has itself whether it should continue in session. been a limitation when we have to adjourn. This has noth­ The CHAmMAN. The time of the gentleman from Mas­ ing to do with the "lame-duck" matter, for which so many sachusetts has expired. have said that they want to vote. The matter has been so Mr. BARTON. Mr. Chairman, being a new Member, my long under consideration that we are anxious to legislate opinions on this subject were formed outside of this body. thereon. This limitation has been considered before, and Therefore, I may view the question from an angle somewhat last year it was the vote of this body, by a vote of 229 to 148, different from many of you. . that it should be continued in some form. The amendment It has been suggested that this resolution would change accepted at that time has been liberalized to-day to June 4, the Constitution, a thing not to be thought of for light or giving five long months, even, in the second term. That is transient reasons. It is urged that the present arrangement long enough, surely. We have now, in fact, only two and a originated in the wisdom of the fathers and should, therefore, half months. But if, by chance, the House shall reverse remain unmolested. itself from the opinion expressed last year, and the gentle­ Bear in mind that one of the purposes of this amendment man from Texas still feels that he does not want to be is to change the date on which the President, Vice Presi­ under the control of another branch of the Congress, I give dent. Senators, and Representatives in Congress enter upon notice that I shall immediately offer this. same amendment, the discharge of their official duties. I have been much in­ changing the Longworth amendment but little, to provide terested in the history by which this was fixed. Curious as that in each even year the sessions shall not continue after it may seem this date is not mentioned in the Constitution. noon of the 4th day of June unless the Congress shall by In fact when that instrument was written it was not known vote appoint a different date for adjournment, leaving it whether it would be ratified and, if ratified, when operation entirely within the hands of Congress by joint action as to under it would begin. The length of the terms of these whet.her we shall sit here or not, and thus deliver us from .officers, however, was definitely fixed, so we have but to the possibility of another body deliberately keeping us here determine the beginning and the end is made certain. by their interminable debates. On September 13, 1788, the Continental Congress, by res­ Mr. LOZIER. Certainly my friend from Massachusetts olution, found that the requisite number of States had rati­ does not contend that the language used in his amendment fied and declared the "first Wednesday in March next" would enable the two Houses of Congress to determine the as "the time for commencing proceedings under the new length of their sessions, without the President in the usual Constitution." The first Wednesday in March, 1789, was manner approves the action of Congress. There are many the fourth day. This date has therefore been recognized places. in the Constitution which authorize Congress by law and followed for more than a hundred and forty years, and to do this or that, but this means that Congress shall act in I think will be followed until changed by constitutional the customary way, and its action must have the approval methods. of the President. The gentleman's amendment in substance On another phase of this resolution-changing the date provides that Congress may by law determine the length of for Congress to convene-it is urged that a constitutional its sessions, but the courts would construe that to mean that amendment is too big a weapon to wield in order to achieve the action of Congress would have to be approved by the the small results contemplated, " that the game is not worth President like any other law before it would be effective. The the candle "; and that the substantial results can be at­ language in the gentleman's amendment does not and can tained by a simple statute. To this I do not subscribe. not enlarge the power of the two Houses of Congress to such It is true under the Constitution that Congress may fix an extent as to enable them to extend their sessions beyond any date for its convening, but there are practical obstacles the time limit mentioned in the amendment unless the con­ well-nigh insurmountable. Suppose we fix March 4, as has gressional action meets with Executive approval. The lan­ been done in the past. If there should be much work, the guage that Congress may by law provide for this or that session would run far into the summer. I am informed that means that Congress in those cases would fun.ction just llke summer w~ather ;.tt this place is inconsistent with good -- - - .. - 3874 CONGRESSIONAL RECORD-HOUSE FEBRUARY 13 work. You can not repeal the weather, neither can you ently opposed any amendment to it which would fix the change it by an act of Congress. time for adjow·nment of the second session of Congress. Again, suppose we fix the convening date on January 4, It seems to me that that may well be left to the discretion as contemplated by this resolution, without changing the of future Congresses, to be exercised in the light of the official terms. This would make the long session a month exigencies as they may exist at the particular time. In my shorter, and, if the short session should last more than two judgment, it is not a proper provision to put into the Con­ months, would present the remarkable and awkward situa­ stitution. It would put Congress in a straight jacket such tion of changing membership in the middle of the session. as it ought not to be put into. I am not afraid to trust The welfare of the country demands the deliberate and Congress to fix its own time for adjournment. I do not unimpassioned judgment of its officers. This is especially believe that anyone need be afraid that the sessions of Con­ true in the legislative branch, where such broad discretions gress will be unduly prolonged without such a provision. are exercised. I agree with the gentleman from Virginia The personal intel'ests and inclinations of Members, if [Mr. MoNTAGUE] that partisanship " is the most insidious nothing else, will take care of that. Congress is more likely disease any of us possesses, and those who possess it most to adjourn when there is business to be performed, when think they possess it least." I also agree that every effort there is legislation that ought to be considered and passed, should be made to remove our deliberations from the sordid than it is to stay in session when there is no business before atmosphere of partisan politics. it and when it ought to adjourn. Who ever knew it to A " cooling time " is urged-meaning a time after an elec­ continue in session under such conditions? The urge is all tion for its heat and passion to subside. "'Tis a consum­ the other way. mation devoutly to be wished." I would also warn you of I wish to say further that I do not entertain the notion a " warming time," meaning a time before an election when that Congress hurts the legitimate business of the country. the heat and passion and hope of the approaching contest Business is sometimes inclined to criticize Congress, but it are being generated and agitated. How shall we dodge the is the first to rush to Congress whenever it gets into trouble. rock and miss the whirlpool? We had an illustration of this this last year. Congress Let us examine our present situation from this angle. adjourned on the 4th day of March. Some business men This session convened 13 months after our last election-an said" That is a good thing; it will give us an opportunity to ample time for the cooling process. It began only 11 months go along about our business without being molested by Con­ before our next election, and will probably end 5 months gress, and give the country an opportunity to get back into a before that contest is determined. We have dodged the rock prosperous condition." We all know what happened. The but the whirlpool lies before us. Free as this Congress has same critics, before the summer was over, were anxious to been from partisanship, the shadow of the coming campaign have Congress get together again, and as soon as the first now lies across our pathway, the atmosphere is charged with Monday in December came and Congress was in session, politics. The " warming time " is on and obstructs and they were here asking Congress to pass legislation to help retards our deliberations and perhaps influences them. them out, and very properly so. From this angle the short session is no better. It convenes I hold in my hand a copy of an address entitled, "Amend­ only one month after the election. Those reelected retUJ.-n ing the Constitution," which I was privileged to hear over with all the heat and passion of the campaign. Recommis­ the radio last Sunday afternoon, delivered by the former sioned they feel not only authorized but directed to write distinguished leader of the Democratic Party in this body into law what they advocated on the stump. While there and now Associate Justice of the United States Court of are outstanding exceptions the attitude of those defeated is Customs and Patent Appeals, Hon. Finis J. Garrett. As even worse. Some do live in an atmosphere of legislative everybody here would expect, it was a highly interesting calm without hope of reward or fear of defeat, but too many and able .address. Of course, he said nothing about this pro­ entertain a grouch. I have never known a man to be con­ posed amendment in that address, but he did discuss it in vinced of error in his position by being defeated at the polls. the Seventieth Congress, and I have before me a copy of his Too often in such a mind his party is personified and loyalty remarks at that time. to it is deified. Free from all restraint he goes any length to I want to call attention to what he thought of this par­ further the interest of his party. We do not now dodge the ticular amendment. He said: rock nor avoid the whirlpool in the short session. Mr. Chairman, it seems to me that the House committee has Again, under our party system, elections frequently turn taken a proposal- upon principles rather than men. The defeat of a candidate And let me say that the House committee at that time re­ is often the rejection by the electorate of the laws he advo­ ported the resolution with a provision in it fixing the day cates. It is an anomaly, to say the least, for a man to hold of adjournment. In the last Congress the committee left out a commission by which he can write into law principles after that provision, as it has in this Congress, but with the they have been rejected and repudiated by his constituents. prestige of the Speaker behind the amendment in the last In this debate we have heard described stirring scenes when Congress, as you all know, it was put into the resolution a party, knowing the end of its power was at hand, made after it was reported by the committee. strenuous efforts to pass laws already rejected by the people This is what the distinguished leader of the Democratic and the party already elected and approved for succession Party in the House at that time said in the Seventieth Con­ equally resourceful and anxious for delay. Such, in my gress about the amendment now proposed: opinion, is not for the best interests of our people. · Mr. Chairman, it seems to me that the House committee has 'Again, I see no reason for a long session and a short ses- taken a proposal which was relatively not of overwhelming impor- sion. A better arrangement would be to equalize the work tance, but which was sumcient to merit amendment of the Con- so the sessions would be of about equal length. stitution, and has attached to it a principle which will do infi.- hese reasons am for the resolution. nitely more harm if adopted than all the good that will be For t 1 wrought by the origin.al proposal. [Applause.] Mr. JEFFERS. Mr. Chairman, I move that all debate on While I stated in the early part of the debate on this matter my this amendment close in 10 minutes. willingness and desire to support that part of this proposal which is a question of mechanics-and I use the word again because I The motion was agreed to. can think of none better-! was unwilling then, and nothing has Mr. MAPES. Mr. Chairman, this resolution has been been stated in the debate which makes me willing now, to vote to kicked about in Congress now for several years. Some lay this limitation upon the power of Congress itself to determine Members say it is not of first importance. That may be as to the termination of its sessions. [Applause.] And with that as an integral part of this amendment, I can not vote to submit it conceded; but Congress has magnified its importance by for ratification. its failure to pass it, and every time it refuses to pass it, it Some gentlemen have said, "Submit it and let it go to con- makes it more important in the eyes of the people. ference." Upon legislative propositions I might be wllling to do f those who have consistently supported the that: but upon an amendment to the organic law I am unwilling I am one O · . Ito nsk my vote to the determination of conferees. The prin- resolution every time it has been before Congress, ever smce ciple of th~s matter has been asserted by many and it is not I have been a Member of-this body, and I have as consist- necessary for me to go into it. I could bring to your attention •,

1932 CONGRESSIONAL .RECORD-- HOUSE 3875 many illustrations of possibilities and probably many illustrations Mr. LAGUARDIA. Mr. Chairman, I reserve a point of of probab111ties that would render this undesirable as a matter of It principle. Take, for example, the question of impeachment. Con­ order against the amendment. seems to me it is the same gress is called upon to exercise this great function, and has amendment that was just voted upon. frequently done it. With a limitation such as proposed, ~ed by The CHAIRMAN. Will the gentleman state his point of the Constitution itself, Congress might be helpless even 1n the order? exigency of an impeachment of the Executive himself. After May 4 of the second year the President is the only power that can ~· LAGUARDIA. If I can not reserve it, I make the bring the Congress back together under this proposition. (Ap­ point of order that in substance it is the same amendment plause.) which was just voted upon by the committee. Mr. Chaiima~ we all know that there are two evils which The CHAIRMAN. No. It is a different amendment. The are inescapable at the end of a short session of Congress, Chair overrules the point of order. when we are automatically compelled to adjourn on the 4th Mr. GIFFORD. Mr. Chairman, I want to call briefly the of March, namely, the filibuster and the rushing through attention of the committee to the fact that it seems to me of ill-considered legislation. The same evils would exist at this amendment ought to meet the objection of the gentle­ the end of any session which was obliged to adjourn auto­ man from Texas. Certainly, it removes the time of adjourn­ matically on a given day. [Applause.] ment from the power of the President. It certainly answers [Here the gavel fell.] the objection of the gentleman from California, and I might Mr. SWING. Mr. Chairman, in the constitutional amend­ call the attention of the gentleman from Alabama [Mr. JEF­ ment before the House, as in every constitutional amend­ FERS] to the fact that the gentleman advocated this, I think, ment, we are considering the granting of power by the last year. · people to the Federal Government. We have here pro­ I regret very much that the other amendment was lost; vided for the meeting of Congress. The precise amendment but, seemingly, this amendment ought to answer practically now under consideration proposes the limitation that Con­ all the objections made against the other amendment. gress shall not be permitted to act or function in its 'con­ I regret that this limitation should be regarded as new stitutional capacity except by and witli' the consent of one matter. I repeat, that we have had this limitation on the man. No one knows who that one man is going to be, what second session ever since the Government was organized, his temperament is going to be, or what his mental or but we treat it here to-day as if it were a new thing, as if we physical condition is going to be at the time some important were talking about our own convenience. Under this amend­ June 4 arrives. ment we are extep:ding the time from two and a half months The Constitution, being fundamental law, ought to pro­ to five months and, Mr. Chairman, I sincerely hope the vide for all contingencies which may happen, and not merely amendment will be adopted. provide for most of the contingencies that may arise. Mr. JEFFERS. Mr. Chairman, I do not desire to extend Who can see into the future and know what the situation this debate now because I know the members of the com­ will be confronting the country on some June 4 when, by mittee want to vote, and I am perfectly willing for them the provisions