I 1946 CONGRESSIONAL RECORD-SENATE 2033 356, Old House Office Building, on the the ctnsideration of the bill United States cable to officers and employees of the Colum to addditional industries, and extension of commissioners: H. R. 2460 God, Thou art nual report of the American Chemical So severally referred as follows: the center and soul of every spinning ciety for the calendar year 1945; to the Com By Mr. CASE of South Dakota: sphere in the vastnesses of space that mittee on the Judiciary. H. R. 5703. A bill for the relief of Charles L. 1122. A letter from the Secretary of the mocks our imagination, yet Thou art Cannon; to the Committee on Claims. to each trusting heart how near. We Navy, transmitting a draft of a proposed By Mr. FARRINGTON: blll to enact certain provisions now included H. R. 5704. A bill for the relief of Mrs. are but the frail children of. time and, iu the Naval Appropriation Act, 1946, and Charles C. Lee; to the Committee on Immigra from everlasting to everlasting, Thou for other purposes; to the Committee on tion and Naturalization. art God. Yet even as 'we tread the earth Naval Affairs. H. R. 5705. A bill for the relief of Y. S. Hu; the sky stoops to meet us, so Thy com td the Committee on Claims, pleteness meets our incompleteness as REPORTS OF' COMMITTEES ON PUBLIC By Mr. HEFFERNAN: our fainting hearts cry out in the midst BILLS AND RESOLUTIONS · H. R. 5706. A bill for the relief of Joseph H. Dowd; to the Committee on Claims. of every weakness and every need: Under clause 2 of rule · XIII, reports By Mr. LARCADE: "All this God is all for me, of committees were delivered to the Clerk ·H. R. 5707. A bill . for the relief of Edwin A Father all my own." for printing and reference to the proper Doyle Parrish; to the ·committee on Claims. calendar, as follows: . By Mr. McMILLAN of South Carolina: We come conscious that the regal fact Mr. SABATH: Committee on Rules. House H. R. 5708. A bill for the relief of Thomas of Thy fatherhood ties us to every son Resolution 544. Resolution providing for W. Williamson, Sr.; to the Committee on and daughter of Thine under the spread the consideration of H. R. 2115, a bill relat Claims. ing canopy <;>f Thy universal love. May ing to the domestic raising of fur:..bearing H. R. 5709. A bill for the relief of Ellis the great causes that concern Thy hu a_nimals; without amendment (Rept. No. Duke, also known as Elias Duke; to the Com 1684) . Referred to the House Calendar. mittee on Claims. man family, the selfless ministries that Mr. SABATH: Committee on Rules. House ·H. R. 5710. A bill to authorize and direct heal the world and rebuild it, the at Resolution 545. Resolution providing for the Commissioners of the District of titudes that create good will and make the consideration of H. R. 2501, a bill to au Columbia to set aside the trial-board con abiding peace possible at last, gain the thorize the Secretary of Agriculture to con viction of Leo Murray and his resultant dis· utter allegiance of our labor and our tinue administration of and ultimately liq missal, arid to reinstate Leo Murray as pri love. In the dear Redeemer's name. uidate Federal .rural rehabilitation pt;ojects, vate, Metropolitan Police Department; to Amen. and for other purposes; without amendment th~ Committee on the District of Columbia. (Rept. No. 1685). Referred to the House By Mr. PETERSON of Flo'rida: THE JOURNAL Calendar. H. R. 5711. A bill for the relief of Francis -On request of Mr. BARKLEY, and by S. Roe; to the Committee on Pensions. unanimous consent, the reading of the CHANGE OF REFERENCE · By· Mr. RICHARDS: H. R. 5712. A bill . for the relief of Mrs. Journal of the proceedings of Tuesda;y, Under clause 2 of rule XXII, the Com Mabel Jones and Miss Mildred Wells; to the March 5, 1946, was dispensed with, and mittee on Fensions was discharged from Committee on Claims. the Journal was approved. XCII--129 2034 CONGRESSIONAL RECORD-SENATE MARCH 8 LEAVE OF ABSENCE H. R. 1352. An act for the relief of.Herman H. R. 4712. An act for the relief of Caro Feinberg; line M. Newmark and Melville Moritz; Mr. WIDTE. Mr. President, I ·ask H. R.l759. An act for the relief of Mil H. R. 4761. An act to amend the National unanimous consent that the junior Sen dred Neifi'er; Housing Act by adding thereto a new title. ator from North Dakota [Mr. YouNG] H. R. 2156. An act for the relief of Lee relating to the prevention of speculation and may be excused from attendance upon Harrison; excessive profits in the sale of hqusing, and the sessions of the Senate for a period of · H. R. 2217. An act for the relief of Rae to insure the availability of real estate for 10 days. Glauber; housing purposes at fair and reasonable H. R. 2331. An act for the relief of Mrs. prices, and for other purposes; The PRESIDENT pro tempore. With Grant Logan; H. R. 4801. An act for the relief of Ray out objection, leave of the Senate is . H. R. 2509. An act for the relief of the legal mond P. Guidoboni; granted. guardian of James Irving Martin, a minor; H. R. 4884. An act to relieve certain em NOTICE OF HEARING ON NOMINATION OF H. R. 2682. An act for the relief of John ployees of the Veterans' Administration from Doshim; financial liability for certain overpayments :BRICE CLAGETT TO BE ASSOCIATE · H. R. 2750. An act for the relief of Stephen and allow such credit therefor as is neces JUDGE, MUNICIPAL COURT OF APPEALS A. Bodkin, Charles A. Marlin, Andrew J. Per sary in the accounts of Guy F. P..llen, chief FOR THE DISTRICT OF COLUMBIA Ilk, and Albert N. James; disbursing officer; H. R. 2848. An act for the relief of the H. R. 5529. An act to authorize the Presi Mr. McCARRAN. Mr. President, on legal guardian of Wilma Sue Woods, Patsy dent to appoint Lt. Gen. Waiter B. Smith as behalf of .the Committee on the Judiciary, Woods, Raymond E. Hilliard, and Thomas E. Ambassador to the Union of Soviet Socialist and in accordance with the rules of the Hilliard, minors; Republics, without affecting his mUitary sta committee, I desire to give notice that a H. R. 2885. An act for the relief of Mrs. tus and perquisites; and public hearing has been scheduled for Frank Mitchell and J. L. Price; H. R, 5671. An act making appropriations Friday, March 15, 1946, at 10:30 a.m., in H: R. 2904. An act for the relief of Clyde to supply urgent deficiencies ill certain ap the Senate Judiciary Committee room, Rownd, Della Rownd, and Benjamin C. Day; propriations for the fiscal year ending June H. R. 3065. An act for the relief of Standard 30, 1946, and for other purposes. upon the nomination of Brice Clagett, of Dredging Corp.; · _· Maryland, to be associate judge of the H. R. 3076. An act for the relief of the REPORTS OF NAVAL AFFAIRS COMMITTEE Municipal Court of Appeals for the Dis estate of Nellie P. Dunn, deceased; FILED DURING THE RECESS trict of Columbia, vice Hon. Nathan H. R. 3100. An act for the relief of the legal Under the authority of the order of the Cayton, elevated. At the indicated time guardian of Rolland Lee Frank, a minor; Senate of the 5th instant, and place all persons interested in the H. R. 3161. An act for the relief of Mrs. nomination may make such representa Ruby Miller; Mr. WALSH, from the Committee on Na H. R. 3185. An act for the relief of the val Affairs, submitted the following reports tions as may be pertinent. The subcom estate of Senia Lassila, deceased; on March 7, 1946: mittee consists of the Senator from H. R. 3217. An act for the relief of Mattie S. 1812. A bill to provide reimbursement for Nevada [Mr. McCARRAN], chairman, the Lee Wright; personal property lost, damaged, or de Senator from Mississippi [Mr. EASTLAND], H. R. 3355. An act for the relief of Eliza- · stroyed as the result of explosions at th~ na and the Senator from Oklahoma [Mr. beth Jones Hansel; val ammunition depot, Hastings, Nebr., on MooRE]. H. R. 3365. An act for the relief of Kay April 61 1944, and September 15, 1944; with ·Beth Bednar; out amendment (Rept. No. 1016); MESSAGES FROM THE PRESIDENT H. R. 3391. An act for the relief of Law S. 1862. A bill to repeal section 1548, Re APPROVAL OF BILL rence Portland Cement Co.; vised Statutes (34 U. S. c. 592); without Messages in writing from the President H. R. 3400. An act for the relief of Herbert amendment (Rept. No. 1017); W. Rogers; · S. 1872. A bill to provide for the rank of of the United States were communicated H. R. 3480. An act for the relief of Miss original appointments in the Cor::s of Civil to the Senate by Mr. Miller, one of his • Ruth Lois Cummings; · Engineers of the United States Navy, and for secretaries, and he announced that on H. R. 3483. An act for the relief of Mr. other purposes; with an amendment (Rept. March 6, 1946-, the President had ap- . and Mrs. Cipriano Vasquez; No. 1018); and proved and signed the act (S. 1129) for H. R. 3525. An act for the relief of Owen S. 1907. Ail original bill to authorize per the relief of Willie H. Johnson. Young; manent appointments in the Regular Navy H. R. 3591. An act for the relief of Addie and Marine Corps, and for other purposes MESSAGE FROM THE HOUSE Pruitt; (Rept. No. 1019). A message from the House of Repre H. R. 3823. An act for the relief of Ger REPORT OF NATIONAL ADVISORY COUN sentatives, by Mr. Maurer, one of its trude McGill; H. R. 3846. An act for the relief of the es CIL ON FOREIGN LOAN POLICY-MES reading clerks, announced that the tate of Eleanor Wilson Lynde, deceased; SAGE FROM THE PRESIDENT House had passed without amendment H. R. 3948. An act for the relief of Mrs. the following bills of the Senate: The PRESIDENT pro tempore *'.id be Cliiford W. Prevatt; fore the Senate a message from t.he Pres S. 176. An act for the relief of the city of H. R. 3985. An act for the relief of Kil Memphis, Tenn., and Memphis Park Com patrick Bros. Cq.; ident of the United States, which was mission; H. R. 4115. An act for the relief of the es read and referred to the Committee on S. 1532. An act to authorize the appoint tate of Eleanor Doris Barrett; . Banking and Cun'ency, as follows: ment of certain persons as permanent briga H. R. 4174. An act for the relief of Meyer United Kingdom and the Do quirements for the National Mediation "and" down to and including "duty" in minion of Canada. It is hoped also to have Board, including the National Railroad Ad line 6 and insert ''while on the retired representatives of the Parliaments of the justment Board and the National Railway list shall be entitled to receive 75 percent Australian Commonwealth, New Zealand, Labor Panel for the pt"riod ending June 30, of the base pay of a rear admiral of the and the Union of South Africa, and possibly 1946 (with accompanying papers); to the a representative of the Central Legislature Committee on Civil Service. upper half and 75 percent of the per of India. . sonal money allowance prescribed by The Bermuda branch of the ·association DISPOSITION OF EXECUTIVE PAPERS section 3 of such act of March 21, 1945. have lively recollections of the courtesies A letter from the Archivist of the United "SEc. 3. The P:.esident is hereby au extended· to their representatives who took States, transmitting pursuant to law, a list thorized, by and with the advice and con part in the parliamentary gathering at Ot of papers and documents on the files of sev sent of the Senate, to appoint to the per tawa in 1943 at the invitation of the Do eral departments and agencies of the Gov manent grade of admiral in the Coast minion of Canada branch of the association, ernment which are not needed in the con and who subsequently visited Washington duct of business and have no permanent Guard any individual who shalL have as the guests of the Congress of the United value or historical interest, and requesting served as Commandant of the Coast States. Being impressed with the value of action looking to their disposition (with Guard, with the grade and rank of ad the parliamentary contacts and inter accompanying papt"I's); to a Joint Select miral, after March 21, 1945, and before changes of views which took place on that Committee on the Disposition of Papers in August 14, 1945. Any officer appointed occasion, the members of this legislature the Executive Departments. under the provisions of this section shall would propose, if this invitation is