I 1946 CONGRESSIONAL RECORD-SENATE 2033 356, Old House Office Building, on the the ctnsideration of the bill

D. C., favoring an increase in the appropria­ States in-the Flood Control Act of 1944 is of supply inclutli~g home-canning sugar, which tion of Federal funds to the general fund vital concern to the millions of citizens of is allocated to us quarterly for this purpose of the District of Columbia; to the Commit• this area; and ·by the Department of Agriculture. The allo­ tee on· Appropriations. Whereas the immediate inauguration of cation for the· first quarter of 1946 was not A resolution adopted by 350 citizens at a this plan by the Federal agencies concerned considered sufficient to permit an increase in town meeting assembled in New Canaan, is of primary i:r:_nportance to the prevenj;ion· consumer allotments. It does, however, take Conn., relating to labor management prob­ of disastrous floods, loss of life, destruction into consideration the amount which will be lems, equal protection for employer and em­ of property; to the irrigation of millions of available for the initiation of our · home­ ployee, and the elimination of certain abuses acres of land in arid and semiarid sections; canning program which was announced on as a result of strikes; to the Committee on the development of navigation and hydro­ March 5. Stamp No. 9 in consumer ration Education and Labor. electric power; soil conservation and other books has been validated as of March 11 for A resolution adopted by the Board of Di­ allied purposes; and 5 pounds o:t: sugar for home-canning use. rectors of the Camden County (N.J.) Cham­ Whereas the Board of Directors-of the Kan­ Pending the announcement of the future ber of Commerce, protesting against the-con­ sas City (Kans.) Chamber of Commerce allocations it is not possible for· us to detei·­ struction or development of tlie St. Lawrence wholeheart-edly endorses- and is doing its ut­ mine at this time whether or riot an increase Seaway; to the Commit.tee on Foreign Rela­ most to foster. and promote this program: over the present consumer allowance can ·be tions. Therefore be it made, or to estimate just what additional By Mr. CAPPER: Resolved, That the Congress be urged to amount will be available for future allot­ A petition of sundry citizens of Wichita, make ·available adequate appropriations this ments of home-canni:p.g sugar. You may be Kans., praying for the enactment of legisla­ year for the efficient and prompt carrying assured, however, that sugar rations will be tion to continue the Office of Price Adminis­ out of projects ready for construction; and increased or the rationing of sugar suspended tration; to the Committee on Banking and be it further entirely just as soon as supply conditions will' Currency. . Resolved, That the Appropriations Com­ permit. A petition of sundry citizens of Duluth, mittee of the be re­ Thank you for bringing this matter to our Minn., praying -for the enactment of Senate quest-ed to include in the appropriations for attention. Mr. Lewis' letter and the enclo­ bill 599, to prohibit the advertising of · al_. the 1947 fiscal year, as recommended by 'the sures are returned ·for your files. coholic beverages in periodicals, newspapers, Bureau of the Budget and the Chief of Engi­ Sincerely yours, radio, motion pictures, or any other form of neers, the following items: PAUL A. PORTER, alcoholic advertising; to ~he Committee on 1. An . appropriation of $4,000,000 for the Administrator. Interstate Commerce. Cherry Creek-Reservoir at Denver, Colo. A resolution adopted by the Allen County 2. An appropriation of $2,000,000 for the COMPULSORY :MILITARY TRAINING­ Republican Club, Fort Wayne, Ind., favor­ Harlan County Reservoir in Nebraska. RESOLUTION OF BOARD OF TRUSTEES ing the enactment of legislation to prohibit 3. An appropriation of $4,000,000 for the . OF McPHE...~SON COLLEGE, McPHERSON, the drafting of men classified as IV-F and Garrison· Reservoir in North Dakota. KANS. boys 18 years of age before the expiration of 4. An appropriation of $3,000,000 for flood­ the draft act on May 15, 1946; to the Com­ . control works at Kansas City, Mo., and Kan­ Mr. REED. Mr. President, I ask unan­ mittee on Mil~tary Affairs. sas City, Kans. imous consent to present for appropriate WATER 1_1.ESOURCES OF -:THE MISSOURI RALPH PERRY, reference and to have printed in the President, _Kansas City (Kans.) .Cham­ RIVER BASIN RECORD a resolution adopted by the mem­ be,. of Commerce. bers of the board of trustees of McPher:: Mr. CAPPER. · ~r. President, I as.k Attest: son College, McPherson, Kans. unanimous consent to present for appro­ C. M. WOODARD, Executive Manager, Kansas City (Kans.) There being no objection, the resolu­ priate reference and printing in the REc­ tion was received, referred to the Com­ ORD a letter from the executive manager Chamber of Commerce. ALLOTMENT OF SUGAR FOR GENERAL mittee on Military Affairs, and ordered of the Chamber of Commerce of Kansas to be printed in the RECORD, as follows: City, Kans., together with a resolution of AND HOME-CANNING USE that chamber, in behalf of the develop­ Mr. CAPPER. ·Mr. President, I have McPHEP.SON COLLEGE, ment of the water resources of the Mis­ McPherson, Kans., February 18, 1946. received ·a lengthy petition from Richard The 23 members of the board of trustees souri River Basin. W. Lewis, of Home,. Kans. It was signed of McPher~on . College, representing the There being no objection, the letter and by some 250 other citizens of that section States of Arkansas, Colorado; Idaho, Iowa, resolution were received, referred to the of my State, including residents .of the Kansas, Louisiana, Minnesota; Missouri, ,. Committee on Appropriations and or­ towns of Marysville, Beattie, Barnes, Montana, Nebraska., , North Da­ dered to be printed in the RECORD, as fol­ summerfield, Frankfort, Bremen, and kota, Oklahoma, .Sol,lth pakota, and Texas, lows: Home, Kans. They stated that some of in regular session, February 17, 1946, passed by unanimous vote the following resolu-: CHAMBER OF COMMERCE, these consumers were entirely out of tions: . Kansas City, Kans., February 21, 1946. sugar and most of them had been unable The Honorable ARTHUR CAPPER, 1. We express ourselves without reserva­ to do much canning. I brought the ap­ tions, to be opposed to the proposition of United States Senator, · peal to the attention of Mr. Paul A. Por­ Washington, D. C. compulsory military training in the . time MY DEAR SENATOR: Herewith enclosed you ter, Administrator of the Office of Price of peace in the United States. Such train­ will note a resolution adopted by this cham­ Administration. ing, we believe, is opposed ·to the funda­ ber of commerce, which we will appreciate Under ·date. of March 7 Mr. Porter mental principles of democratic government yo1,1r most serious consideration and support. made reply and I ask unanimous con­ provided in the Constitution for free · peo­ Also, since writing you on February 11 with sent to have Mr. Porter's letter ~printed ple. Preparations for war do not prevent respect to the necessity of another half mil­ war, but do arouse fears and stimulate cmn­ in the REcoRD and that the letter and· petitive armaments, lion dollars for flood-control work -for the petition· be appropriately referred. Liberty Bend cut-off, we are advised, as of There being no objection, the letter 2. We favor the proposal of Representa­ yesterday, that it will require still another tive JosEPH MARTIN for the international half million dollars, making a _total of $1,000,- and petition were received, referred to abolition of conscription in peacetime. 000 above the original suggested appropria­ the Committee on Banking and .Cur­ 3. We petition Congress to declare war tion for flood-protection works at the two rency, and the letter from Mr. Porter officially at an end · as of September 2, 1945. Kansas Citys. Therefore, we will appreciate was ordered to be printed in the RECORD, Respectfully s.ubmitted. your efforts in recommending that the total as· follows: W. W. PETERS, amount of '$l,COO,OOO be added to the appro­ OFFICE OF PRICE ADMINISTRATION, Ex officio member of the priation for this project. Washington, D. C., March 7, 1.946. . Board of trustees. Thanking you very kindly, I am, The Honorable ARTHUR CAPPER, RESOLUTIONS OF ARIZONA CA'I"I'LE Sincerely yours; · United States Senate, C. M. WOODARD, Washington, D. C. GROWERS' ASSOCIATION Executive Manager.