1928 CONGRESSIONAL RECORD-SENATE 4953 biiJ, with rates as proposed by the National Tribune; to the The mes8age also announced that Hie House had passed the Committee on Invalid Pensions. bill ( S. 1325) for the relief of John A. Fox, with an amendment) 5601. By l\.Ir. O'CONNELL: Petition of the Lieut. F. McCon in which it requested the concurrence of the Senate. . nell Post, No. 229, Veterans of Foreign Wars, favoring the The message furthe-r announced that the House bad passed passage of House bills 500, 6535, 8228, 9138, 10435, and 10644, the bill (S. 3) for the relief of Kate Mathews, with amend and House Joint Resolution 212; to the Committee on World ments, in which it requested the concurrence of the Senate. War Veterans' Legislation. The message also announced that the House had passed the. 5602. Also, petition of the Illinois Joint Committee, to secure following bills and joint resolutions, in which it requested the legislation to unite families separated by the restrictive immi concurrence of the Senate: gration act; to the Committee on Immigration and Naturaliza H. R. 333. An act authorizing the sale of certain lands near tion. Seward, Alaska, for use in connection with the Jesse Lee 5603 ..Also, petition of the American Legion Auxiliary, Rich Home; mond Hill Post, No. 212, 1-Qcbmond Hill, Long Island, N. Y., H. R. 924. An act for the relief of Joe D. Donisi; favoring an adequate naval defense; to the Committee on H. R. 936. An act for the relief of Garrett M. Martin ; Naval Affairs. H. R. 940. An act for the relief of Michael J. Fraher; 5604. By Ur. RATHBONE: Petition by 120 residents of H. R. 943. An act for the relief of Thomas Carroll ; Harrisburg, Ill., urging that immediate steps be taken to bring H. R. 979. An act for the relief of J. W. Zornes; to a vote a Civil War pension bill granting relief to veterans H. R. 1023. An act to correct the militru:y record of Charles and widows of veterans; to the Committee on Invalid Pensions. Ebin Campbell, alias ·Ebin Campbell ; 5605. Also, petition, by residents of Chicago, m., urging that H. R. 1182. An act for the relief of John Anderson ; immediate steps be taken to bring to a vote a Ctvil Wa1· pension H. R. 1183. An act for the relief of Thomas Conlon ; bill granting relief to veterans and widows of veterans ; .to the H. R. 1531. An act for the relief of Edward Camp ; . Committee on Invalid Pensions. H. R. 1588. An act for the relief of Louis H. Harmon ; 5606. By Mr. SWING : Petition of citizens of San Diego, H. R. 1598. An act to provide for the retirement of August Calif., urging support of the Civil War pension bill for the Wolters as a first sergeant in the united States Army; reHef of Yeterans and widows ; to the Committee on Invalid H. R. 1616. An act for the relief of Carl C. Back; Pensions. H. R. 1631 . .An act for the relief of Vanrenslear VanderCook, alias William Snyder; H. R. 1951. An act granting six months' pay to Frank A. SENATE Grab; · H. R.1997. An act for the relief of Clifford J. Turner; ~fONDAY, March 19, 1928 H. R. 2009. An act for the relief of James 1\f. Pierce; The Chaplain, Rev. Z~.Barney '1'. Phillips, D. D., offered the H. R. 2098. An act for the relief of Alonzo Northrup; following prayer:· H. R. 2137. An act for t.he relief of Ed. Snyder, William Pad- dock, Ed. ·Strike, and A. S. Heydeck ; 0 God, who hast made of one blood all nations of men to H. R. 2174. An act for the relief of Edward Gibbs; dwell on the face of the whole earth and didst send Thy blessed H. R. 2527. An act for the relief of William Porter; Son to preach peace to them that are far off and to them that are H. R. 2529. An act for the relief of Rezin Franklin Neves; nigh, grant that all men everywhere may seek after Thee and H. R. 2531. An act for the relief of Marion Francis Wade· find Thee and bl'ing the nations into Thy fold. Give us thank H. R. 2654. An act for the relief of Anton Anderson ; ' ful hearts, that we may bless Thee for the beauty and bounty H. R. 2657. An act for the relief of Thomas Huggins; of the world; for day and night, summer and winter, seed time H. R. 3032. An act for the relief of First National Bank of and harvest, and for the varied gifts of loveliness which every Mountain Home, Idaho ; season brings ; for the comforts and gladness of life and for H. R. 3194. An act for the relief of Mary Neaf; the love, sympathy, and good will of men. Increase in us the H. R. 3268. An act for the re~ef of John G. DeCamp; desire and power to help others and enable us to embrace every H. R. 3681. An act for the re~1ef of Charles F. Reilly·; opportunity of serving our generation according to Thy will. H. R. 3844. An act for the relief of Myra .Madry ; - Through Jesus Christ our Lord. Amen. H. R. 4068. An act for the relief of the Majestic Hotel; Lake The Ohief . Clerk proceeded to read . the Journal of the pro Oharles, La., and of Lieut. R. T. Cronau, United States Army· ceedings of F1iday last, when, on I'equest of Mr. CURTIS and H. R. 4125. An act for the relief of Bolger M. Trandum; ' by unanimous consent, tlle further reading was dispensed with H. R. 4229. An act for the relief of Jennie Wyant and others· and tbe Journal was approved. H. R. 4267. An act for the relief of Ernest J. Hiscock; ' H. R. 4303. An act for the relief of the Smith Tablet Co., of MESSAGE FROM THE HOUSE Holyoke, Mass. ; A message from the House of Representatives, by Mr. Hal H. R. 4378. An act to authorize the Secretary of the Interior tigan, one of its clerks, announced that pur._uant to Senate to di'3pose by sale of certain public land in the State of Florida · Concurrent Resolution 12 the Sp€-aker bad appointed Mr. BELL, H. R. 4608. An act for the relief of Claude S. Betts · ' Mr. TILsoN, Mr. McFADDEN, Mr. RAMSEYER, Mr. RoBsroN of Ken H. R. 4864. An act for the relief of 1\"'1lliam Martin ~ tucky, Mr. FAUST, Mr. MoNTAG"L"E, Mr. LEA., Mr. O'CoxNoR of H. R. 4865. An act for the relief of Dock Leach ; ' New York, and Mr. AR-soLD membern on the part of the House H. R. 49-54. An act for the relief of Thomas Pm·deU; of Representatives of the joint committee to represent the Con H. R. 4963. An act for the relief of the Randolph-Macon gress at the unveiling of the Stone 1\fotmtain monument at Academy, Front Royal, Va.; 9, 1928. H. R. 4993. An act for the relief of William Thm·man Enoeh · Atlanta, Ga., on April 7 The message also announced that the House bad passed with H. R. 5075. An act for the l'elief of W. J. Bryson · out amendment the following bills and joint resolution of the H. R 5225. An act for the relief of Frank W. Tu~ker; Senate: H. R. 5399. An act for the relief of George Heitkamp· S. 4!)6. An act for the relief o: AI. Zingarell and wife, Mary H. R. 5872. An act for the relief ~f William 0. Gray ; ' Alice Zingarell ; H. R. 5930. An act for the relief of Jesse W. Boisseau· S. 1133. An act for the relief of John F. White and M:uy L. H. R. 6271. An act for the relief of .James C. Fritzen'· White; H. R. 6367. An act authorizing the redemption by the 'united States Treasury of 20 war-savings stamps (series of 1918) now S. 1795. An act for the relief of Fannie M. Hollingsworth ; held by Dr. John Mack, of Omaha, Nebr.; S. 1856. An act for the relief of the Gunnison-Mayfield Land & Grazing Co. ; · H. R. 6377. An act for the reli.ef of John Shannon; H. R. 6436. An act for the relief of Mary E. O'Connor ; S. 2365. An act for the relief of G. W. Rogers; and H. R. 6440. An act for the relief of Alfred W. Mathews S. J. Res. 55. Joint resolution for the relief of Henry A. former ensign, United States Naval Reserve Force; '' Bellows. H. R. 6908. An act for the relief of Michael llitz; The message further announced that the House had agreed H. R. 7208. An act for the relief of John Hervey; to the amendment of the Senate to the bill (H. R. 4964) to H. R. 7708. An act for the relief of John M. Brown ; authorize the city of Muskogee, Okla., to remove and retain title H. R. 8031. An act for the relief of Higgins Lumber Co. to the boilers from tbe :Municipal Hospital Building recently (Inc.) ; conveyed by the city to the United States Veterans' Bureau ·H. R. 8443 . .An act for the relief of Joseph W. Jones; Hospital No. 90, at Muskogee, Okla. H. R. 8499. An act for the relief of Arthur C. Lueder; LXIX-312 4954 CONGRESSIONAL RECORD-SENATE ~{ARCH 19 H. R. 8810. An act for the relief of John L. Nightingale; Colonel Copley negotiated for the purchase of stock in the Los Angeles H. R. 8890. An act for the relief of A. N. Ross; Evening Express. Nothing developed ifrom the negotiations, and his H. R. 8957. An act to reimburse Joseph Rosen, formerly of effort to buy stock in the Evening Express was never consummated. the United States Navy, for losses sustained while carrying out Subsequently, he turned his attention to the San Diego Union and his duties; Tribune, which papers he did purchase. He likewise purchased the H. R. 8968. An act to allow credit in the accounts of William Kellogg papers in Los Angeles County. The statement that negotiations A. Schoenfeld ; are now under way to purchase the Express is absolutely false, and you r H. R. 9112. An act for the relief of William Roderick Dorsey could have ascertained this fact by a simple wire to us. We demand an and other officers of the Foreign Service of the United States, immediate public retraction from you, and await your reply. who, while serving abroad, suffered by theft, robbery, fire, EDWARD A. DICKSON and embezzlement, or bank failures losses of official funds ; GUY C. EARL, Jr., H. R. 9118. An act for the relief of William C. Braasch ; Owners ana Publishers. H. R. 9380. An act for the relief of Frank E. Shults; Mr. President, the only reference made by me or in the letter H. R. 9385. An act for the relief of the estate of L. Gordon from which I quoted, to the Los Angeles Exp~ess is contained ~h. bankrupt; · On page 4875 of the CONGRESSIONAL RECOBD of March 16, and I H. R.10014. An act for the relief of A. F. Gallagher; shall quote therefrom. I ought to :::ay that this was read from H. R. 10417. An act for the relief of George Simpson and a letter written by Mr. Spaulding, not to me but to ·a friend of R. 0. Dunbar; his, and that he had inclosed a copy of that letter in his letter H. R.11526. An act to authorize the construction of certain to me. Here is the only reference, either directly or indirectly, naval vessels, and for other purposes; to the Los Angeles Express : H. J. Res. 118. Joint resolution authorizing the Secretary of War to award a duplicate Congressional Medal of Honor for the I am _informed negotiations were under way for the purchase of the widow of Lieut. Col. William J. Sperry; and Express, one of the large papers of Los Angeles. H. J. Res. 217. Joint resolution providing for the remission of That, Mr. President, is the only reference to that paper, either duties on certain cattle which have crossed the boundary line directly or indirectly, contained in the letter from which I i,nto foreign countries. quoted, and is the only reference made by me to that paper in ENROLLED BILLS SIGNED the course of my remarks. I call attention to the fact that the The message also further announced that the Speaker had charge, if they want to call it a charge, is specifically admitted 8.flixed his signature to the following enrolled bills, and they by their own telegram, so that what was stated there, according were signed by the Vice President: to their own telegram signed by them, is literally and absolutely S. 2007. An act to authorize the Secretary of War to pay true. Their telegram states : officers and Filipinos formerly enlisted as members of the The facts are that these last year- National Guard of Hawaii for field and armory training during years 1924 and 1925, and to validate payments for su<;h training ! suppose the word "these" is a misprint in the telegram but heretofore made ; I am reading it just as I got it; it probably means " this' last S. 2021. An act extending and continuing to January 12, 1930, year" ; but I read it exactly as I got it: the provisions of "An act authorizing the- Secretary of the that these last year Colonel Copley negotiated for the purchase of stock Interior to determine and confirm by patent in the nature of a in the Los Angeles Evening Express. Nothing developed from the deed of quitclaim the title to lots in the city of Pensacola, Fla.," negotiations, and his effort to buy stock in the Evening Express was ~pproved January 12, 1925; never consummated. S. 2800. An act authorizing E. K. l\forse, his heirs and legal representatives, and assigns, to construct, maintain, and operate So, Mr. President, it seems to me that in the tele~am in a bridge across the Delaware River at or near Burlington, which they are demanding a retraction from me they sp~cifically N.J.; and admit that what I read is absolutely true. Their intention in - H. R. 10286. An act making appropriations for the military the telegram to try to show that it was an aspersion that it and nonmilitary activities of the War Department for the fiscal was a slander, or that it was a misstatement as to thelr paper ;,year ending June 30, 1929, and for other purposes. it seems to me, is absolutely groundless and without any effect: There was no attempt made and there was no thought on my. PERSONAL EXPLANATION-LOS ANG.ELES EXPRESS part, and I pres-ume noJ?e OJ?- the part of Mr. Spaulding when 1\Ir. NORRIS. Mr. President, I rise to' a question of personal he wrote the letter, of any mtention to cast any reflection on ,J;lrivilege. the Los Angeles Express. Indeed, Mr. President it would be a The VICE PRESIDENT. The Senator will state it. sorry condition if it would be disgraceful to have somebody Mr. NORRIS. Last Friday, in the course of some remarks I approach one to buy his paper, if he owned one or to buy his :made, I read portions of a letter written by Mr. Spaulding, horse or to buy his farm. This attempt made by the owners and ''superintendent of the municipal water plant at Springfield, Ill., publishers of this paper to try to put me into disrepute it Jn which reference was made to several things, and, among seems to me, is an illustration of trying to make something 'out :others, to negotiations which Mr. Spaulding said he understood of nothing. 1bad taken place on behalf of Mr. Copley for the purchase of the I desire to have printed in the RECORD in parallel columns fLos Angeles Express. I have received a _telegram from the the charge that they claim I made in the words in which I ~ owners of that paper taking me severely to task for reading that made it, and in the adjoining column their answer in which ~ extract, and I want now to read the telegram, first in order to they admit the absolute tn1th of everything that was said. ~ve it the same publicity as was -given to the extract from the The VICE PRESIDENT. Without objection, it is so ordered. !letter, and also to make some comments upon the telegram. Mr. NORRIS. The charge and the answer are as follows: · This telegram is directed to me and is dated Los Angeles, THE CHARGE-AS READ FROM THE THE ANSWER-FROM A TELEGRAM ~ Pa,lif., 12.17 p. m. March 17, 1928, and reads as follows: LETTER OF MR. W. J". SPAULDING SIGNED BY THE OWNERS AND rUB- Recently you were shocked when you were publicly charged as having LISHERS OF THE LOS AKGELES rreeeived money from Mexican s~t·ces for alleged pro-Mexican activities EXPRESS ,fn connection with your official duties as United States Senator. You T am informed negotiations were The facts are that last year Colo ~ complained bitterly because no effort had been made to check up as to under way for the purchase of the nel Copley negotiated for the pur ·the truth of the charge and pleaded that a great wrong had been done Express, one of the large papers of chase of stock in the Los Angeles tyou. Yesterday you read in the United States Senate a letter in which Los Angeles. Evening Express. Nothing devel :)reference is made to the purchase by Col. Ira C. Copley of certain news oped from the negotiations, and his ·papers in Illinois and California, in which you endeavor to show that effort to buy stock in the Evening tll.n attempt is being made to control public sentiment by the purchase Express was never consummated. ,of newspapers because of Colonel Copley's former connection with the ,public utility corporation. After telling of Copley's purchase of the :Mr. President, it is not my intention, and never has been, and •Springfield (Ill.) :Journal, of the San Diego Union and Tribune, and of as long as I _serve here neve-r will be, to make it a practice to fthe Kellogg papers in Los Angeles County, you are quoted .as having answer the misleading and sometimes slanderous statements fread into the official RECORD the following statement: which are made sometimes by newspapers and sometimes by " Negotiations are under way for the purchase of the Los Angeles individuals. I realize that I can not follow them through. I }Express." In your reckless quest for publicity you have involved the would not take the time of the Senate this morning if it were rgoou name of the Express in a story that, regardless of its merits, you not for the fact that in this telegram they are demanding from me a retraction. I wonder if these men really are as sensitive 1;,.t least are attempting to place tlle oonstruction of a power-controlled •press, and without checking at all as to the truth of your statement as the telegram would indicate? If so, they are the most sensi ~ou involve our paper in your charge. The facts are that these last yeat• th·e newspaper men I have ever come in contact with: They 1928 c ·oNGRESSIONAL RECORD-BEN.ATE 4955 ought to be engaged in superintending n Sunday school instead News, Elgin (Ill.) Courier-News, San Diego (Calif.) Union, and tbe n of Mr. Copley and his organi Commission; which has charge of the investigation of this sub zation, perhaps, to secure as many newspapers, particularly on ject, carefully to find out who the banks and the investment the Pacific coast, to carry on the .fight that he made and that I think is now being waged on behalf of what is known for the dealers are. It strikes me there is at least prima facie evidence want of a better name as the Water Power Trust. I did ask to show that an attempt is being made--and has been par that the matter be investigated by the Federal Trade Comm.is tially consummated-by Mr. Copley to control the press of a lar·ge portion of 1he counb:y. I think it also likewise follows sion, on which commission has been imposed by resolution of that the activity of these newspapers along some of the lines the Senate the duty of making an investigation on that subject, to which I am going to call attention goes a long way, at 'but, since Mr. O'Laugblin has called my attention to it, I think least, to bear ou.t the statement of Mr. Spaulding that the I ought to put into the RECORD some additional evidence of my object of securing the control .of th-ese newspapers, particularly own that was .not contained- in the ch:uges in the letter of on the Pacific coast, is to control and educate public opinion Mr. Spaulding. - against public ownership and the public handling of the water I hold in my hand, Mr. President, an advertisement which power and electric light situation on the Pacific coast. That appeared in the Illinois State Journal, which I understand is may not be true ; but it seems to me the evidence points \ery published in Springfield, Ill., on March 7, 1928. It is headed- strongly that way; at leru;t it is worthy of investigation, and I $3,2oo,ooo should welcome the appearance· of 1\Ir. Copley before the The Copley Press (Inc.) 5lh per cent serial collateral gold bonds. Federal Trade Commission, as the telegram sa.ys he will appear. Dated February 1, 1928, series A. Due serially 1930 to 1943. to make plain and clear that there is nothing of tl.lat kind Payment of principal and interest unconditionally guaranteed by in it. Ira C. Copley. I have also before me, Mr. President, a copy of a newspaper Then follows in the advertisement a description of the published in Los Angeles in which the writer goes more fully will into the subject to which Mr. Spaulding referred regarding Mr. amounts and the dates when the vari<>us bonds become Copley's activities. It will be remembered that the letter I due, and then comes this: 1·ead called attention to the fact that Mr. Copley appeared be First Trust & Savings Bank, Chicago, Ill., trustee. fore the Reed investigating committee and admitted there that We summarize as follows from information furnished by Ira C. be had contributed $25,000 to the campaign fund of Mr. Frank Copley, president of the company- L. Smith, who was knocking at the door of the Senate with the And this is the information that Mr. Copley has furnished Insull money in his pocket, anxious to have a seat in this them.: body. After referring to several other purchases. this writer SECUI:rTY says: These bonds are .the direct obligation of the Copley Press (Inc.), This man Copley then purcha'Sed tlle Springfield (Ill.) State Jourual. . which owns and operates. through wholly owned subsidiaries, five • __ * * Co_pley is reported to hav#J been .a contributor, along with daily newspapers: Aurora (Ill.) Beacon-Xews, Joliet (~) . Herald- _Inaull, to the giganti<_J Smith campaign corruption fund. Since bis 4956 CONGRESSIONAL RECORD-SENATE }fARCH 19 purchase of the Illinois State Journal that paper has painted Smith as as an angel, and when we consider also that he suppressed the pure as a lily and is actually supporting him for reelection to the progressive paper that he ·bought in San Diego, and that these Senate. • • other papers are favoring · the things that the -water Power The next step by Copley was to purchase the San DiE~go papers-the Trust and the hydroelectlic monopoly want, it is quite clear Tribune, the Union, and Independent. He is said to have paid that it would be fair at least for the Federal Trade Commission $3,000,000 for the first two- to find out who furnished the money, who are the investors, It will be remembered, 1\lr. President, from the advertise who are the bankers who put up the money to float these bond ment which I read that -the agents of 1\:lr. Copley say the in issues on the part of 1\lr. Copley. formation which was the basis of the advertisement had been It is not conclusive, I admit. It never has bee-n offered as received from :Mr. Copley himself and it was stated in that conclusive; and the fact that Mr. Copley's agent, the vice presi· advertisement that the proceeds of the bond issue of $3,200,000 dent of the company, says he stands ready to go on the witness were in major part used for the purchase of two of these stand and testify and have it investigated fully is commendable, newspapers- and I welcome him before the. Federal Trade Commission. I hope the Federal Trade Commission, without fear and without He is said to have paid $3,000,000 for the first. two and $35,000 for favor, will make a fair and an honest but a complete investiga· the Independent, whirh later he junked. tion of the whole matter. It seems to me that it is proper to consider that the one paper Mr. NORRIS subsequently said: Mr. President earlier in the there that was taking the opposite side of this question was pur day I made some remarks and read into the RECORD a telegram chased by Mr. Copley and was junked-dismantled and publi from Mr. O'Laughlin, vice pre ·ident of the Copley Press (Inc.), cation ceased. In other words, the one newspaper in San Diego and made some remarks in regard to the matter. Mr. O'Laugh that was standing for public ownership of electric and water lin was in the gallery, I ·understand, and heard the remarks I power utilities on the Pacific coast was purchased by him and made, and he has written ·me a letter and delivered it to me. junked and its publication ended. I ask unanimous consent to include it in the CoNGRESSIONAL It's a long jump RECORD as part of my remarks, and have it appear in the proper place in the RECORD at the close of the remarks I made earlier • Says this writer- in the day. from Illinois to California. Copley's appearanre in this section that The PRESIDEI\TT pro tempore. Is there objection? The will be vitally affected by the passage of the Swing-Johnson bill for Ohair hears none, and it is so ordered. the development of the Colorado River is also a significant bit of The letter is as follows : evidence. The fact that he scrapped the Independent, the only morn COPLEY PRESS (INC.), ing competitor in San Diego that stood in any way for the principle Washington. March 19, 19!8. of public ownership, is more interesting. Copley, upon taking over Hon. GEORGE W. NORRIS, the San Diego papers, again promised to " take a live interest" in United States Sfl'llateJ WasMngtonJ D. 0. San Diego's affairs. He probably will. SrR: On behalf of Copley Press (Inc.) I wish to state emphatically I ought to say here that this article goes· into the Evening that there is no connection of any kind whatsoever between the acquisi Express matter much more fully than Mr. Spaulding went. tion of newspapers by Mr. Ira C. Copl<.'y and any industry or interest, Mr. SHORTRIDGE. .The Los Angeles Express? save that of the public. Mr. NORRIS. The Los Angeles Express. The writer gives, The statement you made in the Senate to-dny is compounded of an in some detail here, those negotiations that Mr. Spaulding said unfounded letter and a rival newspape1· attack. You further read he tmclerstood had been in progress; but since I did not quote extracts from the advertisement published throughout ·the country offer this in regard to the Express I am not going to read it now. ing for sale the bonds of the Copley Press (Inc.) in the sum of After going into that the writer says: $3,200,000. So far as the letter is concemed, it was written by a man whose But what of it all? Why is Copley invading " public ownership •· hatred of the Illinois State Journal dates back to its opposition to his territory in California? Who is this man anyway? election to a municipal office in Springfield. This opposition was mani· And he says, further down: fested prior to Mr. Copley's purchase of the paper. 1.'he letter makes 1 can provide you only with the motives that have been attributed false and libelous statements throughout, as the slightest investiga to Copley by men of keen intelligence and close contact with news tion wo~d have established. With regard to the San Diego papers paper investments in San Diego, U>s Angeles, and San Francisco. acquired by Mr. Copley, their purchase by him divorced them from the First. That Copley's hope in acquiring a chain of Pacific coast papers interest which also owned public utilities in that part of the country. is to help halt the encroachment of the public-ownership idea, where it The Independent, which he als_o acquired and suppressed, was pur has achieved its greatest success, along the Pacific coast ; chased by him upon tbe solicitation of its owners, because they felt Second. To aid any political campaign for the Senatorship this year that with Mr. Copley in southern California the public Interests would that will defeat HIRAM W. JOHNSON, cosponsor, with Congressman be fully and amply safeguarded·. With r~gard to the bond issue, ~fr. PHIL D. SwrNGJ San Diego, of the Swing-Johnson bill, soon to come Copley observed the policy . which other newspaper proprietors have pursued in connection with newspaper purchases. 