3302 CONGRESSIONAL RECORD-SENATE APRIL 3 ' Mr. CELLER: Committee on the Judiciary, By Mr. TOLAN: April 2, 1942, the President had approved H. R. 4934. A bill to provide for the punish­ H. R. 6896. A b111 to make 411 Mohammad and signed the act

.• 1942 CONGRESSIONAL RECORD-SENATE 3303 leave to certain employees of the :United A resolution of the Commission of the City which liability may be assumed by contract States, its Territories or possessions, or the of Sandusky, Ohio, protesting against adop­ by State funds, self-insurers, and insurance District of Columbia, who voluntarily enlist -tion of the proposal for the Federal taxation companies, and ·must be. paid at least to the or otherwise enter the military or naval forces of income from municipal bonds; to the extent of existing assets; and the losses re.­ of the United States; Committee on· Finance. sulting from an attack of great proportion H. R. 6273. An act to amend the provisions A cesolution of the Council of the City of might seriously impair their ability not only of the Internal Revenue Code by setting new Youngstown, Ohio, protesting against the to pay such awards but also might threaten maximum limits on allowances for losses of enactment of House bill 6750, which pro­ the very security of the payment of com­ distilled spirits by leakage or evaporation poses to exempt from taxation the gasoline pensation to hundreds of thousands of civil­ while in internal revenue bonded warehouses, used in trucks transport~ng certain products ians injured or the dependents of those killed and for other purposes; and commodities designated as "defense ma­ in industry, some of whose claims date back H. R. 6360. An act to amend the act known terisls"; to the Committee on Finance. to the very inception of the law; and as the Perishable Agricultural Commod1ties A resolution of the California State Board Whereas in the enactment of such work­ Act, 1930 (46 Stat. 531), approved June 10,· of Agriculture in relation to economic prob::. . men's compensation laws the various State 1930, as amended; iems which may-arise in relation to the costs legislatures did not and could not have: had _in contemplation the · po~ibility of losses due H. R. 6387. An act to extend the crediting to be ;:tllocated a~ainst various kinds of prop:. : of military service under the railroad retire­ erty in connection with the administration to war hazards such as currently exist at this ment acts, and for other purposes; and facilities of the Central Valley project, time; and · California; to the Committee on Irrigation Whereas insofar as such benefits may apply H. R. 6440. An act to authorize the renewal to civilians injured and killed in the course of the lease of the old naval hospital in the and Reclamation. A resolution . 9:dopted by the Norfolk (Va.) of their employment, the benefits shall be District of Columbia for an additional period those that would be applicable under the of 15 years; and Council of the American Legion praying the enactment of suggestea. legislation to create workmen's compensation law in effect in the H. R. 6714. An act for the relief of Daniel place at which they were employed; and ,Elliott and Helen Elliott. a continental defense force for the United S<.;ates; to the Committee on Military Affairs. Whereas such legislation shall provide, in­ OBLIGATIONS UNDER RED CROSS CON- A resolution of the Board of Governors of sofar as such persons may· be compensated VENTION OF 1929 the Insurance Brokers Exchange, of San Fran­ under existing workmen's compensation laws, cisco, Calif., favorin& the prompt enactment that the employers, State funds, or the in­ . The VICE PRESIDENT laid before the of legislation to protect vital installatio.ns, s~rance carriers directly responsible therefor, Senate the following message from the such as water systems, power stations, . upon making such payments, shall be reim­ President of the United States, which was bridges, industrial plants, etc., in the. State bursed by the United States; and read,' and, with the accompanying pa­ of California; to the Committee on Military - Whereas such legisiation shall provide that Affairs. . existing administrative agencies of the vari'­ pers, referred to the Committee on the ous States and of existing insurance organi­ Judicia.ry: A' resolution adopted by the mayor and board of aldermen of the city of Chelsea, zations with their extensive. service facilities may be utilized to the fullest extent in the To the Congress of the United States of Mass., praying for the enactment of legis­ administration of such law and the diStri­ America: lation to increase the pay of personnel in bution of the benefits thereunder, thus I am transmitting for the consideration the armed forces; ordered to lie on the table. avoiding the necessity of establishing agen- A concurrent r~solution of the Legislature . of the Congress the enclosed report fro~ , cies which. may prove·unnec=ssary and which of the State of New York; to the Committee would duplicate already existing facilities: the Acting Secretary of State, with an on Banking and Currency: accompanying draft bill, designed the Now, therefore, be it · more effectively to carry out our obliga­ STATE OF NEW YO::.tK, Resolved (if the assembly concur), That IN SENATE, the Legislature of th~ State of New York here:­ tions under the Red Cross Convention Albany, March 16, 1942. by urges the Congress of the United States to of 1929. (By Mr. Wicks) foster and support legislation providing ben­ I commend the report and the proposed Whereas every individual and every locality efits to civilians who may be injured or the legislation to the favorable consideration throughout the United States has a common dependents of civilians who may be killed by of the Congress. responsibility for the prosecution of the pres­ reason of enemy action, which benefits shall ent war, and because an attack on a coastal be a charge upon the whole people of the FRANKLIN D. ROOSEVELT. u.nited States, equitaqly and proportionately THE WHITE HOUSE, April 3, 1942. city or any other locality would con!;titute an attack upon the entire United States, and distributed; and be it further [Enclosures: 1. Report. 2. Draft bill.] the resulting cost of injuries to civilians, Resolved (if the assembly concur), That the .clerk of the senate be directed to transmit a DISPOSITION OF EXECUTIVE PAPERS whether or not gainfully employed, properly . .constitutes a part of the total cost 'of carry- · copy of this resolution to the Secretary 'of the The VICE PRESIDENT laid before the ing the conflict to a succeesful conclusion; :United States Senate;' the Clerk of the House Senate a letter from the Archivist of the and of Representatives, and to each Senator and Whereas it is recognized that a part of the Member of the Congress elected from the United States, transmitting, pursuant to State of New York: law, list of papers and documents on the ,cost of war is the obligation of support and maintenance· of the economic status of civil­ By order of the senate, files of the Departments of the Post ians and their dependents deprived of their WILLIAM S. KING, Cle1·k. Office, Agriculture, and the Navy which income or ability ·to maintain themselves by In assembly, March 18, 1942. Concurred in without amendment. are not needed in the conduct of busi­ reas~n of injuries or death caused by enemy ness and have no permanent value or action; and By order of the assembly, historical interest and requesting action Whereas various States, including New_ ANSLEY B. BORKOWSKI, looking to their disposition (with accom­ York, have enacted workmen's compensation Clerk. panying papers); which was referred to laws providing benefits tO injured employees' A concurrent resolution of the State of or, in case of death, to their dependents, and New York; to the Committee on 'Finance: a Joint Select Committee on the Dispo­ under such laws have 'provided methods of sition of Executive Papers. administration which, based on trial and long STATE OF NEW YORK,_ IN ASSEMBL~, The VICE PRESIDENT .appointed Mr. years of experience, meet. the wishes of the Alb!zny" February 16, 1942. BARKLEY and Mr. BREWSTER members Of people of such States as to the amount of the Whereas the national administration has the committee on the part of the Senate. benefits, the best methods of their determi­ enacted leg : s~ation to provide old-age security nation, and the proper procedure for their benefits for many of our citi~ens and is con­ PETITIONS AND MEMORIALS payment, and the amounts of such benefits templating the expansion of the social-se­ curity program to inclu-de other groups not Petitions, etc., were laid before the established under the various State laws hav.e been fixed by the legislature with due con­ ·now eligible for such benefits; and Senate, or presented and referred as sideration to the economic loss arising from Whereas under the social-security law only indicated: · injury or death to employees in the particu­ the employees of covered employers may par­ By the VICE PRESIDENT: lar State; and ticipate in social-security benefits, and only A letter in the nature of a petition from Whereas it is probable that should the the covered employers are required to pay Miss Lillian Lee of New Orleans, La., in rela­ attack resulting in the injury or death of social-security tax, the covered employer and tion to labor problems and praying that a civilians take place during their working the covered employee each paying one:-half humanitarian course as to hours and wages hours and at their working plac:::s, claims thereof; •and be pursued in such matters; to the Commit­ under workmen's compensation laws may be Whereas there are in the State of New tee on Education and Labor. filed, and the authorities charged with en­ York a great many employees who were A letter in the nature of a petition from forcing such laws may require that compen­ formerly covered by the law an .. were formerly W. A. Collins of Conway, S. C., praying for sation be paid to those injured or the depend­ eligible for benefits thereunder, but who, the adoption of a firm national policy 1n ents of those killed at work; and such awards through no action or choice on their part, relation to labor problems in the Nation; to of compensation under existing laws would became ineligible under the law when they, the Committee on Educatioll and Labor. constitute a liability against employers, through no action or choice on their part. 3304 CONGRESSIONAL RECORD-SENATE APRIL 3 became employees of uncovered employers; Finance and ordered to be printed in the 3. That any such Federal tax ori. State and and RECORD, as follows: municipal bonds, by increasing the cost of Whereas a great many of such employees, borrowing, would throw additional financial who so became ineligible under the social­ Whereas under the present law, all 5-year burdens on the citizens of New London, who security law, are desirous of being eligible term Government insurance policies expire are already making very substantial sacri­ · thereunder and being covered thereby, and on July 1, 1942, unless Congress, by law;, ac­ fices, both directly and indirectly, by way of to participate -in social-security benefits, and cords an extension of the 5-year term insur­ added State and Federal taxes and through are willing to pay not only the amount bf ance; and the mounting cost of living; and employee contributions but als. the amount Whereas many veterans are financially un­ 4. That the city clerk be, and he hereby is, able to convert said insurance; and of employer contributions which their present dir~cted to forward a copy of this resolution employer would have been ·required to pay if Whereas the failure of Congress to extend . to the Secretary of the Treasu!y, to the Sena­ such employer were · covered under the law: said insurance would work a hardship on tors and Congressmen from Connecticut, and Now, therefore, be it · the families of many veterans who are now to the members of the Ways and Means !::om· Resolved (if the senate ' concur), That the · carrying term insurance: Be it therefore mittee of the United States House of Repre­ Legislature of the State of New York hereby Resolved, That the county councils, Ameri­ sentatives and the members of the Finance can Legion of York and Cumberland Coun­ Committee of the United States Senate. petitions the Congress of the United States ties in the State of Maine in joint session . to amend the Social Security Act to provide at South Portland on the lOth day of March NATIONAL YOUTH ADMINISTRATION- that all employees who were formerly covered 1942, respectfully urge the passage of legis­ LETTER BY ISAAC C. SUTTON by the social-security law and who heretofore lation designed to extend the rights of all made contr,ibutions thereto in the form of veterans to carry term insurance for a further Mr. DAVIS. Mr. President, I ask employee tax, and who became. ineligible term of 5 years; be it further · unanimous consent to have printed in through no action or choice on their part, Resolved, That a copy of these resolutions the RECORD, and referred to the Commit­ may again become eligible under the sociaJ­ tee on Education and Labor, a letter security law for social-security benefits upon be sent to each Member of Congress from signifying their willingness· to pay not. only the State of Maine. addressed to me by Mr. Isaac C. Sutton, the amount of employee contributions but RESOLUTION OF COUNCIL OF THE CITY State youth administrator of the Na­ also. the amount of emf)loyer contributions OF NEW LONDON, CONN.-FEDERAL tional Youth Administration for the State of Pennsylvania. which their present employer would have TAXATION OF STATJ.~ AND MUNICIPAL been required to pay .if such employer were BONDS There being no objection, the letter covered by the law; and be it further was referred to the Committee on Edu­ Resolvc;d (if the senate concur), That a Mr. DANAHER. Mr. President, I ask cation and Labor and ordered to be copy of this resolution be immediately trans­ unanimous consent that there be printed printed in the RECORD, as follows: mitted to the President of the United States, in the RECORD and appropriately .re­ FEDERAL SECURITY AGENCY, the Secretary of the United States Senate, ferred a resolution · adopted by the city the Clerk of the House of Representatives, N\TIONAL YOUTH ADMINISTRATION, and to each Member of the Congress elected council of New London, Conn., on March FOR PENNSYLVANIA, from the State of New York. 16, 1942. March 28, 1942. By order .of the assembly: There being no objection, the r.esolu­ Hon. JAMES J. DAVIS, ANSLEY B. BORKOWSKI, tion wa.s referred to the Committee on United States Senate, Clerk. Finance and ordered to be printed in · Washington, D. C. MY DEAR SENATOR: You may know that In senate, March ?4, 1942. the RECORD, as follows: there is an organization well financed, which Concurred in without amendment. Whereas the United States Conference of By order of the senate: is making a national drive to do away with Mayors has repeatedly and unanimously ex­ the ~-ational Youth Administration, charg­ WILLIAM S. KING, pressed its implacable opposition to Treasury Clerk. irg that w~ are duplicating the work of the attempts to impose a Federal tax on the in­ schools and wasting public money. ' By Mr. CAPPER: come from State and municipal bonds; and I was talking to one of the Congressmen A petition of sundry citizens, members of Whereas in this time of grave national about it, and he suggested that I write a letter the United Brethren Church of Russell, crisis· the fullest cooperation between- the telling our Congressmen-and Senators ·about Kans., praying for the enactment oi the bill Federal and municipal governments of the the situation, particularly as to Pennsyl­ (S. 860) to provide ·for the commop. de­ United States is essential to the successful vania. fense in relation to the sale of alcoholic prosecution of our war effort; and _ There is no duplication in the training of liquors to the members of the land and naval Whereas, despite this grave national. emer­ youth for war industries, but as a matter of forces of the United States and to provide gency and the need for complete unity of fact the total facilities are not adequate to for the suppression of vice in the vicinity of purpose and good will between the separate meet the emergency. military camps and naval establishments; branches of our Government, the Treasury According to the last survey made by the ordered to lie on the table. Department persists in its disturbing· efforts United States Employment Service, there is By Mr. TYDINGS: to impose a Federal tax upon the .income an estimated need in Pennsylvania of over A memorial of sundry citiZens of Cumber­ from State and municipal bonds and thus 150,000 additional trained workers during the land, Md., remonstrating against the pro­ needlessly resurrects this highly controver­ year 1942. The last report of the United posal to tax pension funds established in sial domestic issue; and States Employment Service shows that there business firms; to the Committee on Finance. Whereas a tax on future issues of State and were in preemployment training for indus­ Petition of members of the First Baptist municipal bonds would raise only the most tries in this State approximately 12,000 Church of cu·mberland and sundry other negligible revenues at this time and yet youth, and of this number 9,000 were in citizens, all of the State of Maryland,' pray­ would substantially increase the cost of mu­ training in National Youth Administration ing for the enactment of the bill (S. 860) to nicipal borrowing, which increas!)d costs shops. Both the schools and National Youth provide for the common defense in relation would have to be absorbed by additional bur­ Administration shops, where feasible, are to the sale of alcoholic liquors to the mem­ dens on taxpayers, ·already overburdened working 24 hours a day, 6 days a week, pre­ bers of the land and naval forces of the with added State and national taxes and paring workers for employment in war United States and to Provide for the sup­ increased costs of living due to the war ind-Jstries. · pression of vice in the vicinity of military emergency: Now, therefore, it is hereby Our National Youth Administration boys camps and naval establishments; ordered to Resolved by the Council of the City of New are employed in shops producing articles for lie on the table. London, Conn.: the Army, the Navy, and other governmental 1. That it hereby expresses t.he determined agencies. They receive related training from EXTENSION OF RIGHTS OF VETERANS TO opposition of the councU of the city of New the schools through an appropriation by CARRY TERM INSURANCE-R~SOLU­ London, Conn., to the continued attempts of Congress made specially for this purpose. We TION the Treasury Department, either by statute, have fine cooperation with the State depart­ administrative rulings, or by judicial decree, ment of public instruction and the .edu~ators Mr. WHITE. Mr. President, I ask to impose a Federal tax on State and munic:i­ in -the different part:, of this State. consent to present for appropriate refer­ pal bonds; and In addition to the training in about 90 ence, a resolution in the nature of a peti­ 2. That it expresses the sense of the said local shops, we have about 2,000 boys from tion from the Cumberland and York common council that this most controversial small towns and the coal regions living co­ County

