1-818 CONGRESSIONAL RECORD-SENATE FEBRUARY 12

INDIANA THE JOURNAL Joseph F. Winkler, Hammond. The Chief Clerk proceeded to read the Journal of the pro­ KANSAS ceedings of the calendar day Monday, February 11, 1935, Emma C. Jehlik, Cuba. when, on request of Mr. ROBINSON, and by unanimous con­ Horace E. Elder, Goodland. sent, the further reading was dispensed with, and the Jour­ Walter R. Dysart, Parker. nal was approved. Emmett E. Conzelman, Republic. MESSAGES FROM THE PRESIDENT Irma J. Collopy, Turon. Messages in writing from the President of the United MISSISSIPPI States were communicated to the Senate by Mr. Latta, one of Harry H. Orr, Holly Springs. his secretaries. David E. Nabors, Indianola. CALL OF THE ROLL Tom W. Crigler, Jr., Macon. Mr. ROBINSON. I suggest the absence of a quorum. Blanche M. Gallaspy, Pelahatchee. The VICE PRESIDENT. The clerk will call the roll. Thomas R. Pearson, Picayune. The legislative clerk called the roll, and the following NORTH DAKOTA Senators answered to their names: Adams Connally Keyes Pittman Mary M. Hoesley, Crystal Ashurst Coolidge King Pope Albert E. Funk, Hebron. Austin Copeland La Follette Radcliffe Bachman Costigan Logan Reynolds Anna F. Jones, Verona. Balley Couzens Lonergan Robinson PENNSYLVANIA Bankhead Cutting Long Russell Barbour Dieterich McAdoo Schall Lela E. Randolph, Portland. Barkley Donahey McCarran Schwellenbach Bilbo Duffy McGill Sheppard SOUTH DAKOTA Black Fletcher McKellar Shipstead Fayette A. Nutter, Alcester. Bone Frazier McNary Smith Borah George Maloney Steiwer Arthur P. Ingle, Harrold. Brown Gerry Metcalf Thomas, Okla. Carl Hildebrandt, Mobridge. Bulkley Gibson Minton Thomas, Utah Thomas W. Lalley, Montrose. Bulow Glass Moore Townsend Burke Gore Murphy Trammell William F. Curren, Vienna. Byrd Guffey Murray Truman TENNESSEE Byrnes Hale Neely Tydings Capper Harrison Norbeck Vandenberg Edward L. Smith, Englewood. Caraway Hat ch Norris Van Nuys Carey E. Reed, Prospect Station. Carey Hayden Nye Walsh Clark Johnson O'Mahoney Wheeler TEXAS Mr. ROBINSON. I wish to announce that the junior Jenna Mae Easter, Anton. Senator from Louisiana [Mr. OVERTON] is detained from the M. Earle Cook, Carrizo Springs. Senate by illness, and ,that the senior Senator from Illinois Gilbert G. Holman, Gainesville. rMr. LEWIS] and the junior Senator from New York [Mr. Carolyn A. Moreman, Hale Center. WAGNER] are unavoidably absent. _ Hany H. Mann, Levelland. Mr. AUSTIN. I desire to announce that the Senator from Benjamin B. Ward, Newcastle. Iowa [Mr. DICKINSON], the Senator from Maine [Mr. John C. Terry, Plainview. WmTE], the Senator from Pennsylvania [Mr. DAVIS], and Cleo Jackson, Point. the Senator from Delaware [l.V"rr. HASTINGS] are necessarily Sidney T. Bogan, Quitaque. absent from the Senate. Ina M. Matheny; Rochester. The VICE PRESIDENT. Eighty-eight Senators have an­ Daniel J. Quill, San Antonio. swered to their names. A quorum is present. Milner T. Cain, Seagraves. VERMONT ANNIVERSARY OF BIRTH OF ABRAHAM LINCOLN Michael C. Mulcahy, Brandon. Mr. COPELAND. Mr. President, this is Lincoln's birthday, Alvarado C. Gibson, Cavendish. and, as my contribution t o the day, I ask that an article Irma K. Mitchell, Fairfax. concerning Lincoln by Emanuel Hertz be inserted in the Berne B. Titus, Fairlee; RECORD. Helen M. Boyle, Gilman. There being no objection, the article was ordered to be Oscar N. Campbell, Hyde Park. printed in the RECORD, as follows: John M. Jewell, Proctorsville. [From the New York Times Magazine, Feb. 10, 1935] Adelbert G. Dudley, Shoreham. WHEN TH E EAST RALLIED DEHIND LINCOLN-THIS MONTH MARKS THE Irene F. Smith, Waitsfield. SEVENTY-FIFI'H ANNIVERSARY OF HIS SPEECH AT COOPER UNION By Emanuel Hertz On his fifty-first birthday, 75 years ago next Tuesday, Abraham SENATE Lincoln, of Illinois, former Congressman, unsuccessful candidate for Senator, possible Republican nominee for the Presidency, was TUESDAY, FEBRUARY 12, 1935 putting what he thought were the finishing touches on what bas since been known as h is Cooper Union speech. The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the Lincoln did not then know that before he was to be well following prayer: launched upon his carefully prepared address he would discard his notes and pour forth, in words that came to him almost like God of our fathers, whose loving, timeless care hath woven an inspiration, one of the greatest speeches of his life, or of his from innumerable strands the finer fabric of our Nation's generation. He did not know that instead of appearing in life: accept our grateful thanks for this our priceless heri­ Beecher's church in Brooklyn, where the religious atmosphere would somewh at tone down a purely political utterance, he was tage, and help us to be worthy, as we share the burden of to address, in a public h all, one of the most distinguished audi­ our corporate responsibility, to carry on the work which ences New York City had ever seen. Thou hast wrought through all Thy servants who, in their He was not even sure of how he would be received. The time several generations, have served Thy people faithfully. Bind was one of ha.rsh judgments, as it was of an almost desperate us ever closer with the bonds of a holy purpose, that we may search for leadership. Passions ran high, the air was full of threats and forebodings. John Brown had been 15 months in be a united people; give us the greater courage to be kind his grave, but John Brown's wild-eyed brethren still walked the 1·ather than arrogant, the greater strength to be merciful earth. At the other extreme were the fanatical proslavery lead­ rather than vindictive, and the spirit of self-sacrtfice nobler ers, ready to disrupt the Union if necessary in order to set up a slave owners' autocracy. than self-assertion, that we may rather serve with Christ, Peace-loving men who hatecl slo.very were turning everywhere for who is our light, than conquer with the powers of darkness. some middle way which would save the Union, yet which would . We ask it in our Savior's name. Amen. prevent the spread of the slave system. Because emotions were 1935 :CONGRESSIONAL RECORD-SENATE 1819 stirred to the most profound depths every new proposal, every new matter of fact, I have not fully completed my speech for Monday leader, was subjected to a searching and terrible scrutiny. A :man night and I must go back to the Astor House and W'\lrk on it." He of the hour was needed, but those who fell short of the need could had begun to realize that a speech intended for Plymouth Church expect no mercy. would not fit Cooper Union. Herndon had been right. He must be Was Lincoln that man? If he was, could he so convince the undeviatingly political. Republicans of the East, who already had in Seward an able and Trained on the Illinois hustings, accustomed to addressing hos­ fearless spokesman? Lincoln had thus every reason to be uncer­ tile audiences in southern Illinois and southern Indiana, and pos­ tain of his receot1on The Lincoln-Douglas debates, supplemented sessing the great faculty of knowing an address by heart the by various add.fesses· delivered by Lincoln in Illinois, Indiana, and moment it was written in its final form, Lincoln had no reason to Ohio, had made his name known to newspaper readers. Yet so fear that he would stumble when the supreme moment came. uncertain was his fame that he had had great difficulty in finding Yet when Monday night arrived and the committee escorted him a publisher for his speeches, and even when he did find one the from the Astor House to Cooper Union he must have had misgiv­ venture was regarded as a wild and hazardous speculation. His ings. These men-such celebrities as Gen. James W. Nye, George highest ambition did not then extend beyond the Vice Presidency; Putnam, George Bancroft, Noah Brooks, William Cullen Bryant, he spoke half seriously of the salary of the position as a means by David Dudley Field-were formidable. In contrast to their ease which he could grow rich. and good grooming he began to feel the mental discomfort of his UnmiStakably, however, Lincoln was already a man who could not new "store suit" and the acute physical discomfort of the new be disregarded. No one else, not even Seward, had such stature as boots which were rubbing the skin off his ankles. One of the party, a leader and spokesman of the new Republican Party. Men like young Nott, asked him if he was lame. William Cullen Bryant and David Dudley Field, with all their east­ There is no doubt that he was ill at ease as he sat on the ern prejudices, had come to the conclusion that Lincoln, better platform, while the preliminaries of the meeting were gone than any other individual in the Republican Party, or in the North, through, and listened to the chairman's introductory platitudes. had stated the problem which was confronting both North and When he began, his high-keyed voice, the peculiar accent--at least South, and upon the successful solution of which depended the in eastern ears--which he had derived from his Kentucky and cohesion and 'Stabllity of the Union. From their point of view he southern Illinois upbringing, and his evident nervousness, all was Presidential timber. worked against him. As Noah Brooks iooked at the audience and But their impression of h1m was derived from print and from at Lincoln, he said to himself, "Old fellow, you won't do; it's indirect report. The eastern leaders felt that they should see all very well for the wild West, but this will never go down in Lincoln face to face and hear h1m speak before they finally made New York." up their minds. For him his trip Ea.st was critical. If he were to Lincoln had reason to be nervous. He had never faced an disappoint his eastern admirers, his chances would be gone. He audience like this one. He had made hi.s reputation talking to would have to supplement their conviction as to the soundness of farmers and townspeople, with a mere sprinkling of prominent his doctrine by demonstrating that he had the appearance and per­ men. Now he could hardly look anywhere without seeing a dis~ sonality they thought they needed in a Presidential candidate. tinguished-and highly critical-visage. Greeley; Henry J. Ray­ The outcome was not certain, for Lincoln lacked some of the mond, of the Times--almost every eminent New Yorker Lincoln superficial qualities that easterners prized. To men who put their had ever heard of was there. faith in immaculate linen, well-pressed clothes, and polished man­ No tricks of the oratorical trade could serve in that gathering. ners he was not always at first sight prepossessing. He had to make But Abraham Lincoln was no trickster, on the platform or off. the East forget those things and see the real man. He was a man in deadly earnest, forgetful of himself, mindful of Lincoln had two good reasons for coming East--to see his son what he had to say. The bad moment soon passed. Young and Robert, who was making indifI.erent progress in school at Exeter, old who have recorded their impressions of this historic occasion and to strengthen his own standing. He had one good reason for all agree that the Cooper Union speech was a unique performance. not coming, the lack of money. He had been hard put financially Before the speech was half over Noah Brooks changed his mind by the expenses of his debates with Douglas. about Lincoln, and said, "His face lights with an inward fire." He was therefore agreeably surprised, late in 1859, to receive an And at the end he exclaimed, "He's the greatest man since invitation to come East, with all his expenses paid, and make an St. Paul." Bryant, then editor of the Evening Post, leaned for­ address on February 27. 1860, in Plymouth Church. The idea of ward and said to the Post reporter, "Tell our folks to run every inviting h1m had originated with one of the trustees of the church, line of this speech." Even the skeptical Greeley was convinced. who had passed it along to the young men of the Literary Union. " That's the most powerful speech I ever heard ", he declared as Republican leaders grasped at the opportunity, and so it came Lincoln closed. about that the speech was ultimately given in Cooper Union, and The speech required about an hour to deliver. After the first few to an audience expanded far beyond the limits originally contem­ minutes Lincoln discarded his manuscript and spoke to that dis­ plated. tinguished audience as he would have spoken in the courtroom, on Lincoln, uncertain at first as to what he should talk about, dis­ some rude backwoods platform, or to his neighbors in the drug cussed the invitation with the everfaithful Herndon. Herndon store or the grocery in Springfield. Almost instantly he had real­ had no doubts; the speech must be political from start to finish. ized that under these broadcloth coats and starched shirts were As usual, Herndon was ready to gather the necessary books and beating the same kind of hearts that throbbed beneath the sweat­ pamphlets which Lincoln needed. This material was not all new, stained hickory shirts of rural Illinois. for the speech was to continue that clear and remorselessly logical Lincoln knew his subject, he knew his own mind, and he did not presentation of Lincoln's views which had begun with the Douglas equivocate. He addressed himself not merely to the Cooper Union debates. audience but to the perplexed and fearful m.Ulions of his country­ Its importance lay in bringing to a focus what Lincoln had to men, north and south. He could not, with all his earnestness and say. It was to embody all that he had thought and experienced all his careful definition of State rights, convince the South that with regard to slavery, the fruits of that trip to New Orleans his election would not mean the destruction of their " peculiar which he had made in his early manhood, what he had seen and institution." He did convince the political leaders of the new heard during his visits to his wife's home in Lexington. Ky., where Republican Party that he would be a fit candidate for the Presi­ the approaching con.tuct had already assumed a savagely bitter dency if it were impossible to agree on Seward. He rose to a height form. It was also to re:fiect his decision that the preservation of not reached by any American since Washington as he came to his the Union took precedence of the fight against slavery. concluding sentences: Not until he reached New York and walked into the office of " Wrong as we think slavery is, we can yet afford to let it alone Henry C. Bowen, editor of the Independent, through whom ar­ where it is, because that much is due to the necessity arising from rangements had been made, did Lincoln learn that the meeting at its actual presence in the Nation; but can we, while our votes will which he was to speak had been transferred to Cooper Union. prevent it, allow it to spread into the national Territories and to Bowen was at work in his office in Ann Street when Lincoln overrun us here in these free States? If our sense of duty forbids knocked. Without looking up Bowen said, " Come in." " Is this this, then let us stand by our duty fearlessly and effectively. Let Mr. Bowen? " Lincoln asked. Still preoccupied Bowen replied in us be diverted by none of those sophistical contrivances whereby we the affirmative. Then the visitor said, "I am Abraham Lincoln". are so industriously plied and belabored. • • • Neither let us and Bowen at last raised his eyes. be slandered from our duty by false accusations against us, nor Said Bowen, in relating the incident: "I faced a very tall man frightened from it by menaces of destruction to the Governmen~ wearing a high hat and carrying a comical-looking carpetbag; My nor of dungeons to ourselves. Let us have faith that right makes heart went into my boots as I greeted the tall stranger. H1s might; and in that faith let us to the end dare do our duty as we clothes were travel-stained and he looked tired and woebegone, understand it." and there wa.s nothing in my first hasty view of the man that was As he sat down amidst a thunder of applause, he had achieved at all prepossessing. the remarkable feat of making himself the champion of freedom "There came to me the disheartening thought of the great and of the Union without saying one word that in a calmer time throng I had been so instrumental in inducing to come and hear could be construed as giving anything but fair play to the slave Lincoln the following Monday night. Lincoln himself eased my owners. dismay by his kindly, genial voice. ' Mr. Bowen [he said], I am For all their fuss and ceremony, the committee had not provided just in from Springfield, Ill., and I am very tired. If you have no Lincoln with a carriage to take him back to his hotel. His boots objection, I will lie down on your lounge here and you can tell me were hurting him so much that he could not walk, so that he was about the arrangement for Monday night.' There was such a blend compelled to take a street car. The two committee members dele­ of dignity and gentleness in the stranger's words and voice, such gated to accompany him left him at Spring Street and he reached absence of self-consciousness, that there instantly came relief to the Astor House alone-a strange, sad figure standing on the rear my disappointing first impression." platform of the car. - At Bowen's invitation Lincoln attended Plymouth Church next But Lincoln had one more task to perform. This was to go to morning and heard the great Beecher, but declined to go to dinner the office of the New York Tribune, Greeley's paper, and correct at Bowen's home, saying: "Mr. Bowen, you will have to excuse me. the proof of his speech, already in type. Amos J. Cummings. later I would very much enjoy meeting you and your friends, but, as a t;o win fame as an editor and Member of Congress, took charge of 1820 CONGRESSIONAL· RECORD-SENATE FEBRUARY 12 the proofreading at Mr. Greeley's request. Mr. Cummings told I I just want to show the line of southern thought with this afterward how Lincoln "adjusted his spectacles, looked curiously t l't' 1 t ·t d 1 around the room, and said, •This is the first time I have ever been rampan po 1.1ca. mons r?s1 Y an U?~crup_u ousness and .de- at midnight in the office of a great daily newspaper.'" bauchery which IS debasing the political llfe of the Nation, Lincoln read th.~ proof and manuscript and made a few correc-1 to sh?W that the .south sends the siren call that crooks and tions, and ~hen took the proof slips and read all of the cor- bandits of that kmd must be run out of the body politic of rections agam very slowly." He did not wait for a revised proof, I th N t' th t th · · · for it wa.s then 1 o'clock in the morning, and Cummings, to his e a ion so a ose of the North will have to raise thell' infinite later regret, threw the manuscript into the wastebasket banner of thanks that, while they may have been the ag­ when the final revisions had been made and checked: gressor in freeing the slaves, this is the first newspaner that pa:~;~i~'Yf~; i~a~er!h~;fc~~hs:i~ o~t~~~~ w~~~i~~w~ ~~~:_ has come f or~ard from a~ section of the co.untry t~ get rid lished in pamphlet form its circulation ran a close race with I of filth that IS more damnmg than that which they under­ Uncle Tom's Cabin and the Daily Prayer Book. Lincoln had took to abrogate In 1861. achieved the mission which had brought him East. The best ~inds Mr. ROBINSON. Mr. President I do not think under the of the Union had taken his measure and reluctantly admitted ' . ' that this strange, awkward westerner had uttered the message present order or under any order, the attack which the Sen- for which the North had been waiting. Robert Lincoln was after- ator from Louisiana has made on the Postmaster General, "Ward to boast that he had made his father President, for if Robert particularly considering the language that is employed 1 !~~ ::!eb~=~v:;e~~~~r·c~~ 1h~~:~~~~:a=~~o:,_~ 1~as~~t~~~! should be incorporated in the CONGRESSIONAL RECORD. I ob~ won that eastern support which wa.s to give' him the nomination. ject to the insertion of the article in the RECORD. There were other episodes in Lincoln's visit to the Ea.st which The VICE PRESIDENT. Objection is heard. Petitions are still interesting to recall. On the very day of the speech he and memorials are in order. had one of his best photographs made-a strong, confident por- . . trait, in which can be relUl all that he had been and was to be. Mr. LONG. Do I understand the Senator obJects to thIS He went down to the Five Points Mission and made a talk to a newspaper editorial being inserted in the RECORD? class of children in the Sunday school, which he afterward liked Mr. ROBINSON. Yes; I object in connection with the to remember. As he told the story- k • · h th t h "And so I rose to speak, but I didn't know what to say. I remar s wmc e Sena or as .ma~e .. recalled that Mr. Pease had said they were homeless and friend- The VICE PRESIDENT. ObJect1on IS made. less, and I thought of the time I had been pinched by terrible Mr. LONG. I have always understood that freedom of the poverty, and so I told them that I, too, had been poor and could press- remember when my toes stuck out through my broken shoes in . the winter, when my arms were out at the elbows, when I shivered Mr. ROBINSON. I obJect and call for the regular order. with the cold. I told them there was only one rule, and that was The VICE PRESIDENT. The regular order is the pre- aly,rays to do the best they could. I told them that I had always sentation of petitions and memorials. tried to do the very best I could, and that if they followed that Mr LONG Then want rt· l b k I ·n t ·t rule they would get along somehow." . · · 1 my a IC e ac . wi PU 1 Another incident of the New York visit wa.s an offer from the in later. 'flew York Centi·al Railroad of a retainer of $15,000 a year as general counsel. Lincoln refused, one of his semiserious rea­ DRAFT OF PROPOSED AMENDMENTS TO TREASURY AND POST OFFICE sons being that he did not want to ruin his family by too much DEPARTMENTS APPROPRIATION BILL CS. DOC. NO. 19) wealth-he estimated that he was at that time "worth" about The VICE PRESIDENT laid before the Senate a communi­ $8,000. But though the fabulous wealth reflected in Wall Street cation from the President of the United States, submitting dazzled him it did not tempt him. From New York he made a short trip into New England, saw his son at Exeter, and delivered a draft of proposed amendments to the bill (H, R. 4442) a number of short addresses, most of them portions or restate­ making appropriations for the Treasury and Post Office De­ ments of the Cooper Union speech, in Connecticut, New Hamp­ partments for the fiscal year ending June 30, 1936, and for shire, and Rhode Island. To the Rev. John P. Gulliver, of Norwich, Conn., who came other purposes, which was referred to the Committee on forward after Lincoln's speech in that town to congratulate him, Appropriations and ordernd to be printed. Lincoln expressed surprise at the praise his addresses were receiv­ ing. He told Gulliver of a Yale professor of rhetoric who had VETERANS' REGULATIONS heard him at New Haven, then had lectured on the speech to his The VICE PRESIDENT laid before the Senate the follow­ class the following day, and finally had gone to Meriden to hear ing message from the President of the United States, which it again. "Now, I should like very much to know", Lincoln said, "what was read, and, with the accompanying paper, referred to the it is in my speech which you thought so remarkable and which Committee on Finance: interested my friend the professor so much.'' Mr. Gulliver's an­ swer was: " The clearness of your statements, the unanswerable To the Congress of the United States: style of your reasoning, and especially your illustrations, which Pursuant to the provisions of section 20, title I, of the act wer~ romance an.d pathos. an.d fun ~nd ~ogle all ~elded together.'' entitled "An act to maintain the credit of the United states With such praise as this rmging m his ears, with the certainty ,, . . of support from eastern leaders who had before been hesitant to j Government , approved March 20, 1933, I am tranEm1tt~g take him seriously, and with evidences of a growing popular back- herewith Executive Order No. 6967 (Veterans' Regulation ing throughout the North, Lincoln returned to Springfield. He No. 1 (f)), approved by me February 8, 1935. was no longer a dark horse. Cooper Union had made him an . . t· d 1 6 dat d accepted and, a..s it turned out, a successful candidate for the This regulation ame~ds Execu.1ve Or er No. 6 5 , . e Republican nomination. June 6, 1933 (Veterans Regulation No. 1 (a)), by addmg If he had the prophetic gift, as he sometimes seemed to have, thereto a new part, V. he must have felt that the wings of destiny were beating above This regulation was promulgated in accordance with the his head as he again walked the quiet streets of Springfield. . . . "An Whether he knew it or not hls road was clear at last. It ran terms of title I, Public No. 2, Seventy-thll'd Congress, sometimes shining and sometimes steeped in unfathomable gloom: act to maintain the credit of the United States Government." straight to the White House, to the Gettysburg Speech, and the FRANKLIN D. ROOSEVELT. second inaugural; to the preservation of the Union, the fre~ing of THE WHITE HousE February 8 1935 the slaves, and immortality. The die had been cast that mght in · ' ' · Cooper Union. INTEREST PAYMENTS OH AMERICAN EMBASSY DRAFTS (S. DOC. POSTMASTER GENERAL FARLEY NO. 18) Mr. LONG. Mr. President, I have been sent a copy of The VICE PRESIDENT laid