· DEAR. SENATOR CAPPER: This Will acknowl­ Mr. .MC:FARL~D. Mr. President, I edge your letter of February 18 with which ask unanimous consent to present for Be it resolved by the Board of Dire~tors of was enclosed a letter from your constituent, appropriate reference and printing in the Kansas City (Kans.) Chamber of Com­ Mr. Richard W. Lewis, of Home, Kans., and a the RECORD 10 resolutions adopted by the merce in meeting February 13, 1946, at the · petition signed by' residents ih that vicinity, Ari~ona Cattle 'Growers' Association at Chamber of Commerce, Kansas City, Kans ..: requesting an increase 1n the present allot­ Whereas the comprehensive plan for con­ ment of sugar for general and home-canning its forty-second annual convention, held trol and development of the water resources use. in Bisbee., Ariz., January 29 and 30, 1946. of the Missouri l;tiver Basin approved and This Agency, as you probably know, is re­ The PRESIDENT pro tempore. With­ authorized by the Congress o! the United sponsible !or the distribution of the civilian out objection, the resolutions will be re- 1946 CONGRESSIONAL RECORD-SENATE 2037 ceived, appropriately referred, and print­ To the Committee on Public Lands and forty-second annual convention he-ld in ed in the RECORD. Surveys: Bisbee, Ariz., January 29 and 30, 1946. "'Resolution 1 "Attest: To the Committee on Banking and Cur- "Mrs. J. M. KEITH, rency: " 'Whereas we feel that any modification of "Secretary.'' " 'Resolution 2 Forest Service or Taylor Act administration policy with respect to retaining present fees .. 'Resolution 9 " 'Resolution on subsidies and price ceilings and present grazing allotments would afford "'Whereas over 80 perc:mt of the land in "'Whereas the Arizona Cattle Growers' As­ only temporary relief to the livestock indus- Arizona is owned by the Federal Government; sociation has consistently opposed subsidies try; and · and and price ceilings for our industry; and "'Whereas we feel that permanent stability " 'Whereas this Federal ownership is being " 'Whereas we now find the lawful mar­ of our industry and the local economy and increased continuously in alarming propor­ keting of livestock largely controlled by sub­ proper conservation of the land can be at­ tions: Now, therefore, be it sidy and price-fixing programs, imposed as tained only if and when all Federal grazing " 'Resolved, That the Arizona Cattle Grow­ wartime measures: Now, therefore, be it lands have been passed to other than Fed­ ers' Association urge that no further land be "'Resolved, That we urge upon the Con­ eral ownership: Now, therefore, be it acquired by the Federal Government in the gress that at the time of the discontinuance " 'Resolved, That we urge Congress to use State of Arizona, without the specific con­ of beef-subsidy payments that all price ceil­ every effort to bring about the relinquish­ sent of the Arizona State Legislature.' . ings on beef and beef products be also elimi­ ment of title by the Federal Government to "I hereby certify that this is a true and nated.' the State in trust for eventual disposition correct copy of a resolution passed by the "I hereby certify that this is a true and of all Federal land principally valuable for Arizona Cattle Growers' Association in the correct copy of a resolution passed by the grazing, by a method which would specifically forty-second annual convention held in Bis­ Arizona Cattle Growers' Association in the safeguard the economy of the present users bee, Ariz., January 29 and 30, 1946. forty-second annual convention, held in and permittees.' Bisbee, Ariz., January 29 and 30, 1946. "Attest: "I hereby certify that this is a true and cor­ "Mrs. J. M. KEITH, "Attest: - "Secretary." "Mrs. J. M. KEITH, rect copy of a resolution passed by the Ari­ "Secretary." zona Cattle Growers' Association in the " 'Resolution 10 forty-second annual convention, held in Bis­ "•·whereas an agreement was reached on bee, Ariz., January 29 and 30, 1946. September 3, 1943, between the National Park To the Committee on Agriculture and For- · "Attest: estry: • · Service, the Bureau of Reclamation, the "Mrs. J. M. KEITH, " 'Resolution 3 United States.Fish and Wildlife Service, and "Secretw·y." the United States Grazing Service for the "'Resolved, That we endorse the policy of "'Resolution 5 administration of the Lake Mead recreational the American National Livestock Association "'Whereas the present policy of the Forest area; and and such action as its officers consider nec­ Service contemplates many cuts in permits; " 'Whereas the agreement met with the ap­ essary for the welfare and stability of our and proval of the Arizona Cattle Growers' Asso­ industry.• "I hereby" certify that this is a true and " 'Whereas we' consider many of these cuts ciation and the users of the area in open correct copy of a resolution passed by the unjustifiable: Now, therefore, be it meeting at Phoenix, Ariz., during the hear­ Arizona Cattle Growers' Association in the "'Resolved, That we urge the Secretary of ings of the Public Lands Committee of the forty-second annual convention, held in Agriculture to instruct the Forest Sarvice United States Senate, on September 3 and Bisbee, Ariz., January 29 and 30, 1946. officials to refrain from making any cuts un­ 4, 1943; and "Attest: til all investigations and appeals have been "'Whereas a subsequent agreement tn 1944 "Mrs. J. M. KEITH, completed.' between the same Federal agencies covering "Secretary." "I hereby certify that this is a true and the same territory was entered into without correct copy of a resolution passed by the the knowledge or consent of the United "'R~olution 4 Arizona Cattle Growers' Association in the States Public Lands Committee, the Arizona " 'Whereas there is a reduced acreage of forty-second annual convention, held in Bis­ Cattle Growers' Association, or the users of cotton within the State of Arizona, whereby bee, Ariz., January 29 and 30, 1916. the land; and there ts not more than 50 percent of the "Attest: "'Whereas at hearings f the Public Lands normal supply of cottonseed products; and "Mrs. J. M. KEITH, Committee of the United States Senate held "'Whereas the Federal Government has by "Secretary." in Phoenix and Salt Lake City in May 1944, regulation ordered a 5 percent set-~side from " 'Resolution 6 the agencies involved were ordered to comply all the mills for use as may be dnected by with the original agreement: Now, there­ the Washington otncials: Now, therefore, be it "'Whereas stability of range use is essen­ fore, be it. "'Resolved, That we request the proper offi­ tial to national forest permittees; and "'Resolved, That the Arizona "Cattle Grow­ cials to not only distribute the 5 percent set­ "'Whereas the enactment of Senate bill 33 ers' Association demands that the agencies aside within the State of Arizona but to ship has our full endorsement and would help to involved administer the lands under the into the State additional supplies if they are establish stability: Now, therefore, be it terms of the original agreement and that available.' "'Resolved, That a congressional investi­ all subsequent agreements be nullified.' "I hereby certify that this is a true and gation be made of the administration of correct copy of a resolution passed by the "I hereby certify that this is a true and grazing on the na..tional forests so that Con­ correct copy of a resolution passed by the Arizona Cattle Growers' Association in the gress will see the need of Senate bill 33, and forty-second annual convention, held in Arizona Cattle Growers' Association in the other legislation to remove existing evils.' forty-second annual convention held in Bis­ Bisbee, Ariz., January 29 and 30, 1946. "I hereby certify that this is a true and "Attest: bee, Ariz., January 29 and 30, 1946. correct copy of a resolution passed by the "Attest: "Mrs. J. M. KEITH, Arizona Cattle Growers' Association in the "Secretary." "Mrs. J. M. KEITH, forty-second annual convention, held in "Secretary.'' To the Committee on Military Affair,s: Bisbee, Ariz., January 29 and 30, 1946. " 'Resolution 8 "Attest: REPORT OF A COMMITTEE "'Whereas over 5,000,000 acres of grazing "Mrs. J. M. KEITH, Mr. GEORGE, from the Committee on land was taken over by the War Department "Secretary." Finance, to which was referred the bill for the prosecution of the war; and "'Resolution 7 (8. 1877) to amend paragraph 8 of part "'Whereas it was the intention of the War "'Whereas in the national parks and na­ VII, Veterans Regulation No. 1 (a). Department that most of this land should tional monuments there are large acreages as amended, to authorize an appro­ return to its original ownership at the end valuable for grazing; and of the emergency: Be it, therefore, priation of $1,500,000 as a revolving fund " 'Whereas much of this acreage in its in lieu of $500,000 now authorized, re­ "'Resolved, That the Arizona Cattle Grow­ present status serves no useful purpose for ers' Association urge that the War Depart­ either the Parks Service nor' anyone else: ported it without amendment and sub­ ment return the use or title to any ·lands Now, therefore, be it mitted a report

MARCH 2, 1946. name of a person employed by the committee of Senate Resolution 319, agreed to August To the Senate: who is not a full-time employee of the Sen­ 23, 1944: The above-mentioned committee hereby ate or of the committee for the month of submits the following report showing the February 1946, in compliance with the terms

' Annual Address - arne and address of dcpartfnent or organization by wbom paid rate of Name of individual compen­ sation

Mrs. Mamie L. Mizen ___ ·------1434 Saratoga Ave .• ------.------District of Columbia government______$3,970

KENNETH McKELLAR, Acting Chairman.