1942 CONGRESSIONAL RECORD-SENATE' 3305 h::.ve no resident facilities to take care of. REPORTS OF COMMITTEES a resolution, which originates in the These boys receive $30 per month and PLY committee, regarding the appointment by their own expenses; tbat is, food, cook, heat, . The following reports of committees light, rent, water, etc. were submitted: the Vice President of a special commit­ The .·harges of extravagance are not borne By Mr. HUGHES, from the Committee on tee of five Senators to make an investi­ out by the facts. The truth is that the Navy Claims: gation with respect to primaries and 1& paying 50 cents an hour for its trainees; S. 244. A bill for the relief of the San elections. It is. customary each 2 years the Army, $70 ·a month; Westinghouse, Bald- Franc:sco Mountain Scenic Boulevard Co .-; to appoint such committee; the resolu­ . win, and other industries are paying 40 cents with an amendment (Rept. I~o . 1238); tion submitted by me is substantially in an hour; National Youth Administration is H. R. 4981. A bill for the relief of the accordance with the resolution adopted paying its youth 15V2 cents an hour for pro­ Phoenix Construction A::;sociates, a partner­ 2 years ago, and every 2 years since 1930. duction in the shops. Therefore, the wage nership; without 'amendment (Rept. No. I report the resolution and ask that it being paid by private industry, the Army, 1239) ; and the Navy is between 200 percent and H. R. 5433. A bill for the relief of the be referred to the Committee to Audit 300 pet :ent more than National Youth Ad­ guardian of Charles Jirinec, an infant; with­ and Control the Contingent Expenses of ministration. out amendment (Rept. No 1240); the S2nate. · The National Youth Administration pay for H. R. 5857. A bill for the relief of Roy F. There being no objection, the resolu­ its foremen averages $175 per month, while Lassly, former Acting ChiE:f Disbursing Clerk, tion CS. Res. 235) was referred to the the schools pay for their teachers in our shops .Department of the Interior, and G. F. Allen, Committee to Audit and Control the an average of $280 per month, or about 60 Chief Disbursing , Division of Disburse­ Contingent Expenses of the Senate, as percent more than we are paying for men ment, Treasury Department; without amend­ follows: · with the same· qualifications. ment (Rept. No. 1241); and Resolved, That a special committee of five It should be borne in mind that the train­ H. R. 5845. A bill for the relief of Alvira ing by the Army, the Navy, and other war Manfredi; with amendments (Rept. No. 1242). Senators, -to be appointed by the President industries is being paid for by the Federal By Mr. BROOKS, from the Committee on of the Senate, from States in which :1.0 Sen­ Government, and that generally they are not Claims: ator is to be elected at the general election prcducing anything for the Government. H. R. 1154. A bill for the relief of George in 1942, is hereby authorized and directed to make a full and complete investigation with Our Pennsylvania boys, at 15V2 cents, have C. Dewey; without amendment (Rept. No. 1243); respect to- produced for the Army, the Navy, and other (1) The extent and nature of the expendi­ Government agencies approximately 250,000 H. R. 4331. A bill for the relief of Alice R. Swett; without amendment (Rept. No. tures made by all candidates for the office of articles during the past year. I submit that United Sta·,es Senator in 1942 in connection they have earned the money that they have 1244); H. R. 4( ::>8. A bill for the relief of Alice with their campaigns for nomination and been paid. election to such office; Dur'ing the past year over 27,000 youth in R. Swett and the estate of Robert S. Swett; without aa. .endment (Rept. No. 1245); and (2) Tne amounts subscribed and contrib­ Pennsylvania have left the National Youth uted, and the value of services rendered and Administration, a substantial number of H. R. 6063. A bill for the relief · of the Clark. County Lumber Co.; without amend­ facilities made available (including personal whom have obtained jobs in war Industries. servicas, and the use of billboards and other Throughout the country approximately 80,- ment (Rept. No. 1246). By M . CAPPER, from the Committee on advertising space, radio time, office space, 000 youth are now in training in National ­ moving-picture films, and automobiles and Youth Administration shops. Claims: H. R. 736. A bill for the relief of Ideal Serv­ other transportation facilities), by an.y indi­ This week an article in the Baltimore Sun ice Station; without amendment' (Rept. No. vidual, group of individuals, partnership, as­ criticized the Pennsylvania National Youth 124~); - sociation, or corporation to or on behalf of Administration for having unused machinery H R. 3476 A bill for the relief of James A. each such candidate in connc.ction with any at the resident center at Lancaster, Pa. We Quillinan; without amendment (Rept. No. such campaign, or for the purpose of influ­ bad closed this center because of the break­ 1248); and encing the votes cast or to be cast at any down of our sewage system and of our water H. R. 4413. A bill for the relief of Olive Z. primary or general election, or at any conven­ supply. Ressler; without amen'dment (Rept. No. tion, held in 1942, at which a candidate for The statement about the machinery was 1249). United States Senator is to be nominated or absolutely untrue. The center was closed by By Mr. ROSIER, from the Committee on elected; my orders on Ma.rcb 11, and the next day we Claims: (3) The expenditure of funds appropriated started moving the machinery to our newly H. R. 4180. A bill for the relief of Edward by the Congress with a view to determining completed shop at Pottsville. At the time the Keating and others; without amendment whether any such funds have been or are article appeared, an inspection of the Lan­ (Rept. No. 1250). being expended by any department, inde­ caster shops was made by Army offi:::ers repre­ By Mr. ELLENDER, from the Committee on pandent agency, oi: instrumentality of tl:ie senting the War Production Board, and they Claims: United States, by any State or political sub­ found them empty, and they also visited the division .th!:Jreof, or by any instrumentality Pottsville shops and expressed gratification of S. ~1"0. A bill for the relief of Mrs. Marilla C. Gray; without amendment (Rept. of any State or political subdivision thereof, the promptness by which the machinery had in such a manner as to influence the votes No. 1251); been moved and the prcgress being made in cast or to be cast for any such candidate at installing it in its new location. :~. R. 809. A bill for the relief of the legal any such primary or general election or con­ This is an e.'!:ample of the misrepresenta­ guardian of Vernon Clemons, Jr.; with an vention; amendment (Rept. No. 1252); tions which are being·made by certain news­ (4) The use of any other means or influ­ papers which are conducting a campaign H. R. 5596. A bill for the relief of Tommy ence (including the promise or use of patron­ against this agancy. Huddleston; with an amendment (Rept. No. age) for the purpose of aiding or influencing I submit that National Youth Administra­ 1253); the nomination or election of any such can­ tion is filling a need in the present emergency H. R. 5295. A bill for the relief of ·.,he didate; and which is vital and at a very moderate cost. estate of Romano Emiliani; with amendments ( 5) Such other matters relating to the I should be glad to answer any questions. (Rept. No. 1254); and election of United States Senators in 1B42, Cordially yours, H . R. 5449. A bill for the relief of Mrs. and the campaigns of candidates in conn~c..;. ISAAC C. SUTTON, Cecile Herzog and Lucille Herzog (an infant); tion therewith, as the committee deems to be State Youth Administrator. with amendments (Rept. No. 1255)'. of public interest, and which in its opinion By Mr. RADCLIFFE, from the Committee , · will aid the S:mate in enacting remedial REPORT OF COMMITTEE ON APPROPRIA· on Commerce: legislation or in deciding any contests that TIONS FILED DURING RECESS H J. Res 263. Joint resolution to provide may be instituted involving the right to a. decorations for outstanding conduct or serv­ seat in the Senate. Under authority of the order of the ice by persons serving in the American mer­ SEc. 2. The committee is authorized to act 1st instant, chant marine; without amendment (Rept. upon its own motion and upon ~uch infor­ · Mr. TYDINGS, on April 2, 1942, from No. 1256). . mation as in its judgment may be reasonable the Committee on Appropriations, to or reliable. Upon complaint being made to which was referred the bill (H. R. 6802) INVESTIGATION OF PRIMARIES AND the committee, under oath, by any pzrson, making appropriations for the legislative ELECTION8-SENATORIAL CAMPAIGN candidate, or political committee, setting EXPENDITURES forth allegations as to facts which, under branch of the Government for the fiscal this resolution it would be the duty of said year ending June 30, 1943. and for other · Mr. GREEN. Mr. President, the Com­ committee to investigate, the committee purposes, repor:ted it wlth amendments mittee on Privileges and Elections held a shall investigate such charges as fully a~ and submitted a report (No. 1237) meeting this morning and unanimously though it were acting upon its own motion, thereon. voted :to instruct its chairman to report unless, after a bearing upon such complaint. 3306 c ·ONGRESSIONAL RECORD-SENATE APRIL 3 the committee shall find that the allegations it which begin Pursuant to Senate Res­ tern for agricultural industry. The- large in such complaint are immaterial or untrue. olution 266. entrepreneurs in both urban and rural in­ All hearings before the committee, and before dust:·y nave exercised the controlling voice in any duly aut horized subcommittee thereof, There being no obje-ction, the excerpts fixing this policy for their respective areas shall be public, and all orders and decisions were ordered to be printed in the RECORD, of enterprise. This has made possible the of the committee, and of any such subcom­ as follows: creation of a common front for coordi­ mittee, shall be public. ExCERPTS FROM PART II .OF A REPORT OF THE nated and complementary action against SEc. 3. For the purposes of this resolution, SUBCOMMITTEE OF THE COMMITTEE ON E'DU­ existing · labor unions and threats of new the committee, or any duly authorized sub­ CATION AND LABO;R organization. committ ee thereof, is authorized to hold such The dcm~nance of this pattern of indus­ public hearings, to sit and act at such times ON EMPLOYERS' ASSOCIATIONS AND COLLECTIVE trial relations was not achieved without years and places during the sessions, recesses, and BARGAINING IN qALIFORNIA of strife. It meant, for California, intense adjourned periods of the Seventy-seventh Introduction periods of conflict betv.. een unions and em­ Congress, to employ such attorneys, experts, Pursuant to Senate Resolution 266 (74th ployers, al+ .rnating with periods when re­ clerical and other assist ants, to require by Cong., 2d sess.), the committee herein sub­ sentment and hostility smoldered beneath subpena or otherwise the attendance of such mits an analysis of the economic and his­ the apparently tranquil surface of industrial witnesses and the production of such cor­ torical background of the development of relatiops. The policy never brought a real, respondence, books, papers, and documents, certain labor policies in California industry. lasting, and just peace because it was founded to administer such oaths, to take such testi­ The particu!ar policies examined are those . on the assumption that the employer was mony, and to make such expenditures, as it antagonistic to trade-unionism and collective entitled to absolute .control over all terms of deems advisable. The cost of stenographic bargaining which this committee was author­ the employment relation. The implicit de­ services to report such hearings shall not be ized to investigate. This is part II of a report nial to employees of any substantial voice in excess of 25 cents per hundred words. .which consists of the following 10 parts: in · 4.xing the conditions under which they The expenses of the committee, which shall Part I. General introduction. labored or sought opportunity to earn their not exceed $30,000, shall be paid from the Part II. Organizzd antiunionism in Cali­ livelihood could never result in their whole­ contingent fund of the Senate u pon vouchers fornia industry p-.:ior to the passage of the hzarted acceptance, nor could it ever be approved by the chairman of the committee National Labor Relations Act. permanently maintained in the larger texture or the chairman of any duly authorized sub­ Part III. rhe disadvantaged status of un­ of American principles and free institutions. committee thereof organized labor in California's industrialized The tragic results of this misguided policy of SEc. 4. The committee by majority vote agriculture. labor relations were revealed in an ever­ may authorize any member of the committee, Part IV. Employers' associations and their deepening intensification of a feeling of con­ or any member of a duly authorized sub­ !abo~: policies in California's industrialized flict between the classes in California, in committee, to conduct on behalf of the com­ agriculture . . increasingly bitter strikes, and in continued mitt ee any part of the investigation herein Part V. The organization of resistance to political, instability. The history of the un­ provided for, and for such purpose any mem­ collective bargaining in California, 1935-39. swerving adherence by dominant economic ber so authorized may hold public hearings, Part VI. A study of labor policies of em­ interests to these policies throws light upon issue subpenas and provide for the service ployers' associations in the Los Angeles area, repeated labor unrest and civic disunity. thereof, require by subpena or ot herwise the 1935- 39. This pa:ttern of industrial relations was not attendance of witnesses and the production Part VII. A study of labor policies of em­ achieved at one time by a concerted and sud­ of books, papers, and documents, administer pioyers' associations in the San Francisco den effort; rather, it was achieved by a cea,Se­ oaths and take testimony. Bay area, 1935-39. less campaign and unremitting vigilance on SEC. 5. The committ ee, or any duly author­ Part Vllr. The Associated Farmers of Cali­ the part of the employers' assoc!iations in­ ized subcommittee thereof, may authorize any fornia, Inc. -Its reorganizat ion, policies, and which a bewildering and complex variety of one or more persons to conduct on behalf of significance, 1935-39. antiunion practices was utilized. Strong the committee any part of the investigation Part IX The origin and promotion of re­ unions in certain trades or industries bad to herein provided for, ·and for such purpose any cznt legislation in California limiting labor's be broken and stripped of power; constant person so authorized may bold such public civil rights. watch had to be kept lest the workers in such hearings, issue such subpenas and provide for Part X. Conclusions and recommendati