1.'he bonds were before the Congress ; Third. To assist in the development of sentiment on the Pacific sold in the usual manner, through bankers and investment houses, to coast that will be adverse to the construction of a Government-owned investors, and · in addition to the 'large assets and profits of the prop power plant at the Colorado River; and erties themselves Mr. Copley placed behind them his own name and his Fourth. To use every possible influ_ence to get possession of the own credit. No one else had anything whatsoever else to do with this great water-power resources of California, Oregon, and Washington financing. An inquiry at the First National Bank of Chicago would quickly and easily have verified this fact. for the Hydroelectric Superpower Trust. I may add that Mr. Copley has no connection of any kind with the The writer makes another statement that I do not read, management, direction, or control of any interest or industry save that JJecause it contains rather a serious charge, and I do not care of his newspapers. to make it myself. He winds up by saying: The newspapers compri-sing Copley Press are inspired by but one Use your own judgment as to whether yon wish to take any part in policy, the public interest, and one purpose, the promotion of the public aiding this sort of a man to pile up more milUons for Sam Insull on interest. As Mr. Copley has stated, neither he nor they have any axes the Pacific coast by acquiring our California newspapers. to grind. It is, therefore, of serious moment, that loose and false statements, You will remember that on Friday, from Mr. Spaulding's inspired by selfish motive contained in the Spaulding letter and the letter it appeared that 1\Ir. Copley had not only contributed newspaper to which you referred, should serve as the basis for an $25,000 to the campaign expenses of Mr. Smith but that ~e insinuation which even a cursory investigation would have shown to had himself at a prior date been the owner of large pnbhc be utterly .without foundation. With the facts before you, I believe utilit,v properties over which Mr. Smith, as chairman of the you will make the reparation to which we are entitled. Public Service Commission of Illinois, had general control, and Very tru1y yours, that when he had sold those properties, so Mr. Spaulding said, he took securities from the Insull properties. JOHN CALL AN O'LAUGHLIN, Vice Pr~ident Oopley Press (Inc.). It seems to me, Mr. President, that it was only fair that a conclusion should be drawn such as Mr. Spaulding has drawn; I~FECTIOU S DISEASE .AMOXG CAT'fLE-ANAPLAS:MOSIS (S. DOC. NO. and from that advertisement that I read it appeared that 74) $4,200,000 more of bond~ are to be issued by the Copley Press The VICE PRESIDENT laid before the Senate a communi for tlle purpose of buymg more newspapers. When we take cation from the President of the United States, transmitting a . into consideration the fact that in Springfield, where he recently supplemental estimate of appropriation amounting to $20,000 -purchased one of the leading newspapers, it immediately became for the Department 'Of Agriculture, fiscal year 1929, to enable a sponsor for Smith, painting him, as this article says, as pure the .~ecretary of Agriculture tQ meet an emergency caused by 1928 CONGRESSIONAL RECORD-SENATE · 4951 the outbreak-of a highly infectious disease -of cattle known as who, while serving abroad, suffered by theft, robbery, fire, em anaplasmosis, which, with the accompanying papers, was re bezzlement, or bank failure-s losses of official funds ; ferred to the Committee on Appropriations and ordered tQ be H. R. 9380. An act for the relief of Frank E. Shults; printed. H. R. 9385. An act for the relief of the estate of L. Gordon DI\'ISION OF CHILD WELFARE, DISTRICT OF COLUMBIA (S. DOC. NO. 73) Leech, bankrupt ; H. R.10014. An act for the relief of A. F. Gallagher; and The VICE PRESIDENT laid before the Senate a communi H. R.10417. An act for the relief of George Simpson and R. C. cation from the President of the United States, transmitting a Dunbar; to the Committee on Claims. suppleme-ntal estimate of appropriation, amounting to $25,000, fiscal year 1929, for the maintenance, under the jurisdiction of H. R. 936. An act for the relief of Garrett M. Martin ; H. R. 940. An act for the relief of Michael J. Fraher ; the · Board of Public Welfare, of a suitable place for the recep H. R. 943. An act for the relief of Thomas Carroll ; tion and detention of children under 17 years of age committed H. R. 1023. An act to correct the military record of Charles to the care of that board, which, with the a,ccompanying papers, Ebin Campbell, alias Ebin Campbell; was referred to the Committee on Appropriations and ordered to· be printed. H. R. 1182. An act for the relief of John Anderson ·: H. R. 1183. An act for the relief of Thomas Conlon ; lJI\n."'EILI~G EXERCISES AT STO~E MOUNTAL'q', GEORGIA H. R. 1531. An act for the relief of Edward Camp ; The VICE PRESIDENT. In accordance with Senate Con H. R. 1598. An act to provide for the retirement of August .current Resolution 12 the Chair appoints the Senator from Utah, Wolters as a first sergeant in the United States Army; Mr. SMoOT; the Senator from New Hainpshire, Mr. KEYEs; the H. R.1631. An act for the relief of Vanrenslear VanderCook, Senator from Kentucky, Mr. SACKETT; and the Senators from alias William Snyder ; G·eorgia, Mr. HARRIS and Mr. GEORGE as members on the part H. R. 2009. An act for the relief of James M. Pierce; of the Senate of the joint committee to represent the Congress H. R. 2098. An act for the relief of Alonzo Northrup; at the unveiling of the Stone Mountain monument at Atlanta, H. R. 2174. An act for the relief of Edward Gibbs; Ga., on April 9, 1928. H. R. 2527. An act for the 1·elief of William Porter; HOUSE BILLS AND JOINT RESOLUTIONS BEFERRED H. R. 2529. An act for the relief of Rezin Franklin Neves ; The following bills and joint resolutions were severally· read H. R. 2531. An act for the relief of Marion Francis Wade; twice by their titles and referred as indicated below : H. R. 3194. An act for the relief of Mary Neaf; B. R. 4068. An act for the relief of the Majestic Hotel, Lake H. R. 3268. An act for the relief of John G. DeCamp; Charles, La., and of Lieut. R. T. Cronan, United States Army; H. R. 3681. An act for the relief of Charles F. Reilly; to the Committee on Agriculture and Forestry. H. R. 4864. An act for the relief of William Martin; H. R. 8499. An act for the relief of Arthur C. Lueder; to the H. R. 4865. An act for the relief of Dock Leach ; calendar. H. R. 4954. An act for the relief of Thomas Purdell ; H. R.1951. An act granting six months' pay to Frank A. H. R. 4963. Ari act for the relief of Randolph-Macon Acad- Grab; emy, Front Royal, Va.; · H. R. 4608. An act for the relief of Claude S. Betts ; H. R. 6377. An act for the relief of John Shannon ; H. R. 5872. An act for the relief of William C. Gray; H. R. 6908. An act for the relief of Michael Ilitz; H. R. 6440. An act for the relief of Alfred "'· Mathews, former H. R. 7268. An act for the relief of John Hervey ; ensign, United States Naval Reserve Force; and H. R. 7708. An act tor the relief of John 1\1. Brown; H. R.l1526. An act to authorize the construction of certain H. R. 8443. An act for the relief of Joseph W. Jones; and naval vessels, and for other purposes; to the Committee on H. J. Res.l18. Joint resolution authorizing the Secretary of Naval Affairs. War to award a duplicate Congressional Medal of Honor for the H. R. 333. An act authorizing the sale of certain lands near widow of Lieut. Col. William J. Sperry; to the Committee on Seward, Alaska, for use in connection with the Jesse Lee Home; Military Affairs. H. R. 1997. An act for the relief of Clifford J. Turner ; H. J. Res. 217. Joint resolution providing for the remission of H. R. 3032. An act for the relief of First National Bank of duties on certain eattle which have crossed the boundary line Mountain Home, Idaho; · - into foreign countries; to the Committee on Finance. H. R. 4125. An act for the relief of HoJger 1\1. Trandum; PETITIONS AND MEMORIALS '·' H. R. 4378. An act to authorize the Secretary of the Interior to-dispose by sale of certain public land in the State of Florida ; Mr. HARRISON presented the following concurrent resolu and tion of the Legislature of the State of Mississippi, which was H. R. 9118. An act for the relief of William C. Braasch ; to referred to the Committee on Agriculture and Forestry : the Committee on Public Lands and Surveys. Senate Concurrent Resolution 13, memorializing the Congress of the ., H. R. 924. An act for the relief of Joe D. Donisi; United States to investigate the Department of Agriculture and to H. R. 979. An act for the relief of J. W. Zornes; prevent the Department of Agriculture from making unwarranted H. R. 1588. An act for the relief of Louis H. Harmon ; statements that will affect the price of c:otton B. R. 1616. An act for the relief of Carl C. Back; B. R. 2137. An act for the relief of Ed. Snyder, William Whereas the Department of Agriculture of our Federal Gov;rnment Paddock, Ed. Strike, and A.. S. Heydeck ; had gained the confidence of the farmers and the business men of the H. R. 2654. An act for the relief of Anton Ande1~son ; South; and B. R. 2657. An act for the relief of Thomas Huggins; Whereas that confidence was justified so long as that department of H. R. 3844. An act for the relief of Myra Madry ; the Federal Government restricted its activities to its duties delegated H. R. 4229. An act for the relief of Jennie Wyant and others; to it by Congress ; and H. R. 426.7. An act for the relief of Ernest J ~ Hiscock; Whereas during the fall of 1927 the Secretary of Agriculture of the H. R. 4303. An act for the relief of the Smith Tablet Co., United States exceeded his authority by predicting the trend of .low of Holyoke, Mass. ; prices in the near future for cotton and cotton products, and by H. R. 499'J. An act for the relief of William Thurman Enoch ;· issuing a statement which appears to have been erroneous concerning U. R. 5075. An act for the relief of W. J. Bryson; cotton consumption that was ill-advised and apparently from private H. R. 5225. An act for the relief of Frank ·w. Tucker; or interested sources, all of which were nothing more than guesses; H. R. 5399. An act for the relief of George Heitkamp ; and H. R. 5930. An act for the relief of Jesse W. Boisseau; Whereas as a result of said statements or guesses of the Secretary H. R. 6271. An act for the relief of James C. Fritzen; of .Agriculture as to the trend of prices and consumption of cotton. H. R. 6367. An act authorizing the redemption by the United the farmers throughout the South lost millions of dollars ; and State-S Treasury of 20 war-saving stamps (series of 1918) now Whereas the making of such statements or guesses is improper, and ·heid by Dr. John 1\Iack, of Omaha, Nebr.; is a vital question to the entire South : Therefore, be it H. R. 6436. An act for the relief of Mary E. O'Connor; Resol-l:ed bg tM Senate of the State of Mississippi- (tM Ho-use o1. H. R. 8031. An act for the relief of Higgins Lumber QQ. (Inc.) ; Representatives concurring herei-n), That it is the sense and the opinion H. R. 8810. An act for the relief of John L. Nightingale; of the Legislature of Mississippi, as the representatives of tbe people of H. R. 8890. An act for the relief of A. N. Ross; this State, that-the entire people of the State of Mississippi disapprove H. R. 8957. An act to reimburse Jose-ph Rosen, formerly of of said unwarranted activities of the Sec-retary of the Department of the United States Navy, for losses sustained while carrying out Agriculture in making statements or guesses as aforesaid, and that we his duties ; · respectfully memorialize Congress to condemn such activities ·and to · H. R. 8968. An act to allow credit in the accounts of William make an investigation of said department or to take such steps as :A. Schoenfeld ; may appear necessary to prevent a recurrence of such activities on the H. R. 9112. An act for the relief of William Rodedck Dorsey part of the Department of Agriculture of the United States; be it -and other officers of the Foreign Service of the United States, further 4958 CONGRESSIONAL REC-ORD-SENATE 1\:f.ARCH 19 Resolved~ That copies of this resolution be sent immediately to the Conn., remonstrating against the carrying into effect of the President of the United States and to the Secretary of Agriculture and national-origins quota provision of the existing immigration law to each of our Senators and Representatives in Congress. which was referred to the Committee on Immigration. ' I hereby certify that the above and foregoing resolution is a true CONSTRUCTION OF NAVAL CR~SERS and correct copy of Senate Concurrent Resolution 13, passed by the senate on the 23d day of February, 1928, and by the house of represen 1\fr. EDGE. Mr. President, I send to the desk two tele tatives on the 9th day of March, 1928. grams and a letter protesting against the so-called Dallinger H. E. KING, amendment to the naval construction bill, which provides, as Secretary of the Senate. I recollect, that eight of the contemplated new cruisers shall be built in Government yards. I ask to have the clerk read Mr. CAPPER presented a petition of sundry citizens of the first telegram only, and ask unanimous consent that the Mound City, Kans., praying for the passage of legislation grant others be inserted in the RECORD, and that all of them be re ing increased pensions to Civil War \eterans and their widows, ferred to the Committee on Naval Affairs. which was -referred to the Committee on Pensions. The VICE PRESIDENT. Without objection, the clerk will l\lr. BLAINE presented a memorial signed by 35 citizens of read, as requested. Wonewoc, Wis., remonsb.·ating against the passage of legislatio:r;t The Chief Clerk read as follows : decreasing the pensions of certain widows as proposed in the so-called Fitzgerald bill, H. R. 10159, etc., which was referred C.AMDEN, N. J., Ma1·-eh 17, 1928. to the Committee on Pensions. w .ALTER E. EDGE, He also presented a petition signed by 65 citizens of Two Senate Offi-ce Building, Washington, D. a.: Rivers, Wis., praying for the passage of legislation granting in On behalf of 5,000 skilled shipbuilders, residents and voters of creased pensions to Civil War veterans and their widows, which New J"ersey, 3,500 of whom have been out of work since last Octo was referred to the Committee on Pensions. ber, and whose families are in need of help, we ask the exercise of l\Ir. DEl\"'EEN presented petitions numerously signed by sun your high office in defeating an amendment to the House naval bill dry citizens of the State of Illinois, praying for the passage of requiring one-half of the ships authorized therein to be built in navy legislation granting increased pensions to Civil War veterans yards. The New York Shipbuilding Co., of Camden, N. J., ha13 the and their widows, which were referred to the Committee on largest private shipbuilding yard in America, if not in the world. Pensions. We have built a substantial part of the existing Navy fleet and many 1\Ir. COPELAND presented petitions of sundry citizens of New vessels for the merchant marine. We have just completed the air York and Brooklyn, N. Y., praying for the passage of legisla plane carrier Saratoga, one of the finest and fastest vessels in the tion granting increased pensions to Civil War Yeterans and American fleet. Records of the hearings Magruder's testimony before their widows, which were referred to the Committee on Pen the House committee shows that it costs less to build capital ships sions. in private yards than in navy yards. Hundreds of our men have He also presented petitions of sundry citizens of Pennsylvania, devoted their entire lifetime in becoming skilled in the art of building Wisconsin, and New Mexico, praying for the passage of legisla ships. Many of them at·e now working only half time. Unless we can tion requiring that the finger and foot prints of mother and be reasonably assured as to the future permanency of our work it will child be taken at birth on joined cards; providing for the identi be necessary to seek employment elsewhere, the effect of which will be fication of persons injured, lost, or otherwise unmarked; and the to seriously embarrass an essential national industry in the time of identification of every alien and traveler by card with his own need. proper finger prints thereon with the number and location of DAVID WILLIAMS, the Bureau of Registration where first filed and taken, etc., Ohai-1-man Shop aommittee, New York Shipbuildi1lU ao. which were referred to the Committee on ~Jducation and Labor. The VICE PRESIDENT. Without objection, the other tele Mr. l\fcLEAN presented memorials of the Everyman's Bible gram and letter will be printed in the RECORD, and all of the Class of Trinity l\I. E. Church, of Norwich, and the E-veryman's communications will be referred to the Committee on Naval Bible Class of Union Baptist Church, of Mystic, both in the Affairs. State of Connecticut, remonstrating against adoption of the The telegram and letter are as follows: proposed naval building program without certain amendments, which were referred to the Committee on Naval Affairs. C.AMDEN, N. J., Ma1·ch 17~ 19!8. He also presented a petition of sundry citizens of New Hon. WALTER El. EDGE, Haven, Conn., praying for the passage of legislation granting Senate Building, Washington, D. a.: increased pensions to Civil War veterans and their widows, On behalf of 5,000 experienced ship workers and citizens of New Jersey which was referred to the Committee on Pensions. and on behalf of the merchants of Camden and neighboring towns, He also presented papers in the nature of petitions from the whose business is seriously hurt of 3,500 of these ship workers being at 1Voman's Christian Temperance Union of Newington, the Girls present unemployed, this organization strongly urges you to defeat un Friendly Society of Gales Ferry, and the League of Women amendment to the House naval bill requiring one-half of the ships Voters of Sprague, all in the State of Connecticut, praying for· authorized therein to be built in navy yards. Camden is the home of the ad.option of the Gillett World Court resolution requesting the the New York Shipbuilding Co., operating the largest private ship President to consider further exchange of views with the signa building yard in the world and builder of many vessels now the pride of tory nations regarding the United States reservations relative the American Navy and merchant marine, including the Saratoga. This to the Permanent Court of International Justice, etc., which yard furnjshed the nuclei for many eme·rgency shipbuilding organiza were referred to the Committee on Foreign Relations. tions during World War. It builds more economiC!l.lly than Government He also presented a letter in the nature of a petiticm from yards. Defeat of this amendment will give work to thousands now in Frank C. Godfrey Unit, No. 12, American Legion Auxiliary, of distress, and will encourage one of Nation's vital industries. South Norwalk, Conn., praying for the passage of the S(}-called FRAIS B. W.ALLEN, Capper bill, being Senate bill 1289, to provide further for the President aamtlen 011-arnber of aommerce, aamdcn, N. J. national security and def-ense, etc., which was referred to the Committee on Military Affairs. COURIER AND POST, He also presented a paper in the nature of a memorial from aamaen, N. J.: March rt, 19£8. Local Union, No. 42, Cigarmakers International Union of Amer Hon. WALTER E. EDGE, ica, of Hartford, Conn., remonstrating against the passage of United States Senate~ Washi11gton, D. 0. House bill 9195, providing for parcel-post service to Cuba, etc., DEAR SENATOR : I was surprised and chagrined this morning to learn which was referred to the Committee on Finance. that the House accepted, by a vote of 115 to 102, an amendment to the He also presented papers in the nature of memorials from warship construction bill, introduced by Congressman D.ALLINGER, of the Building & Loan Association of Danbury, the Patriotic Massachusetts, providing that 8 of the 16 proposed ct·uisers should be Order, Sons of America, of Meriden, and Wigwam of Com constructed in Government n!lvy yards. pounce Tribe, No. 15, Improved Order of Red l\fen, of Bristol, Naturally, Mr. DALLINGER wants to divert as much Government work all in the State of Connecticut, remonstrating against the pas as possible to his commtmity. But I understood that the navy yards sage of Senate bill 1752 to regulate the manufacture and sale were taken care of by a provision covering repairs and a Iterations on of stamped envelopes, which were referred to the Committee existing ships, which would insure a continuance of present pay rolls. on Post Offices and Post Roads. No measure of preparedness is more important than maintaining He also presented a paper in the nature of a petition from our present private shipbuilding plants. The whole interest of the Franz Daniel Pastorius Unit, No. 122, the Steuben Society . of Nation is gravely concerned. If the Government does not support America, at New Britain, Conn., praying for the repe.a.l of the these private yards with a reasonable amount of naval construction national-origins quota provision of the existing immigration law, work they will surely disintegrate. which was referred to the Committee on Immigration. Take the local situation. The New York ship yard (American Brown He also presented a paper in the nature of a memorial from Boveri Co.) is at present employing only 1,600 shipyard workers the Swedish Congregational Bethany Church of Naugatuck, against a normal minimum of 5,000. There are 3,400 experienced men 1928 CONGRESSIONAL RECORD-SENATE 4959 I out ()f work, and if they can not be put to work very soon, they will He also, from the Committee on Immigration, to which was drift away into other sections of the country, and other means of referred the bill ( S. 716) to exempt American Indians born in livelihood. Canada and American Indians born in Mexico of h~ibes formerly Close down the New York shipyard completely, and it would only settled in the United States from the operation of the immigra take a few weeks to have its machinery oiled up and in running order, tion act of 1924, reported it with amendments and submitted a but it would take a few years to gather together 5,000 experienced report (No. 568) thereon. bands, and in an emergency these few years might decide the fate Mr. BLACK, from the Committee on Claims, to which was of this Nation. referred the bill ( S. 2336) for the relief of Nina MacDonald, I am bringing this matter to your attention because as the news Zenas V. Johnston, Margaret E. Thompson, Arthur L. Beaman, paperman closest to it, it is my duty so to do, 3ust as I believe May Fee, Wlllis E. Young, Daniel E. Tm·beville, Clarence C. it is your duty to bring it to the attention of the Senate. Spears, and Ina Mae Elkins, reported it with amendments and Of course, it will be argued that we of Camden have a selfish interest 'submitted a report (No. 564) thereon. in desiring more work for our shipbuilding plant. But, according to He also, from the Committee on :Military .Affairs, to which this theory, we would have to discard all warning from local sources were referred the following bills, reported them each without regarding any local condition. We would have to discard the warn amendment and submitted reports thereon: ings of flood-district Senators as to conditions in their States. Thank A bill (H. R. 5255) for the relief of Jacob F. Webb (Rept. No. goodness, Camden has such varied industries that it is not dependent 565); and on any one, and shipbuilding represents only a very small part of the A bill (H. R. 7944) to authorize appropriations for construc industrial strength of this community. tion at military posts, and for other purposes (Rept. No. 566). Knowing shipbuilding conditions as I do, I can appreciate the im Mr. BLACK, from the Committee on Military Affairs, to portance of keeping experienced ship workers in this community. I which were referred the following bills, reported adversely know there are families where two and three generations have been thereon: engaged in this line of work. I know that Representative DALLDIGER's thoughtless amendment will destroy shipbuilding in this community A bill ( S. 1207) for the re-lief of Alfred 0. Huestis; and will probably have the same effect on the two or three other A bill (H. R. 3049) for the relief of Alexander Ashbaugh; and private yards that are capable of turning out warships in an _emer A bill (H. R. 4280) to correct military record of John w. Cleavenger, deceased. gency. Mr. METCALF, from the Committee on Patents, to which An editorial along the lines of this letter will appear in the Courier was referred the bill ( S. 2823) amending the statutes of the of Monday, March 19, and I will send you a copy of lt. United States, with respect to reissue of defective patents, I do hope that you will consider that this matter deserves your reported it without amendment and submitted a report (No. urgent attention. 