of the Constitution, if this amendment is to vote, but since it has been stated that this is a proposition adopted, a succeeding Congress will be compelled to ad­ which I sponsored last year, I must state that in trying to journ? We might be in the midst of a national or inter­ arrive at something to modify the hard-and-fast date last national crisis, yet the Congress would cease to function year I did suggest something to this effect. But it was then unless the President of the United States was in a mood to suggested as a modification of the other. and more rigid call a special session. amendment. I was not for this amendment except as a. It seems to me this amendment is primarily prompted by matter of compromise between .the two, and that goes for the question of the comfort and convenience of the Mem­ what happened in conference, also. I think this proposed amendment simply " muddies the water " and we do not bers. We are accustomed to ~ adjourn about June 4. ~ We realize the weather is warm at that time. We therefore know just what the effect of it might be. hope that in the future, while we remain in Congress, we The language of the committee resolution has been studied will be permitted to adjourn at about that time. Prompted carefully by the committee. I think this pending amend­ by this desire for comfort and convenience, we are asked to ment should be voted down. write into the fundamental law of the land that the Con­ Mr. SANDLIN. Will the gentleman yield? gress must adjourn June 4 and go home. Mr. JEFFERS. Certainly; I yield to my friend. We are willing to give to future Congresses the power and . Mr. SANDLIN. Would not the amendment, if adopted, the authority to vote on such important measures as aid to Simply mean that if a majority of the Congress wanted to ad­ commerce; we are willing to permit future Congresses to journ they could not adjourn unle.ss we passed a law and incur debts, provide for the coinage of money, and pass laws then the President could veto it and it would take a J two-. relative to our financial and national banking system. · We thirds vote to override the veto? are even willing to give future Congresses the power to Mr. KVALE. If the gentleman will yield, it is the exact declare war; yet under this amendment we propose to with­ reverse of that. It puts it in a negative way so that unless hoi~ from t~em the inconsequential power of passing a CongTess takes positive action it literally ties the hands of mot10n to adjourn when the business of the House and the Members for the last six months of their term. Congress has been completed. If we can trust their judg­ Mr. SANDLIN. I understand that, but we would have to. ment on these other momentous questions, why can we not get the consent of the President also. trust them to make a right decision on a motion to adjourn? Mr. JEFFERS. Mr. Chairman, I move that all debate on [Applause.] this amendment do now close. The CHAIRMAN. The question is on the amendment The motion was agreed to. offered by the gentleman from North Carolina. .The CHAIRMAN. The question is on the amendment: The question was taken; and on a division. (demanded by offered by the gentleman from Massachusetts. Mr. WARREN) there were-ayes 54, noes 98. The question was taken; and on a division (demanded by So the amendment was rejected. Mr. GIFFORD) there were-ayes 58, noes 88. · Mr. GIFFORD. Mr. Chairman, I offer an amendment. So the amendment was rejected. The CHAmMAN. The gentleman from Massachusetts Mr. SUMNERS of Texas. Mr. Chairman, I offer an offers an amendment, which the Clerk will report. amendment. The Clerk read as follows: The Clerk read as follows: Amendment offered by Mr. GIFFoRD: Strike out all of section 2 Amendment offered by Mr. SUMNERS of Texas: Page 3, strike and insert in Ueu thereof the following: out ~ll af~r "unless" in li.ne 14 down through Une 15 and insert "The Congress shall assemble at least once a year. such meeting in lieu thereof the following: " by concurrent action of both shall be on the 4th day of January. In each even-numbered year Houses of Congress a different day is appointed." the session shall not continue after noon on the 4th day of June, Mr. SUMNERS of Texas. Mr. Chairman, I just want & unless the Congress shall by law or by concurrent action of both Houses of Congress appoint diiferent dates for meeting or adjourn- minute of indulgence on the part of the committee to explain ment." · ~ the proposed amendment. · This amendment· is intended to 3876 CONGRESSIONAL RECORD-HOUSE }fEBRUARY 13 bring this section in line with what seems to be the will of Now, my amendment has two clauses. The first is that the committee with reference to the general question under the proposed article to the Constitution shall be inoperative, consideration, and may I ask the Clerk to read section 2 as unless ratified within seven years. There is a similar provi­ it would appear if amended? sion in the eighteenth amendment, the prohibition amend­ The Clerk read as follows: ment, and the Supreme Court in a decision said in regard SEc. 2. The Congress shall assemble at least once in every year, to the validity of the 7-year provision that: and such meeting shall begin at noon on the 4th day of January, Whether a definite period for ratification shall be fixed so that unless by concurrent action of both Houses of Congress a different all may know what it is and speculation on what is a reasonable day is appointed. time may be avoided, is, in our opinion, a matter of detail which Congress may determine as an incident of its power to designate Mr. LAGUARDIA. Will the gentleman yield for a ques­ the mode of ratification. tion? Mr. SUMNERS of Texas. Yes. In another portion of this opinion the court said: Mr. LAGUARDIA. This comes rather suddenly. The out­ That all amendments must have the sanction of the people of the United States, the original fountain of power, acting through going Congress could then, by concurrent resolution, fix the representative assemblies. date for the convening of the new Congress, and if it were an antagonistic Congress, instead of advancing the date it Now, the first clause of the amendment is that the pro­ could retard the date up to almost the very last day. posed article shall be inoperative unless ratified within seven Mr. SUMNERS of Texas. May I say to my friend from years after submission. The second clause, which I regard New York that the resolution would have to be agreed to by more important from the standpoint of orderly procedure, the House and the Senate, and if we assume that the House is that the ratification shall be by legislatures, the entire and the Senate will do an unconscionable thing with regard membership of at least one branch of which shall be elected to the time when their successors are to meet-well, we are after the date of submission. -This is to give the people, the just in a pretty bad fix. original fountain of power, an opportunity to get acquainted What I want to do is to place in the House and in the with and to pass judgment on the congressional proposal Senate the power to control their own business without hav­ before their agents in the State legislatures are intrusted or ing to go to the other end of the Avenue to get the consent empowered to act. of anybody. Now, the 7-year limitation is reasonable. It has the sanc­ Mr. STAFFORD. Will the gentleman yield? tion of the Supreme Court. It affords ample time for the Mr. SUMNERS of Texas. I yield. States to act. Mr. STAFFORD. Does the gentleman mean that the Furthermore, every one of the 19 amendments to the power should be vested in the Congress simply to control the Constitution was ratified within four years after its sub­ convening date of that Congress, or also of subsequent Con­ mission. No one can insist with reason that seven years is gresses? The gentleman will recall that Andrew Jackson not long enough. vetoed a resolution to appoint a different date for the con­ Now, the second clause, which delays action on the part of vening of a subsequent Congress because the President held the State legislatures, is to insure the people an opportunity that it infringed his prerogative to convene Congress in to instruct the members of at least one branch of the legis­ extraordinary session. The phraseology of the amendment lature how to vote on the proposed amendment submitted by submitted by the gentleman would seem to give power to fix the Congress. I do not know how anyone who understands the convening date of subsequent Congresses. the Constitution and the fundamentals of the Constitution Mr. SUMNERS of Texas. Mr. Chairman, I realize that can possibly object to this clause requiring a delay in action it is hardly fair to the House, hardly fair at this stage of on the part of the legislatures. The Constitution of the the proceedings, to offer an amendment of this character, United States is the people's law. What is in the Constitu- , and I ask unanimous consent to withdraw it, hoping that it tion is law. Only the people can change that law. An act may appear in conference. [Applause.] passed by a Congress is a law by the agents of the people, The CHAIRMAN. Without objection, the amendment and is valid only if that law does not conflict with the will be withdrawn. fundamental law as found in the Constitution. A resolution The Clerk read as follows: to amend the Constitution proposes to change the people's SEc. 5. Sections 1 and 2 shall take effect on the 30th day of law. The first step is to submit it by a two-thirds vote of November of the year following the year in which this article is each House of Congress. It goes to the States for action ratified. by assemblages representative of the people. We could refer Mr -RAMSEYER. Mr. Chairman, I offer the following it to State conventions. If we referred· it to State conven­ amendment. tions, the people would have to elect delegates to the •con­ The Clerk read as follows: ventions, and thereby we would get the proposition before SEc. 6. This article shall be inoperative unless it shall have been the people. Now there are State legislatures in session none ratified as an amendment to the Constitution by the legislatures of the members of which were elected to pass judgment on of three-fourths of the States within seven years from the date of the submission hereof to the States by the Congress; and the act the pending resolution. They should not be allowed to pass of ratification shall be by legislatures, the entire membership of on this proposal until the people themselves have had an op­ at least one branch of which shall have been elected subsequent portunity to consider it. I am sure everyone who under­ to such date of submission. stands the Constitution as the people's law will agree with me Mr. RAMSEYER. Mr. Chairman, this amendment I have on this. just offered does not go to the substance of the pending reso­ On February 14, 1931, I discussed Constitution amending lution. That part of the resolution which propases to at some length, and presented in detail the action of the change or amend the fundamental law is found in sections States on each of the amendments which have become a part 1 to 4, inclusive. My amendment has to do with procedure of the Constitution since the twelfth amendment. Some of of ratification. these amendments were ratified by the States before there This is the same section I have referred to as having been was an election to elect members of the State legislatures. offered to this resolution when first considered in 1928 in In oth~r words, the act of ratification was not by the people this House. Mr. Garrett, the then minority leader, was the but by agents of the people. Agents not selected for that author of this amendment. It was adopted after a debate purpose. Briefly, I call your attention to a few facts. of some length by a vote of 187 to 23. The thirteenth amendment was submitted on February 1, Last year this same proposal was a part of this resolution 1865. In that same year 27 States ratified that amendment. as reported by the committee. In all these States the legislatures acted without instructions I am offering the same amendment that was offered by from the people. The people were not consulted. Mr. Garrett in 1928 and was adopted by a vote of 187 to 23. The fourteenth amendment was submitted on the 16th of It is word for word the same as section 6 in the resolution June, 1866, and that same year six States ratified it. The last year. Then there was no opposition to it. next year 16 States ratified it. When the fourteenth amend· •

1932 CONGRESSIONAL- RE.CORD-· HOUSE 3811 ment was up in the House of Representatives Thaddeus Mr. RAMSEYER. There might be. They should have stevens, who was the leader on the Republican side, wanted an opportunity, at least, and no one who is in favor of or­ the amendment passed before the sun went down in order derly procedure in connection with Constitution amending that it might be acted upon by .the State legislatures, 22 of and who has any respect whatever for the will of the people, which were in session at that time: The spirit of Thad can say anything against deferring action until the people stevens still lives. Some Members here are just as impatient have had a chance to express themselves as proposed in the as Stevens was and are just as disinclined to give the people second clause of my amendment. · a chance to pass on constitutional amendments. Mr. PERKINS. Will the gentleman yield? The fifteenth amendment was submitted on February 27, Mr. RAMSEYER. I yield. 1869; that same year 20 States ratified it. It is needless to Mr. PERKINS. Does the gentleman know that in one case call attention to the fact that in these States the people had a State legislature attempted to adopt a constitutional no opportunity to express themselves. The sixteenth amend­ amendment which had been passed by Congress 84 years ment is the income tax amendment, and that was not so prior? hastily ratified. Only a few States ratified it before new Mr. RAMSEYER. Well, that is true. legislatures were elected. Mr. HARLAN. Will the gentleman yield? The seventeenth amendment was submitted May 6, 1912. Mr. RAMSEYER. I yield. Three States ratified it in that same year. The eighteenth Mr. HARLAN. Does the gentleman think that placing this amendment was submitted on December 17, 1917. Fifteen amendment on the proposed constitutional amendment States ratified it in the year 1918 by legislatures the member­ which, in effect, means the fifth article of the Constitution, ship of which was elected before the amendment was sub­ the general article allowing for amendments; will give power mitted. to select a legislature which is to do the amending? The nineteenth amendment, the woman's suffrage amend­ Mr. RAMSEYER. Oh, my amendment simply affects this ment, was submitted June 5, 1919, and twenty-two States particular proposed article to the Constitution and does not ratified it the same year. No new legislatures had been in the least change Article V of the Constitution. It

