Congressional Record-House House Of

1935 CONGRESSIONAL RECORD-HOUSE 2029

MISSISSIPPI dom in all our deliberations of this day. May we ever lean Malcolm E. Wilson, Marks. on Thy strong arm and keep so close to Thee that we shall Henry W. Mangum, Mendenhall. feel the pulsations of Thy great heart of love. Bless our Singleton C. Tanner, Mize. President, our beloved Speaker of this House of Representa Olive Alexander, Rolling Fork. tives, and every Member thereof, and may our one great desire be to render Thee such service, in both national and MISSOURI private life, that when the great day of reckoning comes we Giles K. Hunt, Arcadia: may hear Thy Son say, "Come ye blessed of my Father, Ezra W. Mott, Armstrong. inherit the kingdom prepared for you from the foundation Samuel S. Harrison, Auxvasse. of the world." In Jesus' name we a.skit. Amen. Reece G. Allen, Benton. Herman C. W. Strothmann, Berger. The Journal of the proceedings of yesterday was read and John H. Essman, Bourbon. approved. Fred R. Morrow, Bufialo. ADJOURNMENT OVER Angie B. Messbarger, Burlington Junction. Mr. TAYLOR of Colorado. Mr. Speaker, I ask unanimous Frank F. Page, Canton. consent that when the House adjourns today it adjourn to George K. Spalding, Chesterfield. meet on Monday next at noon. Melville C. Shores, Clark. The SPEAKER. Is there objection to the request of the Allen W. Sapp, Columbia. gentleman from Colorado? · Harold H. Cash, Curryville. There was no objection. George W. Shelton, Dixon. INTERSTATE AND FOREIGN COMMERCE IN PETROLEUM Charles Shumate, Edina. Mr. DIES, from the Committee on Rules, submitted the Vernon D. Washington, Eldorado Springs. following privileged report United States as we have now. I do not believe, Mr. The SPEAKER. Is there objection to the request of the Speaker, nor can I convince myself, that it is the Democratic gentleman from Kansas? State chairman who in his heart desires this obnoxious Mr. TAYLOR of Colorado. Reserving the right to object, litigation. I believe he is a subject of the lash of the press, upon what subject? and fears that in future campaigns, unless he complies with Mr. GUYER. I have been requested to speak upon the the press's wishes, he will not have the aid of the press. birthday of Susan B. Anthony. Mr. Speaker, the press has arisen in the city of Pittsburgh The SPEAKER. Is there objection to the request of the as a new political boss and tyrant, a hidden dictator, who for gentleman from Kansas? the last 15 years has made it a point to crush every man in There was no objection. political office unless that officeholder bows to the withering The SPEAKER. Under the previous order of the House, la.sh of their editorials. It was the same Pittsburgh press that forced the present State chairman to take off the suc the gentleman from Pennsylvania [Mr. MORITZ] is recognized for 10 minutes. cessful Democratic candidate for council and make room for Mr. MORITZ. Ml._ Speaker, I appreciate the time given the coldest reactionary Republican, who was also counsel for to me to address this House. I rise in protest against the the traction board. obnoxious practice of ripping a man elected by the people What is the traction boai·d? It is a board composed of five out of office by a legislative act, particularly so when the members. The chairman receives $12,000 a year and the members of the legislature for the most part are not even others $5,000. For doing what? For drawing their breath voters in the district wherein the executive resides. and nothing else. There is supposed to be an arbitration This, Mr. Speaker, is the present crisis in the legislature between the city of Pittsburgh and the street-car company. convened in Harrisburg. In all seriousness, it is most un But they do nothing. This man who was made councilman democratic, and the consequences of this act will have its was counsel for that traction board. adverse effect in Pennsylvania, which is truly the Keystone It was this act that caused the city council to be without a State of the Union, and is now the Keystone State for the· Democratic majority and so tie the hands of the Democratic Democratic Party. mayor. If this bill, which was presented Monday in the lower house Pittsburgh is dominated by three capitalistic chain news of legislature, is passed and signed by the present Democratic papers, namely, the Hearst, Scripps-Howard, and Paul Bloch, Governor, it will mean that the Democratic Party will have and has no local-owned newspaper. all its gains wiped away with one stroke of the pen. Every public official in the last 15 years, such as the former The people of Pennsylvania, even though they refuse to district attorney and the present district attorney and the again adhere to Republican leadership, will seek leadership present county commissioners, had to go through severe and in a new pa1ty. The people of Pennsylvania, as the late continuous denunciations, but these officials quieted the Senator La Follette, Sr., so well expressed it during his cam newspapers by putting on their pay rolls newspaper men. paign for the Presidency, are aroused; they will not be The present mayor would not do this, and the more they coerced or huddled together like sheep and have a political raged the more he made monkeys of them. This abominable party vote for them, no matter what the name of this party practice of the editorial writers, who will not accept a chal may be. lenge to debate in the open, but who persist in low-sharked The Democratic legislators of Allegheny County met in a snipe shooting from behind closed doors should cease. It is ' caucus, half of whom do not live in Pittsburgh, last Sunday. simply using power in a perverted manner, and racketeering This meeting was presided over by the Democratic State in a new form. chairman, and the members voted 26 to 2 to uphold the bill Most all candidates are fearful of attacking these capital which would in e:ff ect rip the mayor out of office, with no istic monsters, who get bolder and bolder, and we underlings chance of defense and no chance of a man having his day in must bow our heads to seek dishonorable graves. court. I realize, Mr. Speaker, that our Constitution, and rightfully Mr. HOEPPEL. Will the gentleman yield? so, gives all of us free speech, but there ought to be for Mr. MORITZ. I yield. mulated by the United States a board of commissioners to Mr. HOEPPEL. I recognize that an honest public official hear complaints about the press, and to whom any citizen is under coercion from political groups, but I suggest that the could appeal for fair play. State of Pennsylvania initiate the recall and referendum Our fathers, the founders of our Constitution, did not nor rather than to permit corrupt political ieaders to hold a club could they foresee that free speech would be monopolized by over the head of an honest official. a syndicate of huge capitalistic papers. Mr. MORITZ. The gentleman from California is correct, If the Democratic leaders and ward heelers succeed in but Pennsylvania is not that far advanced. their nefarious schemes of ripping Mayor William N. Mc Mr. RICH. Will the gentleman yield? Nair out of office, it will again prove the truth of the old Mr. MORITZ. Not just now. adage that the misguided people stone their prophets. T!l~ This, I submit to you, is not democracy but is autocracy. newspapers of the Civil War era vilified and vituperated They would do this to a Democratic mayor, the first Pitts Lincoln in a manner that would shock even the y.;;llow burgh has had in 30 years, and a man who has carried the journalism of today. President Johnson was nearly L.'n banner for democracy for the last ~·5 years in Pittsburgh, peached merely on newspaper lies and misrepresentations. sometimes the only person willing to be a candidate on the The parallel between these two historic cases and that of Democratic ticket in the hopeless battles against overwhelm McNair is striking indeed. ing Republican majorities. They would do this to this man, Mayor McNair has succeeded, from the beginning of his who was a candidate for United States Senator against term, in giving the people of Pittsburgh a sincere, honest, ex-Senator Reed, and obtained more than a million votes. and efficient municipal government, free from racketeer Th.is was during the Presidential campaign of Alfred E. graft and political corruption. He has attempted to insti-' Smith. They would do this to this man, who consented to be tute many important changes in local government, which, if campaign manager for the present State chairman when he carried out, would exert a marked tendency toward conect was candidate for county commissioner. Oh, then, it was ing ·social and economic abuses and ameliorating the worst quite opportune for the present Democratic State chairman aspects of the old system. 1935 .CONGRESSIONAL RECORD-HOUSE 2031 The mayor, who is college trained in law, economics, poli and fifteenth anniversary of the birth of Susan B. Anthony tics, and municipal administration, and an authority on which occurs today, the birthday of one of the most remark matters pertaining to taxation, has brought about the fol able leaders among the women of the earth. By reason of lowing reforms since his election to office: (1) He has freed many crowding duties and lack of adequate time it became the pay roll from coercion of any sort; (2) he has as an utter impossibility for me to attempt the preparation of sured the poor underdog of justice in the police courts; such an address as the subject justified, so I compromised (3) he has granted independence to heads of departments; with those who invited me to utter a few faltering words of (4) he has devised a more efficient system of tax-delin appreciation of this remarkable woman today and upon an quency collection, which will force large property owners to other occasion will attempt an adequate tribute to the life, pay their share of real-estate taxes more promptly; (5) he character, and almost superhuman achievements of this gi-eat has refused certain people, who believe that they had a jure personality. divino, or divine right, to hog all the insurance and bond So today I shall only briefly express my admiration of and premiums, the right to collect these bonds and insurance gratitude to this great benefactress not only of the members premiums; (6) he interviews on equal terms every class of of her own sex but to the whole Nation. The mighty revolu citizens who wish to interview him. tion which she above all others led can be visualized when I But most important of all are his tax reforms, which, if tell you that in my brief lifetime, Susan B. Anthony was put into operation, would reduce the taxes of the small arrested, tried, and found guilty of conspiring against the home owners from 40 to 50 percent of the amount they peace and dignity of the United States by merely attempt are now forced to pay. ing to vote under the authority of the fourteenth amend Mr. RICH. Will the gentleman yield? ment. History has made a huge joke of that trial with its Mr. MORITZ. I yield. man-directed verdict. Since her death less than a third of a Mr. RICH. I do not quite understand why my colleagues century has fallen back into the abyss of the past, yet at this should fear the Legislature of Pennsylvania when it is a time we men do not even arrest women for running for Con bemocratic legislature in the lower house, and the Governor gress, however much some of their rivals might wish to. is also a Democrat. On another occasion I shall ref er to the great influence her Mr. MORITZ. I want to say to my colleagues on that side family exerted on the history of Kansas. One brother was of the House that if Mr. McNair is not shoved out, it will Governor of Kansas and another an editor who made and be due to the good sense of the Republican senators. unmade governors. The Anthonys were pioneers. Susan B. Mr. LEMKE. Mr. Speaker, will the gentleman yield? Anthony was one of the greatest pioneers of history. Her Mr. MORITZ. I yield. nephew for a score of years was a Member of this House, Mr. LEMKE. Is it not a fa·d that Mayor McNair is where he raveled out his life like a prodigal spendthrift in known throughout the Natior.1 as one of the most public the service of his country, dying a young man, a victim of the spirited men in this Nation, and that his trouble comes be exacting duties of this body. His gentle memory lingers with cause he has equalized the tax burdens in the city of Pitts many who served with him. burgh? Miss Anthony possessed so many unusual qualities that Mr. MORITZ. That is right. No better man exists; and, they crowd the mind when one thinks of her. A will as stub Mr. Speaker, referring to the charges of the terrible Pitts born as twisted steel. A soul that was sensitive to every burgh newspapers, I never read an editorial denouncing the injustice and every tyranny either of mind or body. A high public-utilities rates they have in Pittsburgh. We have determination that scorned denial. A self-confidence that in Pittsburgh a street-car company owned by 62 subsidiaries, acknowledged no defeat. A courage that counted no cost~ and a person has to pay 8.3 cents for one fare. We have but no odds. A creed that acknowledged responsibility only to one taxicab company in Pittsburgh, the Parmalee Cab, and her conscience and her God. one has to pay 65 cents to go only a mile. The telephone With these qualities and characteristics and her indomi rates there are the same now as they were in 1929. The gas table will she marched triumphant-the Jeanne d'Arc of the and light companies are all owned by big utility companies. New World and the nineteenth century. To such transcend Not once do these papers have anything to say in their edi ent qualities the world rendered its tribute and her own torials about these companies decreasing their rates. country surrendered to her resistless and persistent power Mr. HOEPPEL. Mr. Speaker, will the gentleman yield and forged her will into the Constitution of the United further? States. [Applause.] Mr. MORITZ. I yield. Mr. HOEPPEL. I may say to the gentleman from Penn PRIVATE CALENDER sylvania that I think it is almost impossible to find a news The SPEAKER. Under the special order the Clerk will paper which will criticize any institution or business which call the Private Calendar. rings the cash register for them. You will not find any SOPHIE DE SOTA editorials in newspapers criticizing chain stores, for the chain stores are their best advertisers; and, since the gentleman The Clerk called the first bill on the Private Calendar, has mentioned chain stores in his speech, I should like- to H. R. 330, for the relief of Sophie de Sota. make the remark that our President has elected to spend There being no objection, the Clerk read the bill, as $4,000,000,000 or $5,000,000,000 through the president of the follows: largest chain-store organization in the United States. Be it enacted, etc., That the Secretary of the Treasury be, and Mr. MORITZ. Which one is that? he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Sophie de Sota, Mr. HOEPPEL. Mr. Wood, president of Sears, Roebuck widow of Hernando de Sota, late American consul at Leipzig, ~ Co. He is going to spend all our money. Germany, the sum of $6,000, equal to 1 year's salary of her deceased Mr. MORITZ. The gentleman is right; no newspaper will husband. attack advertisers who pay big prices. They are just as With the fallowing committee amendments: much a big utility as any of them. Not once do they have Page l, line 4, after the word "pay'', strike out "out of any anything to say in their editorials for the common person. money in the Treasury not otherwise appropriated, to." This, Mr. Speaker, concludes my speech. I am grateful Page 1, line 8, after the word "husband", add the following: · for the opportunity that has been afforded me to talk on " who died of illness incurred while in the Consular Service; and something of interest to every fair-minded man. [Ap there is hereby authorized to be appropriated, out of any money plause.] in the Treasury not otherwise appropriated, a sufficient sum to [Here the gavel fell.] carry out the purpose of this act." The SPEAKER. The Chair at this time recognizes the The committee amendments were agreed to. gentleman from Kansas [Mr. GUYER] for 10 minutes. The bill was ordered to be engrossed and read a third Mr. GUYER. Mr. Speaker, several days ago I was honored time, was read the third time, and passed, and a motion to by a request to speak before the House on the one hundred reconsider was laid on the table. 2032 CONGRESSIONAL RECORD-HOUSE FEBRUARX _l _Q DEE ERICK TREAT The Clerk read the bill, as follows: The Clerk called the next bill, H. R. 2569, for the relief of Be it enacted, etc., That the Secretary of the Treasury be, and Dee Erick Treat. he is hereby, authorized and directed to pay, out of any money The SPEAKER. Is there objection to the present con in the Treasury not otherwise appropriated. to Dee Erick Treat the sum of $876. Such sum shall be in full settlement of all sideration of the bill? claims against the United States on account of the damages sus.. Mr. HANCOCK of New York. Mr. Speaker, reserving the tained by the late R. A. Wallace Treat, former American consul at right to object, is it the policy of the Foreign Relations Com Smyrna:, and the brother of the said Dee Erick Treat, as a result mittee to reimburse all foreign officers for personal losses? of fire m the consulate of Smyrna on March 23, 1923. It has been my observation that sometimes these losses ar~ With the following committee amendments: taken care of and sometimes they are not, depending on the Page 1, line 5, strike out "Dee Erick Treat" and insert tn lieu temper of the committee or the Members of the House who thereof "the estate of R. A. Wallace Treat"; and in line 9 after the word "Smyrna", strike out .. and the brother of the said Dee happen to examine these bills. Erick Treat." As I understand it, this claimant was serving for the State Department abroad. A fire took place and some of The committee amendments were agreed to. his personal belongings were destroyed. It seems to me we The bill was ordered to be engrossed and read a third time, ought to have a general policy with reference to these mat was read the third time, and passed, and a motion to recon ters. All of our foreign officers should be reimbursed for. sider was la:id on the table. losses of this kind, or else none of them should be. May The title was amended to read as follows: "A bill for the I ask the Chairman of the Foreign Relations Committee if relief of the estate of R. A. Wallace Treat." a definite policy has been established? ANNA S. CARRIGAN Mr. McREYNOLDS. It has been a definite policy to pay The Clerk called the next bill, H. R. 3373, for the relief all of them. The reason this claimant was not included in of Anna S. Carrigan. the omnibus bill is on account of a death and the amount There being no objection, the Clerk read the bill. as fol had to be made payable to the estate. We had to find out lows: to whom to make payment and in the meantime the other B~ it enacted, etc., That the Secretary of the Treasury be, and claimants had come in, as I remember, under the omnibus he IS hereby, authorized and directed to pay Anna S. Carrigan, bill. widow of Clarence Carrigan, late American consul a.t Montevideo, Mr. HANCOCK of New York. Is it the policy of the Uruguay, the sum of $7,000, being 1 year's salary of her deceased husband, who died of 11lness incurred while in the Consular Foreign Relations Committee to reimburse foreign officers Service; and there is hereby authorized to be appropriated, out.of for all losses? any money in the Treasury not otherwise appropriated, a. sufficient Mr. McREYNOLDS. It has been up to this time. sum to carry out the purpose of this act. Mr. HANCOCK of New York. Regardless of the cause of The bill was ordered to be engrossed and read a third time, the loss? was read the third time, and passed, and a motion to recon Mr. McREYNOLDS. It depends upon what is actually sider was laid on the table. necessary for them to have in the service. We. do not allow them any more. LAKE B. MORRISON Mr. HANCOCK of New York. There is no rule or regula The Clerk called the next bill, H. R. 617, to correct the tion in the Department on the subject? military record of Lake B. Morrison. Mr. McREYNOLDS. No; .except the custom has been es Mr. TRUAX, Mr. Speaker, reserving the right to object, tablished by the committee and approved by the House that as I understand this bill it seeks to correct the military he shall be reimbursed only for the actual things that he status of a Civil War veteran. May I ask the author of the should have in serving that particular post. bill whether the War Department submitted a favorable Mr. HANCOCK of New York. Should there not be some report? legislation on the subject? Mr. LUDLOW. The War Department has done in this Mr. McREYNOLDS. I have had this matter up with the case as it has in all other similar cases. Of course, it can State Department heretofore, but the committee has reached not make recommendations. It is bound by fixed rules and no conclusion. I think the gentleman is right about that, regulations which prevent that. May I say that if there and something ought to be determined on. ever was a meritorious case where the record should be Mr. HANCOCK of New York. Mr. Speaker, I shall not corrected this is the case. This bill has been reported by object. three successive committees unanimously and has passed Mr. McREYNOLDS. The reason this claimant was not the House of Representatives. included in the omnibus bill was on account of a death. May I also say in reference to this matter that it is a very Mr. KNIFFIN. Mr. Speaker, this bill grows out of a claim, peculiar case and there is perhaps nothing like it in all of as stated by the gentleman, on account of certain losses. the annals of legislation. This individual was a boy 17 years The claim originally was for ai much larger sum, but the old a.t the time he volunteered. He was so eager to serve Audit Bureau of the State Department reduced it to $876. his country that he falsified his age to enlist. He had such In that connection may I say it was found that the personal an· ambition t.o serve that he took upon himself the task of property destroyed. and which was lost, was found to be licking the Confederacy single handed. He absolutely did reasonable for the claimant to haive under the circumstances. not know the meaning of the word" fear." He went out into The delay, as the gentleman from Tennessee, the distin all sorts of exposures and dangers over the ramparts and so guished chairman of the committee, stated, was occasioned constantly jeopardized his own life that his commanding because of the death of an administrator. The Department officer, believing that he certainly would be killed if he re of State later recommended that the bill be amended in m~ined with the command, ordered him home under the order to be made payable to the estate. penalty of being shot if he did not go home and stay home, Mr. HANCOCK of New York. The gentleman is a mem This is all amazing, but true. This is all testified to in the ber of the Naval Affairs Committee and doubtless recalls a affidavits set forth. It was not his fault he was not allowed number of cases where similar claims of officers of the Navy to serve, because he was anxious and willing to serve. were rejected. Mr. TRUAX. Does not the gentleman think it is going Mr. KNIFFIN. I conc1.Il" with the view expressed by