SENATE MILITARY AFFAIRS COMMlTTE£, SUBCOMMITTEE ON WAR MOBILIZATION

MARCH 1, 1946. names of persons employed by the committee of Senate Resolution 319, agreed to August To the Senate: who are not full-time employees of the Sen- 23, 1944: The above-mentioned committee hereby ate or of the committee for the month of submits the following report showing the February 1946, in compliance with the terms • < •.

.Annual • J{ rate of Kame of individual Address Name and address of department or organization by whom pai

Aru1 S. Gertler ______3721 39th Flt. NW., Washington, D. C------Department of the Interior, Washington, D. 0------·------$2, !'80. 00 Joan P. Kn.rnsik______19191\lth St. NW., Washington, D. C------Foreign Economic Administration, Washington, D. C ______4, 300.00 C. 'rheodore Larson ______3917 North 5th St., Arlington, Va·------National Housing Agency, Washington, D. 0------H,.230. 00 Fritzie P. ManueL______1621 'I' St. NW., Washington, D. C·------State Department, Washington, D. 0------5, 180.00 Darel McConkey------509 Fontaine St., Alexandria, Va ______Department of the Interior, Washington, D. 0------6, 2.10. 00 Cora L. Moen______5327 lGth St. NW ., Washington, D. C ______: ______Office of Price Administration, v;·ashiugton, D. C ______2,650. 00 Elizabeth H. Oleksy------1620 Fuller St. NW., Washington, D. 0------Office of War Mobilization and Reconver.ion, ,'l.-ashington, D. C _ 3, 090. ()() Mary .TIUle Oli"n~to ______500 B St. NE., Wnshington, D. 0------···------·----- National Housing Agency,\ a~hiugton, D. 0------2, 100.00 Francis 0. Rosenberger ______5814 64th An., :East Riverdale, Md ·------~------Office of Price Administration, Wa.'lhington, D. C_ -·------6, 230. fJ() Herbert SchimmeL.~------5603 .Minnesota Ave. SE., Washingto.o, D. 0----~------~- - Office of War Mobilization and Reconversion, Washington, D. C __ 9, 012.50

H. M. KILGORE, Chairman. 1946 CONGRESSIONAL RECORD-SENATE 2039 BILLS AND JOINT RESOLUTION dered to be printed, and to be printed in Fifth. By lack of integration within INTRODUCED the RECORD, as follows: the Government-between Government Bills and a joint resolution were intro­ At the end of the bill insert a new section agencies torn by internal conflicts and duced, read the first time, and, by unan­ as follcws: lacking centralized overhead planning. imous consent, the second time, and re­ "SEC.-. In the administration of the pro­ Sixth. By intolerable delays in dispos­ vi.Sions of the Em,ergency Price Control Act ing of Federal surplus property. Such ferred as follows: of 1942, as amended, and the Stabilization Act By Mr. THOMAS of Oklahoma (for of 1942, as amended, during the period of surplus could make a splendid contribu­ himself; Mr. BUTLER, Mr. AIKEN, Mr. the extension provided by sections '1 and 2 tion toward coping with the present BILBO, Mr. YoUNG, Mr. SHIPSTEAD, of this act, the appropriate Government crisis. There were forwarded to me to­ Mr. STEWART, Mr. BUSHFIELD, Mr. agency or agencies shall- pay from Los Angeles pictures of moun­ WILLIS, Mr. CONNALLY, Mr. CAPPER, .. ( 1) provide sufficient price relief to yield tains and fields of construction and Mr. WILSON, and Mr. DOWNEY): profits normal to high-level operation; gear­ building material declared surplus but S.1908. A bill to provide for the maximum ing such relief to actual costs of operation unavailable to the public because of gov­ and most effective utilization of surplus at the earliest possible date; ernmental red tape and freeze orders. agricultural commodities through increased "(2) speed up administrative procedures industrial and other uses and throngh the and streamline price control organization so Seventh. By policies of apparent fa­ development of improved methods of stor­ as to eliminate past administrative delays; voritism between companies by persons ing and marketing such commodities, and "(3) enforce restrictions on wages as well in high places who have forgotten their for other purposes; to the Committee on as on prices in order to hold the relative line obligations .as public servants. Agriculture and Forestry. of wartime controls; and " ( 4) provide for progressive and bold steps In this connection, I desire to read By Mr. McFARLAND: excerpts from a letter I have received S. 1909. A bill for the relief of William E. for decontrol and the elimination of all war­ Jacob; time price controls as soon as production ' today from a prominent manufacturer. S. 1910. A bill for the relief of George D. levels in any field are sufficiently high to This manufacturer cited an instance King; and l'estrain run-away prices." wherein one foundry had been granted S. 1911. A bill for the relief of Mrs. Ida Mr. WILEY. Mr. President, what does a 200-percent price increase by OPA al­ Elma. Franklin; to the Committee on Claims. the production crisis, to which I have re­ legedly because, like Mr. Henry Kaiser, By Mr. HILL: ferred, consist of? this foundry had an RFC loan. The S. 1912. A bill for the relief of Brig. Gen. manufacturer states in his letter: Darl H. Seals; to the Committee on Claims. Slx months after the end of the war, -S. 1913. A bill granting an increase of pen­ the national situation is muddled and It would appear from the above that the sion to Grizelda Hull Hobson; to the Com­ the Nation's economic current is mud­ Government has.. had, and is going to con­ mittee on Pensions. dled, thanks to the administration's tinue to have, two entirely different policies in dealing with business. If a company By Mr. LANGER: inaptitude, maladministration, and plain has a loan from the RFC, the other agencies S. 1914. A bill authorizing the Federal Se­ dumbness. give price increases promptly to prevent eurity Administrator to make loans to in­ Production levels dropped in February Jtitutions for the purpose of financing the losses; but if a company has no. P..FC loans, construction of domiciliary facilities for the lower than those in January which, in they are expected to absorb losses until the aged and the blind; to the Comm,ittee on turn, were the lowest since the spring entire industry shows an out-of-pocket loss. Banking and Currency. of 1941. Strikes are rampant and are The policy toward companies with Gov­ S. 1915. A bill to· provide for designation increasing. Veterans are unemployed ernment loans will certainly eliminate pri­ of the Unfted States Veterans' Administra­ in large numbers, and there is loose talk vate business and encourage Government tion hospital at Fargo, N. Dak., as the Clar­ of 5,000,000 unemployed citizens in the ownership. When a company signs an RFC ence Theodore Hoverson Memorial Hospital; coming months. Industrial profits, the agreement, it practically turns the manage­ to the Committee on Finance. lifeblood of our economic system, have ment over to the RFC bureaucrats. By Mr. SALTONSTALL: I respectfully request that you pass this S. 1916. A bill to authorize the Secretary declined disastrously. Tax revenue, es­ information along to all opponents of Gov­ of State to transfer certain silver candelabra sential to pay our approaching $300,- ernment ownership; and I am prepared to to May Morgan Beal; to the Committee on 000,006,000 national debt, is rapidly fall­ give you sworn statements to support the Foreign Relations. ing. Millions are looking for homes. above. By Mr. WALSH: The national income is dropping. S. 1917. A bill to enact certain provisions AU this is occurring while our coun­ Mr. President, I have asked for these now included in the Naval Appropriation try faces a greater effective demand here sworn statements in order that the seri­ Act, 1946, and for other purposes; to the at home and abroad for goods and serv­ ous charges made by this manufacturer Committee on Naval Affairs. ices than at any time in our own or may be investigated. By Mr. BANKHEAD: S. 1918. A b111 to amend the provisions of any other peoples' history. Now, Mr. President, the amendment the Agricultural Adjustment Act relating to How has the administration brought which I propose today cannot solve all marketing agreements and orders; to the on this crisis? of the various shortcomings I have cited. .Committee on Agriculture and Forestry. First. By a labor policy or lack of pol­ But it can help to solve those relating to S. 1919. A bill for the relief of Pershing W. icy, without guts, without vision, with­ maladministration of price controls. Ridgeway; to the Committee on Claims. out equity for management and labor. As for the other shortcomings, they By Mr. TUNNELL: Second. By the sort of official muddled S. J. Res. 145. Joint resolution granting a can be solved by legislation which will pension or increase of pension of $50 per thinking which stimulated a disastrous insure equity in labor-management re­ month to all widows of Civil War veterans wave of strikes. It invited labor to seek lations, by leadership within Govern­ who have attained or hereafter attain the so-called ''legitimate" wage increases in ment with guts and vision that will elim­ age of 65 years; to the Committee on Pen­ spite of the overwhelming national need inate administrative wrangling and sions. for