mutual aid and support to each other even ters 2 and 3 constitute a historical outline tration of the national policy. Lacking in . though engaged in different industries and of the activity of employers' associations in these essentials, the act was ineffectual in trad~s. As a result of these practices, the these two principal urban areas, up to 1933. protecting the employee's right to organize course of labor relations in California, during Except for general characterizations of the and bargain collectively. recent years when union organization gains form of organization, financing, and leader­ Second, the labor history of California in­ were made, has been vexed by sympathetic ship of the Indu!)trial Association of San dustry prior to 1935 teaches that so long as strikes, sweeping organizing drives, and .the Franl:isco, the Los Angeles Chamber of Com­ organized antiunionism remains alive and use of the secondary boycott and so-called merce, and the Merchants and Manufacturer,s active it will be able to take advantage of "hot cargo" tactics. . Association of Los Angeles, which ne.cessarily periodically recurring opportunities to dam­ The most spectacular instances of this type could not be dated, the material pertains to age and thwart our advancing industrial de­ of response occurred in connection with the years .preceding 1933. Section 2 describes _mocracy. Organized antiunionism was on unions involved in various phases of trans­ the reaction of the3e associations to section the alert to alienate. the sympathy of the portation, with the exception of railroad 7 (a) of the National Industrial Recovery public and the many enlightened employers workers whose collective bargaining position Act and the resurgence of union organization who were inclined to favor collective bargain­ has long been assured by Federal law. Unions up to 1935. ing. This organized hostility dismembered of longshoremen, other water-front and mari­ conclusion union after union in what was euphoniously time employees, and motortruck drivers tried termed "a drive to maintain the open shop," to entrench their newly won :r:osition by The continued hostility of organize~ which all too often was synonymous for the assisting in the organization of warehousing, groups of employers toward trade-unionism shop that operated without a collective­ and collective bargaining in California's in­ proce~sing, and production employees in in­ bargaining agreement. For a union or a dustries peculiarly dependent upon the dustry predetermined the reaction of em­ union leader to offend the public taste or to forms of transportation in question. The ployers and employees to the policy embodied lose in an economic contest meant, in many strategic importance of these unions in the in the National Labor Relations Act. Hence, cases, not only defeat on the particular issue thi~ history gives perspective to· succeeding transportation industries has constituted a of wag~s and hours and working conditions threat, as yet substhntially unrealized, to the parts of the report which deal with the re­ but the destruction of any semblan'Ce of ef­ sponse of employers to that policy. In addi­ continued repr~ssion of agricultural labor. fective collective bargaining. Here is an ex­ The unions, . operating from their urban tion to this function, however, this history of planation for the efforts of t· ade-unions to strongholds, could challenge organized anti­ organized antiunionism, which has persisted obtain the maximum assurance, through var­ unionism in the hostile rural areas without for half a century in California. provides a ious contractual clauses, that their task will basis for certain conclusions which are rele• fear of localized vengeance. be that of representing their·membership ~n For these reasons, among others, the uniDns vant to our current national problems and to , ·collective bargaining, and not that of engag;. such as tho::e of longshoremen and truck crises in labor relations wh)ch may occur ing in a constant struggle for existenc3. The drivers have been the focal point of attack by .frcm time to time. merits of union-shop clauses, union-security . the employers' associations. Likewise, per­ First and foremost, this California indus.­ clauses, and other commonly used devices to -sistent attempts have been made to qutlaw, trial history teaches that a democratic gov­ assure.the endurance of collec,tive bargaining, by court acticns or legislative prohibition, ernment must aggressively. maintain ade­ despite the presence of inevitable abuses in­ such devices as the secondary boycott and quate safeguards of the right of labor to herent in any institution, cannot be debated the "hot cargo" technique, which labor by organize and bargain collectively. Employer­ over the conference table or in the legislative cooperative effort has forged to meet organ­ employee relationships subject to the ccm­ chamber without taking cognizance of the ized antiunionism. The unsuccessful State plete -control of the employer are a breeding : ·dark shadow of organized antiunionism that labor initiative of 1938, called proposition .No. ground for ecm.omic injustice~ industrial un­ ·has made such devices-necessar·y. 1, and the law prohibiting the use of the .rest, class violence as di:>tinct from group co- The cyclical successes which have often secondary boycott. recently enacted over Gov­ operation, and the myriad evils that flow attended the efforts of organized antiunion­ ernor Olson's veto, are examples. from industrial autocracy. Yet from time to ism should sharpen the discernment of the Other responses to this well -esta bUshed and time there are urgings from certain influen­ public and its elected representatives in times firmly held policy of organized antiunionism, tial quarters that the national labor policy when alleged excesses, abuses, or unwise ac­ maintained through the employers' associa­ ·embodied in the National Labor Relation& tions of trade-unions or their leaders are tions, were the continued struggles over col­ ·Act should be abandoned or weakened. paraded before the public or employers. Tl'le lective agreements ccntaining measures of Thi~ political position should be hpnest_ly and issue in. such situations must always be the union security. Provisions establishing frankly appraised for what it is, namely, an correction of proved abuses in ·a manner that seniority rights. the closed shop, and the hir­ effort· to give ·:enewed license to those who will not weaken the rights of labor to or­ ing hall were sought by the unions. One of would invade, weaken, or destroy the right ganize and to bargain collectively, with their the impelling reaeons for this insistence was of labor to organize and bargain collectively. necessary incidents. their fear that recognition and bargaining Memories are short. This historical outline Finally, from this history of antiunionism rights, although nominally achieved, were should serve to refresh our national recollec• in California prior to 1935 we may conclude vulnerable to the historically deadly impact tion at this and other critical times. A fa­ that its organized and conspiratorial activi­ of organized antiunionism ~ The continued miliarity with this type of history should ties constitute the most serious aspect of its maintenance of "belligerent" employers' as­ ever deter the Congress from any action by undemocratic character. That, in the per­ sociatio'ns and the continued membership in fiat or by failure to appropriate adequate spective of many decades, one is now privi­ or financial support of these feared institu­ funds to enforce the provisions of the Na:­ leged to see clearly. tions by many employers incited the unions tional Labor Relations Act which would re­ The refusal of an individual company man­ to strive for every measure of security. The sult in relaxing the vigilance the Govern­ ager or employer to enter wholel:eartedly repeated attempts of many of tl)ese same ment should exercise over the civil liberties into collective bargaining, or even his use employer group,s to outlaw the closed shop of its citizens. of "unfair labor practices," may be success­ only accentuated the unions' efforts. Should any combination of circumstances fully challenged by .the administrative proc­ Thu&, it is evident that the origin, nature, ' in the future bring the right pf American ess; a change in management due to retire­ and history of organized antiunionism, as labor to organize and bargain collectively to ment or other cause;:; may worl{ the cure; a embodied in the belligerent employers' a~so­ the lowly and unprotected status that close-range observation of the favorable op­ ciation, is basic to any panoramic survey of marked some stages of California's history, eration of a collective agreement may produce the status of labor's right to organize and our democracy now grounded in a highly in­ a change of attitude. Society may overlook bargain collectively in California. In pro­ dustrialized economy would- be in seriouS' the transgressions of the lone offender, unless Viding this bacltground, this part II is divided dang:?r. A long national experience of which a powerful individual or a business operation into two sections. In section 1 there is an this California history is illustr.atiYe ' gives of vast and strategic pi·oportions is involved. analysis of certain economic and historical complete validity to the political conclusion Rights, although violatej in an isolated case, factors affecting this particular study of em­ that the power of democratic government are commonly respected and customarily en­ ployers' associations and collective bargain­ J must be perpetually on guard to protect the joyed. The design of the National Labor Re­ ing. Chapter 1 is an economic analysis of rights of labor. lations Act was accommodated to this situa­ California industry which does not purport The events in California's labor relations tion of the individual offender. to be inclus:ve. It does serve, however, to between 1933 and 1935 demonstrate, further.­ But the organized conspiracy of many em­ bring into focus some of ·the basic factors more, that effective enforcement of these ployers to violate the rights of labor presents which affect the outlines and approach of rights requires more than legislative declara­ a more complicated challenge. If permitted succeeding parts of the report. It notes the t!on.· The national labor policy embodied to exist, such a conspiracy constitutes a jmportant and significant nature of labor in the National Industrial Recovery .Act was threat to the whole fabric . of industrial relations in California's agricultural indus­ never actually realized in California, for the democracy. Civil rights are placed in ex­ try, leaving the more detailed discussion of reason that institutions and customs long treme jeopardy; one group, seeking to be tlie this topic for parts III and IV. It indicates devoted to antiunionism could not be masters, becomes completely set off from the setting of employment relationships in changed without effective legal controls. those who are cast for the role of slaves. Mu­ San Francisco and Los Angeles. as the pattern Organized antiunionism necessitated a vigi­ tual respect and confidence, cooperation, and for much of the survey that follows. Chap- lant and effectively implemented adminis- all those desirable elements that give stability 3308 CONGRESSIONAL RECORD-SENATE APRIL 3 to an industrial community cannot exist in appropriation of receipts from certain nr.­ "Policies Needed Today," delivered by him to an atmosphere foreign to our traditions of t. 'onal forests for the purchase of lands the Republican State convention at Port­ the d:gnity of the individual. within the boundaries of such forests, to pro­ land, Maine, on April 1, 1942, which appears Equally serious is the problem of correc­ vide that any such receipts not appropriated !n the Appendix.] or appropriated but not expended or oblL­ tion. The normal corrective processes are ADDRESS BY M. S. SZYMCZAK ON INFLA­ slow to overcome outmoded habits and con­ gated shall be disposed of in the same man­ cepts when a conspiracy to retain them exists. ner as other national forest receipts, and fOr TION-WHAT NOW? Law enforcement, geared to dealing with other purposes; to the Committee on Agri­ [Mr. LUCAS asked and obtained leave to separate violations, may be literally over­ culture and Forestry. have printed in the Appendix of the RECORD whelmed unless provided with more effective By Mr. REYNOLDS: an address on the subject Inflation-What weapons. The defiance may spread to en­ S. J. Res. 143. Joint resolution to amend Nnw? delivered by M. S. Szymczak, member, velop a whole community and enlist the secticn 1700 (a) (1) of the Internal Revenue Board of Governors of the Federal Reserve forces of local government into a complicit y Code by exempting from tax the amount paid System, at the thirty-first annual conven­ that breeds a break-down of all authority. for admissions to theaters and other activi­ tion of the National Retail Dry Goods Asso­ This process may even be enlarg_ed to apply ties operated by the War Department or the ciation, New York City, January 14, 1942, to a State or region. Then, the National Gov­ Navy Department within posts, camps, reser­ which appears in the Appendix.] ernment is faced with the unpleasant deci­ vations, and othet· areas maintained by the sion of abandoning the policy, allowing it to Military or Naval Establishment; to the THE SIXTH COLUMN-ADDRESS BY be flaunted without any peaceable recourse by Committee on Finance. RICHARD C. PATTERSON, JR. those whose rights are at stake, or adopting some heavy-handed method of treating the AMENDMENTS TO AGRICULTURAL DE­ [Mr. MEAD asked and obtained leave to conspirators. PARTMENT APPROPRIATION BILL have printed in the RECORD a radio address entitled "The Sixth Column," delivered by Hence, the organization of employers and Mr. ANDREWS submitted amend­ Richard C. Patterson, Jr., of New York, and related .groups to enforce a policy of anti­ ments intended to be proposed by him to also excerpts from an article on the same sub­ unionism becomes a matter of primary con­ House bill 6709, the Agricultural Depart­ ject published in the recent issue of the New cern to all sincere adherents of sound, demo­ York Times, which appear in the Appendix.] cratic government. It is a matter of life or ment appropriation bill, fiscal year 1943, death to trade-unionism. So long as such which were referred to the Committee on 1\DDRESS BY VAN A. NO MIKOS, SUPREME a policy is permitted to exist in ·any form Appropriations and ordered to be printed, PRESIDENT, ORDER OF AHEPA in any place, it must be sought out, exposed, ·as follows: and challenged with the appropriate instru­ On page 74, line 6, to strike out "seeds", on [Mr. MALONEY ru>ked and obtained leave ments of the Government and publjc opinion. the same page, line 16, to strike out "seeds,"; to havt! printed in the RECORD an address delivered· by M~ . Van A. Nomikos, supreme Because of this feeling, strongly held, the and on the same page, line 12, after the colon, presidE-nt of the Ord~r of Ahepa, at the an­ committee will undertake in subsequent parts to insert the following: "Provided further, of this caiifomia report to search out ex- · That no part of such amount shall be used nual banquet of tbe organization at the May­ haustively the varied manifestations of this for the purchase of s&ds: ". flower Hotel on :March 23, 1942, which appears antisocial tendency, traditional in California in the Appendix.) industry, which under the National Labor Re­ INVESTIGATION OF CAUSES OF CERTAIN lations Act now have become violative of the AIRPLANE ACCIDENTS-CHANGE OF THANKSGIVING DAY DATE-LETTER BY spirit or letter of national law. The surviva~ REF·ERENCE H S. J . SICKEL of this organized antiunionism, with the pas­ [Mr. DAVIS asked and obtained leave to sage of years, presents· a challenge to demo­ Mr. KILGORE. Mr. President, day be­ have printed in the RECORD a letter addressed cratic government and public opinion that fore yesterday I reported from the Com­ to him by Mr. H. S. J. Sickel relative to the must be met and overcome. To that end, an mittee on Military Affairs Senate Resolu­ question of the date of Thanksgiving, which identification and analysis of its shadowy tion 234 erroneously, and asked for the appears in the Appendix.] outlines are a necessary and continuing re­ reference of the resolution to the Com­ sponsibility of government. mittee to Audit and Control the Con­ GLIDER TRAINING-ARTICLE BY FRANK ENROLLED BILL PRESENTED tingent Exp.enses of the Senate. I P . WISBAR Mrs. CARAWAY, from the Committee thought at the time that the resolution [Mr. ROSIER asked and obtained leave to on Enrolled Bills, reported that on March had been approved by the Committee on havE> printed in the RECORD an article en­ Military Affairs. I have since ascer­ titled "Gliders for War/' written by Frank 31, 1942, that committee presented to the Paul Wisbar, with Fred Allhoff, and published President of the· United States the en­ tained that I was mistaken. I therefore in Liberty magazine, which appears in the rolled bill nator from Utah to the collection of income taxes; to the printed in the RECORD a radio address on the [Mr. THOMAS] and myself, to introduce Committee on Military Affairs. subject Four Steps To Win the War, delivered a bill and request that it be referred to By Mr. LUCAS: by him on March 13, 1942, which appears in the appropriate committee. Because of S. 2434. A bill to provide for the issuance the Appendix.] the interest which I think there may be of flags to the nearest relatives of certain ADDRESS BY SENATOR MEAD BEFORE persons who die in service in the land or in this measure, I ask that the bill be naval forces of the United States; to the HOLY NAME SOCIETY OF NEW YORK printed in the RECORD as a part of my Committee on Naval Affairs. . CUSTOMS OFFICE remarks. It. is entitled "A bill to elimi­ (Mr. LA FOLLETTE (for himself and Mr. [Mr. MEAD aEked and obtained leave to nate certain oppressive labor practices THOMAS of Utah) introduced Senate bill have printed in the RECORD an address d·eliv­ affecting· interstate and foreign com­ 2435, which was referred to the Committee ered by him to the Holy Name Society of the merce, and for other purposes." on Education and Labor, and appears under New York Customs Office, which appears in a separate heading.) the Appendix.