the back a long way, 73 years, to correct a military status? Does gentleman that there should be ai definite policy established. the gentleman know that the President during the last ses .. Mr. HANCOCK of New York. This is a splendid example sion of Congress vetoed practically all such bills that were of the unsatisfactory system under which we are working taken up on the Private Calendar and passed? so far as the Private Calendar is concerned. Mr. LUDLOW. I may say to the gentleman I do not think The SPEAKER. Is there objection? the President ever vetoed a bill like this, because this measure There was no objection. has no analogy in history. Nothing like this ever happened 1935 · .CONGRESSIONAL RECORD-HOUSE 2033 before, and the bill is of great interest to veterans not only this bill on Monday under suspension of the rules? Monday in Indiana but all over the country because of its peculiar is suspension day, and I see no reason for reporting the bill nature. The veterans, not only of Indiana but of the entire before then if it is not to be called up on that date. country, are watching this bill. and they are deeply inter Mr. STEAGALL. Oh, no. ested in .it. They want this bill passed as a measure of sheer Mr. COCHRAN. Are we going to have an opportunity justice. to consider this bill under the general rules of the House, Mr. TRUAX. The bill is a basis for securing a pension for and offer amendments to it? dependents, is it not? Mr. STEAGALL. So far as I am concerned, the House Mr. LUDLOW. The veteran is dead. He has a widow will have that opportunity. I think the Members of the who is 67 years old, and if his record is corrected, as undoubt House should have that opportunity. edly it should be, of course his widow will be in position at Mr. COCHRAN. I want to thank the gentleman, because least to apply for a pension. The primary purpose of the I do not think his committee is going far enough in simply bill, however, is to remove the stigma of desertion from a authorizing the issuance of $1,500,000,000 of additional man who was not a slacker or a deserter, but a hero. Now bonds. That is not going to be sufficient, and I feel I can that he is dead we owe it to his memory to pass this very convince the House it is not. just bill. Mr. STEAGALL. I can only speak for myself; but I will Mr. TRUAX. I would say to the gentleman that the Pen say to the gentleman that the bill is of such importance I sions Committee, of which I am a member, is now seeking think it should be considered in the House with full oppor to get up a number of bills that are meritorious and will tunity for discussion and amendment. meet the approval of the administration before they are Mr. COCHRAN. The gentleman from Alabama has a recommended for passage. I believe some such procedure great deal of influence, and I hope he will give us an oppor should be followed with respect to these bills which seek to tunity to consider this bill under the general rules of the correct the military status of Civil War veterans. House and to off er amendments to it. Mr. LUDLOW. I appreciate the vigilance of the gentle Mr. STEAGALL. That will be done so far as I am con man in guarding these bills, and I am sure they ought to cerned. t-e guarded; but in view of the exceptional nature of the bill Mr. COCHRAN. I am pleased to hear the gentleman and the fact it has been passed upon unanimously by three make that statement. committees- Mr. BLANTON. Mr. Speaker, I reserve the right to ob Mr. TRUAX. What committees? ject to ask a question. May I ask our friend from Alabama Mr. LUDLOW. Committees in three different Congresses; whether he is going to provide in this bill for a proper new and the fact it passed this House at one time, I hope the board to take the place of Mr. Fahey and his bunch of arro gentleman will not object. gants down there who have been inefficiently mismanaging Mr. TRUAX. Mr. Speaker, I ask unanimous consent that this business for so long? If he does this, I think we will this bill be passed over without prejudice until this commit all go along with him. tee can have more time to secure additional facts pertaining Mr. DUFFEY of Ohio. Mr. Speaker, reserving the right to the cost involved. to object, and I shall not object, I would like to ask the Mr. LUDLOW. The facts are very fully set forth, Mr. chairman of the committee whether there will be any part Speaker, and I wish the gentleman would let the bill go of the bill with respect to the Home Owners' Loan Corpora through. tion involving the Federal Housing Administration? Mr. TRUAX. Mr. Speaker, I ask that the bill be passed Mr. STEAGALL. It is impossible for me to say just what over without prejudice. will be in the bill, as the committee has not yet concluded The SPEAKER. Without objection, the bill will be passed its hearings on the bill and has not taken it up in executive over without prejudice. session. Therefore I cannot answer. There was no objection. Mr. TRUAX. Mr. Speaker, reserving the right to object, DANIEL W. SEAL I would like to ask the chairman of the committee if there The Clerk called the next bill, H. R. 1846, for the relief will be any provision in the bill making the basis for the of Daniel W. Seal. granting of applications the real distress of the home owner? Mr. BLANTON. Mr. Speaker, this is a bill that would give Mr. STEAGALL. Of course, that is what was contem pensionable status to this soldier who did not enter the plated in the original act, and so far as I know, that rule military service until February 1865, and he did not actually has been fallowed. get in his company until March 19, 1865, just about a month Mr. TRUAX. By whom? before the war closed, and soon thereafter he was charged Mr. STEAGALL. By the Board, so far as I know. with desertion. After waiting all these years this is an Mr. TRUAX. By the H. 0. L. C.? attempt to give him· a pensionable status. Mr. STEAGALL. I have no doubt some mistakes have Surely this ought to stop, and I object, Mr. Speaker. been made in both directions. I am not prepared to point them out, however. So far as I know, the Board has fol HOME OWNERS' LOAN CORPORATION lowed the law in good faith. Mr. STEAGALL. Mr. Speaker, I ask unanimous consent · Mr. TRUAX. The maximum amount that can be lent that the Committee on Banking and Currency may have under present regulations, as I understand it, is $14,000. until midnight tomorrow to file a report on the bill World War I shall think the gentleman might be able to get it up by unanimous not stand in the way of the widow's getting the benefits of consent. this legislation. Mr. MARTIN of Colorado. Reserving the right to object, The SPEAKER. Is there objection to the present con I want to ask the gentleman from Alabama if this bill will sideration of the bill? provide for new applications? Mr. HOPE. Mr. Speaker, I reserve the right to object, to Mr. STEAGALL. Yes; up to the time of the approval of ask the gentleman from California the meaning of the lan the act, under the provisions of the bill as introduced. gu.age beginning in line 10: Mr. PIERCE. Reserving the right to object, may I ask And notwithstanding any provisions to the contrary 1n the act the gentleman if the bill will contain a provision that the relating to pensions approved April 26, 1898, as amended by the applications now on file shall have preference? act approved May 11, 1908. Mr. STEAGALL. I cannot say. There are no such provi That language, I think, is unnecessary, and I should like sions in the original bill, and amendments to the bill have to know its particular significance. not yet been considered. Mr. BURNHAM. This bill is copied from one drawn by Mr. PIERCE. I am very anxious that applications now my predecessor, Mr. Swing. If that language is not proper, pending shall be passed upon before they consider new ones. it can be stricken out, so far as I am concerned. The SPEAKER. Is there objection to the request of the Mr. TAYLOR of Colorado. Mr. Speaker, will the gentle gentleman from Alabama? man yield? There was no objection. Mr. BURNHAM. Yes. CORA A. SNYDER Mr. TAYLOR of Colorado. I happen to know this woman, and have known her from her childhood. I know of the The next bill on the Private Calendar was the bill, H. R. splendid service that man rendered to. his country, and I 2117, for the relief of Cora A. Snyder. feel the widow is entitled to the benefits of this legislation. The SPEAKER. Is there objection? The SPEAKER. Is there objection to the present con Mr. BLANTON. Reserving the right to object, this bill sideration of the bill? seeks to give pensionable status to the widow of a man who There was no objection; and the Clerk read the bill, as tried court martial back in 1900, was sentenced was under follows: to be dish.onorably discharged, and served out that sentence. Be it enacted, etc., That in the administration of any laws con Now, this· bill seeks to give him a pensionable status and ferring rights, privileges, and benefits upon widows of honorably restore him to the rolls. discharged soldiers, Bert Snyder, late husband of Cora A. Snyder, Mr. BURNHAM. Will the gentleman kindly withhold his who was a member of Troop a Second Regiment United States Cavalry, shall hereafter be held and considered to have been hon~ objection for a moment? orably discharged from the military service of the United States Mr. BLANTON. Certainly. as a member of that organization on the 7th day of May 1901, and Mr. BURNHAM. In order that I may explain this case. notwithstanding any provisions to the contrary in the a.ct relating This young man, Bert Snyder, was a boy in his teens when he to pensions approved April 26, 1898, as amended by the act ap• proved May 11, 1908: Provided, That no bounty, back pay, pension, enlisted. Within a year he was court-martialed for being or allowance shall be held to have accrued prior to the passage of absent without leave. He served his sentence of 6 months. this act. Since that time the evidence shows that he enlisted in the Mr. HOPE. Mr. Speaker, I offer the following amendment, Navy on June 2, 1902, at Boston, Mass., served a creditable which I send to the desk. enlistment, and was issued an honorable discharge on June 1, The Clerk read as follows: 1906, as fireman, first class. He reenlisted June 2, 1906, the Amendment offered by Mr. HoPE: Beginning on page l, line 10. next day, and was honorably discharged on June l, 1910, as after the figures "1901 ", strike out the remainder of line 10, all of an oiler. He again reenlisted June 2, 1910, the following day, lines 11 and 12, and the words and figures " May 11, 1908," on and was again discharged November 27, 1912, as oiler by page 2. 1935 CONGRESSIONAL RECORD-HOUSE 2035 The SPEAKER. The question is on agreeing to the I have carefully read the transcript. It does not warrant, amendment. in my judgment, dismissal. It does not show that this inci The amendment was agreed to. dent was to the scandal and disgrace of the military service. The bill as amended was ordered to be engrossed and read There was no loud talk, cursing, drinking, or boisterous con a third time, was read the third time, and passed, and a duct within the room where the bellboy peeped. All was as motion to reconsider was laid on the table. quiet as a ping-pong party. I do not believe article 95 was THADDEUS C. KNIGHT ever intended to include such a misdemeanor. I do not The next business was the bill, H. R. 2294, for the relief criticize the officers who conducted the court martial, but I of Thaddeus C. Knight. wonder, if the Savi or had appeared before those trial officers There being no objection, the Clerk read the bill, as fol and said, " Let those of you without (like) sin cast the first lows: stone", whether or not a conviction would have followed. I believe you gentlemen will agree with me that this case Whereas Thaddeus C. Knight, formerly a captain, Quartermaster Corps, United States Army, was convicted on April 28, 1926, by a. did not warrant court martial We now have the opportunity general court martial !or the violation of the ninety-third and to right this injustice, and I am sure you will not hesitate ninety-sixth articles of war and sentenced to be discharged from to do it. the military service and to serve 5 years in prison. The said Thad deus C. Knight was discharged from the Army in accordance with There is no evidence at all that he was guilty of anythiii.g the findings of the court martial and served 2 years of the sentence improper, except being found in a room at this hotel at 7:15 imposed upon him, at which time he was paroled. Since the carry o'clock in the evening with an unmarried woman. which may ing into execution o! the findings of the court martial it has been determined that the testimony upon which the said Thaddeus C. have been indiscreet. I take it that if Lieutenant Upson was Knight was convicted was perjured and untrue, and that the con subject to court martial, there quite likely are many here viction of the said Thaddeus C. Knight by general court martial who might be court-martialed. [Laughter.] was without foundation in law or in fact; Therefore Be it enacted, etc., That the President be, and he ts hereby, Mr. BLANTON. Was he tried by Army officers? authorized to appoint, by and with the advice a.nd consent of the Mr. ASHBROOK. He was. Senate, the said Thaddeus C. Knight, a captain in the Quarter Mr. HANCOCK of New York. And that was regarded as master Corps, United States Army, with the same rank on the pro an offense of such gravity as to warrant his discharge and motion list as the said Thaddeus C. Knight would have attained had he not been separated from the service. separation from the military service? Mr. ASHBROOK. It was. It was a very severe and un The bill was ordered to be engrossed and read a third time, just verdict in my humble opinion. A slap on the wrist was read the third time, and passed, and a motion to recon might not have been out of order. sider laid on the table. Mr. TRUAX. Will the gentleman yield? SECOND LT. CHARLES E. UPSON Mr. ASHBROOK. I yield. The next business was the bill, a R. 3071, for the relief of Mr. TRUAX. This officer was convicted of violation of Second Lt. Charles E. Upson. the ninety-fifth article of war. Can the gentleman tell the The SPEAKER. Is there objection? House just what that article is? Mr. HANCOCK of New York. Mr. Speaker, I reserve the Mr. ASHBROOK. I can and will. right to object. The report gives very sketchy information as Mr. BLANTON. Does the gentleman think it would be to why this officer should receive a special act of Congress in establishing an unwise precedent not to adopt this bill? his favor. All w~ know is that he was court-martialed and dismissed from the Army for violation of Article of War No. Mr. ASHBROOK. I am of the opinion that it would be unwise not to correct this injust~ce. 95. Can the gentleman give some extenuating circumstances? First, what was the charge; second, why should this favor be The only portion of article 95 that could possibly apply done this young officer? to this case is that he was guilty of " public association Mr. ASHBROOK. Mr. Speaker, this is a case where a with notorious prostitutes." The evidence shows that this snooping, peeping bellboy, who had probably been bribed or woman had a good reputation. There is no evidence to the tipped by a jealous or unfriendly officer, looked through the contrary. She registered at this hotel as " Miss Milan." keyhole of a door in a room in a hotel in Battle Creek, Mich., The officer and this woman did not register as husband and and discovered an Army officer with an unmarried woman. wife, but she registered at the hotel as "Miss Milan." There is no evidence that there was any act of immorality There was no attempt to practice any deception upon the committed, but the officer was reported by the landlord of hotel or this pious landlord. the hotel to the military police, who came there and arrested In the trial several officers were subpenaed. Col. John W. the lieutenant and took him to headquarters. Craig of the Three Hundred and Thirty-ninth Infantry, He was later given a trial by court martial and found commanding the regiment, was a witness. He was asked guilty, solely on the testimony of the snooping bellboy, the whether there had ever been reported to him anything re landlord, who no doubt was trying to redeem his own moral flecting in any way against Lieutenant Upson or whether record, and the arresting officer. I have a transcript of the he associated with prostitutes or had conducted himself court-martial proceedings. The report of the military com other than as a gentleman, to which Colonel Craig replied mittee, which is favorable, shows that Lieutenant Upson en in the negative. Capt. Clarence Delbridge, of the Three listed in June 1916 at Mansfield, Ohio., for the Supply Com Hundred and Thirty-seventh Infantry, another officer, made pany, Eighth Ohio Infantry, National Guard, and was mus a like report. Another officer, Lt. Donald McRea, Company tered in for Federal service July 2, 1916, a private in Com E, Three Hundred and Thirty-eighth Infantry, made the pany L. He was honorably discharged from this service same report. There is absolutely no evidence that Lieuten November 26, 1917, a sergeant, Company M, One hundred ant Upson was ever guilty of any infraction of any Army and forty-sixth Infantry, to accept a commission. His dis regulations or rules or had ever been reprimanded. He had charge shows his character marked "excellent." The next a good record as a soldier. He has a good reputation as a day he accepted an appointment as second lieutenant in the citizen today. He lives in my district; I know him well. He National Army and served until he was dismissed from the is of a good family. He has been endorsed to me by the service, May 8, 1918, by court-martial proceedings. I was American Legion, the Grand Army, and by many prominent then a Member of Congress and remember well that Lieu business and professional men of his home city. tenant Upson came direct from Camp Custer to Washington Mr. SHORT. Will the gentleman yield? after his dismissal, yet wearing his uniform, to plead his Mr. ASHBROOK. I yield. case. He seemed then not to feel his disgrace as keenly as Mr. SHORT. Does not the gentleman feel that under all his disappointment that he could not go overseas. May I the circumstances the bellboy is the one who should have say here that it is at least a bit unusual that 17 years after been courtmartialed? [Laughter.] that unfortunate May day that I am here today as his Rep Mr. BLANTON. My friend will admit that he was negli resentative seeking to undo the severity of that sentence? gent in leaving that keyhole open. [Laughter.] LXXIX--129 2036 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 Mr. HANCOCK of New York. The gentleman's explana Mr. COCHRAN. A civil court. He was tried in a civil tion is entirely satisfactory to me and I shall not object. court and was acquitted. He did not return to his organiza The gentleman's explanation persuades me that an injustice tion because there were hostile Indians between his organi was done. zation and where he was located. Mr. ASHBROOK. I thank you, gentlemen. Mr. TRUAX. But he shot and killed his sergeant. The SPEAKER. Is there objection to the present consid- Mr. COCHRAN. But he did in self-defense. I repeat he eration of the bill? was tried in a civil court and put in a plea of self-defense, There was no objection. and he was acquitted. This bill has been passed four times The Clerk read as follows: in the House, but it has never yet been reached in the Be it enacted., etc., That in the administration of any laws con Senate. Let me read from the committee report: ferring rights, privtleges, and benefits upon honorably discharged Considerable evidence has been filed, showing the applicant soldiers Second Lt. Charles Upson, who was a member of the Three claims he was forced to defend himself during a quarrel with a Hundred and Thirty-ninth Regiment United States Infantry, sergeant in his organization and that he shot and killed the shall hereafter be held and considered to have been honorably dis sergeant in self-defense. Costigan was arrested and turned over charged from th~ m111tary service of the United States as a mem to the civil authorities. ·After being held for several months he ber of that organization: Provided, That no bounty, back pay, was discharged by the court. The am.davits now on file with the pension, or allowance shall be held to have accrued prior to the House Committee on Milltary Affairs claim he sent word to his passage of this act. commanding omcer by letter and remained at West Point for an The bill was ordered to be engrossed and read a third indefinite period, but no reply was received. Costigan claims that the judge told him he was a free man and he understood time, was read the third time, and passed, and a motion to this to mean he was released from his military service. reconsider was laid on the table. Costigan participated in the battle with Indians at Milk Creek, Mr. ASHBROOK. Mr. Speaker, I ask unanimous consent Colo., in 1879. It is shown that he volunteered with another to extend my own remarks on the bill just passed. soldier, who was killed, to carry water from a creek and that a Corporal Lynch, while engaged on the second trip with him, was The SPEAKER. Without objection, it is so ordered. shot in the face. Four am.davits, on file with the House Committee There was no objection. on Military Affairs, made by former Indian fighters are to the effect that the signers knew Costigan, regarded him as a brave BANKING HOUSE AT FORT LEWIS, WASH. soldier, and that he was well liked by all other members of his The Clerk called the next bill, H. R. 3266, authorizing the reglment. maintenance and use of a banking house upon the United There is merit to this bill, and I hope the gentleman from States military reservation at Fort Lewis, Wash. Ohio will not object. I can assure the gentleman that Mr. There being no objection the Clerk read, as follows: Costigan is a man with an excellent reputation and well Be it enacted., etc., That the National Bank of Tacoma, a na liked by people in his community. tional-banking association organized and existing under the laws of the United States relative to national banks, and any successor Mr. TRUAX. It seeks to restore a pensionable status to or assignee national-banking association, be, and is hereby, au this man. · thorized to maintain in and on the United States military reser Mr. COCHRAN. He never had a pensionable status. vation at Fort Lewis, Wash., for the conduct of a general banking business, the building heretofore erected on said reservation by Served his country with honor, but denied a pension because the Army National Bank of Fort Lewis, Wash., pursuant to the of a War Department record. authority contained in the act of June 17, 1930 (46 Stat. 774), Mr. TRUAX. That is what the bill is for. and to occupy and use the same for and conduct therein a gen Mr. COCHRAN. Yes; to correct a record the War Depart eral banking business authorized under and by the charter of said bank and the laws of the United States relative to national ment, under the law, cannot correct. banks, all under such regulations and conditions and for such Mr. TRUAX. Mr. Speaker, I object. term or terms as the Secretary of War has heretofore prescribed with respect to the Army National Bank of Fort Lewis, Wash., or ROSSETTA LAWS as the Secretary of War may hereafter prescribe. The Clerk called the next bill, H. R. 2128, for the relief The bill was ordered to be engrossed and read a third of Rossetta Laws. time, was read the third time, and passed, and a motion to There being no objection, the Clerk read the bill, as reconsider was laid on the table. follows: SAMUEL KAUFMAN Be it enacted, etc., That in the administration of any laws con The Clerk called the next bill, H. R. 3722, for the relief ferring rights, privileges, and benefits upon honorably discharged soldiers William Laws, who was a member of Company F, Twen of Samuel Kaufman. tieth Regiment United States Colored Volunteer Infantry, shall The SPEAKER. Is there objection to the present consid hereafter be held and considered to have been honorably dis eration of the bill? charged from the military service of the United States as a mem Mr. BLANTON. Reserving the right to object, Mr. ber of that organization on the 6th day of October 1865: Provided, That no bounty, back pay, pension, or allowance shall be held to Speaker, the report in this case by The Adjutant General have accrued prior to the passage of this act. indicates that this officer is in no percent disabled. Under that showing I doubt the wisdom of giving him a retired The bill was ordered to be engrossed and read a third status on retired pay. For the present, Mr. Speaker, I ask time, was read the third time, and passed, and a motion to unanimous consent that the bill be passed over without reconsider was laid on the table. prejudice. CARL L. BERNAU The SPEAKER. Without objection, the bill will be passed The Clerk called the next bill, H. R. 2678, for the relief of over without prejudice. Carl L. Bernau. There was no objection. Mr. TRUAX. Mr. Speaker, I object. JOHN COSTIGAN Mr. KVALE. Mr. Speaker, will the gentle~an withhold The Clerk called the next bill, H. R. 972, for the relief his objection? of John Costigan. Mr. TRUAX. Yes. The SPEAKER. Is there objection to the present con Mr. KVALE. The facts are set out in the report. The sideration of the bill? report might have been quite a bit more voluminous, but the Mr. TRUAX. Mr. Speaker, reserving the right to object, gist of the argument is that the court martial and the pro this bill seeks to correct the military status of a man who ceedings during the court martial did not go into the matter shot and killed his sergeant. He claimed it was in · self completely enough to hear the testimony of witnesses who defense. There is no proof, however, that he did act in could have appeared for the defense but who did not. As a self-defense. matter of fact, one important witness was reported dead at Mr. COCHRAN. Will the gentleman yield? the time. Mr. TRUAX. I yield. The committee has gone into this very carefully. The Mr. COCHRAN. Is not the fact that he was acquitted by committee has consulted the records of the War Department. a court sufficient proof that he is not guilty? I do not The report of the War Department is adverse, but the com see how the gentleman could ask for more. mittee nevertheless unanimously felt that this was a miscar Mr. TRUAX. What court? riage of justice. The bill asks only for a rehearing of the 1935 CONGRESSIONAL ~ECORD-· HOUSE 2037;