~3878 CONGRESSIONAL RECORD-HOUSE FEBRUARY 13 Court says seven years is a reasonable limit, so that every­ Surely the Constitution is not at fault. That superb in­ body will know that there is an end to it some time. If this strument was drawn with admirable foresight and leaves goes into effect, it will be ratified within the next three years. the time of convening completely in the hands of Congress Mr. LOZIER. I hope the gentleman is right-and he usu­ itself. It provides in article.!, section 4, subdivision 2, that ally is right. But the gentleman does not mean to say that Congress: the Supreme Court has held that seven years, and only seven Shall assemble at least once in every year, and such meeting years, is a reasonable time limit in which an amendment shall be the first Monday in December, unless they shall appoint may be ratified. a d.11!erent day. Mr. RAMSEYER. Oh, no. "Unless they shall appoint a different day!" There is the Mr. LOZIER. If the gentleman's amendment prescribed a authority. Why not make use of it if we are really serious time limit of 8 years, 10 years, or 5 years, no doubt the about doing away with "lame-duck" sessions? Supreme Court would hold it reasonable. If each new Congress should meet on the March 4th fol­ Mr. RAMSEYER. I do not know. lowing its election all complaints about " lame-duck " ses­ Mr. JEFFERS. Mr. Chairman, I move that all debate on sions would vanish. The new Members would have three this amendment do now close. months in which to prepare to take up their new duties The motion was agreed to. and those not reelected would have the like period in which · The CHAIRMAN. The question is on the amendment to resume their accustomed nonpolitical vocations. offered by the gentleman from Iowa. The practice of having the new Congress begin its sessions The question was taken; and on a division (demanded by on March 4th following its election has been tried before Mr. RAMSEYER) there were-ayes 42, noes 65. and in practical results it was successful. The only reason So the amendment was rejected. I can conjecture for the abandonment of the practice is Mr. JEFFERS. Mr. Chairman, I move to strike out all that it deprived Washington society of its much-worshiped after the enacting clause in Senate Joint Resolution 14 and soirees, fashionable receptions, and dinner parties. If the· insert in lieu thereof the committee amendment which we demands of fashionable society in the Capital are deemed have 'bad under consideration. of sufficiently momentous importance, Congress, which has The CHAIRMAN. The question is on the committee the power, can provide for a session to begin in December amendment as a substitute for the Senate joint resolution. of the odd-numbered years, to last through the dance season, The-committee amendment was agreed to. up to, say, February 15. This will give the debutantes a The CHAIRMAN. Under the rule the committee rises. chance to dance with Members of Congress every second Accordingly the committee rose; and the Speaker having winter. • resumed the chair, Mr. BULWINKLE, Chairman of the Com­ But whatever plausibility there may be in requiring Con­ mittee of the Whole House on the state of the Union, re­ gress to meet earlier than March 4, there is absolutely no ported that that committee had had under consideration good reason to have the newly elected President and Vice Senate Joint Resolution 14, proposing an amendment to the President take office within two months after the election at Constitution of the United States fL""Pennsylvania Avenue toward the White House, of the election of the Members and the actual commence­ the eyes of that body function immediately upon the Treas­ ment of their legislative work from 13 months to 4 months. ury Building, and there is where the money is, and so a I will vote for the resolution that it may be submitted to ready invitation to spend is offered. the States for consideration, and because there appears a It might have been better had Jackson struck his cane in widespread demand for its approval. I do this with full the sod in some out-of-the-way and obscure place so Con­ knowledge that there is nothing constructive or liberal in gress and the President could not have so readily had before the section that deals with the convening of Congress. their eyes the United States Treasury. For these reasons I Mr. REILLY. Mr. Speaker, the principal purpose of the believe that it would be a wise policy that at least every other joint resolution now before the House is to amend the Con­ year Congress should be compelled by a law or by the Con­ stitution of the United States so as to provide a new date stitution to automatically adjourn. It is at least equally for the commencement of the terms of the President, Vice and I think more important, that the representatives of the President, and the Members of Congress, and a new date for people shall return to their homes occasionally and meet the assembling of Congress. with their constituency and find out more what they are This proposed amendment provides that the terms of the thinking and what they are wanting than it is to remain in President and Vice President shall begin on the 24th day session all the time without limitation, because certainly of January at noon and the terms of Senators and Repre­ when they are not in session the Public Treasury will not be sentatives at noon on the 4th day of January of the years disturbed. For these reasons I favor the adoption of the in which such terms would have ended if this article had limiting amendment. not been ratified; and that the terms of their successors Notwithstanding what I have said of" Old Hickory" Jack­ shall then begin. son, I think the times through which we are now going This amendment further provides that Congress shall demand· nothing so much as a President of the United assemble at least once in every year, and such meetings States of his type. When he was chosen to lead the Ameri­ shall begin at noon on the 4th day of January in· each year can troops at New Orleans at first there was a tie vote· and unless Congress shall by law appoint a different day. the choice of the commander of the troops depended upon The amendment also changes and supplements present the Governor of Tennessee, who at that time happened to be constitutional provisions as to the election of President by Gov. Archibald Roane. It so happened that he was a dis­ the House in case a President should not be elected by the tant relative of my own mother, and I am glad he had the Electoral College, and also supplements provisions for filling good judgment and good sense to place the troops that were all vacancies in case of death or disability of the President to fight at New Orleans under the command of General and President elect. Jackson. Sections 3 and 4 of this proposed amendment read as Mr. GffiSON. Mr. Speaker, the gentleman from Con­ follows: necticut [Mr. TILsoN] and the gentleman from Virginia SEc. 3. If the President elect dies, then the Vice President elect [Mr. MoNTAGUE] have pointed out clearly that the amend­ shall become President. If a President is not chosen before the ment is unnecessary for the purpose of fixing the time for time fixed for the beginning of his term, or if the President elect the meeting of sessions of Congress, since Congress, under fails to qualify, then the Vice President elect shall act as Presi­ dent until a President has qualified; and the Congress may by the Constitution, now has the power to appoint the meeting law provide for the case where a President elect nor a Vice Presi­ times. All that is desired may be brought about by law dent elect has qualified, declaring who shall then act as President, rather than by the cumbersome method of a constitutional or the manner in which a qualified person shall be selected, and such person shall act accordingly until a President or Vice Presi­ amendment. dent has qualified. Congress has acted under its granted power and appointed SEc. 4. The Congress may by law provide for the case of the other days than the one fixed by the fundamental law on no death of any of the persons from whom the House of Representa­ less than 19 occasions. tives may choose a President whenever the right of choice devolves upon them, and for the case of the death of any of the persons The First Congress, with the ,full meaning of the Consti­ from whom the Senate may choose a Vice President whenever the tution fresh in the minds of the Members, passed an act set­ right of choice devolves upon them. ting January 4, 1790, as the date for the beginning of its next session. The following regular session appointed the Under this amendment the newly elected Congress will fourth Monday in October, 1791, for its next meeting. The count the electoral votes, and in case no candidate shall precedent was followed with frequency. The same date was receive a majority in the Electoral College shall choose the selected at least ten times prior to 1821. The third and President of the United States, and the Senate, including fourth Mondays in November were also chosen, as well as the the new Members, shall choose the Vice President of the fourth Monday in October. The short session was set by United States, instead of the electoral vote being counted law on two occasions for the fourth Monday in May. and the President and Vice President being elected by the The gentleman from Connecticut [Mr. TILsoN] has re­ old House and the Senate, as provided by the Constitution ferred to the plan followed during the late part of the at the present time. This amendment will cut short the term of Congressmen administration of President Johnson. The act of 1867 pro­ and Senators and the·President and Vice President in office vided that- at the time of its adoption two months. In other words, the In addition to the present regular times of meeting of Congress there shall be a meeting of the Fortieth Congress of the United terms of their successors will begin two months earlier, and States and of each succeeding Congress thereafter at 12 o'clock consequently the old terms will be two months shorter. Un­ meridian on the 4th day of March, the day on which the term der this amendment the House of Representatives has the begins for which the Congress is elected. . - power to choose a President whenever the right devolves The Fortieth, Forty-first, and Forty-second Congresses upon it, after the time fixed for the beginning of this term­ convened in accordance with that law, which was repealed in the event that it should not be able to choose a President April 20, 1871. before that time. Congress has the power to provide by law Since that time we have departed from the intent of the who would act as President until a President. or Vice Presi­ Constitution that Congress should primarily fix the date for dent should be elected. its meetings. This, of course, all pertains to when there is no choice in The Members of the early Congresses knew the meaning the Electoral College. At the present time in case the of the Constitution and followed it in spirit and letter. We President elect should die, there is some doubt as to whether can profit by their examples, and before this session adjourns or not the Vice President elect should become President of 1932 CONGRESSIONAL RECORD-HOUSE 3881 the United States. This amendment specifically provides enable Congress to count the votes or the electoral college (V that in case of the death of the President elect before he and decide who is to be President and Vice President of the assumes office, the Vice .President shall become President of United 'states. · the United States. Under the present Constitution the old House, in the short Under this amendment, Congress is given power to provide or "lame-duck" session, performed this duty, while under by law fOr the case where neither the President nor Vice this amendment it becomes necessary to call the newly elected President has qualified before the time fixed for the begin­ Senators and Representatives of the House together at an ning of their terms, no matter what the reason for such earlier date in order to perform the constitutional functions failure to qualify. This situation is not covered by any pro­ of counting the electoral votes or of electing a President or vision in the present Constitution. Vice President in case the electoral college failed to make a This amendment also does away with the so-called short choice. session or "lame-duck" session of Congress, and that is The attempt to make a part of this amendment a provi­ where it gets its name. This constitutional amendment has sion increasing the term of office of the Members of the been before Congress for more than 10 years. House of Representatives from two to four years was wisely It has passed the United States Senate at least one-half defeated, in my judgment. While under the present plan dozen times and has been favorably reported by committees a Congressman has only a few months service in Washing­ of the House several times. It was passed by both Houses ton, before he is obliged to stand for reelection, under the of Congress in the last session, but because of an amendment new plan, as provided by this amendment, he will take office attached to the resolution in the House, it died in conference. and become a legislative functioning Congressman about While the amendment works out more carefully the con­ one year earlier and he will have plenty of time within stitutional provisions providing for emergencies in the mat­ which to exemplify, to his constituents, his merits as a ter of naming the President and the Vice President of the legislator. United States, the important purpose attempted to be ac­ In the first place, the proposal to change the term of the complished by this amendment is to do away with the Members of the House of Representatives from two to four short session of Congress, or the second session of Congress, years is a new and distinct constitutional proposition. wherein oftentimes the President and certain Members of While the proposal to fix a new date for the meeting of the House and Senate fimction as lawmakers, for three Congress and to do away with the short session or the lame­ months notwithstanding the fact that at the last general duck session of Congress has been widely discussed in and election they may have been repudiated by the electorate. out of Congress and I believe the people are ready to vote Under the present constitutional system we elect a Con­ upon that proposition at this time. The people are waiting gressman and a United States Senator in November of for the submission of this amendment. The tacking on to an even year and these elected and chosen lawmakers of this amendment of a proposal to increase a Congressman's the people do not and are not permitted to take their term might defeat the amendment entirely. offiees as lawmakers, unless a special session of Congress On the other hand, I am opposed to putting into this is called, unti113 months after their election. amendment or any other amendinent the proposal to increase This situation may have been necessary in the early years the term of a Representative in Congress from two to four of our Republic when we did not have the facilities for years. While it may be a hardship upon Members of this travel and communication that we have to-day, and when House to make a campaign every two years, still, the fact the Members of the Senate were elected by State legisla­ is that this is the popular body of Congress, and in the tures, that did not meet until several months after the election of Congressmen every two years, the people have November elections; but now all this is changed. the right, a right that ought to remain with th~ people, We are living in a day and age when science and inven­ to change national governmental policies. tion have annihilated space and time, and travel is not The men who framed our Constitution wisely provided only easy, but rapid, and when eve1·y hamlet in our land that every two years the people would have the right to has in its evening papers the happenings not only of our approve.or disapprove of the rule of the party in power. To country, but also of the whole world in the last 24 hours. take from the people this right and to give th~m that Again, the function of State legislatures in choosing the privilege only every four years would be to strike a fatal blow United States Senators has been done away with and a to popular government. Senator is ready to perform as a legislator the day after I never expect to see the time come when the States of his election in November, just the same as a United States this Union, either through their legislatures or constitutional Congressman. conventions, will ever take away from the people the right of If this amendment is adopted, the Congress elected in the biennial opportunity now given to them for approving November will assemble on January 4, following the Nov­ or disapproving the conduct of our national affairs. ember election, unless Congress should determine another I also think that this House wisely defeated this amendment date by law. . to this joint resolution providing that in each even-num­ Of course, as is well known under the present Constitution, bered year the said session of Congress shall not continue Congress must assemble on the first Monday of each year after noon on the fourth day of June. Under the present unless Congress should fix another date by law. Constitution the so-called short session in the odd-numbered It is a fact, however, that during the period following the years must expire on the 4th day of March, after a session Civil War, when the country was in a great state of excite­ of only three months, for the reason that the terms of all ment and turmoil, Congress, by statute, appointed March 4, Congressmen and one-third of the Senators end every two or soon thereafter, for the meeting of each succeeding Con­ years, on March 8; but if this amendment is adopted the gress, and for about six years this was the law, until the pas­ situation will be changed and there will be no reason for sions of the Civil War had cooled down, and the law was terminating a session of Congress in the odd years on a repealed and Congress went back to the original provision of certain definite date. the Constitution regarding the meetings of Congress, from The State legislature of my State is not subject to any which no subsequent Congress has departed. constitutional provision as to when its sessions should Under the present Constitution, the terms of the office of adjourn. President and Vice President and of the Members of both Congress should adjourn when its business is finished, no Houses of Congress begin and end on the same day, March 4. sooner and no later. Congress should adjourn when the Under this proposed amendment the terms of the Members President and the Members of both Houses agree that an of the United States Senate and the House of Representa­ adjournment should take place and not before. I include tives begin on January 4 and the terms of the office of the the President in this agreement, because if Congress should President and Vice President begin on · January 24. This adjourn contrary to the views of the President he would arrangement was made necessary by the fact that the new have the privilege of calling it back in a special session. Congress must meet in session prior to the beginning of the By adopting an am~ndmelit limiting the length of a ses­ term of office of the President and Vice President in order to sion of Congress, this Congress will convey to the world that 3882 CONGRESSIONAL RECORD-HOUSE .FEBRUARY 13 in its judgment Congress is incapable of determining as to Col. Charles A. Lindbergh in his flight across the Atlantic. how long it should remain in session. The White House can be visited any morning. In the afterD I believe that the Congress can be trusted to determine noon a trip to the Bureau of Engraving and Printing, where the length of its own sessions. I believe that much ill­ the currency is printed, as well as Government secul1ties, considered legislation has been passed by Congress in the stamps, etc., will be interesting. · short sessions, because of the fact that Congress must ad­ Arlington Cemetery, formerly the hoae of Gen. Robert journ on a certain date, which said fixed date of adjourn­ E. Lee, is across the river in Virginia and can be reached ment prevented the giving of such legislation the necessary by passing over the "ileW $10,000,000 Memorial Bridge. The consideration. .,new driveway will take you to the Tomb of the Unknown I am in favor of the so-called "lame-duck" amendment Soldier and the Arlington Amphithe2.ter. This cemetery is without any amendments, so that it may go to the people the last resting place of generals and admirals, majors, cap­ carrying the principal idea that, in the future or after its tains and colon.