} There being no object5.on, the bill commerce and gas, or nauseating gas; any shotgun having goods or in any process or occupation neces­ the free flow of commerce;· and (6) inter­ a barrel of less than 25 inches in length; or sary to the production thereof. feres with the United States and its agencies any weapon which shoots or is designed to (t) The terms "includes" and "including" in obtaining goods and services pursuant to shoot, automatically or semiautomatically, when used in a definition contained in this contract. more than one shot without manual reload­ section shall not be deemed to exclude other (b) The Congress further finds that the ing, by a single function of the trigger. things otherwise within the meaning of the use of the channels and instrumentalities of (j) The term "to furnish" includes to sell, term defined. . - commerce and of the mails for the trans­ lease, rent, lend, or give, and to supply funds (u) The term "intimidate" means to cause portation of goods produced by employers for the acquisition of. in the mind of a person a reasonable appre­ engaged in the activities above referred to, (k) Tht. terms "sale" or "sell" each include hension of violence or damage to him or any or for the transportation or furnishing of member of his family and the term "injure" any sale, exchange, contract to sell, consign­ shall include any damage or actionable wrong supplies and services for engaging in such ment for sale, shipment for sale, · or other to the person or his business, occupation, activities, tends to spread and perpetuate disposition. employment, or source of income. such activities and the evils resulting there­ (1) The term "iabor spy" means any per­ (v) The term "employers' association" shall from. son who, for any compensation, promise of include all organizations or associations of (c) It is hereby declared to be the policy of compensation, . or other inducement, and employers and all organizations or associations the United States to eliminate the activities whether done as a separate duty or as an ad­ of others supported financially by them, for­ referred to in subsection (ai when such ac­ ditional duty in connection with other work, mal or informal, which are engaging in rep­ tivities affect commerce or are engaged in by engages in industrial espionage, and includes resenting, advising, or acting on behalf of employers who are engaged in commerce, in any person engaged, in whole or in part, in employers in labor relations or labor diffi­ the production of goods for commerce, or in the business of hiring, recruiting, enlisting, culties. furnishing goods or services to the United or inducing any person to engage in indus­ SEc. 3. (a) For the purposes of this act, it States and its agencies pursuant to contract, trial espionage, or in preparing or transmit­ shall be an oppressive labor practice for any and to prohibit the use of the channels and ting the report of a labor spy. person in any State- instrumentalities of commerce and of the (m) The term "industrial espionage" means (1) To employ or utilize any labor Epy. mails for the transportation of goods pro­ reporting, securing and reporting, or at­ (2) To employ or utilize any strikebreaker duced by employers who engage in such ac­ tempting to secure and report to an em­ or strikebreaking agency. tivities, and for the transportation or fur­ ployer, directly or indirectly- (3) To pay or agree to pay any compensa­ nishing of supplies and services for engaging (!) informa.tion With respect to the plans tion or gratuity, directly, or indirectly, to, or in such activities. or activities of any of his employees or to make any contracts or payments for the DEFINITIONS .any labor organization with reference to self­ services of, any person who (A) with the organization or mutual aid or protection, or authority, knowledge, or consent of his em­ SEc. 2. Whenever used in this act- with respect to the identity, number, or ployer, acts as a private guard or peace officer ( a) The term "person" includes one or composition of the membership of any labor while armed and while absent from the prem­ more individuals, partnerships, corporations, organization, or with respect to the affilia­ ises or place of business of his employer associations, business trusts, receivers, trus­ tion of any of his employees or prospective (except when such person is engaged in the tees, or legal· representatives, but shall not employees with a labor organization, with­ immediate pursuit of an individual com­ include any State or political subdivision out the express consent of such employees or mitting a crime on such premises) , whether thereof. prospective employees, or of such labor or­ or not such person holds a commission from (b) The term "State" means any State of ganization, as the case may be. any State or political subdivision thereof: the United States, the District of Columbia, (n) The term "strikebreaker" means any Provided, That it shall not be an oppressive Puerto Rico, Hawaii, or Alaska. person who, during or in anticipation of a labor practice to employ armed private guards (c) The term "commerce" means trade, labor dispute, is hired- or peace officers to the extent reasonably traffic, commerce, transportation, transmis­ ( 1) to replace any regular employee whose necessary for the protection of persons and sion, · or communication among the several work ceases as a consequence of or in con­ property on the premises of the employer States, or between any State and any place nection with such labor dispute if such per­ or for the pursuit and arrest of persons com­ outside thereof, or between points within son receives or is offered a wage, salary, or mitting crimes on such property and for the same State but through any place out­ other compensation from any source (in­ protection against theft of goods or money side thereof, or within the District of Co­ cluding transportation to the place of em­ in transit; or (B) acts as a private guard or lumbia. ployment, board, lodgings, or other facili­ peace officer during, or in anticipation of, a (d) The term "affecting commerce" means ties) at a rate in excess of the rate received labor dispute when his employer knows or in commerce, or burdening or obstructing by or offered in good faith to such regular has reason to know that he has been con­ commerce or the free flow of commerce, or employee immediately prior to the cessation victed, under the laws of the United States having led or tending to lead to a labor of his work. or of any State, of a crime. of homicide or dispute burdening or obstructing commerce ( o) The term "strikebreaking agency" assault with a deadly or dangerous weapon. or the free flow of commerce. means any person engaged, directly or ingi­ (4) (A) To possess industrial munitions in (e) The term "employer" includes any rectly, in whole or in part, in the business of or about any place of employment in or person acting in the interest of an employer, hiring, recruiting, enlisting, or inducing any about which goods are being produced for directly or indirectly, in relation to an em­ person to act as a strikebreaker or labor spy, commerce, or for any person engaged in a ployee, but shall not include the United or in preparing or transmitting the report of labor dispute to furnish, directly or indirect­ States or any State or political subdivision . a labor spy. ly, industrial munitions to any person o1· to LXXXVIII--209 3310 CONGRESSIONAL RECORD-SENATE APRIL 3 any law enforcement officer or agency of any the foregoing, its contributions to other per- the defendant is an inhabitant or wherever State or political subdivision thereof: Pro­ sons or organizations. · the defendant may be found. Judgments vided, That the possession, sale, or disposi­ The source of its income -in det"il. and decrees so rendered shall be subject to tion of industrial munitions in the regular (b) For the purpose of paragraph (3) (A) review as provided in sections 128 and 240 course of business by any manufacturer or of subsection (a), proof that any person paid of the Judicial Code, as amended (U. S. C., importer thereof, or dealer therein, shall not or agreed to pay any compensation or gra­ 1934 ed., title 28, sees. 225 and 347). be deemed to be an oppressive labor prac­ tuity, directly or indirectly, to, or made a ENFORCEMENT AND INVESTIGATIONS tice: And provided further, That the posses­ contract or payment for the services of, any sion of industrial munitions by banking in­ person who, during the period covered by SEC. a. (a) Whenever it shall appear to stitutions or trust companies shall not be such contract, agreement, or payment, or who the Secretary of Labor that any person has deemed to be an oppressive labor practice; within 120 days before or after, any such engaged or is about to engage in any acts or (l3) to utilize industrial munitions. in agreement, contract, or payment acted as a or practices which constitute or will consti­ connection with any labor dispute, or to private guard or peace officer while armed tute a violation of this, title, he may bring possess industrial munitions for the purpose and while absent from the premises or place an action in the name of the United States of utilizing them in connection with any of business of his employer, shall be prima in the proper district court of the United labor dispute. facie evidence that his employer authorized, States, or the United States courts of any (5) To combine, conspire, or act in concert had knowledge of, or consented to such Territory or other place subject to the juris­ with any person, injure willfully, or intimi­ action. diction of the United States, to enjoin o date by the use of force or violence or threat PROHIBITED ACTS restrain such acts .or practices, and upon a thereof, any person or persons for the purpose proper showing a permanent or temporary SEc. 4. It shall be unlawful for any per­ injunction or decree or restraining order shall of interfering with the exercise of their right son, after the expiration of 90 days from the to organize, form, join, act as members of; be granted without bond. date of the enactment of this act-:- (b) No . action to enjoin or restrain any or support labor organizations, or their right (a) To engage in any oppressive labor to bargain collectively through representa­ practice in or about any place of employ­ such acts. or practices shall be brought ex­ tives of their own choosing, or their right to ment in or about which goods are being pro­ cept by the Secretary of Labor. The provi­ engage in concerted activities which are not duced for commerce: sions of the act entitled "'An act to amend in violation of law, for the purpose of collec­ (b) To engage in any oppressive labor prac­ the Judicial Code and to define and limit the· tive bargaining, including, without limita­ tice (1) affecting commerce or (2) involving jurisdictio~ of courts sitting in equity, and tion of the foregoing, the right to picket or affecting employees ·who are, or immedi­ for other purposes," approved March 23, 1932, peacefully, assemble, and petition for a re­ ately prior to the cessation of their work as as amended '. (U. · S. C., 1934 ed., title 29, dress of grievances. a consequence of or in connection with a sees. 101-115), shall not be applicable to any (6) To combine, conspire, or act in concert labor dispute were, employed in commerce or such action, but · the rights, benefits, and with any other person, formulate, maintain, in the production of goods for· commerce; protection contained in the provisions of or use a blacklist or any other method of (c) To furnish any person with industrial such act shall not be affected in any other identification of persons who are exercising .tnunitions, or services for engaging ' in any manner by any provision of this title. - their right to organize, join, or act as mem­ . oppressive -labor practice affecting commerce (c) The. Secretary of Labor may transmit . bers of, or support labor organizations or or involving or affecting employees employed such evidence as may be available concerning their right to bargain collectively for the pur­ in commerce or in the production· of goods such acts or practices to the appropriate pose of preventing them from ·obtaining or for commerce; or · United States attorney, or to the Attorney retaining employment or for the purpose of (d) To discharge or in any other mann~r General, who may institute appropriate pro- causing discrimination against them in the discriminate against any employee or pro­ ceedings under this title. : terms or conditions of employment. spective employee because he has made any SEc. 9. (a) The Secretary of Labor upon (7) To negotiate or enter into any con­ statement with respect . to .purported viola­ probable cause shown may investigate any tract, agreement, or understanding, or · re­ tions of the act, or has 'made ·any complaint facts, conditions, practices, or matters the newal ·thereof, oral or written, whereby au to his employer or to any other person or investigation of which may be necessary or employer agrees to refuse to engage in collec­ agency with respect to purported violations · proper to determine whether any person has tive bargaining with his· employees through ­ 9f the act, or has file~ any complaint with violated any provisions of this title. their chosen representatives, or giving rf'cog­ the Depa"tment of Labor or the Department (b) For the purpose of any investigation nition to labor organizations, provided that of J:ustice or any other governmental agency by the Secretary of Labor under subsection this provision shall not apply to a collective charging a violation of the act, or has testi­ (a), the provisions of sections 9 and 10 of agreement with a bona fide labor organiza­ fied or is about to testify with respect to any the Federal Ti·ade Commission Act as tion. violation of the provisions. of this act. amended (relating to the attendance of wit­ (8) To demand or receive of an individual S~c. 5. It shall be unlawful for any_person, nesses and the production of books, papers, employee a pledge, agreement, or understand­ after the expiration of 90 days from the date and documents), shall be applicable to such ing which restricts the freedom of such em­ of the enactment of this act-- investigation in the same-manner and to. the ployee to strike or join a labor organizaUon, (1) To use the mails or the channels or in­ same extent as in the case of investigations by or abrogates his freEdom of choice in mat­ strumentalities of commerce to furnish or the Federal Trade Commission under such act ters of repreEentation. offer to any person with industriai munitions as amended. (9) To ~ct in concert with any tw0 or or services for engaging in any oppressive SEc. 10. No provision of this title, and no more employers to injure willfully, or intimi­ labor practice. investigation, prosecution, or suit instituted date by the use of force or violence or · (2) To use the.mails or the channels or the U:Qder this title shall in any manner limit threats thereof, any employer or members of instrumentalities of commerce to procure in­ any of the powers or duties of the National any ·labor organization for the purpose of dustrial munitions or services for engaging Labor Relations Board under the National preventing such employers or employees from in any oppre:::sive labor practice. Labor Relations Act (49 Stat. 449). entering into or abiding by a b~na fide coi­ SEPARABILITY CLAUSE lective-bargai'ning agreement. PENALTIES (10) To attempt to commit or to conspire SEc. 6. Any person who yiolates any of the SEc. 11. If any provision of this act, or the to commit 'lllY of the oppressive labor ·prac­ provisions of sections 4 or 5 shall, upon con­ application of such provision to any person or circumstances, shall be held invalid, the tices prescribed in the foregoing subsections viction ther ~of, be subject to a fine of. not 1 through 9 of this section. more than $10,000 or to imprisonment for remainder of the' act, and the application of · ( 11) To act as an officer or employee of an not more than 6 months, or both. such provision to pe.rsons or circumstances other than those as to which it is held in- employers' association, with knowledge that, COURT PROCEEDINGS AND REVIEWS witpin 30 days after the date of enactment V-alid, shall not be affected thereby. of this act, the association, through its au­ SEc. 7. The district ~ourts of the United Mr. LA FOLLETTE. Mr. Pr,esident, thorized officers, acting under oath, has not States, and the United States courts of an_ registered its identity with the National Labor Territory or other place subject to the jur· - the bill is for the purpose of eliminating Relations Board or submitted, within the 12 diction of the United States, shall have by sanctions of penal law that conduct months preceding, the following types of in­ elusive jurisdiction of violations of this title, by a powerful minority of employers and formation as the Board may require by suit­ and shall have jurisdiction,, for -cause shown, their associates which interferes seri­ able regulations: ~nd subject to the provisions of section , 17 ously with the right of labor to organize The name of the employers' association. (relat~ng to notice to opposite party) of the and bargain collectively and thereby en­ The address at which it has its principal