before the Senate the follow­ the Mobile Post of February 8, with a front-page editorial ing message from the President of the United States, which regarding" Big Jim" Farley, in which they say: was read, and, with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be FARLEY A MENACE TO CLEAN POLITICS printed: The venerable Senator from Nebraska, the Honorable GEORGE W. NORRIS, has introduced a bill in the Senate whereby he seeks to To the Congress of the United States: separate such political bandits as the big pachyderm, Jim Farley from two pay rolls-Government and political. I commend to the favorable consideration of the Congress the enclosed report from the Secretary of State, to the end . And they make this statement: that legislation may be enacted to authorize an appropria­ That would be a pretty mess, due to the fa.ct that Farley ls, tion of not exceeding $44,403.15 for the payment of interest without doubt, the most unscrupulous politician since the days of Boss Tweed, and he would still be Postmaster General even if on funds represented by drafts drawn on the Secretary of a ' figurehead had been named. State by the American Embassies in Russia and Turkey and 1935 .CONGRESSIONAL RECORD-SENATE 1821 transfers which the latter undertook to make by cable com­ In testimony whereof, I have hereunto set my hand and affixed the great seal of the State, at the capitol in St. Paul, this 8th day munications to the Secretary of State during the period of February 1935. · from 1915 to 1920, in connection with the representation by .MIKE HOLM, 'those embassies of the interests of certain foreign govern­ Secretary of State. ments and their nationals. The VICE PRESIDENT also laid before the Senate the FRANKLIN D. ROOSEVELT. following concurrent resolution of the Legislature of the THE WmTE HousE, February 12, 1935. State of Minnesota, which was referred to the Committee (Enclosure: Report.) on the Judiciary: PETITIONS AND MEMORIALS A concurrent resolution memorializing the President of the United States of America to proclaim October 11 of each year as "Gen­ The VICE PRESIDENT laid before the Senate the follow­ eral Pulaski's Memorial Day" for the observance and commemo­ ing joint memorial of the Legislature of the State of Colo­ ration of the death of Brig. Gen. Casimir Pulaski rado, which was referred to the Committee on the Judiciary: Whereas the 11th day of October 1779 is the date in American history of the heroic death of Brig. Gen. Casimir Pulaski, who died House Joint Memorial 4 from wounds received on October 9, 1779, at the siege of Savan­ Whereas the Congress of t~ United States has before it meas­ nah, Ga.; and ures tending toward the reemployment of labor; and Whereas the States of Arkansas, California, Connecticut, Dela­ Whereas the shorter workday for labor as an agent of economtc ware, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachu­ recovery has become one of the vital issues at this time; and setts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, Whereas the hours of labor in the United States should be New Jersey, New York, Nevada, Ohio, Pennsylvania, South Caro­ reduced to a point where the slack in employment may be taken lina, Tennessee, Texas, West Virginia, Wisconsin, and other States up; and of the Union, through legislative enactment, designated October Whereas the application of the 6-hour day and the 5-day week 11 of each year as "General Pulaski's Memorial Day "; and in this country will accomplish the reemployment of labor by Whereas it is fitting that the recurring anniversary of this day industry: Now, therefore, be it be commemorated with suitable patriotic and public exercises 1n Resolved by the house of representatives of the thirtieth gen­ observing and commemorating the heroic death of this great Amer­ eral assembly (the senate concurring therein), That the Congress ican hero of the Revolutionary War; and of the United States is hereby respectfully memorialized and Whereas the Congress of the United States of America has by urged to give thorough consideration to bills establishing a 6-hour legislative enactment designated October 11, 1929, October 11, 1931, day and a 5-day week for labor in industry; be it further October 11, 1932, and October 11, 1934, to be General Pulaski's Resolved, That the Senators and Representatives of the State Memorial Day in United States of America: Now, therefore, be it of Colorado in the Congress of the United States are requested Resolved by the Senate of the State of Minnesota (the House to take such action as will insure consideration of the aforesaid of Representatives of the Sta.te of Minnesota ccmcurring), That we b1lls and that copies be forwarded forthWith to _the President of hereby memorialize and petition the Congress of the United States the Senate, the Speaker of the House of Representatives of the to pass, and the President of the United States to approve, 1! Congress of the United States, and to the Senators and Repre­ passed, the General Pulaski's Memorial Day resolution now pend­ sentatives of the State of Colorado. ing in the United States Congress; and be it further MOSES E. SMITH, Resolved, That the secretary of the State of Minnesota be, and Speaker of the House of Representatives. he hereby ls, instructed to transmit certified copies of this resolu­ RAY H. TALBOT, tion to the presiding ofilcers of the Senate and the House of Rep­ President of the Senate. resentatives of the United States and to each Member thereof JOHN T. DOYLE, from the State of Minnesota. Chief Clerk. [SEAL) M. J, WALSH, HJALMAR PETERSON' President of the Senate. Secretary of the Senate. GEORGE W. Jo~NSON, The VICE PRESIDENT also laid before the Senate the Speaker of the House of Representatives. following concurrent resolution of the Legislature of the Passed the senate the 5th day of February 1935. State of Minnesota, which was referred to the Committee on G. H. SPAETH, Finance: · Secretary of the Senate. Pas.sect the house of representatives the 5th day of Februaey A concurrent resolution memorializing Congress to discontinue the 1935. levy of a tax on gasoline JOHN I. LEvrN, Whereas the question of State finance is becoming increasingly Chief Clerk, House of Representatives. difilcult; and Approved February 8, 1935. Whereas State incomes are derived primarily from direct taxes FLOYD B. OLSON, on real and personal property; and Governor of the State of Minnesota. Whereas the Federal Government from its inception has dele­ Filed February 8, 1935. gated to itself the control of such sources of taxation as the tariff, MIKE HOLM, excise, and income taxes practically to the exclusion of the States; Secretary of State. and - I, Mike Holm, secretary of state of the State of Minnesota, do Whereas the States lacking such taxing powers, inaugurated the hereby certify that I have compared the annexed copy with record policy of taxing gasoline as a partial solution of its · taxation of the original resolution in my ofllce of S. F. No. 378, being Reso­ problem: Therefore be it lution No. 9, Laws 1935, and that said copy is a true and correct Resolved, by the house of representattves (the senate concur­ transcript of said resolution and of the whole thereo~. , ring), That we respectfully petition the Congress of the United In testimony whereof I have hereunto set my hand and affixed States to recede from its policy of a national tax on gasoline, so the great seal of the. State at the capitol in St. Paul this 9th day that the State may avail itself of this additional source of income of February, A. D. 1935. to be levied by it for such purposes as its constitution or laws [SEAL] MIKE HOLM, may direct: be it further Secretary of State. Resolved, That copies of this resolution be transmitted by the secretary of State to the Congress of the United States and to the The VICE PRESIDENT also laid before the Senate the fol­ Minnesota delegates in Congress. lowing concurrent resolution of the Legislature of the State GEORGE w. JOHNSON, of North Dakota, which was referred to the Committee on Speaker of the House of Representatives. HJALMAR PETERSEN, Agriculture and Forestry: President of the Senate. House Concurrent Resolution A-1 Passed the house of representatives January 17, 1935. Be it enacted by the House of Representatives of the State of JOHN I. LEVIN, North Dakota (the senate concurring), That-- Chief Clerk, House of Representatives. Whereas a large percentage of the farmers of the State of North Passed the Senate February 6, 1935. Dakota and other farming States have been and still are severely G. H. SPAETH, suffering from deflation, depression, drought, and other causes Secretary of the Senate. beyond their control; and Approved February 8, 1935. Whereas these causes have placed these farmers in a position FLOYD B. OLSON, Governor. where a large portion of them a.re either compelled to seek Gov­ Filed February 8, 1935. ernment relief and feed and seed help or go out of business; and, MIKE HOLM, furthermore, previous years seed and/or feed loans on the part of Secretary of State. a large number of farmers remain unpaid because of poor crops I, Mike Holm, secretary of state of the State of Minne!)ota, do and financial stress resulting from a combination of these adverse hereby certify that I have compared the annexed copy With record conditions and destructive prices; and of the original resolution in my oftice of H.F. No. 50, being Reso­ Whereas the prices of feed and seed now existing constitute tn lution No. 8, Laws !935, and that said copy is a true and correct all probabillty a wide disparity as compared to the reasonably transcript of said resolution and of the whole thereof. prospective prices of feed and seed of similar quality if a normal 1822 CONGRESSIONAL RECORD-SENATE FEBRUARY 12 crop be realtzed, thus again resulting in an unfair and unequal Whereas said resolution we.s adopted unanimously by the said purchasing or compensating farm dollar: Now, therefore, be it House of Representatives of the State of North Dakota and was Resolved by the Twenty-fourth Legislative Assembly of the state subsequently concurred in by the Senate of the State of North of North Dakota, That we respectfully petition the Honorable Dakota; and Henry Wallace, United States Secretary of Agriculture, the Congress Whereas said resolution urged that the Congress of the United of the United States, and President Roosevelt that they do grant States enact necessary preliminary legislation for the development unto these above farmers, as set forth herein, the privilege of re­ of the St. Lawrence waterway to the sea; and turning bushel for bushel, when and if they get a crop, in full and Whereas such resolution further memorialized the President of fair payment for any and all such feed and seed obligations to the United States to proceed to negotiate a treaty with Canada for the United States Government; and be it further the development of said plan; and Resolved, That a copy of this resolution be forwarded to Presi­ Whereas there is now pending in the United States Senate before dent Franklin D. Roosevelt; the President of the United States the Foreign Relations Committee a seaway treaty, the ratification Senate; the Speaker of the United States House of Representatives; of which is necessary in order that the Great Lakes-St. Lawrence the Honorable Henry A. Wallace, Secretary of Agriculture; Con­ waterway may be completed: Therefore be it gressmen William Lemke and Usher L. Burdick; and United States Resolved by the House of Representatives of the State of North Senators Lynn J. Frazier and Gerald P. Nye. Dakota (senate concurring), That the United States Senate is WILLIAM M. CROCKET!', hereby memorialized to ratify said treaty at the present session of Speaker of the House. Congress, thereby clearing the way for extending ocean carriage WALTER s. MARTIN, 1,500 miles into the heart of this continent; and be it further C4ief Clerk of the House. Resolved, That copies of this resolution be forwarded to the A. S. MARSHALL, Prnsident of the United States and to the Senate and House of President pro tempore of the Senate. Representatives of the United States. F. E. TuNNELL, WILLIAM M. CROCKETT, Secretary of the Senate. Speaker of the House. Dated February 7, 1935. WALTER S. MARTIN, Chief Clerk of the House. The VICE PRESIDENT also laid before the Senate the A. s. MARSHALL, following joint resolution of the Legislature of the State of President Pro Tempore of the Senate. North Dakota, which was referred to the Committee on F. E. TuNNELL, Secretary of the Senate. Appropriations: Dated February 7, 1935. TWENTY-FOURTH LEGISLATIVE AsSEMBLY OF THE STATE OF NORTH D>-KOTA. The VICE PRESIDENT also laid before the Senate a joint Joint Resolution B resolution of the Legislature of the State of Montana, me­ Be it enacted by the Legislative Assembly of the State of North morializing Congress to enact old-age-pension legislation for Dakota- the benefit of persons over 60 years of age, which was re­ Whereas during the past 2 years the Federal Government has set apart and given to the State of North Dakota outright grants f erred to the Committee on Finance. of large sums of money to be used to relieve the needy and desti­ (See joint resolution printed in full when presented by tute citizens of the State; and Mr. MURRAY on the 11th instant, p. 1780, CONGRESSIONAL Whereas the persons needing the relief obtained through these RECORD.) grants were 1n the position of need through no fault of their own, but rather through conditions developing as a result of the The VICE PRESIDENT also laid before the Senate a joint combination of national and international economic disaster with resolution of the Legislature of the State of North Ca-rolina, local drought conditions; and favoring the enactment of legislation to increase the price Whereas serious need continues through failure of improvement in economic conditions together with a continuance of drought; of potatoes so that potato farmers may enjoy a like pros­ and perity to that enjoyed by the wheat, cotton, tobacco, and Whereas it now appears that the tax-collecting power of the hog farmers of the United States, which was referred to the State is in grave danger of complete failure because of the in­ ability of farm, home, and industrial property to meet the de­ Committee on Agriculture and Forestry. mands made upon them; and (See joint resolution printed in full when presented by Whereas the development of this condition prevents the possi­ Mr. BAILEY on the 11th instant, pp. 1779-1780, Co:rjGRESSIONAL bility of the State making increased levies to meet the demands RECORD.) for relief needs until revision of the State constitution can be effected, and which will require 2 years time: Now, therefore, be it The VICE PRESIDENT also laid before the Senate a Resolved by the Legislative Assembly of the State of North letter from the executive secretary, Philadelphia Chapter, Dakota, duly convened, That a memorial be served upon the Con­ embodying resolutions adopted at a general meeting of gress of the United States and upon His Excellency the President of the United States, and upon Harold L. Ickes, Secretary of the the Chapter of the Federation of Architects, Engineers, Interior, and upon Harry L. Hopkins, Federal Emergency Relief Chemists, and Technicians of Philadelphia, Pa·., requesting Administrator, to ~he end that full grants of Federal funds to that a full and free expression of opposition to the so-called meet the relief needs of the State may be continued as in the " Wagner-Lewis security-program bill " be granted to dele­ past; and be it further Resolved, That certified copies of this joint resolution be for­ gates of the above-named federation by the Chairmen of warded by the Governor of this State to the President of the the Ways and Means Committee of the House of Representa·­ United States, to the President of the United States Senate, to tives and the Finance Committee of the Senate, which was the Speaker of the House of Representatives, and to the Members of the North Dakota delegation in Congress. referred to the Committee on Finance. WALTER WELFORD, Mr. CAPPER presented a resolution adopted by the Board President of the Senate. of Commissioners of Topeka, Kans., favoring the principle F. E. TUNNELL, of competitive bidding and the awarding of contracts on Secretary of the Senate. WILLIAM M. CROCKETT, all public-works projects to the lowest responsible bidder Speaker of the House. where 10 percent or more skilled labor is required, which WALTER s. MARTIN, was referred to the Committee on Appropriations. Chief Clerk of the House. Mr. FRAZIER. I have here a petition known as the Filed in this oftice this 8th day of February 1935. JAMES D. GRONNA, "fair play and embargo petition", signed. by 1,083 citizens Secretary of State. of the State of North Dakota, praying for an embargo on By CHARLES LEEMAN, flax, wheat, hogs, cattle, and sheep, and upon pork, beef, and Deputy. mutton products. I ask unanimous consent to have the The VICE PRESIDENT also laid before the Senate the heading and body of the petition printed in the RECORD and following concurrent resolution of the Legislature of the State that the petition be referred to the Committee on Finance. of North Dakota, which was referred to the Committee on There being no objection, the petition was referred to the Foreign Relations: Committee on Finance, and the heading and body thereof TwENTY-FOURTH LEGISLATIVE AsSEMBLY was ordered to be printed in the RECORD, as follows: OF THE STATE OF NORTH DAKOTA. FAm PLAY EMBARGO PETITION Concurrent Resolution A-3 To the Congress of the United States and the Honorable. Members Great Lakes-St. Lawrence Waterway thereof: Whereas on the 20th day of February 1931 there was introduced We, ·the undersigned farmers from the central agricultural in the 1931 session of the North Dakota Legislature a concurrent States, petition Congress to pass laws and provide rules and regu­ resolution relating to the Great Lakes-St. Lawrence waterway; and lations to place an embargo on fiax, wheat, hogs, cattle, and sheep, 1935 CONGRESSIONAL RECORD-SENATE 1823 and upon pork, beef, and mutton products, until such time as the ·J ment of remedial legislation for the refinancing of farm price of said wheat and meat products shall cover the cost of pro- mortgages which was referred to the Committee on Banking duction, and we further petition that the la.w permitting wheat to d CU ' be milled in bond be repealed. an rrency. We, the undersigned, agree to curtail wheat acreage in accord- (See resolution printed in full when laid before the Senate ance with the suggestions and recommendations of the Federal by the Vice President on the 11th instant p 1778 CONGRES- Farm Board. • · • The above and foregoing demands for an embargo on the above- SIONAL RECORD.> named products is requested upon the following grounds and Mr. SHEPPARD. I send to the desk and ask to have reasons to wit· · t d · th n~ t I t• f th T 1. That durl~g .the present depresmon the cost of producing pr~ e Ill e ~CORD. a concurren ~~ U ion o. e exas meat and wheat products is greatly in excess of the price now Legislature on the subJect of appropnat1ons for highway and realized by the sale of the same, and that by reason thereof railroad crossing and grade separation projects in connec­ farmers are unable to pay their bills and debts, and each year find tion with the new-works-relief program themselves further behind with their debts and obligations, and if . · · . the above situation continues for any additional length of time the The concurrent resolution was referred to the Committee farmers will lose their homes and all. on Appropriations, as follows: 2. That during the time the farmers a.re opera.ting at a loss they cannot be purchasers of other manufactured products, and such Senate Concurrent Resolution 9 industries will in turn fall for lack of business, and tha.t all busi­ Whereas the President of the United States has recommended, ness of every kind and nature will be affected by this injustice to and the Congress is considering, as a substitute for relief being agriculture. furnished to employable persons, a program of public works to be 3. That it follows that every kind of business located in the agri­ finan<; Congress to send for persons, books, and papers, to administer RECORD.) oaths, and to employ a stenographer, at a cost not exceeding 25 Mr. LA FOLLETTE also presented a joint resolution of the cents per hundred words, to report such hearings as may be held in connection with any subject which may be before said com­ Legislature of the State of Wisconsin, favoring continuance mittee, the expenses thereof to be paid out of the contingent of the investigation into the activities of munitions manu­ :rund of the Senate; and that the committee, or any subcom­ facturers and the publishing of the findings and recom­ mittee thereof, may sit during the sessions or recesses of the mendations of the Senate committee thereon, which was ·re­ Senate. ferred to the Special Committee on Investigation of the BILLS AND JOINT RESOLUTION INTRODUCED Munitions Industry. Bills and a joint resolution were introduced, read the first A bill (S. 1815) to require certain documents of the Board; George W. Johnson, President; Charles F. Johnson, Jr., Vice President and General Manager. of vessels not wholly owned by citizens of the United States and navigated in the territorial waters of the United States, REPORT OF THE FOREIGN RELATIONS COMMITTEE its territories, or its possessions, to regulate vessels engaged · Mr. PI'ITMAN, from the Committee on Foreign Relations, in the fisheries. and for other purposes; to the Committee to which was referred the bill (S. 312) for the relief of Lillian on Commerce. G. Frost, reported it without amendment and submitted a A bill (S. 1816) to amend the Liquor Taxing Act of 1934, report Manila. During the course of the investigation America. a world vision in leadership in economic and social the chairman of the committee, the senior Senator from planning. 