~ls, lieutenants, nurses, and privates who adoption, there will be no short sessions of Congress, and served in the Military and Naval Establishments. Heroes of there will be no legislating in this country by a Congress or the Civil, Mexican, Indian, Spanish, and World Wars are a President after they have been repudiated at the polls. buried within its gates. To the south of the cemetery is WASHINGTON, THE NATION'S CAPITAL Fort Meyer, a cavalry post. Mr. COCHRAN of MissC1Uri. Mr. Speaker, I ask unani- Of recent construction is the new Department of Com­ mous consent to extend my own remarks in the REcORD. merce Building, four blocks long, and the new building The SPEAKER. Is there objection? housing the Bureau of Internal Revenue. Four other build­ There was no objection. ings are in course of construction, but a look at the com­ Mr. COCHRAN of Missouri. Mr. Speaker, outside of pleted buildings will give one an idea of what new Washing­ their own community the people of this Nation are more ton will resemble when all the buildings are completed. interested in the city of Washington than any city in the The Treasury Building, under the roof of which is housed country. This is very properly so, because Washington is more gold and silver than under any other in the world, is the Nation's Capital, its seat of government, destined to east of the White House. The beautiful State, War, and be the most beautiful capital city in the world. Navy Building is on the west of the White House. Through­ Housing, ~s it does, the offices wherein the Government's out the city will be found Government buildings, all more or business is transacted, there is also within its borders less interesting, many with historical backgrounds. hundreds of interesting places which no doubt accounts for Washington is a city of parks and has one of the finest) the millions that visit this city every year. zoos in the country. During 1932 this city will be the scene of the celebration National societies have set up in Washington their head­ of the two hundredth anniversary of the birth of the quarters and many scientific organizations have their own Father of our Country, Gen. George Washington. Starting buildings and museums. It is also an art center and visitors February 22 and continuing throughout the year, various interested in art should see the Freer Gallery as well as -th events interesting as well as educational will be staged. Corcoran Art Gallery. Probably more of our citizens will come to Washington in Its churches are not surpassed anywhere. There is now 1932 than ever before in its history. under construction a new Episcopal Cathedral to cost in Ceded to the Government by the States of Maryland the neighborhood of $25,000,000; the Shrine of the Immacu­ nd Virginia, Washington is an independent city, known late Conception, to cost an equal amount, which will be as the District of Columbia. Congress is its legislative body, located on the grounds of the Catholic University. They · and its affairs are handled by a board of commissioners pro­ are partly completed and should not be overlooked. In vided for by an act of Congress. It has no representation the Episcopal Cathedral crypts are the remains of the late ~in the Halls of Congress and its citizens have never been President Wilson and Admiral Dewey. accorded the right of suffrage. For years this has been a The Franciscan Monastery, in the northeast section of topic of discussion and some day, no doubt, an amendment the city, constructed by the friars, is a replica of the to the Constitution will be presented to the States that monastery in the Holy Land and the American citizen who will provide for a change in existing conditions. has never had an opportunity to go abroad is afforded a In view of the fact that millions of our citizens, your chance to learn of the customs of the past and the activities constituents and mine, will visit the seat of government in of this religious order. Its crypts, its catacombs, its altars, 1932; it is ·only fitting that something should be said in works of art, and its grounds have historical significance. reference to this interesting city at this time. Outstanding among the buildings in Washington is the Visitors are ever reminded of our first President during Capitol. Therefore it is my purpose to dwell at some length their stay in this city by Washington's Monument. It is on this historical building. 555 feet in height and can be seen from any part of the city. A TRIP AROUND THE CAPITOL Another memorial to Washington that every visitor should In order to understand the Capitol, we must not only see see is Mount Vernon, where he lived and died. It is but its architecture, examine its works of art, but we must know Ua few miles from the city, and the Government, in connec­ something of its history. We are now standing at the east tion with the 1932 celebration, has provided a wonderful entrance of the basement floor of the Capitol, known as the new highway that leads to its gates. Supreme Court entrance. At our left is a large tablet com­ { The Lincoln Memorial, for which that great Missourian, memorating the one hundredth anniversary of the laying o ( Champ Clark, was mainly responsible, is one of the out­ the corner stone of the Capitol on September 18, 1793. The standing pie<;es of architecture in the United States. corner stone was laid by President George Washington, and It was in Ford's Theater on Tenth Street between E and F Masonic lodges participated in the exercises. The corner Streets, where President Lincoln was shot. He was carried stone is not visible. The records show it was laid in the across the street to a residence where he died. Congress southeast corner and that it was necessary to descend into a recently provided for the reconstruction of Ford's Theater trench in order to lay the corner stone. Consequently, this and it now houses an interesting collection of articles form­ historic stone is below the ground level at the present time. erly the property of Lincoln and is now known as the When Congress removed to Washington from Philadelphia ( Lincoln Museum. and the Government was moved here in the year of 1800, Among the many public buildings that should be visited there was bu,t one rectangular building standing, and it is in 1 the southeast corner of this rectangular building that the { are the White House, the Capitol, the Library of Congress, the two museums under the control of the Smithsonian cornerstone was laid. The dimensions of the building ~ere Institution. Missourians will be interested in the old Na­ as follows: Length, 134 feet; width, 120 feet. These are tional Museum because, among the thousands of exhibits, approximate dimensions, and both the north wing and the will be found, as soon as you enter the main door, hanging south wing form a .part of the circular wall of the prssent from the ceiling the Spirit of St. Louis, the plane used by rotunda. 1932 CONGRESSIONAL RECORD-HOUSE 3883 Entering the Capitol Building by the Supreme Court en­ the Supreme Court of the United States will be located. trance, we find ourselves in a small vestibule. In this vesti­ At our right and at the south we can see the House Office bule are six historic columns called by some " the cornstalk Building and the new House Office Building now in course columns." These columns were designed by Latrobe and of construction. The doors through which we enter this executed by Giuseppe Franzoni in the year 1809. These portico are ornamented by two bronze doors called " the columns were here when the Capitol was burned by the Crawford bronze doors," typifying and illustrating early British in 1814. They are the oldest examples of architec­ periods of American history. Over this door is a sculptural tural decorations in the Capitol Building. group representing History and Justice, the work of Thomas At our right as we enter this vestibule we find a door lead­ Crawford and practically the only work relating to the ing to the law library of the Supreme Court. We may enter Capitol completed under his supervision. We should not if we will be very quiet for the readers must not be disturbed. forget, however, that the pediment over the portico at the This room was the old Senate Chamber and was originally east of the Capitol is ornamented by sculptural work de­ two stories in height. After the Capitol was burned by the signed by Thomas Crawford and executed here in Wash­ British and the restoration was commenced, the arrange­ ington by artists working from the Crawford models. This ment was changed so that the Senate Chamber occupied the pediment represents the progress of American civilization space immediately above this and the Supreme Court used and the decadence of the Indian inhabitants. the present law library as a court room. In the center of Returning to the Senate wing we find at our right a large the curved space to the west side of the hall is a bas-relief reception room used by those waiting to see the Senators, of Justice, the work of Giuseppe Franzoni. and from this room the cards are sent in to the floor of the Proceeding to the central portion of this Supreme Court Senate. The side walls and ceiling of this room are beauti- section of the building, we find a rotunda, two stories in fully decorated, and the room is lighted by two prism chan- / height. This lower story is supported by large square col­ deliers of cut glass. Proceeding by a cross corridor we come umns. Proceeding we come to a tiled vestibule, 44 feet long, to the grand eastern staircase built of Tennessee marble. which connects the old building with the present. Senate On this staircase is a. celebrated painting by W. H. Powell wing. This vestibule is paved with tile made at Stoke-upon­ entitled" The Battle of Lake Erie." This painting covers the Trent, England. In fact, all of the tile floor of the Senate entire area of the east wall of the staircase. At the foot wing is composed of tile of this character. This vestibule of the staircase on our right is a heroic-size statue of Benja- represents the extreme north end of the old CapitoL min Franklin, the work of Hiram Powers. Turning through We proceed northward and enter what is known as the the south corridor of the main floor of the Senate, we find Senate wing of the Capitol. We are still in the basement upon the walls portraits of distinguished citizens of the of the Capitol. At our right are telegraph offices and the United States, formerly connected with the legislative branch Senate restaurant, dignified by the somewhat ancient name of the· Government. Clay, Calhoun, Morrill, Allison, Sum­ of "refectory." Upon this floor we find many mural deco­ ner, and Webster may be seen upon the walls. In niches on rations. There are two corridors running east and west. the north side are busts of those who have been Vice Presi­ We find in these corridors much that would interest the dents of the United States. Further along the corridor we visitor in the way of mural decorations. These decorations find portraits of John Langdon, Abraham Lincoln, Andrew are not duplicated in the basement floor of the House wing Jackson, George Washington, Thomas Jefferson, John of the Capitol. It should be remembered that when this Adams, and Patrick Henry. The visitor ought to spend a Capitol was erected there was no provision made for ele­ few minutes in examination of the beautiful tile floors to vators, neither for electric lighting. Changes have been be found in this corridor. made from time to time to accommodate the introduction At the west end of the corridor we come to the west grand of elevators and an electric-lighting system as well as such staircase. This is built of white marble. At our right is a further improvements as air conditioning and steam statue of John Hancock, by Horatio Stone, placed upon a heating. pedestal from the Hancock home in Massachusetts. This By an elevator we come to the main floor of the Senate. pedestal is inscribed " He wrote his name where all the Passing out of the door at the east end of the main corridor nations could behold it, and where all time should not we find ourselves on a portico giving us an extended view efface it." of the park area to the east of the building. At our left In the niches of the gallery floor of the Senate Chamber we can see the Union Station, the Senate Office Building, are busts of former Vice Presidents. A list of busts of at the east the Library of Congress and an unimproved Vice Presidents of the United States in the Senate Chamber area similar to the area of tne Library of Congress where and the Senate wing of the Capitol follows: List of Vice Presidents of the United States in the Senate Chatnber and the Senate wing of the Capitol

No. Name State Period of service Name of sculptor

1 John Adams------Massachusetts ______Apr. 30, 1789-Mar. 3,1797------­ Daniel Chester French 2 Thomas Jefferson______Virginia______Mar. 4, 1797-Mar. 3,1801.------­ Sir Moses Ezekiel. Mar. 4, 1801-Mar. 3, 1805------­ Jacques Jouvenal. 43 AaronGeorge Burr------Clinton______New_do York ______------Mar. .(, 1805-Apr. 20, 1812 ~------­ Vittorio A. Ciani. 6 Elbridge Gerry------Massachusetts __ ------Mar. 4, 1813-Nov. 23, 1814 ~------­ Herbert Adams. 6 Daniel D. Tompkins______New York __ ------Mar. ~. 1817-Mar. 3,1825------­ Charles H. Niehaus. 7 John C. Calhoun______South Carolina______Mar. ~. 1825-Dec. 28, 1832 '------­ Theodore A. Mills. 8 Martin Van Buren.------New York_------Mar. 4, 1833--Mar. 3, 1837·------­ U. S. J. Dunbar. 9 Richard M. Johnson. ___ ------Kentucky------Mar. •4, 1837-Mar. 3, 184L------­ James P. Voorhees. 10 John Tyler_------Virginia______Mar. 4, 1841-Apr. ~. 184L------­ Wm. C. McCauslin. Mar. 4, 1845-Mar. 3,1849.------Henry J. Ellicott. 11 George M. Dallas_------Pennsylvania.------Mar. 5, 1849--Jnly 9, 1850 ______12 Millard Fillmore __ ------New York __ ------Robert Cushing. 13 William R. King_------Alabama______Mar. 4, 1853--Apr. 18, 1853 ~------­ Wm. C. McCauslin. 14 John C. Breckinridge______Kentucky------Mar. 4, 1857-Mar. 3, 186L------­ James P. Voorhees. 15 Hannibal Hamlin. __ ------Maine ___ ------Mar. 4, 1861-Mar. · 3, 1865·------­ Franklin Simmons. 16 Andrew J ohn::on __ . _------Tennessee ______Mar. 4, 1865-Apr. 15, 1865------­ Wm. C. McCauslin. 17 Schuyler ColfaL. ------Indiana _____ ------Mar. 4, 1869-Mar. 3, 1873·------­ Frances M. Goodwin. 18 Henry Wilson______Massachusetts __ ------19 William A. Wheeler______New York ______Mar. 4, 1873--Nov. 22, 1875 ~------­ Daniel Chester French. Mar. 5, 1877-Mar. 3,1881..------­ Edward C. Potter. 20 Chester A. Arthur------_____ do. ___ ------Mar. ~. 1881-Sept. 19, 188L------­ Augustus Saint-Oaudens. 21 Thomas A. Hendricks------Indiana ______: ______Mar. 4, 1885-Nov. 25, 1885 ~------­ U. S. J. Dunbar. 22 Levi P. Morton ______New York ______F. Edwin Elwell. 23 Adlai E. Stevenson ______lllinois ______Mar. 4, 1889-Mar. 3, 1893------­ Mar. 4, 1893-Mar. 3, 1!!97 ------­ Franklin Simmons. 2~ Garret A. Hobart------New Jersey------Mar. 4, 1!197-Nov. 21,1 99 ~------F. Edwin Elwell. 25 Theodore Roosevelt------New York ______Mar. 4, 1901-Sept. 14,1901 ______James Fr asar. 26 Charles W. Fairbanks ______Indiana ______27 James S. Sherman______New York ______Mar. 4, 1905-Me.r. 3, 1909------­ Franklin Simmons. Mnr. 4, 1909-0ct. 30, 1912 ~------Bessie Potter Vonnoh. 28 Thomas R. MarshalL ______Indiana ______Mar. 4, 1913--Mar. 3,192L ______.: Moses A. Wainer Dykaar. 29 Calvin Coolidge______Massachusetts __ ------Mar. 4, 1921-.Aug. 3, 1923------­ Do. 30 Charles G. Dawes______illinois______Mar. 4,1925-Mar. 3,1929 .. ------Joe Davidson.