act entitled "An act to supplement existing dangers the healthy development of our office. · laws against unlawful restraints and monop­ The names and titles of its officers and olies, and for other purposes," approved Octo­ industrial democracy. members. ber 15, 1914,. as amended (U: S. C., 1934 ed., BASIS FOR PROPOSED LEGISLATIVE ACTION The date of its establishment or organiza- title 28, sec. 381), to restrain such violations. · I wish to emphasize to the Senate that tion. Any prosecution ·or suit under this title may A copy of its constitution or bylaws, if any. be brought in the district wherein the de­ this bill is not hasty or inteiriperate leg­ The locale of its activities. fendant is found or is an inhabitant or islation based upon prejudice, emotion, A detailed financial statement of its ex­ transacts business, and process in such cases or guess work. The necessity and desir­ penditures, including, without limitation, ot may be served in any other district of which ability of such a measure is manifest in 1942 CONGRESSIONAL RECORD-SENATE 3311 a massive record of undeniable facts un­ this body in its long history with any ter will lead inevitably to infringement earthed· in an intensive investigation, more substantial factual record ground­ of the primary rights from which they lasting over 4 years, by thr subcommit­ ing the propriety and necessity of the spring. tee of the Senate Commi.ttee on Educa­ legislation proposed. Decisions of the Supreme Court have tion and Labor, of which I had the honor It is upon this record and these re­ confirmed the subcommittee in the view to serve as chairman. This subcommit­ ports that the subcommittee bases one of which it has consistently held concerning tee was authorized in 1936 to investigate its major recommendations for legisla­ the essential nature of the rights de­ violations of rights of free speech and tive action, embodied in the Oppressive scribed in its resolution. The right of assembly and undue interference with Labor Practices Act of 1942, which I have self-organization and collective bargain­ the right of labor to organize and bar­ just introduced. The substantive back­ ing is a complex whole, embracing the gain collectively. The public record of ground of the act, in my opinion, de­ various elements of meetings, speeches, its inquiry, the last volume of which is serves further comment, especially in peaceful picketing, the printing and dis­ now being printed, comprises eighty-odd light of the heated controversy and the tribution of pamphlets, news,. and ar­ volumes. It includes approximately 30,- passions which have been aroused, not gument, all of which, however, are trace­ 000 pages of published testimony and only in this Chamber, but all over the able, in the final analysis, to the funda­ exhibits which will number in excess of United States, in this critical hour of mental Iiberaties of expression and as­ 15,000. Over a thousand witnesses were the country's history. sembly. So compounded, the right of publicly examined under oath. The SUBSTANTIVE BACKGROUND OF PROPOSED self-organization and collective bargain­ . greater portion of witnesses were em­ LEGISLATION ing is fundamental, is basic, being one ployers and their agents, officers of em­ phase of the process of free association ployers' associations detective agency ,/_ From its beginning the subcommittee essential to the democratic way of life. managers, and privatP and public police r deemed its principal function to be the Following the mandate of the Senate officers. There was considerable testi­ examination and reporting of instances resolution and in conformity with its mony from -employees, labor union rep­ of resistance to and subversion of the proven conception, the subcommittee di­ resentatives, unaffiliated observers of fundamental national labor policy favor­ rected its investigations and reports to various incidents, and expert witnesses. ing collective bargaining. for interstate those activities which were outstanding The evidence concerning alleged viola­ industries, which was established in the as oppressive labor practices, ranging tions c_ labor's civil liberties was largely National Labor Relations Act and con­ from extremes of subtlety and deceit to provided by the testimony and acknowl­ rtrmed by the Supreme Court in repeated the utmost in barbarity, which were used edged written documents of those charged decisions as the law of the land. The to frustrate the purposes of the National with complicity. Persons attacked or ac­ subcommittee has felt that the circum­ Labor Relations Act and destroy the civil cused at the hearings were given an op­ stances surrounding the passage of Sen­ liberties of labor which are inherent in ate Resolution 266, which authorized its the right to organize and bargain col­ portunity to respond in person on the investigations, properly gave this direc- · matter at issue, so long as the commit­ lectively. tee was in session, and thereafter to sub­ tion to its efforts. In reporting that res­ Early reports of the subcommittee sub­ mit their replies in writing for incorpora­ olution favorably to the Senate in May mitted to the Senate in 1937 and 1939 tion into tl1£ record. Any witness who 1936, the full Committee on Education analyzed certain of these practices in desired could be attended by counsel. and Labor declared: great detail. The subcommittee's first After examination all witnesses were per­ The purpose of the investigation contem­ report revealed the widespread use of plated in SeDate Resolution 266 is to acquire labor spies by employers, and particularly mitted to submit additional statements knowledge of the full extent to which the or additional data, if they desired, and the indefensible and highly profitable in­ rights of labor to organization as established dustrial espionage services supplied by all such material submitted during the in the Labor Disputes Act is being denied course of the hearings which was per- _ and the extent to which civil liberties are commercial detective agencies. The tinent to the inquiry was admitted to the interfere, with. second report disclosed the evils and in­ subcommittee's record. Exhibits pre­ cendiary nature of strikebreaking serv­ The two phases of the subcommittee's ices in labor disputes and described com­ pared by the subcommittee's wfth work as expressed in the resolution regard to the organizl::l.tions under in­ mercialized strikebreaking and strike­ proved to be closely related. Profound guard agencies. The third report dis­ vestig-ation were submitted to represent­ ~;tudy of undue interference with the atives of the latter for their perusal and cussed the use of private industrial rights of labor did not result in over­ police as an instrument of opposition to correcti01.. In all hearings upon a labor looking violations of the rights of free dispute or violent clash, representatives collective bargaining and found that the speech and assembly; on the contrary, activities of such private police in the of all parties concerned were called to it led to selection and consideration of the stand and given an opportunity to field ·of labor relatiJrts resulted in blood­ those violations of constitutional liberties shed and brutality and the usurpation in confront other witnesses involved · and · which have the· greatest import and sig­ reply to accusations. The ground cov­ many instances of public authority itself. nificance for the perilous times in which The fourth report analyzed the use of ered was Nation-wide in scope, ranging live. Political and religious conflicts from the .nines and mills of Alabama and we industrial munitions and the accumula­ today are less productive of infringe­ tion of a large private arsenal in anticipa­ Kentucky and the great industrial areas ments of these fundamental civil rights tion of labor troubles. of the East and Middle West to the fac­ in this country than struggles over eco­ These four reports provided the basis tories and fields of California and Ari­ nomic problems in the field of industrial for the subcommittee's legislative recom­ zona. There is hardly any State or relations. Indeed, it may be said that geographical area that is not repre­ mendations submitted to Congress on the most spectacular violations of civil May 28, 1939, in the form of Senate bill sented in this list of locales where sordid lib2rty coming within the purview of the No. 1970, which was entitled the "Op­ violations of the rights of labor oc­ subcommittee's mandate proved upon in­ pressive Labor Pmctices Act of 1939." curred. vestigation to have their roots in eco­ This bill was referred to the Committee To summarize this immense record nomic conflicts of interest; and that any on Education and Labor; lengthy hear­ compiled in this painstaking fashion and concerted and prolonged rejection of the ings were held on the bill in May and its findings ·thereon, the subcommittee principles of collective bargaining leads June of 1939 a·nd it was reported favor­ previously has submitted 11 reports. Re­ inevitably to the invasion of constitu­ ably by the full committee. It passed the cently it filed with this body the first of tional liberty as surely as it does to em­ Senate with amendments on May 27, 10 installments of its twelfth report, bittered if not violent protest from the 1940, by a vote of 47 to 20. In the House which ·wm treat its concluding investi­ side of labor. Continually the subcom­ it was referred to the Committee on cation on the west coast in late 1939 and mittee has had i~ mind that free associ­ Labor but was not reported out before early 1940. Naturally, these r€ports in­ ation and self-organization are simply the end of the session. clude in full detail an official summary the result of the exercise of the funda­ But these four distinct practices were of the findings of the subcommittee on mental rights of free speech and as­ not all of the oppressive labor practices s~eci:fic types and sources of violations sembly. An attack on these primary disclosed. The subcommittee found that and interference with the rights of constitutional rights will prevent organi­ organized antiunionism, functioning pri­ labor. I venture the assertion that no zation of labor and the processes of col­ marily through conspiracies of employ­ legislatic:. has ever been presented to lective bargaining; an attack on the lat- ers or persons financed by employers, 3312 CONGRESSIONAL RECORD-SENATE ' APRIL 3· had devised and regularly engaged in a declared the law unconstitutional in ad­ ried on by various "belligerent" employ­ number of additional activities which vance. Since that act was passed and ers' associations, and to attack such joint. may rightly be.· called conspiracies. In­ upheld by the · United States Supreme employer action directly. deed, as its inquiry lengthened into years, Court, these subversive conspiracies have Section 3 (a) of the old bill, S. 1970, the subcommittee became more and more dedicated a large part of their effort to in four subsections treated labor espio­ impressed with the fact that the well­ its circumvention and avoidance, and, all nage, str!kebreaking services, private springs of resistance to collective bar­ too often, to its flagrant violation. There police excesses and the use of industrial gaining, of which a wide variety of op­ can be no doubt on the record of this munitions. Seven new subsections have pressive labor practices were the bitter subcommittee's investigation that they been added to this list of

hour. I mean ·businessmen. I mean have done~ They are the ones who are have learned the noble art of cooperat­ labor leaders. I mean farmers. I mean truly injuring a great labor movement. ing unselfishly so that the Nation might legislators. If America should go de­ Ninety-nine percent of the men and 99 benefit. featist-and I know she never will-it percent of the leaders in labor do not In the next few weeks after Easter, would be, as Lincoln said, because of in­ approve what they are doing; nor do while Congress is in recess, what an op­ ternal differences. Those who create in­ 99 percent· of the industrial leaders ap­ portunity there will be for the leaders of ternal di1Ierences are the potential little prove of the practices of a few racketeers labor, the leaders of industry, the leaders Hitlers of the future. in their ranks. I know what .I am talk­ of all groups in America to do the un­ Next Sunday we celebrate. Easter, ing about. I have had labor leaders and selfish thing, the patriotic thing, the truly which means so much to the Christian industrial leaders in my office say so. worth-while thing, resulting in making world. If we in America could eliminate I have known labor all my life. I know sure the preservation of our beloved selfishness and fear and learn the true what it is to sweat at 15 cents an hour in country. Yes, Mr. President, if we ap­ lesson of Easter we could solve all our the lumber mills. I know labor. It does PI~oach the problem from an over-all problems. Each year Easter brings not want grafters or racketeers in its view, if we look at it with the perspective clearly and definitely to humankind the midst. It is part of our business to pro­ of men tru!y patriotic, not segmenttl:lts, great truth that spiritual life has con­ tect legitimate labor from being sabo­ we shall pass a bill that will say to the tinuity, that there is no death or extinc­ taged. It is not our business to put labor Bourbons, whether they are in labor, in tion in the realm of the real or the spir­ on a pedestal, where it does not belong, management, or in politics, "You have itual. If we in America could eliminate nor is it our business to put legitimate got to get out of America; this is no p:ace selfishness and fear and learn the true labor organizations out of business~ Our for you." lesson of Easter, when we come -back job is to preserve America; and the way I have faith that the leaders of in­ here 2 weeks from Monday we should to preserve America is to make her clean, dustry, that the leaders in the labor not find on our desl~ demands and strong, and wholesome. movement, will get rid of the very small orders that we pass certain class legis­ There are a few-a very few--Bour­ percentage of men who are false and lation. We should find carloads of com­ bons in every segment of our society. blind leaders. You remember, Mr. Presi­ munications begging us to pass legisla­ Just think what it would mean in this dent, that the Good Book says the b1md tion which would be for the best inter­ contest with the Axis Powers if manage­ shall lead the blind, and they will both ests of all the people. · ment and labor and every representative fall in the ditch. The situation demands Ali of us now recognize, no matter of every other class in this country were that we recognize no allegiance except whether we are professional men or to say to Congress, "Pass a bill, not a bill the allegiance to America, and that re- workers in overalls. managers of busi­ that will be class legislation, not one that . quires in this hour unselfish leadership ness or union men, that we all belong will cut at the roots of any particular in our country. to one great family called the American, group, but one that will build America TRANl:)FER OF PHYSICAL FITNESS DIVI• and that our first allegiance is to the strong." Then we would have public SION TO FEDERAL SECURITY AGENCY Nation. We know that in the Axis na­ servants serving all the public-not seg­ Mr. BYRD. Mr. President, the Physi­ tions everything belongs to the state. ments, not classes-men with the vision cal Fitness Division of the Office of Civil- There are no labor unions there~ and of a united nation, one and inseparable. ian Defense-the Division which em­ the state owns the industries that for­ If we should find such a situation ployed Miss Mayris Chaney at a salary merly belonged to the people. when we come back here 2 weeks from of $4,600 to teach dancing as an integral We know that this condition was now there would be no question of our part of the preparations for national brought about because there were cer­ victory over the foreign aggressors. We defense-has been transferred to the tain planners, certain diabolical minds, · should be assured of overcoming the ag,.. Federal Security Agency. This transfer who applied to the national life-the life gressors; and, what is more, in the post­ was made because of the public protest of the people-the same rule that was war days we should not have to face against the Physical Fitness Division ·be­ applied in the conquering of other na­ internal squabbles. Let us think about ing a p~ut of the Office of Civilian De­ tions. The rule was divide and conquer. tomorrow. We should be free of' much fense. This is simply another run­ In these nations classes and groups were of our domestic differences, free, Mr. around, to which we are quite accustomed permitted to come into existence that President, of exploiters, loafers, betray­ in Washington; that is to say, w:hen an hated and despised and feared each ers, highjackers, corruptionists, selfish agency becomes discredited in one de­ other, and the planners fanned those men in every class. There would be no partment of Government, it is trans- · flames of hatred and fear so that there more opportunity for embryo Hitlers in ferred to another. In this instance, the was no cobesion in society. America to create class hatred and divi­ very funds· which wir be used to pay the Then the opportunity was present for sion among our people. We would ap­ expenses of this activity in the Federal the dictator mind to take over all groups preciate men who create