10. It has enlarged our conception of human relatioru;bips and Maryland [Mr. TYDINGS], addressed the members of the con­ has brought about a better general understanding of individual stitutional convention, on December 22, 1934, and in a very and governmental responsibilities; this points t he way to an able address called attention to some of the problems inci­ enlarged cooperative and sympathetic procedure for the solution of dent to the independence that must be faced and solved by future problems. Thus, there has come into the minds and hearts . of the people renewed hope and relief from despair and lack of the Filipino people. security. I ask unanimous consent that that address be printed in There has recently come to my desk from the Economic Research the CONGRESSIONAL RECORD. Division of the Department of Commerce a statistical table showing the comparative results in a score of leading businesses during There being no objection, the address was ordered to be 1932 and the first 11 months of 1934. The gains in most lines are printed in the RECORD, as follows: indeed gratifying. None could even glance at this table and feel that the new deal Mr. President, gentlemen of the constitutional convention, and were other than a protector of American business. citizens of the Philippine Islands, I am grateful for your kind invi­ The first two items which strike my eyes concern industrial and tation to address this convention, for it offers an appropriate manufacturing production. In 1934 each was up slightly more than opportunity to discuss our past common relationship and t o con­ 23 percent over 1932. I note next that these two lines of activity sider the problems of the future incident to independence for the were within 20 percent of their 1923-25 activity. Philippine Islands. For more than 3 decades our two countries and peoples, t hough Automobile production in 1934 was just about double what it separated by thousands of miles, have enjoyed economic and was in 1932. Iron and steel production was up 87 percent. The political union. During that period both countries have trav­ lumber industry, which was dangerously low in March 1932, was up eled far along the highway of progress. We are now approachillg 28 percent in 1934. a permanent dissolution of our present relationship. Therefore, it Other gains noted in this group include cement, boots and shoes, is fitting and wise that we counsel together and, in an atmosphere leather, rubber tires, textiles, and tobacco. of unalloyed truth-and complete frankness, search for t he means Despite wide-spread unemployment, it is evident that more work and measures most likely to achieve our avowed purposes. is being done in factories and on construction jobs. Factory em­ ployment during 1934 showed a gain of 22 percent over 1932, and HISTORICAL .factory pay rolls increased 32 .percent. The United States of America did not secure possession of the Construction contracts increased 14 percent. But residential Philippine Islands bJ deliberate design. Our sovereignty here was construction was o1I, giving proof of the wisdom of the adminis­ a consequence of armed hostility, the cause of which was 10,000 tration in planning increased housing activities. miles distant from the city of Manila. At the conclusion of that other business indicators showing substantial 1934 gains over confiict, through a series of unforeseen events, t he Philippine 1932 include hotel business, magazine advertising, freight-car load­ Islands became a part of the territory of the United States. ings, retail-store sales, foreign exports and imports; wholesale However, at the very start of our sovereignty a national policy prices, farm prices, cash income from farm marketings, bond and was declared that our control and possession of the islands would stock prices, and the net operating income of railroads. be but temporary; that eventually, after law and order and a Of course, there are other signs on the sheet, too. One of great ·stable self-government were established over a period of years, we interest to us concerns commercial failures. They are off 61 per­ would relinquish all rights, control, and sovereignty over the Fili­ cent, as compared with the figures for March 1933. I believe that pino people. This national policy, uttered over 30 years ago, has still better things are in store for business working with the been·reiterated by every President of the United States since t he .administration. administration of President McKinley. More and more, the progressive business men, vastly in the ma­ In 1916 the Congress of the United States formally proclaimed jority in this country, are realizing that such cooperation is t o the it through the enactment of the Jones law. advantage of all. They are sympathetically studying conditions This year, upon the open, direct, and specific request of the and Federal cooperation in solving mutual problems. Filipino people, who sent representatives to Washington to obtain There are, however, many other business men who do not yet it, the Government of the United States, in spite of the great diffi­ subscribe to the program and are withholding cooperation. They, culties attendan~ upon it, enacted a· law which provides for com­ of course, believe they are right, but it is my opinion that when­ plete and absolute independence for the people of the Philippine ever they consider fairly the great saving factors that have come Islands within a definite and short period of time! 1935 CONGRESSIONAL RECORD-SENATE 1827 I repeat that this action upon the part of the American Con­ doubt if what has been done in the Philippine Islands has been gress was in line with a continuously declared American policy of matched before by any country in all the pages of the world's 34 years' standing; but, more particularly, action was taken at history. this time upon the insistent request of the authorized representa­ ECONOMIC FACTORS IN THE PAST tives of the Filipino people who were sent to Washington to obtain We are now about to sever this dual relationship. At a not the enactment of the independence law. far distant date your country and mine will walk in separate Following the passage of that law, commonly known as the highways down the corridors of the future. As you move through " Tydings-McDuffie Act ", its provisions were considered and dis­ the transition period of the commonwealth government and into cussed by the Filipino Legislature, which body accepted it for and the phase of complete and absolute independence, the pathway at on behalf of the Filipino people on May l, 1934. times will be dtificult. Much of this difficulty is unavoidable:­ THE TYDINGS-M'DUFFIE ACT .These difficulties are largely due to a new political economy which Naturally, in the enactment of any independence law, there . now becomes necessary upon the part of the Philippine Islands. were many differing opinions for the disposition of the matter. Since 1909 products produced in the Philippine Islands have There were those who thought that immediate independence was been admitted free-that is, without the payment of any import best; others wanted the independence question postponed for taxes at all-into the United States of America. With actual from 20 to 25 years; while still others held that independence independence these free markets will be closed as they are now should not be considered at all at this time. · closed to all other countries except the Philippine Islands. This After extensive hearings, the time Umit of approximately 12 will call for a rearrangement of the economic life of the Filipino years from the date of the enactment of the _law was thought people. Let me point out how important these free markets are to offer the best opportunity to carry out the national policy of to the workers and producers of the Philippine Islands. the United States and to accede to the Filipino request for definite In 1933 the Philippine Department of Agriculture and Natural Resources stated that the total value of your entire agricultural action. The law itself, among other things. provides for certain manda­ production was P284,000,000. It also reported that of this produc­ tory provisions in the new Philippine constitution prior to actual tion, Pl 74,000,000 was shipped and sold to the United States. In· independence; for submission of that constitution to the President other words, 60 percent of the entire agricultural production of the of the United States for his approval; then for submission of the Philippine Islands in the year 1933 was sold in the free markets of the United States, and only 40 percent was consumed at home constitution to the Filipino people for their approve.I; for matters or sold elsewhere. Bear in mind that this agricultural production affecting international treaties and property rights; for political came from the Philippine Islands without the payment of any relations of the islands with the United States pending complete import tax whatsoever when it entered the United States. After independence; for recognition of Filipino independence and for independence this will not be the case. the withdrawal of American sovereignty over the islands; for the For the past 25 years the Filipino people have had complete neutralization of the Philippines; for notification to foreign gov­ and easy access to the richest market in the world, and in that ernments of actual and complete independence; for tariff duties market you have enjoyed both a viSible and invisible balance of before and after independence; for Filipino immigration to conti­ trade. The visible balance of trade arising from the exchange of nental United States; for the payment of the Philippine bonded products between the Philippines and the United States, not in­ indebtedness, which Philippine bonas were held by the United cluding gold, amounts to about P60,000,000 a year over many States of America, and for other matters of equal import. years, which is in your favor. This shows that you have sold us Like all legislative matters, the independence act may have its P60,000,000 per year more of your products than you have bought imperfections, yet it is doubtful if another could be drawn which of products from the United States of America. This caused a as a whole would better accomplish the objects desired and which flow of wealth from the United States to the Philippine Islands, would have been at that time acceptable to both the American which has made your people prosperous and which has raised the and Filipino people. standard of living here to a point which, I believe, is higher than THE EXPORT TAX AND PAYMENT OF PHll..IPPINE BONDED INDEBTEDNESS that of any other people in the Orient. The export-tax provisions of the independence law seem to have Moreover, it has permitted the Filipino people, with the encour­ evoked the most discussion in the islands. It is well to note that agement and help and guaranties of the United States Govern­ these export-tax provisions were inserted to accomplish the three ment, to build highways, construct railroads, build hospitals and following purposes: First, to settle accounts completely between improve health, create parks and playgrounds, establish a system the Philippines and the United States when actual independence of education so that the masses might taste of its benefits, to own is obtained, so that the United States might not be kept in the lands and homes, and in general to provide your fellows with the position of morally guaranteeing the payment of another country's luxuries in many cases and the necessities in most cases, which obligation. in which country it has no voice in the conduct of are demanded by prosperous people everywhere. affairs; secondly, the payment of this debt will start the inde­ During this period of time American officials and employees were pendent Filipino nation upon its way free of all indebtedness being gradually supplanted in governmental offices by Filipinos; whatsoever, and hence place the new Filipino nation in the and while the whole progressive pattern was being woven, you have strongest position possible for the settlement of then-existing not had to bear a single centavo of the cost of full and complete independence problems and for conducting the affairs, both in­ national defense and protection of the United States Army and ternal and external, of an entirely newly born country; third, for Navy, whiCh have been at your service. The officers and men and 5 years the export tax does not apply on Filipino products. These equipment of this Military and Naval Establishment, supported taxes begin and increase the sixth, seventh, eighth, ninth, and entirely by the people and resources of the United States, cost the tenth years. American taxpayer about two-thirds of every tax peso which he After 10 years, while export taxes on Filipino products are no pays to the Government of the United States. They have been longer levied, import taxes wm necessarily have to be paid by available, nevertheless, without financial cost to you to protect Filipino producers, many times greater than the export taxes, and defend the Philippine Islands whenever your territory was in whenever the Filipino people send their products to the United danger. States for sale there. Such taxes are now paid by producers of ECONOMIC FACTORS OF THE FUTURE all other countries upon the entry of their products into the With the coming of independence the American market, which I United States. Obviously, therefore, the imposition of the export have shown has contributed so much to Filipino progress and taxes will commence to prepare the Filipino producer for the situ­ prosperity, will be closed to your people, except upon the payment ation which will confront him when, as a citizen of an independ­ of tariff taxes upon the products you sell to us. Again, the prob­ ent country, he desires to continue to sell his products in the lem of national defense, like all problems of national existence for United States. To make no provision for such a contingency and independent nations, will become one alone for the new Filipino to have it all fall upon the shoulders of the Filipino producers at government. . one time would be cruel and inhuman and cause hardships which Fortunately there is a period of from 10 to 12 years to prepare a gradual infliction of such taxes will, to some extent, mitigate. for and cushion the pending economic dislocation. In order that I repeat that to provide for all the manifold problems in an we may deal with this matter in an atmosphere of complete frank­ independence law was not easy. However, every attempt was ness and candor, I am taking the liberty to point out some of these made to do so with the aims of botl1 nations in view and so as to difficulties in the hope that this may be helpful, and the hurtful accomplish the desired results in the shortest period of time and economic consequences which would result from a nonconsidera­ with the least injury to both people concerned. tion of these matters may be reduced to the fullest extent. THE RECORD OF THE UNITED STATES IN THE PHILIPPINES Let me illustrate some of these trade and market difficulties Here, in the presence of this convention, which is engaged in which must be faced. Bear in mind that I have already pointed writing a constitution which it ls hoped will be the aegis for a out that only last year you sold to the United States, free of any progressive, prosperous, and humane people, I cannot refrain, even import taxes, 60 percent of the entire agricultural production of at the price of immodesty, from feeling a d~ sense of pride in the the Philippine Islands. Now, for the 3 years of 1931, 1932, and large and unselfish contribution and accomplishment which the 1933 you sold to the people of the United States commodities con­ United States has made to the Filipino people. You have been sisting of cane sugar, coconut oil, coconut meat, copra, oil cake given ordered and modern liberty without coercion; an unprece­ and meal, cordage of manila hemp, cotton-wearing apparel, cotton dented prosperity without exploitation; and, with these gifts, you laces and embroideries, fiber hats, cigars and cheroots, tobacco, have been furnished national defense of your property and people cabinet wood, pearl and shell buttons, pineapples, and other items. without any cost to, aid from, or responsibility of your provisional During this 3-year period the total sales of these products to the government or your people. Humanity and progress have marked people of the United States amO'Unted to P522,000,000, nearly all of our past relationship. America's real heart, real intention, and which were sold without the payment of any tax to us whatsoever worth-while contributions are plainly written today in the law and because you are now a part of the United States of America. order which prevails in these islands and in the prosperous con­ Had you been then an independent country, during this same tentment plainly visible in the faces of the Filipino people. I 3-year period, you would have had to pay, as all other inde- LXXIX--118 1828_ CONGRESSIONAL RECORD-SENATE· FEBRUARY 12

pendent countries have to pay, upon this "522,000,000 of products NATIONAL DEPENSJl which you sold to us. import taxes amounting to P440,000,000. With the withdrawal of sovereignty of the United States from · In sum to state the same thing another way, instead of receiv­ the Philtpptne Islands and the accomplishment of complete and ing, as y~u did, P522,000,000 for the products you shipped us in absolute independence by the Filipino nation the problem of 1931, 1932, and 1933, you would have received, after the payment national deftnse for the islands likewise must undergo a new con­ of these import taxes, only P82,000,000, a loss to Filipino producers sideration. When the fiag of the United States of America comes and laborers of P440,000,000 in that 3-year period. down and there ts raised the fiag of the new Flliptno nation, the ~as.in let us translate these large sums of Filipino money into responsibility for your national defense passes from the hands of more intimate and understandable values. Your sale of Filipino the United States to the new Filipino government. To expect the products to the united states during the last 3 years has been United States to bear responsibility for the acts of a nation over Pl 74,000,000 a year. Now, assuming that there are 14,000,000 peo­ which 1t had no control whatsoever would be as lllogical as it ple in the islands, these sales are eqUivalent to M.2 per year for would be to ask the Flllplno people, once they are independent, to every Filipino man, woman, and child in your population. Allow­ defend the shores of the United States. Sovereignty and respcmsi­ ing six persons to each Filipino family, these sales represent P72 billty walk hand in hand. Without sovereigrity there cannot be per year for every family in the Philippine Archipelago. Again, responsibtlity. assuming that the average monthly pay for Phillpptne- labor is THE NEW PILIPINO NATION P30 per month, it means that from ~ sales of Filipino prod­ ucts to us you have received sufficient money to provide work for I think the record will show that your speaker has on every one person from every family in the Philippine Islands steadily occasion in the Congress of the United States been a champion of for two and a half months out of each year. Filipino rights. Whenever matters aJiecting our mutual relation­ ship have arisen, I have tried, within the limits of my ability, to Again, the money obtained from the sale of your products to I us each year ls equal to 3¥2 cavans of rice for every man, woman, sincerely present the Filipino view and to r:iafeguard, insofar as and child in the Ph111ppine Islands, or you have received suffi­ might, Filipino interest. I have no intention at this time to alter cient money from the sale of your products to us to purchase, at that position. . ' P30 each, 5,800,000 carabaos, or more than 2 care.baas for every Because of my record in the American Coiigress toward Filipino family in the Philippine Islands. matters, because of the great a.trection which I have for the These lllustrations show how much of the life and prosperity people of the Phllippine Islands, and because I wish you well in your new venture of nationhood, I have taken the liberty of of the Philippine Islands is dependent upon the sale of your prod­ pointing out the diffi.culties ahead. In the not fa.r distant future ucts to the people of the United States. They also show the great hardship which would come to the Filipino people as a. result of the Phlllppine Islands will achieve complete and absolute inde­ pendence from the United States. What does complete and absolute absolute and complete independence, when the sale of much of independence mean for any nation? Some contend that it means your products in the United states would become impossible if the right and privilege to·govern itself. Does 1~ not mean more than you would then be required to pay the import taxes which I this in reallty? Does it not mean that it must devise a wise have commented on before. They likewise show the justification political economy, so that from that economy it can produce sum­ of impooing the export taxes upon your products, commencing cient governmental revenue to provide for the common defense, 5 years from now, so as to prepare the Filipino Nation for the promote the general welfare, establish a system of education for circumstances which will confront it when complete independence the masses of the people, improve and safeguard their sanitation 1s obtained. and health, build roads and foster other means of land and water Further, it can be seen that it will be diffi.cult for Filipino busi­ transportations to assist in the exchange of ~eir commerce, estab­ ness men and institutions to obtain loans and capital to continue llsh courts and provide sufficient police force to support and en­ the development of your natural resources until you have demon­ force the laws of the nation. and, in addition, to govern so wisely strated your ability to deal with the economic conditions I have its people and commerce that· the· governinent will have sufficient menti'oned and to set up a stable and workable political economy revenue at all _times tc:> promote the mass progress of the people which will give to capital the element of safety which it requires within its territorial limits and to adequately defend them against in making investments. attack from without? · Anticipating the full consequence of complete and absolute in­ This ts the goal to which the Filipino people a.spire. You have dependence it will be necessary to make such cost-of-production asked for the opportunity to reach this goal and have stated you adjustment' of the things which you produce and sell as will permit are ready· to assume the responsibilities which go hand in hand the Philippines to compete successfully With other countrie.s pro­ With the privileges of an independent nation. You have stated ducing similar products for sale not only In the United States that you are ready to undertake the solution of the attendant dif­ market but in all the markets of the world. ficulties; that you are willing to bear the· grave responsibilities of That such cost-of-production adjustments are necessary can be nationhood. Therefore the United States ls beginning the termi­ illustrated by commenting on a single product which you export in nation of its sovereignty in the Philippine Islands. The people of great abundance. The present cost, c. 1. f., to New York of sugar the Phlllppine Islands are taking up the responsibilities of their averages P5.40 per 100 pounds, compared with the Cuban cost of future destiny. P3.80 per 100 pounds and the Ja.van cost of about P2 per 100 pounds. The United States of America has kept its word. Its promise The higher cost of producing Philippine sugar 1s due partly to is approaching fulfillment. Your request for action has not been lower production per acre as compared with Java, partly to higher denied. It is presumed that you were just as sincere in making wages, and partly to other factors. The cost of production, perhaps, this request of the United States as the United States was sincere could be reduced, so as to permit competition With Cuban sugar, in making its promise to grant ultimate independence to your only by severely cutting down capital investment, which ls high in people. the Ph1lippine Islands, where most of the mllls have been built I believe our contact With your people and temporary control when construction and material costs were high. It is doubtful, over your destiny will prove in after years to have been one of the however, whether this a.lone would permit Philippine sugar to com­ most unselfish and idealistic contacts of one people with another. pete with that of Cuba and Java after you are an independent This fact, I hope, will find room for expression upon the future nation. Indeed, some informed Fllipmo economiB'ts have stated it pages of Philippine history,· and I believe the historian will say that will be necessary to reduce wages by at leal?t 60 percent. The same . my country has tried to be helpful and has improved immeasurably effect could be obtained by devaluing the peso, but it should be the well-being of the people of these islands. stated that such an expedient is attended ah other difficulties I have welcomed this opportunity to address you, and through and may offer but temporary rellef. you the Filipino people. l have tried to do so in a spirit of good DIFFICULTIES OF IMMEDIATE INDEPENDENCE will, sincerity, and frankness. I have ventured to comment briefly upon your future problems, to explain why certain measures have Such economic dislocation as has been shown for the people of been adopted, and to point out the obstacles which yet lie ahead, the Philippine Islands after independence,~ unprovided for during so that hereafter it may be said that nothing was concealed from the transition period, will result in great hardship throughout the the people of the Phlltppine Islands. America, I am sure, will con­ islands, and for that reason a period of 12 years was selected 1n preference to immediate independence, although it was the desire sider seriously in the future any proposal you may suggest, incident to independence, which will conduce to the welfare of the people of the United States to grant independence at once if the circum­ stances would have permitted such action to be taken. It is my of both countries. own belief that persons in both countries who are conversant with Through the medium of open covenants openly arrived at, our economic factors, whatever their emotional, political, and spiritual union Will be dissolved in an atmosphere of friendship and mutual impulses may be, Will not, after a full examination of the facts. understanding, to the end that after independence we may con­ contend that immediate independence is the best solution of this tinue to carve out our separate "dest inies. still joined by the golden problem. Certainly it is doubtful whether such a contention would ties of mutual regard and good Wishes, one for the other. On behalf be made by informed persons if they had the real welfare of the of my associates of the µiission and myself, may I publicly thank Filipino people at heart, or if they did not wish to destroy all the you all for your hospitality, your helpfulness and kindness, and accomplishment of the Philippines while under the United States wish you Godspeed. of America. POSTMASTER GENERAL FARLEY To grant complete and absolute independence to the Philippine Islands tomorrow without giving time for the necessary readjust­ The VICE PRESIDENT. The Chair lays before the Sen­ ments would destroy overnight the export trade of the Filipino ate a resolution coming over from a previous day. people. At the same time there would be such a decrease in the The resolution (S. Res. 74), submitted by Mr. LoNG on the national income of the Filipino people and such a material reduc­ tion in the sources of taxation that much of the education, health, 11th instant, is as follows: transportation, and general prosperity of the islands would dis­ Whereas it has been reported that James A. Farley, acting as appear and the new government would be forced to carry a load Postmaster General and in various other capacities for the Unit ed which, to say the least, would be extremely d.itlicult for any nation States Government, has conducted a private business for the sell­ to bear. ing of materials to persons engaged in doing public construction 1935 CONGRESSIONAL RECORD-· SENATE 1829 work for the United States Government, and that in some in­ . Mr. LONG. Yes, Mr:President. I think this is an unusual stances concerns buying materials from the said concern in which procedure to be suggested by the Senator from ·Arkansas. the said James A. Farley is interested have received contracts through as many as three low bidders being disqualified; and That is not in accordance with the precedents which have . Whereas it is further alleged that the said concerns favoring been followed in cases of this kind . the firm of the said James A. Farley with business have been able. Mr. BORAH. · Mr. President- to secure changes ·in specifications netting them large sums in profits after the award of contracts, and it being alleged that such The VICE PRESIDENT. Does the Senator from Louisi­ changes are deliberately made for the purpose of allowing large ana yield to the Senator. from Idaho? profits and avoiding competition; and . Mr. LONG. I yield. . Whereas it is further publicly known that the said James A. Far­ Mr. BORAH. I suggest the absence of a quorum. Several ley has used the Printing Office and facilities of the United States Government for the purpose of gratifying personal whims and Senators are absent who should be here. caprices of personal and political friends, even to the printing of The VICE PRESIDENT. The clerk will call the roll. stamps never to be used; and The legislative clerk called the roll, and the following Whereas it has been further charged that the said James A. Far­ ley is implicated in a wire service leading into the gambling Senators answered to their names: houses in the United .States from the race tracks, and is using Adams Connally Keyes Pittman the functions which he supervises for the Government to pursue Ashurst Coolidge King Pope said business for profit to himself and to his friends; and Austin Copeland La Follette Radcliffe Whereas it is further alleged that without pay or compensation Bach.man Costigan Logan Reynolds B~iley Couzens Lonergan Robinson for the same, the sai~ James A. Farley has commandeered for Bankhead Cutting Long Russell his personal use, facilities of public-service corporations borrow­ Barbour Dieterich McAdoo Schall ing money from the United States Government; and Barkley Donahey McCarran Schwellenbach Whereas it has been charged that the said James A. Farley on Bilbo Duffy McGW Sheppard the eve of a loan being granted to a railroad in. West Virginia, Black Fletcher McKellar Shlpstead telephoned the leading factor of that concern that it was to his Bone Frazier McNary Smith interest to take a certain political position affecting the election Borah George Maloney Steiwer of a United States Senator; and Brown Gerry Metcalf Thomas, Okla. Whereas there are general and specific charges of misconduct, Bulkley Gibson Minton Thomas, Utah irregularity, dishonesty, and other activity on the part of the said Bulow Glass Moore Townsend James A. Farley, it is due to the people of the United States, the Burke . Gore Murphy . Trammell , Government of the United States, and the said James A. Farley, Byrd Guffey Murray Truman Byrnes Hale Neely Tydings that a reasonable and fair disclosure be made of said matters: Capper Harrison Norbeck Vandenberg Now, therefore, be it Caraway Hatch Norris Van Nuys Resolved, That the Senate of the United States does hereby Carey Hayden Nye Walsh order an investigation into the publlc and official conduct of the Clark Johnson O'Mahoney Wheeler said James A. Farley and all matters conducted by him affecting the business of the United States and the expenditure of funds Mr. ROBINSON. I desire to announce that the senior of the United States, and that the said committee be composed of Senator from Illinois [Mr. LEWIS] and the junior Senator three Members of the United States Senate, not more than two of whom shall be members of the same political party, to be se­ from New York [Mr. WAGNER] are necessarily detained from lected by the Vice President of the United States and to be ap­ the Senate. proved by the said Senate; and that said committee shall have all I also wish to announce the absence of the junior Senator authority necessary and proper to procure evidence, summon wit­ from Louisiana [Mr. OVERTON] by reason of illness. nesses, to hear testimony, and compel the production of books, records, accounts, statistics, employ experts, and do any and all The VICE PRESIDENT. Eighty-eight Senators have an- such other things as may be necessary to carry out the purpose of swered to their names. A quorum is· present. · said investigation; and be it further Resolved, That any reports of investigations and data secured by LET US HAVE HONEST GOVERNMENT the Department of the Interior, particularly through Louis Glavis Mr. LONG. Mr. President, this is the most unusual pro­ and those associated with him, on the affairs i.n which said James A. Farley has participated for the Government of the United cedure that has been suggested for a resolution. This is a States, be forthwith furnished to the United States Senate to be, most striking illustration of what I would call investigating after proper perusal by Members of the said United States Sen­ whether or not to investigate. In other words, we are now ate, referrE'.d to the said committee to be provided for herein. going to have the resolution, if the motion of the Senator Mr. ROBINSON. I move that the resolution be referred from Arkansas can be made to prevail, sent to the Commit­ to the Committee on Post Offices and Post Roads. tee on Post Offices and Post Roads to decide whether or not Mr. LONG. Mr. President- there are sufficient facts to justify. the consideration of the The VICE PRESIDENT. Does the Senator from Arkansas resolution. yield to the Senator from Louisiana? I have asked that there be an investigation. The Senator Mr. ROBINSON. I yield. from Arkansas counters that there be an investigation to de­ Mr. LONG. The resolution has not yet been called up. termine whether or not there should be an investigation. We The Senator from Arkansas probably was paying attention have never had that as long as I have been in the United to the calendar. States Senate that I know anything about, nor at any time Mr. ROBINSON. Yes. before that time, that any man possessed of the capacity, · Mr. LONG. Is that what is coming up? at least the alleged capacity, to ransack, to rule, and gen­ Mr. ROBINSON. Yes; the resolution of the Senator from erally supervise and otherwise interfere in the handling of Louisiana. the bus1ness and the money and the authority of the United Mr. LONG. Mr. President, I want to be heard on that States Government, who is brought up here on responsible motion before it is acted on. I had not expected the Senator charges that·have been hurled from one end of the country from Arkansas to move to refer the resolution,.this morning. to another day after day, accused, not only accused but even I was in the mood of allowing Senators to consider the mat­ admitted in Government· circles to have been a participant ter for a couple more days before calling it up for final in gross irregularities-for that man, when he is asked to action. I am unwilling to have the resolution sent to any come up for any ordinary senatorial investigation, to have committee, for reasons well known to everyone who sits in a motion come into this body to say there ought to be an the United States Senate. investigation, or rather that there ought to be a committee Mr. President, why is this resolution going to be sent to to decide whether or not Mr. James Farley can be inves­ a committee? · tigated. Mr. McNARY. Mr. President, a parliamentary inquiry. I have this morning received a few little things through The VICE PRESIDENT. The Senator will state it. the mail. In fact, various matters are coming through my Mr. McNARY. Has the Senator from Arkansas moved to mail relative to this gentleman. I have not had the time refer the resolution to some specific committee? to investigate all of them, but I investigated one of these The VICE PRESIDENT. The Chair understands the mo­ gentlemen and I find that he is a responsible gentleman who tion of the Senator from Arkansas to be that the resolution has served with distinction in some of the impurtant a·ffairs be referred to the Committee on Post Offices and Post Roads. of journalistic conduct in this country. He sent me this That is the motion which the Senator from Louisiana is now letter this morning, Mr. President, and I am going to read discussing. just a few lines from it: 1830 CONGRESSIONAL RECORD-SENATE' FEBRUARY 12. When Farley was appointed Postmaster General he resigned as me as a Member of this body, although it ·was never offered president of the General Builders' Supply Co., 205 East Forty­ second Street, New York City, and the business is now managed by a Member of this body, was investigated by three com­ by Farley's wife's brother, Harry Finnegan. I a.m told, on what I mittees. consider good authority, that Farley has another silent company Mr. BAILEY. That does not answer my question, Mr. known as the " General Contracting Co." On asking informant President. I ask the Senat.or again-- where the company's office is located, he said, "In Farley's hat." Informant says that " Farley's hat " company is rece:Wing the Mr. LONG. I refuse to yield further until I get through contracts for new post offices. They prefer those that cost from answering the question. $200,000 to $300,000, as they attract less attention. The " ha.t " The VICE PRESIDENT. The Senator declines to yield. company is supposed to have received three contracts last week, one of which is believed to be for the new post office in Flynn's Mr. LONG. · I have made no charges whatever. I have borough, in the Bronx. This post office is to cost about $7,000,000, asked an investigation, which is the only way by which eye­ I am told. I am told that Farley made a million out of the cement to-eye. lip-to-lip evidence can be adduced before a com­ he sold to the city in the construction of the Eighth Avenue mittee of the Senate. We have not anybody who can come subway. Following is an interesting tale that was unraveled to me a here on this floor-because nobody but a Senator can come few days ago: here--we have no one who can furnish. information unless "Wealthy former State Senator Na.than Strauss, who was a. can­ the investigator gets his information from the contacts he didate for Manhattan Borough president on the recovery anti­ makes with other people. · Tammany ticket in the last mayoralty election, and who was de­ Mr. BAILEY. Mr. President-- feated, owned a large unused tract of land on the outskirts of Flynn's borough, the Bronx. Strauss, who had started off with The VICE PRESIDENT. Does the Senator from Louisiana Tammany, but was pulled over to the recovery party after he had further yield to the Senator from North Carolina? contributed $5,000 to the Tammany campaign, through the infi.u­ Mr. LONG. I will yield for a question. ence of Flynn and Farley, all to the liking of others, set up what today is known as the " Hillside Development Corporation." With Mr. BAILEY. I merely wish to ask the Senator if he loans pouring out of Washington for so-called "slum removal", thinks he has responded to my question. the Hillside Co. obtained such a loan from the Government, with Mr. LONG. Yes. the Government taking a mortgage on the property. Mr. BAILEY. Then I leave that to the Senate and the You understand, Mr. President, we have a whole lot of country. talk about having slums removed. According to this letter, Mr. LONG. All right. I will leave it to the country my­ under the guise that they were participating in slum-removal self when Mr. Farley's name comes up next time, too, and we work, these people went out and got some vacant land in will find out how we all come out. I will leave it to the people the name of what they called the " ffillside Development of the United States about this Farley-ized government. Do Co.", and the Government poured money into the Hillside not think I am a bit afraid of anything. I left it to the Development Co. under the guise that it was for work con­ people of Louisiana last fall. Do not think I am a bit afraid nected with the slum-removal campaign. of it. It cannot get too hot to suit me on this Farley issue I read further from the letter: · Daughter in the galleries]; and the more you leave it to the The loan being granted on the basis of slum removal was people the better I like it. I am willing for my good friend ridiculous, as there were no slums to be removed. from North Carolina to leave it to the people of North Caro­ The development of this property started off in a big way. All lina. We both run at the same time, and I will leave my of a sudden 1t stopped; a.nd the information given to me from two record to the people of Louisiana. Maybe the people of the sources, usually reliable, is to the effect that work could not resume until the brick and other building material cazne from the two States will not think alike, but I think I know how the right place-namely, Farley. It would appear that removal of the people of my State think. Further than that, I have pre­ lid of this project alone would tend to remove the mask from sented here, from the New York World-Telegram, the identi­ Farley and perhaps involve Flynn. cal facts, day after day, night after night, month after month, The publicity management of this project has been handled by Mr. Charles Keegan, former secretary to Joseph McKee when presi­ where contract after contract was bid on, and the low bidder, dent of the board of aldermen, and whom Flynn plans to send to was somebody besides Stewart & Co., but that when Stewart & Congress, assuming he will be elected in a. special election Governor Co.-who confess they give their material business to this in­ Lehman is to call soon to elect a successor to the late Congressman Griffin from the Bronx. stitution of James A. Farley's-failed to bid low on the con­ I am also told that Farley has a tie-up with James Stewart tract, the contract was rejected and the low bidder was not &Co.-- allowed to have it; and the authorities readvertised the con­ Well, we know that from what we read yesterday. tract, and James A. Stewart & Co. bid the second time, and Mr. BAILEY. Mr. President, may I interrupt the Senator? the second time they were not the low bidder, and the author­ Mr. LONG. Yes, sir. ities canceled that bid, t.oo; and the third time, when this concern of James A. Stewart & Co., buying its materials from Mr. BAILEY. The Senator is reading a letter from a Jim Farley, was not the low bidder, they canceled out the gentleman for whom he vouches upon information; but the third award on some kind of a ground; and the fourth time, writer of the letter makes no accusations whatever, but when James A. Stewart & Co. happened to be the low bidder, relies-- the contract was awarded to James A. Stewart & Co., but Mr. LONG. I yielded only for a question; that is all. subsequently the Government officials changed the speci­ Mr. BAILEY. I desire to ask the Senator a question. fications so as to allow this concern, buying materials from The VICE PRESIDENT. Does the Senator yield further? Farley, to furnish inferior products, without any competitive Mr. LONG. All right; what is the question? bids being had therefor. Mr. BAILEY. The writer of the letter relies upon the Mr. BAILEY. Mr. President-- statement, reiterated over and over," I am told." That is the The PRESIDENT pro tempore. Does the Senator from situation, is it not? Louisiana yield to the Senator from North Carolina? · Mr. LONG. Yes, sir. Mr. LONG. I do. I yield to the Senator. Mr. BAILEY. I wish to ask the Senator from Louisiana Mr. BAILEY. Does the Senator make the accusations if he would have me make accusations against him in the which he has just stated upon his own knowledge, or upon Senate of the United States upon letters received from his hearsay? · constituents in Louisiana in which they use precisely that Mr. LONG. I make them upon the word of what I con­ expression," I am told." I desire to say to the Senator that sider to be many responsible people and institutions. I have consistently refused to entertain baseless insinua­ Mr. BAILEY. I ask the Senator the question. tions; and I ask him whether he wishes me to proceed upon Mr. LONG. It is impossible for a United States Senator the principle of the Golden Rule and do to him as he is to give anything but hearsay testimony. now proposing to do to a member of the Cabinet of the Mr. BAILEY. Only hearsay testimony? President of the United States? Mr. LONG. That is all that any United States Senator Mr. LONG. I will say to the Senator that everything could give; but I am asking the Senate to have an investi­ that has been sent to the United States Senate concerning gation. What harm can .an .investigation of these matters 1935 CONGRESSIONAL RECORD-SENATE 1831 do when we are asking nothing except that the Senate in­ canceled it out three times before, and then they changed the vestigate whether or not Farley is guilty of these things? specifications. In order to do what? Anybody with a thim­ Mr. BAILEY. I wish to have the issue straight. Accu­ bleful of sense would know that there is bound to be some­ sations have been made to me concerning the Senator from thing rather curious in that kind of device. When they Louisiana upon hearsay. I challenge him here to say rejected the low bid the first time, the Senate ought to have whether he wishes me to present to the Senate those accu- investigated. sations upon hearsay. . Mr. President, I let out $100,000,000 worth of work as Mr. LONG. I do not care. Accusations have been made Governor of Louisiana, and we called in an advisory com­ to me concerning the Senator from North Carolina. [Laugh­ mittee of 19 independent citizens before we would consider ter in the galleries.] rejecting a low bid, because it was almost a sign of fraud on Mr. BAILEY. I have no doubt of it. its· face unless good cause were shown. Mr. WNG. Why, certainly. I am not arguing thorn No, no! The United States Government, which is sup­ points. I do not suppose there is a man in the Senate about posed to be the paragon of perfection; the United States whom there have not been accusations. I am about the only Government, which is supposed to teach the State govern­ one who has been investigated, however. I have been in­ ments how to be at least honest and responsible; this Gov­ vestigated three times. By the time the Senate investigates ernment, which is spending all this money, $4,800,000,000 if every other Member three times they will be on the level they can get it-and God help the people when they get it-­ with me about these matters. [Laughter in the galleries.] this Government, which is going out to spend more money, The PRESIDENT pro tempore. The Senator will suspend which is going to throw it into the same sort of debauchery for a moment. and rampant irregularity of this•type and standing; when, The Chair wishes to state to the occupants of the galleries on the eve of this immense expenditure that is to be made, that they are the guests of the United States Senate. They we come here representing the sovereign taxpayers and citi­ have no right to interfere with the procedure of the United zens of the United States and ask that there be a senatorial States Senate by any audible conversation, by any laughter investigating committee authorized to inquire into these or noise. The present occupant of the Chair directs the charges specifically enumerated with regard to Mr. James A. doorkeepers to see that this admonition is heeded, and if it Farley, generalissimo of the United States of America-oh, is not heeded the galleries will be cleared. no; we should not have it; the matter ought to be referred to Mr. LONG. Mr. President, when it comes to the matter of a committee. considering Mr. Farley, I have presented the information Referred to a committee for what? What is there for a coming to me, which appears to come from very, very respon­ committee to investigate? Shall it investigate whether or sible sources; and I understand that most of it is admitted. not the Senate will be allowed to investigate? That is a re­ I understand that there is not any question whatever that markable, an unusual procedure, when we come to ask, Mr. Farley's concern was selling to James A. Stewart & Co. with the specific facts enumerated, that there should be the material to be used in public work on the very identical investigation of the investigation! job where the low bid was rejected three times, and the fourth Mr. President, I take no offense at what the Senator from time the contract was given to James A. Stewart & Co.; and North Carolina has said. I take no offense at what he said. then the specifications we-e changed, after the contract had I do not think it is in keeping with the rules of the Senate, been awarded, so that a different kind of granite could be but I take no offense at what the Senator from North Caro­ used than that originally contemplated in the bid. lina said, none at all. But why make flesh of one and fowl Why, Mr. President, we cannot afford to leave that kind of of another? Why have the Privileges and Elections Com­ a thing hanging here, with everybody knowing it to be the mittee investigating? Why have an investigation even of a truth, unless that newspaper publishing the data misquoted Member of the United States Senate, who is supposed to have the Government's circulars and statistics and data on it; a little prerogative in this body, some prima facie respect? unless a deliberate, palpable misquotation of fact is contained Why, when you have had special committees and the Judi­ in this particular newspaper, the World-Telegram, known to ciary Committee and the Committee on Privileges and Elec­ be friendly to this administration, known to be cheek-by­ tions investigating, throw up a defense for Farley against jowl with the administration at this time. If what it pub­ somebody from the State of Louisiana? lished consisted of proper representations, and in most in­ It is carrying the ducks to a poor pond of water to come stances quotations, then we know these things to be at least here to try to defend Farley, Farley, Farley, to bow down reasonably accurate; that the bids received from this particu­ to this demon holding in his right hand the pawer to appoint lar company, in all cases of which we have any knowledge, the court officials who prefer indictments, the men who were generally given an accredited standing beyond those of conduct prosecutions; holding in one hand every power that any other concern even to such an extent that when they can restrain or that can unloose justice, the power and au­ were not the lowest bidder they were given some kind of thority and processes of justice, and holding in the left hand, cancelation of the bid altogether, and the bids were taken out dyed, according to these sta.tements, with every slime of cor­ again, and in the final analysis, when James Stewart & Co. ruption and blood and crookedness known to politics-hold­ sharpened the pencil and went low enough, they changed the ing there the power of expenditure and the purse strings and specifications in order that they might give them a cheaper the money not in the .millions but in the billions. grade of granite in oTder that there could not be any compe­ Oh, my friend the Senator from Arkansas laughs. It is tition on the bids. awfully funny. I come from beneath the pressure of the Any man who has had any experience in letting contracts feet of the kind of scoundrels to whom I have been referring. knows of that kind of business. I have approved contract I represent a people who have had to stand for that and pay after contract as Governor of the State of Louisiana. We the bill. I represent a poor, down-trodden set of people in know what it means when specifications provide for one kind Louisiana, Arkansas, Mississippi, and even in some of the of material and then, without any bid whatever, you allow other parts of the country, Texas and New York, and every.