567) thereon. Yours sincerely, Mr. KING, from the Committee on the Judiciary, to which J. DAVID STER~ - was referred the bill ( S. 2679) to limit the period for which an REPORTS OF COMMITI'EES officer appointed with the advice and consent of the Senate may Mr. COPELAND, from the Committee on the District of bold over after his term shall have expired, reported it with Columbia, to which was referred the bill (S. 2511) to change the an amendment. name of St. Vincent's Orphan Asylum and amend the act en Mr. DALE, from the Committee on Commerce, to which were titled "An act to amend an act entitled 'An act to incorporate referred the following bills, reported them with amendments St. Vincent's Orphan Asylum, in the District of Columbia.' and submitted reports thereon : approv-ed February 25, 1831," reported it without amendment A bill (S. 3462) granting the consent of Congress to the and submitted a report (No. 554) thereon. Maysville Ohio River Bridge Co., its successors and assigns to Mr. BINGHAM, from the Committee on Military Affairs, to con truct a bridge across the Ohio River at or near Maysville which was referred the bill ( S. 750) to amend the act entitled Ky. (Rept. No. 569) ; , "An act for making further and more effectual provision for A -bill (S. 3511) granting the consent of Congress to the State the national defense, and for other purposes," approved June 3, Highway Commission of Arkansas to construct maintain and 1916, as amended, and for other purposes, reported it with an operate a bridge across the White River at Cotter, Ark. (Rept. amendment and submitted a report (No. 557) thereon. No. 570); and · He also, from the same committee, to which was referred A bill (H. R. 9365) to legalize a bridge across the St. Francis the bill (S. 2611) to authol'ize the Secretary of War to loan River at or near Marked Tree, in the county of Poinsett, .Ark.. aeronautical equipment and material for purposes of research (Rept. No. 571). and experimentation, reported it with amendments and sub~ 1\lr. DALE also, from the Committee on Commerce, to which mitted a report (No. 558) thereon. was referred the bill (H. R. 5721} authorizing E. l\I. Elliott He also, from the same committee, to which was referred the and Associates (Inc.) , its successors and assigns, to construct bill ( S. 2256) authorizing the President to order Clifton E. maintain, and operate a bridge across the Ohio River at High, late first lieutenant, Medical Corps, United States Army, Augusta, Ky., reported it with an amendment and submitted a before a retiring board for a bearing of his case, and upon report (No. 572) thereon. the findings of such board determine whether or not he be Yr. DALE also, from the Committee on Commerce, to which placed on the retired list with the rank and pay held by him at were referred the following bills, reported them severally with the time of his resignation, reported adversely thereon. · out amendment, and submitted reports thereon : Mr. STECK, from the Committee on Military Affairs, to which A bill ( S. 3362) authorizing Henry Thane, his heirs, legal was referred the bill (S. 140) for the relief of Alpha Newell, representatives and assigns, to construct, maintain, and oper reported adversely thereon. ate a bridge across the Mississippi River at or near Arkan~as Mr. TYSON, from the Committee on Military Affairs, to which City, Ark. (Rept. No. 573) ; was referred the bill (S. 366) for the relief of Clyde Leonard, A bill (H. R. 7927) granting the consent of Congress to the reported advtrsely thereon and moved that the bill be indefi Louisiana Highway Commission of the State of Louisiana to nitely postponed, which was agreed to. construct~ maintain, and operate a free highway bridge across Mr. FLETCHER, from the Committee on Military Affairs, to the Atchafalaya River at or near Melville, La. (Rept. No. 574) • which was referred the bill (H. R. 6094) to amend section 7 ·of A bill (H. R. 8897) to revive and reenact the act entitled Public Act No. 45, Sixty-ninth Congress, entitled "An act author~ "An act granting the consent of Congress to the city of Chicago izing the use for permanent construction at military posts of to construct a bridge across the Calumet River at or near One the proceeds from the sale of surplus War Department real hundred and thirtieth Street, in the city of Chicago, county of property, and authorizing the sale of certain military reserva Cook, State of Illinois," at~proved March 21, 1924 (Rept. No. tions, and for other purposes," reported it without amendment 575); and submitted a report (No. 559) thereon. A bill (H. R. 9350) granting the consent of Congress to Frank Mr. BROOKHART, from the Committee on Military A:ffairs, E. Merrill, carrying on busine s under the name and style of to which was referred the bill (H. R. 232) to amend the act of Frank E. Merrill & Co.'s Algonquin Shores Realty Trust, to June 7, 1924, prescribing the persons entitled to the benefits of construct, maintain, and operate a footbridge across the Fox the National Home for Disabled Volunteer Soldiers and the River (Rept. No. 576) ; method of their admission thereto, reported it without amend~ A bill (H. R. 9361) granting the consent of Congress to the ment and submitted a report (No. 560) thereon. city of St. Charles, State of Illinois, to widen, maintain, and Mr. REED of Pennsylvania, from the Committee on Military operate a bridge across the Fox River within the city of St. Affairs, to which wa~ referred the bill (H. R. 7932) to authorize Charles, State of Illinois (Rept. No. 577) ; appropriations for construction at military posts, and for other A bill (H. R. 9761) to extend the time for completing the con purposes, reported it without amendment and submitted a report struction of a bridge across the Monongahela River at or near (No. 562) thereon. Pitt'3burgh, Pa. (Rept. No. 578); · 4960 - CONGRESSIONAL RECORD-SENATE MARCH 19 A bill (H. R. 9773) granting the consent of CongTess to the resident of York County, State of South Carolina; (3) a citizen and Manufacturers' Electric Terminal Railway, its successors and resident of Cleveland County, State of North Carolina; (4) and a citi assigns, to construct, maintain, and operate a bridge across the zen of Cherokee County, S. C. Missouri River, at or near the mouth of the Big Blue River, in SEC. 2. In appointing the members of the commission created by Jackson County, Mo. (Rept. No. 579); · section 1 of this act the Secretary of War shall, as far as practicable, A bill (H. R. 9946) to extend the times for commencing and select persons familiar with the terrain of the battle field of Kings completing the construction of a bridge across the Wabash River Mountain, S. C., and the historical events associated therewith. at or near Mount Carmel, Ill. (Rept. No. 580) ; SEc. 3. It shall be the duty of the commission, acting under the direc A bill (H. R. 9964) authorizing E. L. Higdon, of Baldwin tion of the Secretary of War, to inspect the battle field of Kings County, Ala., his heirs, legal representatives, and assigns, to Mountain, S. C., in order to ascertain the feasibility of preserving and construct, maintain, and operate a bridge across Perdido Bay marking for historical and professional military study such field. The at or near Bear Point, Baldwin County, Ala. (Rept. No. 581) ; commission shall submit a report of its findings and an itemified state A bill (H. R. 10025) to extend the time for completing the ment of its expenses to the Secretary of War not latex than December construction of a bridge across the Monongahela River at or 1, 1928. near Cliff Street, McKeesport, Pa. (Rept. No. 582) ; SEC. 4. There is authorized to be appropriated, out of any money in A bill (H. R. 10143) granting tbe consent of Congress to the the Treasury not otherwise appropriated, the sum of $1,000, or such Louisiana Highway Commission to construct, maintain, and part thereof as may be necessary, in order to carry out the provisions operate a free highway bridge across the Sabine River at or of this act. near Menyville, La., on the Merryville-Newton highway (Rept. · The amendment was agreed to. No. 583); The bill was reported to the Senate as amended and the · A bill (H. R. 10144) authorizing the B & P Bridge Co., its amendment was concurred in. ' successors and assigns, to construct, maintain, and operate a The amendment was ordered to be eno-rossed and the bill to bridge across the Rlo Grande River at or near Zapata, Tex. be read a third time. b (Rept. No. 584) ; The bill was read the third time, and passed. A bill (H. R. 10424) authorizing John C. Mullen, T. L. Davies, DUILDINGS IN TUCSON, ARIZ. John H. Hutchings, and Virgil Falloon, all of Falls City, Nebr., their heirs, legal representatives, and assigns, to construct, Mr. BLE~SE. From the same committee I report back favorably, wtthout amendment, Senate bill 2978 authorizing the maintain, and operate a bridge acros~ the Missouri River at or near Rulo, Nebr. (Rept. No. 585) ; ~ecretary ?f War to don_ate certain buildings to the city of A bill (H. R. 10566) granting the consent of Congress to the 'Iucs?n, Anz., and I l';!Ubm1t a report (No. 556) thereon. I ask cit of Peoria, Peoria County, Ill., to construct, maintain, and unammous consent for the immediate consideration of the bill. The VICE PRESIDENT. Is there objection to the present operate a free highway bridge across the Illinois River at or consideration of the bill? near Peoria, Ill. (Rept. No. 586) ; A bill (H. R. 10658) authorizing the Interstate Bridge Co., its There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which was read, as successors and assigns, to construct, maintain, and operate a follows: bridge across the Missouri River at or near Decatur, Nebr. (Rept. No. 587) ; Be it enacted~ etc., That the Secretary of War is hereby authorized to A bill (H. R. 10707) authorizing the Point Marion Community donate to the city of Tucson, State of Arizona, without cost to the said Club~ of Point Marion, Pa., its successors and assigns, to con city, for public use, all of buildings Nos. 1, 3, and 4 now located on the struct, maintain, and operate a bridge across the Monongahela old Army aviation field in said city of Tucson, including heating and River· at or near Point Marion, Pa. (Rept. No. 588) ; plumbing fixtures and excluding water heater and hot-water tank, which A bill (H. R. 10756) authorizing the State of Indiana to con said buildings are now located on property of the said city of Tucson struct, maintain, and operate a toll bridge across the Miami formerly leased to the United States. River between Lawrenceburg, Dearborn County, Ind., and a The bill was reported to the Sennte withop.t amendment, or point in Hamilton County, Ohio, near Columbia Park, HamUton dered to be engrossed for a third reading, read the third time, County, Ohio (Rept. No. 589); and and passed. A bill (H. R. 10806) authorizing the city of Atchison, Kans., and the county of Buchanan, 1\lo., or either of them, to con- BILL INDEFINITELY POSTPONED struct, maintain, and operate a toll bridge across the Missouri 1\Ir. BLEASE. I also make an adverse report on House bill River at or near Atchison, Kans. (Rept. No. 590). 4902, to correct the military recor-d of Charles Robertson with a recommendation for its indefinite postponement. ' BAT'l'LE FIELD OF Kl ~Gs MOUNTAIN The VICE PRESIDENT. Without objection the bill is indefi- Mr. BLEASE. Mr. President, from the Committee on Mili- nitely postponed. ' tary Affairs I report back favorably, With an amendment, , FORTY-FOUR-HOUR WEEK FOR GOVERNMENT EMPLOYEES House bill 11140, to provide for the inspection of the battle Mr. BROOKHART. From the Committee on Civil Service I field of Kings l\Iountain, S. C., and I submit a. report (No. 555) report back favorably the bill S. 3116, providing for half boll thereon. I call the attention of the Senator from North Caro- days for certain Government employees. The bill refers to the Una [l\Ir. OVERMA l to this bill, and I ask unanimous consE!nt 44-hour week for Government employees. I ask unanimous for its immediate consideration. consent for its present consideration. Mr. SMOOT. I should like to ask the Senator if this is a nanimous report from t.Le committee? The VICE PRESIDE1\~. Is there objection to the present U consideration of the bill? Mr. BLEASE. It is a unanimous report; yes. The bill Mr. CURTIS. Let it go to the calendar. simply provides an additional committee of three men to assist The VICE PRESIDENT. The bill will be placed on the the Secretary of War in making the inspections. calendar. :Mr. O"VERMAN. It has also passed the House of Repre- CONTROL OF AIRCRAFT FOR SEACOAST DEFENSE sentatives. 1\lr. BLEASE. The amendment was suggested by the chair 1\Ir. REED of Pennsylvania. From the Committee on Mili man of the committee, the Senator from Pennsylvania [Mr. tary Affairs I report back favorably without amendment Senate Concurrent Resolution 11, providing for a commission to investi REED]. The VICE PRESIDENT. Is there objection to the present gate the problem of the control of aircraft for seacoast defense and I submit a report (No. 561) thereon. Inasmuch as it con: consideration of the bill? cerns the Navy as much as it does the Army, I request that I '.rhere being no objection, the Sen~te, as in Committee of the may now be permitted to report it favorably, and that it be Whole, proceeded to consider the bill, which had been reported immediately referred to the Committee on Naval Affairs. from the Committee on Military .Affairs with an amendment, on page 1, line 3, after the word "That," to insert a comma and The VICE PRESIDENT. Without objection, the concurrent the words "to assist in the studies and investigations of battle resolution will be so referred. fields in the United States for commemorative purposes author E ROLLED BILLS PRESENTED ized by an act approved June 11, 1926 (Public No. 372, 69th Mr. GREENE, from the Committee on Enrolled Bills, reported Cong.) ," so as to make the bill read : that this day that committee presented to the President of the Be it enacted, etc., That, to assist in the studies and investigations of United States the following enrolled bills : battle fields in the United States for commemorative purposes. author S. 2007. An act to authorize the Secretary of War to pay ized by an act approved June 11, 1926 (Public No. 372, 69th Cong.), a officers and Filipinos formerly enlisted as members of the Na commission is hereby created, to be composed of the following members, tional Guard of Hawaii for field and armory training during who shall be appointed by the Secretary of War: (1) A commissioned years 1924 and 1925, and to validate payments for such train- officet· of the Corps of Engineers, United States Army; (2) a citizen and ing heretofore made ; · 1928 CONGR.ESSIONAL -RECORD-SENATE 4961 S. 2021. An act extending and continuing to January 12, 1930, situation is such that it ought not to be put in effect imme the provisions of '·An act authorizing the Secretary of the In diately; and in order that time may be given to make these terior to determine and confirm by patent in the nature of a computations, which it is hoped may be accurate in the future, tleed of quitclaim the title to lots in the city of Pensacola, Fla.," the postponement for one year is desired. approved January 12, 1925; and Mr. DILL. I want to say to the Senator that I am in sym S. 2800. An act authorizing E. K. Morse, his heirs and legal pathy with his proposal, but I would like to see the proposal l'epresentative , and assigns, to construct, maintain, and operate made to repeal the national-origins clause of the immigration a bridge across the Delaware River at or near Bmlington, N . .T. act. I can not bring myself to think that we ought to cut down
OTTO KAH. 0~ FLORIDA the immigration of northern Europeans for others not so desirable. Mr. FLETCHER. Mr. President~ in view of the fact that many people throughout the country are interested in the sub Mr. HEFLIN. Mr. President I would rather that the joint ject, and many inquiries have been made in regard to it, I ask resolution should go over for the day. I would like to look into the measure. I object. to ha>e printed in the RECORD a short statement from a disin tere. ted re!'ponsible source entitled "Otto Kahn on Florida." The VICE PRESIDENT. There is objection to the con idera The YICE PRESIDENT. Without objection, it will be so tion of the joint re~olution. ordered. FORT DOKELSO~ NATIONAL MILITARY PARK The matter referred t.o is here printed, as follows: 1\fr. TYSON. l\Ir. President, I report back favorably without OTTO KAHX 0~ FLORIDA-POSITION AND POTENTIALITIES OF STATE IXDICATE amendment from the Committee on Military Affairs the bill ITS PROSPERITY CERTAIN, BANKER DECLARES (H. R. 5500) to establish a national military park at the battle (Special to the Wall Street Journal) field of Fort Donelson, Tenn., and I submit a report (No. 563) MIAlln.-Otto Kahn, the New York banker, sums up his opinion of thereon. I ask for the immediate consideration of the bill. Florida as follow : The YICE PRESIDENT. Is there objection? " I am not a prophet, but Florida will more than come back into its There being no objection, the Senate, as in Committee of the rightful prosperity. When yon consider the- geographical location of Whole, proceeded to consider the bill. Florida in relation to the vast population of the United State ; when The bill was reported to the Senate without amendment, you consider the color of this country, its climate, the things you can do ordered to a third reading, read the third time, and passed.
down here six montbs in the year without the frozen conditions of the BILLS AND JOIXT RESOLUTIO~ INTRODUCED N'orth, the agricultural potentialities or the back country, the strategic relation to the great wealth of South America, you can see that Florida Bills and a joint resolution were introduced, read the first mu t progress. time, and, by unanimous consent, the second time, and refeued '' If the people will have patience, will work bard, and above all, as follows: wi1l not lose their self-confidence, Florida is bound to take its unique By Mr. McKELLAR: place on the economic map of America. I do not say when that will A bill ( S. 3660) granting a pension to Minnie Dans; to the be---maybe 1 year, maybe 5 or lo--but it will surely come about." Committee on Pensions. By l\fr. EDGE: ~ATIOXAL ORJGINS A bill ( S. 3661) for the relief of the estate of Farnham Z. ::.\Ir. JOHNSON. Mr. President, I am compelled to ask, be Tucker, deceased; to the Committee on Claims. cause of the nearness of the date, unanimous consent for the By Mr. ED'V ARDS : illllllediate con~ideration of Senate Joint Resolution 113, to A bill (S. 3662) granting increased compensation to Anna ameml subdivisions (b) and (e) of section 11 of the immigra Davenport; to the Committee on Claims. tion act of 1924, as amended, which on Friday last was reported A bill ( S. 3663) granting a pension to Michael J. Murphy; to from the Committee on Immigration. the Committee on Pensions. ~lr. OURTIS. Mr. President, it was my intention to ask A bill ( S. 3664) to place William H. Crap on the retired li t unanimous consent, when the routine morning business had been of the United States Navy as a lieutenant; to the Committee on concluded, that we take up the calendar for the consideration N a Yal Affairs. of unobjected bills, commencing where we left off at the last By Mr. TYSON: call of the calendar. A bill (S. 3665) to make more ndequate provision for pen Mr. JOHKSON. If there is objection to my request, I shall sions for members of the pennanent milita1·y or naval sen-ice pass it o>er immediately. of the United States, their widows, and dependents, and for :Mr. CuRTIS. Let the joint resolution be read. other purposes; to the Committee on Pensions. The joint resolution was reacl. By Mr. NEELY: Mr. ROBINSON of Arkansas. May I ask the Senator a A bill ( S. 3666) granting an increase of pension to 1\IanerTy que tion·? Jackson ; to the Committee on Pensions. Mr. JOHNSON. Certainly. By Mr. REED of Mi souri: ::.\lr. ROBINSON of Arkansas. It appears that the pUl'pose A bill ( S. 3667) granting a pension to Mary Elling ( rdth of the joint re~olution is to ~)ostpone for another year the accompanying papers) ; to the Committee on Pensions. t3king effect of the so-called national-origins clause or pro A bill ( S. 3668) for the relief of the Carlisle Commission Co. ; vision with respect to immigration. to the Committee on Claims. · l\lr. JOHNSON. Yes. By Mr. HOWELL: Mr. ROBINSON of Arkansas. What are the reasons for the A bill (S. 3669) to provide for the settlement of damage postponement? claims arising from the construction of the Petrolia-Fort W01th Mr. JOHNSON. The reasons are that the computations gas-pipe line (with accompanying papers) ; to the Committee which have been made are indefinite and uncertain, and that on Claims. the very experts who made those computations desire further By Mr. MOSES: time. There is a sharp division of opinion in the Immigration A bill (S. 3670) granting an increase of pension to Drusilla Committee upon the general subject. There is no division of Hadlock (with accompanying papers); to the Committee on opinion in the committee upon the desirability of the post Pensions. ponement for one year, in order that the additional work may By Mr. CDTTING: be done. A biU (S. 3671) granting a pension to Ada G. Wilkinson; 1\Ir. ROBINSON of Arkansas. The report then is unani- and mous; it has the support of all members of the committee? A bill ( S. 3672) granting an increase of pension to Joseph H. Mr. JOHNSON. Yes. Toulouse; to the Committee on Pensions. Mr. DILL. l\lr. President, will the Senator yield? By Mr. METOALF: Mr. JOHNSON. I yield. A bill ( S. 3673) granting an increase of pension to Annie Mr. DILL. Have the Secretaries been able to arrive at any Ward (with accompanying papers); to the Committee on Pen- accurate, reliable method of figul'ing out the national origins? sions.. , Mr. JOHNSON. In my opinion, no; in the opinion of some By Mr. ODDIE: others, res. . A bill ( S. 3674) to amend the act entitled «An act to pro>ide Mr. DILL. Why hould we not ·repeal the national-origins that the United States shall aid the States in the construction clause, and not be bothered every :rea1· by a postponement? of rural post roads, and for other purposes," approved July 11, Mr. JOHNSON. The Senator may be entirely right in that 1916, as amended and supplemented, and for other purposes; conclusion. That is a conclusion which personally I have to the Committee on Post Offices and Post Roads. reached, but there is a sharp division in the Committee on By Mr. WAGNER: Immigration upon the subject. Some desire to repeal, some A bill { S. 3675) to provide for the free entry of articles im desire to make it effective. All are agreed, however, that the ported for exhibition at expositions to be held in New York .by CONGRESSIONAL RECOR.D-SENATE }!ARCH 19 the French Chamber of Commerce of the City of New York; But while the motor car tends to decentralize distribution, it to the Committee on Finance. has tremendous possibilities for the centralization of retail By Mr. FRAZIER: trade. Under favorable circumstances, buyers can patronize A bill (S. 3676) authorizing the Turtle Mountain Chippewas retail centers 100 or even 150 miles away. to submit claims to the Court of Claims; to the Committee on Thus, though hurting the wholesaler, the automotive vehicle Indian Affairs. can compensate a city for that loss by increasing its retail By Mr. NYE (by request) : trade, if aided by up-to-date facilities for travel and accommo- A bill ( S. 3377) to withhold timberlands from sale under the dation. · timber and stone act ; and Recognizing this fact, many cities have turned such losses A bill (S. 3678) to authorize the leasing of public lands for into good fortune. aviation, and for other purposes; to the Committee on Publi~ They have encouraged good roads, radiating in every direc Lands and Surveys. tion, to make the visit of the motorist easy and pleasant. This By Mr. JOHNSON: bas· increased their retail business more than enough to offset A bill (S. 3679) granting a pension to Phebe S. Saunders; the loss of wholesale tr·ade. and Lincoln, the capital of our State, is an example of these enter A bill ( S. 3680) granting an increase of pension to Sarah E. prising cities, and, as a result, has a greater retail trade in pro Douglass ; to the Committee on Pensions. portion to population than almost any other city of its size in By Mr. HALE: the country. Omaha has not been so successful. There are A bill ( S. 3681) granting an increase of pension to Mary excellent roads north, west, and south of the city, though in 1\Iahoney (with accompanying papers) ; and this latter direction Lincoln, 60 miles away, largely cuts ofr A bill (S. 3682) granting a pension to Kezia J. Fanning long-distance trade. :(with accompanying papers); to the Committee on Pensions. OMAHA'S HA.."DICAP By Mr. WATSON:. But Omaha's most serious handicap is the fact that it is A bill ( S. 3683) granting a pension to Tillie 1\f. Foley ; to separated from the eastern half of its local territory, one of the the Committee on Pensions. richest farming regions in the world, by the Missouri River. By 1\fr. STEIWER: The toll bridge over that river ranks as a trade barrier rather A bill ( S. 3684) to amend the Federal farm loan act, as than an asset. The tolls are so high that it costs a farmer 40 or amended; to the Committee on Banking and Currency. 50 cents to enter and leave the city from that direction with his By Mr. NORBECK: family, and the annoyance and feeling of injustice are almost A bill (S. 3685) to amend the War Finance Corporation act, as serious as the actual cost. approved April 5, 1918, as amended ; to the Committee on Bank The company which controls the bridge gets back its total ing and Currency. capital cost about every two years. A bill ( S. 3686) granting an increase of pension to Kittie The remedy for this situation is clearly evident, namely, a Armstrong (with accompanying papers) ; to the Committee on free bridge. This can be secured either by constructing a new Pensions. bridge, for instance, at the foot of Farnum Street, or by acquir By Mr. ROBINSON of Indiana : ing the present toll bridge, located one block north at the foot A bill (S. 3687) granting a pension to John G. Hawkins; of Douglas Street. A bill (S. 3688) granting an increase of pension to Charles Minneapolis and St. Paul are connected, not by one but by · ,V. Barr (with accompanying papers) ; and several free bridges. The same is true of Kansas City, Mo., A bill (S. 3689) granting an increase of pension to Maggie and its neighbors, North Kansas City and Kansas City, Kans. L. Gibson (with accompanying papers); to the Committee on A bridge spanning the Missouri River is not so expensive a Pensions. matter as is generally imagined. A. bill (S. 3690) to correct the military record of Harley 0. Hacker (with accompanying papers) ; and WHAT BRIDGES COST A bill (S. 3691) to correct the military record of Charles W. The State of South Dakota has constructed five very substan Townsend; to the Committee on Military Affairs. tial and durable bridges across the 1\Iissouri. The one at Pierre, By .lUr. SHORTRIDGE : the capital, including approaches, cost $435,000; at Mobridge, A bill ( S. 3692) to amend the act entitled "An act to readjust $328,000; at Chamberlain, $377,000; at Forest City, $329,000; the pay and allowances of the commissioned and enlisted per and at Wheeler, $385,000. sonnel· of the Army, Navy, Marine Corps, Coast Guard, Coast Farther down the river, in the State of Missouri, the bridge and Geodetic Survey, and Public Health Service," approved at Waverly cost $538,000; at Booneville, $525,000; and at Glas June 10, 192.2, as amended; to the Committee on Naval Affairs. gow, $606,000. By Mr. SHEPPARD: The toll bridge at the foot of Douglas Street in Omaha was A bill (S. 3694) regulating juvenile insurance by fraternal constructed in 1888 at a cost of $400,000. In 1923 and 1924 it beneficial associations in the District of Columbia ; to the Com was widened and improved at a cost of. something less than mittee on the District of Columbia. $625,000, making the total cost of this structure, chargeable to By Mr. McNARY: capital, about $1,025,000. A joint resolution (S. J. Res. 116) to amend section 10 of The bridge commission of Iowa reported to the governor the act entitled "An act to establish the upper Mississippi of that State in 1926 that a bridge wide enough to accommo River wild life and fish refuge," approved June 7, 1924; to the date four lines of traffic, complete with approaches, connecting - Committee on Agriculture and Forestry. Omaha and Council Bluffs at the foot of Farnum Street, could MISSOURI RIVER BRIDGE AT OMAHA, NEBR. be constructed for $1,500,000. 1\fr. HOWELL. Mr. President, I am introducing, by sending · Thus it is evident that this problem of a free bridge between to the desk, a bill authorizing the construction of a free bridge Omaha and the eastern half of its local territory can be settled across the Missouri River connecting Omaha with Council once and for all by the expenditure of $1,500,000, which is less Bluffs, Iowa, and am moved to do so by the following considera than one-third of the saving in water rates that the people of . tions: Omaha have enjoyed since the water plant became publicly The prosperity of distribution centers, such as Omaha, my owned. home city, is largely dependent upon the prosperity of their Water-bill savings now total something more than $5,000,000. wholesale and jobbing establishments. · Moreover, .Omaha under its charter now has authority to build In recent years these lines of business, outside of the great such a bridge. primary markets, have suffered: First, through the development THE BEST METHOD of chain stores ; second, through the use of motor vehicles for The second way to get a free bridge at Omaha is to buy or country delivery. lease the present toll bridge at the foot of Douglas Street. For Chain-store organizations tend to remove their distribution several reasons, which I will give later, this appears to be best facilities to primary markets, like Chicago and St. Louis, while for both the street-railway company, which controls the toll quantities of goods that formerly came to Omaha, for instance, bridge, and the people of Omaha. ~ are now forwarded in carload lots direct to minor jobbing If Omaha constructs a free bridge at the foot of Far-num houses developed in smaller cities, and from there are distrib Street, of course the street-railway company will lose the tolls uted to the doors of retailers within a radius of 50 miles or more it now receives from automobiles and trucks. These will prob· by motor trucks. ably approximate $600,000 for the year 1928. However, the EVOLUTIONARY CHA~GES company will still be obliged to pay taxes upon its bridge and These changes in business methods are being keenly felt in maintain this bridge at its own expense. Moreover, the people our large secondary markets. 1.~hey are evolutionary in charac of Omaha will have to assume taxes necessary to maintain their ter, and hence probably permanent. free bridge and amortize its cost. 1928 CONGR.ESSION AL RECORD-SENATE 4963 But suppose the city, i_n lieu of building a free bridge, should mined to get it, tbe co t entirely paid out of tolls, and .the buy the present toll bridge for $1,500,000, or about half a million bridge not only free but clear of debt within four years. more than its value based on cost, with an agreement that the There is nothing magical about this :proposition. It is company could use the bridge for its cars and pasrengers without merely due to the i:n)lerent possibilities of public enterprise, charge, except, say, one-third of the co t of maintaining the as illustrated in connection witb Omaha's ice plants, which, structm·e, or about $20,000 a year. In such case the toll bridge although the charges for ice are the lowest enjoyed anywhere of the street-railway company would not be practically con in the country, paid their entire cost of $700,000 within se...