' facts o! the ~ase and, if passed, will permit this officer to sub Mr. KVALE. Mr. Speaker, under leave to extend my re mit his additional testimony. I hope the gentleman will not marks, I add the following: see fit to press his objection. In justice to the officer in question, it should perhaps be Mr. TRUAX. I call attention to the fact that the War stated that Captain Bernau was the victim of his own sense Department went into this case quite exhaustively, and that of duty and his zeal in performing that duty. He has an they recommend that the bill be not passed. The Secretary enviably fine record of Army service extending over a 15- of War stated: year period, upon which there is not a blemish oft any sort I recommend that H. R. 6352 be not favorably considered by your except for the circumstances stirrounding his court martial. committee and be not enacted into law. This bill will permit the full offer and consideration of the There was a shortage of 78,000 pounds of beef. This, testimony that was given your committee, and which your translated into terms of money, would amount to quite a sum. committee is unanimously convinced will easily correct the Mrs. KAHN. Mr. Speaker, will the gentleman yield? cruel injustice which has been done. . Mr. TRUAX. I yield. False reports as to the death of Captain Bemau's leading Mrs. KAHN. When I was on the Committee on Military witness, also·a commissioned officer who had factual knowl Affairs I was chairman of a ·subcommittee that had this bill edge which could not have failed to clear him, are of record under consideration.- We heard testimony from everybody in the committee files. That officer has given the committee concerned, gave it very exhaustive study, and reported the bill the vital testimony which was not offered to the court and out unanimously. We felt trui.t Captain Bernau had really of which the War Department had no official knowledge. suffered an injustice. For that reason the adverse departmental report could have Mr. TRUAX. But no favorable report was received from no persuasive influence with your committee. . the War Department. Finally, it is surprising to note that he was convicted and Mrs. KAHN. That is the regulation recommendation of dismissed from the service because of an act characterized the War Department. They never recommend anything of as illegal. when as a matter of fact he was acting in strict the nature of this bill. accordance with Army regulations at the very time. Evi Mr. KVALE. And, in addition, the committee had impor dence to support that statement is also on file with the tant testimony that the War Department did not have, as I committee. tried to ten the gentleman a moment ago. For· those reasons, and for others which might be cited, Mr. TRUAX. Has the gentleman endeavored to secure a the diligent colleagues who have withdrawn their objections favorable report from the War Department recently? to the consideration of the bill for Captain Bernau's relief Mr. KVALE. No. The War Department decision is based are indeed to be thanked for assisting in bringing belated upon its records, which did not include the testimony which -justice to a splendid officer who ·has sniarted and suffeted the committee has gathered, and we ask that the case be for 12 long years under a stigma he never should have borne. reopened. I believe a further study of the records of the There · being no objection, the Clerk read the bill, as court martial alone would be enough t6 warrant a change in follows: the recommendation of the War Department, but this man Be i~ enacted, etc., That the President be, and he is hereby, bas additional testimony he wishes to offer. authorized to convene a court of inquiry to conduct a reinvestiga tion of the facts and circumstances attending the trial and con Mr. BLANTON. Mr. Speaker, will the gentleman yield? viction by general court martial on or about November 14, 1923, Mr. KVALE. Gladly. · of Capt. Carl L. Bernau, Quartermaster Corps, and that the said Mr. BLANTON. Just to speak of the shortage of 78,000 Bernau be afforded .the same rights and privileges before said pounds of beef probably does not convey the full meaning court of inquiry as if he were stlli in the military service. of just how much it involves. When you think of it in the The biU ·was ordered to be engrossed and read a third light that this big Chamber in which we are now working is time, was read the third time, and passed, and a motion to hardly large enough to hold the number of cattle that would reconsider was laid on the table. - weigh 78,000 pounds, then you can imagine just how many ANGELO J. GILLOTTI cattle he was short in the form of frozen beef. Mr. KVALE. And I will add that it was over a 3-year The Clerk called the next bill, H. R. 3721, for the relief of period during· which he handled many millions of pounds of Angelo J. Gillotti. beef, and the report of experts from the Department of Agri Mr. BLANTON. Mr. Speaker, the War Department report culture show that in the refrigeration of this vast quantity on this case made by The Adjutant General embraces the of meat there would be more tQa,n 78,000 pounds of ,shrinkage. following: Mr. BLANTON. The thing that made me most skeptical He enlisted May 22, 1924, and was assigned to the Seventy-sixth Field Artillery. He was absent without leave from August 12 to about the man's claims was the fact that for a long time this 26, 1924; was tried by summary court martial, and was sentenced man failed to have a check-up made when he could have to confinement at hard labor for 30 days and forfeiture of $14 of had an inventory taken. his pay. On November 4, 1924, he deserted at the Presidio ·of Mon Mr. KVALE. terey, Calif., and did not return to military control. On October On the contrary, the check-up was made 6, 1931, he was discharged from the Army on account of desertion; at his own request. trial barred by the statute of limitations. Mr. BLANTON. I mean for a long time he would not have any. I doubt the wisdom of restoring this man to a pensionable Mr. KVALE. Well, he sought one, and it was made finally status on such a record as this. by disinterested officials, officers of the United States Army. Mr. MAY. Mr. Speaker, will the gentleman withhold his An investigation actually conducted by his superior officers objection that I may make an explanation of this matter? showed that during his se1·vice the conditions of stored sup Mr. BLANTON. Certainly. . plies had undergone marked improvement. Mr. MAY. Mr. Speaker, the subcommittee, of which I am Mr. BLANTON. All the gentleman is asking is to reopen chairman, made a careful study of this case. As set forth ·and reinvestigate the case? in the report, this man was a volunteer enlisted man for four Mr. KVALE. That is right. different periods of time. All of these were prior to 1924, and Mr. BLANTON. I have no objection to the man having in each instance he was honorably discharged, with a nota- another trial. tion of good character. · Mr. TRUAX. The man apparently receipted for a short Mr. BLANTON. It is admitted that his first service was ( age of 55,000 pounds. good, but his last service was bad. Mr. KV ALE. That was the officer who succeeded him, and Mr. MAY. I will get to that. This man was honorably the amount was later shown to be incorrect. discharged four difierent times, the last of which was in 1922. Mr. TRUAX. Mr. Speaker, in view. of the explanation of The record shows by affidavits filed that he was on the the gentleman from Minnesota and the gentlewoman from battle front in France in three of the major engagements; California, I withdraw my objection. that on one occasion when__ one of thefi.eld pieces was·com- '2038 -CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 pletely demolished and every man that was around it killed the family and they are of excellent character. The char- ' except this veteran, Angello J. Gillotti, and that he went acter witnesses are very favorable. back into action in 30 seconds, and after that time he was Mr. MAY. Will the gentleman yield? out of the service for a period of 2 years. During all of Mr. GIFFORD. I yield to the gentleman from Kentucky. that time he was in one hospital or another for diseases of a Mr. MAY. Was the fellow able to execute bond during mental nature. When he deserted in California in 1924 the the time he would have been kept in jail until the fall term? evidence•before us in the form ·of affidavits, which were not Mr. GIFFORD. He says he took the advice of the sheriff.. contradicted, shows that he was so mentally deranged that Mr. MAY. But he was probably unable to execute bond. he was found wandering around in the country, lost. Mr. GIFFORD. He took the advice of the sheriff, as they Mr. BLANTON. Now, that kind of a record appeaJs to me. often do, as the easiest way out. Afterward he said he had Mr. HANCOCK of New York. Does the gentleman know made a great mistake. I vouch for the character of the that this soldier was given the Distinguished Service Cross family and for this young man. The Army has taken him for heroism in action during the World War? back, and I think we ought to forgive a thing like this in a . Mr. BLANTON. I accept the statement of the gentleman boy 17 years of age. from Kentucky 100 percent, because I know he has given Mr. HOPE. If'he had bought his way out of the Army, the case investigation. The gentleman is on this committee. would he not still have been given the same type of dis On the facts stated by the gentleman from Kentucky and charge? also by the gentleman from New York, I withdraw my Mr. GIFFORD. If he had bought his way out, I do not objection. know; but he was neither honorably nor dishonorably dis Mr. MAY. I thank the gentleman from Texas, and as charged, and he is in the Army now. This ·record is some a further assurance, may I say that the soldier came to my what against him. The case was not very serious, and I am office one day last week at the request of his Congressman. going to ask you to forgive the somewhat foolish thing which and he is yet a physical wreck. I have no personal interest he did. whatever in the matter except to see that no injustice is Mr. HOPE. The facts as related by the gentleman from done a deserving hero of the great World War, and out of Massachusetts do not appear in the committee repart. the depth of my heart I say to you that it was the unani Mr. GIFFORD. I have the affidavits here. mous thought of all my committee that had we not reported Mr. HOPE. In view of the excellent statement by the gen the bill for passage we would have done a great injustice to tleman from Massachusetts, I shall not object to the present a deserving veteran. consideration of the bill. The SPEAKER. Is there objection? The SPEAKER. Is there objection to the present con There being no objection, the Clerk read the bill, as follows: sideration of the bill? Be it enacted, etc., That in the administration of any laws con There being no objection, the Clerk read the bill, as ferring rights, privileges, and benefits upon honorably d1scharged follows: soldiers Angelo J. Gillotti, who was a member of Battery D, Seventy sixth Regiment United States Field Artillery, shall hereafter be held Be it enacted, etc., That in the administration o! any laws con· and considered to have been honorably discharged from the mili ferring rights, privileges, and benefits upon honorably discharged tary service of the United States as a member of that organization soldiers, Harry B. Walmsley, formerly in the Medical Department, on the 4th day of November 1924: Provided, That no bounty, back First Cavalry, United States Army, shall hereafter be held and con pay, pension, or allowance shall be held to have accrued prior to sidered to have received a full honorable discharge from the m111· the passage o! this act. tary service of the United States on July 9, 1926: Provided, That no bounty, back pay, pension, or allowance shall be held to have The bill was ordered to be engrossed and read a third accrued prior to the passage of this act. time, was read the third time, and passed, and a motion to The bill was ordered to be engrossed and read a third time, reconsider was laid on the table. was read the third time, and passed, and a motion to recon HARRY B. WALMSLEY sider was laid on the table. The Clerk called the next bill, H. R. 2192, for the relief of NELLIE OLIVER Harry B. Walmsley. The Clerk called the next bill, H. R. 5133, for the relief of Mr. HOPE. Mr. Speaker, reserving the right to object, Nellie Oliver. may I ask the author of the bill what reason there is for · Mr. TRUAX. Mr. Speaker, reserving the right to object, giving this soldier an honorable discharge? For all the this is another bill that seeks to restore the military status of report shows he was given a discharge, which was neither a man who enlisted in 1864. I am opposed to the passage of honorable nor dishonorable, by reason of the fact he pleaded such bills, especially on the evidence as submitted. There guilty in a civil court to a charge of petty larceny and was fore I object. sentenced to serve a term in jail and to pay a fine. I assume, Mr. ROGERS of New Hampshire. Will the gentleman if those facts are true, that the soldier did not deserve an withhold his objection? honorable discharge. Will the gentleman tell us whether Mr. TRUAX. I withhold my objection for an explanation. those facts are true, and, if they are true, whether there were Mr. ROGERS of New Hampshire. Mr. Speaker, this is a any extenuating circumstances which should be taken into case of which I have personal know!~ Although it does consideration? not appear too clearly in the report, it is a fact that this Mr. GIFFORD. Mr. Speaker, in reading the report the man enlisted in the United States Army on September 19, gentleman will see that this matter was looked into very 1862, and served honorably until June 17, 1864. Because he carefully, his reenlistment was allowed, and the soldier is stayed a few days longer on leave than he should have, now serving in the Army. through fear he enlisted under an assumed name in the He was but 17 years of age when he first went into too United States NavY. He enlisted in the NavY under the Anny, with the consent of his father. After being in a year name of John Lear on July 7, 1864, less than a month from and a half or 2 years he applied for a discharge that was to the time he had been serving honorably in the Army. He have cost him $100. The atlidavits show that he went around then served for 3 years in the Navy and at the end of his collecting little sums of money he had loaned his associates. enlistment was honorably discharged from the United States One man owed him $10 and he took a pistol in payment of NavY. He served on the Ohio, Potomac, Chocama, Vermont~ that debt. He displayed this pistol and it was discovered and the Portsmouth until July 9, 1867, when he received an that it had been stolen. He was arrested by the local sheri.tI. honorable discharge on account of expiration of enlistment. who advised him to plead guilty, because the other man Mr. Oliver then received his pension under the name of denied the charge, and he would have had to lie in jail until John Lear until his death in July 1929. This man has an the fall term of court. He said," I was only a boy. I ought infirm and aged widow, who needs this pension. This bill to have thought more about my reputation, but I found I passed the House on February 2, 1933, but was not reached could save $100 and get out." Afterward he stated that he in the Senate. These are the facts, and I can vouch for felt very remorseful -and applied for reenlistment. I know them personally. ·1935 CONGRESSIONAL RECORD-HOUSE 2039 Mr. TRUAX. How does it come that this has not been cor Mr. MAY. I am with the gentleman; but why not help rected many years ago? Does the gentleman think, in the this woman now? face of the Economy Act taking pensions away from World Mr. O'MALLEY. Mr. Speaker, will the gentleman yield? War veterans and Spanish-American War veterans and when Mr. TRUAX. I yield. their pensions are still less than they should receive, we Mr. OMALLEY. While we are waiting for an opportunity, should pass special legislation to place some widow on the perhaps, under a gag rule, to take care of all of them, it pension roll who has never been on the rolls before and who would not seem fair to deprive this poor widow of her oppor has been unable to obtain such status up to this time? tunity, which is right here and now to be taken care of. Mr. MAY. Mr. Speaker, will the gentleman yield? She may not live long enough for this Congress to get Mr. TRUAX. I yield. around to taking care of all of them. Mr. MAY. I should like to ask the gentleman from Ohio if Mr. TRUAX. I will say to the gentleman that if he took we are not putting through now a program to take care of the same interest and exerted the same energy in behalf all the old folks without any pension? of the millions of people who are in acute distress today, Mr. TRUAX. At $15 a month? just as much distress as this individual, and if all the gen Mr. MAY. Yes; and her State will have to take care of the tlemen would take the same interest in their welfare and balance of it. provide them with funds necessary for their existence, we Mr. TRUAX. Does the gentleman think $15 a month will might be better off in this country, economically speaking, take care of anybody? than we are today. Mr. MAY. No; and I am not thinking about that, but I object, Mr. Speaker. about the principle involved. If we are going to take care of CARL LINDOW these old folks, why not take care of them in an honorable The Clerk called the next bill, H. R. 5032, to correct and way, and why not give this woman her pension? complete the military record of Carl Lindow, known also Mr. TRUAX. Let me ask the gentleman this question. as " Carl Lindo." How will we have the money to take care of all these people There being no objection, the Clerk read the bill, as in view of the deficit we now have, which is getting larger all follows: the time, with no tax on wealth and no proper tax on incomes, Be it enacted, etc., That, in the administration of the pension and without making any provision whatsoever to finance laws or any laws conferring rights, privileges, or benefits upon such a program? the widows, children, and;or dependent relatives of persons hon Mr. MAY. I agree with the gentleman about all those orably discharged from the United States Army, Carl Lindow, things, but why not allow this pension to a person who has known also as "Carl Lindo", shall be held and considered to have served without desertion and to have been honorably discharged rendered service to the country, as well as allow pensions to on August 9, 1864, as a corporal, Company H, One Hundred and a lot of people who never rendered any military service Fifty-first Regiment New York Volunteer Infantry: Provided, That at all? no pension, bounty, pay, or other emoluments shall be held to Mr. ROGERS of New Hampshire. Let me say that it is a have accrued prior to the passage of this act. fact this man has served 5 years honorably in the United Mr. HANCOCK of New York. Mr. Speaker, I offer the States Army and Navy and drew his pension until the time following amendment. of his death in July 1929. The reason for his enlisting in the The Clerk read as follows: NavY under an assumed name has been fully explained to the Page 1, line 7, strike out the words "to have served without gentleman, and I may state to him that this bill has been desertion." under full discussion in this House, and was favorably re The amendment was agreed to. ported in the Seventy-first Congress, passed the House on The bill as amended was ordered to be engrossed and read February 10, 1933, but was not reached in the Senate. From a third time, was read the third time, and passed. personal knowledge, I can vouch for the necessity of this The title was amended, and a motion to reconsider was aged woman, and I do hope, sir, the bill having once passed laid on the table. the House, the gentleman will not insist on his objection · at this time. JOHN F. HATFIELD Mr. TRUAX. I will say to the gentleman that we should The next business on the Private Calendar was the bill, give all of them the same consideration. They are all in the H. R. 1073, for the relief of John F. Hatfield. same predicament. The fact is we have cut the pensions of There being no objection, the Clerk read