continued production at this crucial blundering, that will speed up the proper PRICE CONTROL AND STABILIZATION time. disposition of surplus property and that ACT-AMENDMENT Third. By an absurd, un-American price policy which OPA has bull-head­ will cut out favoritism. Mr. WILEY. Mr. President, I ask edly followed-a policy which appar­ Some time ago, I proposed a Senate leave to submit an amendment intended ently regards industrial profits as sinful Committee on the Promotion of Ameri­ to be proposed by me to the bill (H. R. and unnecessary, a policy which decrees can Activities. That proposal has been 5270) to amend the Emergency Price that management must pay wage in­ referred to a subcommittee of .the Ju­ Control and Stabilization Acts of 1942. creases out of whatever reserves may diciary Committee which, as yet, has The amendment is offered in an effort to be available for other vital purposes, a neither met nor taken any action. The help cope with the production crisis fac­ policy which orders manufacturers to need for such a committee is obvious in ing our Nation. I ask that the amend­ produce at a loss, which in effect, con­ the un-American rulings against our sys­ ment be printed in the RECORD at this fiscates their profits without due process tem of private profit, evidenced in 0. P. point. of law. A. Recently, I proposed in a public There-being no objection, the amend­ Fourth. By suffocating red tape and statement that "We get the Government ment was received, referred to the Com­ administrative delays in granting what­ out of the red and the Reds out of Gov­ mittee on Banking and Currency, or- ever little price relief has been given. ernment." 2040 CONGRESSIONAL RE.CORD-SENATE MARCH 8 The conditions which I have cited Control the Contingent Expenses of the H. R. 3846. An act for the relief of the estate prove the need for the realization of this Senate: of Eleanor Wilson Lynde, deceased; H. R. 3948. An act for the relief of Mrs. slogan. Resolved, That the Committee on Naval Clifford W. Prevatt; Mr. President, in connection with my Affairs, authorized by Senate Resolution 9, H. R. 3985. An act for the relief of Kilpat­ remarks, I ask unanimous consent to agreed to January 6, 1945, to send for per­ rick Bros. Co.; have printed in the RECORD a telegram sons, bookS, and papers; to administer oaths; H. R. 4115. An act for the relief of the estate and to employ a stenographer, at a cost not of Eleanor Doris Barrett; I have received from the directors of the exceedil}g 25 cents per hundred words, to Northwest Retailers Association, Inc. H. R. 4174. An act for the relief of Mayer G. report such hearings as may be had on any Hansen; There being no objection, the telegram subject referred to said committee, hereby H. R. 4210. An act for the relief of the es­ was ordered to be printed in the RECORD, is authorized to expend from the contingent tate of Bob Clark and the estate of George D. as follows: fund of the Senate, for the same purposes, Croft; during the Seventy-ninth Congress, $10,000 MINNE.-.PoLrs, MINN., March 6, 1946. H. R. 4270. An act for the relief of Southern in addition to the amount of $5,000 heretofore California Edison Co., Ltd.; Hon. ALEXANDER WILEY, authorized. Senate Office Building, Washington, D. c. H. R. 4400. An act for the relief of Nolan The directors of the Northwest Retailers HOUSE BILLS RE'FERRED V. Curry, individually, and as guardian for Association, Inc., composed of leading mer­ his minor son, Hershel Dean Curry; chants of Minnesota, North Dakota, and Wis­ The following bills were severally read H. R. 4401. An act for the relief of Joe F. consin, representing department, dry goodS; twice by their titles and referred, as Rada and Bessie Rada; clothing ~nd men's furnishings, shoe, and indicated: H. R. 4414. An act for the relief of Eva D. Champlin, Robert H. Howell, Em!ly Howell, ladies' ready-to-wear stores, adopted the fol­ H. R. 216. An act for the relief of John lowing resolution on March 5, 1946: and Stella Ward; Seferian and Laura Seferian; H. R. 4418. An act for the relief of the "The retailers of the Northwest have been H. R. 988. An act for the relief of Bernice in favor of price control as a wartime meas­ city of San Diego, Tex.; B. Cooper, jtmior clerk-typist, Weatherford, H. R. 4537. An act for the relief of Lillian ure and, in fact, have much more at stake Tex., rural rehabilitation oftice, Farm Security than the average consumer in preventing in­ Jacobs; Administration, Department of Agriculture; H. R. 4607. An act for the relief of Margaret flation. We are in favor of extending price H. R.1235. An act for the relief of John control to not later than June 30, 1947, but Lee and Mike Sopko; . Bell; H. R. 4609. An act for the relief of Jerome with the following changes: H. R. 1262. An act for the relief of W. E. Dove; · · "1. That the maximum average price reg­ Noah; H. R. 4647. An act for the relief of Albert ulation be withdrawn and rescinded immedi­ H. R. 1269. An act for the relief of Virge R. Perkins; ately. It has failed to restore low-priced McClure; H. R. 4693. An act for the relief of Richard merchandise to the market, and has hindered H. R. 1352. An act for the relief of Herman C. Ward; and prevented the manufacture, and· distri­ Feinberg; H. R. 4712. An act for the relief of Caroline bution to the consumer of much-needed H. R. 1759. An act for the relief of Mildred goods. Neiffer; M. Newmark and Melville Moritz; and "2. The sure cure for the dangers of infla­ H. R. 2156. An act for the reHef of Lee H. R. 4801. An act for the relief of Raymond tion is all-out production of goods, which Harrison; _P. Guidoboni; to the Committee on Claims. will quickly make price control unnecessary. H. R. 2217. An act !or the relief of Rae H. R. 4208. An act for the relief of the We favor extension of incentive pricing for Glauber; Calvert Distilling. Co.; to the Committee on manufacturers to stimulate the production H. R. 2331. An act for the relief of Mrs. Finance. of goods which are vanishing because they Grant Logan; H. R. 4761. An act to amend the National are unprofitable to produce, or which have H. R. 2509. An a.ct for the relief of the Housing Act by adding thereto a new title been discontinued for the same 1·eason. legal guardian of James Irving Martin, a relating to the prevention of speculation and "3. OPA's cost absorption policy should be minor; excessive profits in the sale of housing, and terminated immediately. It is unsound, un­ H. R. 2682. An act for the relief of John to insure the availability of real estate for· fair, and ruinous in its operation. Wages, Doshim; housing purposes at fair and reasonable materials, and all other operating expenses H. R. 2750. An act for the relief of Stephen prices, and for other purposes; to the Com­ have increased materially since March 1942. A. Bodkin, Charles A. Marlin, Andrew ·J. Per­ mittee on Banking and Currency. Any prices established by OPA should recog­ lik, and Albert N. James; H. R. 5529. An act to authorize the Presi­ nize increased costs, and should allow a nor­ H. R. 2848. An act for the relief of the legal dent to appoint Lt. Gen. Walter B. Smith as mal mark-up to the manufacturer, to the guardian of Wilma Sue Woods, Patsy Woods, Ambassador to the Union of Soviet Socialist wholesaler or jobber, and to the retailer. Raymond E. Hilliard, and Thomas E. Hilliard, Republics, without affecting his military "4. We favor an accelerated program of de­ minors; status and perquisites; to the Committee on control. When supply· and demand are close­ H. R. 2885. An act for the relief of Mrs. Mil!tary Affairs. ly in balance, that item should be promptly Frank Mitchell and J. L. Price; H. R. 5671. An act making appropriations removed from price control. H. R. 2904. An act for the relief of Clyde to supply urgent deficiencies in certain ap­ "5. We favor legislation restoring juris­ Rownd, Della Rownd, and Benjamin C. Day; propriations for the fiscal year ending J-une diction to the district courts of the United H. R. 3065. An act for the relief of Standard 30, 1946, and for other purposes; to the Com­ States to hear and determine any que.stions Dredging Corp.; mittee on Appropriations. which may arise under OPA regulations or H. R. 3076. An act for the relief of the CRUCIAL IMPORTANCE OF SMALL INVES­ orders." estate of Nellie P. Dunn, deceased; TOR8-ADDRESS BY SENATOR WILEY H. S. MciNTYRE, H. R. 3100. An act for the relief of the legal Secretary. guardian of Rolland Lee Frank, a minor; fMr. WILEY asked and obtained leave to H. R. 3161. An act for the relief of Mrs. have printed in the RECORD an address en- SPECIAL COMMITTEE ON ATOMIC EN­ Ruby Miller; titled "The Investor: Key Man to American ERGY-INCREASE IN LIMIT OF EXPEND­ H. R. 3185. An act for the relief of the Industry," delivered by him before the Free ITURES - estate of Senia Lassila, deceased; Enterprise Forum of Investors' League at H. R. 3217. An act for the relief of Mattie Buffalo, N. Y., February 28, 1946, and follow­ Mr. McMAHON submitted the follow­ Lee Wright; ing 'thereafter three articles by Thomas Fur­ ing resolution. r the governments