I Died. JResigned. 3884 CONGRESSIONAL RECORD-- HOUSE .FEBRUARY 13 Some of the desks of the Senate Chamber are from the We have now reached the east corridor of the Senate old Senate Chamber and when additional desks were neces­ wing. On _ pedestals we find busts of Lincoln, Pulaski, sary owing to the admission of new States and election of Charles Sumner, James Bryce, Giuseppe Garibaldi, Zachary new Senators therefrom, desks following the patterns of the Taylor, Aysh-ke-bah-ke-ko-zhay Peace Monument. At our left artist; a bronze statue of Jefferson, by the same artist; a hand is the Capitol walk leading to Maryland Avenue. At plaster statue of Washington after the original marble, by the foot of this Avenue is the Garfield statue. We can see Houdon in Richmond; a marble statue· of Alexander Hamil­ the Washington Monument, New National Museum~ Smith­ ton, by Horatio Stone; marble statue of Baker, by Horatio sonian Institution, Lincoln Memorial, the far-off hills of Stone; marble statue of Grant, by Franklin Simmons; statue Virginia, the Potomac River, and church spires at our right of Lincoln, by Vinnie Ream, afterwards Mrs. Hoxie; and and at our left. This portico is the work of Charles Bulfinch, head of Lincoln, by Gutzon Borglum. Over the four en­ and seems to be the only portion of the work of Bulfinch trance doors are high relief groups, the one over the south that is specifically his own. Bulfinch was the architect in I door being that of Boone and the Ind~an, over the north charge of the erection of the central portion of the Capitol; door Penn's Treaty with the Indians, over the east door the the plans, however, had been prepared long before his ap­ Landing of the Pilgrims, and over the west door Pocahontas pointment to this position. This portico, however, seems Saving the Life of John Smith. to have his own introduction of his idea of the best treat­ 1 We must not omit in our visit to the rotunda to pay some ment of this important portion of the building. All this 1 attention to the large painting forming the ceiling of the west front of the Capitol and the central portion was for- I rotunda, . 180 feet above the floor where we are standing. merly occupied by the Library of Congress before the pres-1 This painting represents the apotheosis of Washington, ent Library Building was erected and occupied in 1897. I encircled by 13 female figures, the head of each crowned Leaving the rotunda and proceeding to the south, at our\ with a star. These figures represent the 13 States: right we find a staircase with stone steps leading to the Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, gallery of the old Hall of the House of Representatives. Massachusetts, Maryland, South Carolina, New Harr..pshire, This hall is now known as Statuary Hall. In 1864 by an Virginia, New York, North Carolina, and Rhode Island. act of Congress it was set apart as Statuary Hall. This is · These figures are represented geographically and not in probably the most beautiful room in the Capitol Building the order in which the States adopted the Federal Consti­ when considered from the standpoint of an architect. It tution. When we consider that this work is 180 feet above was burned in 1814. At that time the hall was in the form the floor of the rotunda and that it is composed of two of an ellipse or a rectangle abutting upon two half circles. circular compositions, the inner representing the circle of The columns were Aquia Creek sandstone and were so badly the 13 States, the outer representing War, Agriculture, damaged by fire they had to be removed. The new columns Mechanics, Commerce, Marine, and the Arts and Sciences, are of Breccia marble ~ The capitals are of Italian marble we may properly appreciate the merit of this work. This and were carved in Carrara, Italy. This carving was in large painting is the work of Constantino Brumidi. charge of Giovanni Andrei, who was sent to Carrara, his High up on the walls of the rotunda is a series in fresco ho~e city, in 1815 to superintend the carving of these capi­ representing epochs in American history. This series has tals to be frsed in the restoration of this hall. The side never been completed. The work is that of Constantino walls and the frieze are of Aquia Creek sandstone. Brumidi and Filippo Costaggini. In 1864 Congress enacted a law providing that each State While visiting the rotunda, we should get a view of the should be requested to send two statues in marble or bronze city to the eastward from the central entrance or portico of of deceased citizens such as the State may desire to com­ the Capitol. As we move to the east we see at our left hand memorate in this manner. This Statuary Hall now contains a group of statuary, by Hm·atio Greenough, called "The 64 statues. A list of these statues follows: Rescue Group,'' and a group of statuary at our right hand called" The Discovery Group," by Luigi Persico. Statues in Statuary Hall We are now facmg the east main entrance of the Capitol. This is the location where all of the inaugural ceremonies State Name of statue Name or sculptor attending the inauguration of a Pr-esident are held. Large Alabama ______J. L. M. Curry______Dant-e Sodinl. platforms are erected seating thousands of people stretch­ Do ______Gen. Joe Wheeler------Berthold Nebel. Arizona ~------John Campbeii Greenway _____ Gutzon Borglum. ing along the east line of the Capitol Building. On those Arkansas ______: ____ Uriah M. Rose ______F. W. Ruckstull. roccasions the grounds and all available space to the east Do ___~------James P. Clarke ______Pompeo Coppini. California_.______Junipero Serra ______Etto.re Cardorin. are filled with spectators, for although they may not be able Do ______Thomas Starr King ______Haig Patigian. to be close to the inaugural stand, by the process of ampli­ Connecticut______Roger Sherman ___ ------C. B. IVes. - Do ______Jonathan TrumbulL______Do. fication the visitors are able to hear for some two squares Florida ______John Gorrie______C. A. Pillars. " distant from the platform the voice of the President as he Do______E. Kirby Smith______Do. Georgia_------Alexander H. Stephens______Gutzon Borglum. delivers his inaugural address. In niches in the wall of Do ______Dr. Crawford W. Long ______J. Massey Rhind. the Capitol are found two statues, one in the right hand, Idaho ______..: ______George L. Shoup ______F. E. Triebel. th~ lllinois ______James Shields ______L. W. Volle Statue of War, the other in the left hand, the Statue of Do______Frances E . Willard ______Helen Farnsworth Mears. Peace. These statues date from the year 1843 and are Indiana ______Oliver P. Morton ______C. H. Niehaus. Do______Lew Wallace______Andrew O'Connor. the work of Luigi Persico. Over the main entrance is a Iowa ______James Harlan ______Neillie V. Walker. decorative bas-relief showing the crowning of Washington. · Do______S. J. Kirkwood______Vinnie R. Hoxie. This work is by Capellano, the Florentine sculptor, and Kansas ______John J. Ingalls ______C.ll. Niehaus. Do______George W. Glick______Do. dates from the year 1825. We must also look at the bronze Kentucky ______Henry Clay______Do. Do______Ephraim McDowell______Do. doors modeled somewhat after the bronze doors of the Maine ______William King ______Franklin Simmons. Baptistry of Florence. These doors are known as the Mary land---~------Charles CarrolL______R. E. Brooks. Do-----~------John Hanson______Do. " Roger Doors," sometimes called the " Columbus Doors,'' Massachusetts ______Samuel Adams ______Anne Whitney. o._r the reason that the panels depict incidents in the life Do______John WinthrOP------R. S. Greenough. LXXV--245 3886 CONGRESSIONAL RECORD-HOUSE .FEBRUARY 13 Statues in Statuary Hall--Continued known as "The Emancipation Proclamation" or "Lincoln · Name of Sculptor and his Cabinet." This staircase follows closely in marble State Name of Statue and architecture the east staircase of the Senate, Tennessee Michigan______Lewis Csss------D. 0. French. Do______Zach&riah Chandler ______C. H. Niehaus. marble being used in both east staircases. Minnesota ______Henry M. Rice ______F. E. Trievel. We are now in the House wing of the Capitol. At the MississippL ______Jefferson Davis______Augustus Lukeman. time of its construction the House wing and the Senate Do______James Z. George_------Do. Missouri______Francis P. Blair ______Alex. Doyle. wing were designated as " Extensions to the Capitol." The Do ______ThotruiS H. Benton______Do. New Hampshire _____ John Stark______Carl Conrsds. cornerstone of these extensions was laid in the northeast Do ______Daniel Webster------Do. comer of the House wing of the Capitol on July 4, 1851, by New Jersey------Richard Stockton ______H. K. Brown. Millard Fillmore, then President of the United States. The Do______Philip Kearney __ ------Do. New York ______Robert R. Livingston______E. D. Palmer. principal oration on that occasion was made by Daniel Do______George Clinton _____. ______H. K. Brown. Webster, then Secretary of state. The architect of these North Carolina ______Zebulon B. Vance______Gutzon Borglum. Ohio ______James A. Garfield ______C. H. Niehaus. wings was Thomas U. Walter. Do______William Allen______Do. Oklahom:L ______Sequoyah ______Vinnie R. Hoxie. Architects in considering the Capitol as a whole and bear- ) Pennsylvania ______J.P. G. Muhlenberg______Blanche Nevin. ing in mind the fact that it comprises four different building Do______Robert Fulton_------Howard Roberts. Rhode Island ______Nathanael Greene ______H. K. Brown. operations, are free to admit that as a completed whole it Do______Roger Williams_------Franklin Simmons. has no lack of unity and that it is not only the Capitol Sooth Carolina ______John C. Calhoun______F. W. Ruskstull. but the most beautiful monumental building existing in the Do______Wade Hampton______Do. Tennessae______Andrew Jackson..______Belle Kinney Sholz and L. F. United States. Sholz. The old Capitol had a low dome. The present dome was Do______John Sevier_------Do. Texas ______Stephen F. Austin _____ :_ Elisabet Ney. included in the building operations of the extensions. That Do ______Samuel Houston______Do. Vermont ______Ethan Allen ______L. G. Mead. is, the Senate wing, the House wing, and the new dome of Do ______Jacob Collamer------Preston Powers. the Capitol were followed along the same building plan and Virginia______Washington.. ______Jean Antoine Houdon. under the charge of the same architect. The House of Rep­ Do______Robert E. Lee_------Edward V. Valentine. West Virginia ______John E. Kenna------Alex. Doyle. resentatives, the finest deliberative body of the world, occu­ Do______Francis H. Pierpont______Franklin Simmons. Wisconsin ______James Marquette ______G. Trentanove. pied its new quarters for the first time on the 16th of No­ Do______Robert M. La Follette ______Jo Davidson. vember, 1857. The Senate moved from the present SUpreme Court Room to the present Senate Chamber in January, Visitors from different states may find here representa­ 1860. tive citizens selected by the States for these places of honor. We find on the gallery floor of the House the same deco­ The acoustics of the hall are very difficult and from cer­ rative treatment of the :floors in tile that is found in the tain points remarkable echoes can be heard. Not only was Senate wing. Facing the First Reading of the Emancipa­ this hall unsuited on account of its form and arrangement tion Proclamation, we are enabled to see the portraits of all for the purposes of a deliberative assembly, but the growth of the members of President Lincoln's Cabinet as it existed of the country made necessary a larger space for the meet­ in 1863. This picture is seen at the best advantage at a ings of the House of Representatives. The House met here little after 12 o'clock on a bright day. On such occasions until the 16th of November, 1857, when it moved to its new there is abundant light to bring out all of the features of quarters in the wing where the present House is established. this wonderful painting. This canvas was painted in the A low gallery surrounds the curvature of this auditorium. White House. It was criticized from time to time by Presi­ Immediately over the northern door is a group called "The dent Lincoln. Shortly after his death it was exhibited in Car of History," or" The Franzoni Group." This work was all of the large cities of the United States and many en­ executed by Carlo Franzoni in 1819. Carlo Franzoni was a gravings of this picture were sold at the time of the exhibi­ younger brother of Giuseppe Franzoni, whose work we have tion. The picture was finally presented to the Government seen ·in tlie cornstalk columns in the Supreme Court entrance by Mrs. Elizabeth Thompson. Public exercises, presenta­ of the Capitol. tion, and acceptance were held in the Hall of the House of On the south wall of Statuary Hall, high abo-re the frieze, Representatives. is a plaster statue of Liberty, by Enrico Causici. On the From this gallery floor we are able to see on the wall frieze immediately over the south entrance to Statuary Hall facing the Emancipation Proclamation picture a large is an eagle with extended wings, the work of Giuseppe Vala­ painting of Henry Clay, by John Neagle. Also, a portrait perti, and the only work of this sculptor known to exist in of Gunning Bedford, jr., by Charles Willson Peale, and this country. This belongs to the period of the restoration north of the portrait of Henry Clay, the portrait of Charles in 1816. Carroll of Carrollton, by Chester Harding. Proceeding to the south we pass through an archway The west grand staircase contains a large mural painting formerly occupied by the ·columbus doors. On our right is called "Westward the Course of Empire Takes Its Way." the bust of James R. Mann, formerly a prominent Repub­ The painting is by Emanuel Leutze and historically the lican Member of the House of Representatives. On the left picture marks a period during which work was nearly sus­ is the bust of Champ Clark, of Missouri, popular Democratic pended in the Capitol. In the dark days of 1862 Emanuel Speaker of the House. Just before entering the corridor Leutze completed this picture and for a time it was about running east and west in the north corridor of the Hall the only work of importance that was carried on in the of the House of Representatives we find on our right a Capitol Building. The picture is graphic in its portrayal bust of Martin B. Madden, for some time chairman of the of the hardships of the immigrants who were moving to the House Committee on Appropriations. On our left is a bust West. All types of these hardy pioneers are found in this of Claude Kitchin, majority leader during the adininistra­ painting. tion of Woodrow Wilson. Proceeding around the corridor Facing the mural decoration Westward the Course of " to the ea.st we may see from the northe1n windows of this Empire Takes Its Way is a large seated portrait of Chief con-idor an excellent view of the east grounds of the Capito.t Justice Marshall, by Richard N. Brooke. This picture is a On pleasant days all available parking space is occupied by copy of an original by W. D. Washington now in the court automobiles. - house at Warrenton, Va. It shows the Chief Justice wear­ At the foot of the east grand staircase of the House of ing his robe of office, with a background for the paint­ Representatives we find a marble statue of Thomas Jeffer­ ing, strongly reminiscent of the old chamber of the Supreme