the bill, as widows of Civil War veterans who are today nearly 90 years follows: of age, and restoration has not been made. I am opposed to Be it enacted, etc., That in the administration of any laws con any special-privilege legislation for any of these dependents ferring rights, privileges, and benefits upon honorably discharged soldiers John F. Hatfield, who was a member of Troop C, Sixth unless we take care of all of them at the same time. Regiment United States Cavalry, shall hereafter be held and con Mr. MAY. This is simply to correct one of the errors of sidered to have been honorably discharged from the military the economy bill that the gentleman and I voted against. service of the United States as a member of that organization on the 14th day of September 1898: Provided, That no bounty, back Mr. ROGERS of New Hampshire. Let me say to the gen pay, pension, or allowance shall be held to have accrued prior to tleman that I understand this woman will not live very much the passage of this act. longer. She has had a shock and is in desperate circum stances; and in view of the fact that she knows this measure The bill was ordered to be engrossed and read a third has passed this House before, she is living in the hope and time, was read the third time, and passed and a motion to expectation that she may receive favorable consideration reconsider was laid on the table. during this Congress in both House and Senate. The only Wil.LIAM H. STROUD reason it has not passed the Congress is that it was not The next business on the Private Calendar was the bill, reached in the Senate, and I ask my friend not to hold this H. R. 3173, for the relief of William H. Stroud. up at this time, because it certainly would be an injustice to The SPEAKER. Is there objection? this widow. Wrr. TRUAX. Mr. Speaker, this bill seeks to restore a Mr. TRUAX. I still maintain that if we take care of one pensionable status to a veteran who is not on the pension we should take care of all of them. I do not think anyone roll because of his own willful misconduct. There are thou will maintain that a $15 pension bill to a person over 65 sands of old war veterans denied compensation because of years of age is in anywise adequate or sufficient. that same thing. Therefore I object. Mr. MAY. This would provide $30 a month. Mr. RANSLEY. Will the gentleman withhold his objec Mr. TRUAX. But it will not take care of all of them. I tion for a moment? do not want to single one out here and one out there and Mr. TRUAX. I will. take care of them unless, at the same time, we take care of Mr. RANSLEY. I will state that this bill for the relief of all of them and take care of the great mass of people who Mr. Stroud passed the House in the sessions of the Seventy are now in distress. .first, Seventy-second, and Seventy-third Congresses. You 2040 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15· will notice there is an affidavit made by William Stroud I Bureau of National Guard. The $1,600 taken from him ab denying the charge about his willful misconduct. He claims solutely belongs to him, as was indicated by the trial which that he was injured on account of a long ride with the Cav- found him not guilty. It was taken away from him not be alry. This accident frequently occurs to cavalrymen. The cause of crookedness on his part, but because of the crooked gentleman will also notice that this man is 78 years of age. ness of those over him. Mr. TRUAX. Has the gentleman read the report from Mr. BLANTON. Is he now serving in the War Depart- the War Department, The Adjutant General? ment? Mr. RANSLEY. Oh, yes. In the first place, Mr. Stroud Mr. FULMER. Yes; in the Bureau of the National Guard, believed that originally he had an honorable discharge. In War Department, here in Washington. the city of Philadelphia one cannot obtain a permit to peddle Mr. BLANTON. And he is on the Government pay roll at unless he pays a fee, with the exception of those who have the present time? been honorably discharged from the Army. Mr. Stroud was Mr. FULMER. Yes. a peddler for years, and he then lost his discharge, and in Mr. BLANTON. If that is the case, I withdraw my objec- applying for a renewal discovered the record that appears in tion. the report at the present time. Mr. FULMER. I thank my friend. Mr. TRUAX. I will say that there is nothing in this re- The SPEAKER. Is there objection? port to contradict the evidence furnished by the War Depart- There was no objection. ment. The Clerk read the bill, as follows: Mr. RANSLEY. Only the affidavit of Mr. Stroud. Be it enacted, etc., That the Comptroller General of the United Mr. TRUAX. I therefore feel forced to object. States be, and he is hereby, authorized and directed to adjust and settle the claim of Capt. Alexander C. Doyle, Quartermaster Corps, CAPT. ALEXANDER C. DOYLE United States Army, in the sum of $1,655 on account of stoppage The next business was the bill, H. R. 240, for the relief of pay as the result of alleged neglect of duty while stationed at Schofield Barracks, Territory of Hawaii, during the year 1922. of of Capt. Alexander C. Doyle. which charge he was declared not guilty by court-martial decision, The SPEAKER. Is there objection? and to certify the same to Congress for an appropriation. Mr. BLANTON. Mr. Speaker, I reserve the right to object. The committee report does not incorporate a report from The bill was ordered to be engrossed and read a third time, either the Department or from the Comptroller General. was read the third time, and passed, and a motion to recon sider was laid on Both departments should be heard from, I think. Therefore, the table. I ask unanimous consent that the bill be passed over without ARTHUR VAN GESTEL, ALIAS ARTHUR GOODSELL prejudice. The next business was the bill, H. R. 318, for the relief Mr. FULMER. Mr. Speaker, will the gentleman yield? of Arthur Van Gestel, alias Arthur Goodsell. Mr. BLANTON. Yes. The SPEAKER. Is there objection to the present con Mr. FUL.1\1ER. If we were to ask for a report, we would sideration of the bill? get the usual . report--unfavorable. That is true of prac Mr. TRUAX. Mr. Speaker, I reserve the right to object. tically every bill passed upon by this Department. This This bill seeks to correct the military status of a man of Captain Doyle was appointed an assistant to the quarter whose service the War Department has no record. For that master, with various duties, having charge of millions of dol reason they recommend the bill do not pass upon the lars of property. The pay roll was padded, but a higher ground that it would be discriminating against many other authority made out the list of employees, made out the total persons who claim similar service. amount to be paid to employees and certified to it, and Mr. HANCOCK of New York. Mr. Speaker, will the gen- Captain Doyle had no way on the face of the earth to know tleman yield? ' other than that the pay roll was correct. Payment was made Mr. TRUAX. Yes. by Captain Doyle. Then it was discovered that the pay roll Mr. HANCOCK of New York. The record discloses there was padded and it was taken out of Captain Doyle's pay. are letters on file from Major General Wheeler and Col. He insisted on his innocence and requested a court-martial Theodore Roosevelt certifying to the service of this man trial and received one and was acquitted. during the Spanish-American War. I am not the author Mr. BLANTON. The charge against him was that he of the bill. If the gentleman insists upon pressing his ob padded the pay roll, not that there was a shortage. jection, I ask that it go over without prejudice, with the Mr. FULMER. But the record shows that he had nothing understanding that it may be called up next time the Pri to do with the pay roll. vate Calendar is called. Mr. BLANTON. All I want to do is to see what the two Mr. TRUAX. I should be glad to assent to that. ~ departments say about it. The SPEAKER. Without objection, the bill will be passed Mr. FUU-.!ER. I can assure the gentleman now that as over without prejudice, to be taken up on the next call of usual we would get an unfavorable report, but we have the the Private Calendar. facts here in the report. He claimed that he was innocent There was no objection. and had nothing to do with the pay rolls, that the pay rolls JOSEPH W. HARLEY were certified to by a higher authority and he insisted on The next business was the bill, H. R. 1119, for the relief of his innocence and was found not guilty by ai court-martial Joseph W. Harley. trial. There being no objection, the Clerk read the bill, as fol- Mr. BLANTON. But respecting some of the other bills fu~: . that have been brought here with an unfavorable report, we Be it enacted, etc., That in the administration of any laws con have permitted them to pass. I want to know what the ferring rights, privileges, and benefits upon honorably d i s~harged departments say about it .. soldiers Joseph W. Harley, who was a member of the Sixty-ninth Mr. FULMER. I believe that if we asked for a report it Company United States Coast Artillery Corps, shall hereafter be held and considered to have been honorably di3charged from the would be unfavora·ble as stated. With the facts before the military service of the United States as a member of that organ gentleman, would he want to deny an innocent man who ization on the 10th day of November 1903, and notwith:>t anding was tried and found not guilty? any provisions to the contrary in the act relating to pensions Mr. BLANTON. All I want to do is to see what the de- approved April 26, 1898, as amended by the act approved May 11, 1908: Provided, That no bounty, back pay, pension, or allowance partments have to say about it. . shall be held to have accrued prior to the passage of this act. Mr. FULMER. This Captain Doyle is from my home town. The bill was ordered to be engrossed and read a third I know all of his people intimately. His brother, Jimmie time, was read the third time, and passed, and a motion to Doyle, is one of the best friends that I have in my district a.n outstanding citizen and a Jeffersonian Democrat. They reconsider was laid on the table. are outstanding people and Captain Doyle has a record that FRANK R. CARPENTER, ALIAS FRANK R. CARVIN is clear and equal to any official of the Government. CaP The next business was the bill, H. R. 1565, for the relief tain Doyle is today serving in the War Department in the of Frank R. Carpenter, alias Frank R. Cal'Vin. 1935 CONGRESSIONAL RECORD-HOUSE 2041. There being no objection, the Cler~ read the bill, as Mr."WHITTINGTON. I certainly do not think he should follows: have been convicted of forgery on the testimony; otherwise Be it enacted, etc., That in the administration of any laws con I would -not be sponsoring the bill. ferring rights, privileges, and benefits upon honorably discharged Mr. TRUAX. Does the gentleman think a court martial so!diers Frank R. Carpenter, alias Frank R. Carvin, "Who was ·a would have imposed a 3-year sentence if the evidence was member of Company H, Sixteenth Regiment United States Infan not conclusive and convincing? try, honorably discharged, and an unassigned recruit at Columbus Barracks, Ohio, shall hereafter be held and considered to have Mr. WID'ITINGTON. Permit me to say, in answer to that been hon.prably discharged from the military service of the United question, that the facts in this case are these: The veteran States as a private on the 20th day of June 1902: Provided, That was on furlough. His mother, whom he was visiting in no bounty, back pay, pension, or allowance shall be held to have Mississippi while he was on furlough, was injured very accrued prior to the passage of this act. seriously in an accident, and it was thought she would die. The bill was ordered to be engrossed and read a third time, He overstayed his furlough a few days. Thereupon, when was read the third time, and passed, and a motion to recon he returned to his company in Virginia, he was charged sider laid on the table. with desertion. Before he went away on his furlough the JOHN S. CANNELL veteran states that he mailed to the bank near where he The next business was the bill, H. R. 1575, to correct the lived cash in an envelop, upon which he drew a check for military record of John S. Cannell, deceased. $25. That check was drawn upon this bank where he had There being no objection, the Clerk read the bill, as reason to believe his money had gone for deposit. I may follows: say that he was court-martialed for desertion and he was also court-martialed for forgery in connection with this Be it enacted, etc., That in the administration of any laws con ferring rights, privileges, and benefits upon honorably discharged check for $25. The facts are that he did overstay his leave. soldiers, their widows, or dependent relatives, John S. Cannell, He does not deny it; but I believe he was excusable. late of the Provisional Military Police Company, First Depot Divi Now, with respect to the check. There were four speci sion, American Expeditionary Forces, shall be held and consid ered to have been honorably discharged from the military service fications in the charge respecting the check and he was of the United States as a member of said organization on the 13th acquitted on two of those specifications. The two specifica day of September 1918: Provided, That no back pay or allowance tions on which he was acquitted were for forging the check shell be held to have accrued prior to the passage of this act, and for obtaining money on the check. He was convicted except what may accrue by reason of the World War Adjusted Compensation Act. on an alleged charge of forging a lieutenant's name to the check where he was acquitted for having received the money Mr. HOPE. Mr. Speaker, I offer the following amend covering the $25 proceeds of the check in connection with ment, which I send to the desk. the cashing of the check. The Clerk read as follows: In reviewing this case the court held that there was not Amendment by Mr. HoPE: Page 1, strike out all of lines 11, 12, sufficient testimony to show the genuineness of the signature and 13, and insert in lieu thereof the following: "That no bounty, back pay, pension, or allowance shall accrue as a result of the of Lieutenant Delaney, whose name was shown to have been passage of this act, except what may accrue by reason of the World forged, and virtually held that he should not ·have been War Adjusted Compensation Act." convicted for forgery, because the court reduced the rnntence The SPEAKER. The question is on agreeing to the from 3 years to 1 year. Finally he was relieved of the amendment. entire sentence by Executive order and given a discharge, The amendment was agreed to, and the bill, as amended, which was neither honorable nor dishonorable. Moreover, was ordered to be engrossed and read a third time, was read the usual proviso obtains in this bill that no back pay shall the third time, and passed, and a motion to reconsider attach. was laid on the table. Mr. TRUAX. Were not the members of the court martial in possession of all . the evidence at the time the court WILLIAM ESTES martial was held and this man was convicted and sentenced The Clerk called the next bill, H. R. 2485, for the relief to ·a 3-year term on the charge of forgery and desertion? of William Estes. Mr. WHITTINGTON. I will answer the gentleman by There being no objection, the Clerk read as follows: saying that this veteran, who volunteered, stated that he Be it enacted, etc., That in the administration of any laws con asked for further time, asked for an opportunity to cor ferring rights, privileges, or benefits upon honorably discharged respond with the bank where he had deposited his money, soldiers William Estes shall be held and considered to have been honorably discharged from the military service of the United States and that opportunity was denied him. He was kept in as a private in Company C, Seventh Regiment Enrolled Missouri prison. He was tried without an opportunity of explaining Militia: Provided, That no bounty, pay, or allowance shall accrue the bank deposit, and I will say as a lawyer that he would pr_ior to the pa.ssage of this act. not have been convicted of forgery. At most it was a case The bill was ordered to be engrossed and read a third time, of giving a check, with no money to the credit of the veteran was read the third time, and passed, and a motion to recon in the bank. I further state that the War Department, in sider was laid on the table. the report, said that it was without authority to change the ROBERT D. HUTCHINSON record. The Clerk called the next bill, H. R. 3787, for the relief of Mr. TRUAX. Neither do they make any recommendation. Robert D. Hutchinson. Mr. WHITTINGTON. No; there is no recommendation, The SPEAKER. Is there objection to the present con but he states, as in practically all similar cases, that he is sideration of the bill? without authority to make any change in the man's record. Mr. TRUAX. Reserving the right to object, this is a case Mr. TRUAX. But we do often find a recommendation where a general court martial imposed a 3-year sentence on from the Secretary that the status be changed. There is a conviction of desertion and forgery. The bill seeks to re no such recommendation in this case. store his military status so that a pension can be drawn. In Mr. WHITTINGTON. No. We have no such recommen the face of this unfavorable report from the War Depart dation. ment, I am forced to object to the passage of the bill. Mr. TRUAX. I ask that the gentleman consent to passing Mr. WHITTINGTON. Will the gentieman reserve his this bill over without prejudice. objection? Mr. WIDTTINGTON. Of course, I may be forced to do Mr. TRUAX. I will reserve the objection. that, but I do want to say that I have the record of the Mr. WIDTTINGTON. With all deference, I call the gen trial, and it was presented to the committee, and that the tleman's attention to the report of the War Department. I reviewing court, on the only pertinent and material facts, am unable to concur in his conclusion that it is unfavorable. made the statement that there was doubt as to the genuine The Department makes no recommendation. ness of the signature that was said to have been forged. In Mr. TRUAX. Does the gentleman deny the guilt of the any court in the land a judge making that decision would veteran of the charges upon which he was convicted? have reversed the case or discharged the prisoner. I do -2042 ·CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 say in this connection that this bill has been favorably re was incompetent. I would appreciate it if the gentleman ported in previous Congresses. It was on the call last ses wollld withdraw his objection and give this young man a sion and just missed being reached. Furthermore, accord chance, for this case has been pending some 3 years, and I ing to the testimony-and I have reviewed the entire court would remind the gentleman of the fact that we have just martial record, and I have it here, and it bears out the passed a number of similar bills today. statements I have made-he was acquitted of all specifica Mr. HANCOCK of New York. Mr. Speaker, I demand tions in connection with the alleged forgery except the two the regular order. with respect to which the reviewing court said there was Mr. TRUAX. Mr. Speaker, I ask that the bill be passed grave doubt. I say that, in view of the fact that the sen over without prejudice. tence was reduced from 3 years to 1 year, the fact that he The SPEAKER. Is there objection to the request of the volunteered for service, the fact that he was in prison for gentleman from Ohio? · months, and the further fact, as shown by the testimony There was no objection. and as disclosed by the hearings before the Military Affairs JOHN H. D. WHERLAND, ALIAS HENRY LOWELL Committee, that he has borne a good reputation, both before The Clerk called the next bill, H. R. 3830, for the relief and since his service in the Army, he is entitled to the small of John H. D. Wherland, alias Henry Lowell. share of any relief, after the passing of 15 years, that may The SPEAKER. Is there objection to the present con result from the passage of the bill. sideration of the bill? Mr. TRUAX. I would say that this man was given the Mr. HOPE. Mr. Speaker, I object. only kind of a discharge that the War Department could give him at the time; it was neither honorable nor dis HARRISON BRAINARD, ALIAS HARRY WHITE honorable. The Clerk called the next bill, H. R. 1637, for the relief Mr. WHITTINGTON. That is very true. of Harrison Brainard, alias Harry White. Mr. TRUAX. It merely stated the facts as they existed in The SPEAKER. Is there objection to the present con.. the case. There has been nothing introduced here to prove sideration of the bill? that the two charges were unfounded; he was convicted on Mr. TRUAX. Mr. Speaker, there is no recommendation those two charges. attached to the bill. Therefore, I object. Mr. WHITTINGTON. Will the gentleman from Ohio per WALTERS. BRAMBLE mit me to repeat that the entire record was before the Com The Clerk called the next bill, H. R. 3558, for the relief of mittee on Military Affairs, and I have a report here from Capt. Walter S. Bramble. The Adjutant General's Office giving the findings of the re There being no objection, the Clerk read the bill, as fol viewing court on the question of forgery. In view of the lows: findings of that court, the sentence was reduced from 3 years Be it enacted, etc., That the Comptroller General of the United to 1 year. I submit again, and wish to emphasize, that when States be, and he is hereby, authorized and directed to adjust and the reviewing court said that there was no testimony to sup settle the claim of Capt. Walter s. Bramble, Quartermaster Corps, port the charge of forgery this young man has been more United States Army, in the sum of $1,174.19, on account of stop page of pay as the result of the loss of public funds due to financial than sufficiently punished, having been imprisoned for sev irregularities and frauds against the Government, in the handling eral months for overstaying his leave or furlough. of public funds by a civilian employee of the Quartermaster Corps Mr. TRUAX. Mr. Speaker, if the gentleman will permit at Camp Custer, Mich., during the period from April 1924 to October an interruption, the bill seeks to restore a pensionable status 1927, for part of which Captain Bramble has been held responsible, to this man, does it not? and to certify the same to Congress for an appropriation. Mr. WHITTINGTON. For any benefits that may here The bill was ordered to be engrossed and read a third after accrue, not for any benefits before · the passage of the time, was read the third time, and passed, and a motion to bill. reconsider was laid on the table. Mr. TRUAX. Does the gentleman ·believe it is fair and LOUIS ZAGATA just to the thousands of veterans who have been denied The Clerk called the next bill, H. R. 340, for the relief pensions, or whose pensions have been reduced, to make an of Louis Zagata. exception in the case of an enlisted man who was convicted There being no objection, the Clerk read the bill, as of desertion and forgery, giving him a privileged status? follows: That is what we will be doing if we pass this bill. Be it enacted, etc., 'J,"hat the Secretary of the Treasury be, and Mr. WHITTINGTON. In reference to the desertion, I am he is hereby, authorized and directed to pay, out of any money in reasonably certain there would never have been any charge the Treasury not otherwise appropriated, to