wealth, men Security Agency will come, by diversion, and abolish all labor unions and destroy who know how to meet a pay roll, men from appropriations already made for all class distinctions, with the result that who can prodq.ce the stuff that America the Office of Civilian Defense. It seems, liberty and freedom, as we know it, was needs, as well as the man who labors therefore, that the activity will be con­ destroyed, and the rights of the indi­ with the sweat of his brow. What we tinued, and the cost of. it will be paid vidual in relation to property and the need is cooperation, a spirit of unionism from the funds already appropriated for education of youth and the right to labor between the man who manages and the national defense. were all obliterated. The mind of the man who labors; and here in this great The head of the Physical Fitness Divi­ nation was literally put in a straitjacket. Hall of Congress we should give that sion is Mr. Jack Kelly, of Philadelphia, Men's thoughts were regimented, and leadership, and not stand solely as spe­ who is a prominent poiitician of that those who revolted faced the concentra­ cial pleaders representing only one class, city. He is known as the National Co­ tion camp and the firing squ~d. one group. ordinator of Physical Fitness. I have If selfishness and fear were eliminated We represent 131,000,000 people­ already called the attention of the Sen­ the leaders in management, in labor, in those in overalls, those in white collars, ate to the fact that he has appointed farm groups, in government agencies, those on the farm and those in the fac­ 61 coordinators of different sports, rang­ and in war production would tell us that tories, those who labor and sweat with ing from badminton to weight-lifting. they would gladly forego their peacetime their brawn and those who labor and It seems to me, Mr. President, that the rights and privileges in order that Amer­ sweat with their brains. There would continuation of this agency of Govern­ ica might be preserved. They would tell be no opportunity for racketeers to grow ment, which has aroused such public re­ us that each group was going to clean to dictator's stature as they have in Eu­ sentment, should r~ left to Congress, and its own house. That is the point I make. rope, if ~elfishness were cast out. We that it should come before Congress for a There is no use in pretending that any would be free to turn all our etforts and direct appropriation for its continuance. individual or any group is all lily white, energies to making America strong a,nd Instead of doing so, it appears that it when we know what the facts are. We to bringing harmony to the war-torn, will be continued by Executive order and know what is going on in every State. tired, bleeding peoples of Europ~ and the by the transfer of funds from lump-sum We know what a few labor racketeers world when this war is over. We would appropriations. 3322 CONGRESSIONAL RECORD-SENATE APRIL 3 I ask unanimous consent to have sation, but the coordinators that you must This is but one instance of the com­ printed in the body of the RECORD, as a employ to coordinate this vast array of such mercializing that is a part of this pro­ coordinators will be costly, both in salaries gram of physical fitness, which has as its part of my remarl{S, a letter I have writ­ and traveling expenses. ten on this subject to the Honorable Paul With best wishes, I am, ultimate design a vast plan of regimenta­ V. McNutt, Administrator of the Federal Cordially yours, tion of the physical activities of the Security Agency. HARRY F. BYRD, American people. The PRESIDING OFFICER your and supplies, on the basis that bowling 3. To build up "team play" between agency. is an essential defense industry. worker and management. · 2. The activities to be performed by each All the letters were sent out under Gov­ 4. To cut was:te and increase actual pro­ employee and the background and experience ernment fran!{, at Government expense, duct~on. of each. and Mr. Will em signed the letters as 5. To enjoy a perfect "change of pace" . 3. A complete list of all coordinators as National Bowling Coordinator of the Di­ from the grind of increasingly long work appointed by National Coordinator Kelly, this vision of Physical Fitness of the Office of hours. list to include the actual appointments made Civilian Defense. 6. And any other benefits that have ac­ by Mr. Kelly and, then, a list of the local tually resulted from regular bowling partici­ coordinators as appointed by Mr. Kelly's I have already called attention to the pation by their employees. appointe,es. fact that Mr. Willem has been identified Almost every product used in the mainte­ Mr. Kelly, as .you are aware, as National · to me as an executive of the Stack-Globe nance of bowling equipment and supplies is Coordinator under the Office of Civilian De­ Advertising Agency, which handles the now on or soon will be placed on the re­ fense, appointed 61 coordinators of different account of the Brunswick-Balke-Collen­ stricted list of commodities for civilian use. sports from badminton to weight-lifting. der Co. I am informed that the Bruns­ Should this happen, pins, alley finishes, re­ ~. Will the Congress have an opp·ortunity pair parts, etc., would be "frozen" and bowl­ wick-Balke-Collender Co. holds a virtual ing's future will be seriously threatened. trJ approve or disapprove the establishment monopoly on the manufacture of bowling of chis organization by voting for or against Without these necessary maintenance sup­ appropriations for this purpose, or will your alleys, balls, and pins. So what Mr. Wil- · plies, there will be ·no b!:>wling as we know activities be financed exclusi\·ely by funds lem is doing in this instance is to use his it now. · transferred by the President from existing official position as National Coordinator It is up to you to help us continue to defense funds or existing lump-sum appro­ of Bowling, and by the use of the frank­ prove that bowling has a definite place in priat.\ons, and thereby deprive Congress of ing privilege of the G.wernment, to cre­ building up and safeguarding America's any opportunity to express itself either for ate sentiment so that the company which civllian morale and physical fitness. or against this new agency of Government is a client of his advertising agency can This you can do by securing the letters which, if carried to its conclusion as out­ for which we ask. lined./ by Mr. Kelly, will mean a gigantic plan be permitted to obtain supplies of essen­ Will you immediately assign men in your of regimentation for physical exercise and ti,al equipment, and enable the Stack­ leagues to get such letters of· endorsement recreation which, in the end, will be very Globe Advertising Agency to continue, I from offic ~ als of the companies represented costly to the Public Treasury. assume, to handle the advertising pro­ in your league? Please forward these letters It may. be true that the coordinators of gram of the Brunswick-Balke-Collender immediately. to, or have them addressed di­ sports and recreation do !'tot receive comp3n- Co. rectly and mailed to: Mr. Jack M. Willem, 1942 CONGRESSIONAL RECORD-SENATE 3323 National Bowling Coordinator, Physical Fit­ ment stationery and under Government. Every sports activity in the country, in­ ness Division, Office of Civilian Defense, 8 frank will do more to injure than to benefit cluding roller skating, owes a vote of thanlts South Michigan Avenue Chicago, Ill. this fine sport. to Senator HARRY F. BYRD, of Virginia, for With thousands of these letters, we can Yours very truly, uncovering this one. present bowling's worth as a necessary civilian JOHN F. MOLONEY, Apparently a group of smart politicians saw recreation to officials in Washington, who Secretary, Junior Chamber of an opportunity for some soft jobs at public must recognize, as does President Roosevelt, Commerce Bowling League. expense. That seems to, be the conclusion. that, in the President's own words, "(Ameri­ We were told at our January meeting that cans) • • • ought to have a chance our Government was greatly disturbed about for recreation and for taking their minds off OFFICE OF CIVILIAN DEFENSE, the lack of physical development of the aver­ their work, even more than ever before." DIVISION OF PHYSICAL FITNESS, age man called for war service; that people The physical fitness division of the Office of March 21, 1942. generally were to be urged to participate in Civilian Defense has approved bowling as one Mr. JoHN F. MoLoNEY, organized physical exercise; that the provi­ of the civilian "musts." Secretary, Junior Chamber of sion of such organized physical-exercise fa­ A Hale America Bowling Legion is now Commerce Bowling League, cilities was a direct contribution to the war being organized to enlist every bowler in a Memphis, Tenn. needs of our country; and that roller skating drive which will bring bowling's benefits to DEAR MR. MOLONEY: There seems to be was recognized as one of the desirable forms millions more who need recreation and relax­ quite a bit of confusion, due primarily to po­ of physical exercise. ation in their all-out civilian effort to back litical squabbles in Washington, and r~sult­ Nothing was disclosed about any elaborate up our armed forces. The aims of the Hale ingly prejudiced publicity about the place plan to regiment physical activity; of asking America Bowling Legion are: of bowling in the national defense pattern, our Government for an appro.priation of a and about the function of this office. million dollars for a staff of "coordinators" 1. To promote physical fitness. With regard to the latter, the writer was 2. To coordinate mind and muscle. for each sport activity, as bas since been appointed by the responsible parties in gov­ disclosed by Senator BYRD. 3. To strengthen morale. ernment to coordinate the activities of the 4. To extend recreation benefits. Pearl Harbor was fresh in om· mind. Every­ 5. To speed national-defense efforts through Nation's 16,000,000 bowlers and to direct these one was anxious to do everything within our individual fitness. activities into whatever channels might best power to help our country to win this war. be fitted to the Nation's war efforts. Just Naturally, that is our fu.:st objective today. 6. To prepare youth for armed defense. as you would respond quickly to your coun­ Your immediate and wholehearted cooper­ Of course, we "stuck our neck out." Who try's call for service in any capacity, so, too, wouldn't? The roller-rink operators at this ation is urged in getting to Mr. Will em as did I accept my responsibility. And my meeting prepared a letter and a pledge of many let ters from business and manufac~ur­ service is without compensation in any form. ing officials in your locality as you poss1bly cooperation to the "Hale America" Depart­ I am the first to recognize that nonessen­ ment of the Office of Civilian Defense and can. tials should be discarded in all-out war. But asked that it be sent to the national head­ Let's "keep 'em rolling" for victory-as before America's No. 1 participating sport is quarters. Of cour~e. we suggested to you and well as for vim, vigor, and vitality. relegated to the ash can, we must in all fair­ to other rink operators to volunteer your Yours truly, ness examine. the facts. This is a war of pro­ services to your own local civilian defense E. H. BAUMGARTEN, duction, a war which requires the active and committees. Secretary, American Bowling Cong_r~ss,· efficient service of 18 civilians on the home We can be thankful that our letter and Com·dinator, Men's Bowling Acttvzty, front for every man in uniform on the batt:e­ our pledge of cooperation was not even Office of Civilian Defense. field. Anything which increases production acknowledged by this "Hale America" outfit; helps to benefit that man in uniform and that we did not incur any publicity. brings the day of peace closer. We did express our appreciation to Senator MEMPHIS, TENN., March 20, 1942. Literally thousands of testimonial letters BYRD for . his disclosures, and have a very Mr. JAcK M. WILLEM, from industrial organizations--many engaged gracious acknowledgment from him. National Bowling Coordinator, in defense work-testify to the importance of WAR PROBLEMS Office of Civilian Defense, bowling leagues and team activity which has­ Chicago, Ill. brought about improved relations between Every American bas just one problem now, DEAR Sm: I have received your circular labor and management and a higher degree and that is to make his utmost contribution letter of March 14, asking that I secure letters of efficiency in production. In view of this to the war needs of his country. Until this from local business firms describing the bene­ evidence, bowling is not on the questionable is done, our privileges, our business, our fits of bowling to their employees, such let~ers grounds of morale or physical fitness but _on resources, and even our lives are in hock. to be used to convince Washington officials the firm foundation of production. These m­ Many will be called upon for personal serv­ that bowling equipment should continue to dustrialists--hard-headed ·businessmen-rec­ ice to the country, either in the military or be made available. Your letter has been dis­ ognize bowling in its practical sense, an ac­ the war-production departments. The rest cussed by the members of our league, and tivity available to persons of all ages, un?er must do all that can be done to preserve as while each of us derives a great deal of pleas­ all weather conditions, at its peak durmg much as possible the normal life of the ure and, we believe, benefit from bowling, we those months of the year when normal forms country. find it impossible to comply with ~our re­ of recreation are impossible. Some lines of business, such as automo­ quest. Yours very truly, bile sales agencies and gasoline stations, will Our league members are familiar with the JACK M. WI:bLEM, be greatly curtailed or temporarily wiped out. shortage of materials now affecting every National Bowling Coordinator. Other lines of business will prosper. This phase of American life. We know that the will be true of the public transportation com­ reason for that shortage is the absolute ne­ Mr. BYRD. I also ask unanimous panies and of practically every line of amuse­ cessity of providing our armed forces with consent to have printed, as a part of my ment. the weapons and machines they need to de­ remarks, a communication from the Roller skating has a grand opportunity to stroy an enemy who would otherwise destroy Roller Rink Safety League, of Rockford, advance itself and to be of service to the us. We believe that this need comes before country from a purely civilian standpoint. Dl. This business will have its problems, of bowling. There being no objection, the com­ A number of our league members have course, but they can be solved. joined the armed services: We do not believe munication was ordered to be printed in the RECORD, as follows: Mr. BYRD. Mr. President, I am just it would help their morale to know that in receipt of a copy of a letter which Mr. those of us who remain at home were bring­ ROLLER RINK SAFETY LEAGUE, ing pressure upon the Government so that Rockford, Ill., March 28, 1942. J. D. Rogers, vice president, Stonega we may "bowl as usual" while they die for Hen. HARRY F. BYRD, Coke & Coal Co., Big Stone Gap, Va., has lack of equipment. United States Senator from Virginia, written to the Under Secretary of the Some other members of opr league have Washington, D. C. Treasury, enclosing a voucher for $2,200, lost jobs and businesses because of the short­ DEAR SENATOR BYRD: You may be inter• which is a patriotic donation by 256 work­ age of vital materials. We doubt that these ested in the enclosed page of our last bulletin men at the Derby Colliery of the Stonega men would feel recompensed for this loss by with its comment on Hale America and as an Coke & Coal Co., near Big Stone Gap, Va., the fact that they can "bowl as usual." answer to your courtesy of March 19. to be used for the purpose of financing All our members are convinced of the im­ Cordially yours, national defense. portance of bowling, but we do not believe RUFUS M. FOSTER, that in times like these it is important ROLLER RINK SAFETY LEAGUE. This represents a donation to the enough to warrant the action you request. United States Treasury of an entire day's Most of us have endeavored to spread interest earnings. · I think this is a very patri­ ROLLER RINK SAFETY LEAGUE-BULLETIN otic and fine action on the part of the.<: 3 in bowling, but we believ~ that when every No. 7-MARCH 1942 dollar is needed for war it is quite inappro­ employees of the Stonega Coke & Coal priate to promote bowling at public expense. THE "HALE AMERICA" IDEA Co., and I ask unanimous· consent to have For this reason we feel that the circulation Many have asked about the "Hale America" the letter inserted in the body of the of bowling promotion material on Govern- physical-fitness program. RECORD as a part of my remarks. 3324 CONGRESSIONAL RECORD-SENATE APRIL 3 There being no objection, the letter a job write-up under which his successor I notice that you did not mention my re­ was ordered to be printed in the RECORD, would be qualified for the position. I ask quest for a copy of the register of eligibles for this position. Am I to understand that as follows: unanimous consent to insert in the REC­ compliance with this request is not author­ STONEGA COKE & COAL Co., INC., .ORD, at this point, as a part of my re­ ized? Big Stone Gap, Va., March 31, 1942. mar!