accepted, to provide opportunities during the visit for The PRESIDENT pro tempore ap receive the pay and allowances pre pointed Mr. BARKLEY and Mr. BREWSTER scribed by section 3 of the act of March the discussion of some matters of common interest at informal conferences. members of the committee on the part 21, 1945 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 United States Senate 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., New Mexico, 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 paiAru1 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 dCLINTON ANDERSON, bility. tion with the famine situation in Europe, Secretary of Agriculture, I have no doubt that they will use their Department of Agricu lture, powers wisely. I call attention to the text of a day letter Washington, D ."'c.: The Supreme Court has reminded us that telegram sent from Florida on February I have your message, and I would like to •'Although the administrative process has 26 by former President Hoover to Sec be of help in any question of starving peoples. had a ditferen t development and pursues retary of Agriculture Anderson, accept I recently issued a statement supporting somewhat different ways trom those of ing the invitation of tlle Secretary that President Truman's call for conservation of 1946 . CONGRESSIONAL RECORD-SENATE 2047 food on the assumption that desperate need dertaking, so the papers state, to have the farm commodities if the law should be ex had been established. various commodity exchanges increase their tended. On thinking the matter over I do not margin requirements on cotton to the It is the opinion of many persons engaged believe the suggested general committee or amount of $50 per bale, or $5,000 per contract in the farming industry that the acute short ganization outside of the Government, of 100 bales. . age of supplies, as well as the existence of though helpful, would_cover the whole emer It is the obvious purpose of this move to the numerous strikes, is the direct result gency. I recommended to the President last force the price of cotton down. Even the of the mistaken policies of the Office of Price May that all control of food, scattered over suggestion of this unprecedented act caused Administration and if the hearings develop different Goverment agencies, should be the price of cotton to fall over $5 per bale, the facts that the present rules and regula lodged in you as Food Administrator, because thus causing ·a loss to the owners of the tions with respect to farm prices are re that office is inseparable from the Secretary 11,000,000 bales of cotton in the United states sponsible for the present low prices of farm ship of Agriculture. I am advised that this of some $55,000,000. commodities when compared with the prices was not done. It should be done now. In The same tough policy proposed to be put of industrial products and the wages of labor, any event only an official of Cabinet rank in force against;. cotton has had a similar and if it is developed that the production and an existing organization can create and effect upon the price of stocks listed ·on the of farm products necessary for food and direct tile qt:.ick campaign that is needed various exchanges of the country. clothing will be retarded rather than helped now because shipments from the United Commentators, in analyzing the effects of by a continuation of such rules and regula States after the er:d of June will be of no radio statements by responsible officials, tions, then it will be the policy of the rep· avail in this famine and it is already very state that such policy caused a slump in the ·1·esentatives of the farm industry to oppose late to start. value of stocks of some $4,500,000,000. a continuation of any law that will give the In order that there be no delay in giving Those favoring a tough policy with re Office of Price Administration the power to you the advice you request, I suggest steps spect to prices of industrial and farm com fix prices on farm products. in voluntary organization as follows: modities must favor a system wherein one The many letters coming to my office con The first step is for you as Food Adminis man, or a small group of men, may, by mak vince me that the opinion is current through trator to be given complete authority over ing a single radio speech or using their of out the agricultural sections that the Office elimination of waste and unnecessary con ficial position, try to control prices either of P:r;ice Administration is definitely opposed sun,wtion, hoarding, substitution of foods, by discretionary power or through bluffs to farmers recouping any of their losses sus ancr control of exports and imports. raise or lower prices at will. tained during the depression and to that The second step in order to gear your or· Farmers are the only group in America extent farmers generally are being discrim ganization is to determine: that have not had a break during the war inated against by the agencies of their Gov· (a) World need. period. Wage earners have had their income ernment. (b) World surpluses. increased in some instances by more than This· general belief is the prime cause of (c) Possible American surpluses. 300 percent. Industry has made such profits the millions of farmers who have already left as to force the Congress to provide a system the farm and migrated to the cities seeking (d) What kind of food in all cases. work in industry. Further, it is the cause (e) How much of each kind of food you can of renegotiation in order to keep such profits of many farm boys returning from military and should export from the United States at a reasonable level. service refusing to return to the farm, and without injury to public health. Farmers, during the long years of the de instead seek homes and positions in the I cannot adequately advise on this phase pression, were forced to produce the fooHERBERT HOOVER. tion over agricultul·e matters, as chairman of such committee the moment the House northern California canneries. This is GIVE FARMERS A BREAK-STATEMENT committee reports the Price Extension Act to not a controversy between employer and BY SENATOR THOMAS OF OKLAHOMA the House and we know the provisions of employee. The disruption of the canning Mr. THOMAS of Oklahoma. Mr. the bill, I propose to call the Senate com industry is a result of a jurisdictional President, I have just released to the mittee together to consider the present status fight between the CIO Food, Tobacco, of agriculture prices under the existing law Agricultural and Allied Workers' Union press a statement entitled "Give Farmers and under the law that may be passed ex a Break." I ask permission to have the tending the life of the Office of Price Admin of America and the A. F. of L. Cannery statement printed in the RECORD at this istration. Workers' Union, affiliate of the Team point in connection with my remarks. In order to develop the facts, the repre sters' International. There being no objection, the state sentatives of the various farm organizations The State of California leads the Na lllent was ordered to be printed in the will be invited to attend the hearings. Also, tion in the combined volume of produc RECORD, as follows: the secretaries and directors of agriculture in tion of processed fruits and vegetables. the eeveral States will be invited. In addi Today's papers contain news stories to the tion, the representatives of industries proc Of the total of nearly 170,000,000 effect that· the Office of Price Administra essing, distributing, and dealing in farm com cases of fruits and vegetables packed .tion will adopt a tough price policy with modities will lilcewise be invited to advise in the United States in 1945, Cali respect to farm products generally. the committee with respect to the effects fornia produced more than 55,000,000 The OPA, working in conjunction with the upon production of the existing law and the cases or nearly one-third of the Nation's Commodity Exchange Administration, is un- probable effects upon future production of total output. Approximately 60 percent 2048 CONGRESSIONAL RECORD-SENATE MARCH .8 of the entire national fruit pack is pro lnternatiorial, htis had an exclusive bargain labor statesmanship of its own when it failed duced in California, while 23 percent of ing contract with the canners o! northern to resist the temptation to write its own the total vegetable pack is produced in California. The current contract, of 1 year's interpretation of the Wagner Act into its that State. duration, expires today. decision. The face it stands to lose in re Last fall th~ CIO Food, Tobacco, Agricul versing itself now is trivial as compared with The membership of California Proces tural and Allied Workers' Union of America, the amount of the same commodity it may sors and Growers, Inc., process nearly 80 the FTA, which had undertaken to organize relinquish if the pending ma.ss crop-rotting percent of the total volume of fresh the cannery workers, asked the NLRB to hold becomes a fact. fruits and vegetables (exclusive of citrus an election to determine whether the major And, unfortunately, the NLRB's face is not fruits) packed in California, and em ity o! workers preferred the AFL or the CIO. the only factor at stake at this moment. ploys 80 percent of those gainfully em On the basis of counted ballots, the CIO - The health of a few million Americans, and won a plurality by some 1,200 votes, but the lives of a few million unfortunates else ployed in the canning industry of the failed to win a majority. The AFL promptly where in the world, demand consideration in State. Based on the near-record produc challenged some 1,.290 of the ballots, and this crisis. tion of 1945 and with the knowledge that the Labor Eoard declared the election null the canning industry plans in 1946 to and void, and recommended another election Mr. President, since the date of the equal or exceed this record, it is esti be held at the next period of fullest employ editorial I have just read, the teamster mated that the entire fruit and vegetable ment in the industry-next July or August. blockade continues at all plants covered canning industry will employ approxi But the NLRB did not stop there in its by the Labor Relations Board order. Re mately 51,750 workers to produce proc decision. It went on to proclaim, in the sults so far are that one plant at Stockton words quoted above, that "in accordance closed; one Oakland plant has had to essed fruits and vegetables having a retail with well-established principles" the em value of more than $335,000,000. The ployers had but two alternatives during the reduce operations 40 percent; one San membership of California Processors and season just ahead-to bargain with all unions Jose plant has had to reduce 65 percent; Growers, Inc., expects in 1946 to employ on an impartial basis, or to bargain with two Alameda County plants are down approximately 41,400 workers to produce none. one-third; construction programs are be 44,000,000 cases of fresh fruits and vege The AFL, thus seeing its exclusive _grip on ing starved out for lack of materi$ in tables with an estimated value, at cur the industry broken by Boai'd ruling with six plants; others are faced with pro out the benefit of a valid election, rebelled. gressive shut-downs while the spinach rent prices, of $264,000,000. The CIO, on the other hand, quite under It is this food supply which is jeopar standably hailed with joy this opportunity crop starts to arrive in volume this week dized by a jurisdictional fight between to get its foot in the door without the usual end.