son, the work of Hiram Powers. This statue and the statue Court now occupied bY the law library of that court. of Franklin on the Senate side and a bust of Chief Justice At the foot of the west grand staircase is the bronze bust Marshall are the only examples of the work of this cele­ of Be-sheck-kee, Chippewa chief. This bust is a replica brated sculptor of the period from 1850 to 1857. Facing in bronze of the bust in the Senate wing, by Vincenti. the east grand staircase is the large painting by Francis The floors of the main and basement floors of the House B. Carpenter entitled " The First Reading of the Emanci­ wing of the Capitol are now tiled with marble replacing the pation Proclamation." The picture is more properly highly ornamental tile such as now exists in the Senate 1932 CONGRESSIONAL RECORD-HCf(JSEr 3887 wing of the Capitol. This was necessary on account of the on the lot immediately in front of the House wing of the·i wear which had occurred in the more than one-half cen­ Capitol. Interesting addresses were made by Champ Clark, I tury that this tile had been in place, and for the further then the Speaker of the House of Representatives, and by reason that it was impossible to secure additional tile of the Paul W. Bartlett, the sculptor. The sculptural work in this l same pattern to replace damaged spaces. pediment is considered to be one of the finest examples of 1 From the east portico of the House wing we are able to work of this class in the United States. It was executed ' secuTe a much better view of the Library of Congress, House by Mr. Bartlett when he was at the full height of his powers / Office Building, and the new House Office Building. At our of sculptural expression. ~ left, close in line with the House Office Building,· is the The Capitol Grounds contain 58.8 acres. The area to the church spire of st. Peter's Church. north of the Capitol which is now being landscaped will, The bronze doors of the House side were designed by when completed, give to the entire Capitol Grounds an · Crawford, but completed by W. H. Rinehart. They contain area of a little more than 120 acres. three panels and a medallion, picturing events in American Proceeding toward the south by the east corridor of the history. The subjects portrayed upon the House doors are: House wing of the Capitol we come to the Speaker's lobby. Upper panel, left-hand door, the Massacre of Wyoming, This space used to be occupied as offices for the Speaker, July 17, 1778; center, the Battle of Lexington, April19, 1775; Sergeant at Arms, and one room for the members of the lower, Presentation of Flag to Gen. William Moultrie for press. About 1879 additional openings were cut through to his Defense of Sullivans Island, Charleston Harbor, June 28, this corridor so that there might be an~portunity for ven­ 1776; and the medallion at the bottom shows the Death of tilation from windows at the south. Ab ut that time the1·e General Montgomery, December 31, 1775. The upper panel were hanging on the walls of the Spea r's room small por­ of the right-hand door depicts the Declaration of Independ­ traits of former Speakers. These portraits have been ence; below this the Paris Treaty of Peace between the given a place in the present room of the Speaker in the. United States and Great Britain, September 3, 1783; the southeast corner of the building and the larger portraits next, Washington's Farewell to His Officers at New York, have been introduced in this corridor between the floor of December 4, 1783; and the medallion at the bottom of the the House and the room occupied by Members when they door contains a seated figure of Franklin. desire to meet and discuss matters or to examine papers. The pediment over the House wing of the Capitol was A list of portraits of former Speakers in the Speaker's unveiled August 2, 1916. The unveiling exercises were held lobby follows:

Portraits of former Speakers in the Speaker's Lobby

Name Stato From- To- N arne or artist

Feb. 2,1856 Mar. 3,1857 R. W. Vonnoh. ~~~u;;~t=e~ ~=~~~~::::::::::::::~~:::::::::::::: ~1~=-~~~~=~:~::::::::::::::::::::::~::::~~::::::: Dec. 4,1821 Mar. 3,1823 Kate Flournoy Edwards. Bell, John ______------_ Tennessee ____ ------June 2, 1834 Mar. 3, 1835 Willie Bettv Newman. Blaine, James G_____ ------_ 11aine ___ ------_____ -----_ Mar. 4, 186'J Mar. 3,1871 Freeman Thorp. Do ______------_____ do ______------Mar. 4, 1871 Mar. 3,1873 Do______. ______------___ --_____ --_-- _- ______do ______-----____ ------_---__ ----_------Dec. 1,1873 Mar. 3,1875 Boyd, Linn______------Kentucky ____ ------_ Dec. 1,1851 Mar. 3,1853 Stanley Middleton. Do ______------______do ______------Dec. 5, 1853 Mar. 3, 1855 Cannon, Joseph G ------______-----______illinois ______------___ ------___ _ Nov. 9,1903 Mar. 3,1905 W. T. Smedley. Do ______------_____ do _____ ------__ Dec. 4, 1905 Mar. 2, 1907 Do ______----_------_------____ ----__ ------_____ do _____ ------Dec. 2, 1907 Mar. 3, 1909 Do ______------_____ do------Mar. 15, 1909 Mar. 3, 1911 Carlisle, John G ------_--- _---- _------_------______Kentucky ___ _------______Dec. 3, 1883 Mar. 3,1885 Ellen Day Hale. Do ______------__ ------_____ do ______------______------Dec. 7, 1885 Mar. 3, 1887 Do ______------_____ do ______------Dec. 5,1887 Mar. 2,1889 Cheves, Langdon_------South Carolina______Jan. 19,1814 Mar. 3,1815 Hal Morrison: Clark, Champ______------_---_------1\.Iissouri ______------Apr. 4, 1911 Mar. 3, 1912 Boris Gordon. Do _____ ------______------______do _____ ------_------Apr. 7,1913 Mar. 3, 1915 Do. ______------_------_------_____ do ______------Dec. 6,1915 Mar. 3,1917 Do ______------_____ do ______------Apr. 2,1917 Mar. 3,1919 Clay, Henry------_------Kentucky------Nov. 4, 1811 Mar. 3, 1813 Giuseppe Fa~nani. Do. __ ------_____ do ______------May 24,1813 June 19, 1814 Do ______------______--______--______do ______------______Dec. 4, 1815 Mar. 3,1817 Do ______-_- ___ -_- ___ -______-______do ______---__ ----______-______-_-_------Dec. 1,1817 Mar. 3, 1819 Do ______------_------_____ do ______------Dec. 6, 1819 Oct. 28, 1820 .. Do ______------_____ do ____ ------Dec. 1,1823 Mar. 3,1825 Cobb, Howell. __ ------_--- __ ------Georgia __------Dec. 22, 1849 Mar. 3, 1851 Lucy Stanton. Colfax, Schuyler ___ ---·-_----_____ -______-______Indiana ______---______-_- Dec. 7, 1863 Mar. 3, 1865 Freeman Thorp. Do______---_____ ---_-----___ -_---______-______do ______----_------_--_------Dec. 4, 1865 Mar. 2, 1867 Do ______------_------_____ do _____ ------_------Mar. 4,1867 Mar. 3,1869 Crisp, Charles F ____ ------Georgia _____ : ------Dec. 8,1891 Mar. 3,1893 Robert Hinckley. Do ______------_____ do_------Aug. 7,1893 Mar. 3, 1895 Davis, John W ___ _------Indiana _____ ------_ Dec. l, 1845 Mar. 3, 1847 W. D. Murphy. Dayton, Jonathan------New Jersey __ ------Dec. 7, 1795 Mar. 3. 1799 Henry Harrison. Gillett, Frederick H------Massachusetts __ ------May 19,1919 Mar. 3,1921 Edmund C. Tarbell. Do ______--__ ------______--_--- ______do ______----_------_------__ ------Apr. 11, 1921 Mar. 3, 1923 Do ___ ~- ______------_____ do ______------Dec. 3,1923 Mar. 3,1925 Grow, Galusha A------Pennsylvania ______July 4,1861 Mar. 3,1863 W. A.. Greaves. Henderson, Davjd B __ ------Iowa____ ------Dec. 4,1899 Mar. 3,1901 Freeman Thorp. Do ______------______do ______------__ Dec. 2,1901 Mar. 3,1903 Hun tor, Robert M. T __ ------Virginia------Dec. 16, 1839 Mar. 3, 1841 Richard N. Brooke. Jones, John W _____ ----____ ------_----- _------______do ______-----_------Dec. 4,1843 Mar. 3,1845 James B. Sword. Keifer, J. Warren ______---_----_____ --- __ ----_------0 hio ___ __ ------__ Dec. 5,1881 Mar. 3,1883 Charles A. Gray. Kerr, 1fichael C _____ ------Indiana------Dec. 6, 1875 Aug. 19, 1876 Do. Longworth, Nicholas ______------______----__ 0 hlo ______------_- _------Dec. 7,1925 Mar. 3, 19~ Robert Doblhoff. Do ______------_____ do-----~-_------Dec. 5, 1927 Mar. 3, 1929 Do ______------_____ do ______------Apr. 15,1929 far. 3, 19311 1\.1ncCJn NathanieL ______------_------~______North Carolina ______-----____ ------______Dec. 7,1801 Mar. 3,1803 Robert David Gauley. Do ______----_------______do ______------___ - Oct. 17,1803 Mar. 3, 1805 Do ______------_____ do ______------Dec. 2, 1805 Mar. 3, 1807 Muhlenberg, Frederick A. C ____ ------___ _ Pennsylvania __ ------_------__ ------___ _ Apr. 1,1789 Mar. 3,1791 Copy by S. B. Waugh. Do ______---___ ---____ ------_____ do ______------__ ------Dec. 2, 1793 Mar. 3, 1795 Orr, James L ______------__ __ South Carolina ____ ------______------Dec. 7,1857 Mar. 3, 1859 Esther Edmonds. Pennington, William------_ New Jersey ____ ------_------___ _ Feb. 1, 1860 Mar. 3, 1861 Joseph Lauber. Polk, James K ____ ------Tennessee------Dec. 7,1835 Mar. 3,1837 Rebecca Polk. Do ______------______do ______------_------___ _ Sept. 4, 1837 Mar. 3, 1839 Pomeroy, Theodore M_ ------New York ___ ------(2) (1) Geo. L. Clough. Randall, Samuel J ______------______-----______Pennsylvania ___ ------_------___ _ Dec. 4, 1876 Mar. 3,1877 W. A. Greves. Do ______------_------______.do ______------Oct. 15,1877 Mar. 3,1879 Do ______------_____ do ______------__ _ Mar. 18, 1879 Mar. 3, 1881 Reed, Thomas B_ ------Maine. __ ------Dec. 2, 1889 Mar. 3, 1891 John S. Sargent. Do ______------______do ______----___ ------_----_----__ Dec. 2, 1895 Mar. 3, 1897 Do ______------_-----______do ______----_____ -----______Mar. 1?, 1~97 1 Mar. 3, 1899 Sedgwick, Theodore _____ ------______Massachusetts ______---_--- __ _- ______Dec. 2, 1199 Mar. 3, 1801 Edgar Parker. lDied Apr. 9, 1931. 2 Elected Mar. 3, 1869, and served but 1 day. 3888 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 13 P01-traits of former Speakers in the Speaker's Lobby-continued . State From- To- . Name N arne of artist

Mar. 3,1829 Spencer Baird Nichols. Mar. 3,1831 Mar. 2,1833 June 30, 1834 Mar. 3, 1821 Miss 0. L. Ransom. Mar. 3,1827 Mar. 2,1793 H. I. Thompson. Mar. 3, 1809 Charles L. Elliott. Mar. 3,1811 Mar. 3, 1843 Gerard Barry. Mar. 3, 1849 Daniel Huntington.

The first portrait acquired of a former Speaker of the It is worth while to visit this portion of the Capitol on House of Representatives is the portrait of Henry Clay, by account of the beautiful hall of the columns, reaching the Giuseppe Fagnani. This portrait was given to the Congress entire width of the House wing from south to north. These in 1852 and was accepted by the House and Senate at about columns are of American marble and have a variation of the time of the death of Mr. Clay. the Corinthian architecture. The capitals are formed to There are now 38 portraits, painted by different artists bear a strong resemblance to the tobacco leaves. of the United States. The most conspicuous is probably the Proceeding northward, we pass through the House con­ portrait of Thomas B. Reed, a Speaker from the State of nection until we again enter the area formerly covered by Maine, the Fifty-first, Fifty-fourth, and Fifty-fifth Con­ the old Hall of the House of Representatives. On this floor gresses. This portrait was painted by John S. Sargent, the are the offices of the doorkeeper, bookkeepers, different cler­ most celebrated portrait painter of his period, and was pre­ ical offices relating to the House of Representatives. An sented to the House of Representatives by a large number of eastern entrance seen at our right is said by some to be the admirers of Thomas B. Reed. probably the entrance used by the British troops when they From this corridor there are four entrances to the Hall entered the House wing of the old Capitol on August · 24, of the House of Representatives. The seating capacity of 1814. It should be remembered that at that time the central the Hall has been changed several times in order that the portion of the Capitol did not exist and all that there was increase in membership might be accommodated. At the of the Capitol were two detached rectangular buildings con­ present time there are no separate -desks for the Members. nected by a wooden walk about 125 feet in length. In this Hall at the right and left of the Speaker are por­ We now continue to the north and pass through the traits of Washington, by Vanderlyn, and of Lafayette, by crypt of the Capitol. Here we find many examples of the Ary Scheffer. This last-named portrait was presented to Doric architecture and the columns used to support the floor of the rotunda above. Here is also a group of statuary the Congress by the artist in 1824 and was hung in the old Hall of the House of Representatives, now Statuary Hall, presented by the National Woman's Party to the United this being the first picture to be given a place upon the wall. States in the year 1921. The group consists of three busts 1 forming a part of a huge marble pedestal. These busts are In the southwest corner of the room is a mural by Constan­ of the pioneers in the woman's movement. They are tino Brumidi. It has a rather long title, " Cornwallis Sues Lucretia Matt, Susan B. Anthony, and Elizabeth Cady Stan­ for Cessation · of Hostilities under a Flag of Truce." This ton. The work was executed at Carrara, Italy, by Ade­ decoration was placed on the wall in 1857 for the purpose of giving the Members an idea of the effect of filling the wall laide Johnson, and the large base upon which this block of spaces with paintings depicting American history. In later marble rests was also from that far-off Italian city. years there were added two paintings by Bierstadt, but Continuing north, we come to a circular vestibule and at· they were not considered appropriate and are now occupy­ our right we find the entrance known as the " Supreme ing spaces in the corridor at the east and west ends of the Court entrance" of the Capitol, the point where we started. Hall of the House. The clock over the north entrance to the There are some statistical facts which will probably ap-) Hall is flanked on either side by a figure of an Indian and a peal to those interested in statistics. The Capitol contains pioneer, the work of Rinehart, the sculptor from Frederick, 430 rooms now devoted to office, committee room and stor­ age purposes, 679 windows, 550 doorways, and 140 fireplaces. Md., who is also represented by the bronze doors of the The Capitol is heated, lighted, and furnished with power wing as House of the Capitol. These bronze doors, well as from a central power plant located in Garfield Park. This the bronze doors of the Senate, were cast at Chicopee, Mass. power plant not only furnishes this service for the Capitol There are 435 Members of the House of Representatives. but similar service for the Senate Office Building, the House On the north wall of the HOuse Hall is a bronze tablet Office Building, the Library of Congress, the city post office, designed by Paul W. Bartlett. The text is by Charles E. the Government Printing Office, and will furnish such serv- Fairman and is as follows: ice for the annex and addition to the Library of Congress, Speakers of the House of Representatives of the United States. new House Office Building, Botanic Garden, and the Su­ Chosen by the people, honored by the preferment of their preme Court of the United States when these buildings hav associates, these makers of history are memorialized as a tribute been completed. of their worth to the Nation. The length of the Capitol Building is 751 feet 4 inches. This tablet hangs underneath the portrait of Frede1·ick The height of the Statue of Freedom above the east base Muhlenberg, the first Speaker of the House of Represen­ line of the Capitol is 287 feet 5¥2 inches. The weight of the tatives. Statue .of Freedom is 14,985 pounds. The weight of the , At the east end of the Hall of the House is the Discovery dome is 8,909,200 pounds. The number of steps to the dome of the Hudson River and at the west end of the Hall is the is 365. picture entitled " Entrance into Monterey," both paintings In 1929 the estimated value of the Capitol was $52,868,000, by Albert Bierstat. The last-mentioned painting contains of which $37,500,000 is represented by the building. a representation of the first celebration of mass in Cali­ The Capitol also contains 323 works of art, not including fornia by Father Junipero Serra. A statue of Father Serra mural decorations and sculptural works, upon the exterior has been erected in Statuary Hall, a gift from the State of and in the Capitol grounds. California. I am not only grateful but indebted to Mr. Charles E. Proceeding by the broad staircase to the ground or base­ Fairman, art curator and chief clerk of the architect's office, ment floor of the House wing, in passing to the west we find for his assistance in furnishing many of the interesting his­ upon our right and left the restaurant used by the House torical data that enabled me to present this information of Representatives. - about the Capitol 1932 CONGRESSIONAL RECORD-HOUSE 3889