of have printed in the RECORD a statement re­ I have no objection, however to making the bill the unfinished business. I hope the possessions, Territories, or the District garding the St. Lawrence seaway by Reginald of Columbia. Nothing in this act shall be P. Long, supervisor of Grand Island, Erie that Senators will take advantage of construed to repeal delegations of authority • County, N. Y., together with resolutions the week end to study this measure. It as provided by law. Except as to the re­ adopted by the ·board of supervisors of Erie is a modified form of the so-called quirements of section 3, there shall be ex­ County, N.Y., which appear in the Appendix.] Logan-Walter bill, which, as I recall, cluded from the operation of this act (1) CONTROL OF ATOMIC ENERGY-ARTICLE Congress passed several years ago and agencies composed of representatives o! the BY GEORGE FIELDING ELIOT which was vetoed by the President. I parties or of representatives of organizations [Mr. McMAHON asked and obtained leave think that is correct. I myself have not o! the parties to the disputes determined by to have printed in the RECORD an article on studied the proposed modifications be­ them, (2) courts martial and mtlitary com­ the control of atomic energy, written by cause I have not had the time. I shall ~issions, (3) military or naval authority George Fielding Eliot and published in a re­ attempt to do so over the week end, and exercised in the field in time of war or in cent issue of the New York Herald Tribune, I hope other Senators will study the occupied territory, or ( 4) functions which which appears in the AppendiX.] by law expire on the termination of present bill, because it is a complicated subject hostilities, within any fixed period there­ THE FIGHT AGAINST CANCER-ARTICLE and involves, or did involve in the pre­ after, or before July 1, 1947, and the func­ BY ERIC A. JOHNSTON vious legislation, what seems to me to be tions conferred by the following statutes: [Mr. McMAHON asked and obtained leave great handicaps in carrying out the ad­ Selective Training and Service Act of 1940; to have printed in the RECORD an article en­ ministrative policies of the Government Contract Settlement Act of 1944; Surplus titled "The Doctors Are Out To Conquer Can­ as directed by Congress. Property Act of 1944. cer, and They Need Your Help" written by I am not passing any judgment on this (b) Person and party: "Person" includes Eric A. Johnston, and published in the Read­ bill, because I have not had a chance to individuals, partnerships, corporations, asso­ er's Digest for March 1946, which appears in study it. I am merely expressing the ciations, or public or private organizations the Appendix.] hope that the Senate will study the bill of any character other than agencies. "Party" THE CPA-EDITORIAL COMMENTS BY THE includes any person or agency named or ad­ before next Tuesday-we intend to re­ mitted as a party, or properly seeking and RECORD-HERALD AND INDIANOLA cess until Tuesday after today's ses­ entitled as of right to be admitted as a TRffiUNE sion-because it is a very important piece party, in any agency p1;oceeding; but noth­ [Mr. HICKENLOOPER asked and obtained of legislation both from the standpoint ing herein shall be construed to prevent an leave to have printed in the RECORD an edi­ of those who are for and those who are agency from admitting any person or agency torial entit1.eC: "We Need OPA, but Let's De- against it. as a party for limited purposes. 2042 CONGRESSIONAL RECORD-SENATE ·MARCH 8 (c) Rule and rule making: "Rule" means (c) Public records: Save a·s otherwise re­ for the convenience and necessity of the the whole or any part of any agency state­ qUired by statute, matters of official record parties or their representat ives. ment of general applicability designed to im­ shall in accordance with published rule be (b) Procedure: The agency shall afford all plement, interpret, or prescribe law or policy made available to persons properly and di­ interested parties opportunity for (1) the or to describe the organization, procedure, rectly concerned except information held submission and consideration of facts, argu­ or practice requirements of any agency. confidential for good cause found. ment, offers of settlement, or proposals of "'Rule making" means agency process for the RULE MAKING .adjustment where time, the nature of the formulation, amendment, or repeal of a rule proceeding, and the public interest permit and includes the approval or prescription for SEC. 4. Except to the extent that there js and (2), to the extent that the parties are the future of rates, wages, corporate or finan­ involved (1) any military, naval, or foreign unable so to detel">mine any controversy by cial structures or reorganizations thereof, affairs function of the United States or (2) consent, hearing and decision upon notice prices, facilities, appliances, services, or al­ any matter relating to agency management and in conformit y with sections 7 and 8. lowances therefor, or of valuations, costs, or or personnel or to public property, loans, (c) Separation of functions: The same of­ accounting, or practices bearing upon any of grants, benefits, or contracts- ficers who preside at the reception of evi­ the foregoing. (a) Notice: General notice of proposed dence pursuant to section 7 shall make the (d) Order and adjudication: "Order" rule making shall be published in the Fed­ l'ecommended decision or initial decision re­ means the whole or any part of the final dis­ eral Register and shall include (1) a state­ quired by sect ion 8 except where such offi­ position '(whether affirmative, negative, or ment of the time, place, and nature of public cers become unavailable to the agency. declaratory in form) of any agency in any rule making proceedings; (2) reference t9 Save to the ext ent required for the disposi­ matter other than rule making but including the authority under which the rule is pro- . tion of ex parte matters as authorized by licensing. "Adjudication" means agency posed; and (3) either the terms or substance law, no such officer shall consult any per­ process for the formulation of an order. of the proposed rule or a description of the son or party on any fact in issue unless (e) License and licensing: "License" in­ subjects and issues involved. Except wher.e upon notice and opportunity for ·all parties cludes the whole or part of any agency per­ notice or hearing is required by statute, this to participate; nor shall such officer be re­ mit, certificate, approval, registration, char­ subsection shall not apply to interpretative sponsible to or subject t o t he supervision or ter, membership, statutory exemption, or rules, general statements of policy, rules of direction of any officer, employee, or agent other form of permission. "Licensing" in­ agency organization, procedure, or practice, engaged in the performance of investigative cludes agency process respecting the grant, or in any situation in which the agency for or prosecuting funct ions for any agency. re~ewal, denial, revoc~tion, suspension, an­ good cause finds (and incorporates the find­ No officer, employee, or agent engaged in the nulment, withdrawal, limitation, amend­ ing and a brief statement of the reasons performance of investigative or prosecuting ment, modification, or conditioning of a therefor in the rules issued) that notice and functions for any agency in any case shall, license. public procedure thereon are impracticable, in that or a factually related cas!3, partici­ (f) Sanction and relief: ~·sanction" in­ unnecessary, or contrary to the public in­ pate or advise in the decision, 1·ecommended cludes the whole or part of any agency (1) terest. decision, or agency review pursuant to sec­ prohibition, requirement, limitation, or other (b) Procedures: After notice required l:!Y tion 8. except as witness or counsel in pub­ condition affecting the freedom of any per­ this section, the agency shall afford interested lic proceedings. This subsection shall not son; (2) withholding of relief; (3) imposi­ persons an opportunity to participate in the apply in determining applications for initial tion of any form of penalty or fine; (4) de­ rule mak-ing through submission of written licenses or the past reasonableness of rates; struction, taking, seizure, or withholding of data, views, or argument with or without nor shall it be applicable in any manner to property; (5) assessment of damages, reim­ opportunity to present the same orally in the agency or any member or members of bursement, r~stitution, compensation, costs, any manner; and, after consideration of all the body comprising the agency. charges, or fees; (6) requirement, .revocation, relevant matter presented, the agency shall (d) Declaratory orders: The agency is au­ or suspension of a license; or (7) taking of incorporate in any rules adopted a concise thorized in its sound discretion, with like .other compulsory or restrictive action. "Re­ general statement of their basis and purpose. effect as in the case of other orders, to issue lief" includes the whole or part of