· While the actual crop losses are at the American Federation of Labor can recourse to a formal election. a minimum so far, the perishable nature neries union and the CIO Food, Tobacco, So the teamsters said, in effect, "Extend of cr0ps now maturing means that disas Agricultural and Allied Workers' Union of our 9-year contract until such time as a trous losses of food will be inevitable be America. new election is held, or we won't play." ginning within the next few days because And the CIO told the employers, in effect, of lack of trucking and also the impossi On Friday, March 1, the San Francisco "You heard what the NLRB said, now abide Chronicle pointed out in a lead editorial by the ruling." bility of making.plants ready for opera the seriousness of the problem and the The employers, this time, are by no means tion. · complications growing out of the deci alone in their role of innocent bystander In addition to the American Federation sions of the National Labor Relations caught in the middle. They have with them of Labor active blockade, the industry Board. The editorial reads as follows: the farmers, who stand to lose the profits of has recently received a telegram from a year's labor; the American public, which WHILE THE WORLD GOES HUNGRY the CIO announcing that the steel work stands to lose a third of its fruit and vege ers holding contracts with can manu A few weeks back the Nationa-l Labor Rela tables for the year; and a few million hungry tions Board penned some words which in the world citizens, who se-em about to learn that facturing companies intend to "give normal course of events are going to have an the vaunted American food surplus which was fullest support to the FTA-CIO cam effect upon the entire world. Because the to tide them through the next year is in large paign." ramifications of -these words are important PJU't a mirage. In between the pressures of these two to the California housewife, the Czecho The neutrals who are charged with un great and powerful labor organizations slovak peasant, the Russian worker, and the raveling this knot like to dream of going is the major part of the canning indus French tradesman, they bear quoting. back to the day the NLRB rendered its de,; Discussing last fall's challenged elections cision, and conjuring up a ruling which try of California. Starting today the among the northern California cannery merely voided the election, without any spinach crop should be coming into these workers, the Board ruled that the results of added strings with regard to what the em plants-the estimated 1946 pack is 48,000 the election should be set aside. But the ployers could or coUld not do by way of .bar tons. On April 15 the asparagus crop important words are theile: gaining. That way, the AFL could have will start coming in with an estimated "While we view the record as requiring renewed its contract, the CIO could, had it pack of 53,170 tons; apricots June 15 this result, we reach it with considerable desired, have challenged the legality of it, with an estimated pack of 260,000 tons; reluctance, because it means that the em and the whole thing could have gone into 15 ployees will have no bargaining representa extended litigation. In the middle of the peaches on July with an estimated tive to negotiate an exclusive collective litigation, the regular election could have pack of 754,000 tons; pears on July 15 agreement to cover the coming season, until been held as scheduled next summer, and with an estimated pack of 290,000 tons. a new election can be held, which may re the result would have rendered the litigation The American Federation of Labor has sUlt in one of the rival unions being certi s-trictly academic anyway. Meanwhile, the filed new union shop agreements with fied. The current AFL contract will expire produce would have been canned on sched about 20 canneries not under the Na on March 1 and, s1nce the legal e1Iect of the ule. tional Labor Relations Board order foregoing determination is to keep the ques But that's just a pipe dream. What the which have a small total capacity and · tion of representation pending before the conciliators have to face now is the problem Board, none of the unions is entitled to an of which alternative they can persuade the they are operating without interference. exclusive status as the bargaining agent after parties to accept--if any. With the serious food shortages fac that date • • • ." The teamsters' union could, if it chose, ing the world· this is not a time for a pri Today is March 1. As of this date the back down from its boycott. This would vate fight for prestige or position on the AFL Teamsters' Union has s'Cheduled a boy const~tute a piece of labor statesmanship part of either the American Federation cott of northern California's canneries, which which would gain the union more in public of Labor or the Congress of Industrial Will close them up tighter than a drum. In esteem than it stands to lose in leaving the the next 4 or 5 months, unless some settle Organizations. They both have a public CIO's foot in the door. 1·esponsibility and a public 8.ccounta ment 1s reached, one-third of the Nation's · The NLRB could, 1f it chose, modify its annual crop of canned fruits and vegetables decision, even at this date, to leave the way bility. These two great and powerful the normal allotment of this prolific region open for litigation to take place while the labor organizations should be the first will rot in the fields. At a time when the crop is being canned. to recognize that with power must go United States has shouldered the burden of Such action on the part of the Labor Board responsibility. Collective bargaining as feeding a good part of the world, as well • would involve loss of face, true, but the loss established by national law was never as its own people, the consternation will not would be rather nominal. Its bureaucratic meant to entail collective bludgeoning. be limited to Americans. Other, hungrier face is not in very good repair at this point peoples will turn to us with the same ques anyway, considering that, through .its stub The National Labor Relations Board is tion, "Why?" born administration of book rules, it has the agency primarily responsible for the It will be the purpose of this editorial to jockeyed a vital industry into a cul-de-sac development of this chaotic condition in ::educe the answer to its simplest terms. which 1s currently baffiing the best minds California. Theirs is the prime re For the past 9 years, the AFL Cannery of the conciliation service. The NLRB sponsibility in finding an immediate :Workers' Union, an aftl.liate o! the Teamsters• muffed a golden opportunity for some bright method of bringing order out of chaos. 1946 C.ON.GRESSIONAL RECORD.-SENATE 2049 However, time is of the essence. The to reconversion by clinging to unrealistic munist movement. The internal ad Secretary of Labor should call into con :Wartime price ceilings. ~inistratiQn split between the Roosevelt Unblock the production of materials caused ference the responsible labor officials and by unrealistic wartime price controls and the Reds on the one hand and the Truman bring home to them the necessity of an building industry will build enough homes Politicians on the other, has made the immediate solution to this· jurisdictional for veterans and all Americans. CJO the balance of power in the execu controversy. It is a sufficiently impor Any Government program that does not ·tive branch of our Government. Labor tant matter for the President of the .first remove the obstacles blocking produc racketeers, drunk with authority derived United States to give it his attention. tion of materials will simply add additional from New Deal legislation, have put a Certainly the Congress of the United (litn.culties to the problem facing the building stranglehold on reconversion. This has States must itself take an interest in industry. been accomplished by a two-way pro seeing to it that jurisdictional disputes STEPHENSON-BROWNE LUMBER Co. gram; first, by forcing the administra T. J. HUGHES LUMBER Co. of this kind are not allowed to jeopardize LoNG BELL LUMBER Co. tion to continue wartime control of prices our food supply, retard our reconversion and critical materials that prevents mass program, and by retarding production Mr. President, I think that is the situa production, and at the same time forcing add to the inftationary danger with tion and the sentiment and the under the administration to remove wage con which our Nation is faced. standing of the people throughout the trols, until a pattern for wage raises had There has never been a time in the country. For the life of me I cannot been well established. Thus the eco history of the Nation when it was more understand how the Congress of the nomic gap was widened and the damage important for the leaders of organized United States can, in response to the to private enterprise was increaseq, and labor to demonstrate their statesman sentiment and understanding of the peo the movement to a socialized economy ship. Now is the time and here is a place ·ple of the country, see any sense in the accelerated. The second part of this to demonstrate that they have this sense extension of the OPA. two-way program entailed work stop of responsibility and are placing the Mr. President, the Case labor bill pages, destruction, and violence in our public interest paramount. passed the House by an overwhelming key industries, and particularly among .THE TRUTH ABOUT HOME BUILDING IN majority of 258 to 155. This vote is a groups of employees serving municipal 1946-WORK STOPPAGES IN INDUSTRY reftection of the public demand that the ities and public utilities. Congress place necessary legal limita We are now going into the seventh Mr. MOORE. Mr. President, Cushing, tions upon labor unions and industry to month since VJ-day and reconversion is Okla., is a city of substantial size and end the chaotic economic conditions re yet at a standstill. Shortages are be typical of many such places in the United sulting from the Nation-wide CIO Com coming more severe. Prices are increas States. It has the usual number of in munist-inspired labor stoppages and to ing and inftation is rampant. A large dustries, including three lumber yards protect the public from violence. The segment of the public is inadequately which have no lumber or material to vote was the voice of the people exclaim housed. Yet the tools of industry are sell. The three lumber companies have ing in no uncertain terms that they are decaying in rust for lack of use. The made a statement in the form of a paid sick and tired of the antics of these law people are discouraged. Incentive and advertisement, . which I wish to quote less mobs masquerading as labor unions. ambition are dying. Bureaucracy grows with approval. It reads as follows: Work stoppages and the shut-downs of bigger and more powerful. Survival of THE TRUTH ABOUT HOME BUILDING IN 1946 production experienced since VJ-day private enterprise is threatened. Con It's time veterans and all citizens were told cannot be dignified by the term ''labor stitutional government has become a the truth about the home building situation. strikes." Actually, they are outbreaks of thing of ridicule. The administration The main bottleneck to home construction communistic revolutionary forces. True, laughingly tells us that everything is go is production of materials and equipment. they are led by small minority groups; No legislation, Presidential announcement, ing to be all right. Government-control plan, or system can pro nevertheless, 1f they are not brought It was encouraging to see so many duce a single additional home until produc within legal restraints applicable to all Members of the House heed· the voice of tion of materials is speeded up. the rest of the population their lawless the people and pass the Case bill as a Lumber dealers and the building industry aCts will lead to a complete national timid step forward in making these law are eager to build homes for veterans and break:-down of our social and economic less mobs amenable to legal restrictions all citizens who need them. The reason few institutions. We have witnessed the re applicable to other citizens. At that homes are being built is because materials cent spectacle of four large cities-New are not being produced. point progress stopped. The public is Why? York, Philadelphia, Pittsburgh, and due for another disappointment. I re 1. Governed by OPA's wartime pricing for Houston-prostrate at the hands of fer to the action of the Education and mulas, it is still more profitable for lumber public employees under the leadership Labor Committee of the Senate which mills to make items for export--and the of labor racketeers. We have witnessed ha~ made it clear that neither the Case items formerly required for war use, than it the unrestrained violence and terror bill nor any similar legislation will be is to make lumber usable in home construc of these organized mobs, as exempli passed. The chairman of that commit tion. fied at the Yale & Towne Lock Co., of 2. OPA's wartime pricing formulas are still tee is reported in the press as having keeping 'thousands of small mills out of Stamford, Conn., where officials attempt publicly stated, even before the hearings production. ing to enter the plant were beaten on the bill were concluded, that the pro 3. OPA's enforcement policies have al into insensibility. We have witnessed posed legislation would never be reported lowed the creation of a large black market riots, violence, and, in a few cases even from the committee. I am now informed in lumber which is moving outside of regular murder in St. Louis, Detroit, Chicago, that the Case bill has been rejected, and channels of trade. and dozens of other industrial centers. . 