­ the substitution of another kind of material. where where my kinsmen live, who are people who have to That is frequently. done; that is commonly done in lots of pay the kind of taxes imposed as a result of this Farley our contracts. But 'here is a case where they deliberately, squandering. Those are my blood kin. In addition I repre­ according to these facts published, gave an inferior type of sent a sovereign State. granite, and they gave it in a case where James Stewart & I could laugh if I were in the position of my friend the Co. were not the low bidders three straight times, and they Senator from Arkansas. But I was called upon by the man gave it after they had canceled out the low bid time after who lives in the White House to go out and collect money to time, one time, two times, three times; the fourth time James bring to an end this kind of alleged crookedness existing in Stewart & Co., buying the material from Farley, happened to the affairs of the United States Government. I was called be low. They got the contract that time, though they had upon to go and appeal to the people of this country and tell 1832 CONGRESSIONAL RECORD-SENATE FEBRUARY 12 them that there would be an end to this slime and filth and had .no mucilage on it, if they only gave a credit of $5,000. rottenness in Government, which was not alleged to be half But it says they deducted $5,000- so bad under the preceding administration as it is said to be which Admiral Peoples said the division considered quite sufficient. under the present practices of Jim Farley. He stated- I went out and took up the torch. There were not so many of us sitting around here carrying the torch for Roosevelt in So-and-so. But in this very same matter and in this very t.hose days; and those who were, were not going to the washer­ same connection they held further that they let contract women, as I was, and to the plow hands, as I was; they were after contract to James Stewart & Co., and that in connection not going back to the laboring people, the common element, with these contracts, when the James Stewart & Co. was not and asking them, not to give a hundred dollars-we could not the low bidder, three times in succession they canceled out ask them for that much-but asking for the nickels and the the authority and gave the bid on the fourth bid to this con­ dimes and the quarters, and sometimes a half dollar, to make cern, James Stewart & Co., who were the beneficiaries of a up the money that we might carry the torch of a better change in the specifications, so that they had no competition government to the relief of the people. in the bids on the kind of granite that was used in the What did we swallow? To get rid of the devil. did we get building. a . witch? We want to know what we got. It looks mighty Now, I have dwelt enough on those points. I have more funny that th.is gentleman, placed in charge in the very first information here: When I was interrupted I was reading instance cannot even be investigated. It looks very curious more of it, but I am not going to read rr/.ore from this letter that he cannot even be investigated, They want to send the because since this was so striking as to arouse the Senate' matter over to the Committee on Post Offices and Post Roads I would rather have this man and those whom he quote~ and see whether or not Farley ought to be investigated. They summoned before the United States Senate, where they would want to send it over to some other committee to see whether be permitted to testify. or not this gentleman ought to be investigated. But that is not all to this resolution. Let me read some­ I read into the CONGRESSIONAL RECORD yesterday some of thing that it contains. It contains one matter admitted to the facts in this matter as reported in this World-Telegram. have occurred and to have been irregular, that I have not Let us see what it says. September 6, 1934, they said this. even paid any mind; that is, using the facilities of the I will read just a paragraph from what I placed in the United States Post Office printing plant for the purpose of RECORD for fear Senators will not see it in time before voting expediting souvenir stamps among friends. I do not even on the resolution. mention that because that is an admitted fact. I am in no hurry to get a vote on the resolution. I am I want to say that we must admire Mr. Farley and his willing that Senators shall take time and make a little in­ men; they usually come out and admit that they are doing vestigation on their own book. I can only receive informa­ these things, and do not quibble about them. I understand tion from the outside, because I could not, myself, with these in the case, as I related a minute ago, of J. R. Stewart & Co .• eyes and these ears of mipe, hear and see what I am re­ they said, " Sure, we are buying these things to use on these porting to the Senate. I am asking the Senate for its Government contracts from Mr. Farley's concern. What permission that I may bring the witnesses here that they about it?" Sure. Here is Mr. Farley, known to be the high may see the men who saw with their eyes and heard with council man in the spending of money, in the awarding of their ears and felt with their hands the things I have under­ contracts, in the awarding of jobs, in the selection of. the taken to present to this body. personnel for the supervision of construction work; here is This is what the newspaper said, and I have never heard Mr. Farley, at the same time, with a material concern over of this being denied. They said this: · here, not only selling materials that he produces but selling · The Federal-courts building was designed to be built of granite. materials he does not produce. Among those things is cement. Mr. Farley is not a manufacturer of cement. Mr. I will read a paragraph above that: Farley has not got anything more to do with the making of Another controversy on the annex building arose when the cement, Mr. President, than I have-probably not as much. Treasury Department approved the use of a Maine and New Hamp­ shire type of granite instead of the type used in the ma.in post­ Mr. Farley, however, is selling the cement that is used on office building. The specifications had called for a granite corre­ these Government jobs. sponding to that in the old building in quality, color, texture, and Why does not the United States Government buy that form of marking. cement direct, like the State of Louisiana did? Louisiana In other words, Government buildings are supposed to be bought cement direct cheaper than the United States bought uniform. We start out with one kind of granite and keep it. Why do they not? Something else you might investi­ it up. That is so even in State governments. We try to gate about Louisiana. It bought cement, and buys it now, have all the buildings of a uniform texture of granite and cheaper than the United States buys it. Why does not the stone. United States do so? Why, because, Mr. President, it is Other contractors claim they had believed the specifications billed with the same kind of a bill that men who know any­ called for the Milford Pink granite, used in the old building. thing about how such business is handled know is used. It Gentlemen of the Senate, I had a circumstance quite has a through-shipment billing. It is paid through the job­ similar to this in my experience as Governor of Louisiana. ber, James A. Farley's concern up here in New York, and so We had a capitol to build in Louisiana, and Indiana lime­ in order to buy the cement to be used upon the construction stone had been specified. My friend who now sits in the work of the United States Government they bill that stuff Senate representing the State of Alabama as its junior Sen­ from the railroad to the particular company doing the work ator appealed to me to help his State, right next to ours, on the Government job, or else they bill it to the Government get a chance to furnish southern limestone for that building, direct, but they send the billing through James A. Farley & Before I would even countenance a consideration of that Co., and he takes off 10 cents a barrel on the cement. I say matter, we had an investigation by a committee to determine 10 cents a barrel. whether or not we should even allow the architects to con­ That is the usual graft and of that kind, I am told by re­ sider it, because of the fact that it would be letting the con­ spo:nsible people. tract without competitive bidding, since all competition had I know thi.S, that we worked mighty hard to break up that been on the basis of Indiana limestone. practice down our way. They had some of our good friends What did they do in this case?- who were in the business, and we used them to bring about When permission to use the alleged cheaper granite was granted, the reduction in the price of cement below what the Govern­ the Treasury Department obtained from the contractor a credit of ment was paying for it. But Mr. Farley is selling cement, $5,000- he is selling cement. Selling cement to whom? Cement to The difference in the two limestones could not have been be used by the men-supervised by the men that he ap­ as much as the thickness of one of these postage stamps that points. Cement to be used by the men who get the con- 1935 CONGRESSIONAL RECORD-SENATE 1833 tracts as the result of his ipse dixit in a large number of things down in my State. But there has been a time when cases. And he is the man participating. the majority was so close that a move like that would have Why, my friends of the Senate-and I have the highest created the selection of somebody else for the job for which regard for every Member of this Senate-I hope that you I was running. You get into a close election, when it is stand better with your people than I stand with mine, and close-we do not have any close ones down our way since I expect most of you do, for that matter. I want to say all the people are allowed to vote down there; we do not that you could not go back to your people, if you were guilty expect to have any close ones for a long time to come, Mr. of this kind of conduct, to save your lives, and ever have a President. Some voters were having to be called out of the ghost of a chance to be sent back to the United States line when it came time to vote on account of the poll tax, Senate; and if James A. Farley had to run in a single State but all of them vote now, so we do not expect any close in the American Union today, he could not get enough votes elections down there for a long time to come, unless Farley to wad a shotgun for Postmaster General or any other kind goes down there with his money, and we have got them of office. There is not any office under the sun that Jim almost trained how to take the money down there and vote Farley would put his face up to run for tomorrow, and yet like they please when he comes down there with it. They he is practically the boss of the Government, because in his had some of it down there; of course, it got to them indi­ hands have been consolidated the powers and the functions rectly. They had a State district attorney down there work­ to be used practically as no other man has had it since the ing under this Farley administration. He went out to a lit­ birth of Jesus Christ, or at least since this country has been tle old precinct in the parish of Evangeline about 11 miles founded. outside town and he stayed there all day where they voted Well, here is something else: 113 votes, Mr. President, and they had 109 of them take It is further alleged that, without pay or compensation for the $10 each out of the 113, and then they opened up the ballot same, the said James A. Farley has commandeered for his personal box in front of him and he had 4 votes out of the 113. And use facilities of public-service corporations borrowing money from let them come down there again, and we will try to take him the United States Government. like Grant took Richmond! I am told that that is pretty general. I am told that the We have begun to know how to do it. We did not know airplane companies that have subsidies from the Govern­ how to get it when he first started to do it, but we have ment here have been commandeered by Mr. Farley without learned better how to do it now. We will tell the people to compensation, and I am told that the private cars of rail­ take the money-we think maybe we know how to do it road presidents, without pay, have been placed and com­ now; we did not know how to do it at first-because those mandeered for the use of Mr. Farley. Everything is rosy poor fellows are in need, and a man is not going to starve to now! Mr. Farley with the millions and the billions. Here death, and when they shake the bones under his nose, with­ he is designing the justice-how it shall be enforced. Here out getting some of it. We are going to take it if he is going they come out; one day they are going to indict a news­ to try to do anything like this again. paper man; the next day they are not going to indict him. So he tells this ·man down in West Virginia, "A word to One day they are going to do this; another day they are the wise is sufficient. We want you to switch here." He did going to do that. Here is this man mentioning, naming, not say it to the man, but what does the man think? nominating, selecting, approving, and disapproving every­ Well, we had a loan up here, $8,000,000, for the United thing that has to do with the conduct" in life of man from States Government to lend to a charity hospital treating the cradle to the grave, and he comes in here, and in this people for sickness, as low as for 56 cents a day, with the great, dignified, intelligent, and, I might say, body of highest highest rating for cures in any hospital in the civilized or import and integrity, and finds def enders against the direct uncivilized country of the world. They were going to lend investigation unless a committee first investigates whether us $8,000,000, so we could take care of people in Louisiana they ought to have him investigated. Oh, yes; "Touch not and in adjoining States, because we have to take some of mine annointed and do my prophets no harm." Farley those people that flow over into our State. What did they seems to be the prophet never to be touched. do with our $8,000,000 loan? Why, the engineering depart­ Oh, well, let me read a little bit II:lOre: ment approved it, the legal department approved it, and all It has been charged that the said James A. Farley on the eve of the departments approved it, and suddenly the boys came up a loan being granted to a railroad in West Virginia telephoned the here, and I said, " There is not a chance on God's earth." leading factor of that concern that it was to his interest to take a certain political position affecting the election of a United States "Oh," said Mr. Danziger, the lawyer; said Mr. Leon Wise, Senator. the architect; said Dr. Bidrine, the superintendent of the Now, I know this is not going to concern Senators unless hospital; " Senator LONG, you are too prejudiced about this it is your own election; but if it were your own election, matter. We have got the approval of everybody, and the you would think it was highly unscrupulous. Here is what project is going through." I said, "It is not going to do happened in West Virginia. And I will bring to this body, any such a thing. At a proper time someone will say to you, to tell you the truth about what happened in West Virginia, 'Aren't you connected with the Long administration?''' two ex-Governors. I believe you will not care to question " Oh, but," he says, " this hospital has been approved by their integrity. the Louisiana Medical Society, it has not been disapproved Here is what happened in West Virginia. The Baltimore by the Rockefeller Foundation, it is approved by the Ameri­ & Ohio Railroad was applying for a loan from the United can Federation of Labor, and local labor unions, it is ap­ States Government for $52,000,000. They had an election proved by the legal fraternity from coast to coast, and they down there in the State of West Virginia in which Mr. James dare not ref use a loan passed upon by the engineering de­ A. Farley was very much concerned with the election of Mr. partment and the legal department. " I said, "All right; do Clem Shaver to the United States Senate. He used every not let me say a word; you just go up there, and I want to means that he could. Lo and behold, after using various make you a little bet that you never get $8,000,000 nor and sundry means, suddenly it dawned upon him and per­ 8,000,000 cents nor $8." colated into the inner recesses of his skull that there was a That was a little over a year ago, and they have not got a certain ma.n who had undertaken to borrow $52,000,000 for cent and they are not going to get it. I knew it. They a railroad, and what does he do? He rings up the leading finally came back. What happened? They said this work counsel of that man. He rings up that man, who is a lead­ was under the jurisdiction of -Mr. Harold L. Ickes, and, lo ing official of that railroad. He rings up that man who was and behold, on investigation they found a letter in Ickes' not much in line for electing Mr. Clem Shaver to the United file written by Dan C. Roper, saying, "Beware! Beware! States Senate; he rings him up over the telephone at night There is going to come in from Louisiana a project for a and gives him to understand that it is to his interest to charity hospital loan of $8,000,000. Beware! Beware! Do support Mr. Clem Shaver for the United States Senate. not let it pass." They went back to Mr. Dan C. Roper after Oh, no; that does not amount to anything. That does they had seen that letter, through a very devious scheme by not amount to anything. I can weather those kinds of which they managed to see it, ~nd they walked into Brother 183~ CONGRESSIONAL RECORD-SENATE FEBRUARY 12 Dan's office, with his high intellect and high hat, and they the people of tl~e United States involved in the public-works said to Daniel, " We understand that you have been ap­ program. proached with regard to this loan in the State of Louisiana 0 Mr. President, I am not speaking as a Democrat or for money to treat the sick and disabled." Dan said, "Oh, as a Republican or as an independent; I am speaking as a no; I know nothing whatever about it; I do not know a thing citizen of the United States of America. You may disagree under the sun about it." They said, "We were afraid you with me in my ·politics, and that iS your right; you may might have been misled and caused to write a letter." But disagree with me in my methods, and that is your right; he said, " Nothing of the kind." They were so astounded but where is there a man who is Willing today to intrust the at what Mr. Roper· said that they went back and took a sec­ functions of this Government into tl}e .supreme hands of ond look, and there was a letter saying that at the proper a political ringmaster whose very acts, whose very conduct, time to stop the loan going to the charity hospital in serve to defy the ordinary and to reject the regular and to Louisiana. place not the weal of the party, not the weal of the country, Oh, there you are. Talk about appropriating the Gov­ but the weal of whatever he has done that is unscrupulous, ernment's money to help the sick and disabled. You are and to keep from the public gaze. That is Farleyism in appropriating the Government's money to send the souls of the United States Senate and the United States House of men to hell; you are appropriating the Government's money Representatives. to take the fiber of manhood out of men. The last honest Other Senators here would no more countenance that, if part left of this country in these days of starvation was they were given the facts, than I would. I promise to the the self-respect of manhood. That is being taken away by Senate that if this investigation shall be held, if there shall the corrupting tactics employed in the expenditure and use not be an abundance of evidence, a preponderance of evi­ of this Government money. dence, to show James A. Farley guilty of these things that Oh, no; that is your own institution, and it shall have have been alleged,· I will be the first man to subscribe in none of the Government's money. Well, there was a reason. writing, never to be erased, that Mr. Farley is blameless What was the reason? I will have to go a little bit further. and exonerated from any such charges made. I will be the There was a concern then affiliated with the James R. first to do it. Stewart Co. This was a reason besides politics. There was I have asked the Senate to investigate some things. I a concern by the name of James R. Stewart Co., and an­ asked the Senate when I first came here to investigate other big concern here in the city of Washington and in Marcel Garsaud on the Federal Power Commission. You New York, the name of which I will give any Member of the did not want to do it; I had both parties against me in that United States Senate, which I understand to be close to the matter; but finally I persuaded both parties, and what hap­ Stewart Co. The last concern was bidding to do a certain pened? Both the Democratic and the Republican sides of piece of construction work in Louisiana. Lo and behold, this aisle asked the President to withdraw the name of the time came to bid, and they did bid. Marcel Garsaud. or, at least, whether they asked it or not, One of my political friends was approached and they said enough of them gave him to understand that they would to him, "What will it cost us to get this bid accepted? We never try to confirm him after that time. That was one are willing to pay $50,000." investigation I asked. My friend said to them, "You will have to bid low." I asked for an investigation of D. D. Moore, in which I They said," We are making our bid low." alleged certain things. What happened? Were the charges My friend replied, "You had better hurry down there; proved? They came before the committee, and before we the contract is liable to be awarded before you get there." got tlrrough they all admitted everything I had said on the Lo and behold, they did bid low, and before they got there floor of the Senate. I had awarded the contract to them. There was not any­ I asked for an investigation about another man. Were the body else there to claim the contract, and they stepped in charges proved? The President of the United States with­ just in time to take the contract and claim it as low bidder. drew his name after the Judiciary Committee had voted When they had done that work, what did we do? We unanimously on the matter. took $50,000 off the contract price. If they were willing to Mr. President, I did not have the fortification in those mat­ give HUEY P. LONG $50,000 to accept the bid, then, evidently ters I have in this case;. there was not the proof extant that the State of Louisiana was entitled to $50,000, and we took there is at this time on Farley; and, unless action be taken $50,000 off the bid for the State capitol of Louisiana after on the resolution, the day will come when we will all be it had been constructed. Now. some of you go and look apologizing for the Farley rule. that up. I am not going to have this resolution go to the Senate When I found out the power, when I found out the con­ committee in any such way, if I can help it, as my friend nection of Stewart and Fuller a;nd Farley, I knew that we from Arkansas is trying to send it there. I am not going to were going to be up against if they were ever allocated a have it sent there that way. I want this resolution to be dime's worth of work to be done in the State of Louisiana. I thoroughly considered by 96 Members of the Senate. This knew, further, that the sign was out against any such thing is not a bill; this is a resolution calling for a senatorial in­ as a loan being made to the State for any department vestigation. It is a matter calling for an investigation for friendly to me. the chief factor. I do not mind telling you that I recognize Oh, well, there was a concern there operating as the sewer­ Mr. Farley as the chief factor in the Government of the age and water board under the old New Orleans ring. They United States. I do not know how any Senator here .in his applied for a loan. They were anti-Long, and they got it. heart would dispute that; but, if he has the knowledge that Then the legislature was called into session, and the anti­ I think the common lay public has, no one would say in his Long board was " Longized " just before they sent the own soul that he lived under anybody but Farley in this money, and they held up that loan, and we have never seen country today. Nobody need think that he does. As I un­ it since. In other words, we operate in the plain and open derstand the situation, no man need think that he lives light of day. under anybody here, so far as Government functions are These are matters that I am not asking to have inves­ concerned., other than :Mr. Farley. I am not especially com­ tigated because they are accepted as right and proper; these plaining of that fact. If the Congress bf the United States matters concerning which eyerybody knows I am not ask­ wishes to place such powers in the hands of the Executive ing that the power of the United States be invoked for the and the Executive can place them in the hands of Farley, purpose of an investigation, because we know all about this I am not going to complain at the action of any one of them kind of thing; but it is these subtle things reaching, con­ or the order by which PoWer has been placed in the hands of trolling, manipulating, and managing, that are going to the one man; but we are now coming to a measure touching affect not only what has been spent there, but it is going to the expenditure of funds for the relief of people. I will read affect if they can get $4,800,000,000 more of the money of another charge as recited in the resolution, as follows: 1935 CONGRESSIONAL RECORD-SENATE 1835 Whereas it has been further charged that the said James A. Far­ I might say to Members of the Senate that nothing would ley is implicated in a wire service leading into the gambling houses in the United States from the race tracks, and is using weigh so heavy with my people as to have a majority of this the functions which he supervises for the Government to pursue body, by a ~olemn action, after the investigation of Mr. Far­ said businesses for profit to himself and to his friends. ley, pass upon the matter by exonerating Farley. That would I alleged here, if it may please the Members of the Senate, be practically running me out of the United states Senate that certain men in New Orleans were in this gambling an.d I take that into consideration now, because if I prefe; wire service; and before I got through with the hearings in thIS kind of charges against this man alleged to be dispensing the Senate Finance Committee, they had admitted that to this noble service to the country, this" head-and-shoulders" be true, to a large extent, and what they had not admitted of everything that is done, good and bad-if I were found there was not a member of the Senate committee, in my through the majority opinion of this body to have placed be­ opinion, who did not believe the balance of it. I could not fore the Senate unfounded charges against a man in such understand why with all the fraud that had been confessed sacred work, I would have practically no chance whatever, and proved