any agency Where rules are .required by law to be made a declaratory order to terminate a contro­ (1) grant of money, assistance, license, au­ upon the record after opportunity for or versy or remove uncertainty. thority, exemption, exception, privilege, or upon an agency hearing, the requirements of remedy; (2) recognition of any claim, right, sections 7 and 8 shall apply in place of the ANCIL~RY MATI'ERS immunity, privilege, exemption, or exception; provisions of this subsection. SEc. 6. Except as ot herwise provided in this • or ( 3) taking of any other action beneficial (c) Effective dates: The required publica­ act-- to any person. tion or service of any substantive rUle (other (a) Appearance: Any person compelled to (g) Agency proceeding and action: "Agency than one granting or recognizing exemption appear in person before any agency or repre­ proceeding" means any agency process as de­ or relieving restriction or interpretative rules sentative thereof shall be accorded the right fined in subsections (c), (d), and (e) of this and statements of policy) shall be made not to be accompanied, represented, and advised section. For the purpose of section 10, less than 30 days prior to the effective date by counsel or, if permitted by the agency, by "agency action" includes the whole or part thereof except as otherwise provided by the other qualified representative. Every party of every agency rule, order, license, sanction, agency upon good cause found anEl published shall be accorded the right to appear in per­ relief, or the equivalent or denial thereof, with the rule. son or by or with counsel or other duly quali­ or failure to act. (d). Petitions: Every agency shall accord fied repr.esentative· in any agency proceeding. PUBLIC INFORMATION any interested person the right to petition So far as the responsible conduct of public SEC. 3. Except to the extent that there is for the issuance, amendment, or repeal of business permits, any interested person may involved (1) any function of the United a rule. appear before any agency or its responsible States requiring secrecy in the public in­ ADJUDICATION , omcers or employees for the presentation, terest or (2). any matter relating solely to SEc. 5. In ev~y case of adjudication re­ adjustment, or determination of any issue, the internal management of an agency- quired by statute to be determined on the request, or contr~versy in any proceeding or (a) Rules: Every agency shall separately record after opportunity for an agency hear­ in connection with any agency function, in­ state and currently publish in the Federal ing., except to the extent that there is in­ cluding stop-order or other summary actions. Register ( 1) descriptions of its central and volved (1) any matter subject to a subse­ Every agency shall proceed with reasona,ble field organization; (2) the established places quent trial of the law and the facts de novo dispatch to conclude any matter presented and methods whereby the public may secure in any court; (2) the selection or tenure to it except that due regard shall be had for information or make submittals or requests; of an officer or employee of the United States the convenience and necessity of the parties (3) statements of the general course and other than examiners.appointed pursuant to or their representatives. Nothing herein method by which its rule making· and adjudi­ section 11; (3) proceedings in which de­ shall be construed either to grant or to deny cating functions are channeled and deter­ cisions rest solely on inspections, tests, or to any person who is not a lawyer the right mined, including the nature and require­ elections; (4) the conduct of military, naval, to appear for or represent others before any ments of all formal or informal procedures or foreign affairs functions; (5) cases in agency or in any agency proceeding. available as well as forms and instructions which an agency is acting as an agent for a (b) Investigations: No process, require­ as to the scope and contents of all papers, court; and (6) the certification of employee ment of a report, inspection, or other inves­ reports, or examinations; and ( 4) substan­ representatives- tigative act or demand shall be issued, made, tive rules adopted· as authorized by law and ( a) Notice: Persons entitled to notice of or enforced in any manner or for any pur­ statements of general policy or interpreta­ an agency hearing shall be timely informed pose except as aut horized by law. Every tions formulated and adopted by the agency of ( 1) the time, place, and nature thereof; person compelled to submit data or evidence for the guidance of the public. No person (2) the legal authority and jurisdiction un­ shall be entit led to retain or, on payment shall in any manner be required to resort to der which the hearing is to be held; and of lawfully prescribed costs, procure a copy organization or procedure not so published. (3) the matters of fact and law asserted. or transcript t hereof, except that in a non­ (b) Opinions and orders: Every age:acy In instances · in which private ~rsons are public investigatory proceeding the wit:Qess shall publish or, in accordance with pub­ the moving parties, other parties to the pro­ may for good cause be limited to inspection lished rule, make available to public inspec­ ceeding shall give prompt notice of issues of the official t ranscript of h is testimony. tion all final opinions or orders in the ad­ controverted in fact or law; and in other (c) Subpenas: . Agency subpenas author­ judication of cases except 'those required for instances agencies may by rule require re­ ized by law shall be issued t o any party upon good cause to be held confidential and not sponsive pleading. In fixing the times and request and, as may be required by rules of cited as precedents. places for hearings, due regard shall be had procedure, upon a stat ement or sh owing of 1946 CONGRESSIONAL RECORD-SENATE 2043 general relevance and reasonable scope of the material fact not appearing in the evidence ficient application for a renewal or a new evidence sought. Upon contest the court in the record, any party shall on timely re-· license, no license with reference to any ac­ shall sustain any such subpena or similar quest be afforded an opportunity to show tivity of a continuing nature shall expire process or demand to the extent that it is the contrary. . until such application shall have been finally found to be in accordance with law and, in DECISIONS determined by the agency. any proceeding for enforcement, shall issue SEc. 8. In cases in which a hearing is re­ JUDICIAL REVIEW an order requiring the appearance of the quired to be conducted in conformity with witness or the production of the evidence or SEc. 10. Except so far as (1) statutes pre­ section 7- clude judicial review or (2) agency action data under penalty of punishment for con­ (a) Action by subordinates: In cases in tempt in case of contumacious failure to do which the agency bas not presided at the · is by law committed to agency discretion- so. reception of the evidence, the officer who ( a) Right of review: Any person suffering (d) Denials: Prompt notice shall be given presided (or, in cases not subject to sub­ legal wrong because of any agency action, or of the denial in whole or in part of any writ­ section (c) of section 5, any other officer or adversely affected or aggrieved by such action ten application, petition, or other request of officers qualified to preside at hearings pur­ within the meaning of any relevant statute, any interested person made in connection suant to section 7) shall initially decide the shall be entitled to judicial review thereof. with any agency proceeding. Except in case or the agency shall require (in specific (b) Form and venue of action: The form affirming a prior denial or where the denial cases or by general rule) the entire record to of proceeding for judicial review shall be any is self-explanatory, such notice shall be ac­ be certified to it for initial decision. When­ special statutory review proceeding relevant companied by a simple statement of grounds. ever such officers make the initial decision to the subject matter in any court specified and in the absence of either an appeal to the by statute or, in the absence or inadequacy HEARINGS agency or review upon motion of the agency thereof, any applicable form of legal action SEc. 7. In hearings which section 4 or 5 re­ within time provided by rule, such decision (including actions for declaratory judgments quires to be conducted pursuant to this sec­ shall without further proceedings then be- or writs of prohibitory or mandatory injunc­ tion- . come the decision of the agency. On appeal tion or habeas corpus) in any court of com­ ( a) Presiding officers: There shall· preside from or review of the initial decisions of such petent jurisdiction. Agency action shall be at the taking of evidence (1) the agency, (2) officers the agency shall, except as it may limit subject to judicial review in civil or criminal one or more me},llbers of the body which com­ the issues upon notice or by rule, have