4. OPA's slowness in adjusting mill ceil that a subcommittee has been appointed Ing prices on hardwood fiooring, siding, mill We have sufiered the indignities of un to write a substitute measure, with as work, and plywood has contributed to the controlled rioting on the west coast by Communist-led mobs. Local authority surances from the chairman that no difficulties mills are having in securing nec ¢rastic legislation will be recommended. essary manpower. has been either inadequate or too timid With 400 brick and tile plants closed, it to cope with these national organiza In the face of the evidence that has been took 6 months for OPA to adjust prices. tions. The work stoppages and the vio so forcefully presented to so many com Now an additional 125 plants have opened lence have predominantly occurred in mittees of the Congress on many occa and production is up 35 percent. industries engaged in interstate com sions in recent months, it is hard to es Cla.y sewer pipe, cast iron soil pipe and cape the conclusion that the action of gypsum board manufacturers have experi merce and subject to the National Labor enced a similar OPA delay in the granting of Relations Act. ~he committee in refusing to report this price adjustments to make increased pro The administration has proven itself piece of legislation is anything short of duction possible. as inadequate or as timid as the local political expediency and amounts to an No amount of juggling with an insUfficient authorities. In a thoroughly confused acceptance of the rule-or-ruin policy of supply will produce a single home more than state the administration has aimlessly these CIO Communist mobs which are can be built wrth material available. led in many cases by sympathizers and The OPA can hardly hold present price wandered from one ineffective sugges ceilings when it has no control over volume tion to another. advocates of Russian totalitarianism. or employment, labor wage rates, cashing of On more than one occasion I have as So long as the communistic forces that Government bonds, and install.rnent or credit serted that the present administration are responsible for our labor stoppages, expansion-but the OPA can act as a block i.s obviously a captive of the CIO Com-: the freezing of produ~tion, a controlled XCII-130 2050. CONGRESSIONAL RECORD-SENATE MARCH 8 economy, high prices, and inflation con the council approved, on recommendation of shared by all the port interests and steam tinue to operate, stagnation will prevail. our executive committee, the following vote: ship operators on the Atlantic coast. New Ultimate collapse is certain, and with it · "That it is the opinion of the directors of England steamship operators tell us that, in the New England Council that the proposed their opinion, the St. Lawrence-Great Lakes our constitutional form of government development of the St. Lawrence River for seaway would not afford New England ship will vanish. power and navigation purposes is not in the pers the kind of transportation service that The responsibility is squarely upon the interest of the economic welfare of the New they need; also that the 27-foot depth pro shoulders of the majority party mem England area, nor necessary to the national posed is too little for modern ocean vessels bership of the Congress. The House has defense." and too much for lake vessels. acted, not once, but on numerous occa This vote is essentially a reaffirmation of a As to the power aspects of the St. Law sions, with courage_and with sound eco vote adopted by the executive committee at rence project, we find no definite prospect nomic and social foresight. On each its meeting in March 1941, and communi of benefit to New England. We are advised cated at that time to the Governors of the that the costs of developing power as pro occasion the Senate has yielded to forces New England States and to members of the posed would be about $500 per kilowatt of that are not in tune with Americanism. New England delegation in Congress. capacity. If only one-half of this amount I suggest to the majority membership Our consultation with representatives of is to be charged to power, the cost per kilo that they must be prepared to assume various elements in New England's economy, watt of capacity will amount to about $250. full responsibility for the consequences and the discussions within the executive com We are informed that steam power capacity that must surely follow their negative mittee as well, provided the basis for the can be installed in the area to be served policy. above statement of the council's position. by the St. Lawrence development for ap There is nothing in the Case bill as it With the exception of certain groups and proximately $100 per kilowatt. individuals in Vermont, we found little or • We are further advised that the assump came from the House that is antilabor no support for the project anywhere in New tion that a ready marlcet exists for the 1,- or can fairly be described as drastic. England. In fact, we found vigorous opposi 650,000 kilowatts that it is proposed to de The provisions of the House legislation tion among the numerous elements and in velop is not warranted by the currently impose upon labor unions no restraint diverse localities throughout our region. available facts. not imposed upon every other citizen of You will recall that as recently as 1941 the In 1944, New York State had an installed this country. Vermont Legislature adopted a joint resolu capacity of 5,148,000 kilowatts, and exper t1,on in opposition to the St. Lawrence enced a peak load during the war period Millions of our people are desirous of of only 4,417,000 kilowatts. New York has, working. We have hungry markets, and· scheme. We found practically no belief in New therefore, a surplus capacity available of only by releasing the forces of production England that execution of the project would 731,000 kilowatts. The six New England can we satisfy these markets and return be immediately and directly beneficial to States in 1944 had an installed capacity of to a stable economy and reasonable New England, though some individuals ex 2,858,000 kilowatts, and experienced a war prices under the private-enterprise sys pressed the view that possibly New England time peak load of 2,261,000 kilowatts. Thus, tem. should refrain from disapproving a project New England had, even during the peak of which is regarded in other areas as likely to war production, a surplus capacity of 587,000 THE ST. LAWRENCE SEAWAY prove helpful to them. However, our execu kilowatts. For both New York and New Mr. AIKEN. Mr. President, on Jan tive committee reached the conclusion that England, the combined surplus, over and the prospects of benefits to other regions are above that required for war production, was uary 21, 1946, Mr. Frederick S. Blackall, 1,318,000 kilowatts. Jr., president of the New England Coun not great enough or sufficiently assured tore quire that New England set aside its convic Since 1944, there has been or is being in cil, wrote a letter to the Senator from tion that the project, if executed, would be stalled in New England and New York about Massachusetts [Mr. SALTONSTALL] set definitely hurtful to this region. 600,000 kilowatts of additional capacity to ting forth the objections of the directors Our conclusions may be summarized as take the place of less efficient units. The of the New England Council to the pro follows: present-day peak loads in both New York and posed St. Lawrence seaway development. The proposed seaway, if successful, could New England are declining from the prewar The letter to the Senator from Massa not fail to take traffic away from our New ~er~od , an~ the amount of surplus capacity chusetts was made public, and several England railroads, possibly to the extent of IS mcreasmg. Therefore, it would appear impairing their ability to continue to pro.:. indisputable that the only way to sell addi thousand copies of it were distributed tional power from the St. Lawrence insofar among New England businessmen. The vide the high standard of service required by New England industries in their competition as t~e Uni~e~ States is concerned is by re letter contains so many unfortunate and with industries in other parts of the country. placi~g ex1stmg capacity. Regarding Can erroneous statements that I have felt Owing to the freezing of the seaway in win ada, It is the understanding in the power in that it should be replied to. So I have ter months, its traffic would be diverted to dustry that that country still has large done so, and in writing to Mr. Black all I the railroads, thus requiring them to main a~ounts of unused hydroelectric power capa have pointed out wherein the directors of tain excess equipment beyond the require city, and undeveloped sites where large the New England Council were misin ments of the warm-weather months. This amounts of power can be obtained at less formed and wherein they have distrib would be neither economical, efficient, nor cost than on t he St. Lawrence. In view of the fair to the owners of those properties. Our above figm·es, it appears to us clear that the uted misleading statements in publiciZing railroads cannot be expected to compete suc power made available by the proposed de the letter and giving it wide distribution. cessfully with subsidized transportation ln velopment of the St. Lawrence can be cheap Mr. President, I ask unanimous con the St. Lawrence-Great Lakes areas. power only to the extent that it is subsidized sent to have printed at this point in the At the present time our New England ports, by the taxpayer. As a New Englander, and a RECORD as a part of my remarks the letter and especially the port of Boston, are mak former Governor of Massachusetts, you do from Mr. Blackall to the Senator from ing definite plans and undertaking large not need any information from us as to how capital expenditures for the improvement of the people of New England feel about such Massachusetts [Mr. SALTONSTALL]. I am subsidies. th~ir facilities and services. These plans sure the Senator from Massachusetts will are based in part upon the expectation of se From a national, rather than a regional, have no objection, because thousands of curing a substantial fiow of traffic f10m the standpoint, the council's executive commit copies of the letter have already been Middle West and southern Canada. These tee members, directors, and others whom we distributed. I also ask that my reply to plans and these expenditures will come to have had opportunity to consult are totally Mr. Blackall, in pointing out the fallacy nothing and, indeed, will entail large losses unconvinced that the execution of the St. of his letter, be printed in the RECORD if a great artery. for ocean-borne commerce Lawrence project is a sound or desirable un immediately following. is opened up via the St. Lawrence and the dertaking on the part of the Federal Govern Great Lakes, accessible to the areas to which ment at the expense of the taxpayers of the · There being no objection, the letters our New England ports must loolc for a -large whole _cou~try ·. I am sure it is not necessary were ordered to be printed in the RECORD, part of their traffic. If the proposed seaway to review m this communication the various as follows: were used to the extent that its proponents f~cts and considerations in support of this NEW ENGLAND CoUNCIL, predict, it would mean less and less u;:;e of v1ew of the project. We do wish to em Boston, Mass., January 21, 1946. our New England port facilities and greatly phasize our firm conviction that New Eng Hon. LEvERETT SALTONSTALL, diminish the water transportation services land, in consideration of its own economic in United States Senate, available to New England indurtries, both terests, should and must disapprove Senate Washington, D . C. coastwise and overseas. Without the seaway, Joint Resolution 104 and its companion bill MY DEAR SENATOR SALTONSTALL: In reply to New England ports and New England ra11- in the House of Representatives. your recent inquiry as to the position of the roads will have a hard enough battle to se With appreciation of your consideration in :f.lew England Council with respect to the cure a fair share of the tramc from the Mid inviting this expression of our views, and with current proposal before Congress regarding dle West and southern Canada; with the warmest regards, I am the St. Lawrence project, I may state that at seaway their chances of success will l:'c negli Very faithfully yours, their eighty-first quarterly meeting, held in gible, except for a part of the year. We are FREDERICKS. BLACKALL, Jr., Boston, November 15 last, the directors o! authoritatively advisetl that this· view bi President. 