Louis Zags.ta the sum with respect to desertion in the case of this young man-who of $1,000, covering bond guaranteeing the departure from the United States of Stanislaw Ba.ban, alien, who disappeared, causing remained over because his mother was almost fatally injured forfeiture of the bond, and who was later apprehended and in a wreck, and remained only after he had wired his lieu deported: Provided, That no part of the amount appropriated in tenant twice, as shown by the hearings before the Com this act in excess of 10 percent thereof shall be paid or delivered mittee on Military Affairs, for permission to overstay his to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It leave. I think to permit that judgment to stand would be shall be unlawful for any agent or agents, attorney or attorneys, unconscionable; and for this reason I believe the commit to exact, collect, withhold,. or receive any sum of the amount tee was warranted in reporting out the bill to give this appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract young man a chance from now on. The bill is not retro to the contrary notwithStanding. Any person violating the pro active. In view of the record in this case, failure to pass visions of this act shall be deemed guilty of a misdemeanor and this bill would work a very grave injustice. The veteran upon conviction thereof shall be fined in any sum not exceeding volunteered and the record of his discharge should not longer $1,000. stand as either honorable or dishonorable. With the following committee amendment: Mr. TRUAX. Mr. Speaker, most of the bills on the Pri Page 1, line 5, after the word "appropriated", insert the follow vate Calendar today seek to restore the military status of ing: " and in full settlement of all claims against the Government men who have been dishonorably discharged. of the United States." Mr. Speaker, I ask that this bill be passed over without The committee amendment was agreed to. prejudice. The bill was ordered to be engrossed and read a third Mr. WHITTINGTON. Mr. Speaker, I may state to the time, was read the third time, and passed, and a motion to gentleman from Ohio that I have the testimony which was reconsider was laid on the table. presented to the committee. This bill has been reported out and passed at two sessions of Congress. I have taken it up ALEX TERLIZZI with the committees handling the Private Calendar on both The Clerk called the next bill, H. R. 373, for the relief of sides several times and they have said there was no objec Alex Terlizzi. tion. I shall be glad to leave with the gentleman the re Mr. TRUAX. Mr. Speaker, as I understand this bill, it port of the reviewing court in which they said the testimony seeks to reimburse the American Surety Co., of New York. . CONGRESSIONAL .RECORD-HOUSE 2043 1935 l - - .. .. . ' . - in the sum of $2,000. As I understand the surety business. Mr. Speaker, I ask unanimous consent that the bill be they must and are compelled to take losoos at various times. passed eyer without prejudice. retaining its place on the I am opposed to the enactment of special legislation for the calendar. . relief of the American Surety Co., or any other surety com Mr. TRUAX. Mr. Speaker, reserving the right to object.. pany. Therefore, Mr. Speaker, I object to the bill. may I ask the gentleman from Virginia [Mr. BLAND] a ques .. Mr. SABATH. Mr. Speaker, will the gentleman withhold tion about the bill? The $62,000 mentioned by the gentle .. his objection for a moment? man from Texas [Mr. BLANTON] includes $20,000 as I under.. Mr. TRUAX. I withhold my objection. stand it for profits. Mr. SABATH. I desire to take opportunity durmg the Mr. BLAND. That is true. consideration of this bill to compliment the committee on Mr. TRUAX. This to be paid to a war contractor of a the able reports it has made on a number of the bills that job completed back in 1924. May I a.Sk the gentleman if he have been considered today. They have made very careful would consider an amendinent striking out and eliminating investigation of the facts in these cases. the $20,000 item? Mr. MOT!'. Mr. Speaker, this is a bill of the gentleman Mr. BLANTON. This bill merely sends the matter to the from New York [Mr. SNELL],. and I know the gentleman Court of Claims. · from New York is very much interested in it. It is a bill Mr. BLAND. I do-not believe that the bill as it is now which was considered at the last session. Would the gen drawn would permit profits to be included, because if the tleman have any objection to letting the bill go over to the gentleman will read the bill, it says, "actual loss", and I next call of the calendar? have some question about that matter. If it is going over, Mr. TRUAX. None at all. I shall be very glad to consider that matter, and I hope the Mr. MOTT. Then, Mr. Speaker> I ask unanimous consent gentleman will consider also the question of profit and that the bill be 'passed over without prejudice, to be called whether this bill would permit at a.11 of the recovery of the next time the Private Calendar is called. profit. The SPEAKER. Is there objection to the request of the Mr. TRUAX. I would be forced to object to its consider.. gentleman from Oregon? ation if profits were included in the bill. There was no objection. Mr. BLAND. I seriously question if that feature is in GERALD Jl(ACXEY this bill. The Clerk called the next bill, H. R. 3'78, for the relief of Mr. TRUAX. That is one of the hazards a contractor Gerald Mackey. takes when he bids on a job. The SPEAKER. Is there objection? Mr. BLANTON. Mr. Speaker, I ask unanimous consent There being no objection, the Clerk read the bill, as fol that it go over without prejudice and that it retain its place lows: on the calendar. Be it enacted, etc., That the Comptroller Genera! of the United The SPEAKER. Is there objection to the request of the States is hereby authorized &nd directed to examine, investigate, gentleman from Texas? and pay the claim of Gerald Mackey in such amount as 1ihe Comp troller General may determine to be fair and praper compensa - There was no objection. tion for actual damages to the person of Gerald Mackey, including RUTH RELYEA medical and hospital expenses and ·actual loss of earnings · proxi mately resulting from injuries sustained while assisting in ex The Clerk called the next bill, H. R. 419, for the relief of tinguishing the fire at the Veterans'. Administration facility, Sun Ruth Relyea. mount, N. Y., January 25, 1933, while serving as a member of the volunteer fire department of Tupper Lake, N. Y. .There The SPEAKER. Is there objection? is hereby appropriated, out of any money 1n the Treasury not Mr. HOPE. :Mr. Speaker, while there may be some lia .. otherwise appropriated, such sum as the Comptroller General may bility in this case, I believe that the amount carried in the find necessary for payment of the said claim, and payment by the is Comptroller General in accordance with this act shall be full and bill excessive. I prefer not to object to the bill at this final settlement of the said claim of Gerald Mackey against the time; therefore, I ask unanimous consent that it be passed United States on account of such injuries: Provided, That in over without prejudice. addition to the evidence otherwise required and as a condition to The SPEAKER. Is there objection to the request of the payment of the claim, the said Gerald Mackey shall be required to submit proof satisfactory to the Comptroller General that he has gentleman from Kansas? not obtained settlement of the claim f.rom a person other than the There was no objection. United States and shall be required to surrender to the United States any and all claim on account of the injuries heretofore JACOB SANTAVY described as against any person other than the United States. The Clerk called the next bill, H. R. 426, for the relief of The bill was ordered to be engrossed and read a · third Jacob Santavy. time, was read the third time, and passed, and a. motion to The SPEAKER. Is there objection? reconsider was laid on the table. There being no objection, the Clerk read the bill, as VIRGINIA ENGINEERING CO., INC. follows: The Clerk called the next bill, H. R. 396, for the relief of Be it enacted, etc., That the Secretary of the Treasury be, and be is hereby, authorized and directed to pay to Jacob Santavy, of the Virginia Engineering Co., Inc. Toledo, Ohio, out of any money in the Treasmy not otherwise Mr. BLANTON. Mr. Speaker, reserving the right to object, appropriated, the sum of $10,000 for personal injuries and prop "this bill involves a claim of $62,000, and I ask unanimous con erty damage sutrered as a result of being struck by a car driven by sent that it go over without prejudice.. I want make a Charles Graham and William Appleman. two Federal prohibition to officers, while 1n the performance of their duty, on August 18, further investigation 1927. Mr. BLAND. If it goes over without prejudice, will we have an opportunity to reach it again? With the following committee amendments:- in Mr. BLA..~N. SUrely, we shall have that opportunity in On page 1, line 6, strike out .. $10,000 .. and insert lieu thereof, -·· $5,(){ID in full settlement of all claims against the Gov a short time. ernment of the United States"; on page 11, a.fter the figures · Mr. BLAND. But we usually begin at the star. " 1927 ", insert a colon and the following: Mr. BLANTON. I ask that the bill go over and retain its Provided, That no part of the amount appropriated in this act in place on the calendar. excess of 10 percent thereof shall be paid or dellvered to or received by any agent or agents. attorney or attorneys, on account of serv · Mr. BLAND. It will retain its place on the calendar, but ices rendered in connection with said claim. It shall be unlawful if we start at the star, it will not be reached. for any agent or agents, attorney or attorneys, to exact, collect, Mr. BLANTON. There cannot be over 20 bills ahead of it. withhold, or receive a.ny sum of the amount appropriated in this act 1n excess of 10 percent thereof on account o! services rendered Mr. BLAND. Would the gentleman couple that with a in connection With said claim, any contract to the contrary not request that the bill may be taken up the next time? withstanding. Any person violating the provisions of this act shall Mr. BLANTON. That would follow, because there would be deemed guilty of a. misdemeanor and upon conviction thereof not be over 20 bills ahead of it due to the fact it holds its shall b~ fined in. a.ny sum not exceeding $1,000. place on the calendar. The committee amendments were agreed to. 2044 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 The bill was ordered to be engrossed and read a third time, of the United States Army, according to the evidence, en was read the third time, and passed, and a motion to recon gaged a taxicab to go to the ferry at Edgewater, N. J., sider was laid on the table. from Camp Merritt. On the way this soldier said he dropped GEORGE S. CONWAY, JR. his hat, and the claimant in this case undertook to get out The Clerk called the next bill, H. R. 529, granting compen- and pick up the hat. As he did this, the soldier fired a gun sation to George S. Conway, Jr. and killed the taxicab driver and also hit Northrop in the The SPEAKER. Is there objection? spine, paralyzing him so that today he is absolutely crippled There being no objection, the Clerk read the bill, as follows: for life. The War Department at first objected on the ground that Be it enacted, etc., That the Secretary of the Treasury be, and he ls hereby, authorized and directed to pay, out of any money in the this man was an imposter, because the culprit could not be Treasury not otherwise appropriated, the sum of $5,000 to George located, but after additional proof of the facts and circum S. Conway, Jr., of Englewood, N. J., as compensation for injuries, stances surrounding the case, the War Department, in its resulting in the loss of his right leg, which he sustained when he second report, withdrew its objection. was dropped or pushed, by a soldier of the United States, from the window of a train which ran over him a.t Englewood, N. J., August The evidence makes out a prima facie case that the assail 27, 1918. ant was a soldier of the United States. He was wearing the With the following committee amendments: regulation uniform of a United States soldier and had en gaged the taxicab at the camp, and it is a reasonable infer On page 1, line 7, strike out the words "as compensation" and insert in lieu thereof "in full settlement of all claims against the ence that if he were an imposter he certainly would not be Government of the United States", and on page 2, line 1, after the plying his trade in the neighborhood of this camp where figures "1918 ", insert a colon and the following: "Provided, That he would be apt and likely to be detected and apprehended no part of the amount appropriated in this act in excess of 10 per by bona fide soldiers or the military police. cent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in This is one of the cases which grew out of camp life at connection with said claim. It shall be unlawful for any agent or Camp Merritt, and I think it is just as meritorious as one agents, attorney or attorneys, to exact, collect, withhold, or receive of these cases that has just been passed where a little boy any sum of the amoutit appropriated in this act in excess of 10 per cent thereof on account of services rendered in connection With had his leg taken off by a train when he was lifted by a said claim, any contra.ct to the contrary notwithstanding. Any soldier to the window of the train and then dropped as it person violating the provisions of this act shall be deemed guilty started, so that one of the wheels passed over his leg. of a misdemeanor and upon conviction thereof shall be fined in any I believe in the circumstances of this case that the Gov sum not exceeding $1,000." ernment of the United States ought to respond for the The committee amendments were agreed to. action of one of its soldiers to a man who has been crippled The bill was ordered to be engrossed and read a third time, for life, as this young man has been. was read the third time, and passed, and a motion to recon Mr. HOPE. If the gentleman will permit right there, of sider was laid on the table. course, there is question as to whether or not this man THOMAS PERAGLIA was a soldier. He was never apprehended or identified as The Clerk called the next bill, H. R. 530, granting com a soldier. pensation to the estate of Thomas Peraglia, deceased. Mr. KENNEY. That is true. The SPEAKER. Is there objection? Mr. HOPE. And assuming he was in the United States There being no objection, the Clerk read the bill, as fol Army, he was not on duty at the time this shooting occurred. lows: Mr. KENNEY. No one can determine that fact, and I do Be it enacted, etc., That the Secretary of the Treasury be, and he not see how the gentleman can say that he was not. We ls hereby, authorized and directed to pay, out of any money in have to accept the prima facie evidence that .this man, on the Treasury not otherwise appropriated, the sum of $10,000 to leaving the camp and engaging a taxicab to go to New York, the estate of Thomas Peraglia, deceased, late of Palisades Park, Bergen County, N. J., as compensation for the death of the said wore the regulation uniform and was coming e>ut of the Thomas Peraglla, resulting from injuries he sustained when shot camp, where we would not expect an impostor to be, and I by a Federal prohibition officer at Palisades Park, Bergen County, think the Government ought to recompense the young man N. J., February 12, 1927. who has been crippled for life through the action of this With the following committee amendments: man who came out of the camp, which was a United States On page 1, line 5, strike out " $10,000 " and insert in lieu thereof reservation, wearing the uniform of the United States Army. "$7,500 "; and Mr. HOPE. Even assuming that to be true, still there is Page 1, line 7, after the words "New Jersey", strike out "as compensati.on " and insert in lieu thereof " in full settlement of all nothing in the report or in the record to show that this claims against the Government of the United States"; and soldier was acting in the discharge of his duties as a soldier Page 2, line 1, after the figures "1927 ", insert a colon and the er was on duty at the time this deplorable event occurred. following: " Provided, That no part of the amount appropriated in Here is simply a case where a soldier is riding around in a this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on taxicab and for some reason draws a gun and shoots the account of services rendered in connection With said claim. It driver and a passenger. Under these circumstances, does shall be unlawful for any agent or agents, attorney or attorneys, the gentleman think there is any liability upon the Govern to exact, collect, withhold, or receive any sum of the amount ap propriated in this act in excess of 10 percent thereof on account ment of the United States to pay damages? of services rendered in connection with said claim, any contract Mr. KENNEY. The gentleman might take the case of a to the contrary notwithstanding. Any person violating the pro wagon going down the street with a name of a firm on that visions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding wagon. You might say you could not prove that that wagon $1,000." belonged to anybody, but I do not think we would have to go that far if we would show the name of the concern that The committee amendments were agreed to. was on the wagon. This would be prima facie evidence The bill was ordered to be engrossed and read a third time, which, if not rebutted, would show that it belonged to the was read the third time, and passed, and a motion to recon- one whose name appeared on the wagon at that time. sider was laid on the table. - In this case i! this man were an impostor, it is very WALTER F. NORTHROP unlikely he would have been at this camp, which had mil The Clerk called the next bill, H. R. 531, granting com lions of soldiers there from time to time and as many as pensation to Walter F. Northrop .. 45,000 at one time. The whole camp was policed by nliu Mr. HOPE. Mr. Speaker, reserving the right to object, tary police and it is very unlikely that an impostor would I should like to have the author of this bill explain the be within the gates there. basis on which he thinks there is any liability against the We have the right to presume that this soldier, wearing United States under the circumstances that are shown in the regulation uniform, was a .llona fide soldier of the United the report. States, and in hiring this cab at the camp to go to Edgewater Mr. KENNEY. This case happened during the war days, for New York we have the right to assume and, I believe, when a United States soldier, or one wearing the uniform ought to assume that he was engaged in Government busi- 193.S CONGRESSIONAL RECORD-HOUSE 2045 ness until the contrary is shown; and this is something, in man had been a guard and someone had attempted rightfully the circumstances, you would not expect anybody to show, to enter the camp, and the soldier under those circumstances because it is a matter of defense on the part of the Govern should assault him, the Government undoubtedly would be ment, and I do not think the Government wants to deprive liable. But here is a soldier traveling in a taxicab, he is lea v .. this young man of this compensation which can scarcely ing the camp, and for some unknown reason makes an recompense him for the injury he has suffered. He now unprovoked assault on this man. I cannot conceive how hobbles around with his spine injured for life. He is maimed there can be any liability on the part of the United states and crippled and will be the rest of his days. under the.se circumstances. I feel the Government ought to fulfill what I regard to be Mr. KENNEY. Suppose the culprit was in the camp, ac.. its obligation in the small way provided by this bill. cepted as a United State.s soldier, and for some reason or Mr. HOPE. I am willing to agree with the gentleman other became demented in the camp, and the officers of the that if the-soldier was engaged in his duties as a soldier United States Government did not detect that; let us assume when he committed this assault, the Government of the .that in the service he lost his mind, just as any shell-shocked United St~tes should be responsible; but there is nothing in soldier on the field of battle might lose it; and further that the record to show this, and I do not agree with the gentle he, a soldier, left the camp and by reason of his activities man that it is incumbent upon the Government to prove that there became insane while riding in the taxicab and shot he was not in the service, because all of the circumstances th~se two people, killing one and maiming the other for life, and the evidence indicate that he was not engaged 1n the does not the gentleman feel there would be some obligation performance of his duties as a soldier at that til:ne. Let me upon the part of the United States Government, for certainly ask the gentleman this que.stion: If this were a case where the gentleman does not believe that any soldier of the United the party who committed the crime was working for a pri States in his proper senses would, without provocation or vate employer, would he consider the private employer liable motive, commit an act of this kind unless he was demented? for the action of the employee under circumstances similar Mr. HOPE. The gentleman is indulging in a lot of sup.. to these? positions, and if I agreed with all of the suppositions, per.. Mr. KENNEY. I would. If any private employee wore haps I might agree with him. a uniform of his employer with his name on it, I would say Mr. TRUAX. Mr. Speaker, in view of the controversy here, that the employer would have to respond in damages. I I ask unanimous consent that the bill be passed over without aITT-ee with the gentleman that if this happened in Penn prejudice. sylvania or New York, away from a milit31ry camp, there The SPEAKER. Is there objection? might be some question about the standing of the culprit, There was no objection. but you have the added fact, the further evidence, that this FRED C. BLENKNER man engaged the cab at a camp under military authority. The next business was the bill, H. R. 593, for the relief of It is very unlikely that an imposter would go into a camp Fred C. Blenkner. or to the threshold of a camp and take all the chances of The SPEAKER. Is there objection? detection. Here we have established the fact that he en Mr. HANCOCK of New York. Mr. Speaker, I reserve the gaged the cab in a regular way at a military camp aind it right to object. From the meager information I can get seems to me that we have established a prima facie case from the report, it seems to me that the proper remedy of this that he was a soldier of the United Staites. claimant is against the Colt's Patent Fire Arms Manufac.. Mr. HOPE. It seems to me if there was any presumption turing Co. at all, the presumption would be that he was not engaged Mr. LAMNECK. Under contract made between the War in his duty as a soldier, that he hired a taxicab and started Department and this man it was provided that the Govern for his destination to have a good time. ment should pay 15 cents per sight for all sights they used Mr. KENNEY. This was a camp of embarkation. There on this