that a certain man should have been left in and I would not even expect to have my name go on the charge of Louisiana and some other jurisdictions in the ticket in the election in the coming January. United States. I take that chance here. I only ask for an investigation. I could not understand why a mere common gambling tool What good are you going to do by sending the resolution and manipulator should be in charge of the functions of my to the Committee on Post Offices and Post Roads? What State, so far as the Federal Government could make him so, are they going to do? What are you going to have the Com­ but I was informed later that this man was the business mittee on· Post Offices and Post Roads do when they get my partner of Mr. Jim Farley, and that the business had been resolution? Are they g-0ing to investigate? What are they overseen through his brother and to some extent by him­ going to do? I have a resolution to investigate Mr. Farley, and he admitted he was the attorney for them; that he was the generalissimo of the United States Government, in mat­ in the business in which Mr. Farley· was considerably iden­ ters connected with and concerning his official conduct. You tified. These things are hard to prove, but we always have come in here and want to refer that matter to the Senate been able to prove them. I think I know the witnesses to Committee on Post Offices and Post Roads to let that com­ be summoned, and if I am as successful in finding who mittee decide whether it is going to do what? What is that should be summoned in this instance as I was in the last committee going to do? Is that committee going to hear instance I will have no trouble, if these matters be true, in witnesses on whether these charges are true or untrue? bringing them to a proper presentation. What is the committee going to do? If you asked me to present only matters that I have seen This is a resolution asking for a Senate committee to in­ myself and that I have heard myselft you never would have vestigate Mr. Farley. Face the music! Face the music! If anything presented to the Senate. Senators would have to you do not want him investigated, vote that you do not want be personally present at the happening of every transaction him investigated. That is your responsibility. It is not and every detail to meet any such requirement as that. The mine. Do not send this thing to a committee, which is the only things I can rely upon are the official journals and the same thing, I would say in ordinary cases, as voting prac­ unofficial journals and the publications that come to me. tically to end the matter. I have not seen many of them All I can rely upon is the word of the men coming back come out of the committees. Maybe I am wrong about that, from Washington who have been here upon the missions I but I never noticed many of them come out. have named. What does the committee do? What is the committee I am surprised that our great leader in the Democratic ·going to do? You are going to send the resolution over here Party in the Senate does our party such a disservice. I have to investigate and have the Committee on Post Offices and too much interest in the party to let him do that kind of Post Roads investigate, because of course naturally that service for the party. I have done too much for the party, committee works very closely with the Postmaster General and he and others have done too much for the party, not by reason of the nature of things, and it has to. I do not to have him cause this to happen in the party. I cannot let mean to impose any reflections on my friend from Ten­ my leader come up and say, "I do not want this investiga­ nessee [Mr. MCKELLAR]. He is a friend of mine, a personal tion. I want to have a committee investigate as to whether friend of mine, a political friend of mine, I hope. I am his or not we will investigate.'' friend. I do not mean to make any statement that would Oh, yes; if there were a mere street rumor, that would be reflect on him in the slightest, but he has already been here one thing that would not amount to very much. If there making lots of speeches defending Mr. Farley. He has to were a mere will-o'-the-wisp, that would not amount to so make a lot of them. Every man is influenced by his own much. But there was not one-tenth the matter presented talk. You may make a speech and not convince anybody before the investigation of Daugherty that there is present else, but you usually convince yourself. Ninety men out of today for the investigation of Farley. Daugherty was not a one hundred that go out and make extended speeches on candleholder compared to this man Farley, according to subject matters will wind up by convincing themselves that these things that have been sent here. they are right. He is the first man that gets convinced. The other day I read where Mr. Farley said that he ex­ No; I have never heard that disputed. pected some attacks to be made upon him in the Senate. He Mr. CONNALLY. Mr. President-- said he expected me to make them. I say this, and I make The PRESIDENT pro tempore. Does the Senator from this statement, that if you investigate Mr. Farley and you find Louisiana yield to the Senator from Texas? these things to be groundless, if you investigate them and Mr. LONG. I yield. find them to be groundless, it will most certainly mean that Mr. CONNALLY. Is that the case with reference to I will have to go out of the United States Senate in Jan­ speeches in the Senate? uary, because my people will not reelect me here. If you go Mr. LONG. I would think so with the Senator from through an investigation of old Farley and if you do not find Texas. He votes like he speaks-nearly all the time-and I 10 times as much on him as you ever found on Harry Daugh­ expect that is true with me, too. With my friend from erty, I would not have the temerity to present my name to Tennessee [Mr. MCKELLAR] it is particularly true, I maiy the people of Louisiana in the election coming off down there say to my friend from Texas. He has made many speeches in the coming January. on Mr. Farley, defending Mr. Farley. He has made so many I have to run early. I am at a great disadvantage. I speeches that he would have to be inhuman not to have been helped place myself at that disadvantage. Ordinarily I inoculated by the germ of his own voice and by the sound would not have had to go into the primary until the month of his own voice in favor of Mr. Farley. Now, to come here of September, but some of my friends suggested to me that without any evidence at all and to have the committee of they wanted the matter settled at an earlier date, so I agreed the Senator from Tennessee decide whether or not they are my election might be held in the coming January. I have going to report to the Senate to investigate Mr. Farley is to run almost a year before other Members of the Senate run. an unusual thing. 1836 CONGRESSIONAL RECORD.-SENATE FEBRUARY 12 My friend the Sena.tor from Tennessee is not in the Cham­ and that they must not interrupt the proceedings on the ber. May I ask that he be sent for? I want him here, be­ :floor. The doorkeepers have been asked to enforce this cause, when he reaches here, I shall have to repeat what I warning. If they do not enforce it while the present occupant have said, as I have violated one of the customs of the of the Chair is here, the galleries will be closed and no one Senate in making mention of things that are concerned will be allowed in them until order can be preserved. with the conduct of a Senator without him being here. I Mr. LONG. Mr. President, I had said in the absence of believe there is a custom of that kind. I should like to have my friend from Tennessee [Mr. MCKELLAR], who has just my friend from Tennessee come here and hear what I just returned to the Chamber, that I did not think this resolution said before I forget what I said. [Laughter.] ought to be sent to the committee of which he is chairman. What is going to be done when we send this matter over I said further that the Senator from Tennessee had made to the committee of the Senator from Tennessee? He got many speeches here defending the conduct of Mr. Farley, and up yesterday and said that the thing ought to be sent to I said that I had made several speeches just to the contrary. his committee. He is more anxious to have jurisdiction I said further that the Senator from Tennessee would be of this thing than I am myself. I am going to make this inhuman if he were not convinced to some extent by the statement. I know there is a rule in the Senate-that is, logic of his own conversation, and that a man who had made an unwritten rule that is usually followed-:where the as many speeches s. There are some exceptions, some few; and we hope effort to assist the National Democratic Committee in paying oif its deficit. If you can help, won't you please let me hear from to get rid of them before too long. [Laughter.] you as soon as convenient? Mr. McKELLAR. Mr. President, will the Senator yield to permit me to put into the REcoRD at this place a portion of That is on a letterhead which they publish here-" Demo­ his resolution, and also the rule under which it properly cratic Finance Committee '1. with Mr. James A. Farley's should go to the Committee on Post Offices and Post Roads? name as chairman, and the name of Walter J. CUmmings as Mr. LONG. I yield. treasurer on top of it. Mr. McKELLAR. The resolution provides: They sent out this open letter. We all know it is a viola­ tion of the law. We all know that they went down in Louisi­ Resolved, That the Senate of the United States does hereby order an investigation into the public and official conduct of the said ana and indicted the little man Merrigan. We all know James A. Farley and all matters conducted by him affecting the they still have that indictment pending down there, and business of the United States and the expenditure of funds of the say they will not nolle prosequi it, or will not try it. United States, and that the said committee· be composed of three members of the United States Senate, not more than two of whom Mr. FRAZIER. Mr. President, will the Senator yield? shall be members of the same political party, to be selected by the Mr. LONG. I yield. Vice President of the United States and to be approved by the said Mr. FRAZIER. I want to say to the Senator from Louisi­ Senate; and that said committee shall have all authority neces­ ana that a few months ago the Governor of North Dakota sary and proper to procure evidence, summon witnesses, to hear testimony, and compel the production of books, records, accounts, was investigated. The charge was that he had collected statistics, employ experts, and do any and all such other things as money from Federal employees for political purposes, and may be necessary to carry out the purpose of said investigation. the investigation was made by the Democratic United States That, of course, means the expenditure of money, and I attorney. · read from rule XXV, found on page 30 of the Manual of the Mr. LONG. Was he a Republican? United States Senate, as follows: Mr. FRAZIER: The Governor was a Republican; yes. Mr. LONG. That is different. Go ahead. [Laughter.] Committee to Audit and Control the Contingent Expenses of the Senate-- Mr. FRAZIER. He came to trial and he was convicted and removed from office by a ruling of the supreme court of Of course, this resolution involves expenditures from the the State. The amount subscribed was $170.50, and all the contingent fund of the Senate: Governor collected, or all his men collected, was half of that, Committee to Audit and Control the Contingent Expenses o:f but the Governor was convicted and removed from office as the Senate, to consist of five Senators, to which shall be referred all resolutions directing the payment of money out o:f the con­ Governor of the State. tingent fund of the Senate or creating a charge upon the same: Mr. LONG. One hundred and seventy dollars and fifty Provided, That any such resolution relating to substantive matter cents. They enforced the law, and here is Jim Farley's Within the jurisdiction of any other standing committee of the Senate shall be first referred to such committee. name on a letter mailed to thousands of employees, I take it, of the Federal Government, soliciting campaign funds, Under the rules of the Senate, of course, it is not only whereas a district attorney appointed by Farley, or at least proper to refer the resolution to the Committee on Post approved by him-he had to be to get the position, and I Offices and Post Roads, but it is absolutely obligatory; it happen to know the man he appointed and knew him when must be referred to that committee before the charges can I campaigned in North Dakota for Roosevelt. I was in good be investigated. standing in those days, spending my money and everybody Mr. LONG. I know that before a dime could be spent, we else's money for Mr. Roosevelt, and I was in good standing would have to go to some committee. But this resolution and I went up there and met the young man, and he is a refers to "James A. Farley, acting as Postmaster General nice fellow. He was called on to prosecute a man for and in various other capacities for the United states Gov- $170.50-he did not get but half of it-for politics, and they ernment." The Post Office is only one of the little inciden- removed the Governor from his office-Governor, oh, Gover­ tals. As a matter of fact, if this resolution is to go to any nor-what 1s his name? I will ask the Senator from North committee, it should go to the Committee on the Judiciary. Dakota? That would be the committee, if it were to go to any, and Mr. FRAZIER. Governor Langer. at the proper time, when the expenditures are to be made, Mr. LONG. Governor Langer, from North Carolina. that will be a matter to be considered. Whenever the time [Laughter.] I beg the Senator's pardon; Governor Langer, comes that question may be taken into consideration. from North Dakota. I got my mind confused thinking about Mr. President, I have not yet gotten from the Senator the other State. Governor Langer, from North Dakota, col­ from Tennessee what he is going to do when he gets this lected $170.50 from Federal emplayees for politics. The resolution, how he is going to handle it. But just let that United States attorney and grand jury. indicted him, they pass for the present. tried him, and convicted him, although he did not get but Here is something else. I know these newspaper column- one-half of the $170, and they removed him from the office ists are not usually regarded very highly, but here is a of Governor, and he is on his way to the penitentiary. quotation appearing in a paper, just to give the Chair an Ah, ha! But this law business means who you are, and example. Here is a copy of a letter which I see in the where you are, and how you are. I believe there is a song papers, in which Mr. Farley's lieutenant--with Mr. Farley's like that, I Wonder Where You Are-If You Are-And How name on the letterhead-is circularizing Government em- You Are. Well, this . poor devil is all alone. Here we got ployees for money for the Democ.ratic Party. They went Mr. James A. Farley and Mr. Walter J. Cummings on the into my State and indicted a little fellow down there on top of the letterhead, and Joseph J. Cotter and Walter C. the Republican side who they claimed allo-wed one of his Usrey on it with him. men to give him a contribution to send· to the Republican They are writing them out a letter to get money for Mr. campaign committee. That was a little fellow by the name James Farley's committee and for my committee. I am on of Merrigan. They said that they would not let the indict- that committee. I am particeps criminis if I were not to ment go because there was politics in it. renounce that. They are liable to indict me for that thing. Mr. President, there is a Federal statute which prohibits Of course they will not indict Farley, but th~y are liable to anybody soliciting campaign money from a Federal em- indict me, just like they did the Governor of North Dakota. ployee. Yet, they do not pay any attention to that. They But Farley is Postmaster General. Farley is generalissimo. appoint the district attorneys, and they appoint everybody Poor old Langer, poor old Langer. The obstreperous Gov­ else connected with the administration of justice. They ernor of North Dakota. He asked for $170 and did not get remove them when Farley wants them removed, and appoint but $80, and he is on his way to the United States peniten­ them when he wants them appointed. They say what they tiary today. He is kicked out of his office, and here right want said, and do what they want done, and they write I under the canopy of heaven, right under the dome of the this letter: Capitol itself, we have the letter with Jim Farley's signature, 1935 CONGRESSIONAL RECORD-SENATE 1839 the headline of one of his lieutenants, with his name on the plenty of State employees who will help out." I know he masthead, asking them to--- knows that to be the law. I was going to take up the col­ Mr. BAILEY. Mr. President-- lection, but I waited a while, and I did not take up any The PRESIDENT pro tempore. Does the Senator from collection. After things took the tum they did, I saved my Louisiana yield to the Senator from North Carolina? money for another day. I know that he knows the law. Mr. LONG. I yield just for a question. I know these men know the law. And the only reason why Mr. BAILEY. Does it occur to the Sena.tor that he could they will come here now and put out a letter to a thousand bring about the same conviction and the same fate for Mr. men and women that they can fire tomorrow morning is Farley, if he has the facts, that were brought about in the because they do not figure . that anybody can do anything case of Mr. Langer, and without indulgence in insinuations about it, and you cannot do anything about it. on the :floor of the Senate? You cannot do anything about it. Where is the Senate of the United States? Where is the Mr. LONG. Yes. Mr. BAILEY. The courts are open. Senate? There is a law-the Constitution-that requires m~n to be confirmed by this body; that a United States Mr. LONG. Yes. Mi·. BAILEY. Why not proceed? attorney cannot serve unless he is confirmed by the Senate, Mr. LONG. Why, yes; I can go to a district attorney that except during an interim. That a collector of internal reve­ Farley appointed and ask him to indict Farley! Would not enue cannot serve unless he is . confirmed by the Senate. that be fine now? Now, is that not a grand remedy you What does Farley say? He said: have left me? I can go down here to a district attorney We are not going to send in any names to the United States Senate affecting LoUisiana. We are going to wait until the Senate whom Farley appointed last week and whom he can remove adjourns and have them serve under ad interim appointments. tonight, and say to him, "Here, Farley is violating the law." He would very properly indict me for trespassing on Gov­ If Harry Daugherty had said that, I would have expected ernment property. That is about how I would come out. my party to have had him up for impeachment the next Oh, no; you do not have to eat a whole beef to tell it is day. But, oh, no; Mr. Farley says: tainted. Why, Mr. President, I want to say that if there is The Constitution of the United States to the contrary notwith­ standing, we are not going to send these horse thieves' and these an honest man in the United States Senate-and I think bridge thieves' names back to the United States Senate like we there are 96 very honest men in it; I know there are-we did the last time. They won't be approved. We are not going will every one petition the President of the United States to to have the Senate pass on them. I am going to hold them pardon Langer. Now, that may offend my friend from with the hookum and the crook and the slipshod practice until North Dakota, because I understand he is on unfriendly the Senate· is out of existence. terms with the Governor over there, but I want to say right Senate! Senate! Where is the Senate? Where is the now that, sitting in the United States Senate, seeing this Senate? And the Senate sits here and is being emasculated. thing go on here in Washington, that I would consider that You sit here with this political tyrant and generalissimo, I was a party to almost a monstrous outrage if I were asked dyed with the stains of corruption 40 times deeper than the to sign a petition for a pardon for Governor Langer, of poor man you have removed from office and sent to the peni­ North Dakota, and did not sign it. Here is a man with tentiary-you sit here and let this character pull off from us 83 little old dollars, who probably did not know what everything that means that we are a United States Senate. the law was-I do not suppose he even knew there was I do not mind being made ignominious, but I hate to be a law like that-I did not. It happened to be called to my made ignominious by a man of that type. I am like the attention soon after I got here. Fortunately I am immune man that they found bleeding by the side of the fence. His to any of that kind of trouble, because there is not any man friend picked him up and asked him what the trouble was. holding a public office who is allowed to be seen on the He told him that a goat had gored him. The doctor came streets with me, so there is no trouble about anything like along and said, "You are going to die." The man began that. If anyone holding a public office here were to be seen to cry, and his wife leaned over him and said, "You are not on the streets with me, he would lose his job. He would not afraid to die, are you, John?" "No," the man replied, "I have it this morning. As a matter of fact, I cannot get one am not afraid to die, but I sure hate to be killed by a goat." of the United States Senators to walk with me when one of I hate to see the United States Senate, with all its tradi­ these bureaucrats is around. Why, I will be walking down tions and powers and prerogatives, stripped of its functions the street with some of my friends in the United States and emasculated by a man who makes no bones about Senate or in Congress, and we will be talking in the friend­ parading the fact that he is a criminal tarred with every­ liest possible way; but when one of these bureaucrats po\{es thing for which others are being sent to the penitentiary. his head around the bullrushes, off will go the one who was And I hate to see the leader of my party stand up and walking with me, and I never get to see sight of him again. undertake to bring to naught any kind of a process that [Laughter.] · will investigate him. Let the band strike up, play the I understand what it is all about. It is the only thing march, "Governor Langer sent down to the penitentiary he can do. So therefore I am immune to the law. That by Farley's appointed district attorney because he solicited law is not going to worry me. It is not worrying me. But $83; but Farley soliciting $530,000 from the same type of you ha.ve got poor little old man Langer on his way to the men shall be crowned with whatever may be necessary to penitentiary, and you have taken him out of his office as give him power and exoneration." Governor of North Dakota, and you took him out of there­ Oh, no; you will not need any money. I do not have to ! say you did it, because we all confirmed it-and I can­ investigate Farley. If you will put up, Mr. President, this not sleep at night if I feel that I am one of the parties proposition to investigate Mr. Farley, and you appoint this standing silent and consenting to this inequality of the committee, and you leave me off that, I am going to change enforcement of the law-and you have got this man on the what I said. I would be the man ordinarily allowed to be way to the pen, and you took his office away from him chairman of this committee. Now, I am going to change my because he collected 83 little old dollars, and then you are mind on this thing. I will not complain if the Senator from in Washington, D . .c., in the United States Senate, and Tennessee [Mr. Mc.KELLAR] is to be chairman of that com­ Farley's name is there, with the letters addressed and sent mittee to investigate Mr. Jim Farley. Do it now, and I will through the United States mail, a double violation of the recommend from this floor that I not be given the ordinarily law, asking them all to kick in and pay up the deficit of accredited standing as the introducer of the resolution and the Democratic party. That is it. That is it. And I know that we give it to the Senator from Tennessee. Give me two that Farley knows the law, because he asked me if I could more men whom the Chair thinks right, and let us go to not raise Louisiana's part of the deficit, and I told him that work on this matter. We will not have Farley to contend I could, and he said, "You know you cannot get it from with. You could not keep him there. Of course, the Presi­ Federal employees "; and I said, " No, I won't have to do dent will find out some things pretty quickly that he did not it. I won't get it from Federal employees, but there will be know before. We all do that; we learn as we go along. We 1840 CONGRESSIONAL RECORD-SENATE FEBRUARY 12 have to keep these things more or less in the family, but Appropriations Committee, of which I happen to be a mem­ when the facts begin to be told, the President will find that, ber. However, this matter will be looked .after promptly, as after all, he will not have to find out, for Farley will get out; we try to