1946 CONGRESSIONAL RECORD-SENATE 2051 MARCH 7, 1946. be one of the chief beneficiaries of the sea capacity. According to the Federal Power Mr. FREDERICK S. BLACKAt,.L, Jr., way. With little danger of existing traffic Commission, the costs would be about $89 President, New England Council, being diverted, Boston stands to gain a large per horsepower of installed capacity, which Boston, Mass. volume of new commerce. New England im would make the cost per installed kilowatt DEAR MR. BLACKALL: I have received a copy ports large amounts of raw materials and only about one-fifth the amount you suggest. of the letter which you, as president of the foodstuffs from the Middle West, and with According to the best engineers of the War New England council, wrote to Senator SAL completion of the seaway project these would Department and the Federal Power Commis TONSTALL under date of January 21, 1946. be shipped by water from the Great Lakes sion, the cost of developing St. Lawrence It appears from this letter that you have into Boston Harbor. At the same time, New power would be about 1 mill per kilowatt . been grievously ill-advised concerning the England shoes, machinery, fish, and other hour at the dam, including service and amor merits of the St. Lawrence seaway develop products would move from Boston Harbor to tization charges. The cost of laying down ment and its probable effect upon New Eng Buffalo, Cleveland, Chicago, and other ports St. Lawrence power at Providence, R . I., is land industry-as a result of which, you have, on the Lakes. A similar increase in water estimated at 2.11 mills per kilowatt-hour, in the wide distribution of the letter ad borne commerce with the Middle West could including fixed charges and overhead. This dressed to Senator SALTONSTALL, distributed be anticipated by other port cities along our compares with a cost of generating power at misleading statements among the members seaboard." the New England Power Association station of N_ew England industry. I also quote from the testimony of Mr. at Providence of 4.32 mills per kilowatt-hour I wish to point out wherein the letter which Henry I. Harriman, of Boston, then president for the year 1944, to which amount must be you addressed to Senator SALTONSTALL con of the United States Chamber of Commerce, added fixed charges and overhead. veys impressions not in accord with the facts. before the Senate Foreign Relations Commit Your statement to the effect that New Eng Your first. conclusion is that the proposed tee a few years ago. Mr. Harriman estimated land and New York already have adequate seaway would take tramc away from New Eng the effect of the St. Lawrence seaways on New generating capacity is completely Indefensi land railroads, possibly necessitating a re England ports in these words: ble. During the war the Federal Government duction of rail service and that it would "The total annual traffic available on the not only found it necessary to close down be necessary for the railroads to maintain most conservative basis for a water route be aluminum plants built at a cost of $72,000,- excess equipment during the winter months tween New England and the Great Lakes will 000 in the New York area for lack of power, to handle the tonnage which would be water be not less than 6,000,000 tons, and very prob but we imported every kilowatt-hour we borne by way of the St. Lawrence during the ably it will be twice that amount, and the could get from Canada on a day-to-day basis. warm-weather months. annual saving to our New England indus Can it be that the directors of the New According to factual data furnished by re tries will not be less than $16,000,000. What England council have already forgotten the sponsible Government agencies, the New Eng holds true for New England holds equally brown-outs and the urgent appeals for con land railroads normally require facilities to true for eastern New York and Pennsylvania." servation of electrical energy which were handle freight tonnage from spring until the I further quo~ the conclusions submitted prevalent only a short time ago? peak is 1·eached in October greatly in excess by a committee of 30 New England business In a letter to the Secretary of State dated of the facilities needed for the winter months. leaders, under the chairmanship of Charles February 16, 1946, Hon. Robert P. Patterson, R. Gow, former president of the Associated Secretary of War, speaking for the Joint There can be no contradiction of the fact Industries of Massachusetts in the later Chiefs of Staff in advocating the develop that if the railroads maintain adequate fac111- 1920's. ment of the St. Lawrence seaway, gave us ttes for moving freight during the' summer "The committee looks upon the proposed one reason for developing the seaway: and fall months, they will haye a large expenditure for developing the waterway as "A large source of cheap, dependable amount of equipment idle during the winter in the nature of a capital investment of a power, which can be generated without the months. Therefore, instead of necessitating national character upon which exceptionally use of coal or other critical combustibles and the maintenance of additional equipment liberal dividends will be returned in the without use of crowded rail or highway during the winter months, as your letter form of reduced transportation costs and the ·transportation facilities; this power would be suggests, the development of the St. Law general benefit and prosperity of a large and available in an area which, during World rence seaway will simply mean that New Important section of the country which at War n , was a power-deficit area." England railroads wlll have as much use for the present time is laboring under- a most The Secretary of War certainly has no their total facilities during the winter months serious and difficult economic handicap. It reason for misrepresenting the facts as to as they now have during the summer and further believes that the net result of the the power shortage In the Northeast. autumn. development of such a waterway will inci But, assuming your statement is correct It is evident from your statement, however, dentally be of considerable advantage to and that we already have a large surplus of that you do anticipate that an increased New England and the surrounding commu .generating capacity in New England, is it amount of freight tonnage will be produced nity, both from a broad national standpoint unfair to ask then: as a result of the St. Lawrence development, as well as that of purely local.self-interest. Why are the people of New England and otherwise you would not predict the necessity "The committee, therefore, places itself New York, with the exception of Connecti of the New England railroads maintaining definitely on record as favoring the early cut, required to pay the highest electrical additional equipment during the winter entrance of this Government into negotia rates prevailing in any area of the United months. tion with the proper o1Hcials of the Canadian States and why do the people of this area Your reference to subsidized transportation Government looking toward the prompt con have to pay twice as much for power and on the St. Lawrence is a red herring which summation of a treaty which will make pos light as do the people In the area served by has been continually promoted by the utility sible the undertaking of the enterprise and the Tennessee Valley Authority which is no companies'. urges upon all New England's local and na more favorably located for the production It has not yet been decided whether tolls tional representatives the desirability of of hydroelectric energy than we are? will be charged on the St. Lawrence or not, their full cooperation in every reasonable Why are 135,000 farms and rural homes in but in any case the costs of the maintenance manner to bring this result about." the States of New Hamshpire, Vermont, and would not exced $10,000,00::! a year. This Is a Why do you assume that the findings of New York alone still denied the benefits of very small price to pay to furnish access to the the United States Department of Commerce electricity? world markets for a hundred cities on the and the industrial leadership of New Eng Why is the New England power group Great Lakes as compared with the amount land during the past two decades are false desperately seeking new sources of power even now spent In subsidizing facllities· of a few and readily assume that the opinions of those though It would necessitate the destruction ports fortunate enough to be located on the who oppose the development for purely self of many beautiful valleys and thousands of sea. ish reasons are correct? acres o:f New England's finest farm lands I might also call your attention to the fact The statement that the 27-foot depth pro in order to generate this power? that the railroads were at one time subsidized posed for the St. Lawrence seaway is too Why do the utility companies claim on to the extent of one-tenth the entire land shallow for modern ocean vessels is refuted the one hand that they have a surplus of area of the United States and during World by the United States Maritime Commission, electrical energy and on the other hand de War n hundreds of millions of dollars have Which has urged the St. Lawrence project as mand that our public service commissions been spent in subsidizing rail transportation. a means of developing markets as well as for give them the right to destroy hundreds of our national security. our best farms? Your next objection to the St. Lawrence On February 19 of this year Capt. Edward Finally, let me call your attention to the seaway Is the disastrous effect which you Macauley, Acting Chairman of the Commis fact • that the Joint Chiefs of Staff have claim it would have on existing New England sion, testified before the Senate Foreign Rela;. urgently requested the development of the ports. tions Committee to the effect that the United St. LaWTence seaway in the interests of Here you are in direct contradiction with States now has 3,977 ships totaling 26,671 ,935 national security. the findings of experts in Government agen tons that would be able to use the seaway Why do the officers of the New England cies and able businessmen of your own com with a 27-foot depth. Council set themselves up as superior to munity. Turning to your objections to the power the experts of our Army and Navy 1n de The United States Department of Com aspects of the St. Lawrence project, I find termining what is necessary to our national merce states: that your statement regarding the costs of security? Is it because they are sure the "Boston, Philadelphia, Baltimore, and developing power is not in