particular gun. When the war broke out they had were many going from this camp to New York, Hoboken, and them on every machine gun and rifle in the serirlce of the other points continually. Let me say that the War Depart United States. The Government for 11 years never made an ment at first took the view of this case that the gentleman accounting to this man until after the war was practically has taken and later changed views as appears in the second over and he discovered his sights on the machine guns in report. California. The Government :finally made an accounting Mr. HOPE. I have read the report, and the War Depart and told him they had paid him for a few o.f the sights, but ment makes no recommendation either way. for 20,000 sights they did not pay at ·aII. Mr. KENNEY. At first it was against the bill. In the Mr. HANCOCK of New York. lllat contract had special second report it withdrew its objection and left it to Con reference, did it not. to the guns made by the Government in gress to determine. its own arsenals? It was a royalty to be paid by the Gov .. Mr. HOPE. Yes. And it seems to me that this is estab ernment to the owners of this patent. lishing a very unsound precedent, to say under the circum Mr. LA.MNECK. He sold this patent to the Government, stances existing in this case that the Government of the for which they were to pay him 15 cents per sight, and the United states is liable for any act that a soldier may commit. contract provides no other person is allowed to use these Even assuming, which you have to do, that the man was a sights. The Government permitted the Vickers Co. and some soldier, there being no direct evidence to that effect. other arms company to use this sight without consent on Mr. KENNEY. Is there not some evidence when we estab the part of the patentee. lish the fact that this man wore a regulation uniform. that Mr. HANCOCK of New York. In this case the Govern he was leaving a military camp; does not the gentleman ment bought some guns from the Colt Co., and the.Colt Co. think that is some evidence that the man was a United used some of the sights for which this man claims a royalty. States soldier? Mr. LAMNECK. I do not know about that. Mr. HOPE. It raises a presumption, but it does not go to Mr. HANCOCK of New York. Are not those the facts in the extent of establishing the fact that he was in the per this case? formance of his duty. Mr. LAMNECK. I do not think so. Mr. KENNEY. I think the presumption would continue. Mr. HANCOCK of New York. The contract the Govern .. The man left the camp in a Federal uniform, engaged a cab ment had with the Colt Co. was that the Colt Co. was to to leave it, as was a usual custom, and it seems to me suffi save the Government harmless. cient evidence is therefore presented to justify us to say that Mr. LAMNECK. If he made a contract with the gentle he was a soldier of the Army and was lawfully engaged in man, and the gentleman agreed to pay him 15 cents a sight, his duty as a soldier. does the gentleman not think that he ought to see to it that Mr. HOPE. As.5uming that was the case, it was no part of nobody made them unless he got more money for them? It his duty to assault the man, as is shown in this case. If the seems to me that that wa.s a plain business proposition. '2046 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 Mr. HANCOCK of New York. Of course, I have not seen Mr. HANCOCK of New York. But what is the conclusion? the contract, but my understanding is that it refers to the Mr. LAMNECK. They say that he has no legal right of sights used on guns the Government itself makes. action for recovery of royalty, and the question of relief for Mr. LAMNECK. What right would the Government have, Blen:kner is wholly within the discretion of Congress. I can if he sold the exclusive right to the patent, to permit some not see that viewpoint, because it seems to me if ever a man body else to use it unless the Government paid him? ought to have a bill paid it is this man. In view of the cir Mr. HANCOCK of New York. I should think that would cumstances that he contributed this great invention to the be a matter to be determined between the Colt Co. and the Federal Government and it was used in the prosecution of owner of the patent. the war, it seems to me the least we can do is to pay it. Mr. LAMNECK. The Government, in addition, was sup Mr. HANCOCK of· New York. It boils down to this, that posed to make an accounting to this man, and never made the Government bought some arms from the Colt Arms Co.? an accounting for 11 years. Here is a man who spent his Mr. LAMNECK. And they manufactured a lot of them life developing this sight, and no doubt saved many thou themselves. sands of lives during the war. ·Mr. HANCOCK of New York. Under the contract it was Mr. HANCOCK of New York. Eventually there was an provided that the Colt Arms Co. should hold and save harm accounting; and a settlement was made, was it not? less the United States Government against all liability for Mr. LAMNECK. A settlement for part of them. Twenty claims on account of patent rights granted by the United thousand sights they agree they did not settle for. I think States. it is an outrage, the way the contract was handled. - The Mr. LAMNECK. But what right did the Government have Government made a contract with the man for $95,000 and to give them that permission when the Government had a agreed to make an accounting every 6 months, and they did contract with this man? He was not doing any business with not do it for 10 years, and the on:Iy way he ever found that the Colt firearms people at all. these sights were used at all was discovering them on some Mr. HANCOCK of New York. Is it the gentleman's con of the machine guns in California. tention that the Government specified these rights in a Mr. HANCOCK of New York. Has not this claimant re contract with the Colt Co. and authorized· the company to course against the Colt Arms Co. for using his patent with put them on the guns without making any provision to pay out a license or the payment of a license fee? Blen:kner? Mr. LAMNECK. I do not know; he may have. I think the Government owes him this money at least, and I think Mr. LAMNECK. That is exactly my contention. He never they owe him a lot more. was paid for the privilege of using 20,000 of these. The bill Mr. HANCOCK of New York. Has not the Government is small and I think the least we could do is to pay it. I paid the Colt Co. for these guns and sights? believe the man is justly entitled to it if there ever was a just Mr. LAMNECK. Perhaps it did. I do not know if they claim. In view of the circumstances that he is destitute and used any. Here is a man who is absolutely destitute. He has lost all of his property, I think we ought to pay the bill. bas lost all of his property and spent all of the money he Mr. HANCOCK of New York. I accept the gentleman's ever got out of this trying to get the case in the Court of exp1anation. Claims, and could not get it there. The SPEAKER. Is there objection? Mr. HANCOCK of New York. Does the gentleman under There being no objection, the Clerk read as follows: stand what the attitude of the War Department is on this Be it enacted, etc., That the Secretary of the Treasury be, and matter? he is hereby, directed to pay, out of any money in the Treasury of the United States not otherwise appropriated, to Fred C. Blenkner Mr. LAMNECK. I have a letter here from Secretary of the sum of $67,652.75 in full compensation for infringement of War Hurley in which he admits that they had manufac letters patent issued to said Fred C. Blenkner by the United States, tured these sights for which they had not paid a royalty, to wit, Patents Nos. 870337 and 919525. and, if the Congress saw fit to pay this man $3,000 or what With the following committee amendments: ever the amount is under the claim, the War Department Page l, line 6, strike out "$67,652.75" and insert in lieu thereof would have no objection. "$3,071.25 "; at the end of the line, strike out the word "com Mr. HANCOCK of New York. How was that figure pensation " and insert in lieu thereof " settlement of all claims reached? against the Government of the United States"; and on line 10, Mr. LAMNECK. Fifteen cents a sight on 20,475 sights. after the figures, insert "and for payments due as a royalty under a license agreement entered into by the United States Government Mr. HANCOCK of New York. The original claim put in with the said Fred C. Blenkner for manufacture or use of patents the bill was $67 ,000. · above referred to: Provided, That no part of the amount appro Mr. LAMNECK. I think originally it was figured at 75 priated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attor cents a sight. The bill was introduced before I came to neys, on account of services rendered in connection with said Congress. claim. It shall be unlawful for any agent or agents, attorney or Mr. ANDREWS of New York. How much is figured· on attorneys, to exact, collect, withhold, or receive any sum of the the sights now? amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any Mr. LAMNECK. Fifteen cents each. contract to the contrary notwithstanding. Any person violating Mr. ANDREWS of New York. Does the contract pre the provisions of this act shall be deemed guilty of a misdemeanor scribe the price? and upon conviction thereof shall be fined in any sum not ex Mr. LAMNECK. Yes; 15 cents. ceeding i1,ooo:· . Mr. HANCOCK of New York. The gentleman says the The bill as amended was ordered to be engrossed and read Secretary of War interposes no objection to the payment of a third time, was read the third time, and passed, and a this claim? motion to reconsider was laid on the table. Mr. LAMNECK. The dtiference between the number of sights manufactured by or for the Government of the United LOGAN MULVANEY States for which Mr. Blenkner has not been paid is 20,475, The Clerk called the next bill, H. R. 816, for the relief of at 15 cents per sight, which amounts to $3,071.25. Then he Logan Mulvaney. goes on to say that some of these sights were manufactured There being no objection, the Clerk read as follows: by the Colt Firearms Co., and some by Vickers Co., Ltd. Be it enacted, etc., That the Secretary of the Treasriry be, and he · Mr. HANCOCK of New York. What recommendation is is hereby, authori.2.ed to pay, out of any funds in the Treasury not otherwise appropriated, to Logan Mulvaney, the sum of $358.56 in made? full settlement of all claims against the United States for property · Mr. LAMNECK. As far as the War Department record destroyed by fire at Fort Oglethorpe, Ga.., on February 18, 1922. shows, the gun sights were assembled when delivered. At any rate, the records clearly show that the total number of With the following committee amendment: sights similar to the Blenkner patents manufactured for In line 6, strike out " $358.56 " and insert in lieu thereof the United States Government was ?05,674. They on:Iy paid .. $233.40." for 80,000. The committee amendment was agreed to. 1935 CONGRESSIONAL RECORD-HOUSE 2047 The bill as amended was ordered to be engrossed and read There being no objection, the Clerk read the bill, as fol- a third time, was read the third time, and passed, and a lows: motion to reconsider was laid on the table. Be it enacted, etc., That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged HESTER HAMILTON soldiers John J. O'Connor, who was a member of Company K, The Clerk called the next bill, H. R. 829, granting 6 Forty-third Regiment United States Volunteer Infantry, shall hereafter be held and considered to have been honorably dis months' pay to Hester Hamilton. charged from the military service of the United States as a cor There being no objection, the Clerk read as follows: poral of that organization on the 15th day of November 1899: Provided, That no bounty, back pay, pension, or allowance shall Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized and directed to pay, out of the appropriation be held to have accrued prior to the passage of this act. "Pay of the Army, 1935 ", to Hester Iiamilton, dependent mother The bill was ordered to be engrossed and read a third of Milton Hamilton,.deceased, late of Company K, Twenty-second Regiment United States Infantry, an amount equal to 6 months' time, was read the third time and passed, and a motion to pay at the rate said Milton Hamilton was receiving at the date of reconsider was laid on the table. his death. GUY CARLTON BAKER The bill was ordered to be engrossed and read a third The Clerk called the next bill, H. R. 2311, to correct the time, was read the third time, and pa£sed, and a motion to records of the- War Department to show that Guy Carlton reconsider was laid on the table. Baker and Calton C. Baker or Carlton C. Baker is one and CARRIE M'INTYRE the same person. The Clerk called the next bill, H. R. 1438, for the relief of Mr. TRUAX. Mr. Speaker, this bill seeks to go back to Carrie Mcintyre. · 1812 to change the records of this veteran. Mr. Speaker, I The SPEAKER. Is there objection to the present con ask unanimous consent that the bill may be passed over without prejudice. sideration of the bill? Mr. HANCOCK of New York. Reserving the right to ob The SPEAKER. Is there objection to the request of the ject, will the author please give us some reason for the gentleman from Ohio? passage of a bill of this kind? There was no objection. Mr. ANDREWS of New York. This is a very meritorious JAMES R. DA VIS, JR. case. It was acted upon favorably by the Seventieth Con The Clerk called the next bill, H. R. 2431, for the relief gress. This is a case where a soldier enlisted in 1925 and of James R. Davis, Jr. failed to name a beneficiary. His mother and family are Mr. TRUAX. Mr. Speaker, there is no report from the in very bad financial circumstances at the moment, and I War Department accompanying this bill. For this reason am instructed that a number of people at Niagara Falls are I ask unanimous consent that it be passed over without very much interested in this case because of its worthiness. prejudice. It is simply a case to clear a man's record and to insert The SPEAKER. Is there objection to the request of the his mother's name as beneficiary so that she may be en gentleman from Ohio? titled to 6 months' pay naturally due a soldier. There was no objection. Mr. HANCOCK of New York. I thank the gentleman for CHARLES DA VIS his very clear statement. The Clerk called the next bill, H. R. 2480, for the relief The SPEAKER. Is there objection? of Charles Davis. There was no objection. There being no objection, the Clerk read the bill, as fol The Clerk read as follows: lows: Be it enacted, etc., That Carrie Mcintyre, mother of Henry D. Be it enacted, etc., That the Secretary of War be, and he is Mcintyre, who served as a private in Service Company, Fourth hereby, authorized and directed to pay out of the appropriation Regiment, United States Infantry, shall be considered as the duly "Pay of the Army, 1928 ", to Charles Davis, father of the late designated beneficiary of the late Henry D. Mcintyre under the Charles L. Davis, private, first class, Battery E, Fifty-second Coast act approved May 11, 1908, as amended by the act approved March Artillery, United States Army, who died on May 9, 1926, the sum 3, 1909 (35 Stat. L. 108 and 735). of $279, the amount equal to 6 months' pay at the rate said With the following committee amendments: Charles L. Davis was entitled to receive at the date of his death. Page 1, line 6, after the word "beneficiary", insert the words With the following committee amendment: "and dependent"; and in line 7, after the word "approved", That Charles Davis, father of the late Charles L. Davis, private, strike out "May 11, 1908, as amended by the act approyed March first class, Battery E, Fifty-second Coast Artillery, United States 3, 1909 (35 Stat. L. 108 and 735)" and insert in lieu thereof Army, who died on May 9, 1926, shall be regarded as the duly "December 17, 1919 (14 Stat. 367) ." designated beneficiary and dependent of the late Charles L. Davis, under the act approved December 17, 1919 (41 Stat. L. 367). The committee amendments were agreed to. The bill as amended was ordered to be engrossed and read The committee amendment was agreed to. a third time, was read the third time, and passed, and a The bill was ordered to be engrossed and read a third motion to reconsider was laid on the table. · time, was read the third time, and passed, and a motion to reconsider was laid on the table. CLIFFORD N. RAYMOND The Clerk called the next bill, H. R. 1442, for the relief SAMUEL KAUFMAN of Clillord N. Raymond. The Clerk called the next bill, H. R. 3105, for the relief of · Mr. TRUAX. IVIr. Speaker, there is an adverse report Samuel Kaufman. on this bill, from which I read the following: Mr. HOPE. Mr. Speaker, reserving the right to object, I Inasmuch as the form of discharge certificate furnished to this wish to ask the author of the bill a few questions. As I soldier was specifically ordered by the President to be issued to understand it, the beneficiary under this bill is drawing com him, I am without authority to amend the records • • •. pensation at the present time, is he not? Mr. ANDREWS of New York. Mr. Speaker, will the gen Mr. DOCKWEILER. That is right. Dr. Kaufman has a tleman reserve his objection and allow the bill to be passed permanent partial rating of 60 percent, or did have at the over without prejudice? time of the enactment of the Economy Act. His compensa Mr. TRUAX. Mr. Speaker, I ask unanimous consent that tion was reduced to $50 under the Economy Act. He was the bill may be passed over without prejudice. mustered out of the Army with what appeared to be only The SPEAKER. Is there objection to the request of the slight injuries, but he developed permanent injuries after gentleman from Ohio? ward due to a spinal fracture he received in the Philippines, There was no objection. coupled with malaria. Mr. HOPE. Is he drawing compensation under the World JOHN J. O'CONNOR War Act? The Clerk called the next bill, H. R. 1951, for the relief Mr. DOCKWEILER. Only just as a veteran; that is all. of John J. O'Connor. Mr. HOPE. As a Regular Army man? 2048 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15

Mr. DOCKWEILER. As a Regular Army veteran; that is PERMISSION TO ADDRESS THE HOUSE correct. Mr. BURDICK. Mr. Speaker, if it will not interfere with Mr. HOPE. What rate of compensation is he drawing? the proper dispatch of business, I ask unanimous consent to Mr. DOCKWEILER. Fifty dollars. He was mustered from address the House for 15 minutes on Monday next after the Army apparently in good health. While he had a slight disposition of the business on the Speaker's table, in refer eczema and a few other things, he was mustered out with ence to the emergency relief in the drought area. apparently no permanent disability. My colleague the gen Mr. TAYLOR of Colorado. Mr. Speaker, there will be tlewoman from California [Mrs. KAHNl originally introduced time enough in general debate for these speeches, and there this bill. fore I must object to setting them in advance. Mr. HOPE. Has this bill been submitted to the War De SENATE BILLS REFERRED partment and have they made any recommendation? I see no recommendation of the War Department here. Bills of the Senate of the following titles were taken from Mr. DOCKWEILER. No; the committee made the recom the Speaker's table and, under the rule, referred as follows: mendation. There is no recommendation from the War De S. 250. An act authorizing the Brookewell Bridge Co. to partment; they just give a history of the case. construct, maintain, and operate a toll bridge across the Ohio Mr. HOPE. Has the bill been submitted to the War De River at or near Wellsburg, W. Va.; to the Committee on In partment? terstate and Foreign Commerce. Mr. DOCKWEILER. I assume so from the fact that it has S. 266. An act to provide for the erection of a public his been before the committee and that the committee has taken torical museum in the Custer Battlefield National Cemetery, it up. Mont., to the Committee on Military Affairs. Mr. HOPE. This man was in the Regular Army and could S. 274. An act for the relief of Charles C. Floyd;_ to the have retired under the provisions applicable to that service. Committee on Military Affairs. · Mr. DOCKWEILER. That is right. S. 347. An act for the relief of James J. Jordan; to the Mr. HOPE. Can the gentleman tell us why he did not take Committee on Military Affairs. advantage of those provisions? S. 567. An act for the relief of Sarah Lloyd; to the Com mittee on Military Affairs. Mr. DOCKWEILER. Because at the time he was mustered out of the Regular Army he had only a slight j>ruritus, a S. 633. An act for the relief of Isaac Pierce; to the Com slight eczema of the left hand and both feet. He was mittee on Military Affairs. S. 634. An act to authorize the sale of a portion of the mustered out apparently not permanently disabled, or not Fort Smith National Cemetery Reservation, Ark., and for disabled in any great- degree. other purposes; to the Committee on Military Affairs. My colleague the gentlewoman from California [Mrs. S. 651. An act for the relief of Harry Flanery; to the Com .KAHNl originally introduced this bill. She knows this man is mittee on Military Affairs. permanently disabled. He cannot work. He was a dentist S. 653. An act for the relief of James W. Carmichael, de in the service. He is not able to attend to business. He has ceased; to the Committee on Military Affairs. to lie down some of the time because of a fracture of the S. 733. An act for the relief of William Burke; to the Com coccyx bone he received in the Philippines. He cannot stand mittee on Military .Afl'airs. and work. s. 735. An act for the relief of Wiener Bank Verein; to the There being no objection, the Clerk read the bill, as Committee on Claims. follows: s. 737. An act to amend section 4 of the act entitled "An Be it enacted, etc., That any disabllity incurred in line of duty by act to regulate the construction of bridges over navigable 8amuel Kaufman while serving as an offi.cer of the Army of the United States during the World War from June 16, 1916, to Decem waters '', approved March 23, 1906, as amended; to the Com- ber 15, 1922, inclusive, shall be deemed and considered to have been mittee on Interstate and Foreign Commerce. · so incurred while serving as an offi.cer of the Army of the United S. 746. An act for the relief of Joseph M. Thomas, alias States other than as an offi.cer of the Regular Army, so as to entitle Joseph Thomas, alias Thomas O'Donnell; to the Committee said Kaufman to the benefits and privileges of the Emergency Offi. cers' Retirement Act (Public, No. 506, 70th Cong.): Provided, That on Military Affairs. such disability rating is suffi.cient and said Kaufman is otherwise s. 812. An act authorizing the Arizona State Highway eligible for retirement under the terms and conditions of said act: Commission to construct, maintain, and operate a toll or Provided further, That. said Kaufman shall not be entitled to any back pay or allowances by the passage of this act. free bridge across the Colorado River at or near Parker, Ariz., within the Colorado River Indian Reservation; to the The bill was ordered to be engrossed and read a third time, Committee on Interstate and Foreign Commerce. was read the third time, and passed, and a motion to recon S. 8'.11. An act authorizing the President of the United sider was laid on the table. States to appoint Sergt. Alvin C. York as a major in the. JOSEPH J. M'MAHON United States Army and then place him on the retired list; The Clerk called the next bill, H. R. 3533, for the relief of to the Committee on Military Mairs. Joseph J. McMahon. s. 886. An act for the relief of Marino Ambrogi; to the Mr. TRUAX. Mr. Speaker, there is no report attached to Committee on Military Affairs. this bill. For this reason I ask unanimous consent that the s. 887. An act for the relief of Edward T. Costello; to the bill be passed over without prejudice. Committee on Military Affairs. The SPEAKER. Is there objection to the request of the s. 888. An act for the relief of Joseph Gorman; to the gentleman from Ohio? .committee on Military Affairs. There was no objection. s. 889. An act for the relief of Albert A. Marquardt; to the THOMAS LEE MITCHUM Committee on Military Affairs. s. 890. An act for the relief of Michael J. Moran; to the The Clerk called the next bill, H. R. 3547, for the relief of Committee on Military Affairs. Thomas Lee Mitchum. S. 891. An act for the relief of Hector H. Perry; to the The SPEAKER. Is there objection? Committee on Military Affairs. Mr. TRUAX. Mr. Speaker, we do not have that bill before S. 893. An act for the relief of Patrick J. Sullivan; to the us, and I ask unanimous consent that it be passed over, without prejudice. Committee on Military Affairs. s. 920. An act for the relief of Ruth J. Barnes; to the The SPEAKER. Is there objection to the request of the Committee on Claims. gentleman from Ohio? s. 943. An act to amend section 21 of the Interstate Com There was no objection. merce Act; to the Committee on Interstate and Foreign LEA VE OF ABSENCE Commerce. By unanimous consent, leave of absence was granted to s. 945. An act .tiQ amend sections 11 and 24 of the Inter Mr. MITCHELL of Illinois, indefinitely, on account of illness state Commerce Act; to the Committee on Interstate and in family. Foreign Commerce. 