~s. the correspondence between Mr. Very truly yours, Mr. D. W. BELL, Mitchell and myself which pertains to GEORGE D. AIKEN. Under Secretary of the Treasury, this case. _ Washington, D. C. There being I1o objection, the corre­ UNITED STATES DEAR Sm: On February 20 I wrote Sena­ spondence was ordered to be printed in tor HARRY F. BYRD requesting that he deter­ CIVIL SERVICE CoMMISSION, mine for me how money donated to the the RECORD, as follows: · washington, D. C. Government for national-defense purposes :M'".utcH 9, 1942. Hon. GEORGE D. AIKEN, should be handled; on February 24 Senator Mr. HARRY B. MITCHELL, United States Senate. BYRD wrote you regarding same, and on Chairman, United States Civil Service DEAR SENATOR AIKEN: In response to your February 27 you gave the information to Commission, Washington, D. C. letter of March 13, 1942, I am enclosing copy Senator BYRD which I now have before me: DEAR MR. MITCHELL: I WOUld appreciate it of a new job sheet, in accordance with which I am enclosing voucher for $2,200, dated very much if you will have sent to me a copy it is expected to fill the position formerly March 31, 1942, and made payable to the of the job write-up of work performed by held by Mr. John B. Reynolds of the Federal Treasurer of the United States. On this former assistant secretary of the Federal Communications Commission. voucher it is stated: Communications Commission, Mr. John B. The Federal Communications Commission Reynolds. I would also like to obtain a copy apparently wishes to fill that position by a "This voucher represents the donation of of the register of eligibles for this position. special assistant to the Commissioners. 1 day's pay by 256 men of Derby Local 6353, There have been rumors persistent that I must have overlooked your request for a ­ United Mine Workers of America, Derby Col­ efforts are being made to circumvent the copy of the register of eligibles for the posi­ liery of the Stonega Coke & Coal Co., Derby, civil-service rules by having the requirements tion in question or I would have explained Va., and a small donation made by the fit the applicant rather than the applicant that situation. It is impossible to say what Stonega Coke & Coal Co. This money is to fit the requirements in filling the vacancy to · register would be used until there is an agree~ be used by the Qovernment for national the position I mentioned above. I would ment on the duties of the position and that defense." appreciate your reply to this at your earliest point apparently has only now been settled. Two hundred fifty-six men at our -Derby convenience. The duties of the posit!on, as set forth in colliery donated their entire day's earnings Very sincerely yours, this job sheet, will now have to be compared to the United States Treasury, and made the GEORGE D. AIKEN. with the duties as set forth in announce­ request that the money be sent to the Treas­ ments of examinations held to obtain eligi­ urer of the United States to be used for na­ UNITED STATES CIVIL bles for filling positions with similar duties. tional defense; no specific item of defense The register that is most likely to be used was mentioned, therefore it can be used at SERVICE COMMISSION, Washington, D. C., March 12, 1942. is one resulting from an examination held the discretion of the Treasurer. for administrative and executive positions, We think this was a very fine gesture on Han. GEORGE D. AIKEN, United States Senate, and there are something like 6,000 names on the part of the men working at this colliery, that register. It is impossible to say, with­ and it would be very much appreciated if Washington, D. C. DEAR SENATOR AIKEN: Replying to your let­ out going through the register, whether there you could find time to reply to my letter are any persons who might meet the particu­ giving full credit to the spirit of the men ter of March 9, I am enclosing herewith copy . of a job write-up of work performed by for­ lar requirements as set forth in the job sheet. who made this gift possible. I wish very In the event no one was found on that much to communicate to them the contents mer assistant secretary of the Federal Com­ munications Commission, Mr. John B. Rey­ register, there are other registers we would of your letter. The name of the president have to go through to see if we could find of Derby Local 6353, United Mine Workers of nolds. With kindest personal regards, persons with these particular qualifications. America, is Mr. Tom Williams; the address is I trust this gives you the information de­ Derby, Va. Sincerely yours, HARRY B. MITCHELL, President. sired, but if there is anything further, please Thanking you for your cooperation, I am, write me again. J Yours very truly, ASSISTANT SECRETARY, CAF-13 Sincerely yours, J.D. RoGERS, Vice P1'esident. Assists the Secretary who is the chief HARRY B. MITCHELL, President. administrative officer of the Commission in EVASION OF CIVIL-SERVICE RULES the performance of the general duties of the SPECIAL ASSISTANT TO THE COMMISSIONERS Mr. AIKEN. Mr. President, some time Commission; plans, assigns, directs, and as­ Under the general direction of the Com­ sumes responsibilities for the administrative missioners and the secretary, to be responsi­ ago it was reported to me, as a member matters as delegated by the Commission; ble for the final preparation and presenta­ of the Committee on Civil Service, that supervises and directs the installation of tion of the Commission's budget estimates the high standards of our civil servicet office systems, methods, policies, and procedure to the Bureau of the Budget and the House are in serious danger. I have been told and correlates and coordinates the various ac­ Appropriations Committee; for acting as more than once that attempts are being tivities of the nommission; directs the prepa­ liaison officer between the Commission and made to place in responsible Government ration of e'!;timates and serves as budget offi­ the telephone, telegraph, and broadcasting positions those who normally could not cer of the Commission before the Bureau of companies, and administrative and legisla­ the Budget and various congressional appro­ tive bodies, State and Federal, on matters of and should not be certified for such priations committees; personnel officer of the procedure and findings, and with a view to positions. While I have not yet investi­ CommiESion, in which capacity prepares ascertaining and clarifying the nature of gated all the reports which have come to recommendations relative to the requirements specific complaints; deals on own initiative me, I have found time to ascertain the of and changes in personnel and as to their with public and interested parties; _attends facts concerning one complaint which efficiency and performance of work. Deals Commission meetings and acts as consultant was made directly to me. on own initiative with public and interested to the Commissioners in matters relating to parties and press; attends Commission meet­ Government procedure· and requirements, It was reported tome that the Federal ings and acts as consultant to the Commis­ particularly problems of communications, Communications Commission had re­ sioners in matters relating to Government and advises the Commission on all problems quested the Civil Service Commission to procedure and requirements, and in the ab­ arising from legislative proposals, and in the certify a man for a pnsition previously sence of the Secretary assumes his duties and absence of the secretary assumes his duties held by the Assistant Secretary. I was responsibilities as Acting Secretary. and responsibilities as acting secretary. Approved and allocated by Civil Service further advised that, inasmuch as the Mr. AIKEN. Mr. President, it appears one whom the Federal Communications Commission for former Assistant Secretary (Mr. Reynolds) February 1, 1937. to me that here is an instance of an at-_ Commission desired to hire could not pos­ tempted flagrant violation of the prin­ sibly qualify for the job, the qualifica­ MARCH 13, 1942. ciples of civil service for the purpose of tions were changed so that they might Mr. HARRY B. MITCHELL, putting into this $5,600 job a man who fit the man, rather than to require the President, CiviL Service Commission, could not qualify for it. II he were quali­ applicant for the job to fit the qualifica­ Washington, D. C. fied for the job, then, there would be no tions. DEAR MR. MITCHELL: Thank you very much need of changing-the job sheet. I requested the President of the Civil for the job write-up of work performed by The Civil Service Commission has not Service Commission, Mr. Harry B. Mit­ former assistant secretary of the Federal Communications Commission, Mr. John B. advised me whetper the new job write-up chell, to submit to me a copy of the job Reynolds. qualifies this man for the job. write-up of work performed by the for­ Now I would like to have you send me the I am not in any way criticizing the mer Assistant Secretary of the Federal job write-up of the new assistant secretary, Civil Service Commission. It was re­ Communications Commission, and also Mr. Edward Cooper. ported to me a short time' ago, from 1942 CONGRESSIONAL RECORD-SENATE 3325 another source, that the Civil Service paramount object in this struggle is to win Comptroller of the Currency has asked Commission finally refused to certify the war and save the freedom of America, and that a bill be passed which would au­ him for this job which would be held is not either to save or to d€st roy the New thorize the establishment of branch Deal or any other deal. under the new job write··Up. If we could win the war without destroying banl{s in military camps upon approval Furthermore, I want to make it plain the New Deal, we would do it; and if we could of the S::cretary of War or the Secretary that I am not criticizing the applicant win the war by destroying the New Deal, we of the Navy, as the case may be. The himself for the job. I know nothing would do it; and if we could win the war by Banking and Currency Committee has about him; I have heard that he is very destroying parts of the New Deal and saving unanimously reported such a bill. There capable in his own line of work, even other parts of the New Deal, we would also do is absolutely no opposltion to it. I have though he cannot qualify under the that. What we do about the New D£al we do taken it up with the minority leader and existing job sheet for this particular job. because we believe it helps to win the war, and what we forbear we forbear because we he is agreeable to the consideration and The fact remains however, that ac­ do not believe it would helYJ to win the war. passage of the measure. I am sure there cording to the job sheet, the Federal We shall do less whenever we shall believe will be no opposition to it, and, if there Communications Commission apparently what we are doing hurts the cause of the is any, I will withdraw my request for did request the qualifying of a lobbyist United Nations in the war, and we shall do its consideration. I therefore ask that at $5,600 a year. · more whenever we shall believe ·doing more the Senate proceed to the consideration As I stated, Mr. President, this is not w1ll help the cause of the United Nations in of Senate bill 1603, calendar No. 1272.' the only complaint which has come to the war. We shall try to correct errors when T'ne PRESIDING OFFiCER. The bill shown to be errors, and we shall adopt new me, but it i~ the only one into which I views as fast as they shall appear to be true will be read by title for the information have specifically inquired. I intend to views. of the Senate. follow up some of the others. I know We have here stated our purpose according The CHIEF .CLERK. A bill (S. 1603) to ·that in the case of some departments of to our view of our duty, and we intend no provide for the extension of banking the Government it may be necessary to modification of om; oft-expressed wish that facilities at military reservations and at deviate from strict rules, but I feel that all men everywhere shall be free, and that we navy yards and stations, and for other we should make every effort to see to it · in America shall return speedily to the en­ purposes. that the high plane or standard of our joyment of a free and representative govern­ ment deriving its just powers from the con­ The PRESIDING OFFICER. Is there civil-service system is not weakened or sent of the governed. objection to -the present consideration of lowered. There is plenty of work for the bill? everyone to do in this war effort. Now DEMOCRACY VERSUS SOCIALISM There b2ing no objection, the bill was is not the t jme, if ever there shall be a (S. DOC. NO. 196) considered, ordered to be engrossed for time, to hire lobbyists for Government Mr. SHIPSTEAD. Mr. President, the a third reading, read the third time, and commissions or to make Government question of shortages in important mate­ passed, as follows: jobs for those who cannot get them un­ rials has been brour;ht to the front in the Be it enacted, etc., That section 5155 of der the regular procedure. last few days, particularly in reference Revised Statutes of 1873, as amended (U. S. CLEARNESS AND SINGLENESS OF PUR.,. to the shortage of rubber and tin, in­ C., title 12, sec. 36; U.S. C., Supp. V, title 12, POSE-PARAPHRASE OF LINCOLN'S LET­ volving monopolistic practices of corpora­ sec. 36), be further amended by adding the following paragraph at the end thereof: TER TO GREELEY tions that have enjoyed monopolistic immunity. "Notwithstanding any provision of law to Mr. BURTON. Mr. President, before The disorder manifested in our eco­ the contrary, a national bank may, upon proceeding with the regular order of authorization of the Comptroller of the Cur­ nomic system is shown to be due largely rency and subject to such conditions and business of the Senate, I wish to read to monopolistic pr-actices of corporations limitations as he shall prescribe, provide into the RECORD at this point a statement operating in violation of our antitrust banking facilities at United States military which I think may be helpful with re­ laws. In my opinion, lack of prosecution reservations ·and navy yards and stations, gard to our singleness of purpose in the of these violations must be held respon­ but no such authorization shall become ef­ war at this time. sible for the chaotic condition of our fective or continue in effect except with the In 1862, \\-hen Horace Greeley wrote economy. On the 30th of last month consent of the Secretary of War or the Secre­ an editorial in the New York Tribune the Senator from Wyoming EMr. O'MA­ tary of the Navy, whichever has jurisdiction." raising doubt as to the clearness and HONEY] inserted in the RECORD some ex­ DEFENSE HOUSING AND PUBLIC WORKS singleness· of the purpose of President tracts from the final report of the Tem­ IN AND NEAR THE DISTRICT-cON­ Lincoln toward the war then in progress, porary National Economic Committee. FEREN9E REPORT Lincoln replied in a famous letter which The information contained therein is of has set the· pattern for any statement such importance that I think it should be Mr. TAFT (for Mr. ELLENDER) submit­ seeking to emphasize singleness and made available to as many of our popu­ ted the following conference report: clearness of purpose. lation in the United States as are inter­ The committee of conference on the d:s­ In recommending a policy for the pres­ ested in reading it. I think it should be agreelng votes of the two Houses on the ent war, therefore, I wrote a paraphrase published as a Senate document, and I amendments of the Senate to the bill (H. R. cf that letter, which I read on March 23 ask unanimous consent that the state­ 6483) to amend the act entitled "An &ct to in Cleveland, Ohio, and more recently in ment and extracts submitted. by the Sen­ expedite the provision of housing in coi1.n cc­ Portland, Maine. I believe its pattern of ator from Wyoming, and printed in the tion with national defense, and for ot.her thought is helpful, and therefore I pre­ RECORD on March 30, be printed as a purposes," approved October 14, 1940; as sent it here ·as a recommendation to all amended, having met, after full and free con­ Senate document. - ference, have agreed to recommend and do of us alike-Republicans, Democrats, in­ The PRESIDING OFFICER. Is there recomrr.end to their respective Houses as dependents, employees, employers, farm­ objection? The Chair hears none, and it follows: That the House recede from its dis­ ers, and all other American men and is so ordered. agreement to the amendment of the Ser.ate women, and every race, condition, and Mr. SHIPSTEAD. I ask to include in numbered 1, and agree to the same. creed. Lincoln's letter, paraphrased to my request for unanimous consent that Amendment Numbered 2: That the Heuse meet the condition of today, is as follows: the document be printed in the regular recede from its disagreement to the amend­ RECORD type. ment of the Senate numbered 2, and agree As to the policy we are pursuing we must to the same with an amendment, as follows: not leave anyone in doubt. The PRESIDING OFFICER. The In lieu of the matter propo~ ed to be insert ed We would win the war. We would win it Chair will state that is a matter which is by the Senate amendment inEert the follow- completely and in the shortest way. The governed by the regulations of the Joint ing: · sooner it is won the greater will be the op­ Committee on Printing. "TITLE IV portunity of America and of all humanity to resume the forward course of civilization. BANKING FACILITIES AT MILITARY "SEc. 401. (a) The sum of $30,000,000, to If thare