-en fiscated, as the city would pay a handsome price therefor and years. I move that the bill be referred to the Committee on the company would have the use of the bridge free of taxes. Commerce. FREE BRIDGE The bill (S. 3693) authorizing the city of Council Bluffs, Having thus acquired the bridge, the city could operate it as Iowa, and the city of Omaha, Kebr., or either of them, to con a toll bridge for not to exceed four years and pay the entire strurt. maintain, and operate a free highway bridge across cost, including all interest ac-cruing during the payment period. the Missouri River between Council Bluffs, Iowa, and Omaha, Clearly, this latter plan is best for the. street-railway com Nebr., was read twice by its title and referred to tile Com pany and best for the city. The street-railway company will mittee on Commerce. 1·eceive pay for its bridge and will be relieved of all taxes AYENDJ.f.EXT TO TAX REDUCTION BILL thereon and two-third of the cost of maintenance ; and, on the Mr. WATSON submitted an amendment intended to be pro other band, the people of Omaha ·will acquire a free bridge to po ··ed by him to Hon ~ e bill 1, the tax 1·eduction bill, which Council Bluffs and the eastern half of the city's local territory was referred to the Committee on Finance and ordered to be without cost. printed. It must be e\ident, however, that the street railway com pany will never w-illingly agree to such a plan. It will bold on SOIL SUR\"EY OF BILOXI AREA, MISSISSIPPI to its bridge, this barrier to added pro. perity tba t should be l\Ir. HARRISON submitted the following resolution ( S. Res. Omaha's, and garne1· the tremendous profits therefrom just as 171), which was referred to the Committee on Printing: long as the people of Omaha -will allow it to do so. Resolved, That there be printed 2,000 copies of the soil suney of When the company realizes that the people will no longer the Biloxi area, Mississippi, for the use of the Document Room of the tolerate this condition and these excessive tolls, and that a free United States Senate, after such revision as may be deemed nec('ssary bridge is inevitable, it will cooperate and accept this solution by the Bureau of Soils of the Department of Agriculture. of the free bridge problem, and not until then. The city of Omaha can bring pressure upon the street railway KATE MATHEWS company in two effective ways.. The company's franchise is The VICE PRESIDENT laid before the Senate tbe amend about to expire and sooner or later it will again ask for another ments of the Hou e of Representatives to the biU (S. 3) for franchise. The city can answer, "We want the privilege of the relief of Kate :Mathews, "-hich were, on page 1; line 6, after buying the bridge. If you refuse to sell, do not ask for favors. the word " appropliated, ' to in ert " and in full settlement No bridge, no franchise." against the Government "; and on page 1, line 12, after the It has been m·ged that the street railway company does not word "Army," to insert ": Pr·o~;i.ded. , That the United States o-wn, but merely leases the Dougl~ Street Bridge, and, hence, be subrogated to the amount hereby appropriated to any claim if the 11eople refuse a franchise because of inability to sell, the said Kate Mathews bas against said Roscoe S. O'Hara as a company might go into the hands of a recetver. However, this result of a judgment she may have obtained against said is merely a pretext, because if it were true that the company Roscoe S. O'Hara in the Di8trict Court of the United States ould not arrange a ~· ale of the bridge, yet, it must be evident, for the Xorthern District of Ohio, Western Division." that it might readily transfer the bridge to the city by a :Mr. SHEPPARD. I move that the Senate concur in the sublease. House amendments. RECEIYERSHJP EASILY .A.YOIDABLE The motion was agreed to. At an election held early in 1926 the people of Omaha emphat PRESIDEKTIAL APPROVAL ically refused a franchi<:;e to the street railway company. How ever, it is probable that a franchise would be granted if the A message from the President of the United States, by :Ur. company offered either to sell or sublease its bridge. Therefore, He s, one of his secretaries, announced that on March 15, 1928, if a 1·eceiyership results, it will be the company's fault. In the President approved and signed the act ( S. 2342) providing short, it will prefer a receivership to parting with its highly for a per <'apita payment of $25 to each enrolled member of profitable toll bridge. the Chippewa Tribe of Minnesota from the funds standing to The second method of pressure would be to amend the city their credit in the Treasury of the United States. charter, notwithstanding the city now has authority to build a G.REETlKGS OF THE SENATE OF H U NG.A..RY-STATUE OF LOU IS free bridge, in such a manner that the city can vote $1,500,000 KOSSUTH for the construction of a new bridge, \vith a provision to the effect that the fund can be utilized to pm·cbase a bridge in lieu Mr. CURTIS. ~11·. President, I understand that there is in of installing a new structure. · the Vice President's hands a letter from the Hungarian Senate On(:e the bonds are voted under a charter amendment, with and that the Hungarian mini. ter is here with a delegation. I ·pecific instructions to build a bridge if the privilege of :pur ask unanimous consent that the letter be read to the Senate. chase is denied, the street railway company will sell. The VICE PRESIDENT. Without objection, the Vice Presi dent will read the letter to the Senate and .it will lie on the MISSOURI'S W .A.Y table. The letter is as follows: There is nothing new about thi plan. For instance, in St. [A F('kohaz Elneke] Charles, Mo., and in that vicinity, public sentiment developed for a free bridge across the Missouri RiYer at that point. Of BrnAPEST, March 3, 1928. course, the bridge company did not want to sell their profitable The Hon. CHARLES G. DAWEs, structure. Vlce President of the United States a11tl However, confronted with an overwhelming public sentiment President of the Senate, Washington. that might at any time h·anslate itself into action for a new Mr. PRESIDENT: At the unveiling in New York on March 15 of the bridge, the bridge company agreed to sell and to take their pay statue of Louis Kossuth, the great Hungarian patriot and noule repre out of the earnings of the bridge. . entative of the rights of human liberty, the Senate of ·the Hungarian A letter from Mr. Sam Hodgson, chairman St. Charles free Pa1·Uament is going to be represented by a speci31 delegation. :Much bridge committee, under date of August 9 last, says in part: to my sorrow, I was prevented by other serious engagements from leading the senate delegation in person. The contract (for the sa'le of the bridge) provides for the payment out According to plans, the delegation will also visit Washington. This of tolls : First, operating expenses; second, 4% per cent interest on de circum ·tance is giving me the opportunity of sending the friendliest i('rred paymen•; third, balance applied on liquidation of stocks. greetings of the Hungarian Senate to you, Mr. President, and to the The first 11 months' operation under this contract shows a payment Senate of tbe United States. I have asked Mr. Nicholas Jozan, of opei.'llting expenses, payment of interest, and $200,000 paid on liquida Unitarian Episcopal vicar and member of the delegation, to present tion of stock. my letter. With the decrease of interest at the end of ench six months and the The long and historic friendship of the classically free and happy increase of h·affic due to the completion of conc~te highway across the American people was always highly treasured by the llungarians. State of :Missouri from St. Louis to Kansas City, the bridge will be free Hundreds of thousands of emigrating compatriots of ours found during within four years. the decades preceding the World War their living and a second home The free-bridge question is wholly within the hands of the among your hospitable people. As soon as the storm of blood and people of Omaha. They can have one whe.never they ~re deter- passions was over, it was the American people whose noble beneficence CONGPLESSIONAL RECORD-SENATE MARCH 19
~~ipcd many a tear and hastened to succor our mutilated country lying Mr. REED of Pennsylvania. I should hope not, because there ilJrostrate under the blows of an unjust peace treaty. is no American industry to support nor any likelihood of our The present ceremony of unveiling is a further proof of this highly being able to build up one. These goatskins come from all over :tsteerned friendship, and I am happy to seize the opportunity of the world, and putting a tariff on those skins would simply ~pres sing our heartfelt gratitude and most sincere sympathy. raise the price of shoes to Americans without any compensating l I have the honor to be advantage to any local industry. Respectfully yours, :Mr. ROBINSON of Arkansas. There is no application made Baron JULIUS WLA.SSICS, under the provisions of the tariff act of 1922, known as the PrcfJ'ident of the 8em~te of Hungary. flexible tariff act, for an investigation of the subject? NATIONAL FORRS'.r RESERVATION COMMISSION Mr. REED of Pennsylvania. No, Mr. President. The PRESIDENT pro tempore laid before the Senate the l\Ir. KING. 1\Ir. President, I did not hear all that was said, 'following message from the Preident of the United States, and I would like to ask the Senator from Pennsylvania just which was read and referred to the Committee on Agriculture exactly what he seeks. If he desiJ:es to have an investigatiou ,)lnd Forestry: made respecting goatskins, 99 per cent of which are imported, I can see no advantage, unless the Senator hopes to have the f{l'o tile Cong1·ess of the United States: tariff increased under the flexible tariff provisions of the act. . I am transmitting herewith for the consideration of the 1\Ir. REED of Peunsyl1ania. l\Ir. President, that is not tlle ' Congress copy of resolutions adopted by the National Forest situation. We have a considerable industry in America in tlle ..Beservation Commission at its meeting held on February 18, tanning of 'goatskins which come in from abroad. We do not ' 1928, together with a copy of a letter from the Secretary of raise our own goatskins. We have to get our raw materials , ~griculture . relating to the proposed addition of certain public from abroad. But our American tanneries are in direct compe lands to the Gunnison National Forest, in the State of Colorado, tition witll the tanneries in other lands. which have been submitted by the President of the National Mr. FESS. Mr. President, I under ·tand that the flexible pro ~orest Reservation Commission. vision of the law wou1d not pet·mit placing on the dutiable list a CALVIN CoOLIDGE. product now on the free list. The WHITE HOUSE, March 19, 1928. Mr. HEED of Pennsylvania. Absolutely; I am not talking , [1'\0TE.-Resolutlons accompanied similar message to the about tllat. )louse of Representatives.] Mr. FESS. That was the impo1·t of the questions which have been asked. THE CALEND.!.R ~lr. HEED of Pennsylvania. Two things are involved, the 1\lr. CURTIS. l\lr. President, I ask unanimous consent that importation of the raw skins and the importation of the tanned it tlle conclusion of the routine · morning business the calendar or manufactured skins. The inquiry as to wages relates only be taken up· for the consideration of unobjected bills, commenc~ to the tanning of them, and I have introduced this resolutiou ing where we left off at the last call of the calendar, with now because, at the request of the Senator from New York ~alendar No. 355. [l\Ir. COPELAND], a similar resolution was passed, and a similar l\Ir. BRUCE. I object. When we consider the calendar investigation ordered on the wage costs in the tanning. cf calf under the regular order, there is an op~rtunity to make a skins here and abroad. The two investigations could be made motion for the consideration of a bill. at the same time at considerably less expense than if they '"ere · Mr. CURTIS. I withdraw the request. undertaken separately. · That is tlte whole reason for my intro SALES OF FOREIG~ M.ANUFAC'l'URED LEATHER ducing the resolution at this time, to get it to the Tariff Com mission so as to have the two things hantlled at the same time. The VICE PRESIDENT.· The Chair lays before the Senate 1\lr. COPELAND. Mr. President, I think the resolution of the a resolution coming over from the preceding day, Senate Reso Senator from Pennsylvania is a very reasonable one. The other lution 169, offered by Mr. REED of Pennsylvania, which the day the Senate passed my re:olution proposing the same thing . clerk will read : in reference to calfskins, and I hope this resolution will be · The Chief Clerk read the resolution (S. Res. 169) submitted passed. iJJY 1\lr. REED of Pennsylvania on the 15th instant, as follows: The PRESIDENT pro tempore. The question is on agreeing Respl-l'ed, That the United States Tariii Commission is hereby requested to tlle resolution. 1 ,to investigate and report to the Senate the extent of sales of foreign The resolution was agreed to. ' manufactured leather from goat skins and kid skins in the United States THE CALENDAR · since Janpary 1, 1925, and the rates of wages paid workers in the The PRESIDEKT pro tempore. The calendar, under Rule • tanning of black and colored kid in the United States and competing · YIII, is in order. ; countries. The bill ( S. 1182) to provide for the naming of certain high j 1\lr. ROBINSON of Arkansas. Mr. President, I think there ways through State and Federal cooperation, and for other pur should be an explanation of the purpose of instructing the poses, was. announced a.· first in order on the calendar. Tariff Commission to make an investigation of this subject Mr. BLAINE. Let that go over. . matter. The PRESIDENT pro tempol'e. The bill will be passed over . Mr. REED of Pennsylvania. 1\Ir. President, a few days ago The bill ( S. 1285) to provide for the further development of the s~nate passed a similar resolution for the investigation of agricultural extension work between the agricultural colleges the amount of imports and the wage costs here and abroad in in the several States receiving the benefits of the act entitled the production of leather made from calfskins. That was "An act donating public lands to the se-veral States and Terri under a resolution presented by the Senator from New York tories which may provide colleges for the benefit of agriculture (:Mr. COPELAND]. and the mechanic arts," approved July 2, 1862, and all acts sup It seems to be a most appropriate time, if the commission is pleme-ntary thereto, and the United States Department of going to investigate that subject, to investigate also the condi Agriculture, was announced as_ next in order. tions in the kid-leather tanneries, and that has been tuged by a :Ur. CAPPER. Mr. President, a similar bill has been passed large number of people in that industry. An investigation of by the House and is now before the Senate Colll)llittee on Agri the two subjects can be made most economically at the same culture and Forestry, and it would be well to haYe the two time. considered at the same time. Therefore I ask that this bill may Mr. ROBINSON of Arkansas. Mr. President, will the Sena· be passed over. tor yield for a question? The PRESIDENT pro temp<>re. The bill will be passed over. Mr. REED of Penn~ylmnia. Gladly. The bill ( S. 2277) relating to giving false information regard Mr. ROBINSON of Arkansas. Does the resolution look to a ing the commission of crime in the District of Columbia was reduction in rates or to an increa ·e in rates? announced as next in order. - Mr. REED of Pennsylvania. It faces both ways, because, as 1\lr. BLEASE. Let that. go owr. a matter of fact, at the present time 99 per cent of the goat The PRESIDENT pro tempore. The bill will ~ pas ·ed over. skills that we use in making kid in the United States come The bill (S. 2447) for the reUef of the stockholders of the . from foreign countries, and they come duty free. There is, I First National Bank of Newton, Mass., was announced a next unuer~tand, some duty on the skins manufactured abroad. J..'he in order. whole problem of tariff on the~>e skins would be raised by the SIDVERAL SEN..\.TORS. Over·. information that was brought in. Partly it would affect the The PRESIDENT pro tempore. The bill will be passed over. free list, partly it would affect the protected list. I myself do The !Jill (S. 1476) for the relief of Porter Bros. & BifHe and not know in which direction the information would point. certain other citizens was announcecl as next in order. Ur. ROBINSON of Arkansas; Is it expected that the imports l\ir: KING. Let that ·go oyer: '- . now ou the free list shall be placed on the dutiable list? The PRESIDENT pro tem1)()re. The bill will be passed over. 1928 CONGRESSIONAL RECORD-SENATE ~965 The bill (S. 2524} for the relief of Josephine Doxey was Mr. CARAWAY. He is either consciously not telling the announced as next in &rder. truth or he does not know. I do not care which end of the M.r. KING. Let that go over. statement he sees :fit to accept. Here is what happened. The The PRESIDENT pro tempore. The bill will be passed over. executive committee was divided on the question and the major ity opposed it. That was some years ago. It went to the bar PRAOTICE AND PROCEOURE IN FEDERAL COURTS association in its general meeting. There was a demand for a The bill (S. 1094) to amend the practice and procedure in vote on it There was a viva voce vote and the Chair said be Fede1·al courts. and for other purposes, was announced as next was undecided. They tried then to get a yea-and-nay vote, a in order. record vote, but never got it. Therefore anyone who says the Mr. DENEEN. Let the bill go over. association is against it either does not know what he is talking Mr. CARAWAY. If there is to be objection to the bill, I about or is willfully misrepresenting what tlle facts are. That want to move that it be taken up. is the history of the thing. Mr. DENEEN. I withdraw the objection. Mr. REED of Pennsylvania. I have no knowledge, _but Mr. There being no objection, the Senate, as in Committee of the Strickland tells me tllat he is a member of this committee, or at Whole, proceeded to consider the bill, which had been reported least is familiar with their action. from the Committee on the Judiciary with amendments. Mr. CARAWAY. He was not even a member of the com The first amendment of the Committee on the Judiciary was, mittee when the matter came up. Mr. Strickland is like many on page 2, line 4, to strike out the words " on either side.'' other folks who are entirely willing to testify without knowing ·The amendment was agreed to. anything about what the facts are. The PRESIDENT pro tempore. The Clerk will state the next Mr. REED of Pennsylvania. Then we are thrown back on amendment. our own judgment of the bill, since there must be some doubt as The CHIEF CLERK. One page 2, line 10, at the end of section 2, to what the American Bar Association thinks about it. insert a colon and the following additional proviso: Mr. CARAWAY. I say, there is no question about it. I know P1'ovided furlller, The ins.tructions may be repeated or amplified by what the facts are. the trial judge at any time before -.e.rdict, when he feels the ends ol Mr. REED of Pennsylvania. I am a little embarrassed about justice will be served thereby. that. Of course, if the Senator states that· of his own knowl The PRESIDENT pro tempore. Without objection, the edge-- amendment is agreed to. Mr. CARAWAY. I state it from absolutely knowing what Mr. REED of Pennsylvania. Mr. President, there seems to be the facts are and the briefs in the case. no interest taken in the bill by many of . the Members of the Mr. REED of Pennsylvania. Then the Senator must be cor Senate, but those of us who are lawyers ought to realize what rect and Mr. Strickland must be wrong, but he seems to think it does to the established practice in the Federal courts. par be was as sure of himself as is now the Senator from Arkansas. ticularly in the States which follow the old English practice Mr. CARAWAY. Of course, the Senator knows Mr. Strick in the trial of cases. land is right about it, and so we will let it go. As I understand the bill, it will compel the judge to submit a Mr. REED of Pennsylvania. I do not know anything par charge in writing at the conclusion of the trial, and in that ticularly about it and I do not particularly care; because my charge be is not free to express any opinion formed as to the own opinion of it is very clear that the bill will seriously creMarch 28, 1924. of the same restraining influence that is used so tellingly in the :Mr. REED of Pennsylvania. I shall be glad to look that up.. English courts, and to the end of justice in most cases, I My recollection is that no one else seemed to find the slightest believe. interest in the bill, no one else shared my views about it, and Mr. BORAH. Mr. President, will the Senator yield? that I tried to make the best of a bad bargain by softening Mr. REED of Pennsylvania. Gladly. its provisions where I could. Mr. BORAH. As I understand the effect of the bill, so far as Mr. ROBINSON of Arkansas. Mr. President, will the Sena instructions are concerned, it is to accomplish two thixigs-:first. tor from Pennsylvania yield to me? to prevent the judge from passing upon the force and effect of Mr. REED of Penn.<.:ylvania. Gladly. the testimony and, second, to require him to instruct the jury Mr. ROBINSON of Arkansas. I am particularly interested before, and not after, the argument. in the assertion of the Senator from Pennsylvania that the Mr. REED of Pennsylvania. That is correct. When the bill present practice generally prevailing in district courts of the was under discussion before, I made the statement that it was United States, under which the judge discusses the credibility opposed by the American Bar Association and that statement of witnesses and sometimes expresses an op-inion as to con was challenged by the Senator from Arkansas [Mr. CARAWAY]. clusions of facts, is far superior, in so far as the ends of justice I have a letter from Mr. Strickland, who states: are concerned, to that which makes the jury the exclusive judges of the facts . . 1 notice from the CONGRESSIONAL RECORD of February 23, page 3422, Mr. President, there i a very vital and important question that you successfnlly objected to S. 1094, known as the Caraway bill, to involved in the bill. It is a real issue. It can not be deter amend the practice and procedure in Federal courts, and again I write mined by merely saying that this lawyer favors it and that to thank you for your interest in the matter. Senator CARAWAY stated lawyer opposes it, or this organization of lawyers supports it to you that " the executive committee objected to it, but the bar asso and that organization of lawyers opposes it. The bill goes to ciation never had a vote on it. They tried to get one and could not the question of the right of jury trial uninterfered with, as to do it." Senator CARAWAY is mistaken. President Strawn, of the questions of fact, by the presiding judge. American Bar Association, is against the bill and the American Bar I believe that the change proposed by the bill of the junior As]!ociation appointed the committee on jurisprudence and law reform Senator from Arkansas is wholesome. The provision or one to act for it in such matters as the Caraway bill, and by virtue of the similar is in effect in many of the States. It governs the pro action of that committee the Ainerican Bar Association is against the cedure of the trial court. There the juries are the sole judges hill and individually a}>~ut 17 members of the committee on jurispru- of the weight of the evidence and the credibility of the wit dence and law reform-- · nesses. No judge, however great his bias or however powerful Mr. CARAWAY. Mr. President, will the Senator yield? his prejudice, under the practice in some of the State courts Mr. REED of Pennsylvania. Gladly. to which I am now referring, is authorized to interfere with Mr. CARAWAY. The Senator bas seen fit to read that letter. the free and untrammeled decision of jurors under the evi- I say the bar association did not act on the matter. Here is . denee as to all questions of fact submitted to them by the what happened, and the gentleman who wrote the letter-the court. . Senator did not give his name--if he is familiar with the facts, We all know that the judge is very influential in a trial. If is consciously distorting the facts. he exercises the privilege of expressing his opinion as to Mr. REED of Pennsylvania. I beg the Senator's pardon. I whether a witness has sworn truthfully or untruthfully. or if did give the name. His name is Mr. Reeves T. Strickland and he e:xru:cises the right now granted to him to arrive at con his office is 420 Woodward :Building in this city. elusions ot fact from the testimony, unless there is an antag- 4966 CONGRESS!ON AL RECORD-SENATE ~{.ARCH 19 onism provoked in some way between the judge and the jury bill ought to conform the practice in the Federal court to the the jury is strongly disposed to come to the conclusion expressed practice in the State courts of Virginia and of the other States. by the judge. If judges were perfect, if they could not be sub A man ought not to be permitted to remove a cause from a jected to bias or prejudice, the system would work always to State court to a Federal court in order to get an advantage promote the ends of justice. But that is not the case. Judges, by having the judge comment upon the testimony and upon the like other men, are subject to influences respecting their con credibility of witnesses. clusions of fact as are others. The bill is designed to take Mr. BRUCE. Mr. President, when this bill was called I inter~ away from district judges in the trial of cases the right to posed an objection to it. I interposed the objection merely argue a case before the jury. because I mistook the identity of the bill. I supposed it was Repeatedly in the trial of cases have I heard a district judge a bill to confer on the Supreme Court power to adopt rules take issue with the position that I have taken, and argue the in relation to common-law actions analogous to those which matter before the jury usually more effectively than I could have been prescribed in relation to equity proceeding. I simply argue it. It can not be said that under a system of that sort wish to say, speaking from quite an extended experience as a the jury are the sole judges of the facts. If we believe in general practitioner, that in all respects I approve of the fea~ the jury system of trial, if we stand upon the right of trial by tures of this bill. jm·y, that means that we are willing to have a given number The PRESIDING OFFICER (1\fr. BINGHAM in the chair). of men, qualified under the law within the jurisdiction where The question is, Shall the bill be reported to the Senate as the trial occurs, pass upon the questions of fact at issue. It amended and the amendments be concurred in? implies that the judge who presides over the trial shall not 1\fr. SIMMONS. Mr. President, it has been more than 20 employ the functions of his great office to influence or control years since I practiced law. When I did practice law, in both decisions of jurors with respect to the facts. Lawyers who Federal and State courts, I found reason to complain: of the represent corporations usually prefer the present practice, and attitude of certain of the Federal judges in the trial of causes; lawyers who represent other interests usually prefer the change and I felt that the practical effect of their interference was to suggested by the bill. The practical effect of it will be to leave give one party the benefit of a trial by the judge instead of a all the issues of fact involved in the case for decision by the n·ial by the jury. At that time, as the Senator from Virginia jury, uninfluenced by the opinion of the court as to either the [Mr. SwANsoN] has stated, there was a great disposition on credibility of the witnesses or the force which should be the part of certain litigants to remove their causes to the ascribed to the evidence. That is the simple issue in the Federal courts. Wherever there was the slightest pretense of case. Federal jurisdiction, the action was brought in the Federal Mr. S'VANSON. l\Ir. President, will the Senator yield to me court ; wherever the defendants in an action could find the for a moment? slightest pretext for removing it to the Federal court, that 1\lr. ROBINSON of Arkansas. I do not know how I obtained recourse was had, largely for the purpose of securing the the floor. I think I took it away from the Senator from Penn benefit of a trial substantially by a judge instead of a trial sylvania, and I apologize to him. by jury, as provided in the State courts. 