transact all the business of the committee in that he is not going to stand this; he cannot defend it; there is way. no way by which he can. That is why I am asking the Mr. LONG. Mr. President, if I may be assured by the Senate now not to place a wet blanket on this proposed Senator from Tennessee of a speedy consideration of this investigation. matter-I say speedy; this is Tuesday-if I might feel reason­ I send a newspaper article to the desk and ask that the ably assured that within, say, 4 or 5 or 5 or 6 days' time, or 6 portion with a circle in purple ink around it may be incor­ or 7 days' time, the committee will pass on this matter. porated in the RECORD as a part of my speech. Mr. MCKELLAR. Mr. President-- The PRESIDENT pro temp0re. Is there objection to the The PRESIDING OFFICER The inquiry into certain practices of telephone carriers are making for bureaucratic organizations and against the subject to the Communications Act of 1934, recently instituted by unnecessary number of commissions which are being created. the Fede1·a1 Communications Commission pursuant to its Tele­ I shall show within a few days that in some of these organ­ p.hone Division order no. 11 and statement of November 14, 1934, R. may be consolidated with the investigation required by this joint izations, such as the N. A. and others, the salaries and resolution in the manner and to the extent deemed desirable by expenses of operation have greatly exceeded what it was the Commission. understood would be the amounts required in the execution SEC. 5. For the purposes of this resolution the Federal Com­ of the tasks set before them. munications Commission is hereby authorized to hold hearings; to contract for stenographic reporting service; to utilize its regu­ It seems to me that $500,000 would be ample to conduct lar personnel, facilities, jurisdiction, and powers insofar as prac­ the investigation proposed. May I say, without any crit­ ticable, and to employ for the purposes of this investigation such icism whatever, that a visit was paid me by representatives additional experts, including engineering, accounting, legal, and of the Commission, who stated that the amount carried in other .assistants as may be found necessary, without regard to the provisions of other laws applicable to the employment and the bill was needed. I was not convinced, notwithstanding compensation of otncers and employees of the United States, and they were perfectly sincere and able men, that the amount to make such other expenditures, including nec0$ary travel ex­ which is called for in the resolution is required. penses, and expenditures for printing and binding, a.s it deems necessary. The Commission is also hereby authorized to have I wish the Senator from Montana [Mr. WHEELER] who access to, upon demand, for the purposes of examination, and submitted the resolution would accept an amendment re- the right to copy, any books, papers, correspondence, memoranda, • stricting the amount to $500,000. If this were a new com­ and other records of any perso;n, partnership, company, or other any organization being investigated, whether such books, papers, cor­ mission, without machinery, it would be different; but respondence, memoranda, or records are 1n the possession of the it is not a new commission. It already exists. It already company under investigation or are in the possession of other has a large staff and all the machinery possessed by the persons, firms, or corporations; to require by subpena the at­ commissions which we create. All that is required is to tendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records which the permit some little expansion. perhaps employ a number of Commission deems relevant or material to the inquiry, at any additional experts. Then, with the appropriations which designated place of hearing within the United States; to admin­ have already been made and with $500,000 additional, it ister oaths and affirmations, to require persons, paTtnerships, be companies, or other organizations to submit to the Commis.sion in seems to me the work of the Commission could carried writing reports and answers to specific questions, furnishing such on under the terms of the joint resolution. information a.s the Com.mission may require relative to the in­ Mr. WHEELER. Mr. President, I cannot accept the sug­ quiry. Such reports and answers shall be made under oath or otherwise as the Commission may prescribe and shall be filed with gestion of the Senator from Utah for the reason that all the Commission within such reasonable period as the Commission the estimates which have been furnished us were to the may prescribe, unless additional time be granted in any case by effect that it would cost more than $750,000 to complete the the Commission. In case of contumacy or the refusal to obey investigation. As a matter of fact when $750,000 was sug­ any subpena or other order issued hereunder, the Commission may invoke the aid of any court of the United States, within the gested to me as the nec~ry amount, I was somewhat jurisdiction of which such inquiry ls carried on, or where such shocked; but I inquired of other Members of the Senate who party gullty of contumacy or refusal to obey resides or has his have served on public-service commissions and I was told place of business, in requiring obedience to such subpena or other order and any such court of the United States shall have juris­ that it has cost some of the States over a million dollars diction to issue its order enforcing such subpena. or other order for an investigation merely with reference to the telephone of the Commission in whole or in part; and any failure to obey situation in a particular State. Consequently this sum is such order of the court may be punished by such court as a con­ looked upon by members of the committee, who have gone tempt thereof. All process in such cases may be served wherever the defendant may be found. int.o the matter and are familiar with it, as being rather a SEC. 6. There is hereby appropriated, out of any money in the small and inadequate amount. Treasury not otherwise appropriated, the sum of $750,000, to be With reference to the Commission's being an old organiza­ made immediately available to the Federal Communications Com­ tion, let me say this is a new Commission. The telephone mission for the purposes of the investigation and report herein authorized and directed, and the Commission shall make special division has just been created. It is absolutely necessary, l'eports to Congress on its progress and its findings in this if they are going to do the job which the Congress of the investigation. United States has directed them to do when we enacted the Mr. KING. Mr. President, I do not object to the consid­ law, that the joint resolution should pass. eration of the measure, although I doubt the necessity of The joint resolution was ordered to be engrossed for a making the investigation. I rose primarily for the purpose third reading, read the third time, and passed. of challenging attention to the provision in section 6 which AMENDMENT OF FEDERAL TRADE COMMISSION ACT carries an appropriation of $750,000 to aid in conducting the The Senate proceeded to consider the bill (S. 944) to amend to investigation. Heretofore, a large appropriation was made section 5 of the Federal Trade Commission Act, which had the Federal Communications Commission. I do not recall been reported from the Committee on Interstate Commerce for the moment the aggregate sum appropriated to aid in without amendment, and which was read, as follows: carrying out the purposes for which it was created. It has Be it enacted, etc., That the act entitled "An act to create a. become a common practice for commissions and organi­ Federal Trade Commission, to define its powers and ·duties, and for zations of the Government to ask for additional appropria­ other purposes", approved September 26, 1914, is amended by sub­ tions even though generous grants of money have been made. stituting for the first two paragraphs of section 5 the following: 1935 ,CONGRESSIONAL RECORD-SENATE 1843 " Unfair methods of competition in or affecting commerce and The PRESIDING OFFICER. The Senator from Vermont unfair or deceptive acts and practices in or affecting commerce are declared unlawful. asks unanimous consent to reconsider the votes whereby "The Commission is empowered and directed to prevent pers~ns, Senate bill 944 was ordered to be engrossed for a third partnerships, or corporations, except banks and common. earners reading, read the third time, and passed. Is there objection? subject to the acts to regulate commerce, from using unfair meth­ Mr. WHEELER. I do not mind answering the question, ods of competition in or affecting commerce and unfair or decep­ tive acts and practices in or affecting commerce." Mr. President. I should like to answer the question first, and then, if the Senator wishes to move to reconsider, I shall Mr. BORAH. Mr. President, may I ask the Senator from be glad to have him do so. I ask him to hold his motion Montana [Mr. WHEELER] to explain what the amendment to in abeyance for the present, however. section 5 is and what it would accomplish? Mr. AUSTIN. Mr. President, I am willing to adopt that Mr. WHEELER. Mr. President, as to the effect of the procedure. Does the Senator from Montana construe Sen­ amendment, I will say that the Federal Trade Commission ate bill 944 to include unfair competition in production? informed the committee that at the present time a person Mr. WHEELER. I did not catch the meaning of the Sen­ must show that be is financially interested ih the investiga­ ator's question. tion which he starts. For instance, our attention was in­ Mr. AUSTIN. This is the first time I have comprehended vited to the fact that a man might complain that a certain the full meaning or intention of the bill, and I ask unani­ organization was engaged in unfair practices or misrepre­ mous consent that the action of the Senate in passing it be senting the kind of products it put out. In order for the reconsidered. Commission to consider the complaint at all the complainant Mr. WHEELER. Let me say to the Senator that the bill had to show that he was financially interested or was finan­ does not change the present law. The language found on cially affected, no matter how unfair the practices were and page 1 of the bill is the present law, with the exception how much they might affect the public. For instance, he that under the present law the paragraph reads as follows: might complain that a patent medicine being put out affected Unfair methods of competition in commerce and unfair or injuriously the public in some way, but he would have to deceptive acts and practices in commerce are declared unlawful. show that he was financially injured before the Commission could go ahead with their investigation. Sometimes they That is the present law. The only modification of the have gone into an investigation and found that it could not paragraph to which the Senator calls attention is the inser­ be carried further for the reason that it developed in the tion of the words" or affecting." course of the investigation that the particular individual Mr. AUSTIN. Yes, Mr. President; but apparently that is ·complaining was not financially interested. what is the trouble with the bill. Congress had gone as far Mr. BORAH. The effect of the amendment, then, would be as it had any lawful right to go when it undertook to regu­ to permit an investigation to go forward upon the complaint late commerce and to deal with unfair practices in com­ of the individual, regardless of whether or not he was finan­ merce. cially interested? When this matter came up I did not understand that the Mr. WHEELER. That is correct. bill went so far as to overreach commerce and attempt to Mr. KING. Mr. President, I invite the Senator's atten­ gather within its scope production, a mat.ter tha:t is purely tion to the fallowing provision on page 2. of the bill: domestic and local. There is a clean-cut difference and dis­ The Commission is empowered and directed to prevent persons, tinction between regulating the transportation of goods in partnerships, or corporations • • • from using unfair methods interstate and foreign commerce and an attempt by the of competition. United States Congress to get over State boundaries and I inquire by what means this prevention may be consum­ undertake to regulate the production of articles that are mated. intended to enter into interstate commerce. That is an Mr. WHEELER. I will say to the Senator that that is age-old conflict, and it is a peculiarly interesting point the present law. affecting other legislation now pending and not yet before Mr. KING. I am just wondering what means could be the Senate. · used to enforce that provision. Certainly the Commission I, therefore, think that so important a change, a change cannot indict the offending persons or corporations. My that affects the right of the people of the several States to recollection is that under the law they may merely certify regulate their own domestic affairs, a bill that proposes to the matter to the Attorney General. break down their liberties and their rights, should not be Mr. WHEELER. That is my recollection. I am not posi­ passed upon a mere calling of the calendar and the inatten­ tive as to that; but that is the present law. The only way tion of Senators like myself who did not comprehend the in which this particular paragrapb is amended is by adding scope of the bill. No such far-reaching measure should the words "or affecting." In other words, the law as it ever pass the Senate in that manner. It ought to have full reads at the present time is: consideration. If it has sufficient merit, then let it be passed, provided it is within our power to pass it. I contest The Commission ls empowered and directed to prevent persons, partnerships, or corporations, except banks and common carriers the ability of the Senate to pass such a bill. subject to the acts to regulate commerce, from using unfair I, therefore, ask unanimous consent for reconsideration of methods of competition in commerce-- the vote by which this bill was ordered to be engrossed for And so forth. The amended paragraph reads: a third reading, read the third time, and passed. or affecting commerce. Mr. WHEELER. Let me answer the Senator. I think he is entirely mistaken in his interpretation of the measure, In other words, if the method of competition did not because at the present time the Federal Trade Commission directly interfere with commerce, there was some question as has the right to go into a State and investigate production a result of a decision of the supreme Court as to whether or as long as that production is in commerce, whether it is not the Commission could correct it if it affected interstate interstate or foreign commerce. The Congress has the right commerce without being directly in that commerce. This is to pass laws, for instance, with reference to monopolies, and simply a clarifying amendment. this measure has reference to monopolies. The PRESIDING OFFICER. The question is on the en­ When the Commission are making an investigation of grossment and third reading of the bill. monopolies-and that is all this measure deals with-they The bill was ordered to be engrossed for a third reading, sometimes find that those who are investigated go into· the read the third time, and passed. courts and say," You cannot investigate this particular thing Mr. AUSTIN subsequently said: Mr. President, I ask because it is not in commerce; it merely affects commerce." unanimous consent to reconsider the votes whereby Senate This amendment is made simply for the purpose of per­ bill 944, Order of Business 48, was ordered to be engrossed mitting the Federal Trade Commission to carry out an in­ for a third reading, read the third time, and passed. I vestigation which under the law they have been directed to desire to ask the proponent of the bill a question. make. It does not affect state rights at all in the sense that LXXIX--117 1844 CONGRESSIONAL RECORD-SENATE FEBRUARY 12 the Senator apparently thinks"it does. The bill has not any- · on·:the calendar. · The Chair is ·or opinion that-<:rn a i·eque8t thing to do with that matter. for unanimous consent to reconsider the vote by which the Mr. AUSTIN. Mr. President, I have no doubt of the good bill was passed, no more time should be occupied in debate faith of the Senator from Montana in his present interpre­ than could be occupied under the Senate rules in the consid- tation of the bill; but anyone reading the bill carefully will eration of the meaiSure. . see that it makes it possible for the Commission to go far be­ Mr. BORAH. Mr. President, I desire to ask the Senator yond what the Senator now states is the purpose of the bill. from Vermont a question in my time. We have to deal with these proposals with reference to what I understand the objection of the Senator from Vermont may be done under them, not some particular thing that is to be that under the language here used the Federal Trade in the mind of any individual as a reservation or a limita­ Commission could investigate intrastate matters. tion upon the use to be made of the measure. We have to Mr. AUSTIN. Yes, Mr. President; I understand that to consider the effect of the measure itself. be so. Obviously, this bill reaches beyond our limitations when Mr. BORAH. Of course, if that is true, the language it undertakes to empower a Federal authority to investigate would be objectionable, from my viewpoint; but it says: and regulate unfair methods of competition in or affecting Unfair methods of competition in or affecting commerce, and interstate commerce, and unfair or deceptive acts and prac­ unfair or deceptive acts and practices in or affecting commerce are tices in or affecting commerce, and declares them to be declared unlawful. unlawful. According to the language used in the general law creating Mr. KING. Mr. President, will the Senator yield? the Federal Trade Commission, is not commerce defined as Mr. AUSTIN. I yield. interstate coznmerce? Mr. KING. As I understood the Senator, in reading the Mr. AUSTIN. Mr. President, I have not that law before first line of the section under consideration he used the me. I have always understood that law to be limited to words" interstate commerce"-" unfair methods of competi­ transactions in interstate and foreign commerce, and that tion in or affecting interstate commerce." He did not mean the Congress had not endeavored at any time to go within that, did he? the State boundaries and undertake to regulate intrastate Mr. AUSTIN. No, indeed. Did I say" interstate"? commerce. Mr. KING. The Senator used the word "interstate." Mr. BORAH. I do not think we can authorize the Trade Mr. AUSTIN. I unconsciously operated under a habit of Commission to deal with intrastate affairs. I think if we i·egarding any act of the Federal Congress affecting com­ should undertake to do so, our action would be held invalid. merce to be limited entirely to interstate or foreign com­ Mr. FLETCHER and Mr. WHEELER addressed the Chair. merce. The PRESIDING OFFICER. Does the Senator from Idaho Mr. KING. Will the Senator yield further? yield; and if so, to whom? Mr. AUSTIN. Yes; I yield. Mr. BORAH. I yield to the Senator from Florida. Mr. KING. As I understand, the Senator's position is Mr. FLETCHER. Mr. President, I take it that in the that the language of this provision is too broad, in that it original act commerce was defined to be interstate and for­ would give to the Commission the right to go into a State eign commerce. . and investigate intrastate commerce exclusively where it Mr. BORAH. I have that impression. I have not looked clearly and obviously was intrastate instead of interstate at the original act recently, but I have the impression that commerce. in the original act commerce was defined as interstate com.:. Mr. AUSTIN. I do take that position; and not only that, merce. If it was not, then this measure ought to be amended. but I object to the provision on the ground that it permits Mr. WHEELER. Mr. President, so long as there seems to the invasion of the States to inquire into production. Ad­ be some misunderstanding, I will allow the vote to be recon.:. mittedly, the Senator from Montana [Mr. WHEELER], in re­ sidered, and then we will let the measure go over for the day. ply to the fir$t interrogatory, stated that that was the scope The PRESIDING OFFICER. Is there objection to the re­ of the bill, that it permitted the investigation of production; quest of the Senator from Vermont that the vote by which and so-- the bill was ordered to be engrossed for a third reading, The PRESIDING OFFICER. The time of the Senator read the third time, and passed be reconsidered? The from Vermont has expired. The Senator from Vermont asks Chair hears none, and it is so ordered. unanimous consent to reconsider the votes by which the bill The Senator from Montana now asks that the bill be was ordered to be engrossed for a third reading, read the passed over without prejudice. Is there objection? The third time, and p'assed. Chair hears none, and the bill will be passed over without Mr. BORAH. Mr. President, are we proceeding under the prejudice. 5-minute rule? The PRESIDING OFFICER. The present occupant of the TERMS OF OFFICE OF INTERSTATE COMMERCE COMMISSIONERS chair will say to the Senator from Idaho that he takes it The bill CS. 945) to amend sections 11 and 24 of the for granted that under the rule no more time could be oc­ Interstate Commerce Act was considered, ordered to be en­ cupied on a request for unanimous consent to reconsider the grossed for a third reading, read the third time, and passed, votes by which a bill was passed than could be occupied as follows: during the consideration of the bill itself. Be it enacted, etc., That the Interstate Commerce Act, approved Mr. KING. Mr. President, a parliamentary inquiry. February 28, 1920, is amended by adding at the end of section 11 and' inimediately preceding the last sentence of section 24 the· The PRESIDING OFFICER. The Senator will state it. following: "Upon the expiration of their -terms of office, Com­ Mr. KING. I understood the motion of the Senator from missioners shall continue to serve until their successors are ap­ Arkansas to be that the Senate proceed to consider measures pointed and have qualified." on the calendar to which there was no objection. AMENDMENT OF COMMUNICATIONS ACT OF 1934 The PRESIDING OFFICER. The motion of the Senator The Senate proceeded to consider the bill (S. 1336) to from Arkansas was that the Senate proceed to the consider­ amend paragraph (f) of section 4 of the Communications ation of unobjected bills on the calendar. Order of Business Act of 1934, which was read, as follows: No. 48 was called, and, there being no objection, the bill was Be it enacted, etc., That paragraph (f) of section 4 of the passed. Communications Act, 1934, is hereby amended by adding after the Mr. KING. The inquiry I am making is, Is there any words "a chief engineer and not more than three assistants", the words "a chief accountant and not more than three assistants", limitation in the order which was entered pursuant to the and by adding after the words " and the chief engineer ", the motion of the Senator from Arkansas? words " and the chief accountant ", and by adding after the word The PRESIDING OFFICER. The limitation on debate is "engineers" the word "accountants"; so that paragraph (f) of section 4, as amended, will read as follows: inherent in the rules of the Senate itself, and applies to such "{f) Without regard to the civil-service laws or the Classification motions as that made by the Senator from Arkansas and to Act of 1923, as amended, ( 1) the Commission may appoint and the order entered by the Senate, as well as to ordinary bills prescribe the duties and fix the salaries of a secretary, a director 1935 CONGRESSIONAL RECORD-SENATE . 18!5 for each division, a. chief engineer and not more than 3 assistants, Company F, Ninth Regiment West Virginia Volunteer Infantry, a chief accountant and not more than 3 assistants, a general shall be held and considered to have served without desertion and counsel and not more than 3 assistants, and temporary counsel to have been honorably discharged from such service on May 28, designated by the Commission for the performance of special 1863: Provided, That no pension, pay, or bounty shall be held services; and (2) each commissioner may appoint and prescribe to have accrued by reason of this act prior to its passage. the duties of a secretary at an annual salary not to exceed $4,000. The general counsel and the chief engineer and the chief account­ CURTIS JETT ant shall each receive an annual salary of not to exceed $9,000; The bill