accord with the United States will never again engage in other ocean ports can expect substantial gains facts. · war? If they are, I sincerely hope their In shipping traffic 1f the St. Lawrence project You imply that the cost of developing judgment is right, but until I see more con is constructed. Boston Harbor, in fact, would )?ower would be about. f500 per kilowatt of crete evidence of their infallibility, I, for 2052 CONGRESSIONAL RECORD-SENATE MARCH 8 one, shall continue to give higher credence Whereas in our judgment the opening of liability for certain overpayments and to the best minds of our Army and Navy. deep-sea traffic through the St. Lawrence allow such credit therefore as is neces Frankly, Mr. Blackall, the position of the River and its attendant electric power de sary in the accounts of Guy F. Allen, New England Council directors in opposing velopment would be of truly tremenq.ous the St. Lawrence seaway more nearly ex value to the traffic needs of the whole Middle chief disbursing officer, was considered, presses the desires of the New England util West section of our country, and, through ordered to a third reading, read the third ity interests than it does the needs of New moderate-cost electricity, to the rural elec time, and ·passed. England agriculture, industry, and commerce, trification and industrial power needs of the THE EPIC OF THE GERMAN UNDER and the security of our Nation. whole northeastern section of the United GROUND-ARTICLE BY ALEXANDER B. I hope that the directors of the council States: Now, therefore, be it will reconsider the position which they have Resolved by the Board of Aldermen of the MALEY taken contrary to the recommendations of City of Burlington, Vt., believing we speak Mr. BRIDGES. Mr. President, dur the War and Navy Departments, the Com not only for a large majority of the citizens ing the war we heard a great deal about merce Department, the Maritime Commis of Burlington but with the approval of a the underground forces in Germany. sion, the Department of Agriculture, and majority of the people of Vermont, That we the urgent appeal of the President himself hereby register our unqualified approval of Many of us wondered why greater effort and withdraw the opposition they have ex• United States Senate Joint Resolution 104:, had not been made to work with the pressed to the development of the St. Law introduced by Senator BARKLEY, of Kentucky, underground forces in Germany to over· rence seaway and which can only be char· on October 2, 1945, and now pending in said throw the Hitler regime. Various ex acterized as misguided in the extreme. Senate, relating to and authorizing partici cuses were given, none of which ever Inasmuch as you have given wide distribu pation by the United States in the construc seemed very satisfactory to me. The tion to unwarranted assertions concerning tion of a deep-sea waterway connecting the American people have known very little the St. Lawrence development, I am insert• Great Lakes with the Atlantic Ocean by way ing a copy of your letter to Senator SALTON• of the St. Lawrence River, with electric power about the situation, but recently there STALL and this reply in the CONGRESSIONAL development incident thereto, and that we was printed in the publication called RECORD in the hope that more people of New urge the United States Senators and Repre Human Events, which is edited by Felix England will become acquainted with the sentative from the State of Vermont in the Morley and Frank C. Hanighen, an arti true facts. Congress of the United States to give their cle written by Alexander B. Maley, who Sincerely yours, unquaUfied and enthusiastic support to the was a lieutenant commander in the naval GEORGE D. AIKEN. passage of said resolution by the Congress; be it further intelligence service of the United States Mr. AIKEN. Mr. President, I also ask Resolved, That while we adhere to the Navy, He went into Germany, and was to have printed in the body of the REc ultimate advisability and wisdom of con there for a number of months investi ORD at this point as a part of my remarks structing a deep-sea waterway connecting gating the underground and endeavoring a resolution adopted last Monday night the St. Lawrence River with New York and to ascertain what it was doing in an effort by the Board of Aldermen of the City the eastern seaboard, as a later project of to overthrow Hitler. The article is a great value to the entire eastern section of very amazing one, and is rather disillu of Burlington, Vt. The resolution re the United States, and as a necessary com scinds the resolution which was adopted plement to the St. Lawrence seaway, we feel sioning from the standpoint of America by the same board of aldermen on Octo that the present is not the time to urge and her allies not working with that ber 4, 1945, which expressed approval of support thereof, and that the resolution large group of persons in Germany who the deep sea waterway connecting the adopted by said aldermen on October 4, 1945, were anti-Nazi, and determined to over St. Lawrence River with the Hudson hereinabove alluded to, shall not be con throw Hitler from the inside. The ar River, or otherwise what is known as the strued as urging any prese:- t support by any ticle is so illuminating that I ask unani one of said last-named project to the em mous consent to have it printed in the Champlain cut-off. In order that the barrassment, even in the smallest degree of resolution of October 4, 1945, approving the support above urged for Senate Joint RECORD at this point as a part of my the Champlain cut-off may not be used Resolution 104; be it further remarks. as a diversion in the effort to secure Resolved, That the city clerk of the city of There being no objection, the article approval of the St. Lawrence River sea Burlington is hereby instructed to furnish was ordered to be pi·inted in the RECORD, way, the Board of Aldermen of the City forthwith a certified copy hereof to each of as follows: of Burlington, Vt., have now completely Vermont's Senators and its Representative THE EPIC OF THE GERMAN UNDERGROUND in_the Congress of the United States, and a rescinded the resolution of October 4 and like copy to United States Senator HATCH, (By Alexander B;. Maley) have adopted a very strong resolution in of New Mexico, as chairman of the subcom Early in the afternoon of July 20, 1944, behalf of the St. Lawrence River seaway mittee-of the Senate Foreign Relations Com· Col. Klaus von Stauffenberg walked into a project. This does not mean, however, mittee, now having said Senate Joint Reso German stPff headquarters building behind that they now do not approve the lution 104 under consideration. the eastern front, carrying a bulging brief Champlain cut-off, but it does mean that case in which a carefully muffled time bomb RELIEF OF EMPLOYEES OF VETERANS' was ticking toward its dead line. Casually they do not wish to have the former res ADMINISTRATION FOR CERTAIN OVER he placed the brief case under a table on olution used in any way to hinder or to PAYMENTS which was spread a large-scale military map impede the construction of the St. Law placed there by the direction and for the rence River seaway. The PRESIDING OFFICER laid before convenience of Adolf Hitler. There being no objection, the resolu the Senate the bill (H. R. 4884) to re When the fuhrer entered, there were no tion was ordered to be printed in the lieve certain employees of the Veterans' formalities and, as customary, discussion be RECORD, as follows: Administration from financial liability gan immediately. Standing by the map, for certain overpayments and allow such Count Stauffenberg ::urreptitiously pushed Whereas the Board of Aldermen of the City credit therefor as is necessary in the ac the brief case toward Hitler with his foot of Burlington, Vt., did, on October 4, 1945, counts of Guy F. Allen, chief disbursing and then, in answer to· a prearranged official adopt a resolution expressing approval of a telephone message, apologetically left the deep-sea waterway connecting the St. Law officer. room. On hearing the bomb explode, he rence River with New York and the eastern Mr. ELLENDER. Mr. President, on hurried to <-he nearby airfield where a fast seaboard of the United States by way of Lake last Tuesday, March 5, 1946, on the call plane was in readiness to fly him to Berlin. Champlain and the Hudson River; and of the calendar, the Senate passed Sen There the leaders of the conspiracy had Whereas said resolution made no reference ate bill1591 to relieve certain employees everything in readiness to stage an anti-Nazi to a deep-sea waterway connecting the Great of the Veterans' Administration from coup d'etat. Five minutes after Stauffenberg Lakes with the Atlantic Ocean by way of financial liability for certain overpay reported that the assassination had taken the St. Lawrence River, and the development place, the wires were humming with orders of electric power for rural electrification and ments and allow such credits therefor as to selected army leaders. In far-away Paris, other purposes as an incident of such de is necessary in the accounts of Guy F. General von Sttilpnagel ,arrested the entire velopment; and Allen, chief disbursing officer. On the SS staff at their headquarters in Avenue Whereas the benefit and advantage to the same day the House of Representatives Foch. Tnroughout Germany, civilian-re Eastern States and eastern seaboard to be passed an identical bill. I now ask unan sistance leaders moved to assume control. derived from a deep-sea waterway from the imous consent that the Senate proceed But Hitler was, not dead. Though the ex St. Lawrence River by way of Lake Champlain to the consideration of House bill 4884. plosion killed several officers, the fuhrer and the Hudson River would, in our judg himself was only knocked fiat, suffering par.: ment, be nil, unless and until the St. Law The PRESIDING OFFICER. Is there tial paralysis and a temporary concussion. rence deep waterway is an accomplished fact objection? The resulting confusion gave the conspira and the operation thereof is shown to de~ There being no objection, the bill (H. R. tors too little time. In many cities local mand a short cut to New York and the east• 4884) to relieve certain employees of the SS and Gestapo headquarters were in ern seaboard; and Veterans' Administration from financial formed of the failure of the plot before their 1946 CONGRESSIONAL RECORD-SENATE · 2053 opponents knew of its assumed success. Be m ainly composed of former civil servants and otic sentiment. Nevertheless, immediately fore nightfall Stauffenberg was arrested and Nazi-ousted officials with a relatively co:tr after 'the German invasion of Poland, Von shot in Berlin. Radio stations remained for servative outlook, such · as Dr. Johannes Trott carried through plans to visit the the most part in Nazi hands and Goebbels Popitz, former Prussian Minister of Finance. United States, where he stayed from Sep used them cleverly. A stooge for Hitler The Moltke circle was less restrict_ed, con tember 1939 to Ja_nuary 1940, making contact went on the air to ridicule and minimize the taining many members of the former Center with officials and influential private citizens foolish joke of the plotters. That night the and Social Democratic Parties, trade-union In beP,alf of the German underground. rank and file of the resistance movement leaders and leading figures in both the Catho Among those whom he saw in Washington knew only that the end of years of planning lic and Protestant churches, for instance, was Felix Morley, also a former Rhodes had been disastrous failure. Pastor Dietrich Bonlloffer, of Berlin. scholar, then editor of the Washington Post, Actually it was proximity to success which In 1937 and 1938, deterioration of the in later president of Haverford College, and now cost the lives of many of the leaders. The ternational situdion hastened consolidation editor of Human Events. Dr. Morley, who trails had been nrade all too clear for the of hitherto divergent opposition groups. A has assisted in the compilation of this ma Gestapo m anhunt, which immediately swung united front of leaders, including clergymen terial, contributes