1\Ir. REED of Pennsylvania. The Senator got the floor and However, in recent years, I have been advised by members exhausted my time. of the bar of my State that our Federal judges in North Caro l\fr. ROBINSON of Arkansas. I realize there was no motion lina have, as a rule, been conforming to the State practice in made, but I think I should not claim more time. this respect, and ht!ve not been undertaking, directly or indi l\Ir. SWANSON. Mr. President, when I practiced law in the rectly, to express an opinion with reference to facts or the State courts in Virginia a judge could not give any instruction weight of testimony; and that because of this circumstance, to the jury except as to the law; all questions of fact and as to there has been a change in the disposition of litigants of a the weight of the testimony were left to the jury, and a fair certain kind who formerly sought the Federal instead of the and honest jury trial was had. The Federal judges, on the State court. other hand, arrogated to themselves the right to instruct the I am heartily in favor of this bill, because I think in this jury as to the facts. country the old system that has obtained in the States from Mr. REED of Pennsylvania. Oh, no, Mr. Pre~ident; it is the very beginning, of permitting the judge to determine the rEY;rersible error to do that. law and to give it to the jury, and clothing the jw·y with the sole Mr. S'VANSON. They do not instruct the jury as to the and exclusive pow~· of determining the weight of testimony facts, but pass their opinion on the facts. If, under our State and deciding the case according to the testimony, is a very practice in Virginia, a jury rendered a verdict which was con good rule, a very salutary practice. It is one that protects n·ary to the law and to the evidence the verdict could be set the rights of the humblest as well as of the most powerful aside, but the judge had no right to instruct the jury as to the litigants. I, therefore, hope that the bill may be passed and weight of the evidence or to pass on the credibility of witnesses this evil, which has been tolerated for so long a time in many until the question came up as to whether the verdict should be jurisdictions, may be abolished. I am happy to say the evil set aside as being contrary to the law or the evidence. does not prevail in all jurisdictions even now, for, as I have The Federal courts at that time would really talk to the jury stated, I am advised that in certain jurisdictions Federal as to the weight of the evidence, and, as a matter of fact, it judges have ceased to exercise this prerogative which existing amounted practically to instruction to find a verdict so and so. law confers and are of their own motion conforming them Mr. ROBINSON of Arkansas. Mr. President, will the Sena selves to the better practice obtaining in the State courts. tor permit me an interruption there? The PRESIDING OFFICER. The time of the Senator from Mr. SW.ANSON. Yes. North Carolina has expired. Mr. ROBINSON of Arkansas. The best arguments in a case Mr. LA FOLLETTE. Mr. President, a parliamentary in- very frequently were made by the judge who presided at the quiry. trial. The PRESIDING OFFICER. The Senator will state it. Ur. SWANSON. It was an outrage and amounted to prac l\1r. LA FOLLETTE. .Are we proceeding under Rule VIII? tically destruction of the right of trial by jury. If a man in The PRESIDING OFFICER. The Senate is proceeding under Virginia wanted to prevent a case being determined by a jury Rule VIII. .A Senator may speak but once and for five minutes which was always his right under Anglo-Saxon law and under only. the Constitution of the United States--he would resort to every Mr. LA FOLLETTE. I call attention to the fact that this possible scheme to take the case from the State court to the measure is being discussed despite objection. Federal court. The PRESIDING OFFICER. The Chair is informed by the I know when I practiced law and had cases pending in the Secretary that the objection was withdrawn. Federal court, suits for damages and other cases, all kinds of Mr. LA li'OLLETTE. I was not aware of that. schemes were resorted to to have the cases removed from the 1\Ir. BORAH. 1\fr. President, as I favored the pending bill State court to the Federal court, hoping practically to prevent in the committee, I should like to say a word as to the reason a jury trial in the case. That is what it amounted to. I do for my support of it. The purpose of the bill is, in the first not think such a practice is right. The people of America were instance, to prevent Federal judges from passing upon the guaranteed under the bill of rights trial by jury. It ought to evidence and the effect of testimony, the credibility, as it were, be an honest trial, uninterfered with by the judge passing upon of witnesses; and, in the second place, to require a judge to the credibility of witnesses and making suggestions to the jury instruct the jury prior to the argument upon the part of as to the witnesses and the testimony. counsel. If this bill prevents such action, it seems to me it is merely The second purpose of the bill-that is, requiring the judge carrying 1nto effect the provisions of the Constitution by afford to instruct the jury before the counsel make their argument ing the people an honest trial by 'jw·y and allowing the jury seems to me to be the orderly way to present a cause. If the to pass upon the facts in the case. It· seems to me that this attorneys are to argue the cause intelligently before the jury,
·' 1928 CONGRESSIONAL RECORD-8ENATE 4967 they must know the law to which the facts are to be applied. Mr. SWANSON. Did this bill come up by unanimous consent? I presume all attorneys have had the experience of arguing The PRESIDING OFFICER. The bill came up under unani cases at length before a jury and ascertaining, upon hearing mous consent. Objection has been made and withdrawn. Under what . the court's instructions were, that their theory of the Rule YIII debate is limited to five minutes, and each Senator law, and, therefore, its application to the facts, was wholly can speak but once. afield from what the court deemed it should be. One thing Mr. SWANSON. Under thB rule, after it is once taken up that this bill seeks to accomplish is to have the law laid down by unanimous consent, can one objection make it go over? by the court to the jury before the argument of counsel shall The PRESIDI:NG OFFICER. The Chair understands that take place. objection may be made at any time. The other proposition is that of requiring the judge not to l\Ir. SWANSON. Then the Senator has the power to put the express an opinion upon the facts. The bill provides : bill ove1· anyway. - That hereafter in any cause pending in any United Stat~s court, Mr. REED of Pennsylvania. Certainly. I am simply trying triable by jury, in which the jury has been impaneled to try the to do it pleasantly, instead of being forced to object to the issue of facts, it shall be reve1·sible error for the judge presiding in bill and having a motion made and coming to the same end in said court to express his personal opinion as to the credibility of the long run. witnesses or the weight of testimony involved in said issue. The PRESIDING OFFICER. The Senator from Pennsyl vania is recognized. I have had the experience, and I doubt not all others who have tried cases in the Federal courts have had similar experience, Mr. REED of Pennsylvania. Mr. President, I think the Senate ought to remember that this bill applies as well to of having the Federal judge express 3ll opinion upon the credi bility of a witness, as to hi'> being unworthy of belief, and as to criminal cases as it does to civil cases. If there is one thing the effect of the testimony given by a certain line of witnesses, about which every lawyer feels a consciousness of shame, it is and then, after having expressed his opinion and advised the the tardy administration of justice in criminal cases in the jury as to his view, in the closing sentence of his instruction, United States. When we contrast the trial of criminal cases perhaps, say tpat, "While the judge has expressed the opinion here with those tried in England, when we see how much upon this state of facts and upon this witness or that witness, more rapidly they reach their judgments, when we realize that the jury will understand that they are the sole judge.:; of the their decision is just there in quite as Ia1·ge a proportion of credibilHy of witnesses and of the facts," whicb. of course, does the cases as in this com1try, we are impressed with the neces not remedy at all the effect of the judge's previous statement. sity of doing all that we can to avoid technicalities and s~ed When a Federal judge presiding says to a jury, " This line of up the procedure in the administration of our criminal law. Now, see the result if we pass this bill'. evidence proves so and so," or "fails to prove anything," or A d€fendant may be convicted of a crime on wholly dis " this witness or these witnesses are not credible witnesses,'' it creditable evidence for the prosecution. Without being tied amounts to nothing in a practical way for him later to say to down as this bill will tie him, the judge may say to the jury in the jury that they are the judges of the credibility of the wit the original trial of the case that in his opinion the testimony nesses. The effect of the influence and the power of the judge of the prosecution does not carry much weight, and that he has been exerted and the compliance with the spirit of the Con stitution in afterwards instructing the jury that they are the does not believe that it justifies a conviction. Nevertheless, this bill would force the judge to let the case go on to the judges of the evidence and the credibility of the witnesses ac jury without that helpful expression of opinion; the verdict complishes very little. would be one of g11ilty, and then the judge would have to ·set · I think, Mr. President, so long as we retain the jury system aside the verdict and let the case go back for a new trial and that the jury should be the sole judges of the facts and that a repetition of the whole business, because in his opinion the when they come to judge the facts they should have the law verdict is against the weight of the evidence. f1·om the court and nothing but the law, and that the instruc Mr. CURTIS. Mr. President, has the Senator overlooked the tion as to the law sh<>uld be given in time to enable the counsel proviso in line 8, :reading : who represent clients to argue the facts in the light of the law which the court bas announced. I support the bill, Mr. Presi Provided, That nothing herein contained shall prevent the court dent, because I think it the more orderly way of presenting a directing a verdict when the same may be required or permitted as a cause intelligently to the jury. matter of law. Mr. REED of Pennsylvania. l\Ir. President-- l\Ir. REED of Pennsylvania. No; I have not forgotten that; The PRESIDI~G OFFICER. Does the Senator from Penn but it <>ften happens that the weight of the evidence is all in sylvania desire to raise a point of order? The Senator has favor of one side, and yet there is some evidence that requires already spoken once upon the bill and, under Rule VIII, it is submission to a jury. not in order for him to speak again. Mr. REED of Pennsylvania. I ask unanimous consent that Mr. CURTIS. But, Mr. President, in all the practice in the the restrictions on debate under Rule VIII shall not apply. States and in the United States courts, too, if in the opinion of the court the evidence does not warrant a verdict, the court The PRESIDING OFFICER. Is there objection? has the right to instruct the jury to return a verdict of " not Mr. CARAWAY. That would mean, Mr. President, that the Senator could take an hour. I am perfectly willing that he guilty." should have any reasonable time, and I shall make no objection Mr. REED of Pennsylvania. The phrase " does not warrant to his having a reasonable time to discuss the measure, but I a verdict" is a little bit loose. If there is no evidence to sus do not think the debate should be altogether unlimited. tain a verdict, the court has the right to direct a verdict. If Mr. REED of Pennsylvania. I am sjmply . pressing my point there is some evidence, but if the weight of the evidence is in a pleasanter way. I also have the option of objecting to the against the verdict, the only thing the court can do is to let bill and of forcing the Senator to move to take it up, and if he the case go to verdict and then order a new trial. I state that does that, then the restriction on debate will not apply. ~th some positiveness because I have had it used against me Mr. CARAWAY. I shall not object. many times. Mr. NORBECK. Mr. President, I rise to a parliamentary Mr. CURTIS. I state the matter with a good deal of confi inquiry. dence because I have tried a large number of cases in the The PRESIDING OFFICER. The Senator from South Da State and the United States courts, and I know what the kota will state his parliamentary inquiry. practice is in our part of the country, not only in the State Mr. NORBECK. Do I understand that the request that the courts but in the United States courts. I think this bill would restriction on debate be removed shall merely apply to the . be an immense improvement over the practice in the United Senator from Pennsylvania? If so, I have no objection; but States courts at this time, because a lawyer can hardly take up if it is to open the whole question to unlimited debate, I think a case in some of the United States _courts without finding the I shall have to object. judge taking his side or the other side soon after the case is Mr. BORAH. The granting of the request of the Senator begun, from Pennsylvania will not interfere with the bill of which the Mr. REED of Pennsylvania. Then perhaps the trouble is Sel8ator from North Dakota is in charge at 2 o'clock. with the judges. tdr. NORBECK. Very well; I shall make no objection. Mr. CURTIS. Perhaps. Th~ PRESIDING OFFICER. There being no objection, the l\Ir. REED of Pennsylvania. Perhaps we are more fortunate unammous-consent request of the Senator from Pennsylvania with our judges in the East, because we do not seem to have is granted. that trouble; and this control over the jury by the expression of Mr. SWANSON. Mr. President, what was the request? opinion is found to be most salutary. The PRESIDING OFFICER. That the restrictions on debate For that reason, 1\lr. President, this seems to me to be a step provided by Rule VIII shall not apply in the consideration of backward. The tendency of it will be to bring down the stand this bill. ard of judicial practice in the United States. 4968 OONGRESSION AL RECORD-SENATE ]\{ARCH 19 I am not the sole arbiter of judicial procedure in the Senate. 1\fr. NORBECK. 1\Ir. President, I ask that the clerk read the I hope that some of our colleagues who have had the advantage title of the bill. of service on the bench will give us their opinions of the merits The bill was read by title, as follows: of this bill. The PRESIDING OFFICER (Mr. McNAR-Y in the chair). A bill to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the The bill is still before the Senate as in Committee of the Whole, dangers threatening migratory game birds from drainage and other and open to amendment. If there be no further amend~ent to be proposed, the bill will be reported to the Senate. causes, by the acquisition of areas of land and of water to furnish in The bill was reported to the Senate as amended, and the perpetuity reservations for the adequate protection Qf such birds; and amendments were concurred in. by providing funds for the establishment of such areas, their mainte The bill was ordered to be engrossed for a third reading, nance and improvement, and for other purposes. a.fld was read the third time. 1\lr. NORBECK. Mr. President, this is a modified bill, some -The PRESIDING OFFICER. The bill having been read what similar to bills which have been pending in the Senate for three times, the question is, Shall it pass? sevr:ral years covering this same subject. A number of years 1\Ir. HEFLIN. Let us have the yeas and nays on that. ago a similar bill passed the Senate but did not pass the House Mr. CARAW.AY. It is a matter of unanimous consent. during that Congress. .A similar bill passed the House during The yeas and nays were not ordered. another Congress and was not taken up in the Senate. The PRESIDING OFFICER. The question is, Shall the bill Briefly, it is a migratory bird refuge bill. Some splendid pass? work was done in connection with the treaty with Canada The bill was passed. through the agency of Great Britain for the establishment of BILL PASS ED OVER migratory-bird refuges and the protection of migratory birds The bill ( S. 61) granting an increase of pension to Louise .A. both in Canada and in this country. Woed was announced as next in order. The Dominion of Canada has provided 40 inviolate bird l\Ir. KING. Let that go over. - refuges. The condition in Canada is not so congested as is The PRESIDING OFFICER. The bill will be passed over. the condition here in this country; the birds are less disturbed than they are here. The trouble has been due not only to the PROTECTION OF MIGRATORY BIRDS hunting but to the encroachment of industrial activities, the l\Ir. NORBECK. I move that the Senate proceed to the con waste of oil upon our waters, and the drainage of the swamps, sideration of Senate bill 1271, being Order of Business 106, the which conditions have driven the birds away because they have migratory bird bill. no place to nest. Mr. KING. l\Ir. President, will the Senator permit me to call I want to emphasize the fact that the main thing provided for for a .quorum? There are a number of Senators who want to in this bill is the acquiring of some refuges. The idea is to be here when that bill is taken up. stop unnecessary drainage by buying the lands suitable forr bird Mr. CURTIS. The motion would be pending if the Senator refuges and preserving it. Nothing would be. bought except in called for a quorum. cooperation with the States, and upon their approval. Mr. KING. Yes. Mr. DILL. Mr. President-- l\fr. NORBECK. Am I to understand that the Senator from The PRESIDING OFFICER (Mr. AsHURST in the chair). Utah objects .to taking up the bill? Does the Senator from South Dakota yield to the Senator from . 1\fr. KING. No; I say a number of Senators are absent, and Washington? I desireonal services, printing, engraving, and issuance of except in accordance with regulations of the Secretary of Agriculture; licenses, circulars, posters, and other necessary matter, and for the but nothing in this act or in any regulation thereunder shall be con repayment of the $50,000 as provided for in this act ; and the Secretary strued to prevent a person from entering upon any area acquired under .of Agriculture and the Postmaster General, respectively, are authorized this act for the purpose of fishing in accordance with the Ia w of the and directed to make such expenditures and to employ such means, State in which such area is located: P1·ovidecl-, 'l'hat such person com including personal services in the District of Columbia and elsewhere, plies with the regulations of the Secretary of Agriculture covering such as may be necessary to carry out the foregoing objects. area. SEc. 17. That no person shall alter, change, loan, or transfer to SEC, 11. That the primary purpose of this act is to provide necessary another any license issued to him pursuant to this act, nor shall any areas for feeding and breeding places for migratory game birds in order person other than the one to whom it is issued use such license. that an adequate supply of said birds may be maintained, but when in SEc. 18. That no person shall imitate or counterfeit any license the judgment of the Secretary of Agriculture a sufficient surplus of authorized by this act, or any die, plate, or engraving therefor, or make, said birds exists, so that public hunting of migratory game birds on print, knowingly use, sell, or have in his possession any such counterfeit certain of said areas or parts thereof would not endanger the future license, die, plate, or engraving. supply of said birds, be may by public notice permit such public hunting, SEc. 19. That for the efficient execution of this act, the judges of the under such regulations as be may prescribe, free of charge, except for several courts established under the laws of the United States, United the regular migratory-bird hunting license provided for in this act and States commissioners, and persons appointed by the Secretary of Agri for licenses required under State laws. Whenever the surplus migratory culture to enforce this act, shall have, with respect thereto, like powers game birds decrease so that further public hunting on any such area, in and duties as are conferred by section 5 of the migrutory bird treaty the judgment of the Secretary of Agriculture, might prove harmful to act upon said judges, commissioners, ann it shall be forth necessary to make a motioJl at this time in order to proceed with returned to such person. All sums so received by the Secretary with the consideration of the bill1 If so, I move that we pro oi Agriculture shall be dePQsited in the Treasury to the credit of ceed to the consideration of the bill, notwithstanding any objec miscellaneous receipts. tion. Any person brought before a United States commissioner of compe Mr. ROBINSON n of fines and .costs collected l!r. SHEPPARD. Will the Chair rule upon the point of in such courts ; and eacll commissioner :Shall report in -duplicate to order I raised? I made the point of order that the pending the Attorney General quarterly, on or before the 15th day of January, bill, having been before the Senate when the hour of 2 o'clock April, July, and October of each _year, all such proc.eedings had before arrived .and there being at that hour no other unfinished busi him and all amounts of money received by him thermn. ness, became the unfinished business. SEC. 22. That for the purposes of tllis act the word "take" shall he Mr. CURTIS. Mr. President, I und~rstand it has been so construed to mean pursue, hunt, shoot, capture, collect, kill, or attempt held on two or three different occasions. to pursue, hunt, shoot, captu1·e, collect, t>r kill, unless the context Mr. ROBINSON of Arkansas. I think that is the correct solution. otherwise requires. SEC. 23. Nothing in th1s act shall be c<>nstrued as authorizing or .Mr. CURTIS. If it is not, I suggest to the Senator from South Dakota that be submit his moti.o-n to pr-oceed to the empowering the migratory bird conservation commissio~ ~erein created,. consideration of the bilL the Secretary of Agriculture, or any other board, commlSsion, or officer, t-o declare, withdraw, or determine, except heretofore de-signated, any The PRESIDING OFFICER The Senator from South Da part of any national forest or power site, a migratory bird reservation kota has already made the motion. under any of the provisions of this act, except by and with the consent Mr. ROBINSON of Arkansas. The motion is debatable and or the legislature of the State wherein such forest or power site is I wish to be heard on it. Mr. SHEPPARD. Will the Chair rule upon my point of located. order? SEC. 24. That the patrol for the protection of migratory birds on The PRESIDING OFFICER. The Chair overrules the point Federal migratory bird reservations in any State may 'be carried on by of order. such State, through its agency or agencies charged with the administra Mr. ROBINSON of A1·kansas. Mr. President, there is pend tion of its game laws, concurrently w!th the Secretary of Agriculture ing before this body a bill reported from the Committee on whenever so authorized by its legislature. Commerce commonly known as the flood control bill. There SEc. 25. That a sum sufficient to pay the necessary expenses of the is great nece:ssity for the early consideration of that measw·e commission and its members, not to exceed an annual expenditure of because it is one of the big questions before the Cong1·ess of $5,000, is hereby authorized to be appropriated out of the migratory the United States. The Committee on Commerce has reported bird conservation fund. Said appropriation shall be paid out on the a bill, many of the features of which have chall~nged criticism audit and order of the chairman of said commission, which audit and and invited amendment. order shall be conclusive and binding upon the General Accounting Office It was expected when the Congr~ss met that flood-control as to the correctness of the accounts of said commission. legislation would be given a prioxity over measures which were SEC. 26. That if any provision of this act or the application thereof not of an emergency nature. There were difficulties in the to any person or ciroumstance is held invalid the Yalidity of the problem which are not commonly understood. A Jong period remainder of the act and of the application of such provision to other has elapsed since the Congress met and no action has as yet persons and circumstances shall not be affected thereby. been taken by either body. Many disputed features of the SEC. 21. That this act shall take effect upon its passage .and approval, legislation remain unsettled. Dw-:ing the last few days there except the provisions requiring the use of licenses, w~ich shall take have. been conferences designed to work out agreements which effect on the 1st day of July, 1928. would facilitate the passage of flood-control legislation. 1928 CONGRESS!ON AL RECORD-SENATE .4971 I want to commend the spirit which has been exemplified and the bill is reported now back to the Senate. I have done by the Senator from Washington [Mr. JONES] in his control, as my part and· I am ready for him to do his part with reference chairman of the Committee on Commerce, of the measures sub to the bill. ·mitted to the Senate respecting this subje'ct. He has been Mr. DILL. Mr. President, may I say a word? ready at all times to deliberate upon the questions presented Mr. ROBINSON of Arkansas. I yield to the Senator from and he has been quick to yield his personal views in order to Washington. promote the end which so many Senators desire. Mr. DILL. I think the Senator from South Dakota probably There exists in the two Houses of the Congress diverse view refers to me, although I was not the only one, as I think there points respecting the legisla,tion. The session is already well were two or three Senators involved. I had an understanding, ad·mnced. It is entirely possible that such differences may as I thought, with the chairman of the Committee on Agricul manifest themselves in the progress of the debate respecting ture and Forestry last year that I would· have an opportunity flood control, that the session may approach its end with noth to present witnesses and be heard before the bill was reported ing done. To my mind that would be a calamity for which out of committee. The chairman of that committee stated that the Members of Congress would not wish to be responsible. he overlooked my request and did not realize that I had asked Even after the two Houses have passed a flood control bill for such hearings. The bill was reported and was on the there will be differences which will prove very difficult to calender. 