1935 CONGRESSIONAL RECORD-HOUSE 2049 S. 999. An act for the relief of Judson B. Isbester; to the mately 12 miles east of Alton, on Route No. 42, Oregon Committee on Military Affairs. County, Mo.; S. 1009. An act for the relief of George W. Baker; to the H. R. 3018. An act to extend the times for commenci...'lg Committee on Military Affairs. and completing the-construction of a bridge across the St. S. 1019. An act to define, regulate, and license real-estate Lawrence River at or near Alexandria Bay, N. Y.; brokers and real-estate salesmen; to create a Real Estate H. R. 3057. An act granting the consent of Congress to the Commission in the Di.strict of Columbia; to protect the public State of Oklahoma to construct, maintain, and operate a against fraud in real-estate transactions, and for other pur free highway bridge across the Arkansas River south of the poses; to the Committee on the District of Columbia. town of Sallisaw in Sequoyah and Le Flore Counties at a S. 1076. An act relating to the Oregon-Washington Bridge point approximately 15 miles north of Keota, in the State of Board of Trustees; to the Committee on Interstate and Oklahoma; Foreign Commerce. H. R. 3891. An act to extend the times for commencing and S. 1144. An act to further extend the time for constructing completing the construction of a bridge across the Waccamaw a bridge across the Missouri River at or near St. Charles, River at Conway, S. C.; Mo.; to the Committee on Interstate and Foreign Commerce. H. R. 3983. An act to legalize a bridge (known as " Union S. 1176. An act for the relief of Thomas A. Coyne; to the Street Bridge") across the Dan River at Danville, Va.; and Committee on Military Affairs. H. R. 4018. An act to provide for the investigation, control, S.1222. An act to further extend the times for commencing and eradication of marine organisms injurious to shellfish in and completing the construction of a bridge across the Mis the Atlantic and Gulf states. souri River at or near Garrison, N. Dak.; to the Committee • ADJOURNMENT on Interstate and Foreign Commerce. Mr. TAYLOR of Colorado. Mr. Speaker, I move the House S.1300. An act to amend the War Department Appropria do now adjourn. tion Act relative to the operation of motor-propelled ve hicles; to the Committee on Military Affairs. The motion was agreed to; accordingly Orange County, N. Y.; to the· Committee on Rivers and Harbors. Committee on Military Affairs. By Mr. CALDWELL: A bill (H. R. 5813) to retire Walter Also, a bill CH. R. 5801) to assure to persons within the L. Rosasco with the rank of second lieutenant, Air Corps, jurisdiction of every State the equal protection of the laws United States ¥my; to the Committee on Military Affairs. by discouraging, preventing, and ptinishing the crime of· By Mr. COLE of New York: A bill (H. R. 5814) to extend lynching; to the Committee on the Judiciary. the benefits of the Federal Employees' Compensation Act By Mr. LEA of California: A bill (H. R; 5802) to amend approv~d September 7, · 1916, as amended, to LaVantia H: section 601 of the Revenue Act of 1932, as amended, to pro Sinimons; to the Committee on the Civil Service. · vide for an excise tax on eggs and egg products; to the Com By Mr. DuNCAN: A bill (H. R. 5815) for the relief of mittee on Ways and Means. Bruce Bros. Grain Co.; to the Committee on Claims. By Mr. LUNDEEN: A bill (H. R. 5803) to provide comilen By Mr. EATON: A bill CH. R. 5816) to provide an appro sation to veterans of the Spanish-American War (including priation for the payment of claims of persons who suffered the Philippine Insurrection and the China -Relief Expedi property damage, death, or personal injury due to the ex tion) , the Civil War,- and the Indian wars for injuries or plosion at the naval ammunition depot, Lake Denmark, N. i., aggravations of injuries received as·the result of hospitali July 10, 1926; to the Committee on Claims. zation or medical or surgical examination or treatment; to By Mr. GREEN: A bill CH. R. 5817) for the relief of the Committee on Pensions. Francis G. Bishop; to the Committee on Military Affairs. By Mr. SffiOVICH: A bill CH. R. 5804) to exempt certain Also, a bill to promote the By Mr. GRANFIELD: A bill possession, and sale of alcoholic beverages in the District of granting a pension to Joseph Dion; to the Committee on Columbia; to the Committee on the District of Columbia. Pensions. By Mr. GRANFIELD: A bill

55, independent of State participation~ to the Conimittee on son, Pemiscot, Randolph, St. Louis, Scott, Stoddard, Ste. Ways and Means. Genevieve, St. Charles, and Washington, all numerously 1281. Also, petitions of certain citizens resident of the signed, urging enactment of House bill 2856, by Representa- _ State of Texas in the counties of Bowie, Crosby, Dallas, tive WILL ROGERS, of Oklahoma, embracing the Pope plan of Garza, Gregg, Grayson, Hunt, Hardeman, Jones, Lubbock, direct Federal old-age pensions of $30 per month to persons Morris, Robertson, Sabine, Shelby, Stephens, Travis, and over 55, independent of State participation; to the Commit Williamson, all numerously signed, urging enactment of tee on Ways and Means. House bill 2856, by Representative WILL ROGERS, of Okla 1290. Also, petitions of certain citizens resident of the homa, embracing the Pope plan of direct Federal old-age State of Georgia in the counties of Bartow, Cherokee, Chath pensions of $30 per month to persons over 55, independent of am, Clark, Colquitt, Dodge, Early, Emanuel, Evans; Floy~ State participation; to the Committee on Ways and Means. Fulton, Gilmer, Green, Hancock, Haralson, Harris, Muscogee, 1282. Also, petitions of certain citizens resident of the State Richmond, Rabun, Sumter, Talbot, and Troup, all numer of Virginia in the counties of Bedford, Brunswick, Floyd, ously signed, urging enactment vf House bill 2856, ·by Rep Halifax, Scott, and Washington, all numerously signed, urg resentative WILL ROGERS, of Oklahoma, embracing the Pope ing enactment of House bill 2856, by Representative WILL plan of direct Federal old-age pensions of $30 per month to ROGERS, of Oklahoma, embracing the Pope plan of direct persons over 55, independent of State participation; to the Federal old-age pensions of $30 per month to persons over Committee on Ways and Means. '55, independent of State participation; to the Committee on 1291. Also, petitions of certain citizens resident of the Ways and Means. State of Arkansas in the counties of Arkansas, Atkins, Bax 1283. Also, petitions of certain citizens resident of the State ter, Calhoun, Chicot, Clark, Clay, Cleburne, Cleveland, Co of Kansas in the counties of Bourbon, Franklin, Montgomery, lumbia, Craighead, Crawford, Crittenden, Cross, Desha, Morton, Wyandotte, and Wilson, all numerously signed, urg Drew, Faulkner, Fulton, Garland, Grant, Greene, Hemp ing enactment of House bill 2856, by Representative WILL stead, Izard, Jack.son, Jefferson, Lawrence, Lee, Lincoln, ROGERS, of Oklahoma, embracing the Pope plan of direct Logan, Lonoke, Monroe, Nevada, Perry, Phillip, Poinsett, Federal old-age pensions of $30 per month to persons over Polk, Pulaski, Randolph, Scott, Searcy, Sebastian, St. Fran 55, independent of State participation; to the Committee on cis, Union, Washington, White, and Woodruff, all numer Ways and Means. ously signed, urging enactment of House bill 2856, by Rep 1284. Also, petitions of certain citizens resident of the State resentative WILL ROGERS, of Oklahoma, embracing the Pope of Kentucky in the counties of Butler, Caldwell, Calloway, plan of direct Federal old-age pensions of $30 per month to Christian, Fulton, Grant, Hopkins, Henderson, Jefierson, persons over 55, independent of State participation; to the Logan, Lyon, Martin, and McCracken, all numerously signed, Committee on Ways and Means. urging enactment of House bill 2856, by Representative WILL 1292. Also, petitions of certain citizens resident of the ROGERS, of Oklahoma, embracing the Pope plan of direct State of Illinois in the counties of Carr, Cook, Fayette, Federal old-age pensions of $30 per month to persons over Franklin, Jackson, Jersey, La Salle, Marion, Macon, Madi 55, independent of State participation; to the Committee on son, Perry, Pulaski, Saline, and Union, all numerously signedr Ways and Means. urging enactment of House bill 2826, by Representative WILL 1285. Also, petitions of certain citizens resident of the State ROGERS, of Oklahoma, embracing the Pope plan of direct of West Virginia in the counties of Boone, Cabell, Grant, Federal old-age pensions of $30 per month to persons over Harrison, Monongalia, Mercer, McDowell, Mingo, Raleigh, 55, independent of State participation; to the Committee on and Taylor, all numerously signed, urging enactment of Ways and Means. House bill 2856, by Representative WrLL ROGERS, of Okla 1293. Also, p~titions of certain citizens resident of the homa, embracing the Pope plan of direct Federal old-age State of Kentucky in the counties of Breckinridge, Butler, pensions of $30 per month to persons over 55, independent Carlisle, Carrollton, Christian, Crittenden, Daviess, Fulton, of State participation; to the Committee on Ways and Graves, Henderson, Hickman, Hopkins, Jefferson, Logan, Means. Lyon, Muhlenberg, McCracken, Simpson, Trimble, Todi, 1286. Also, petitions of certain citizens resident of the Union, and Webster, all numerously signed, urging enact ·State of North Carolina in the counties of Chatham, Cabar ment of House bill 2856, by Representative WILL ROGERS, of rus, Gaston, Haywood, Lincoln, Mitchell, Rockingham, Robe Oklahoma, embracing the Pope plan of direct Federal old son, and Wilkes, all numerously signed, urging enactment of age pensions of $30 per month to persons over 55 , independ House bill 2856, by Representative WILL ROGERS, of Okla ent of State participation; to the Committee on Ways and homa, embracing the Pope plan of direct Federal old-age Means. pensions of $30 per month to persons over 55, independent 1294. Also, petitions.of certain citizens resident of the State of State participation; to the Committee on Ways and of Kansas in the counties of Cowley, Cherokee, Greenwood, Means. Johnson, Labette, Mongra, Montgomery, Miami, Sumner, 1287. Also, petitions of certain citizens resident of the Woodson, and Wyandotte, all numerously signed, urging en State of Illinois in the counties of Champaign, Cook, Galla actment of House bill 2856, by Representative WILL ROGERS, tin, Hamilton, Madison, Marion, Massac, St. Clair, Stephen son, Warren, White, Williamson, and Zion, all numerously of Oklahoma, embracing the Pope plan of direct Federal old age pensions of $30 per month to persons over 55, independ ;Signed, urging enactment of House bill 2856, by Representa tive WILL ROGERS, of Oklahoma, embracing the Pope plan ent of State participation; to the Committee on Ways and uf direct Federal old-age pensions of $30 per month to per Means. sons over 55, independent of State participation; to the Com 1295. Also, petitions of certain citizens resident of the State mittee on Ways and Means. of North Carolina in the counties of Columbus, Davie, New 1288. Also, petitions of certain citizens resident of the Hanover, Robeson, and Watauga, all numerously signed, state of Arkansas in the counties of Arkansas, Clark, Clay, urging enactment of House bill 2856, by Representative WILL Calhoun, Crittenden, Craighead, Desha, Faulkner, Greene, ROGERS, of Oklahoma, embracing the Pope plan of direct Garland, Hempstead, Jefferson, Lincoln, Lee, Mississippi, Federal old-age pensions of $30 per month to persons over 55, Phillips, Pulaski, Pope, Poinsett, St. Francis, Sevier, Sebas independent of State participation; to the Committee on tian, and Wynne, all numerously signed, urging enactment Ways and Means. of House bill 2856, by Representative WILL ROGERS, of Okla 1296. Also, petitions of certain citizens resident of the State homa. embracing the Pope plan of direct Federal old-age of Missouri in the counties of Butler, Callaway, Dunklin, pensions of $30 per month to persons over 55, independent Howard, Henry, Jackson, New Madrid, Pemiscot, Reynolds, of state participation; to the Committee on Ways and Stoddard, St. Louis, and Washington, all numerously signed, Means. urging enactment of House bill 2856, by Representative WILL 1289. Also, petitions of certain citizens resident of the ROGERS, of Oklahoma, embracing the Pope plan of direct state of _Missoud in the c9untie$. of Cooper, Grundy. Jefier~ Federal old-age pensions of $30 per month to persons ov.e:r; 1935 CONGRESSIONAL RECORD-HOUSE 2053 55, independent of state participation; to the Committee on tive WILL ROGERS, of Oklahoma, embracing the Pope plan of Ways and Means. direct Federal old-age pensions of $30 per month to persons 1297. Also, petitions of certain citizens resident of the State over 55, independent of State participation; to the Com of Louisiana in the parishes of Acadia, Ascension, Allen, mittee on Ways and Means. Bienville, Bossier, Beauregard, Calcasieu, Claiborne, Caddo, 1307. Also, petition of certain citizens resident of the Caldwell, De Soto, Franklin, Jefferson, Livingston, More District of Columbia, numerously signed, urging enactment house, Madison, Natchitoches, Orleans, Pointe Coupee, Red of House bill 2856, by Representative WILL ROGERS, of Okla River, Richland, Sabine, St. John, St. Tammany, St. Mary, homa, embracing the Pope plan of direct Federal old-age Tangipahoa, Winn, Webster, Washington, and West Baton pensions of $30 per month to persons over 55, independent Rouge, all numerously signed, urging enactment of House bill of State participation; to the Committee on Ways and 2856, by Representative WILL ROGERS, of Oklahoma, embrac Means. ing the Pope plan of direct Federal old-age pensions of $30 1308. Also, petitions of certain citizens resident of the State per month to persons over 55, independent of State partici of South Dakota in the county of Minnehaha, numerously pation; to the Committee on Ways and Means. signed, urging enactment of House bill 2856, by Representa 1298. Also, petitions of certain citizens resident of the tive WILL ROGERS, of Oklahoma, embracing the Pope plan of State of Iowa in the counties of Dubuque, Polk, Webster, all direct Federal old-age pensions of $30 per month to persons numerously signed, urging enactment of House bill 2856, by over 55, independent of State participation; to the Committee Representative WILL ROGERS, of Oklahoma, embracing the on Ways and Means. Pope plan of direct Federal old-age pensions of $30 per 1309. Also, petitions of certain citizens resident of the State month to persons over 55, independent of State participa of New Mexico in the counties of Colfax, Guadalupe, Grant, tion; to the Committee on Ways and Means. Mora, Rio Arriba, and Taos, . numerously signed, urging 1299. Also, petitions of certain citizens resident of the enactment of House bill 2856, by Representative WILL ROGERS, State of West Virginia in the counties of Harrison, Lincoln, of Oklahoma, embracing the Pope plan of direct Federal old Logan, Mercer, Mineral, Monongalia, Wayne, and Wetzel, all age pensions of $30 per month to persons over 55, independ numerously signed, urging enactment of House bill 2856, by ent of State participation; to the Committee on Ways and Representative WILL ROGERS, of Oklahoma, embracing the Means. Pope plan of direct Federal old-age pensions of $30 per 1310. Also, petitions of certain citizens resident of the State month to persons over 55, independent of State participa of Virginia in the counties of Amherst, Alleghany, Cumber tion; to the Committee on Ways and Means. land, and Pittsylvania, numerously signed, urging enact 1300. Alm, petitions of certain citizens resident of the ment of House bill 2856, by Representative WILL ROGERS, of State of Pennsylvania in the counties of Fayette, Lawrence, Oklahoma, embracing the Pope plan of direct Federal old and Philadelphia, all numerously signed, urging enactment age pensions of $30 per month to persons over 55, independ of House bill 2856, by Representative WILL ROGERS, of Okla ent of State participation; to the Committee on Ways and homa, embracing the Pope plan of direct Federal old-age Means. pensions of $30 per month to persons over 55, independent 1311. Also, petitions of certain citizens resident of the state of State participation; to the Committee on Ways and of Minnesota in the counties of Fillmore, Itasca, and Ram Means. sey, numerously signed, urging enactment of House bill 1301. Also, petitions of certain citizens resident of the 2856, by Representative WILL ROGERS, of Oklahoma, em State of Florida in the counties of Calhoun, Escambia, Gads bracing the Pope plan of direct Federal old-age pensions of den, Henry, Hillsborough, Jackson, Leon, Liberty, Levy, and $30 per month to persons over 55, independent of State Monroe, all numerously signed, urging enactment of House participation; to the Committee on Ways and Means. bill 2856, by Representative WILL ROGERS, of Oklahoma, em 1312. Also, petitions of certain citizens resident of the bracing the Pope plan of direct Federal old-age pensions of State of Tennessee in the counties of Anderson, Bledsoe, $30 per month to persons over 55, independent of State par Blount, Coffee, Cheatham, Carroll, Crockett, Chester, David ticipation; to the Committee on Ways and Means. son, Dyer, Decatur, Fayette, Giles, Gibson, Howard, Harde 1302. Also, petitions of certain citizens resident of the man, Henry, Hamilton, Henderson, Jefferson, Jackson, Knox, State of California in the counties of Fresno and Los An Lincoln, Lake, Loudon, Lawrence, Lauderdaile, Montgomery, geles, all numerously signed, urging enactment of House Maury, Madison, McNairy, Putnam, Polk, Roane, Ruther bill 2856, by Representative WILL RoGERS, of Oklahoma, em ford, Shelby, Scott, Stewart, Tipton, Van Buren, Weakley, bracing the Pope plan of direct Federal old-age pensions of Wayne, Warren, and White, all numerously signed, urging $30 per month to persons over 55, independent of State enactment of House bill 2856, by Representative WILL participation; to the Committee on Ways and Means. ROGERS, of Oklahoma, embracing the Pope plan of direct 1303. Also, petition of certain citizens resident of the Federal old-age pensions of $30 per month to persons over State of Washington in the county of Clark, numerously 55, independent of State participation; to the Committee on signed, urging enactment of House bill 2856, by Representa Ways and Means. tive WILL ROGERS, of Oklahoma, embracing the Pope plan of 1313. Also, petitions of certain citizens resident of the direct Federal old-age pensions of $30 per month to persons State of Alabama in the counties of Autauga, Barbour, Bibb, over 55, independent of State participation; to the Com Blount, Butler, Calhoun, Chambers, Chilton, Choctaw, Cull mittee on Ways and Means. man, Conecuh, Covington, Dale, Dallas, De Kalb, Elmore, 1304. Also, petition of certain citizens resident of the Escambia, Etowah, Fayette, Franklin, Hale, Jackson, Jeffer State of Indiana, in the counties of Posey and Lake, nu son, Lamar, Lauderdale, Lawrence, Lee, Limestone, Madi merously signed, urging enactment of House bill 2856, by son, Mobile, Macon, Marengo, Marion, Marshall, Morgan, Representative WILL ROGERS, of Oklahoma, embracing the Pickens, Pike, Randolph, Sumter, Tuscaloosa, Tallapoosa, Pope plan of direct Federal old-age pensions of $30 per Shelby, St. Clair, Walker, Wilcox, and Winston, all numer month to persons over 55, independent of State participa ously signed, urging enactment of House bill 2856, by Repre tion; to the Committee on Ways and Means. sentative WILL ROGERS, of Oklahoma, embracing the Pope 1305. Also, petition of certain citizens resident of the plan of direct Federal old-age pensions of $30 per month State of Vermont, in the county of Orleans, numerously to persons over 55, independent of State participation; to signed, urging enactment of House bill 2856, by Representa the Committee on Ways and Means. tive WILL ROGERS, of Oklahoma, embracing the Pope plan of 1314. Also, petitions of certain citizens resident of the direct Federal old-age pensions of $30 per month to persons State of Mississippi in the counties of Alcorn, Amite, Adams, over 55, independent of State participation; to the Com Boliver, Choctaw, Clarke, Carroll, Claiborne, Chickasaw, mittee on Ways and Means. Coahoma, Covington, Clay, Copiah, De Soto, Franklin, Gre 1306. Also, petition of certain citizens resident of the nada., Greene, George, Holmes, Humphreys, Itawamba, Jones, State of New Jersey, in the county of Essex, numerously Jackson, Kemper, Lee, Leake, Lowndes, Lafayette, Lauder signed, urging enactment of House bill 2856, by Representa- dale, Lawrence, Lincoln, Marion, Montgomery, Monroe, 2054 CONGRESSIONAL RECORD-HOUSE FEBRUARY 15 Madison, Noxubee, Neshoba, Panola, Pontotoc, Pearl River, sentative WILL RoGERS, of Oklahoma, embracing the Pope Pike, Perry, Rankin, Smith. Saltillo, Union, Walthall, Wayne, plan of direct Federal old-age pensions of $30 per month to Wa·shington, and Yazoo, all numerously signed, urging en persons over 55, independent of State participation; to the actment of House bill 2856, by Representative WILL RoGERS, Committee on Ways and Means. of Oklahoma, embracing the Pope plan of direct Federal old 1323. Also, petitions of certain citizens resident of the age pensions of $30 per month to persons over 55, inde State of Virginia in the counties of Buchanan, Culpeper, pendent of State participation; to the Committee on Ways Charlotte, Halifax, and Roanoke, all numerously signed, urg and Means. ing enactment of House bill 2856, by Representative WILL 1315. Also, petitions of certain citizens resident of the State ROGERS, of Oklahoma, embracing the Pope plan of direct of Texas in the counties of Anderson, Angelina, Bastrop, Federal old-age pensions of $30 per month to persons over Bexar, Bowie, Brown, Caldwell, Cass, Cherokee, Cisco, Collin, 55, independent of State participation; to the Committee on Comanche, Crockett, Dallas, De Witt, Ellis, Erath, Falls, Ways and Means. · Fannin, Fayette, Freestone, Galveston, Grayson, Grimes, 1324. Also, petitions of certain citizens resident of the Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Jef State of Oklahoma in the counties of Caddo, Canadian, Mc ferson, Johnson, Kerr, Lamar, Lee, Leon, Madison, Marion, Intosh, McCurtain, Okmulgee, Okfuskee, and Washington, Mitchell, Nacogdoches, Newton, Palo Pinto, Panola, Rock all numerously signed, urging enactment of House bill 2856, wall, Runnels, Sabine, San Jacinto, San Saba, Shelby, Sutton, by Representative WILL ROGERS, of Oklahoma, embracing the Titus, Trinity, Troup, Walker, Washington, Wheeler, and Pope plan of direct Federal old-age pensions of $30 per Whorton, all numerously signed, urging enactment of House month to persons over 55, independent of State participa bill 2856, by Representative WILL ROGERS, of Oklahoma, em tion; to the Committee on Ways and Means. bracing the Pope plan of direct Federal old-age pensions of 1325. Also, petitions of certain citizens resident of the State $30 per month to persons over 55, independent of State par of North Carolina in the counties of Bladen, Columbus, ticipation; to the Committee on Ways and Means. Carteret, Guilford, Gaston, Hamett, and Wayne, all numer 1316. Also, petitions of certain citizens resident of the ously signed, urging enactment of House bill 2856, by Rep State of Oklahoma in the counties of Alfalfa, Boswell, Carter, resentative WILL ROGERS, of Oklahoma, embracing the Pope Haskell, Lincoln, Le Flore, Marshall, McCurtain, McClain, plan of direct Federal old-age pensions of $30 per month to Okfuskee, Okmulgee, Ottawa, Osage, Pottawatomie, Pawnee, persons over 55, independent of State participation; to the Pontotoc, Pittsburg, Pushmataha, Rogers, Stephens, Tulsa, Committee on Ways and Means. Washington, and Wagoner, all numerously signed, urging 1326. Also, petitions of certain citizens resident of the . enactment of House bill 2856, by Representative WILL ROGERS, State of Tennessee in the counties of Carroll, Davidson, of Oklahoma, embracing the Pope plan of direct Federal old Franklin, Gibson, Hickman, Henderson, Haywood, Henry, age pensions of $30 per month to persons over 55, independent Madison, Shelby, Sullivan, and Tipton, all numerously of State participation; to the Committee on Ways and Means. signed, urging enactment of House bill 2856, by Representa 1317. Also, petitions from 13 citizens and residents of Choc tive WILL ROGERS, of Oklahoma, embracing the Pope plan taw County, Okla., urging the enactment of House bill 2856, of direct Federal old-age pensions of $30 per month to per embracing a Federal system of old-age pensions; to the Com sons over 55, independent of State participation; to the mittee on Ways and Means. Committee on Ways and Means. 