the following excerpt from into action. Generals Von Witzleben, Von arid generals, Social Democrats and Conserva l1is diary, under date of November 20, 1939: Brockdorf, and others were sei_zed and exe tives, trade-unionists and business men, be "Adam von Trott, who left Germany 3 cuted. General Beck and Von :Kluge commit-. gan to take shape. Its greatest obstacles were weeks after the declaration of war, had tea ted suicide. Deeply implicated by his ac the vigilance and ruthlessness of the Gestapo; with me yesterday, and today I arranged tions in Paris, General Von Sttilpnagel hur the complete Nazi control of press, radio, lunch for him with [Eugene] Meyer [pub ried to Verdun, where he had fought as a and communications; the full employment lished of the Washington Post] and me at the young officer, and there shot himself. Blind provided by Hitler's war preparation program; office. He is over, as a far-eastern expert, ed, but by so.me miracle not killed, he was and the FUhrer's well-advertised diplomatic to attend the Conference of the Institute for some days tortured by Himmler's men in achievements as facilitated by the appease of Pacific Relations at Virginia Beach, but is - the eff ort to identify accomplices. ment policy. devoting most of his time to developing a With the military leaders obliterated, the III receptive attitude here toward the- big destruction of the civilian underground be During the early months of the war, when change which he thinks is coming in Ger gan. Protestant and Catholic clergy, em the German Communists under Russian or many. • • • It is a heroic work in which ployers and former trade-union leaders, uni ders were supporting Hitler, Dr. Gordeler this noble and idealistic young German is versity professors and sLudents, civil serv became the tacitly accepted head of the en engaged. It may very easily cost him his ants and members of the nobility were tire anti-Nazi front. In 1936 he had re life and he knows that he is constantly under rounded up in batches-shot, hung, or herd signed as mayor of Leipzig in protest against surveillance, though whether by FBI men or ed into concentration camps together with the policy of anti-Semitism. After 1937 he agents of the Gestapo he is uncertain. The their families. The number liquidated will was nominally employed as a promotion former would be quite natural and I trust never be exactly known, but 20,000 is a con.: manager by the famous Bosch Co., manufac that is all there is to it. • • • The chief servative estimat e. When the concentration turers of magnetos and other electrical problem is how to insure that a war of ex camps were finally opened and advertised as equipment. termination against the Nazis will not force proof of German bestiality, Americans were Robert Bosch, head of this Stuttgart firm, behind them all the elements beginning to not told that m any of the miserable victims had for many years worked valiantly for bet cohere for Hitler's overthrow. And here Von were heroic German men and women who ter Anglo-German and Anglo-French rela T. confirms my feeling that if a Danzig had given their all to ·overthrow the Nazis. tions and was one of the few big industrial formula could have been found there would None can say how much the German mili ists who actively supported the underground. have been no further aggression-because of tary resistalJ,Ce was weakened and the war Many of the Jewish emigres now safely in the coalescing of anti-Hitler sentiment in shortened by this desperate anti-Nazi rising. this country were financed and otherwise en Germany. Now it is far more difficult." Certainly many an American boy who would abled to escape persecution through the aid A part of Von Trott's mission in Washing otherwise be b'!ll'ied in Europe is alive today of Bosch. When Gordeler joined the firm it ton was to inform the Department of State because of the Germans who struck from was understood that he would spend his time of the aims and personalities of the under behind the battle lines. The OWI explained working against the Nazis and that subsidies ground, through a secret memorandum to Americans that the attempted revolution -from the Bosch and other companies would which was also· delivered to the British was merely a plot on the part of some Junker be used to developed resistance, in spite of Ambassador, Lord Lothian. This memo generals who knew the war was lost and the terrible risks involved. randum stated the . terms upon which the wished to save the General Staff' intact for Following the annexation of Austria, in opposition hoped to terminate the war, after World War III. Now it would seem time for March 1938, Gordeler visited London to in Hitler's overthrow. and included a pledge a more judicious appraisal of facts which form members of the Chamberlain Govern to prosec·1te the principal Nazi leaders for - cannot be kept concealed forever. ment that if they stood firm, in the Sudeten common crimes. · II crisis, an important group of anti-Nazi gen Von Trott's efforts were reinforced by other erals would lead a rising against Hitler si prominent refugees, including Dr. Heinrich The origins of the tragic events described multaneously with any overt military act BrUning, Catholic pre-Nazi German Chan above t race to the start of the Hitler regime, celor, who visited the White House for this when the Social Democrats and other par attempted by the latt«:>r. Prominent in this group was Gen. Ludwig Beck, then chief of purpose in December 1939. President Roose ties dissolved by the Nazis decided to main velt at first showed interest in the appeal for tain a secret information service for their the general staff, one of those who died after the events of July 20, 1944. The Anglo support of the German underground, but exiled leaders. While the underground was French appeasement policy ruined this plan soon, apparently on the advice of men close to civilian in origin, a number of army offtcers, him, discouraged further contacts. Von Trott distrustful of Hitler's purposes, and realiz and after the Munich Pact, Beck resigned his key post in despair. With Hitler's bloodl~s was even denounced as a Nazi agent, which is ing Germany's vulnerability in war, soon be victories the task of the German underground bitterly ironical in view of the sequel. At gan to associate themselves with its work. became increasingly difficult, as well· as dan grave personal risk, after returning to Ger They were welcomed by the civilian groups, gerous. In the words of a memorandum by many, he continued subversive work and was for it was realized from the outset that no one of the suriviving leaders: hanged by the Nazis as a traitor for his part revolt against a totalitarian government can in the July 1944 proceedings. succeed without help from the armed torces. "The year 1938 brought Dr. Gordeler and So, as early as 1933, a regular liaison with his friends great disillusionment. Dr. Gorde v army· leaders was established. It was under ler felt very dejected and declared that Although their numbers were decimated by the direction of Wilhelm Leuschner, a Social Chamberlain should never have been allowed arrests at home, and although they received ist who had -been minister of the interior for to give in at Bad Godesberg-. His friends in little, if any, official encouragement from the state of Hesse, and who took employment the army, especially Colonel General Beck, Washington and London, the leaders of the as a salesman to carry on this activity. had definitely decided not to follow Hitler's German underground continued throughout, orders to march into Czechoslovakia, but to ThJ necessity of secrecy for a time en the war in their efforts to overthrow the Nazi couraged diversity and cross purposes in the put the FUhrer out of the way. • • • In ty.ranny and build a peace holding some hope anti-Nazi movement. The Communist Stuttgart, however, it was agreed to give for the civilization common to au of western organization, working in the Russian interest in; to continue the work together with Gordeler and to support his people more than Europe. Little or nothing in regard to these and, therefore, pro-Hitler when Stalin was ever befo;re." efforts has been divulged to the American in alliance with the Nazis, further confused public. Space permits only the briefest sum the picture. Opposed to totalitarianism in IV marization here. principle, the liberal German underground In August 1939, Adam von Trott zu Solz, In the autumn of 1941 Ulrich von Hassel, naturally had no desire to swap a German a former German Rhodes scholar, was sent former German Ambassador to Rome and a. for -a Russian dictatorship. by the underground to London, where he member of the inner circle of the anti-Nazi Gradually, however, two principal opposi was received by Prime Minister Chamberlain movement, requested a prominent American tion groups emerged, the one centering and by Lord Halifax, then Foreign Secretary. businessman then in Berlin to convey a peace around Dr. Karl Gordeler, the former mayo1' Von Trott warned the English leaders that proposal to the White House in the names ot of Leipzig, the other around young Hellmut war would make the task of the anti-Nazi Generals Beck and Hammerstein. von Moltke, of the same family as Bismarck's movement far more dUHcult and that it This proposal, made at a time when Ger famous general. The Gordeler circle was might be temporarily immobilized by patri- many seemed everywhere victorious, was 2054 CONGRESSIONAL RECORD-SENATE MARCH 8 along these lines: (1) Resignation, voluntary his first duty would be to negotiate immedi Josiah Marvel, Jr., of Delaware, to be En or enforced, of Hitler and all his government; ate surrender. Governors, all with anti-Nazi voy Extraordinary and Minister Plenipoten (2) withdrawal of German armed forces to records, were chosen for the German states, tiary of the United States of America to the borders of the Weimar Republic, except and mayors for the more important cities. Denmark. ing the Saar, Danzig, and Austria; (3) settle To secure the maximum of civilian sup By Mr. McKELLAR, from the Committee ment of the Polish Corridor issue along the port, Dr. Leber, on July 12, 1944, approached on Post Offices and Post Roads : lines suggested by Marshal Pilsudski, of three Communist leaders to secure their co Sundry postmasters. Poland (exchange of the Corridor for the four operation. One of the three promptly re eastern districts of East Prussia) ; ( 4) no vealed the plot to the Gestapo. Leber was ar· The PRESIDING OFFICER. If there reparations to be asked by either side. The rested and a warrant issued for Gordeler. be no further reports of committees the intermediary reached Washington December Thus, on July 20, the liberal underground clerl{ will state the nominations on the 1 but was unable to see President Roosevelt was forced to. strike, though not yet fully calendar. before December 7, when Pearl Harbor dashed prepared. all hopes. VI REGISTER OF LAND OFFICE In May 1942, Pastor Dietrich Bonhoffer, To what has been said of its failure, only The legislative clerk read the nomina later executed by the Nazis, and Dr. Hans a line about the fate of Gordeler need be tion of Thomas F. Corbally to be register Schonfeld, director of research for the Ge added. For a few weeks, sheltered by friends, of the land office at Great Falls, Mont. neva office of the World Council of Churches, he escaped arrest, but then was captured in approached the English Bishop of Chichester .his native East Prussia. He was last seen, a The PRESIDING OFFICER. Without in Stockholm in behalf of the German un prisoner of the Gestapo, in January 1945, a objection, the nomination is confirmed. derground. They reported on the widespread physical wreck who had been repeatedly SELECTIVE SERVICE SYSTEM organization and enlightened aims of the drugged in the attempt to make him betray anti-Nazi movement and pointed out that his associates. Perhaps fortunately, most of The legislative clerk read· the nomina "it was extremely important to know whether his papers relating to the underground were tion of J. Watt Page to be State director the Allied attitude toward a Germany purged destroyed in a Berlin air raid before the Ges