'Vhen it was brought up in the Senate I objected harmonize and reconcile. I state this to show the necessity to the bill being taken up at that time and asked that a hearing for early consideeation and action concerning the subject of might be had before the committee. flood control. I said I would not filibuster, but I do intend to discuss the Comparing the importance of flood control with the bill bill at some length. I do that because I think it is the entering which is now brought forward, I think there can be little dif wedge for extending the bureaucratic system of the Depart ference of opinion as to the conclusion that flood-control legis ment of Agriculture out into the country such as has never been lation is of far greater importance. Some time ago the majority done in the history of the country before. I intend to oppose steering committee placed on its calendar for consideration the the bill with all the vigor I possess, and I shall discuss it at bill which the Senator from North Dakota now moves to be some length. considered. Mr. MAYFIELD. Mr. President, may I inquire if there is Mr. NORBECK. Mr. President- not a provision in the bill to bar the country boy with a single 'Mr. ROBINSON of Arkansas. I yield. barrel shotgun? Mr. NORBECK. Perhaps it is expecting too much that my Mr. NORBECK. Not on his own ground. residence shall not be moved, but I do not want to be moved Mr. DILL. Not on his own ground? If he is anywhere in from State to State. However, that is not what I rose to refer the United States with a gun he can be charged with attempting to. I am not from North Dakota nor from North Carolina. to shoot migratory birds and brought into court. [Laughter.] · Mr. ROBINSON of Arkansas: ..Mr. President, I am not now Mr. ROBINSON of Arkansas. I apologize to the Senator. discussing the merits of the bill. I want to state some consider By a mere inadvertence I said North Dakota when I should ations which I think will prove of importance in the further have said South Dakota. I apologize to the Senator from deliberations of the Senate. It is perfectly apparent, even South Dakota and to the Senator from North Dakota, if any while I have been trying to go forward with my statement, apology is required. [Laughter.] that there is serious opposition to the bill; that the opposition Mr. NORBECK. It has been my pleasure to be a member of is not confined to a single Senator; that it may be a long time the so-called steering committee, or, rather, the committee on before the bill shall be disposed of. order of business. The first knowledge I had about the urgency What I want to say now, and' to make clear, is that while of flood control as coming to that committee was at a meeting I shall cooperate with the Senator from South Dakota [Mr. about 10 days ago when a joint request came from the Senator NoRBIOOK] to bring the bill before the Senate, I do not commit from Arkansas [l\Ir: RoBINSON] and the Senator from Kansas myself to the policy or to the purpose of maintaining it here [Mr. CURTIS] that it might be placed on the calendar immedi to the exclusion or the prevention of legislation of greater ately after the migratory bird bill. I helped to place it there. importance. I think the duty of the Senate is to deal with the 1\fr. ROBINSON of Arkansas. If the Senator will permit me, big questions before it as promptly and as effectively as is I was just about to proceed to make that statement. possible, and I am not willing, once the migratory bird bill is I have said that, in my judgment, there is no comparison before the Senate, to say that other more important measures between the importance of the proposed legislation for flood shall not be brought forward, if conditions regarding debate control and the importance of the bill relating to migratory may indicate--as I anticipate in all probability they will-that birds. With amendments which are in contemplation, I expect this measure of relative unimportance is obstructing legislation to support the latter bill. As the Senator from South Dakota of greater importance. knows, I have heretofore taken that attitude. But I realize Mr. EDGE. Mr. President, may I ask the Senator from that there is bitter opposition to the migratory bird bill. It has Arkansas a question? been brought forward in the Senate repeatedly and in different Mr. ROBINSON of Arkansas. I yield to the Senator from sessions of the Congress debated week after week. I have never New Jersey. contributed to any degree to that process. I recognize the fact· Mr. EDGE. I am asking the question for information, know that there are still Senators who are likely to make an effort to ing the Senator's great interest in the subject to which he is prolong debate on the migratory bird bill. referring. Are those who are either proponents or who have 1\Ir. NORBECK. Mr. President, if the Senator will yield, I acquiesced in some form of flood-control legislation now pre should like to make a brief statement in connection with that pared to open the di:~cussion upon it? So far as I am con matter. cerned, if they are, I think the debate should go ahead right Mr. ROBINSON of Arkansas. I am always glad to yield away. to the Senator from South Dakota. Mr. ROBINSON of Arkansas. I was just about to proceed Mr. NORBECK. A similar bill has once passed this body with that phase of the subject. I do not understand that the and at another session of Congress passed the other body. proponents of flood-control legislation are entirely ready to take There was considerable opposition to the bill here in the last up the measure. I recognize the right--or the privilege, if Sen Congress when we had it up for consideration, especially by ators prefer that expression-of the chairman of the Commerce one Senator who opposed it very vigorously, and interposed a Committee to control, within reasonable limitations, the time good many objections to it, with the result that the Senate when that measure· shall be brought before the Senate. I spent about 13 or 14 hours in consideration of the bill, covering understand that negotiations are still in progress among Mem many days, because many other matters were taken up in the bers of the Senate with respect to proposed amendments to the meantime. That Senator came to nie two weeks ago, when the flood control bill as it has been reported which may, and in bill was reached, when there was no other matter of urgency all probability will, result in agreement that will facilitate the pending, and when everybody was ready to take it up. He passage of the flood control bill. said if we would permit it to go back to the committee and For that reason I defer to the Senator from Washington [Mr. have a further hearing there, he would not filibuster against JoNES], and I consent, in so far as I am capable of consenting it; but he was still opposed to it, and stated that he would or am authorized to consent to anything, that the arrangement make a speech against it and vote against it, but would not which was made before the flood control bill wa-s placed upon prolong the fight, and would give us a chance to get a vote on the calendar for consideration shall go forward. it. I wanted to make the matter entirely harmonious, and so I anticipate, however, that a condition may arise in the I arranged to have the committee hold hearings on the bill. Senate when it will be necessary to take some action looking The Senator brought his witnesses here and they were heard, to bringing the .flood control bill forward. 4972 CONGRESSIONAL RECORD-SENATE MARCH 19· Mr. JONES. Mr. President-- their homes and go out on the levees and work day and night Mr. ROBINSON of Arkansas. I yield to the Senator from in an effort to stem a.n irresistible tide. And I saw women. Washington. gather themselves where the levees were threatened and give Mr. JONES. I think probably that I ought to say here that the best service tba.t they could perform in an attempt to a meeting of the Commerce Committee has been called for to prevent the levees from breaking. Thousands were driven from morrow morning for the purpose of considering some of the their homes. Refugees gathered on narrow strips of land and amendments which have been proposed to the bill as reported to saw the yellow waters ri e until they were threatened with the Senate. Some of the amendments a!e quite strongly urged drowning. Hundred~ of thousands saw the accumulations of by members of the committee. After the committee meeting a. lifetime swept away and destroyed. The unconquerable to-mon·ow morning I shall be ready, so far as I am individually spirit, the matchless energy, the determined purpose disclosed concerned, to take up the bill at any time. I have been ready, by many agencies is recorded in a chapter that thrills the so far as that is concerned, I might say, during the last week, heart. but I rather believe that we shall make progress by proceeding While the great calamity which caused so much disaster, in an orderly way. Before the flood control bill was ~eported the loss of many lives, and the destruction of hundreds of mil the steering committee had recommended the migratory bird lions of dollars of property was prominently in the minds of bill to C"'me up in the order in which it is now coming up; so I Members of Congress and of the public not vitally connected felt that we would really expedite matters by following that with the problem, there seemed no doubt legislation would be course. As I have stated, a meeting of the Commerce Commit quickly brought forward and enacted to prevent the recurrence tee has been called for to-morrow morning, and it is hoped that of such losses in the future. It is not known, but it is true, we hall be able to reach an agreement upon some amendments that there is real danger that effective legislation on the sub which might otherwise cause considerable d,ebate. I believe we ject may not be passed at this session of Congress; and what shall be able to make time in the way we are proceeding. After I want to make plain, if I can, is that those who regard flood the meeting of the committee to-morrow morning, I shall be control legislation as of paramount importance shall not com ready, whether we reach a special agreement to-mon-ow morn mit themselves to the policy of postponing action until the ing on those amendments or not, to take up the flood control passage of a.n adequate measure may become impracticable if bill. whenever it may be deemed proper to do so. not impossible. Giving to the subject the time to which it is Mr. ROBINSON of Arkansas. I am in entire accord with entitled, recognizing for flood-control legislation the priority the Sena,tor from Washington. I want again to commend the which its importance demands, we shall encounter grave diffi spirit of conciliation, and, I might say, of liberality, which he culties before a. satisfactory measure can be passed ; and t has displayed since the bill providing for flood conh·ol has been want to say now to the Senator from South Dakota and to reported to the Senate. He is earnestly working, as are a large all other Senators that I think we should recognize the supreme number of other Senators, to prepare legislation that will be importance of flood-control legislation. Having done that, I effective in accomplishing the purpese of flood prevention or am willing and ready that measures of comparatively sma.ll conti·ol within the Mississippi Valley. I wish to t~e this occa importance may take the place which sound sense ascribes to sion publicly to acknowledge my recognition of the disposition them. . that he has displayed ; and I infer from his closing statement Mr. CURTIS. Mr. Presiuent, I think the Senate agr·ees with that he is in accord with me in the assertion that a bill which the Senator that flood control is of more importance than this has been before the Senate Q long as the migratory bird bill bill; but the Senator should remember that when this pro has been, and concerning which no final action has been taken gr·am was arranged the flood control bill had not been reported, save its passage once through the Senate, ought not to be per and the steering committee acted upon the measures that were mitted indefinitely to delay the measure advanced by the Sena presented to it. tor from Washington, which is known a.s the flood control bill. Mr. ROBINSON of Arkansas. I stated that. Mr. DILL. Mr. President, will the Senator f~om Arkansas Mr. CURTIS. I happened to be out of the Chamber when the yield to me? Senator made that statement. Mr. ROBINSON of Arkansas. Certainly. Mr. ROBINSON of Arkan as. Of course, if the proposition Mr. DILL. I wish to say in that connection that the migra were a new one and it were a choice between the migratory tory bird bill which previously passed the Senate did not con bird bill and the flood control bill, to be determined upon their tain the objectionable provisions which this bill contains. The relative importance, there could be no question as to what my migratory bird bill that then passed did not propose to employ attitude would be. I have said that, so far as I am able to Federal game wardens and require Federal licenses, as this bill consent to anything, I consent to the consideration of this bill; proposes. but I do not imply that it shall be kept before the Senate Mr. ROBINSON of Arkansas. Mr. President, that raises an indefinitely. element of controversy which may very properly be discussed 1\lr. CURTIS. I should like to assure the Senator that, so when the bill shall be before the Senate, if it shall be brought far as this side is concerned, everything will be done that can before the Senate. be done to hasten action upon flood control and also upon tb~ Mr. JONES. Mr. President-- farm relief measure. Mr. ROBINSON of Arkansas. I again yield to the Senator Mr. ROBINSON of Arkansas. I am very glad to hear it. from Washington. Mr. President, I desire to have printed in the RECORD a. press Mr. JONES. I wish to say that I agree with the Senator report concerning the resolution or decision of what is known from Arkansas that it would be a calamity for this session of as the 1'ri-State Committee with respect to the subject matter Congress to adjourn without the passage of flood-control legis of flood control legislation. lation ; I think it would be absolutely ~excusable, and, so far The PRESIDING OFFICER. Without objection, it is so as· I am concerned, this session of Congress is not going to ad ordered. journ until flood-control legislation is enacted if I can prevent it. The matter referred to is as follows : I shall hasten action just as rapidly a.s I can in order to accom VALLEY SUPPORTS JONES FLOOD BIL~TRI-STATE COMMITTEE URGES plish what I consider absolutely essential legislation at this CONGRESS ADOPT IT BEFORE SESSION E:rms-ASKS FOUR AME:qo session. MENTS-MlSSISSIPPI RIVER COMMISSION NOT TO BE INTERFERED WITH MI-. ROBINSON of Arkansas. Again, Mr. President, the Sen Is STIPULATION SUGGESTED a tor from Washington and I are in complete accord. No effort MEMPHIS, March 15.-The Tri-State Flood Control Committee to-day that I can make will be spared to secure the passage of a rea unanimously indorsed the flood control bill of Senator JONES, of Wash sonable and adequate flood-control measure. I do not want that ington, which the Senate Commerce Committee has reported favorably, measure to interfere with the fair consideration of other meas and called upon Senators and Representatives from the Mississippi ures, but if a.n effort should be made to adjourn this Congress- Valley to support it. and Senators may think now that that is a. far-fetched fear-if The committee, which repre ents Arkansas, Louisiana, and Missis an effort should be made to adjourn this Congress before flood sippi, also urged friends of the valley throughout the country to use control legislation has been finally passed there will arise a. their infiuence to secure passage of the bill. condition in the Congress of the United States, and particularly " While we still maintain· that flood relief is a national obligation in the Senate, to which nothing that has ever happened before that should be discharged solely at Federal expense," said a statement can be compared. - issued by the committee after an aU-day session, " we are prepared to The biggest question before th•e Congress now is flood con accept the provisions of the Jones bill, notwithstanding its require trol. The entire Nation was awakened to its importance by ment for some local contribution, because of the urgency of our need tbe occurrence of a disaster whlcb human language can not and the necessity for the speedy passage of some remedial legislation." d~cribe. I saw tbe muddy, murky currents of a thousand, aye ten thousand streams gather their mighty volumes and FAILURlll THREATENS DISASTER empty themselves into the Mississippi River. I saw fields Failure of such legislation, the statement continued, "is fraught with desolated, homes destroyed, cities submerged. I saw men quit too much woe and disaster to our country for us not to make every 1928 CONGRESSIONAL RECORD-SENAT~ 4973 reasonable concession to avoid such failure." The committee urged bill ( S. 1271) to more effectively meet the obligations of the that the bill be amended substantially as follows : United States under the migratory bird treaty with Great That it be made clear that it does not curtail the .present territorial Britain by lessening the dangers threatening migratory game jurisdiction of the Mississippi River Commission as to the Mississippi birds from drainage and other causes, by the acquisition of River and its tributaries. That it provide that water diverted through areas of land and of water to furnish in perpetuity reservations any spillway, flood way, or diversion channel constructed under the for the adequate protection of such birds; and by providing provisions of the act shall be regulated, confined, and controlled. That funds for the establishment of such areas, their maintenance section 5 be clarified so as to show specifically that the Government and improvement, and for other purposes. shall make fair compensation for all property taken, damaged, or Mr. HOWELL. Mr. President, in view of the situation and subjected to flowage rights in carrying out the provisions of the bill, the expressions upon the fioor of the Senate, I move as a sub and tbat the remedy pro,·i"(led can be invoked either by the Government stitute that the farm relief bill, known as Calendar No. 509, or at the instance of any party aggrieved. Senate bill 3555, be made the unfinished business. DELAYS BY CONGRESS NOTED The PRESIDING OFFICER. The motion is not in order. Pointing out that three and a half months ha"\'e passed since Con Mr. HOWELL. Mr. President, a parliamentary inquiry. gres:s convened and that no flood-relief measure has been enacted, the There is a motion pending? committee declared H felt that "further delay seriously je.opardizes the The PRESIDING OFFICER. There is. The pending motion passage ·of any such legislation at this session, and that it is imperative is the motion of the Senator from South Dakota [1\Ir. NORBECK] that the friends of the valley concentrate upon some bill which will to take up the migratory bird bill.- nfford an adequate measure of relief rather than risk the dlre possi :Ur. HOWELL, I move, as a substitute for that motion-- bility of au adjournment· of Congress without flood legislation." 1\fr. ROBINSON of Arkansas. I make the point of order that a substitute motion is not in order. MARTDIEAU URGES U~ITY The PRESIDING OFFICER. It is not-in order. "It is now time," said Federal Judge John E. Martineau, of Arkan Mr. HOWELL. Then I offer as an amendment to thls motion sas, •· to determine whether a modification of our wishes must be made that we take up as the next Order of Business, Calendar No. in an effort to get what we can in the way of relief before this Congress 509. adjourns. Mr. ROBINSON of Arkansas. I make the point of order " We must have unity of action. A delay might be fatal to the 1\!is that the motion is not in order. Si$Sippi Yalley. The question of flood control has remained a question The PRESIDING OFFICER. The Senator is correct. since the flood subsided. It is flood time again, and, though there is no Mr. HOWELL. :Ur. President, the question is, What are we immediate fear of another inundation, the cotmtry is even less _prepared going to do about farm· relief -in this session of Congress? We for big4 water than it was last year. In a few places, I understand, ali have waited weeks, we have waited mouths, and now it seems the gaps- have not yet been closed. 1 that there are other plans in view. The 'time to take up agricul ' We are at the mercy of nature. Not only that, but the fact that tural relief is now, and not to defer it and consider such a meas the pre:ent Congress is moving to a close without definite actiious. committee, had a big meeting. H e called in more of the fellows. Some of them who had attended the White Bouse That was the plan of getting $1,000 contribution.s, and he dinner went out. to attend Upham's dinner. Four mE.>mbers gave out a statement saying that be would -not ~ccept more of the Cabinet went. The President, who was then only a than $1,000 campaign contributions. He said be de ired the Yice Pre ident, _went out. party to be a party of the people. He wanted it to be run by :llr. SWANSON. 'Vbat .was the debt? the people. Endently circumstance later caused him to change l\lr. HARRISON. It wa,s given as a million and a half. hi mind and plan. While he was on that same trip, and fol 1\Ir. SWANSON. What were the names of the four Cabinet lowing a conference with Mr. Penrose, I presume, Mr. Hays members ? s~id, on September 11 of that year : - 1\Ir. HARRISON. The four Cabinet members who went at It is an inno\ation of merit recogniz.ed by all. Because it is the first that time were Mr. 1Yeeks, then Secretary of " rar; Air. Ha~- s. effort, it may not succeed. Howeve1·, we have been several months in who was then Postmaster General; the Sec1.'etary of Commerce, a campaign of publicity and organization to develop the idea, and we :Mr. Hoover; and either Daugherty or Fall, or both, we1·e pres have e>ery reason to believe that it will succeecl. It is the purpose to ent. The papers of the next morning, in ~peaking of the endeavor to develop in Pennsylvania, as in other States, the effort to speeches before this conference, said Vice President Coolidge popularize the giving of money for campaign purposes by getting small made a "rip-snorting" speech. I do not know what kind of a contributions from a great many meaand women rather than large con speech a " rip-snorting " speech is. I have heard the President tributions from a small number, thus forever eliminating any possible make all kinds of speeches, but I do not think I have heard opportunity for sinister influences in connection with money. him make a "rip-snorting" speech. The article said that the Those we-re the views expres ed by the distinguished chair Secretary of Commerce made a " humdinger" of a speech. It man of the Republican national campaign committee in 1920, may be that be will show us in his campaigns in Ohio and and it will be reealled with what pressure they put the boys Indiana just what a "humdinger" speech is. They were all tied together in 1921 h·ying to raiNe money to pay off this big out to work in those day ~ in order to raise the money. Senators will remember in some of those bulletins that were issued from debt of the Republican Party. There was the President, the headquarters presided O\er by Mr. Hays at that time he Hoover, Fall, Denby, Daugherty, Weeks, Mellon, and Hays. called them the "money boys," and tolll. them to "step on ihe Shortly after that they did raise it, and bow did they rai e gas" and "give her full speed." I have here some of the ex it? They did not raise it at that meeting, but they concocted pressions used in those days, and, if I recall correctly, my a scheme a little later on which has come out from the inves friend the junior Senator from Ohio [Mr. FE.sS] was the chair tigation being carried on by the Committee on Public Lands man of tbe House Republican campaign committee. Of course, and Sul'Veys. To whom did they apply to raise the money? I do not presume that these bulletins were issued with his "Tho was the angel of the Republican Party who was to furnish collaboration or with his approyal. the ~ in e w - of war to wipe out this debt conh·acted under the Mr. Hays said in this bulletin : dh'ection of Will Hays? This dE-bt that was then and had for months been giving these leaders of the pm·ty concern? · Boys, get the money. Harding and Coolidge ha\e the confidence of )Ir. CARAWAY. Did the Senator say" war" or" oil"? the people. Buy, boys. :ur. HARRISON. I said "war." It wa :Mr. Sinclair, 'Yho " Buy! " " Buy! " helped to organize the Continental Trading Co. and made Get the money. The weather i hot, the men are on vacation, meet money so rapidly that it piled up in its own reserve, and then ings are hard to get; but, boys, get the money. they went out and bought the Liberty bonds. When :Mr. Hay , then, in order to pay off tbi-· :(l.epublican debt, app€aled to l\lr. Here is another bulletin : Sinclair, Mr. Sinclair said: "Yes, Bill; I will help to do it. There are hills to climb, but if you want to make a hill at the same Your crowd down there have been good to me. I am going to speed you have been running where the road is level you have got to lJelp you out in your troubles." gi\e it more power. Give her the gas; step on it. Get the money, Uphaml who was treasurer of the Republican Party, one month after the Teapot Dome lease was made wrote a letter Boys, please get the money. to Republican leaders everywhere, and in that letter he said : Here is another bulletin: President llarding and his Cabinet have performed mighty satis· Chicago·s campaigns -are to be conducted with four full-time divi factorlly. sions and five reserve divisions, which will swing into action the Yes; they had perfoi·meti satisfactorily. Thirty days before, last three days on the public mo\ement, functioning as a "mop-up" as I said, they bad lea ed Elk Hills and the Teapot Dome to battalion. Doheny and to Sinclair. So when 1\Ir. Hays appealed to Mr. At the bottom of these bulletins is this : Sinclair the latter said, "Yes; here are the GoYernment bonds. Take them. Here i. $75,000 that I contribute." Om· reade1·s are requested not to make this publication public. It Of cour e, Bill forgot about that $75,000 in bonds when he is confidential. It is exclu ive. The names and the amounts sub was testifying before the committee in 1924, I think it was. lie scribed by donors should not be made public. said at that time tha.t ::.\ir. Sinclair gave him $73,()00 in ca h, Those are the bulletins issued under the direction of Chair~ but in his more recent testimony he said it wa $75,000 in bonus man Hays back in 1920, and the idea became so prevalent that that he hacl giyen to him. His memory had temporarily failed money was being connptly and unjustly and profu ely used at him. But Bill says now, ''Sinclair, we want more than that. that time that the distinguished standard bearer of the Demo 'Ye want to pay off the debt. ·we ha-.e some creditors who cratic Party charged the use of money in the amount of are l"igbt on our hee-ls." So Sinclab· said, "Not only take this seven and a half million dollars. It was afterwards proven $75,000, but take $185,000 more." ~ that the amount was far too small. That much has come out. The Lord knows how much more During that time Mr. Hays wa calling for contributions would come out if the truth were told as to what be had limited in amount to a thousand dollars. Shortly afterwards given to the Republican leaders in bonds to wipe out theiJ.