be those who would not win the RESERVATIONS remain available until expended, is hereby war unless they could at the same time save authorized to be appropriated for the pur­ the New Deal, or any other deal, we do not Mr. BROWN. Mr. President, the mili­ pose of enabling the National Hou sing agree with them. If there be those who tary authorities have been somewhat Agency to provide housing in or near the would not win the war unless they could at disturbed about the lack of banking fa­ District of Columbia (including living quar­ the same time destroy tba New Deal, or any cilities in the larger military camps. ters for single persons and for families) for other deal, we do not agree with them. Our After some consultation with them the employees of the United States whose duties LXXXVIII--210 3326 CONGRESSIONAL RECORD-SENATE APRIL 3 are determined by the National Housing Ad­ "SEc. 404. As used in this Act the term tion. It had been expected that the leg­ ministrator to be essential to national defense 'Federal Works Administrator' or 'Adminis· islative appropriation bill would be con.:. and to require them to reside in or near the trator,' or 'Federal Works Agency' shall, with · sidered today, but, for reasons which did District of Columbia. respect to housing, be deemed to refer to the not appear on the surface, it seemed wise "(b) In providing the housing for which National Housing Administrator or the Na­ an appropriation is authorized by subsection tional Housing Agency, as the case may be. that it go over until Monday. I hope that (a) of this section, the National Housmg Such terms shall, with respect to public works the Committee on Appropriations, by Administrator is authorized to exercise all and equipment therefor, be deemed to refer Monday, will have reported the deficiency of the powers specified in subsections (a) to the Federal Works Administrator or the bill, carrying an appropriation of $18,- and (b) of section 1 of this Act, subject to Federal Works Agency, as the case may be." 000,000,000 or more, for aircraft and other the limitations upon exercise of such powers And the Senate agree to the same. matters pertaining to the war effort. specified in such subsections. ALLAN J. ELLENDER, I hope that Monday we may dispose of "(c) The funds authorized to be appro­ CLAUDE PEPPER, these two appropriation bills, and that priated by this section shall be available to DENNIS CHAVEZ, following that we may take a series of pay administrative expenses in connection ROBERT M. LA FOLLETTE, JR., 3-day recesses until the 20th of April, with providing the housing for which such ROBERT A. TAFT, funds are authorized to be appropriated, Managers on the part of the Senate. unless some emergency should call us "(d) The housing provided with funds au­ FRITZ G. LANHAM, together sooner. Unless the Members thorized to be appropriated by this section C. JASPER BELL, of the Senate receive word prior to the may be sold and disposed of as expeditiously PEHR G. HoLMES, 20th that their presence is needed, they as possible: Provided, That in disposing of Managers on the part of the House. may be at ease until .that date. said housing consideration shall be gi Vfln to I think there will be no objection to its full market value and said housing or any The report was agreed to. disposing of conference reports which . part thereof shall not, unless specifically au­ EXECUTIVE SESSION may be ready for consideration during thorized by Congress, be conveyed to any the recess. public or private agency organized for f'lum Mr. BARKLEY. I move that the Sen­ clearance or to provide subsidized housing ate proceed to consider executive busi­ Mr. REYNOLDS. As well as nomina­ for persons of low income. ness. tions? "SEc. 402. (a) The sum of $20,000,000, to The motion was agreed to; and the Mr. BARKLEY. And nominations; remain available until expended, is hereby Senate proceeded to the consideration of but, so far as I can say, no important authorized to be appropriated for the pur­ executive business. legislation will be considered. pose of enabling the Federal Works Admin­ Mr. REYNOLDS. I was particularly istrator to provide public works and equip­ EXECUTIVE MESSAGES REFERRED interested in nominations. ment therefor in and near the District of Mr. McKELLAR. If we are able to Columbia. Such public works may include, The PRESIDING OFFICER (Mr. but shall not be limited to, schools, water­ SPENCER in the chair) laid before the report from the Committee on Appropri­ works, sewers, public sanitary facilities, works Senate messages from the President of ations the large appropriation bill to for the treatment and purification of water, the United States submitting sundry which the Senator from Kentucky has hospitals and other places for the care of nominations, which were referred to the referred, and it should be passed Mon­ the sick, recreational facilities, streets, roads, appropriate comntittees. . day, it no doubt woUld have to go to facilities for the disposal of sewage, garbage, (For nontin:;ttions this day received, see conference. If any of us are to return and refuse, and other types of necessary :r;ub­ the end of Senate proceedings.) to our homes during the informal recess, lic works. we will have to get away within the next · "(b) In providing the public works and EXECUTIVE REPORTS OF A COMMITTEE few days, and I was wondering whether equipment therefor for which appropriations Mr. McKELLAR, from the Committee are authorized by subsection (a) of this sec­ we could not have a meeting on Tuesday, tion, the Federal Works Administrator is on Post Offices and Post Roads, reported for instance, in order to take up the con­ authorized to exercise all of the powers spe-· favorably the nominations of sundry ference report on the large appropriation cifled in subsections (a), ·(b), and (c) of sec­ postmasters. · bill. I am sure we could· get the bill tion 202 of this Act. Such public works and ARMY NOMINATIONS REPORTED-LEGIS­ through conference within a day, cer­ equipment therefor shall be provided subject LATIVE PROGRAM tainly within 2 days, and if we could have to the provisions of section 203 of this Act. a meeting on Tuesday, some of us on the "(c) The funds authorized to be appro­ Mr. REYNOLDS. Mr. President, from committee would be given an o:pportunity priated by this. section shall be available to the Committee on Military Affairs, I re­ to have a day or two at home. pay administrative expenses in connection port favorably sundry nominations, prac- Mr. BARKLEY. I appreciate the Sen­ with providing the public works and equip­ . tically all of which are routine. All these ment therefor for which such funds are au­ ator's suggestion, and I had it in mind. nominations were passed upon by a sub­ Assuming we pass the appropriation bill thorized to be appropriated. committee of our committee delegated "SEc. 403. (a) The Commissioners of the Monday and it shall go to conference, District of Columbia are authorized to ac­ to ascertain the merits or demerits of the there will be one or two controversial cept for the District of Columbia, and the officers concerned. matters which could be worked out, and Federal Works Administrator is authorized When I say the nontinations are rou­ my view is that when the conferees to make to the District of Columbia, advar.ce­ tine, I nray say there are two exceptions, agree o,n a report and it comes back to ments for the provision of public -works and one of them being in the case of the nom­ the two Houses, there will be no particu­ equipment therefor, such advancements to be ination of Brig. Gen. William Fletcher lar controversy over the report, and we deposited with the SBcretary of the Treasury Sharp, .now in the Philippines on to the credit of the District of Columbia. ntight adopt the conference report at active duty, to be major general, and the once. I am willing and glad to accom­ "(b) Sums advanced to the Commissioners other the nomination of Maj. Gen. James of the District of Columbia hereunder shall modate myself to the convenience of the be available for the provision, without refer­ Henry Burns to be chief of ordnance. Committee on Appropriations, and the ence to section 3709 of the Revised Statutes, Mr. BARKLEY. Does the Senator conference committee also so that we of any or all public works and equipment wish to obtain action on these nomina­ may dispose of the conference report at therefor described in section 402 hereof, and tions today? the very earliest possible date, even for administrative expenses in connection Mr. REYNOLDS. I should like to have though it may rEquire a meeting on Tues­ therewith, including employment of engi­ action on them today. neering and other professional services and day or Wednesday, in order that, if Sen­ other technical and administrative personnel Mr. BARKLEY. I suggest that after ators wish to do so, they may return to without reference to the civil-service require­ the call of the Executive Calendar the their homes for a few days, with the ments or the Classification Act of 1923, as Senator ask unanimous consent for the assurance that no important legislation amended. The repayment of any sums so consideration of the nominations. will be taken up without their being advanced and the payment of interest there­ Mr. REYNOLDS. Very well. I should given ample notice. on shall be in the same manner and sub.ect like to ask the Senator, while we are on Mr. McKELLAR. I hope that ar­ to the same conditions as are set forth in the subject of nominations, whether I rangement can be made. It will be sections 3 and 4 of the Act of December 20, am correct in understanding that be­ 1941 (Public Law Numbered 362, Seventy­ rather difficult to have· a quorum after seventh Congress). tween now and the 20th of April no busi­ Monday, I imagine. " (c) The Commissioners shall submit with ness. of any nature whatsoever will be Mr. BARKLEY. I appreciate that. their annual estimates to the Congress a re­ transacted. Mr. McKELLAR. At the same time, port of their activities and expenditures Mr. BARKLEY. Not quite that. I no doubt, With an appropriation bill such under this section. might make a s~~_te.r:n,en! in that connec: as the one to which reference has been 1942 CONGRESSIONAL RECORD-SENATE 3327 made, carrying so large an approprja­ would be unexpended as of June 30, 1942. The motion was agreed to; and

TO BE FIRST LIEUTENANTS, DENTAL CORPS Henry Lytton Flynn, Cavalry MARYLAND George Nicholas Schulte Robert Fee Hyatt, Field Artillery. Cecil E. Trinkaus, Oella. Edwin Howell Smith, Jr. Harold Marvin Rayner', Cavalry. PENNSYLVANIA Julius Calvin Sexson VETERlNARY CORPS Joseph F. Gallagher,_Olyphant. Frank Archer Mitchell To be captain APPOINTMENTS, BY TRANSFER, IN THE REGULAR Edward James Watson ARMY APPOINTMENT IN THE REGULAR ARMY TO ADJUTANT GENERAL'S DEPARTMENT To be first lieutenant, Medical Corps SENATE· Lt. Col. Perry Cole Ragan Willia_m Henry Anderson TO QUARTERMASTER CORPS MoN~AY, APRIL APPOINTMENTS, BY TRANSFER, IN THE REGULAR 6, 1942 First Lt. James Lee Massey ARMY . (Legislative day of MondaY, March 30, TO CORPS OF ENGINEERS TO FINANCE DEPARTMENT 1942) Lt. Col. Edward Marion George Maj. Robert Walter ~tika Lt. Col. Wallace Marmaduke Allison TO- CORPS OF ENGINEERS The Senate met at 12 o'clock noon, on TO ORDNANCE DEPARTMENT Lt. Col. Howard Burdette Nurse the expiration of the recess. First Lt. James Aloysius Cain, Jr. First Lt. Carl Morton Seiple ·The Reverend Theodore 0. Wedel, TO CHEMICAL WARFARE SERVICE First Lt. Charles Murray Henley canon, Washington Cathedral, offered First Lt. Ronald LeVerne Martin First Lt. Daniel Allen Richards the following prayer: TO AIR CORPS TO ORDNANCE DEPARTMENT Almighty God, who makest us glad Second Lt. James· Arthur Plant Capt. Alden-Pugh Taber with the yearly remembrance of the Second Lt. William Thomas Seawell First Lt. William Russell Huber Resurrection· of Thy Son, our Lord, and Second Lt. Howard Clarke ·Goodell TO INFANTRY who art ever ready to open the gate of Second Lt. Kenneth O'Reilly Dessert Lt. Col. Willard Stewart Paul Second Lt. Hume Pea· ody, Jr. eternal life, even here and now, to those Second Lt. Ben Isbel Mayo, Jr. TO AIR CORPS who yield themselves to Thy will and who Second Lt. ·.:tobert Merrill Tuttle Second Lt. Burton Curtis Andrus, Jr. worship Thy holy Name: Grant us a full Second Lt. John Langford Locke PROMOTIONS IN THE REGULAR ARMY measure of Easter joy; and may this Second ·Lt. Wayne Edgar Rhynard To be lieutenant colonels Easter message bring to all men of good Second Lt. Charles Edwin Jones Guy Lewis McNeil, Air Corps. will throughout the world a new courage Second Lt. John Miles Henschke and a fresh hope. As the disciples on Second Lt. David Ernest Kunkel, Jr. Landon Johnson Lockett, Infantry. Second Lt. Clarence Lewis Elder Columbus Bierce Lenow, Finance Depart- the Resurrection morn were astonished Second Lt. Robert James Colleran ment. and turned from hopelessness to daunt­ Second Lt. :'<'loyd Sturdevan Cofer, Jr. Charles Henry Calais, Infantry. less faith, so may all who revere Thee Second Lt. Willis Bruner Sawyer William Thomas Johnson. Finance De- today receive the grace of Eastertide in Second Lt. John Adams Brooks 3d partment. their hearts. Clarence Prescott Talbot, Air Corps. Second Lt. Clifford Elbert Cole. Give to our Nation a renewed vision of Second Lt. Eric Thomas de Jonckheere Charles Deans Calley, Field Artillery. _ Alfred i..iJjevalch Jewett, ·Air Corps. the glory of its high calling-to do justly Second Lt. William LeRoy M~tchell , Jr. Second Lt. Leon Herman Berger Loyd Daniel Bunting, Infantry. and to love mercy and to walk humbly Second Lt. George Hamilton Stillson, Jr. Elam LaFayette Stewart, Quartermaster before Thee. Let the joy of hope and Second Lt. Edwin Watson Brown Corps. -· the courage of godly faith spring up anew Second Lt. Paul Rutherford Larson Louie Clifford Mallory, Air Corps. among our people that we may rejoice in Second Lt. Herbert Welcome Frawley, Jr. _ Bob Childs, Infantry. Lewis Selwyn Webster, Air Corps. Thy presence as sons and daughters of Sacond Lt. Jack Leith Bentley the morning. We ask it through Jesus Second Lt. Andrew Julius Evans, Jr. Virgil Grover Allen, Infantry. Second Lt. Robert William Horn William Edward Smith, Quartermaster Christ, our Lord. Amen. Corps. - Second Lt. Walter Leon Moore, Jr. THE JOURNAL Second Lt. Richard William Kline William Andrew Smith, Quartermaster Second Lt. Paul James O'Brien Corps. _ On request of Mr. BARKLEY, and by Second Lt. Thomas.Rees Cramer Roy William Camblin, Air Corps. unanimous _consent, the reading of the Second Lt. William Wallace Brier 4th Ray Eric Cavenee, Infantry. Journal of the proceedings of the calen­ Second Lt. Clinton Field Ball Wade Darragh Killen, Infa_ntry. dar day Friday, April 3, 1942, was dis­ Second Lt. Rob Reed McNagny, Jr. Andrew Jackson Schriver, Jr., Infantry. :r;Jensed with, and the Journal was ap­ Second Lt. Fred Miles Hampton Frank James Lawrence, Infantry. Second J,t . Charles Love Mullins Dorrance Scott. Roysdon, Infantry. proved. Second Lt. Charles Sumner Seamans 3d Hyatt Floyd Newell, Infantry. MESSAGES FROM THE PRESIDENT Second Lt. James Henderson Dienelt John Easton McCammon, Infantry. Second Lt. Gwynne Sutherland Curtis, Jr. Jules Verne Sims, Infantry. Messages in writing from the Presi­ Second Lt. Horace Grattan Foster, Jr. Charles Carlton, Infantry. dent of the United States submitting Second Lt. John William Meador MEDICAL CORPS nominations were communicated to the Second Lt. George Scratchley Brown To be captainl Senate by Mr. Miller, one of his secre­ Second Lt. Richards Abner Aldridge taries. Second Lt. Joseph John Weidner Frederick Clay Weekley Second Lt. George Luther Hicks 3d George N. Schuhmann EXECUTIVE COMMUNICATIONS, ETC. Second Lt. Edison Kermit Walters DENTAL CORPS . The VICE PRESIDENT laid before the Second Lt. Maxwell Weston Sullivan, Jr. . To be captain Senate the following letters, which were Second Lt. Charles Fuller Matheson Elbert LaFayette Fenske referred as indicated: Second Lt. Thomas Goldsborough Corbin Second Lt. Harry Canavan Harvey VETERINARY CORPS REPORT OF THE EXCHANGE STABILIZATION FUND Second Lt. Roderic Dhu O'Connor To be major A letter from the Secretary of the Treasury Second Lt. Edgar Mathews Sliney Ralph William Mohri transmitting, pursuant to law, the annual Second Lt. Charles Edwin Thomas 3d report for the fiscal year ended June 30, 1941, Second Lt. Edwin Forrest Harding, Jr. TEMPORARY APPOINTMENTS IN THE ARMY OF THE UNITED STATES of the Exchange Stabilization Fund created Second Lt. Jean Albert Jack in accordance with law, including a summary TO BE MAJOR GENERALS PROMOTIONS IN THE REGULAR ARMY of the operations of the fund from its estab­ Levin Hicks Campbell, Jr. lishment to June 30, 1941 (with an ac­ To b•e colonels William Fletcher Sharp companying report) ; to the Committee on Harry Albert Flint, Cavalry. POSTMASTERS Banking and Currency. Walter Melville Robertson, Infantry. John Henry Lindt, Coast Artillery Corps. CALIFORNIA RELIEF OF PRESENT AND FORMER POSTMASTERS Pearl Lee Thomas, Cavalry. Walter D. Cannon, Campo. AND ACTING POSTMASTERS Sidney Vincent Bingham, Cavalry. Charles M. Rice, Hamilton City. A letter from the Postmaster General trans­ Bird . Spencer DuBois, Coast Artillery Emelia S. Schutt, Lafayette. mitting a draft of proposed legislation to Corps. Ernest Lavagnino, San ~ Juan Bautista. amend "An act for the relief of present and Isaac Spalding, Field Artillery. Floyd M. Filson, T:mnant. former postmasters and acting postmasters, Harry Jam€s Malony, Field Artillery. Benjamin H. Steeg, Twentynine Palms. and !or other purposes," to permit payment