of selective service for Texas. of Hitler would be different to the attitude tapo could locate them. But from the frag The PRESIDING OFFICER. W ithout toward a Germany under Hitler." ments which remain, the whole "story will The bishop personally conveyed this mes some day be reconstituted. objection, the nomination is confirmed. sage to Anthony Eden, then British Foreign Those who went into Germany as the Nazi POSTMASTERS Secretary, on June 30, 1942. On July 17, he organization finally collapsed can best under was told that after consideration it had been stand the heroism of Oordeler and those who The legislative clerk proceeded to read decided that no action could be taken. Con vainly worked with him. It is a country of sundry nominations of postmasters. tinued affirmation of the unconditional sur ruined cities, of crippled and broken men, of Mr. BARKLEY. I ask unanimous con render policy made further effort seem fruit bewildered widows and orphans conscious sent that the postmast er nominations be less to many German liberals. only of "!laving to go on living." Against confirmed en bloc. Nevertheless, local agents of the under that picture, and against the equally terrible ground were ordered, in the spring of 1943, to picture of totalitarian Germany in its hey The PRESIDING OFFICER. Without select reliable anti-Nazis who could take day, the tenacious effort of the German un objection, the nominations of postmasters over administration when Nation-wide revolt derground seems almost a miracle and will are confirmed en bloc. was launched. Many memoranda, some of live as a memorial to the ideals for which the THE ARMY which are now in this country, were written war was fought. As von Moltke wrote, on the by eminent scholars, such as Prof. Alfred eve of his execution, "none of us is dying in The legislative clerk read the nomina Weber, of Heidelberg, on the democratic reor vain.'' tion of Col. Thomas Lpvet Smith to be as ganization of Germany. A few of these doc Yet for some strange reason the epic of sistant to the Surgeon General, with the uments fell into Gestapo hands, which led German liberal resistance has been sup rank of brigadier general. to arrests and execution. Other resistance pressed. Its heroisms have not been told; The PRESIDING OFFICER. Without leaders were struck down blindly in the air its sacrifices remain unsung. We have been raids. The survivors closed their ranks and led to believe that, almost without excep objection, the nomination is confirmed. carried on. tion, the German nation concurred in the Mr. BARKLEY. I ask unanimous con Emissaries were sent to Switzerland and crimes of its leaders. No evidence to the sent that the President be notified of the Sweden-von Trott was the most prominent contrary has even been allowed to come from confirmation of the nominations in all in the latter country-to contact British and the Nuremberg trials, a serious psychological cases. American representatives. The contacts were error since nothing would impress the Ger The PRESIDENT pro tempore. With made and sympathetically received at lower man people more than to know the stories levels. But always, from White House and of their countrymen who sacrificed so much out objection, the President will be noti Whitehall, came the rebuff of "unconditional for them. fied forthwith in all cases. surrender.'' On this basis many German To withhold any part of this untold saga RECESS TO TUESDAY generals, not without patriotism and pride, can only injure those who are denied the could not persuade themselves to raise the truth. For without full understanding, in Mr. BARKLEY. As in legislative ses standard of revolt. place of blind hate, neither Germany nor sion, I move that the Senate take a recess By midsummer of 1943, however, Gordeler Europe as a whole can ever be rehabilitated. until12 o'clock noon on Tuesday next. had decided that the underground, even In Gordeler's life we gave hill} no assistantce, though wholly unsupported abroad; even The motion was agreed to; and (at 1 Now we may at least remember the words o'clock and 1 minute p. m.) the Senate though weakened by increasing oppression he spoke 10 years ago: "What Europe needs and despair in Germany, must strike. In most is to reaffirm the concept of human took a recess until Tuesday, March 12, July 1943 he wrote secretly to Field Marshal decency." 1946, at 12 o'clock meridian. von Kluge: EXECUTIVE SESSION "It is more and more evident to what na NOMINATIONS tional disaster our leadership has brought us. , Mr. BARKLEY. I move that the Sen· I direct a last plea to you, field marshal gen ate proceed to the consideration of Executive nominations received by the eral. The hour has come for a decision of executive business. Senate March 8 George Tait, of Virginia, now a foreign POSTMASTERS LOUISIANA service officer of class 2 and a secretary in the The following-named persons to be post Gladys H. Smith, Holden. diplomatic service, to be also a consul gen masters: MINNESOTA . eral of the United States of America. ARKANSAS Maurice W. Altaffer, of Ohio. now a foreign Sadie M. Miller, Bigelow. Lamar W. Grisham, Pickens, Ark. Office Henry S. Ness, Holler. service officer of class 3 and a secretary in the became Presidential July 1, 1945. diplomatic service, to be also a consul general NEW YORK CALIFORNIA of the United States of America. Elsie B. Henderson, Circleville.· Prescott Childs, of Massachusetts, now a Michael D. Fanning,.Los Angeles, Calif., in Sherleigh L. Westerdahl, Gerry. foreign-service officer of class 3 and a secr<~ place of M. D. Briggs, deceased. Fannie S. Raymond, Yaphank. tary in the diplomatic service, to be also a ILLINOIS NORTH CAROLINA consul general of the United States of Amer Clarence M. Sullivan, Glen Eilyn, Ill., in ica. place of N.C. Knapp, resigned. Margaret T. Sides, East Spencer. Earl L. Packer, of ·Utah, now a foreign Irene R. Autry, Hampstead. service officer of class 3 and a secretary in the KANSAS .Edwin C. Eller, Lansing. diplomatic service, to be also a consul gen Raymond J. Renner,. Andale, Kans., in Wayman C. Melvin, Linden. eral of the United States of America. place of Frank Batka, retired. NORTH DAKO'rA G. Frederick Reinhardt, of California, now MISSOURI Walter Herman Anderson, Wildrose. a foreign-service officer of class 5 and a secre Orvil T. Hughs, Lucerne, Mo., in place of· PENNSYLVANIA tary in the diplomatic service, to be also a D. F. Studabaker, transferred. consul of tne United States of America. Joseph F. Moran, Chinchilla. Miss Kathleen Molesworth, of Texas, n.ow NORTH CAR OLINA Andrew T. Ofsonka, East Vandergrift. a foreign-service officer of class 6 and a sec Bonnie M. Godley, Grimesland, N.C. Office Hugh W. Billingsley, Flourtown. retary in the diplomatic service, to be also a became Presidential July_1, 1943. Leon R. Leddy, Port Clinton. consu1 of the United States of America. NORTH DAKOTA Almeda K. Francisco, St. Petersburg. Victor D. Crum, Sinnamahoning. COLLECTOR OF INTERNAL REVENUE Alvin N. Anderson, Marion, N. Dalr., in place TENNESSEE Sam E. Richardson, of St. Johnsbury, Vt., of Cleo Flugga. Incumbent's commission ex to be collector of internal revenue for the pired August 19, 1941. Id"a B. Winningham, Allons. district of Vermont, with headquarters at OKLAHOMA Pearl I. McCamish, Calhoun. Edward B. Simmons, Westmoreland. Burlington, Vt., to fill an existing vacancy. Clifford L. Hanan, Arnett, Okla., in place of VIRGINIA UNITED STATES PUBLIC HEALTH SERVICE A. J. Woods, transferred. Homer B. Cluck, Guymon, Okla., in place Harry B. Jordan, Bedford. The following-named candidates for ap o~ A. C. DeWolfe, resigned. Samuel Washington West, Lynchburg. pointment and promotion in the Regular Corps of the United States Public He~lth OREGON WEST VIRGINIA Service: · Herbert G. Suttle, Noti, Oreg. Office be Luther Lacy Lilly, Coal City. To be assistant surgeons, effective date of came Presidential July 1, 1945. Okey L. Curry, Ellenboro. oath of office: PENNSYLVANIA WISCONSIN Leonard T. Kurland Thomas A. Burch John C. Clouse, Rimer, Pa. Office became Ruth F. Steiner, Clam Falls. Howard N. Frederick- James R. Mason Presidential July 1, 1945. son John J. Antel Robert B. Shelby Gove Hambidge, Jr. TENNESSEE Carl A. Boswell Juhn F. Bell Jona R. Clark, Haydenburg, Tenn., in place William A. Himmels- John G. Robinson of T. S. Clark, retired. bach Andrew L. Hoekstra TEXAS HOUSE OF REPRESENTATIVES Lewis Francis Gordon B. Wheeler Harvey L, Pettit, Bloomburg, Tex., in place To be senior assistant surgeons, effective FRIDAy' MARCH of R. E. Brinkley, transferred. 8, 1946 date of oath of office: E. Lilla McMichael, Cason, Texas. Office Milton I. Roemer Charles R. Hayman became Presidential July 1, 1945. The House met at 12 o'clock noon. Earl H. Webster Ira Lewis Thomas H. McBrayer, Lorena, Tex. Office The Chaplain, Rev. James Shera Harry E. Malley Wolcott L. Etienne became Presidential July 1, 1943. Montgomery, D. D., offered the following Assistant surgeons to be temporary sen~or prayer: assistant surgeons, effective dates indi UTAH 'cated: Iona S. Draper, Fountain Green, Utah, in Our Father Almighty, revealer of truth Robert J. Burleson, January 1, 1946. place of U. s. Madsen, transferred. and sealer of every holy purpose, where Thomas 0. Dorr, January 1, 1946. love is. Thou art. 0 teach its the sim Harold B. Alexander, January 1, 1~46. CONFIRMATIONS plicity and the sublimity of such a life Martin J. Ittner; February 1, 1946. that walks in faith and love, in the spirit Marvin W. Evans, February 1, 1946. Executive nominations confirmed by Senior assistant surgeons to be. temporary the Senate March 8 (legislative day of of Him who. when He was reviled. re surgeons, effective dates indicated: · March 5) , 1946: viled not again. Here is the upper air of Robert J. Anderson, February 1, 1946. spiritual aspiration in which th~re is Kenneth W. Chapman, February 1, 1946. INTERIOR DEPARTMENT fellowship of confidence and peace and Henry D. Ecker, December 1, 1945. Thomas F. Corbally to be register of the eager spirits are blended into brother Gabriel P. Ferrazzano, February 1, 1946. land office at Great Falls, Mont. hood. On this day of Nation-wide prayer Emerson Y. Gledhill, December 1, 194.5. SELECTIVE SERVICE SYSTEM for the things that make for peace, Robert Me. Mitchell, January 1, 1946. J. Watt Page to be State director of selec Robert M. Thomas, January 1, 1946. · 0 give us high courage for our tasks with tive service for Texas with compensation at sweet remembrances of love and fellow Robert N. Lord, January 1, 1946. the rate of $7,175 per annum. Carl L. Larson, January 1, 1946. ship where complainings and discon Jack A. End, February 1, 1946. IN THE ARMY tents cease . . We renew our prayer for James F. Maddux, January 1, 1946. APPOINTMENT IN REGULAR ARMY OF THE UNITED our President, ihat Thy continued care Mark E. Myers, February 1, 1946. STATES and watchful providence may be over .Lloyd F. Summers, February 1, 1946. Thomas Lovet Smith to be Assistant to the him through the course of his days. Randolph P. Grimm, January 1, 1946. Surgeon General, with the rank of brigadier Grant that all of us may be made wiser Senior surgeon to be temporary medical general, for a period of 4 years from date of by our mistakes, and stronger by every director, effective February 1, 1946 :· acceptance. temptation overcome. In the name of Egbert M. Townsend PosTMASTERS St. Mary's holy Son. Amen. Pharmacists to be temporary senior phar FLORIDA macists, effective October 1, 1945: Lawrence H. Raker, Crawfordville. The Journal of the proceedings of yes Raymond D. Kinsey terday was read and approved. Thomas C. Armstrong KANSAS MESSAGES FROM THE ·PRESIDENT IN THE NAVY Alice M. Howe, Mount Hope. Alvin L. Sparks, Zurich. Rear Adm. Frank E. Beatty, United States Sundry messages in writing• from the Navy, to be a rear admiral in the Navy, for KEN'IUCKY President of the United States were com temporary service, to rank from the 31st day James T. Linville, Fourmile. municated to the House by Mr. Miller. of January 1943, in lieu of the date of rank H. Clay Darnall, Hardin. one of his secretaries, who also informed as previously nominated and confirmed. Earl D. Enlow, Hodgenville. the House that on the following dates