· debt. tlley wanted to wipe out a deficit. The deficit was recognized But he gave them the .185,000 in addition to the $75,000. He to be something around a million and a half dollars. The gave $50,000 of it., I believe, over to Pratt to pay off some debt, Republicans had elected their President and had elected their and it · developed afterwards that ~Ir. Pratt returned those Yice President, and the President then called a meeting, it bonds to somebody. He sent Mr. Upham $60,000 of the bonds, will be remembered, of the big, fat fellows from over the and he gave to another member of President Harding's Cabinet, co~ntry, who had more money than they knew what to do with. John Weeks, $25,000 more of those bonds. So the managers of the GoYernment thought the time appro We used to think that ther'e were two Cabinet members ·ot priate to part some of it from them. They followed the this administration who had been touched by the Teapot Dome seductive way. They invited and dined them at the White scandal, but mo1·e recent e\ents show that others were touched House. The chairman of the Republican National Campaign by it through these Liberty bonds. Weeks was one of the lead Committee was present, and Wrigley and Patterson and the ers of the Republican Party. He had been in charge of the Cabinet members were present. Naturally they talked over western headquarters in 1920, and to him was given $25,000 of party finances. That was the subject of conyersation. The those bonds, through Hays, by Sinclair. Not only that. l!Ir. 1928 CONGRESSIONAL RECORD-SENATE 4975 Hays was then in the Gabinet. He had not resigned in 1922. Mellon or any other member of the Cabinet or any one in the Work, who is now the Secretary of the Interior, managing the service or control of the Republican Party at that time. campaign of Herbert Hoover, it is said, was then Assistant Not only did they do that, but they organized the Mammoth Postmaster General, under Will Hays, and his assistant on his Oil Co., and put the fellows next to what was going to be done executive committee in the management of the Republican with the stock of that company. It was going sky-high. The campaign of 1920. fellows who were going to be on the inside could buy at a low So every day it goes further on with more entanglements, figure, and in time it would go up and up, and they would reap more confusion, more scandal. Mr. Hays got the money. Then their millions from Mr. Sinclair's speculations as well as his he came down to Andy, Handy Andy. He sent him a package advice. My friends, there never has been written in all the his of $50,000 in bonds. tory of our Government a blacker page and a more corrupt and "Handy" did not remember how long he kept those bonds, scandalous attempt to debauch the Government, from the high but he kept them a while. He did not return them by the est officers all the way down, than has been perpetrated in this next mail. He received those bonds at a time following the instance. The Republican leadership fell for it. They have not broadcasting everywhere, by the newspapers, of the testimony had the courage to un:Ioose themselves from it. of Magee and other revelations which had come out before the I congratulate the distinguished senior Senator from Idaho Committee on Public Lands and Surveys. If Mr. Mellon did [Mr. BoRAH] for the advice he has given to his party and for not know at that time that Sinclair was involved and that he endeavoring to raise contributions to return the $160,000. Of was being charged everywhere with having corrupted Fall and course, it could not make amends for what has been done, but it everybody else that he could in connection with the oil reserves, can in a small way show that there are some in the Renublican he was the only man in the United States who was ignorant Party who condemn the act and repudiate the methods -of those of it. They had sent for witnesses from New Mexico. Those who direct their party affairs. I know there are some who say witnesses came up and had all testiiied. All this was being the Senator from Idaho is just playing to the public. Some published in the papers at the time that Sinclair handed to Senators in public addresses say it is a foolish idea on his part, Hays the $260,000 of Liberty bonds, and while Hays was but I suppose, even though he does not vote with the Republican peddling them out to Republican leaders throughout the coun Party all the time, that he has the interest of his party at try in order to borrow money or to put them up as a pledge, heart and he knows that if the corrupting influence which has so to speak. The country at the time was on fire over the been at work in the Republican Party, not only through the scandal. Republican national organization but in Illinois and Pennsyl Mr. CARAWAY. Mr. President, may I interrupt the Senator? vania and other pia~ in the country, i~ permitted to continue, Mr. HARRISON. Certainly. soon there will be nothing left but a mere shadow of the Mr. CARAWAY. I hope the Senator will not forget to re Republican Party. mark, however, that Mr. Mellon was very careful that those Mr. BROOKHART. Mr. President, will the Senator yield? bonds should not corrupt other moneys. He took them home Mr. HARRISON. I yield . . and put them under the mattress, I thin:k, and did not mix Mr. BROOKHART. The question I am going to ask is not . them up with any other bonds. · in criticism of anything the Senator has said with reference Mr. HARRISON. Yes. Handy, whom some of the papers to the Republican Party or its action, and not in -defense of it. . have seen :fit to congratulate because he turned back to Hays But I wonder if anybody in the Democratic Party is going to . this filthy lucre, kept it for some time; I do not know how long, · organize to pay Doheny back his contribution to the Democratic and he did not know, and Hays did not know. But he kept campaign fund? it and finally Hays came down to see him when he was getting Mr. HARRISON. The Senator may think that is powerfully the bonds back from Pratt. When he saw the expose about funny, and he may excuse his good conscience from still trying to come and was enlarging at too rapid a gait and was liable to make the people in Iowa believe he is a Republican by to bring everybody and everything connected with the Republi making such a suggestion as that. If there were a way to can organization into it, then it was that he came down to see point the finger of corruption at the Democratic Party during Mr. Mellon. the eight years it controlled the Government, the Senatur would H e talked it over with him. Perhaps that took place in have pointed that :finger long ago. But it could not be done the Treasury offices, but I do not know. Why did not you, Mr. because there was nothing corrupt there to be pointed at, aud . Mellon, give to him those Liberty bonds at that time? No; he yet the distinguished Senator from North Dakota [Mr. NYE], said they were not convenient at that particular time. They who happens to be chairman of the Committee on Public Lands were too good to put into the vaults of the Treasury of the and Surveys, on yesterday, speaking in Baltimore, away from . United States. He was unwilling to risk hiding them in his 'Vashington, is quoted as employing this language: executive offices. So he kept them, as the distinguished Sena BORA.H's oil gift return plan foolish tor from Arkansas [Mr. CARAWAY] has said, in some place NYE says- where no employee, no matter how confidential he might have been with Mellon, could see them or could touch them or could Mr. BORAH wants to show that there is decency in the Republican know anything about them. Several days afterwards he re Party- turned them to 1\lr. Hays, or to somebody. Said Senator NYE- · But Mr. Mellon sent his check, and his check was dated, as I believe, December 6, 1923, for $50,000. He sent that check to His motives are the best, but he is unfair to the people. It is the Mr. Upham out in Chicago, who was the treasurer of the Re poor devil who can not afford it who will put in his $1 and $5 and $10 publican Party. That is the connection of Mr. Mellon. Why contribution. has be kept all this secret? 'Vhy has he not given the clue to 1\fr. President, I agree with little the Republican Party the committee? He knew there was something wrong or he stands for, but, poor as I am, I will join with my Democratic would have taken them. Still he kept his peace. He revealed colleagues here and in the House and with my Democratic nothing. friends throughout the country in assisting to raise this money Mr. President, it seems that Sinclair, by organizing the Con to remove this much of the stain from the escutcheon of the tinental Oil Co., had evolved a scheme that many believed Republican Party. was conceived and executed in order to :finance the Republican Yes; the Senator from Idaho is performing a splendid service. Party and pay off its debt and keep it entrenched in power While my friend the Senator from North Dakota [Mr. NYE] ; here. He was giving these bonds to the ex-chairman, Mr. does not agree with it, I imagine his constituents in North Hays, to go out and peddle them so _that influences might be Dakota applaud more the course of the Senator from Idaho than ·at work in behalf of Sinclair. He did not stop anywhere. the speech made yesterday in Baltimore by the chairman of the Doubtless in his dreams and in his mind he thought that even Committee on Public Lands and Surveys. But he did not stop though the Teapot Dome lease may have been fraudulently there. and corruptly made and that the American people would rise Mr. ROBINSON of Arkansas. 1\Ir. President, will the Sena up and demand its cancellation, yet having loaned Liberty bonds tor yield for a question? ·:to the directing head of the Republican Party and permitted Air. HARRISON. Certainly. ··this directing head to loan those bonds and give those bonds Mr. ROBINSON of Arkansas. What is the theory upon which out to men in high places in the Republican Party-aye, those Mr. Sinclair is entitled to be reimbursed for this contribution? directing and controlling its affairs-that they would fly to his Upon what theory is it asserted as a great moral reform, after defense and would permit no wrong or justice to be perpe- four years have passed, to pay back the $160,000 to l\Ir. Sinclair? . trated upon him. He felt secure in his paid-for position. He How is it expected to reform the Republican Party, by having 1 was then a prominent member of the Gold Guard. those who neither knew anything about the contribution nor • Day by day, with all these matters coming out in the papers, approved it, stand the loss? Is it contended that there was a breach of contract and a failure of consideration and that Mr. 1 no Republican Senator and no Republican Member of the IHouse rises in his place either to defend Will Hays or " Handy " Sinclair· had expected the naval oil reserve oil transaction to be 4976 CONGRESSION .A_L R,ECORD-SENATE !lARCH 19 confirmed and he be given immunity for' the transaction and I think it is unfair for the Senator from North Dakota to that, failing in that, he should be reimbursed for his contribu make any such statement as that. I think that it is unwarx·anted tion1 I myself can not see the very great reform in the move upon the part of the chairman of an in-vestigating committee to ment of the Senator from Idaho taking money out of his pocket give to the country any such statement as that. There is not a and asking men associated with him in polities to make a refund line of proof in the hearing to show that or to justify it. If to Mr. Sinclair. I ha-ve not the slightest doubt that under the the Senator fi•om North Dakota belieYes, without proof, that the circumstances as they now exist Mr. Sinclair will be very glad Democratic Party is just as corrupt as is the Repnblican Party to receive his money back, and I am morally sm·e that no in tbe matter of campaign contributions, with all this avalanche· wholeoome good will result to the public by paying it back of evidence, then he has no discriminating mind at all. to him. He saw the statement of the Q.·easurer of the Democratic Mr. CARAWAY. :Mr. President, may I make a suggestion? Party; he saw before the committee and heard CoRnELL HULL, Mr. HARRISON. Certainly. the chairman af the Democratic committee. He knows there is Mr. 0..ARA W A.Y. It might be suggested that if Sinclair does no foundation for the statement; he knows by the :facts that his not get his money back he will be unwilling to buy favors from statement last quoted is unwarranted and unfounded. It there the Republir.an Party in the future. One must get and maintain fore does seem to me that we would get along better if we would a market for his goods and wares. I can see no other purpose expose the facts and lay no false blame upon some other party in it. which is trying to rid the Government of these corrupt methods Mr. HARRISON. I do not think there was any breach of and give to the people the truth about this situation. · promise to Sinclair upon the part of the Republican aclminis Mr. NYE. Mr. President, I should like to inquire of the Sena-· tration, nor was there any failure of consideration. I think it tor from :Missis ippi where in the newspaper article from which absolutely impossible to reform the Republican Party [laughter), he has just quoted he finds that I have in any way insinuated but if the Senator from Idaho wants to do this thing I think it is or charged that Democrats had recei-ved any of the Continental commendable in him. Trading Co. Liberty bonds? · Mr. REED of Missouri rose. Mr. HARRISON. Does the Senator from Missouri want to , Mr. HARRISON. I will x·ead .again what the· Washington. Post quotes tbe Senator as saying-and the same quotation was ask me a ouestion? Mr. REED of Missouri. I was going ask the Senator if this in the Baltimore newspapers : is to be treated as a conscience fund'? If so, it seems to me Besides these objections, Senator NYE said a return ot Sinclaii··s money. this is an irregular way to raise a conscience fund. Generally might open the way for a mQvement to :return every contribution over a conscience fund is supposed to be contl'ibuted to by the man $25,000, and declared he could see little di1l'erence between the two . whose conscience hurts him because he has taken somebody major parties in the matter of campaign contributions. else's money and wants to restore it. In this case it is proposed l\1r. NYE. Just so; but I made no reference to the Conti to take other people's money and restore it to the rogue who improperly employed his money in the first instance. nental Trading Co. bonds; and I wish to say, Mr. President- Mr. HARRISON. The Senator was talking about the Conti Mr. HARRISON. Of cotll·se, the Senator from Idaho, it may nental Trading Co. bonds. be, has a statute in his State, as. there are statutes in certain States, that he who recei-ves stolen goods commits a crime and Mr. 1\"'YE. I wish to say, so long as the question has been. is subject to the same conviction and the same penalty as is raised, that it will be a most x·emarka.ble thing if when the imposed on him who stole the goods; and so he and his col present in-vestigation shall be concluded it shall not be disclosed: leagues may not \Ya.Iit to be found guilty of that particular that the hand of the Demo(!t:atic Party was dealt with quite, CI'ime. freely as well as was the hand of the Republican Party through 1\Ir. REED of 1UssourL 1\Ir. President, without desiring to these oil funds. cavil, the Senator from Idaho did not steal this money nor did Mr. HARRISON. Mr. Pre ident-- he get it corruptly nor did he touch it. As near as I can make Mr. NYE. Just a moment, please. It would be strange, for out, though, if this deal goes through, Sinclair will be $160,000 the good and simple reason that men of the Sinclair type are not better off, and the money is going to be conbi.buted by a lot confining themselves by any manner of means to one party in of good men. If it was going to restore the status quo, I could this country, but under the order that prevails to-day they are see a reason for it; but to restore the status quo we would have pla;ying both ends against the middle. One party fa~es about to go back prior to the election and restore a condition that as well as the other one does. The party of the Senator from existed prior to the election. The use of this money enabled Mississippi has not fared so well during x·ecent years, for the a lot of gentlemen or helped to enable a lot of gentlemen to good and simple reason, perhaps, that no man spends as much get into office. The only way to 1·estore the status quo would money in keeping a spare tire in repair as in keeping in repair be for those gentlemen all to resign, have a new election, and tires that are in constant use. I say that \vithout casting any have it on clean money; but they are not going to do that. reflections upon the par:ty of the Senator from Mississippi, but Even Mellon is not going to resign, although he ought to be that is ·the case ; and my conclusion is this-- asked to resign. Mr. REED of Pennsylvania. :Mr. President, will the Senator I did not want to-interrupt the Senator's trend of thought, but yield to me for a moment? the curious thing to me about this whole business is why they M.r. NYE. I yield. put these bonds out in large sums in the hands of -various l\Ir. REED of Pennsylvania. It is customary to put m9re prominent Republicans. If the deal was a clean one, if it was wind in the spare tire when it gets flat, is it not? an honest one, if the bonds had been contributed by Mr. Sin l\lr. ~"'YE. The point may be well ta]{en. clair in an honest way, all they had to do was to carry them lli. HARRISON. Mr. President, will the Senator fi•om to any bank and have them instantly cashed o1· have sold them North Dakota yield to me? on the open ma1·ket. Why is it that they rolle~ them up in Mr. NYE. I yield. packages and secretly sent them out to gentlemen? When they Mr. HARRISON. Uay I ask the Senator does he now state came in that way and the Secretary of the Treasury received f1;om the facts before the committee that both major parties are $50,000 worth of them-whether he kept them for one day or equally to b1ame in the matter of eampaign contributions? kept them for a month is immaterial-a time arriYed when he Mr. ~ryE. No; I would not say that, Mr. President, but I do concluded that it was not a straight transaction, and hence he say that, in so far as those who were involved and who put up would not have the bonds in his possession. Knowing that, the money to influence the campaign and to buy the privileges why did not tlils Cabinet officer advise the committee that was and the fa-vors which were accorded to the oil interests follow trying to x·un down this iniquitous piece of business? ing the election of 1920 are concerned, they would in all proba· Mr. HARRISON. Of course, neither Handy Andy nor former bility have been just as successful had the Democratic Party Senator Butler had aiJY idea that it was a clean dea1. Both of won that election as they were with the Republican Party. those gentlemen er-en returned the bonds, one a little later than 1\Ir. HARRISON. The Senator makes that statement, but be the other did, but finally they both returned the bonds. And has no facts to base it on~ has he? neither of them, even though on this floor and everywhere oppor 1\lr. NYE. I have just, this fact: That :Mr. Doheny, a Demo: tunity has been acc'Orded them, have ever divulged this queer crat, was as liberal with. his contributions to one party as he and suspicious act. was with his contributions to the other, and Mr. Doheny's There is just one other suggestion that I wish to make, and interest was the same as was Mr. Sinclair's interest~ tben I shall take my seat. The Senator from Korth Dakota Mr. SWANSON. Mr. PresiMarch 11, 1928] Sinclair during those five ye~;ll's. Mr. NYE and Mr. REED of Missouri addressed the Chair. WHEREIN WE LET MR. DOOLEY EXPLAIN The PRESIDENT pro tempore. To whom does the Senator To the EDITOR OF THI!l COURANT ; yield? As a faithful reader of your paper-! even read clear through the Mr. ROBINSON of Indiana. I yield to the Senator from statements of the candidates-may I be permitted to ask yon a ques North Dakota. tion? Why do the Republican candidates object to virtually nothing Mr. NYE. The Senator makes an unreasonable request, that has happened under the present regime and why do the Democratic because until it is disclosed that the Governor of New York was candidates object to virtually everything? It seems to me that common in any way in"Volved in this oil scandal, was in any way a sense must tell the average voter that all that is political is not perfect, recipient of any of these Continental Trading Co. bonds, the nor is it all imperfect. Can you explain the reasons for this phenome Liberty bonds, the bonds which they held, it is not witll.in our non or do they lie in the realm of metaphysics? province to make any inquiry. FAITHFUL READER. Mr. ROBINSON of Indiana. It may not be within the prov HARTFORD, March 8, 1928. ince of the committee to make an inquiry of that kind, but it seems to me that for the infor~ation of the country, as long as it has gone so far, the committee ought to go into every question We might explain this phenomenon after a fashion, but in all honesty connected with these bonds and with any contributions made by we question whether we could explain it to your satisfaction, "Faithful this man, who is now so much in the limelight. Reader," or to our own. Certainly we could never explain it as well as it was explained this long time ago by Mr. Dooley: Mr. NYE and ~ir. REED of Missouri addressed the Chair. The PRESIDEl\TT pro tempore. Does the Senator yield; and "Years ago, Hinnissy, manny years ago, they was a race between if so, to whom? th' Dimmycrats an' th' Raypnblicans f'r to see which shud have a choice Mr. ROBINSON of Indiana. I do not yield at just this iv principles. Th' Dimmycrats lost. I dinnaw why. 1\Iebby they moment. That in connection with that inquiry, a lot of things stopped to take a dhrink. Annyhow, they lost. Th' Raypublicans come will be brought to light that will show that over on the Demo up an' they choose th' 'we commind ' principles, an' they was nawthin' cratic side, perhaps, there are tP.ose now possibly lurking in left f'r the Dimmycrats but th' 'we denounce an' deplores.' I dinnaw· the dark who may know as much about these Continental bonds how it come about, but th' Dimmycrats didn't like th' way th' thing aE! anybody who as thus far testified. shtud, an' so they fixed it up between them that which iver won at Mr. WALSH of Montana. Mr. President, before the Senator th' iliction shud commind an' congratulate, an' thim that lost shud takes his seat, I desire to say that I conceive the question denounce an' deplore. An' so it's been, on'y the Dimmycrats has had S() of contributions to State campaigns by Mr. Sinclair would be little chanct f'r to do annything but denounce an· deplore that they've quite irrelevant, as the chairman has suggested, to the matter almost lost th' use if th' other wurru?sed, agaill the votes political favors in advance. ·who does not remember that Matt of the stand-pa~ element on the o_ther side of the Chamber Quay boldly said that be proposed to fry the fat out of the we-re nearly all ~n. favor of the seating of VARE and of ~MITH. protected industries? That is, to take some part of the money I . reca1l a filibuster upon . the flo.or of the Senate m the the protected industries had made by and through the opera- closillg days of the last sessiOn which was ~ndu~ted_ for no tion of a law indorsed by the Republican Party and put upon other P!Irpose o~ earth than to abort that mv~stigatron and the books by it compel them to yield a part of their profits and render It meffectlve.. I recall also the fact tl?-at It _wa~ boasted put it into a campaign fund in order to perpetuate in power the th_en t_hat the com~Ittee was dead and _the mvesUg_atwn .de~d party that continued to perpetuate the legalized plundering of WI!b It, and that m order .to accomplish that obJect d~s~m the people by virtue of that law and the combinations made gmshed men on the other side of the Chamber were wtllmg back of it. to hold up a great appropriation bill and other necessary legis- Which one of us has forgotten that Mr. Dudley, the secretary lation .. I have liste_ned for a voice of condemnati~n from ~be of the Republican National Committee, sent into the State of other s1de ?f the arsle .and I have hear_d such voices C?mmg Indiana letters saying to vote the floaters in blocks of five and from the lips of the . mslirgent J;lepublicans, and I tbmk I to be sure that they voted right before the money was paid? ought to make one or _two ex_cephons of what are called tl?-e 'Vhicb of us has forgotten that these same protected indus- standp~tters. But the Inner ctrcle have stood the!~ always ill tries were levied upon by Mr. :;.\lark- Hanna and that a fund was ?PPOSrhon when there was any chance for opposition, always raised so large that they could net expend it? Vast sums were In defense when there was any chance for defense, and w).len sent into various parts of the counh·y that were achiaJ.ly there was none they have ~a~ the appea~·a_nce ~f the relatives returned, the money having fallen into the hands of honest meu of the . accused at t!Ie bar, s1tting there givmg aid and comfort who did not put it in their pockets. by their symapthehc presence. Who is there to deny that part of it was used to buy certai.n But through this all there are two great facts that stand colored delegates from the South in order to have their votes to out. One is that the Teapot Dome would have been trans write a platform satisfactory to the bosses of the party? ferred, the California oil lands would have been transferred Where was the moral uprising when the committee entered and the transfers would have stood, Doheny would have been upon a scheme eight years ago to raise some $13,000,000 to $17- holding the oil lands of California !llld Sinclair would have 000,000 for a campaign fund-a scheine that was largely brok~~ been holding the oil lands known as the Teapot Dome, Fall up by the investigation of the Kenyon committee? would still have been in the Cabinet, Denby would still have Where is the moral uprising that has occurred up to this been at his post, the stocks of those companies which were date, when the Secretary of the Treasury has declared and organized to cover the profits and the corruption would have was quoted in the papers, and I have never heard it cl~nied been mounting higher and great fortunes would ha,ve been that money raised in Pennsylvania was as honestly raised and made, the conduct of the national committee would have stood· as fairly expended as money raised for a church? unchallenged-all of this would have been if ir bad not hap- Where is the moral uprising in the Cabinet and in the White pened that the so-called insurgent Republicans joining with House against the action of the Secretary of the Treasury who, the Democrats exposed and laid bare this frightful and intoler while in the Cabinet, went to Pennsylv~nia and actively ~rgan- able condition. ized and brought together the crowd that raised the $2,000,000, The other fact is that through it all no voice of protest has he and his brother and his nephew contributing $75,000 to the been raised by any member of the Cabinet, no word of en fund and supervising and managing the crowd that gathered couragement has been spoken, no indignant de,mand has bee-n the $2,000,000 and more to renominate a candidate for the made for jusUce; and the Pt~esident has been as silent, as com United States Senate? One blushlngly and winkingly gazes at pl~cent, and apparently as- sa,tisfied as tb,ough nothing was the spectacle of men and women standing in line for seven long wrong. The one solitary thing be did was to suggest the ap days, from 35,000 to 50,000 of them in one city, to receive the pointment of two civil attorneys to recover the oil lands. That $10 per head that they got for their work upon election day. _ suggestion ge concurred in, although I am not SU!e be made it. 4984 CONGRESSIONAL RECORD-SENATE ~fARCH 19 Mr. LA FOLLETTE. Mr. President, that was dQne by a reso Mr. BORAH. :Mr. Presid~nt~ lution adopted by the Seuate. The PRESIDENT pro tempore. Does the Senator from :Mis Mr. REED of 1\Iissouri. Very well; however, he (lid make souri yield to the Senator from Idaho? the appointments. He went that far. I thank the Senator Mr. REED of Missouri. I yield. fro~ TVisconsin. Mr. BORAH. I should like to ask the Senator from Mal'Y l\lr. LA FOLLETTE. The President complied with the res said, mo t ungratefully, of course, " Yes; his conscience pricked THE C.ALE~D.AR him enough to pay back the principal, but not enough to pay the interest." So it eems to me that if restitution of the Sin Me. CURTIS. I a k unanimous consent that when the clair money is to be made, and due credit is to be given to the Senate concludes its business to-day it adjourn to meet at 12 Republican Party for it, interest ought to be paid as well as o'clock to-morrow, and that at the conclu. ion of the routine the principal. morning business the Senate shall proceed to the considera If the Senator from 1\lissomi will pardon me for just one tion of unobjecte<.l bills on the calendar under Rule VIII, moment more, let me say that. while I am treating this matter beginning with No. 355, where we left off on the former day jocularly; I wish it to be under tood that no Member of this when the calendar was conl:;idel'ed, and continue such consid body i more sen ~ ible than I am to the noble impul e which llas eration until 2 o'clock. led the Senator from Idaho [:llr. BoRAH) to make the sugges The PRESIDENT pro tempore. Is there objection? The tion of restitution that be has made. Of course, that sugges Chair bears none, and it is so ordered. tion is in accord with the generous, magnanimous character PROPOSED PAN .AMERICAN HIGHWAY with which we are all so familiar. If all the members of both parties were like the Senator ft·om Idaho there would be no ?>.Jr. SMITH. Mr. President, I as1' unanimons consent to have printed in the RECORD a letter on the proposed Pan American political scandal, there would. be no official corruption, the~·e would be no tainted funds to restore. highway. 1928 CONGRESSIONAL RECORD-SENATE 4985