1318. Also, petitions of certain citizens resident of the 1327. Also, petitions of certain citizens resident of the State of Arkansas in the counties of Ashley, Benton, Clark, State of Kansas in the counties of Hodgeman, Morton, Columbia, Desha, Faulkner,- Greene, Hempstead, Lonoke, Sumner, and Wyandotte, all numerously signed, urging en Logan, Miller, Ouachita, Phillips, Pulaski, and Union, all actment of House bill 2856, by Representative WILL ROGERS, numerously signed, urging enactment of House bill 2856, by of Oklahoma, embracing the Pope plan of direct Federal Representative WILL ROGERS, of Oklahoma, embracing the old-age pensions of $30 per month to persons over 55, inde Pope plan of direct Federal old-age pensions of $30 per month pendent of State participation; to the Committee on Ways to persons over 55, independent of State participation; to the and Means. Committee on Ways and Means. 1328. Also, petitions of certain citizens resident of the 1319. Also, petitions of certain citizens resident of the State State of West Virginia in the counties of Brooke, Fayette, of Mississippi in the counties of Alcorn, Bolivar, Clay, Coa Mercer, and Marshall, all numerously signed, urging enact homa, De Soto, Greene, Holmes, Hinds, Humphreys, Jeffer ment of House bill 2856, by Representative WILL ROGERS, son, Lauderdale, Lafayette, Monroe, Madison, Noxubee, of Oklahoma, embracing the Pope plan of direct Federal Newton, Oktibbeha, Quitman, Simpson, Union, Wilkinson, old-age pensions of $30 per month to persons over 55, inde Washington, Yalobusha, and Yazoo, all numerously signed, pendent of State participation; to the Committee on Ways urging enactment of House bill 2856, by Representative WILL and Means. ROGERS, of Oklahoma, embracing the Pope plan of direct Fed 1329. Also, petition of certain citizens resident of the State eral old-age pensions of $30 per month to persons over 55, of Iowa in the county of Polk, numerously signed, urging independent of State participation; to the Committee on enactment of House bill 2856, by Representative WILL RoG Ways and Means. ERS, of Oklahoma, embracing the Pope plan of direct Fed 1320. Also, petitions of certain citizens resident of the State eral old-age pensions of $30 per month to persons over 55, of Kentucky in the counties of Ballard, Crittenden, Henry, independent of State participation; to the Committee on Jefferson, Livingston, Lyon·, McCracken, and Union, all nu Ways and Means. merously signed, urging enactment of House }?ill 2856, by 1330. Also, petition of certain citizens resident of the State Representative WILL ROGERS, of Oklahoma, embracing the of Maryland in the county of Washington, numerously Pope plan of direct Federal old-age pensions of $30 per signed, urging enactment of House bill 2856, by Representa month to persons over 55, independent of State participation; tive WILL ROGERS, of Oklahoma, embracing the Pope plan of to the Committee on Ways and Means. direct Federal old-age pensions of $30 per month to persons 1321. Also, petitions of certain citizens resident of the over 55, independent of State participation; to the Com State of lliinois in the counties of Gallatin, St. Clair, and mittee on Ways and Means. Will, all numerously signed, urging enactment of House bill 1331. Also, petition of certain citizens resident of the State 2856, by Representative WILL ROGERS, of Oklahoma, embrac of Georgia in the county of Muscogee, numerously signed, ing the Pope plan of direct Federal old-age pensions of $30 urging enactment of House bill 2856, by Representative WILL per month to persons over 55, independent of State partici ROGERS, of Oklahoma, embracing the Pope plan of direct pation; to the Committee on Ways and Means. Federal old-age pensions of $30 per month to persons over 1322. Also, petitions of certain citizens resident of the 55, independent of State participation; to the Committee on State of South Carolina in the counties of Beaufort, Charles Ways and Means. ton, Greenville, Lancaster, Richland, and Sumter, all numer 1332. Also, petition of certain citizens resident of the State ously signed, urging enactment of House bill 2856, by Repre- of New Jersey in the county of Passaic, numerously signed, 1935 . CONGRESSIONAL RECORD-HOUSE , '2055 urging enactment of House bill 2856, by Representative WILL 55, independent of State p·articipation; to the · Committee ROGERS, of Oklahoma, embracing the Pope plan of direct on Wayf? and Means. Federal old-age pensions of $30 per month to persons over 1342. By Mr. ANDREWS of New York: Memorial of the 55, independent of State participation; to the Committee on Senate of New York State, favoring enactment of social Ways and Means. securities bills introduced in the Senate of the United States 1333. Also, petitions of certain citizens resident of the State by Senator WAGNER; to the Committee on Ways and Means. of Colorado in the counties of Chaffee and Saguache, all 1343. Also, memorial of the Senate of the State of New numerously signed, urging enactment of House bill 2856, by York, requesting that the Department of Agriculture make Representative WILL ROGERS, of Oklahoma, embracing the available to the several drought-stricken counties of western Pope plan of direct Federal old-age pensions of $30 per and northern New York sUfficient hay and other roughage month to persons over 55, independent of State participa so that the farmers of such counties may maintain their tion; to the Committee on Ways and Means. herds through the winter; to the Committee on Agriculture. 1334. Also, petition of certain citizens resident of the 1344. Also, memorial from the Senate of New York State, State of Pennsylvania in the county of Fayette, numerously requesting Congress to enaCt legislation which would permit signed, urging enactment of House bill 2856, by Representa remedial work to be done to enhance and preserve the tive WILL RoGERS, of Oklahoma, embracing the Pope plan of scenic beauty of Niagara Falls against further erosion; to direct Federal old-age pensions of $30 per month to persons the Committee on Rivers and Harbors. over 55, independent of State participat1on; to the Commit 1345. Also, resolution adopted by the Polish National Alli tee on Ways and Means. ance, of North :ronawahda, N. Y., favoring enactment of 1335. Also, petition of certain citizens resident of the State legislation setting forth October 11 as a day to commemorate of Wisconsin in the county of Chippewa, numerously signed, the death of Gen. Casimir Pulaski; to the Committee on the urging enactment of House bill 2856, by Representative WILL Judiciary. RoGERs, of Oklahoma, embracing the Pope plan of direct 1346. Also, resolution adopted by the Erie County League Federal old-age pensions of $30 per month to persons over of Women Voters of New York State, urging favorable con 55, independent of State participation; to the Committee on sideration of a Federal project to build a sewage-disposal Ways and Means. system for the Niagara frontier; to the Committee on 1336. Also, petition of certain citizens resident of the State Appropriations. of Florida in the county of Franklin, numerously signed, 1347. By Mr. BOEHNE: Resolution of Indiana General urging enactment of House bill 2856, by Representative WrLL Assembly, memorializing the Congress of the United States ROGERS, of Oklahoma, embracing the Pope plan of direct to pass, and the President of the United States to approve Federal old-age pensions of $30 per month to persons over if passed, the General Pulaski's Memorial Day resolution 55, independent of State participation; to the Committee on now pending in Congress; to the Committee on the Judiciary. Ways and Means. 1348. By Mr. BROWN of Michigan: Petition of citizens 1337. Also, petitions of certain citizens resident of the State of Menominee County, Mich., urging the Congress to enact of Missouri in the counties of Pemiscot and St. Louis, all into law the Frazier-Lemke farm-refinancing bill; to the numerously signed, urging enactment of House bill 2856, by Committee on Agriculture. Representative WILL ROGERS, of Oklahoma, embracing the 1349. By Mr. BRUNNER: Petition of the New York State Pope plan of direct Federal old-age pensions of $30 per Legislature, asking Congress to enact legislation that would month to perrnns over 55, independent of State participa provide for the preservation of the beauty of Niagara Falls; tion; to the Committee on Ways and Means. to the Committee on Rivers and Harbors. 1338. Also, petitions of certain citizens resident of the 1350. By Mr. BUCKBEE: Petition of Rockford (Ill.) Cham State of Texas in the counties of Anderson, Bowie, Camp, ber of Commerce, calling upon Congress to take steps to curb Cass, Childress, Erath, Fort Bend, Grimes, Gonzales, Hous the constant propaganda for communistic principles, and to ton, Hardin, Hutchinson, Jefferson, Liberty, Lubbock, Mor place certain additional restrictions upon immigration; to the ris, Newton, Panola, Polk, Robertson, Rusk, San Augustine, Committee on Immigration and Naturalization. Sabine, Smith, Shelby, Tarrant, Titus, Tyler, and Washing 1351. Also, petition of the president and officers of Group ton, all numerously signed, urging enactment of House bill 1494, Polish National Alliance, of Peru, Ill., asking Congress 2856, by Representative WILL ROGERS, of Oklahoma, embrac to enact House Joint Resolution 81 for the designation of ing the Pope plan of direct Federal old-age pensions of $30 October 11 as General Pulaski's Memorial Day; to the Com per month to persons over 55, independent of State partici mittee on the Judiciary. pation; to the Committee on Ways and Means. 1352. By Mr. BUCKLER of Minnesota: Petition of W. E. 1339. Also, petitions of certain citizens resident of the Nelson, president, and Ross Clarno, secretary, of the Town State of New Mexico in the counties of Grant, Mora, Rio send Old Age Revolving Pension Club, of Parkers Prairie, Arriba, and Taos, all numerously signed, urging enactment Minn., praying for passage into law the Townsend old-age of House bill 2856, by Representative WILL ROGERS, of Okla pension plan; to the Committee on Ways and Means. homa, embracing the Pope plan of direct Federal old-age 1353. Also, petition of Ruby DeVries, secretary of Pleasant pensions of $30 per month to persons over 55, independent Valley Parent-Teacher Association of Puposky, Minn., and of State participation; to the Committee on Ways and vicinity, praying for passage of Federal legislation giving aid Means. to common and consolidated schools on a basis of need; to 1340. Also, petitions of certain citizens resident of the the Committee on Ways and Means. State of Louisiana in the parishes of Allen, Caldwell, Caddo, 1354. By Mr. CRAVENS: Petition of members of Hartford De Soto, East Carroll, Grant, Iberville, La Salle, Morehouse, Valley Post of the American Legion, Hartford, Ark., request Natchitoches, Tangipahoa, Vernon, and West Feliciana, all ing passage of the Vinson bill providing for payment of numerously signed, urging enactment of House bill 2856, by adjusted-service certificates; to the Committee on Ways and Representative WILL RoGERS, of Oklahoma, embracing the Means. Pope plan of direct Federal old-age pensions of $30 per 1355. By Mr. CULKIN: Petition from the Senate of the month to persons over 55, independent of State participa State of New York, favoring legislation that will tend to pre tion; to the Committee on Ways and Means. serve the scenic beauty of Niagara Falls; to the Committee 1341. Also, petitions of certain citizens resident of the on Ways and Means. State of Alabama in the counties of Choctaw, Chambers, 1356. By Mr. DARROW: Memorial of the Philadelphia Covington, Chilton, Elmore, Franklin, Hale, Jefferson, Pick Board of Trade, relating to emergency-relief appropriations; ens, Pike, Perry, and Wilcox, all numerously signed, urging to the Committee on Appropriations. enactment of House bill 2856, by Representative WILL 1357. By Mr. DOBBINS: Petition of the City Council of ROGERS, of Oklahoma, embracing the Pope plan of direct the City of Sacramento, Calif., asking Congress to remove Federal old-age pensions of $30 per month to persons over restrictions that would prevent the present air-mail carrier 2056 CONGRESSIONAL RECORD-HOUSE ~EBRUARY 15 on the western coastwise line from continuing in that service 1376. Also, petition of Fred Newinghaus and 54 citizens of while holding a transcontinental air-mail contract; to the Greene County, Ill., endorsing old-age-pension legislation; Committee on the Post Office and Post Roads. to the Committee on Ways and Means. 1358. Also, resolution of the Illinois House of Representa 1377. Also, petition of George Thisl and 21 citizens of Jer .. tives, importuning Congress to enact the Wagner-Costigan sey County, Ill., endorsing old-age-pension legislation; to the antilynching bill or the bill offered by Representative AR Committee on Ways and Means. THUR MITCHELL, of Illinois, as a means for the abatement of 1378. Also, petition of Wm. W. Davenport and 45 citizens the lynching evil; to the Committee on the Judiciary. of Athens, Ill., endorsing old-age-pension legislation; to the 1359. By Mr. DELANEY: Petition of the Hospital of the Committee on Ways and Means. Holy Fa;mily, of Brooklyn, N. Y., urging favorable legislation 1379. Also, petition of Charles' Livingston and 18 citizens to continue the existing system of relief for the sick by vol of Macon County, Ill., endorsing old-age-pension legislation; untary and charitable hospitals; to the Committee on Ap to the Committee on Ways and Means. propriations. 1380. Also, petition of James Andrews and-eight citizens 1360. By Mr. GOODWIN: Petition of the New York State of Fieldon, IlL, endorsing old-age-pension legislation; to the Legislature, urging Congress to enact legislation for the pro Committee on Ways and Means. tection and conservation of Niagara Falls and other similar 1381. Also, resolution of the Matheny Parent-Teacher As scenic wonders; to the Committee on Irrigation and Recla sociation, of the city of Springfield and State of Illinois, mation. relating to the motion-picture industry; to the Committee 1361. By Mr. HALLECK: Petition of World War veterans on Interstate and Foreign Commerce. of Monon and vicinity, in the State of Inciiana, urging en 1382. Also, petition of Philip R. Glotfelty, Jr., and 37 citi actment of the legislative program proposed by the American zens of Grafton. Ill., endorsing old-age-pension legislation; Legion; to the Committee on Military Affairs. to the Committee on Ways and Means. 1362. By Mr. HOLMES: Petition of the General Court of 1383. Also, resolution of Harry H. Koch, W. E. Overton, Massachusetts in behalf of the fishing industry of Massa and James Landes, Board of County Commissioners of Scott chusetts; to the Committee on Banking and Currency. County, ID., relating to method of administering relief; to 1363. By Mr. JOHNSON of Texas: Memorial of the Amer the Committee on Ways and Means. ican Society for the Prevention of Cruelty to Animals, New 1384. By Mr. LUCKEY: Petition of the Nebraska State York City, favoring House bill 2798, restoring 2-cent postage Senate, requesting the Federal Government to acquire, set on first-class mail; to the Committee on Ways and Means. aside, preserve, and maintain as a national park a tract of 1364. Also, memorial of Herschel P. Mccown, of Kerens, land in Knox County. Nebr., locally known as the " Devils Tex., favoring Senate bill 564; to the Committee on the Civil Nest"; to the Committee on the Public Lands. Service. 1385. By Mr. LUNDEEN: Petition of Common Council of 1365. By Mr. KVALE: Resolution of the House of Repre the City of Duluth, Minn., urging Congress to pass the Gen sentatives of the Legislature of the State of Minnesota, eral Pulaski's Memorial Day resolution now pending in Con urging early development of the Great Lakes-St. Lawrence gress; to the Committee on the Judiciary. deep waterway; to the Committee on Rivers and Harbors. 1386. Also, petition of the Minnesota State Legislature, 1366. Also, resolution of the House of Representatives of urging the Congress of the United States to pass the General the Legislature of the State of Minnesota, memorializing the Pulaski Memorial Day resolution, now pending, for the ob Congress tO enact legislation to protect American industry servance and commemoration of the death of Brig. Gen. and the employees thereof against cheap foreign labor and Casimir Pulaski; to the Committee on the Judiciary. products; to the Committee on Ways and Means. 1387. Also, petition of the Minnesota Farm Bureau Fed 1367. Also, resolution of the Northwest Shippers Advisory eration, St. Paul, Minn., urging that an import excise tax Board, Minneapolis, Minn., recommending Federal regula be placed on dried and frozen eggs for the protection of the tion of rates, service, and general conduct of business for all American farmer; to the Committee on Ways and Means. motor vehicles moving in interstate commerce; to the Com 1388. Also, petition of Land O'Lakes Creameries, Minne mittee on Interstate and Foreign Commerce. apolis, Minn., urging that an import excise tax be placed 1368. Also, resolution of the Northwest Shippers Advisory on dried and frozen eggs for the protection of the American Board, MinneaPolis, Minn., recommending the elimination farmer; to the Committee on Wa;ys and Means. of the long-and-short haul clause of the fourth section of 1389. Also, petition of Phoenix Junior Chamber of Com .. the Interstate Commerce Act; also that the Interstate Com merce, Phoenix, Ariz., endorsed by the Stillwater Junior merce Commission be given the power to regulate and pre Chamber of Commerce, Stillwater, Minn., urging the reen scribe the rates through the Panama Canal; to the Com actment of the present excise tax on copper; to the Com mittee on Interstate and Foreign Commerce. mittee on Ways and Means. 1369. Also, resolution of the Northwest Shippers Advisory 1390. By Mr. MOTI': Petition signed by 30 cit.izens of Board, Minneapolis, Minn., opposing Government ownership Lane County, Oreg., urging enactment of the Townsend old of railroads, the 6-hour day as applying to railroads and age-pension plan; to the Committee on Ways and Means. industries, the full-crew bill, and the limited-train-length 1391. Also, petition signed by 87 citizens of Douglas bill: to the Committee on Interstate and Foreign Commerce. County, Oreg., urging enactment of the Townsend old-age 1370. By Mr. LUCAS: Petition of Mary Hollycraft and 18 pension plan; to the Committee on Ways and Means. -sµJay uo1suad-a.5'B-pyo .5UlSJopua •·m 'II'BH a'.llttM. JO suazmo 1392. By Mr. McLAUGm.J.N: Petition requesting the Fed Iation; to the Committee on Ways and Means. eral Government to acquire, set aside, preserve, and main 1371. Also, petition of Horatio Black and 19 citizens of tain as a national park, a tract of land in Knox County, Jacksonville, m, endorsing old-age-pension legislation; to Nebr., locaUy known as the" Devil's Nest"; to the Commit .. the Committee on Ways and Means. tee on the Public Lands. 1372. Also, petition of Ollie Lindsay and 15 citizens of 1393. Also, petition memorializing the Congress of the Grafton, Ill., endorsing old-age-pension legislation; to the United States to pass, and the President of the United Committee on Ways and Means. States to approve if passed, the General Pulaski's Memorial 1373. Also, petition of Mabel Pierce and 20 citizens of Pike Day resolution now pending in Congress; to the Committee County, Ill., endorsing old-age-pension legislation; to the on the Judiciary. Committee on Ways and Means. 1394. Also, petition memorializing the Congress of the 1374. Also, petition of Mary L. Heck and 129 citizens of United States to acquire the Daniel Freeman farm in Gage Pike County, Ill., endorsing old-age-pension legislation; to County, Nebr., for the purpose of establishing it as a na the Committee on Ways and Means. tional monument to mark the filing of homestead no. 1 of 1375. Also, petition of George Beer and eight citizens of the united States, and to commemorate the development Calhoun County, Ill., endorsing old-age-pension legislation; of the agricultural empire of the West; to the Committee on to the Committee on Ways and Means. the Public Lands. 1935 CONGRESSIONAL RECORD-SENATE 2057 1395. Also, petition memorializing the Congress of .the Cleveland, Ohio, endorsing the workers bill