REGISTRATION AND VOTING IN RHODE ISLAND serve them in the greatest representative democracy in all Mr. CONDON. Mr. Speaker, I ask unanimous consent to the world. extend my own remarks in the RECORD and to include therein The Democratic Party in Rhode Island, true to the tra­ a copy of a bill which I introduced a few days ago. ditions of its great founder, has waged for over a century The SPEAKER. Is there objection? a never-ending battle against this denial of the franchise, There was no objection. but always it has been opposed by the party of reaction, Mr. CONDON. Mr. Speaker, the Constitution vests in first the Federalists, then the Whigs, and now the Repub­ Congress the authority to prescribe the manner of holding licans. As the successor to the old Federalist and Whig elections for Senators and Representatives. Thus far this Parties, the Republican Party inherited their distrust of the power has not been exercised but has been left to the several people and popular government and has sought in every State legislatures. As a result the requirements for enrolling way to prevent the masses of the electorate from partici­ the qualified electors at such elections vary greatly in the pating in the government of the Commonwealth. As the various States. My State of Rhode Island, for example, has Federalist remnants were cowed into granting a constitu­ a peculiar provision requiring so-called ·registry voters to tion by the Dorr rebellion, so the present Republican ma­ register their names with official boards of registration sev­ chine gives ground only when seriously threatened and eral months in advance of election day, at a time when there alarmed. And so the fight for electoral rights in Rhode is little, if any, interest in political matters. The effect of Island is still going on, with the Democratic Party cham­ such a requirement is to deprive thousands of voters of their pioning the cause and confident that ultimate victory will rights and disqualify them as electors. Strange as it may be achieved. We ask no Federal aid in this fight; the battle seem, it is necessarily early in the spring of every election for a free and unrestricted franchise for the election of year to carry on an intensive and extensive campaign to . State and local officers will be fought by citizens of the acquaint the voteJ;S with the necessity of registering in order State within the State; but in so far as the right to vote to vote in the following November. So fundamentally im­ for Senators and Representatives in Congress is impaired portant is this campaign that it has become a political axiom and the exercise thereof hindered by our antiquated local in Rhode Island that elections are won in June and not in law we deem it just and proper to call upon Congress for November. a remedy which it is authorized and empowered to pre­ The Rhode Island constitution requires registry voters to scribe under its grant of power in the Federal Constitution. register their names with the local boards of canvassers and Congress should no longer tolerate in its elections any registration on or before the 30th day of June in the year of State law which unfairly deprives thousands of voters of an election otherwise they will not be qualified to vote in opportunity to vote for Members of that body. Members of November. Manifestly such a requirement is calculated to Congress are not merely delegates of and from the States keep many otherwise qualified voters from the polls, and which elect them; they are something of far greater impor­ that is exactly its effect. In an attempt, never wholly suc­ tance, the representatives of all the people of this great cessful, to minimize the evil effect of this law, an organized Federal Union of States, and as such the guardians of their concerted effort is undertaken in May and June to persuade rights and liberties. Their mandate to sit and legislate in the voter to register and safeguard his right to vote in the this Capitol in that exalted capacity ought to emanate from fall election. It is not easy at such a time, however, to the solemnly expressed will of a majority of the largest_ pos­ arouse the voter from his accustomed lethargy and hence as sible number of qualified electors in each State and no un­ the deadline approaches there rises the almost universal reasonable and unjust barriers should be placed in the way cry from press, pulpit, and platform, "Unless you register of such a number being officially enrolled and placed upon before the end of June you can not vote in November, and the voting lists. In this way, and in this way only, can we if you can not vote you are at the mercy of those who can." truly say that we have a Government by majority rule. Despite this widespread energetic appeal thousands fail That desirable end can be readily accomplished, Mr. to register, and at every election hundreds of men and Speaker, by the prompt enactment into Federal law of the women, otherwise qualified to vote, are turned away from bill which I have introduced. It is brief in content and every voting precinct in the State. The question naturally easily understood. It prescribes no qualifications for voters arises, Why do the· people of the State tolerate such a con­ and, therefore, can not possibly be obnoxious to any State dition which in effect works a wholesale disfranchisement or section of the country. It merely provides that those of their fellow citizens? For the answer we must go back electors in each State already otherwise qualified to vote for almost a century to the famous Dorr rebellion, the only Senators and Representatives in Congress shall be given the instance on record in our national history where it was longest possible period of time within which to register their necessary for the people of a State to resort to arms to ob­ names upon the voting lists prior to election day. The time tain their electoral rights as American citizens. At that prescribed in the bill is the period any time in the year of time Rhode Island was without a constitution and was func­ election and ending . 30 days prior to election day. The tioning as an American State under a royal charter granted 30-day period immediately preceding the election during by King Charles II in 1663. Under this charter only a free­ which time the registration books would be closed I believe holder could vote. Not until after the Dorr rebellion in 1842 would afford ample time for the proper officials to print, was a constitution adopted which accorded to every citizen correct, and canvass the voting lists in preparation for their the right to vote; but as the electors who ratified it and the use in the elections. The bill is not intended to operate as convention which framed it were limited exclusively to free­ a restriction in any State where the law gives the voter a holders, this newly accorded right was hedged about with longer time to register and to make this clear, section 2 care­ restrictions so as to discourage the great mass of the citi­ fully provides against any such restriction, limitation, or zenry of the State from seeking to qualify as electors. One abridgement. The passage of this bill can not possibly work of these restrictions is the registration requirement men­ harm, but, on the contrary, I am confident that it will be tioned above. of positive benefit to hundreds and even thousands of citi­ This constitution is as difficult to change as the ancient zens of my State who will by force of its provisions be saved laws of the Medes and Persians. Since its adoption an in­ their right to participate in the election of the Senators cessant battle has been waged to alter and amend its archaic and Representatives of their country notwithstanding the provisions, but its very article of amendment makes that antiquated law and constitution of their State. all but impossible. And so this registration requirement H. R. 9068 remains embeaded in this unalterable instrument of gov­ A bill to provide for the registration of electors qualified to vote ernment-a monument to the ingenuity of these reactionary for Senators and Representatives in Congress conservatives of a bygone day. The dead hand of the favor­ Be it enacted, etc., That where in any State it is required by law ites of a royal charter stretches out from the grave to bar of electors qualified to vote for Senators and Representatives in Congress to register their names and other facts pertaining to their the way to hundreds of living American citizens in the exer­ residence and citizenship as a prerequisite to the enrollment of cise of their right to choose the Representatives who shall their names on the' omcia~ votlng lists to be used at any election 3890 CO-NGRESSIONAL RECORD-HOUSE .FEBRUARY 13 for said Senators and Representatives, it shall be ·sufficient there­ REPORTS OF COMMITTEES ON PRIVATE BilLS AND for for such electors to so register with the proper local. a.utbority for that purpose any time 30 days prior to the day set for the RESOLUTIONS election of said Senators and Representatives. Under clause 2 of Ru1e XIII, SEc. 2. The provisions of this act shall not be construed to limit or abridge in any way a longer period of time for such registration Mr. BRUMM: Committee on Claims. H. R. 971. A bill allowed or prescribed by the provisions of the statute of any State. granting insurance to Lydia C. Spry; without amendment CRept. No. 445). Referred to the Committee of the Whole ADJOURNMENT House. Mr. JEFFERS. Mr. Speaker, I move that the House do Mr. BLACK: Committee on Claims. H. R. 1406. A bill now adjourn. for the relief of Lottie Naylor; without amendment CRept. The motion was agreed to; accordingly Cat 4 o'clock and No. 446). Referred to the Committee of the Whole House. 59 minutes p.m.) the House adjourned until Monday, Feb­ Mr. BLACK: Committee on Claims. H. R. 1414. A bill ruary 15, '1932, at 12 o'clock noon. for the relief of Jeanie G. Lyles; with amendment ffiept. No. 447). Referred to the Committee of the Whole House. EXECUTIVE COMMUNICATIONS, ETC. Mr. BLACK: Committee on Claims. H. R. 1553. A, bill Under clause 2 of Rule XXIV, executive communications for the relief of Johana Armstrong; withoqt amendment _ were taken from the Speaker's table and referred .as follows: CRept. No. 448). Referred to the Committee of the Whole House. 439. A letter from the Secretary of War, transmitting a Mr. BLACK: Committee on Claims. H. R. 1813. A bill report dated February 11, 1932, from the Chief of Engineers, for the relief of Daniel Coakley; without amendment CRept. United States Army, on preliminary examination and survey No. 449). Referred to the Committee of the Whole House. of Leland Harbor, Mich.; to the Committee on Rivers and Mr. BLACK: Committee on Claims. H. R. 2064. A bill Harbors. for the relief of Thomas J. Allen, jr.; without amendment 440. A letter from the Secretary of War, transmitting a CRept. No. 450). Referred to the Committee of the Whole report dated February 11, 1932, from the Chief of Engineers, House. United States Army, on preliminary examination of Tan­ Mr. BLACK: Committee on Claims. H. R. 2084. A bill nana River, Alaska, at or near its confluence with the Yukon for the relief of Col. Richard M. Cutts, United States Marine River; to the Committee on Rivers and Harbors. Corps; with amendment CRept. No. 451). Referred to the 441. A communication from the President of the United Committee of the Whole House. States, transmitting supplemental estimates of appropria­ Mr. BLACK: Committee on Claims. H. R. 2296. A bill tions pertaining to the Legislative Establishment, House of for the relief of Charles W. Dworack; with amendment Representatives, for the fiscal year 1933, in the sum of $7,860 ffiept. No. 452). Referred to the Committee of the Whole (H. Doc. No. 247) ; to the Committee on Appropriations and House. ordered to be printed. Mr. BLACK: Committee on Claims. H. R. 3029. A bill for the relief of William K. Lovett; with amendment CRept. REPORTS OF COMMITTEES ON PUBLIC BILLS AND No. 453). Referred to the Committee of the Whole House. RESOLUTIONS Mr. LOZIER: Committee on Claims. H. R. 3460. A bill Under clause 2 of . Rule XIII, for the relief of Caughman-Kaminer Co.; with amendment Mr. WARREN: Committee on Accounts. H. Res. 89. CRept. No. 454). Referred to the Committee of the Whole Resolution to pay Fred R. Miller for extra and expert serv- House. ices to the Committee on Pensions CRept. No. 440). Ordered Mr. BLACK: Committee on Claims. H. R. 3551. A bill to be printed. for the relief of Beryl Elliott; with amendment CRept. No. Mr. WARREN: Committee on Accounts. H. Res. 96. 