The PRESIDE~nr pro tempore. Without objection, it is so NOMINATIONS ordered. Executive n.omi-nat·ions 1·eceived by tile Senate March 19, 1928 The letter referred to is here printed, as follows: PUBLIC liEALTH SERVICE - Bon. E. D. SMITH, Dr. Ralph Gregg to be assistant surgeon in the Public Health Betiate, Washington, D. a. Service, to take effect from date of oath. DEAR Srn : In reference to the proposed Pan American highway proj· Doctor Gregg has passed the examination required by law ect now up in the House, by Mr. McLEoD, I beg to be allowed to take and the regulations of the service. this opportunity to present my views on ·the subject. The route through Mexico and Central America is an engineer's APPOIKTMENTS IN THE REGULAR ARMY problem solely, but after South America is entered the route shou1d be CHAPLAINS ·deeply stud~ed. I would suggest that it proceed from the Panama To be cha1Jlain with the 1·ank ot first lieutenant frontier to San Pablo in Venezuela, thence straight to Trinidad ; thence Fh'st Lieut. Joseph Richard Koch, Chaplains' Reserve, of on a southerly course through Colombia, Peru, and Brazil to Trinidad, Colorado, with rank from March 10, 1928. in Argentina ; thence to Siln Francisco and on to Asuncion. From thence, following the contour of the Plate Riva·, standing well out from it, to APPOINTME..~TS, BY TRANSFER, IN THE REGULAR ARMY Buenos Aires, and that is quite far enough down for the present. FIELD ARTILLERY From Asuncion to Rio de Janeiro, 900 miles, the local people would Fil'st Lieut. ·l\Iark Histand Doty, Infantry, with rank from no doubt soon bestir themselvea and build a connecting link. July 1, 1920. This course down from Panama would cover approximately 4,0 INFANTRY miles, divided as follows: Colombia, 800; Venezuela, 300; Peru, 400; Lieut. Col. Edward Himmelwright Tarbutton, Quartermaster Brazil, 450 ; Bolivia, 900 ; and Argentina, 1,200. Corps, with rank from September 14, 1927. This route would cross the headwaters 'Of all of those terrible South American rivers, which are S'O h:umless ·during the dry season but are PRoMOTIONS I~ THE REGl.."LAR ARMY raging seas during the rainy season. rising -50 .feet and covel'ing vast To be colonel regions of forest. Lieut. Col. Edwin Simp. on Hartshorn, Infantry, from March This route would also escape the west coast mountains, thus making 10, 1928. the road more suitable to be traveled by Americans who are unfamiliar ~Po be lieL~tfenant colonels with mountain roads. Thls route would be located in the highlands of Maj. William Bryden, Field Artillery, from 1\farcb 10, 1928. the . Andes Mountains, where the course is level and the climate is Maj. Donald Cowan McDonald, Field Artillery, from March salubrious, never rising above 70°. 11, 1928. The traveler along this proposed route would escape the dust and hot, To be rna.jors dry winds of the rairiless west coast regions, also the swampy and sickly section of Brazil and its myriad river systeiD., which will ever be Capt. ·walter Eyster Buchly, Cavalry, from March 10, 19~8. impossible for road and .bridge building. Capt. Hm·old Chittenden Mandell, Cavalry, from Mah:h 11, 1928. So it will neYer be desirable to fo~ter side roads from the main high way toward tlie east coast, as the rainy season prevails from March to To be captai-n-s ·September, and for the sake of health none should ever mix in with First Lieut. Robb Steere :MacKie, Infantry, from March 9, 'this feroCious phenomena. 1928. If the mountains could be negotiated, roads might eventually be Fh·st Lieut. Boniface Campbell, l!1eld Artillery, from ~!arch built across to the west coast, as the main highway's course is parallel 10, 1928. with the west coast as low down as Santiago, Chile, and at an average First Lieut. Lloyd l\larlowe Hanna, Ifield Artillery, from distance of no more than 500 miles, but such side roads would cost out March 11, 1928. of all proportion to their importance. First Lieut. James Willard Walters, 01·dnance Department, The distance from Panama's border to Buenos Aires along this route from March 14, 1928. woulll be around 4,000 miles and would follow the sun more nearly To be first lieu,tena.nts- than any other land route on earth. Second Lieut. Eugene Ware Ridings, Infantry, from Ma1·eh 9, The mo t heavenly weather preYails continuously from September to 1928. March of each year along the whole route from Panama to Argentina. · Second Lieut. Charles Woodford Cowles, Field Artillery, from Of course, it is universally known that down in Argentina they use our l\ia1·ch 10, 1928. wintertime to have their summer, during which the inhabitants enter Second Lieut. Kenneth Eugene Webber, Coast Artillery C01·ps, tain themselves by growing crops and grass. This route w ll1 go through from l\Iat·ch 11, 1928. ihe interior and is much more preferable, I think, than a west coast Second Lieut. Alexander Davidson Reid, Infantry, from route. 1\farch 14, 1928. If the building of roads is for encouragement and benefit, by all means establish- them where they are most needed, and that is in the PROMOTIONS IN THE NAVY interior, for the west coast is now handsomely and adequately served MARINE CORPS by their fine and capable shipping. Lieut. CoL Robert Y. Rhea to be a colonel in the l\larine W. A. JAMESJ BisllopviUeJ S. a. Corps from the 12th day of March, 1928. CONFIRMATION OF JUDGE BASCOM S. DEAlER l\Iaj. Joseph A. Rossell to be a lieutenant colonel in the l\Iarine Corps from the 12th day of March, 1928. Mr. STEPHENS. 1\Ir. Pre~ident, as in open executive session Capt. Alphonse DeCarre to be a majo1· in the Marine Corps I · ask leave to report from the Committee on the Judiciary, from the 12th day of March, 1928. favorably, the nomination of Bascom S. Deaver to be disq-ict First Lieut. Jolm C. ·wemple to be a captain in the l\larine judge for the middle district of Georgia. Col'ps from the 2d {lay of March, 1928. The PRESIDENT pro tempore. Is there objection? The First Lieut. Curtis W. LeGette to be a captain in the l\Iarine Chair hears none, and the report will be received and placed on Corps from the 9th day of March, 1928. the Executive Calendar. First Lieut. Joseph H. Fellows to be a captain in the Marine :Mr. GEORGE. Mt·. President, as in open executive session Corps from the 12th day of March, 1928. - I move the confirmation of the nominee and notification of the Second Lieut. James G. Hopper to be a first lieutenant -in the Pl.·esident. liarine Co1·ps from the 5th day of July, 1926. The motion was agreed to. Second Lieut. William R. Hughes to be a first lieutenant in The PRESIDENT pro tempore. The President will be noti the l\lal'ine Corps from the 2d day of February, 1928. fied. Second Lieut. Lawrence R. Kline to be a first lieutenant in the PRESIDENTIAL MESSAGES Marine Corps from the 8th day of February, 1928. Mr. CURTIS. As in open executive se(Ssion, I move that the Second Lieut. John G. Walraven to be a first lieutenant in the messages of the President receir-ed to-day be referred to the Marine Corps from the 2d to; and (at 5 o'clock and 38 minutes Marine Gtmner Henry Boschen to be a chief marine gunner in p. m.) the Senate adjourned until to-morrow, Tuesday, March the Marine Corps, to rank with but after second lieutenant, from 20, 1928, at 12 o'clock me1·iMarine Gunner Robert C. Allen to be a chief marine gunner IOWA in the Marine Corps, to rank with but after second lieutenant, Charles 0. McLean to be postmaster at Ankeny, Iowa, in from the 1st day of December, 1927. place of C.- 0 : McLean . .. Incumbent's commission expires March POSTMASTERS 22, 1928. .ALABAll.L\. -Grace F. Newton to be postmaster at Dickens, Iowa, in place . John M. Stallworth to be postmaster at Beatrice, Ala., in of G. F. Newton. Incumbent's commission expires March 22, 1928. place of J. l\I. Stallworth. Incumbent's commission expires Edward A. Hansen to be postmaster at Holstein, Iowa, in l\Iarch 21, 1928. place of E. A. Hansen. Incumbent's commission expires March Georo-e F. Schad to be postmaster at Brewton, Ala., in place 22, 1028. - of G. F. Schad. Incumbent's commission expires March 21, Marinus Jansma to be postmaster at Hospers, Iowa, in place 1928. of Marinus Jansma. Incumbent's commission expires l\Iarch John T. Mizell to be po~tmaster at Clio, Ala., in place of 22, 1928. J. T. Mizell. Incumbent's commission expires March 21, 1928. Fred R. Foster to be postmaster a.t Humeston, Iowa, in place James F. Baker to be postmaster at Columbiana, Ala., in of F. R. Foster. Incumbent's commission expires March 22, place of J. F. Baker. Incumbent's commission expires l\Iarch 1928. 21. 1928. Ray C. Edmonds to be postmaster at Le Mars, Iowa, in place Anuie K. Fazenbaker to be Ilostmaster at Fulton, Ala., in of R. C. Edmonds. Incumbent's commission expires March 22, place of A. K. Fazenbaker. Incumbent's commission expires 928. March 21, 1928. John E. Klutts to be postmaster at Mondamin, Iowa. in place Blevens S. Perdue to be postmaster at Greenville, Ala., in of J. E. Klutts. Incumbent's commission expires March 22, place of B. S. Perdue. IncU!llbent's commission expires March 1928. 21, 1928. Leon R. Valentine to be postmaster at Murray, Iowa, in place Robert 0. Atkins to be postmaster at Heflin, Ala., in place of of L. R. Valentine. Incumbent's position expires March 22, R. 0. Atkins. Incumbent's commission expires March 21, 1928. 1928. . Grover C. Warrick to be postmaster at Millry, Ala., in place Perry B. Wilson to be postmaster at Shannon City, Iowa, in of G. C. Warrick. Incumbent's commission expires March 21, place of P. B. ·wilson. Incumbent's commission expires March 1028. 22, 1928. Samuel B. Wininger to be postmaster at Pisgah, Ala., in Wayne C. Solleder to be postmaster at Thurman, Iowa, in place of S. B. Wininger. Incumbent's commission expires place of W. C. Sblleder. Incumbent's commission expires March 1\larch 21, 1928. 22, 1928. Albert H. Quinn to be postmaster at Quinton, Ala., in place Ora L. Garton to be postmaster at Weldon, Iowa, in place of of A. H. Quinn. Incumbent's commission expires March 21, 0. L. Garton. Incumbent's commission expires March 22, 1928. 1928. William A. Armistead to be postmaster at Searles, Ala., in KA... ~SAS plnce of W. A. Armistead. Incumbent's commission expires Ethel White to be postmaster at Merriam, Kans., in place of March 21, 1928. Ethel White. Incumbent's commission expired March 13, 1928. Clyde Oldshue to be po tmaster at Sulligent, Ala., in place of James M. Lear to be postmaster at Mound Valley, Kans., in Clyde- Oldshue. Incumbent's commission expires March 21, place of J. M. Lear. Incumbent's commission expires March 22, 1928. 1928. Lucious E. O_sborn to be postmaster at Yina, Ala., in place of MAINE L. E. Osborn. Incumbent's commission expires March 21, 1928. Bernard V. Thompson to be postmaster at Enston, Me., in ARKANSAS place of B. V. Thompson. Incumbent's' commission expires Mary E. Cutts to be postmaster at Washington, Ark. in place March 21, 1928. of Rosa Wallace. Incumbent's commission expired December Harold C. Gates to be postmaster at Millinocket, Me., in place 19, 1927. of H. C. Gates. Incu~bent's commission expires March 21, CALIFORNIA 1928. Frances L. Musgrove to be {)()Stmaster at Arbuckle, Calif., in MICHIGAN place of F. L. Musgrove. Incumbent's commission expired William E. Smith to be postmaster at Mohawk, Mich., iu June 5, 1926. place of H . G. Smith, resigned. Wilford J. Scilacci to be postmaster at Point Reyes Station, Chri tina B. Grozinger to be postmaster at Woodland, Mich., Calif., in place of W. J. Scilacel. Incumbent's commission ex in place of C. F. Grozluger, deceased. pired January 9, 1928. MINNESOTA COLORADO Edwin J. Feistel to be postmaster at Fort Lyon, Colo., in Lucien 1\1. Helm to be postmaster at Tower, Minn., in place place of w. 0. Reynolds. Incumbe-nt' commission expired of L. M.. Helm. Incumbent's commission expires l\Iarch 21, 1\Iarch 3, 1927. 1928. CONXECTICUT MISSISSIPPI Clarence B. Emery to be postmaster; at Terryville, Conn., in su'~an R. T. Perry to be postmaster at Tchula, Miss .. in place place of C. B. Emery. Incumbent's commission expires March of S. R. T. Perry. Incumbent's commission expires 1\larch 22, 21, 1928. 1928. DELAWARE MISSOURI William R. Risler to be postmaster at Lincoln, Del., in place John A. Varney to be postmaster at Pa1·is, l\Io., in place of of W. R. Risler. Incumbent's commission expires l\Iarch 22, B. G. Flanders. Incumbent's commission expired January 14, 1928. 1928. ILLIXOIS MO~TANA John W. Nelson to be postmaster at Donovan, Ill., in place of George I. Watters to be postmaster at Victor, Mont., in place J. W. Nelson. Incumbent's commission exPires March 19, 1928. of G. I. Watters. Incumbent's commission expires March 21, Thomas J. Perks to be postma&ter at Mound City, Ill., in place 1928. ofT. J. Perks. Incumbent's commission expires March 19, 1928. NEBRASKA Fred A. Meskimen to be postmaster at Robinson, Ill., in place of F. A. Meskimen. Incumbent's commission eC~..rpired February Myron A. Gordon to be postmaster at Stratton, Nebr.. ln place 19, 1928. of 1\f. A. Gordon. Incumbent's commission expires l\larch 21, Joseph R. Atkinson to be postmaster at Sidell, Ill., in place of 192& . J. R. Atkinson. Incumbent's commission expired January 7, NEW JERSEY 1928. Fred F. Dennis to be postmaster at Fair Haven, N. J., in Yern L. Shinneman to be postmaster at Weldon, Ill., in place place of F. F. Dennis. Incumbent's commission expires March of C. M. Smith, removed. 22, 1928. I"'DIANA Jacob D. Roe to be postmaster at Newton, N. J., in place of Frank R. McCullough to be postma-ter at Westport, Ind., J. D. Roe. Incumbent's commission expired February 19, 1928. in place of F. R. McCullough. Incumbent's commission expired Mabel E. Tomlin to be postmaster at Sewell, N. J., in place of January 3, 1928. M. E. Tomlin. Incumbent's commission expires March 22, 1928. James J. Patchell to be- postmaste-r at Union City,· Ind., in James H. Masker to be postmaster at ·somerville, N. J., in place of E. E. Harding, decea_ed. place of A. A. Reger, deceased. 1928 CONGRESSIONAL R.ECORD-SENATE . 4987,
NEW MEXICO SOUTH DAKOTA Aurelia :M. Gutierrez to be postmaster at Old Albuquerque, Frank B. Sherwood to be postmaster at Cottonwood, S. Dak., N. Mex., in place o-f :li. L. Albers. Incumbent's commission ex in place of F. B. Sherwood. Incumbent's commission expired pired December 21, 1925. December 18, 1927. Helen B.· Hickman to be postmaster at Hurley, N. 1\Iex., in Clyde J. Bowell to be postmaste~ at Edgemont, S. Dak., in place of W. W. Dedman, deceased. place of C. J. Bowell. Incumbent's commission expired Decem NEW YORK ber 18, 1927. Will J. Davy to be postmaster at Bergen, N. Y., in place of Elmer R. Hill to be postmaster at Newell, S. Dak., in place of w. J. Davy. Incumbent's commission expires March 22, 1928. E. R. Hill. Incumbent's commission expired February 1, 1928. Stephen El. Terwilliger to be postmaster at Candor, N. Y., in Robert G. Andis to be postmaster at Presho, S. Dak., in place place of S. E. Terwilliger. Incumbent's commission expires of R. G. Andis. Incumbent's commission expired December 18, 1\-Iarch 22, 1928. 1927. Henry E. Thompson to be postmaster at Chateaugay, N. Y., in Fred J. Seals to be postmaster at Spearfish, S. Da.k., in place place of H. E. Thompson. Incumbent's commission expires of F. J. Seals. Incumbent's commission expi!-ed December 18, 1\:larch 22, 1928. · 1927. Frank A. Haugh to be po tmaster at Clyde, N. Y., in place Edward J. Groat to be postmaster at Thunder Hawk, S. Dak., of F. A. Haugh. Incumbent's ·mmruission expires March 22, in place of E. J. Groat. Incumbent's commission expired De 1928. cember 18, 1927. Sidney B. 4lloyes to be postmaster at Earlville, N. Y., in place TENNESSEE of S. B. Cloyes. Incumbent's commission expires March 22, Joe Sims. to be postmaster at Lawrenceburg, Tenn., in place 1928. of Joe Sims. Incumbent's commission expired March 18, 1928. J. Fred Smith to be postmaster at Herkimer, N. Y., in place Onnie M. Hartsell to be postmaster at Limestone, Tenn., iu of N. P. Small. Incumbent's commission eA!)ired January g, place of 0. M. Hartsell. Incumbent's commission expiretl 1928. March 17, 1928. Julia J. Tyler to be postmaster at Kennedy, N. Y., in place Everett M. Greer to be postmaster at Newport, Tenn., il!.place ' of J. ·J. Tyler. Incumbent's commission expires March 22, 1928. of E. M. Greer. Incumbent's commission expired March 17, Earle U. McCarthy to be postmaster at Mineola, N. Y., in 1928. place of E. U. McCarthy. Incumbent's commission expires Wilbur Walker to be postmaster at Tiptonville, Tenn., in March 22, 1928. place of Wilbur Walker. Incumbent's commission expired De Frank Dobbin to be postmaster at Shushan, N. Y., in place cember 19, 1927. of Frank Dobbin. Incumbent's commission expires March 22, TEXAS 1928. :Maggie P. Rhew to be po~tmaster at Anderson, Tex., in place Edith Phelps to be postmaster at Brownville, N. Y., in place of M. P. Rhew. Incumbent's commission expired February 11, .of F. G. Seeber, resigned. 1928. Erastus J. Wilkins to be postmaster at Norwoo-d, N. Y., in Chessell Gra to be postmaster at Brookshire, Tex., in place of . ~lace of A. R. Collins, removed. Chessell Gra. Incumbent's commission expired March 17, 1928. NORTH CAROLINA William ll.,. Hofmann to be postmaster at Carrollton, Tex., B. Ray Cohoon to be postmaster at Columbia, N. C., in place in place of W. F. Hofmann. Incumbent's commission expired of B. R. Cohoon. Incumbent's commission expires March 19, February 11, 1928. 1928. Cornelius A. Ogden to be postmaster at Deweyville, Tex., in Joseph B. Harrell to be postmaster at Marshville, N. C., in place of C. · A. Ogden. Incumbent's commission expired January place of J. B. HarreJ:I. Incumbent's commission expires March 24. 1928. 19, 1928. Corban J. Lewis to be postmaster u_t Eddy, Tex., in place· of James E. Wallace to be postmaste~· at Stanley, N. c:, in place C. J. Lewis. Incumbent's commission expiJ.·ed February 11, ,of J, ;E. Wallace. Incumbent's commission expires March 19, 1928. 1928. James S. Carter to be postmaster at Grand Saline, Tex., in NORTH DAKOTA place of W. E. Shields, resigned. Reuben P. Semrau to be postmaster at Balfour, N. Dak., in John V. Lnckey to be postmaster at Hico, Tex., in place of place of R. P. Semrau. Incumbent's commission expired Decem A. L. Jackson, resigned. ber 19, 1927. Wright T. Pridgen to be postmaster at Grapeland, Tex., in OHIO place of W. T. Pridgen. Incumbent's commission expires March Elizabeth A. Krizer to be postmaster at Bremen, Ohio, in 19, 1928. place of E. A. Krizer. Incumbent's commission expired March Ira S. Koon to be postmaster at Hallsville, Tex., in place of 1, 19'>-8. I. S. Koon. Incumbent's commission expired March 17, 1928. · Marion E. Campbell to be postmaste1· at Sardinia, Ohio, in Effie H. Briscoe to be postmaster at Hebbronville, Tex., in place of M. E. Campbell. Incumbent's commission expires place of E. H. Briscoe. Incumbent's commission expired Janu 1\Iarch · 21, 1928. ary 24, 1928. Asher 0. Earley to be postmaster at Woodsfield, Ohio, in place Eva M. Reed to be postmaster at Hempstead; Tex., in place of A. 0. Earley. Incumbent's commission expires April 7, 1928. of E. M. Reed. Incumbent's commission e:xpir€:d January 16, 1928. OKLAHOMA Lilburn C. Graham to be postmaster at Lancaster, Tex., in James W. McKay to be postmaster at Stonewall, Okla., in place of L. C. Graham. Incumbent's commission expired place of J. W. McKay. Incumbent's commission expires 1\Iarch March 17, 1928. 22, 1928. Nora C. Brite to be postmaster at Pleasanton, Tex., in place ORroON of N. C. Brite. Incumbent's commission expired March 17, William R. Logus to be postmaster at Oregon City, Oreg., in 1928. place of W. R. Logus. Incumbent's commission expires March Henry E. Cannon to be postmaster at Shelbyvill~, Tex., in 19, 1928. place of H. E. Cannon. Incumbent's commission expired Janu George W. Trommlitz to be postmaster at Toledo, Oreg., in ary 24, 1928. place of G. W. Trommlitz. Incumbent's commission expired VERMONT . March 7, 1928. James S. Brownell to be postmaster at Woodstock, Vt., in PENNSYLVANIA place of J. S. Brownell. Incumbent's commission expires March T. Vance Miller to be postmaster at Downingtown, Pa., in 22, 1928. place of W. R. Colfiesh. Incumbent's commissio:r;t expired Jan- VIRGINIA uary 8, 1928. . . . Ludema Sayre to be postmaster at Fairfax, Va., in place of John N. Snyder to be postmaster at Williamstown, Pa., in Ludema Sayre. Incumbent's commission expired February 8, place of J. N. Snyder. Incumbent's commission expired March 18, 1928. 1928. . Arthur Bensley to be postmaster at Dingmans Ferry, Pa., iD WEST VIRGINIA place of J. A. Magoun, deceased. . .James 0. Buskirk to be postmaster at Holden, W. Va., in Alameda S. Keesy to be postmaster at Sehenley; Pa. Office place of J. 0. Buskirk. Incumbent's commission expires Marc~ became presidential July 1, 1927. 22, 1928. 4988 CONGRESSIONAL R,ECORD-HOUSE l\f.ARCH 19 Guy E. McCutcheon to be postmaster at Reedy, W. Va., in give his attention to his private business. · He has consequently place- of G. E. :McCutcheon. Incumbent's commission expired sent in his re·signation and his place will be filled by his very l\Ia1·ch 1, 1928. efficient assistant, E. H. McDermott. WISCONSIN 1\lr. LINTHICUM. "Till the gentleman yield? Charles R. Swan ·on to ~e postmaster at Suamico, 'Wis. Office Mr. GREEN of Iowa. Yes. became presidential July 1, 1927. l\Ir. LI~THICU:M. I s the committee as active in its work as it has been? I understand that it has laid off quite a number of men, particularly in the engineer staff. CONFIRl\tlATIO~ l\lr. GREEN of Iowa. The joint committee is not carrying ..... 5:a:ecutive nomination confirmed by the Senate Ma't'cn 19, 1928 on as many lines of work as it did when the revenue bill was UNITED STATES DISTRICT JUDGE before the Ways and Means Committee, and some of the men Bascom S. Deaver to be United States district judge, middle have been dropped from the rolls, not only engineers but other , district of Georgia. the thought being that the1·e would not be as much work done during the summer and we ought not to carry as large a force WITHDRAWAL on the pay roll as we had. E.recutive nomination 1.t.:i thd1·a1m~ from the Senate Mat·ch 19, Mr. LINTIDCUM. But you intend to keep up the acth·ities, 19.?8 or your successor 'will? Mr. GREEN of Iowa. Certainly; this report will show that TRANSFER IN THE RIOOULAR ARMY important work is planned, and this is only the report· of one INFANTRY division. Lieut. Col. Leo Asa Dewey, Adjutant General's Department, :Mr. BLANTON. . Will the gentleman yield.? - for transfer to the Infanh·y branch, which was submitted to Mr. GREEN of Iowa. Yes. the Senate March 2, 1928. Mr. BLANTON. The gentleman's committee generously and [NOTE.-Lieutenant Colonel Dewey does not desire this patriotically met several weeks before Congress and prepared a transfer.] tax bill and passed it immediately. How much longer is the tax bill going to be held up without action? 1.\Ir. GREEN of Iowa. I regret to say that I can not give the HOUSE OF REPRESENTATIVES gentleman any information. MoNDAY, Mr. BLANTON. It is an administrative holdup, is it not? March 19, 19~8 Mr. GREEN of Iowa. I do not know what is holding up the The House met at 12 o'clock noon. bill. The Chaplain, Rev. James Shera Montgomery, D. D., offered 1\Ir. BLANTON. Can the gentleman give us any idea when the following prayer : we are going to get the benefit of this tax bill, which removef both divisions of the joint committee up to that ·time. In sent to address the House for three minutes. the first volume there is a comprehensive survey of the problems of The SPEAKER. Is there objection? simplification; a statement of the work necessary to be done in thnt There was no objection. connection; an estimate of the possibilities of effective simplification, Mr. GREEN of Iowa. Mr. Speaker, I take this occasion to and specific proposals for simplification and improvement of about 12 call the attention of the Hou~e to a very brief report which has major provisions of existing law. In addition, there is a proposal for been made by the division of simplification of the joint com the entire rearrangement of the form of the revenue act; and the mittee of the House and Senate on taxation which I intend to act, as thus rearranged, is printed in full as Volume II of the report. ask shall be printed in the RECORD for the information of 1.'he legislative counsel and the special assistant to the Secretary Members. of the Treasury contributed much toward the form and the substance There has been considerable inquiry as to what the joint com of this rearrangeiD(>nt. · mittee on taxation was doing and there was printed in the The third volume is a comprehensive survey of the administration of REcoRD last week, inserted by Senator SMoOT, a brief report of the income and profits taxes, submitted to the committee by the Treas- the division of investigation. This report has been presented ury Department. · to the joint committee by the chief of the bureau of simpli A majority of the suggestions for revision of particular pt·ovisions fication, Charles B. Hamel. Mr. Hamel, as Members will re were adopted in framing the pending revenue bill, as was also the member, was the first chairman of the Board of Tax Appeals, a suggested rearrangement of the form of the act and a number of position from which he resigned and engaged in private prac suggested typographical improvements. tice. About a year ago he accepted. the position of chief of Both divisions of the committee endeavored to be of assistance to the the division of simplification of the joint tax committee, where Committee on . Ways and Means during its consideration of the pendiag his services have been yery satisfactory, but he now ,desires to bill.