all the proceedings for judicial enforcement except prises the agency, or (3) one or more exam­ ·powers which it would have in making the to the extent that prior, adequate, and ex­ iners appointed· as provided in this act; but initial decision. Whenever the agency makes clusive opportunity for such review is pro- nothing in this act shall be deemed to su­ the initial decision without having presided vided by law. · persede the . conduct of specified classes of at the reception of the evidence, such officers (c) Reviewable acts: Every agency action proceedings in whole or part by or before shall first recommend a decision except that· made reviewable by statute and every final boards or other officers specially provided -in rule making or determining applications agency action for which there is no other for by or designated pursuant to statute. · for initial license('! (1) in lieu thereof the adequate remedy in any court shall be sub­ Th-e functions of all presiding officers and of agency may issue a tentative decision or any ject to judicial review. Any preliminary, officers participating in decisions in con­ qf its responsible officers may recommend a procedural, or intermediate agency action or formity with section 8 shall be conducted in decision or (2) any such procedure may be ruling not directly reviewable shall be sub­ an impartial manner. Any such officer may omitted in any case in which the agency ject to_ review upon the review of the final at any time withdraw if he deems himself finds upon tl\e record that due and timely agency action. Except as otherwise expressly disqualified; and, upon the filing in good execution of its function imperatively and required by statute, agency action shall be faith of a timely and sufficient affidavit of unavoidably so requires. final whether or not there has been presented personal bias or disqualification of any such (b) Submittals and decisions: Prior to or determined any application for a declara­ officer, the agency shall determine the mat­ each recommended, initial, or tentative de­ tory order, for any form of reconsideration, ter as a part of the record and decision in cision, or decision upon agency review of the or (unless the agency otherwise requires by the case. · decision of subordinate officers the parties rule) for an appeal to superior agency au­ (b) Hearing powers: Officers presiding at shall be afforded a :·easonable opportunity thority. hearings shall have authority, subject-to the to submit for the consideration of the officers (d) Interim relief: Pending judicial review published rules of the agency and within its participating in such decisions (1) proposed any agency is authorized, where it finds that powers, to (1) administer oaths and affirma­ findings and conclusions, or (2) exceptions justice so requires, to postpone the effective tions, (2) issue subpenas authorized by law, to the decisions or recommended decisions date of any action taken by it. Upon such (3) rule upon offers of proof and receive rel­ of subordinate officers or to tentative agency conditions as may be required and to the evant evidence, (4) take or cause depositions decisions, and (3) supporting reasons for extent necessary to prevent irreparable in­ to be taken whenever the ends of justice such exceptions or proposed findings or con­ jury, every reviewing court (including every would be served thereby, (5) regulate the clusions. All decisions (including initial, court to which a case may be taken on ap­ course of the hearing, (6) hold conferences recommended, or tentative decisions) shall peal from or upon application for certiorari for the settlement or simplification of the . become a part of the record and include a or other writ to a reviewing court) is author­ issues by consent of the parties, (7) dispose statement of (1) findings and conclusions, ized to issue all necessary and appropriate of procedural requests or similar matters, as well as the basis therefor, upon all the process to postpone the effective date of any (8) make decisions or recommend decisions material issues of fact, law, or discretion agency action or to preserve status or rights in conformity with section 8, and (9) take presented; and (2) the appropriate rule, pending conclusion of the review proceedings. any other action authorized by agency rule order, sanction, relief, or denial thereof. (e) Scope of review: So far as necessary consistent with this act. SANCTIONS AND POWERS to decision, and where presented, the review­ (c) Evidence: Except as statutes otherwise ing court shall decide all relevant questions SEc. 9. In the exercise of any power or au­ of law, interpret constitutional and statutory provide, the proponent of a rule or order shall thority- provisions, and determine the mean!ng or ap­ have the burden of proof. Any evidence, oral (a) In general: No sanction shall be im­ or documentary, may be received, but every posed or substantive rule or order be issued plicability of the terms of any agency action. agency shall as a matter of policy provide for It shall (A) compel agency action unlawfully except within jurisdiction delegated to the withheld or unreasonably delayed; and (B) the exclusion of immaterial and unduly re­ agency and as authorized by law. hold unlawful and set .aside agency action, petitious evidence and no sanction shall be (b) Licenses: In any case in which appli­ findings, and conclusions found to be (1) imposed or rule or order be issued except as cation is made for a license required by law arbitrary, capricious, or otherwise not in ac­ supported by relevant, reliable, and probative the agency, with due regard to the rights or cordance with law; (2) contrary to constitu­ evidence. Every party shall have the right to privileges of alf the interested parties or tional right, power, privilege, or immunity; present his case or defense by oral or docu­ adversely affected persons and with reason­ (3) in excess of statutory jurisdiction, au­ mentary evidence, to submit rebuttal evi­ able dispatch, shall set and complete any thority, or limitations, or short of statutory dence, and to conduct such cross-examina~ proceedings required to be conducted pur­ right; (4) without observance of procedure tion as may be required for a full and true suant to sections 7 and 8 of this act or other required by law; ( 5) unsupported by sub­ disclosure of the facts. In· rule making or proceedings required by law and shall make stantial evidence in any case subject to the determining claims for money or benefits its decision. Except in cases of willfulness requirements of sections 7 and 8 or other­ or applications for initial licenses any agency or those in which public health, interest, or may, where the interest of any party will not wise reviewed on the record of an agency safety requires . otherwise, no withdrawal, hearing provided by statutet or (6) unwar­ be prejudiced thereby, adopt procedures for suspension, revocation, or annulment o! any ranted by the fact to the extent that the the submission of all or part of the evidence license shall be lawful unless, prior to the facts are subject to trial de novo by the in written form. institution of agency proceedings therefor, . reviewing court. In making the foregoing (d) Record: The transcript of testimony facts or conduct which may warrant such determinations the court shall review the and exhibits, together with all papers and action shall have been called to the atten• whole record or such portions thereof as may requests filed in the proceeding, shall con­ tion of t~e licensee by the agency 1n writ· be cited by the parties, and ~e account stitute the exclusive record for decision in ing and the licensee shall have been accorded accordance with section 8 and, upon pay­ opportunity to demonstrate or achieve com­ shall be taken o! the rule of prejudici~l error. ment of lawfully prescribed costs, shall be pllance with all1awful requirements. In any EXAMINERS made available to the parties. Where any CJU~e in which the licensee has, 1n accordance SEC. 11. Subject to the civil-service and agency decision rests on official notice of a with agenc:y rules. ~a.de timely ancl auf;. other laws to the extent not inconsistent with 2044 CONGRESSIONAL RECORD-SENATE MARCH ~ 8 this act, there shall be appointed by and for .der that- the Senate and Senators indi­ As problems have been encountered, they each agency as many qualified and competent vidually might make a study of it before have been met-sometimes too quickly, it is examiners as may be necessary for proceed­ true-sometimes not quickly enough. ings pursuant to sections 7 and 8, who shall it was proceeded with on the fioor. To meet emergency problems, policies must be assigned to cases in . rotation .so far as I implore my colleagues at this time to be debated and adopted, appropriate govern­ practicable and shall perform no duties in­ make a study of this bill before Tuesday mental agencies must be established, appro­ consistent with their duties and responsibili­ next, because I hope we may go forward priate procedures must be put into effect. ties as