455). Referred to the Committee of the Whole House. Resolution to pay Amy C. Dunne for extra and expert serv- Mr. BLACK: Committee on Claims. a. R. 3561. A bill ices to the Committee on Invalid Pensions CRept. No. 441). for the relief of Sophia A. Beers; with amendment CRept. No. 456) . Referred to the Committee of the Whole House. Ordered to be printed. Mr. BLACK: Committee on Claims. H. R. 3775. A bill Mr. WARREN: Committee on Accounts. H. Res. 118· for the relief of Eula K. Lee; without amendment CRept. Resolution to pay James W. Boyer, jr., for extra and expert No. 457). Referred to the Committee of the Whole House. services to the Committee on World War Veterans' Legisla- Mr. BLACK: Committee on Claims. H. R. 3791. A bill tion CRept. No. 442) · Ordered to be printed. for the relief of Douglas B. Espy; without amendment CRept. Mr. WARREN: Committee on Accounts. H. Res. 136. No. 48). Referred to the Committee of the Whole House. Resolution relative to expenses of conducting investigation Mr. BLACK: Committee on Claims. H. R. 4059. A bill authorized by House Resolution No. 72 CRept. No. 443) · for the relief of Rosamond B. McManus; with amendment Ordered to be printed. CRept. No. 459). Referred to the Committee of the Whole Mr. SUMNERS of Texas: Committee on the Judiciary. House. H. Res. 143. Resolution to discontinue consideration of Mr. BLACK: Committee on Claims. H. R. 4274. A bill impeachment charges against Hon. Andrew W. Mellon CRept. for the relief of Charles Hellyer; without amendment CRept. No. 444). Ordered to be printed. No. 460). Referred to the Committee of the Whole House. Mr. DELANEY: Committee on Naval Affairs. H. R. 6735. Mr. BLACK: Committee on Claims. H. R. 4405. A bill A bill to authorize the Secretary of the Navy to fix the cloth- for the relief of Jose 0. Enslew; without amendment CRept. ing allow~nce for enlisted men of the Navy; without amend- No. 461). Referred to the Committee of the Whole House. ment CRept. No. 473). Referred to the Committee of the · Mr. RAMSPECK: Committee on Claims. H. R. 5429. A Whole House on the state of the .Union. bill for the relief of Busch-Sulzer Bros. Diesel Engine Co.; Mr. LEAVITT: Committee on Irrigation and Reclamation. with amendment CRept. No. 462). Referred to the Com­ H. R. 7914. A bill granting the consent of Congress to the mittee of the Whole House. States of Montana and Wyoming to negotiate and enter Mr. BRUMM: Committee on Claims. H. R. 5682. A bill into a compact or agreement for division of the waters of for the relief of Miles Thomas Barrett; without amendment' the Big Horn River; with amendment CRept. No. 474). CRept. No. 463). Referred to the Committee of the Whole Referred to the House Calendar. House. Mr. STEAGALL: Committee on Banking and Currency. Mr. BLACK: Committee on Claims. H. R. 5793. A bill H. R. 9203. A bill to improve the facilities of the Federal for the relief of Lawrence A. Jett; without amendment reserve system for the service of commerce, industry, and CRept. No. 464) . Referred to the Committee of the Whole agriculture, to provide menns for meeting the needs of mem- House. ber banks in exceptional circumstances, and for other pur- Mr. LOZIER: Committee on Claims. H. R. 6003. A bill poses; with amendment CRept. No. 475). Referred to the for the relief of A. L. Marshall; without amendment CRept. Committee of the Whole House on the state of the Union. No. 465). Referred to the Committee of the Whole House. · 1932 CONGRESSIONAL RECORD-HOUSE 3891 :Mr. PITTENGER: Committee on Claims. H. R. 6855. A By Mr. McLEOD: A bill (H. R.' 9312) to provide for the bill for the relief of Sam Echols; without amendment (Rept. construction of public buildings or additions thereto by No. 466) . Referred to the Committee of the Whole House. local contractors; to the Committee on Public Buildings Mr. BLACK: Committee on Claims. H. R. 7656. A bill and Grounds. for the relief of William R. Nolan; with amendment (Rept. By Mr. HALL of Mississippi: A bill (H. R. 9313) for the No. 467). Referred to the Committee of the Whole House. erection of a public building at Pascagoula, Jackson County, :Mr. COYLE: Committee on Naval Af!'airs. H. R. 964. A Miss.; to the Committee on Public Buildings and Grounds. bill for the relief of Howard Enimett Tallmadge; without By Mr. GARBER: A bill (H. R. 9314) providing for the amendment Buffalo, to the Committee on Appropriations. N. Y., protesting against home-loan bank system; to the 1900. By Mr. GARBER: Petition of Grain Dealers Associa­ Committee on Banking and Currency. tion of Enid, urging agricultural interests; to the Committee 1882. Also, resolution of the Willard Woman's Christian on Agriculture. Temperance Union, Niagara Falls, N.Y., and residents of the 1901. Also, petition of the Midland Flour Milling Co., of fortieth district of New York, opposing the resubmission of Kansas City, protesting against the heavY and unwise ex­ the eighteenth amendment for ratification by State.conven­ penditure of Congress; to the Committee on Appropriations. tions or State legislatures; to the Committee on the Judiciary. 1902. Also, petition of American Legion, opposing efforts 1883. Also, resolution of the New York State division of to reduce or withhold appropriations to carry into effect the the Women's Organization for National Prohibition Reform; provisions of the national defense act; to the Committee on to the Committee on the Judiciary. - Appropriations. 1884. Also, resolution of Major General R. P. Hughes 1903. Also, petition of members of the Laverne Christian Camp, No. 17, United Spanish War Veterans, Buffalo, N.Y., Church of Oklahoma, urging the enforcement of the eight­ favoring passage of House bill 7230; to the Committee on eenth amendment; to the Committee on the Judiciary. Pensions. 1904. Also, petition of citizens of the eighth district, up­ 1885. Also, petition of Lockport (N. Y.) Board of Com­ holding the eighteenth amendment; to the Committee on merce and Guardian Casualty Co., of Buffalo, N.Y., oppos­ the Judiciary. ing the La Follette-Costigan bill; to the Committee on Ap­ 1905. By Mr. GIBSON: Petition of the Sons and Daugh­ propriations. ters of Liberty, G. 0. Farr Council, No. 15, of Plainfield, Vt.; 1886. By Mr. BOEHNE: Petition of Mrs. D. E. Cadick and to the Committee on Immigration and Naturalization. others, urging the support of the maintenance of the pro­ 1906. By Mr. GLOVER: Resolution of McGehee Rotary hibition law and its enforcement; to the Committee on the Club, of McGehee, Ark.; to the Committee on Irrigation and Judiciary. Reclamation. 1887. By Mr. BURTNESS: -Petition of the president and 1907. By Mr. IDLL of Washington: Petition of Davenport secretary of the North Dakota Woman's Christian Temper­ the Hill Top Woman's Christian 1930. Also, petition of the First Baptist Church of Fac­ Temperance Union, of Johnstown, Pa., opposing the resub­ toryVille, Pa., opposing the resubmission of the temperance mission of the temperance question to the voters; to the question to the voters; to the Committee on the Judiciary. Committee on the Judiciary. 1931. Also, petition of the ·woman's Christian Temper­ 1912. Also, petition of the Missionary Union of Chambers­ ance Union and First Presbyterian Church of Osceola, Pa., burg, Pa., opposing the resubmission of the temperance opposing the resubmission of the temperance question to question to the voters; to the Committee on the Judiciary .. the voters; to the Committee on the Judiciary. 1913. Also, petition of the Kishacoquvillas Chapter, Daugh­ 1932. Also, petition of the Norway Woman's Christian ters of the American Revolution, Lewistown, Pa., opposing Temperance Union of Mendenhall, Pa., opposing the resub­ the resubmission of the temperance question to the voters; mission of the temperance question to the voters; to the to the Committee on the Judiciary. Committee on the Judiciary. 1914. Also, petition of the Scotland Woman's Christian 1933. Also, petition of the Men's Bible Class of the First Temperance Union, of New Castle, Pa., opposing the resub­ United Presbyterian Church of Wilkinsburg, Pa., opposing mission of the temperance question to the voters; to the the resubmission of the temperance question to the voters; Committee on the Judiciary. to the Committee on the Judiciary. 1915. Also, petition of the Woman's Christian Temper­ 1934. Also, petition of the legislative section of the Belle­ ance Union of Bristol, Pa., opposing the resubmission of the vue Woman's Christian Temperance Union, Bellevue, Pa., temperance question to the voters; to the Committee on the opposing the resubmission of the temperance question to the Judiciary. voters; to the Committee on the Judiciary. 1916. Also, petition of the Londonderry Woman's Chris­ 1935. Also, petition of the Woman's Christian Temper- • tian Temperance Union, of Cochianville, Pa., opposing the ance Union of Wattsburg, Pa., opposing the resubmission resubmission of the temperance question to the voters; to of the temperance question to the voters; to the Committee the Committee on the Judiciary. on the Judiciary. 1917. Also, petition of the congregations of the Lutheran 1936. Also, petition of the Woman's Christian Temperance and Methodist Churches of Fort Loudon, Pa., opposing the Union of Saltsburg, Pa., opposing the resubmission of the resubmission of the temperance question to the voters; to temperance question to the voters; to the Committee on the the Committee on the Judiciary. Judiciary. 1918. Also, petition of tqe Woman's Christian Temperance 1937. Also, petition of the Woman's Christian Temperance Union of Mount Jewett, Pa., opposing the resubmission of Union of Quakertown, Pa., opposing the resubmission of the the temperance question to the voters; to the Committee on temperance question to the voters; to the Committee on the the Judiciary. Judiciary. 1919. Also, petition of the Steelstown Woman's Christian 1938. Also, petition of the Woman's Christian Temperance Temperance Union and church and Sunday·school of Ann­ Union of Montrose, Pa., opposing the resubmission of the ville, Pa., opposing the resubmission of the temperance ques­ temperance question to the voters; to the Committee on the tion to the voters; to the Committee on the Judiciary. Judiciary. 1920. Also, petition of the Woman's Christian Temperance 1939. Also, petition of the Woman's Christian Temperance Union of Meshoppen, Pa., opposing the resubmission of the Union of Milton, Pa., opposing the resubmission of the tem­ temperance question to the voters; to the Committee on the perance question to the voters; to the Committee on the Judiciary. Judiciary. 1921. Also, petition of the Woman's Christian Temperance 1940. Also, petition of the Emanuel Evangelical Church Union of Cresson, Pa., opposing the resubmission of the of Allentown, Pa., opposing the resubmission of the temper­ temperance que'stion to the voters; to the Committee on the ance question to the voters; to the Committee on the Judi­ Judiciary. ciary. 1922. Also, petition of the First Methodist EpiscopaJ 1941. Also, petition of Middlesex Presbyterian Church, Church of Kane, Pa., opposing the resubmission of the tem­ Butler, Pa., opposing the resubmission of the temperance perance question to the voters; to the Committee on the question to the voters; to the Committee on the Judiciary. Judiciary. 1942. Also, petition of the Woman's Christian Temperance 1923. Also, petition of the Woman's Christian Temperance Union of New Castle, Pa., opposing the resubmission of the Union of Wind Gap, Pa., opposing the resubmission of the temperance question to the voters; to the Committee on the temperance question to the voters; to the Committee on the Judiciary. Judiciary. 1943. Also, petition of the board of Calvary Reformed 1924. Also, petition of Mount Pleasant Woman's Christian Church, Philadelphia, Pa., opposing the resubmission of the Temperance Union, of Mount Pleasant, Pa., opposing the temperance question to the voters; to the Committee on the resubmission of the temperance question to the voters; to Judiciary. the Committee on the Judiciary. · 1944. Also, petition of the Church of the Nazarene, Pitts­ 1925. Also, petition of the Woman's Christian Temperance burgh, Pa., opposing the resubmission of the temperance Union of Elwood City, Pa., opposing the resubmission of the question to the voters; to the Committee on the Judiciary. temperance question to the voters; to the Committee on the 1945. Also, petition of the Woman's Christian Temperance Judiciary. . Union of New Cumberland, Pa., opposing the resubmission 1926. Also, petition of Altoona Woman's Christian Tem­ of the temperance question to the voters; to the Committee perance Union, Altoona, Pa., opposing the resubmission of on the Judiciary. the temperance question to the voters; to the Committee on 1946. Also, petition of the Woman's Christian Temperance the Judiciary. of South Waverly, Pa., opposing the resubmission of the 1927. Also, petition of the Vandergrift Woman's Christian temperance question to the voters; to the Committee on the Temperance Union, Vandergrift, Pa., opposing the resubmis­ Judiciary. sion of the temperance question to the voters; to the Com­ 1947. Also, petition of the Woman's Christian Temperance mittee on the Judiciary. Union of Greenville, Pa., opposing the resubmission of the 1928. Also, petition of Schuylkill Township Woman's temperance question to the voters; to the Committee on the Christian Temperance Union, of Chester County, Phoenix- Judiciary. 3894 . CONGRESSIONAL RECORD-HOUSE FEBRU~~y 13 1948. Also, petition of the Woman's Christian Tez:nperance mission of the eighteenth amendment to the States for a Union of Turbotville, Pa., opposing the resubmission of the referendum vote; to the Committee on the Judiciary. temperance question to the voters; to the Committee on the 1963. Also, resolution adopted by Woman's Christian Tem­ Judiciary. perance Union, of Elwood, ill., on February 6, 1932, pro­ 19 into effect the provisions of the national defense act, which The Senate met at 12 o'clock meridian, on the expiration was referred to the Committee on Appropriations. of tlie recess. He also laid before the Senate a memorial of members of The VICE PRESIDENT. The Senate will receive a mes­ the Philadelphia (Pa.> branch of the Society of the First sage from the House of Representatives. Division, American Expeditionary Forces, remonstrating MESSAGE FROM THE HOUSE-ENROLLED BILLS SIGNED against any reduction in appropriations for the Army or its A message from the House of Representatives by Mr. Hal­ civilian organizations and the Navy, which was referred to tigan, one of its clerks, announced that the Speaker had the Committee on Appropriations. affixed his signature to the following enrolled bills, and they He also laid before the Senate the petition of Frederick were signed by the Vice President: Ries, of Compton, Calif., praying for the establishment of S. 366. An act for the relief of Dr. Luis H. DeBayle; a scientific national board of education, which was referred s. 1306. An act to provide for the incorporation of the to the Committee on Education and Labor. District of Columbia Commission, George Washington He also laid before the Senate resolutions adopted by the Bicentennial; and Woman's Christian Temperance Union of Cazenovia, N. Y., s. 2179. An act for the relief of Alexander M. Proctor. and the Woodlawn Woman's Christian Temperance Union, CALL OF THE ROLL of Chicago, Til., protesting against a referendum on the na­ tional prohibition amendment of the Constitution and favor­ Mr. FESS. Mr. President, I suggest the absence of a ing the making of adequate appropriationc; for law enforce­ quorum. ment and education in law observance, which were referred The VICE PRESIDENT. The clerk will call the roll. to the Committee on the Judiciary. The legislative clerk called the roll, and the followinti He also laid before the Senate a resolution adopted by the Senators answered to their names: Doris Welles Auxiliary of the 'V'omen's Foreign Missionary Ashurst Byrnes Fletcher Johnson · Society of the First Methodist Episcopal Church of Santa Austin Capper Frazier Jones Bailey Caraway George Kean Ana, Calif., favoring the prompt ratification of the World .I Ba.nkhead Carey Glass Kendrick Court protocols, which was referred to the Committee on Barbour Connally Goldsborough Keyes Foreign Relations. Barkley Coolidge Gore King Black Copeland Hale La Follette Mr. SHIPSTEAD presented a resolution of the City Council Blaine Costigan Harrison Lewis of Minneapolis, Minn., expressing appreciation-of the serv­ Borah Couzens Hastings Logan Bratton Cutting Hatfield McGill ices rendered by the Engineer Corps of the Army, and pro­ Brookhart Dale Hawes McKellar testing against any change in its status which would sub­ Broussard Dickinson Hayden - McNary Bulkley Dill Hebert Neely ordinate it to any other department of the Government, Bulow Fess Hull Norbeck which was referred to the Committee on Military Affairs.