examiners. Examiners shall be re­ with this very important legislative pro­ While hasty legislation is to be deplored, movable by the agency in which they are posal. the lack of legislation may bring a result employed only for good cause established Mr. McCARRAN subsequently said: which will be mourned as "too little and and determined by the Civil Service Com­ too late." mission (hereinafter called the Commission) In connection with some brief remarks It was the growth of steam navigation after opportunity for hearing and upon the which I made earlier in the day with ref­ which gave rise in 1338 to "an act to provide record thereof. Examiners shall receive com­ erence to Senate bill 7, the administra­ for the better security of the lives of passen­ pensation prescribed by the Commission in­ tive law bill, I ask unanimous consent to gers on board of vessels propelled in whole dependently of agency recommendations or have inserted in the RECORD in connec­ or in part by steam." ratings and in accordance with the Classifi­ tion with those remarks a very scholarly This act made it unlawful "for an owner of cation Act of 1923, as amended, except that -address delivered by the Attorney Gen­ a steamboat to operate without · a license the provisions of paragraphs (2) and (3) of from the collector of the port. subsection (b) of section 7 of said act, as eral of the United States, Mr. Tom Clark. It was the rapid expansion of railroads, amended, and the provisions of section 9 of There being no objection, the address accompanied by discriminatory rate adjust­ said act, as amended, shall not be applicable. was ordered to be printed in the RECORD, ments, irresponsible financial manipulation, Agencies occasionally or temporarily insuffi­ as follows: and speculation, that led to the enactment ciently staffed may utilize examiners selected At your annual meeting in 1916, Elihu · in 1887 of "an act to regulate commerce," by the Commission from and with the con­ Root, as president of your association, made creating the Interstate Commerce Commis­ sent of other agencies. For the purposes of a memorable address on the subject of public sion. this section, the Commission is authorized to service by the bar. The creation of other agencies, to meet the make investigations, require reports by agen­ In the course of his speech he had occasion needs of changing times, has steadily con­ cies, issue reports, including an annual re­ to recognize the inevitable development of a tinued, in the State governments as well as port to the Congress, promulgate rules, ap­ system of administrative law. the Federal. point such advisory committees as may be In this country, he said, such a system, The great advantage of administrative deemed necessary, recommend legislation, "is still in its infancy." agencies is their flexibility, their capacity to subpena witnesses or records, and pay wit­ The "infant" to which Mr. Root referred has do a complex task fairly and with. dispatch·. ness fees as established for the United States had an extraordinary growth since that time .• A few weeks ago I read the fifth quarterly courts. So precocious has it shown itself that for report of the Office of Contract Settlement. CONSTRUCTION AND EFFECT the past 20 years it has been perhaps the I was amazed by the tremendous progress SEc. 12. Nothing in this act shall be held to primary subject of discussion among lega1 which has been made in settling terminated din1inish the constitutional rights of any per­ thinkers. war contracts through administrative action. son or to limit or repeal additional require­ Some have considered the infant prodigy The surrender of Japan caused the termi­ ments imposed by statute or otherwise recog­ as a threat to our democracy-an alien sys­ nation of over 100,000 prime contracts, in­ nized by law. Except as otherwise required tem-a contrivance of self-seeking bureau­ volving $24,000,000,000 in canceled commit­ by law, all requirements or privileges relating crats. ments. Add to this the contracts that were to evidence or procedure shall apply equally Others, with whom I.agree, have recognized terminated by VE-day and you have some to agencies and persons. If any provision that. the administrative process has had to realization of the gigantic task faced by the of this act or the application thereof is held­ expand to meet the needs of an increasingly War and Navy Departments and by the Office invalid, the remainder of this act or other complex civilization. . of Contract Settlement. · appllcations of such provision shall not be Full recognition, it seems to me, has not Some 288,000 prime contracts, involving affected. Every agency is -granted all author­ been given to the fact that the phenomenal $62,000,000,000 in canceled commitments., ity necessary to· comply with the require­ events-two world wars of catastrophic pro­ have been terminated from the beginning of ments of this act through the issuance of portions, and an intervening financial de­ our war production to date. rules or otherwise. No subsequent legislation pression, all in one generation. Of these, some 185,000 contracts, iilvolving shall be held to supersede or modify the pro­ The belief is fairly common that the ad­ over $25,000,000,000, have now been settled. visions of this act except to the extent that· ministrative process in the Federal Govern­ Similar records of accomplishment may be such legislation shall do so expressly. This ment is new-that it is wholly a creation of found in other administrative agencies. act shall take effect 3 months after its ap­ the present era. The Interstate Commerce Commission re­ proval except that sections 7 and 8 shall take Not at all. It is as old as the Government ceives, analyzes, and files thousands of rate effect 6 months after such approval, the re­ itself. schedules, applications, and complaints. quirement of t'he selection of examiners pur­ At the very first session of the First Con­ Yet that is only a part of its work. suant to section 11 shall not become effective gress under the Constitution, statutes were The Social Security Board keeps literally until 1 year after such approval, and no pro­ enacted conferring important administrative millions of records, and disposes of eight or cedural requirement shall be mandatory as powers. · nine hundred thousand claims a year. to any agency proceeding initiated prior to In that year-1789-the Congress passed The Grain Standards Administration in the effective date of such requirement. laws involving the administration of customs the Department of Agriculture supervises . and the regulation of ocean-going vessels­ over a million gradings of graiq annually. Mr. McCARRAN. Mr. President, Sen­ laws which are the antecedents of statutes In the light of these few examples,.. it is no ate bill 7, the administJ:ative procedure now administered by the Bureau of Customs wonder that Congress has resorted more and measure, was reported and placed on the in the Treasury Department. more frequently to the administrative process calendar of the Senate in November At that time the first pension law was as an instrument for the execution of its last, after nearly a year and a half of passed-the first of a long series of pension legislative policies. laws now in the charge of the Veterans' Ad­ An examination of an act with which we very careful consideration and study by ministration. the Department of Justice, by other de­ are all familiar-the Selective Training .and Payments to invalid pensioners were to be Service Act--will serve to illustrate the man­ partments, and by the Committee on the made under regulations issued by the Presi­ ner in which the Congress has placed broad Judiciary of the Senate. We have at­ dent--an early 1·ecognition by Congress of rule-making and adjudicatory functions in a tempted in every way possible to explain t.he advantage of delegating to the Executive single agency. the bill by graphs which have been laid broad rule-making power within the frame­ In this statute Congress wisely refrained on the desks of Senators from time to work of statutory policies. from seeking to control every possible aspect time,· some of which are now, today, on In 1790, Congress initiated the succession of the induction process. our desks. We have submitted a report of laws governing the issuing and recording Instead, Congress incorporated into the act of patents. a general statement of the policy to be pur­ on the bill which is on the desks of Sen­ The Secretary of State, the Secretary of sued 111 inducting men into the armed ators this morning, a most detailed re­ War, and the Attorney General of the United forces. port, which goes into every phase of the States were empowered to grant a patent to It has delegated to the President the power bill, so that any Senator who will make a . any person petitioning for 1t, 1f his inven­ to make such rules and regulations as may study of it in my judgment can know tion or discovery were deemed "sufficiently be necessary to carry out the congressional what the bill pertains to and what it pro­ useful and important." policy. poses to d