FORT SMITH NATIONAL CEMETERY RESERVATION, ARK. of the Senate, to appoint Sgt. Alvin C. York, late of Company 0, Three Hundred and Twenty-eighth Infantry, United States Anny, The bill norably discharged considered, ordered to be engrossed for a third reading, read soldiers Edward T. Costello, who was a member of Company M, Twenty-ninth Regiment United States Infantry, shall hereafter be the third time, and passed, as follows: held and considered to have been honorably discharged from the Be tt enacted, etc., That the Chief of Finance of the Army shall military service of the United States as a member of that organiza­ cause to be paid to Ruth J. Barnes, wife of Joseph A. Barnes, late tion on the 3d day of August 1914: Provided, That no bounty, back o! the A1r Corps Reserve, Air Service, United States Army, who pay, pension, or allowance shall be held to have accrued prior to was kllled while engaged in flying at the Brooks Field, Tex., on the passage of this act. October 12, 1932, an amount equal to 6 months' pay at the rate 1848 CONGRESSIONAL RECORD-_ SENATE FEBRUARY 12 the said Joseph B. Barnes was receiving at the date of his death. succession and the right to contract, sue, and defend in courts of Such amount shall be paid from funds appropriated for pay of law and equity, possess a common seal, hold title to real estate and the Army. other property, and shall have and possess all powers necessary, convenient, or proper for carrying into etiect the objects stated in ELMER BLAIR this act. · The bill (S. 246) for the relief of Elmer Blair was an­ (b) The company shall consist of the mayor of the city of Wells­ nounced as next in order. burg and his successors in office, the president of the county court of Brooke County and his successors in office, and W. H. Cramblett, Mr. KING. Let that go over. C. P. Waugh, T. H. Hammond. H. G. Emig, William Lake, J. A. Gist, The PRESIDING OFFICER. Objection is heard, and the and Thomas J. Reid, all of Brooke County, W. Va. Any vacancy bill will be passed over. occurring in said company shall be filled by a majority of the other members of said company. The members of said company shall DR. CHESTER C. GROFF serve without compensation but shall be reimbursed out of any The bill (S. 31) to provide for the issuance of a license to funds in its hands for necessary expenses incurred in the conduct of its business. practice the healing art in the District of Columbia to Dr. SEC. 6. The right to alter, amend, or repeal this act is hereby Chester C. Groff was announced as next in order. expressly reserved. Mr. KING. Mr. President, this bill was introduced by the Senator from New York [Mr. CoPELANDL Recently a meas­ AMENDMENT OF ACT TO REGULATE THE CONSTRUCTION OF BRIDGES ure was passed, applicable only to the District of Columbia, The bill (S. 737) to amend section 4 of the act entitled requiring the registration of practicing physicians. Dr. "An act to regulate the construction of bridges over naviga- · Groff was absent from the District for some time. He was ble waters", _approved March 23, 1906, as amended, was not here during the period of registration. This is merely considered, ordered to be engrossed for a third reading, read an authorization for him to register. the third time, and passed, as follows: The PRESIDING OFFICER. Is there objection to the Be tt enacted, etc., That the last sentence of section 4 of the act entitled "An act to regulate the construction of bridges over present consideration of the bill? . navigable waters" approved March 23, 1906, as amended, 1s There being no objection, the bill was considered, ordered amended by inserting before the period at the end thereof a colon to be engrossed for a third reading, read the third time, and and the following: " Provided, That the foregoing provisions of this sentence shall not apply with respect to any bridge constructed passed, as follows: under the provisions of this act which is wholly within the limits Be it enacted, etc., That, notwithstanding any limitation relating of a single State a.nd which is operated by the State or any of its to the time within which an applicatioD; for a license must b~ filed, political subdivisions or by any public body organized under the the commission on licensure to practice the healing art i~ the laws of such State." District of Columbia is authorized and directed to issue a hcense to practice the healing art in the District of Columbia to D~. COLORADO RIVER BRIDGE, PARKER, ARIZ. Chester c. Groff, Washington, D. C., in accordance W!th the provi­ sions of the first paragraph of section 24 of the Healmg Arts Prac­ The bill (S. 812) authorizing the Arizona State Highway tice Act, District of Columbia, 1928. Commission to construct, maintain, and operate a toll or free bridge across the Colorado River at or near Parker, Ariz., OHIO RIVER BRIDGE, WELLSBURG, W. VA. within the Colorado River Indian Reservation, was con­ The bill (S. 250) authorizing the Brookewell Bridge Co. ~o sidered, ordered to be engrossed for a third reading, read the construct, maintain. and operate a toll bridge ~cross the Ohio third time, and passed, as follows: River at or near Wellsburg, W. Va., was cons1d~red •. ordered Be it enacted, etc., That in order to promote interstate com­ to be engrossed for a third reading, read the third time, and merce, improve Postal Service, and provide for military and other passed, as follows: purposes, the Arizona State Highway Commission be, and .is hereby, That in order to promote_ i_nterstate commerce, upon the grant of permission by the Secretary of the Interior Be it enacted, etc., under the provisions of the act of March 3, 1901 (U. S. C., title 25, improve the Postal Service, and provide for military and other P~­ poses, the Brookewell Bridge Co. (hereinafter created, and_ herem­ sec. 311), authorized to construct, maintain, and operate a bridge after referred to as the "company"), its succ:esso:s and assigns, be, and approaches thereto across the Colorado River, at a point suit­ d is hereby a.uthorized to construct, ma1ntam, and operate a able to the interests of navigation, at or near the town of Parker, ~!.1idge and approaches thereto across the Ohio River, at a point Ariz., in accordance with the provisions of the act entitled "An uitable to the interests of navigation, at or near Wellsburg, W. Va., act to regulate the construction of bridges over navigable waters", approved March 23, 1906, and subject to the conditions and limi­ ~n accordance with the provisions of the act ~ntitled "An ?;Ct to tations contained in this act. regulate the construction of bridges over navigable waters .• _ap­ SEC. 2. The Arizona State Highway Commission is hereby au­ proved March 23, 1906, and subject to the conditions and limita­ thorized to operate such bridge free of tolls or, in its discretion, to tions contained in this act. fix and charge tolls for transit over such bridge, and in case rates SEC. 2. There is hereby conferred upon the company, its successors of toll are so fixed, such rates shall be the legal rates until changed and assigns, all such rights and powers to enter upon lands and by the Secretary of War under the authority contained in the act to acquire, condemn, occupy, possess, and use real estate and other of March 23, 1906. property needed for .the location; construction, maintenance, and SEC . 3. If tolls are charged for the use of such bridge, the rates operation of suci;i bridge ai:d its approaches as are. possessed by of toll shall be so adjusted as to provide a fund suffi.cient to pay railroad corporations for railroad purposes or by bridge corpora­ for the reasonable cost of maintaining, repairing, and operating tions for bridge purposes in the State in which such real estate or the bridge and its approaches, under economical management, and other property is situated, upon making just compensation there­ to provide a sinking fund sufficient to amortize the cost of such for to be ascertained and paid according to the laws of such State, bridge and its approaches, including reasonable interest and and the proceedings therefor shall be the same as in the condemna­ financing cost, as soon as possible, under reasonable charges, but tion or expropriation of property for public purposes. in s~ch State. within a period of not to exceed 25 years from the completion SEC 3 The said company, its successors and assigns, is hereby thereof. After a sinking fund suffi.cient fCYr such amortization autho~~d to fix and charge tolls for transit over such bridge, and shall have been so provided, such bridge shall thereafter be main­ the rates of toll so fixed shall be the legal rates until changed by tained and operated free of tolls, or the rates of toll shall there­ the Secretary of War under the authority contained in the act of after be so adjusted as to provide a fund of not to exceed the March 23, 1906. amount necessary for the proper maintenance, repair, and opera­ SEC. 4. In fixing the rates of toll to be charged for the use of such tion of the bridge and its approaches under economical manage­ bridge the same shall be so adjusted as to provide a fund sufficient ment. An accurate record of the cost of the bridge and its ap­ to pay for the reasonable cost of maintaining, repairing, and oper­ proaches, the expenditures for maintaining, repairing, and operat­ a.ting the bridge and its approaches under econo~cal management, ing the same, and of the daily tolls collected shall be kept and and to provide a sinking fund sufficient to amortize the cost of such shall be available for the information of all persons interested. bridge and its approaches, including reasonable interest and financ­ SEc. 4. The ~ght to alter, amend, or repeal this act is hereby ing cost, as soon as possible, under reasonable charges, but within expressly reserved. a period of not to exceed 25 years from the completion thereof. After a sinking fund sufficient for such amortization si:an have OREGON-VVASHINGTON BRIDGE BOARD OF TRUSTEES been so provided, such bridge shall thereafter be mainta.med and operated free of tolls, or the rates of toll shall thereafter be so The bill (S. 1076) relating to the Oregon-Washington adjusted as to provide a fund of not to exceed the amount necessary Bridge Board of Trustees was considered, ordered to be en­ for the proper maintenance, repair, and operation of the bridge and grossed for a third reading, read the third time, and passed, its approaches under economical management. An accurate record of the cost of the bridge and its approaches, the expenditures for as follows: maintaining, repairing, and operating the same, and of the daily Be it enacted, etc., That the act entitled "An act authorizing tolls collected shall be kept and shall be available for the infor­ the Oregon-Washington Bridge Board of Trustees to construct, mation of all persons interested. maintain, and operate a toll bridge across the Columbia River at SEC. 5. (a) There is hereby created the Brookewell Bridge Co~, and Astoria, Clatsop County, Oreg.", approved June 13, 1934, is hereby by that name, style, and title said company shall have perpetual amended to read as follows: 1935 CONGRESSIONAL RECORD-SENATE 1849 " That in order to promote interstate commerce, improve the "(h) To borrow money, make and issue negotiable notes,. bonds, Postal Service, and provide for military and other purposes, the and other evidences of indebtedness of the Board, and to secure Oregon-Washington Bridge Board of Trustees (hereinafter created, the payment of such obligations or any thereof by mortgage, lien, and hereinafter called the '}Ward') and its succeesors be, and is pledge, or deed of trust upon all or any of the property of the hereby, authorized to construct, maintain, and operate ~ brid_ge Board, and to make agreements with the purchasers or holders and approaches thereto across the Columbia. River at a pornt swt­ of such obligations, or with others in connection with any such able to the interests of navigation, at Astoria, Clatsop County, obligations, issued or to be issued, as the Board shall deem ad­ Oreg., in accordance with the provisions of the act entitled 'An visable, and in general to provide for the security for said obliga­ act to regulate the construction of bridges over navigable waters ', tions and the rights of the holders thereof; approved March 23, 1906, and subject to the conditions and limi­ "(i) To pledge all or any part of the tolls and revenues re­ tations contained in this act; and the Boord shall own and hold ceived or receivable by the Board as security for the payment of said bridge in trust for Clatsop County, Oregon County, Oreg .. its bonds issued hereunder to provide for the payment of the Pacific County, Wash., and the city of Astoria., Oreg. cost of the bridge and its approaches and the necessary lands, " SEC. 2. There is hereby conferred upon the Board all such easements, and appw"tenances; rights and powers to enter upon lands and to acquire, condemn, "(j) To enter upon any lands, waters, and premises for the occupy, possess, and use real estate and other property needed for purpose of making surveys, soundings, and examinations; the location, construction, maintenance, and ope~ation of such "(k) To provide and maintain over, under, a.long, or across such bridge and its approaches as are possessed by railroad corpora­ bridge facilities for the passage of tramways, street railways, rail­ tions for railroad purposes or by bridge corporations for bridge roads, telephone, telegraph, or electric wires and cables, gas mains, purposes in the State in which such real estate or other property water mains, and other mechanical equipment not inconsistent is situated, upon making just compensation therefor, to be ascer­ with the appropriate use of such bridge and to contract for the tained and paid according to the laws of such State, and the pro­ construction of such facilities and to lease the right to construct ceedings therefor shall be the same as in the condemnation or and/ or use the same on such terms and for such considerations expropriation of property far public purposes in such State. as the Board shall determine; " SEC. 3. The Board 1s hereby authorized to fix and charge tolls "(l) To make contracts of every kind and nature and to execute for tra.nsit over such bridge, and the rates of toll so fixed shall all instruments necessary or convenient for the carrying on of its be the legal rates until changed by the Secretary of War under the affairs; authority contained in the act of March 23, 1906. "(m) To do all things necessary or convenient to carry out the " SEc. 4. In fixing the rates of toll to be charged for the use of powers expressly given in this a.ct; and such bridge the same shall be so adjusted as to provide a fund "{n) Without limitation of the foregoing, to borrow money from sufil.cient to pay for the reasonable cost of maintaining, repair­ the United States Government or any corporation or agency cre­ ing, and operating the bridge and its approaches under economical ated, designated, or established by the United States and to enter management, and to provide a sinking fund sufficient to amortize into contracts with the United States or such corporation or the cost of such bridge and its approaches, including reasonable agency. interest and financing cost, as soon as possible, under reasonabla "SEc. 7. Without limiting any powers anywhere in this act charges, but within a period of not to exceed 30 years from the granted by the Board, the Board is hereby authorized to provide completion thereof. After a sinking f~nd sufil.cient for such for the payment of the cost of the bridge and its approaches and amortization shall have been so provided, such bridge shall there­ the necessary land, easements, and appurtenances thereto by an after be maintained and operated free of tolls, or the rates of issue or issues of negotiable bonds of the Board and to secure the toll shall thereafter be so adjusted as to provide a fund of not payment of all or any such bonds by mortgage, lien, pledge, or to exceed the amount necessary for the proper maintenance, deed of trust upon all or any of its property. Said bonds shall be repair, and operation of the bridge and· its approaches under eco­ authorized by resolution of the Board and shall bear such date or nomical management. An accurate record of the cost of the dates, be in such form and contain such provisions as the Board bridge and its approaches; the expenditures for maintaining, re­ may determine and as may be provided in such resolution or in pairing, and operating the same; and of the daily tolls collected the mortgage or deed of trust or other instrument securing said shall be kept and shall be available for the information of all bonds. Any resolution or resolutions authorizing such bonds may persons interested. contain provisions, which shall be part of the contract with the "SEC. 5. There is hereby created a body corporate and politic, holders of such bonds, as to (a) the rates of tolls and other to be known as the Oregon-Washington Bridge Board of Trustees, charges to be charged by the Board for transit over or use of the which shall consist of Guy Boyington, judge of the county court bridge, (b) the registration of the bonds as to principal only or as of Clatsop County, Oreg., and his successors in office; J. C. Ten­ to principal and interest, and the inrerchangeability and exchange­ Brook, mayor of the city of Astoria, Oreg., and his successors in ability of such bonds, (c) the issuance of temporary bonds or in­ office; and V. M. Bullard, chairman of the Board of County Com­ terim receipts pending the preparation of definitive bonds, and missioners of Pacific County, Wash., and his successors in office. the terms and provisions of such temporary bonds or interim The Board shall be a body corporate and politic, constituting a receipts, (d) the redemption of the bonds, and the price or prices public-benefit corporation, and shall be deemed a public body at which they shall be redeemable, (e) the setting aside of reserves within the meaning of the National Industrial Recovery Act. The or sinking funds and the regulation and disposition thereof, (f} Board shall elect a chairman from its members and may establish limitations upon the issuance of other or additional notes, bonds, rules and regulations for the government of its own business. In or evidences of indebtedness, (g) the terms and provisions of any the event a vacancy shall occur by death, resignation, or other­ mortgage, deed or trust, or other instrument under which the wise in the office, as a member of the Board, of Guy Boyington, bonds may be issued or by which they may be secured, and ( h) judge of the county court of Clatsop County, Oreg., and his suc­ any other or additional agreement, with the holders of such bonds. cessors in office, or in the office, as a member of the Board, of The bonds shall be signed by such officers as the Boord shall de­ J. C. TenBrook, mayor of the city of Astoria, Oreg., and his suc­ termine, and coupon bonds shall have attached thereto interest cessors in office, the Governor of the State of Oregon shall appoint coupons bearing the facsimile signature of such officer or officers a successor for each such office, to hold office until his successor as the Board shall determine. Any such bonds may be issued and shall be duly elected and qualified; or in the event that a vacancy delivered, notwithstanding the fact that one or more of the shall occur by death, resignation, or otherwise, in the office, as a officers signing such bonds, or the officer or officers whose facsimile member of the Board, of V. M. Bullard, chairman of the Board of signature or signatures shall be upon the coupons or any thereof, County Commissioners of Pacific County, Wash., and his successors shall have ceased to be such officer or officers at the time when in office, the Governor of the State of Washington shall appoint a such bonds shall actually be delivered. successor for such office to hold office until his successor is elected "The Board may enter into any mortgages, deeds of trust, in­ and qualified. Two members shall constitute a quorum for the dentures, or other agreements with any bank or trust company or transaction of business. No member shall receive a salary for his other person or persons in the United States having power to services as a member, but each member shall be paid his actual enter into the same, including the United States Government or expenses in the performance of his duties hereunder. The Board any corporation or agency designated or created by it, as security may employ a secretary, a treasurer, engineers, attorneys, and such for the bonds, and may transfer, convey, mortgage, or pledge all other experts, assistants, and employees as it may deem necessary, or any of the property of the Board thereunder. Such mortgage, who shall be entitled to receive such compensation as the Board deed of trust, lndenture, or other agreement may contain such may determine. All salaries and expenses shall be paid solely provisions as may be customary in such instruments or as the from the funds provided under the authority of this act. Board may authorize, including (but without limitation) provi­ " SEC. 6. The Board shall have all the powers and authority nec­ sions as to (a) the terms and provisions of the bonds or the essary or convenient for the carrying out of the purposes of this resolution providing for the issuance of the same, (b) the con­ act, including (but without limitation) the following rights, pow­ struction, operation, maintenance, repair, and insurance of the ers, and authority: properties of the Board and the duties of the Board with reference "(a) To have perpetual succession as a corporation; thereto, (c) the application of the funds and the safeguarding "(b) To sue and be sued, implead and be impleaded, complain of funds on hand or on deposit, (d) the rights and remedies of and defend in all courts of law and equity; such trustee and the holders of the bonds (which may include re­ "{c) To adopt, use, and alter a corporate seal; strictions upon the individual right of action of bondholders), " ( d} To acquire, purchase, hold, use, lease, mortgage, sell, trans­ and ( e) possession of the properties covered by such mortgage, fer, and dispose of any property, real, personal, or mixed, tangi­ deed of trust, indenture, or other agreement. ble or intangible, or any interest therein; " The bonds of the Board may be sold in such manner, at such "(e} To make bylaws for the management and regulation of its time or times, and at such price or prices as the Board may de­ affairs; termine, but no such sale shall be made at a price which would "(f) To appoint officers, agents, employees, and servants, to pre­ make the interest cost to maturity on the money received therefor, scribe their ·duties, and to fix .~heir compensation: computed with relation to the absolute maturity of the bonds in "(g} To fix, alter, charge, and collect tolls and other charges for accordance with standard tables of bond values, exceed 6 percent transit over and use of such bridge; per annum. The cost of the bridge shall be deemed to include 1850 CONGRESSIONAL REQOR.D-SENATE FEBRUARY 12 interest during construction of the bridge, and for not exceeding ELEVEN POilUS RIVER BRIDGE, OREGON COUNTY, MO. 12 months thereafter, and all engineering, legal, architectural, traffic surveying, and other expenses necessary for or incident to The bill ·

Congress approved May 1, 1928, are hereby extended 1 and l ~7th cta.y of .June 1935, both inclusive. Buch_ regul~tions shall be 1 f th d t f the enactment of this m force during said period, and shall be published m one or more· 3 y~ars, re~pec tiv;, Y. rom e a e O • • daily newspapers published in the District of Columbia: Provided, act ' and msert be, and the same lS hereby, revived and That the expiration of said period shall not prevent the arrest or reenacted: Provided, That this act shall be null and void trial of any person for any violation of such regulations committed unless the actual con5truction of the bridge herein referred during the time same were in force .and effect: Provided, however, . . . . That no penalty prescribed for the _violation of any such regulation to be commenced within 1 year and completed within 3 ye~s shall be in force until 5 days after the date of publication. from the date of approval hereof", so as to make the bill SEC. 3. That the Public Utilities Commission of the District of read· Columbia is hereby granted authority to make such special regu- . lations as in the opinion of said commission may be necessary or Be tt enacted, etc., That the act of Congress approved May 1, 1928, desirable regulating the standing, movement, and operation of taXi­ authorizing the board of county commissioners of Itasca County, cabs, street cars, busses, and other vehicles of conveyance under Minn., to construct a bridge across the Mississippi River at or near the regulation or control of. said commission, for the period com­ the north line of section 35, township 144 north, range 25 west, mencing the 8th day of June 1935 and ending on the 15th day of on the road between the villages of Cohasset and Deer River, June 1935, both inclusive. Minn., be, and the same is hereby, revived and reenacted: Pro- SF.C. 4. That the Secretary of War and the Secretary of the Navy · vided, That this act shall be null and void unless the actual con- are hereby authorized to loan to said committee such tents, camp struction of the bridge herein referred to be commenced within appliances, trunks, motor equipment, benches, chairs, hospital fur­ l year and completed within 3 years from the date of approval nitm:e and utensils of all description, ambulances, horses, drivers, hereof. stretchers, Red Cross fiags and poles, and othei: pr9perty and equip- SEC. 2. The right to alter, amend, or_repeal this act is hereby ment belonging to the Unitec'l States as in their judgment may be express!~ reserved. spared at the time of said session, consistent with the interests of the United States: Provided, That the said committee shall in­ The amendments were agreed to. demnify the United States for any loss or damage to any and all The bill was ordered to be engrossed for a third reading, such property not necessarily incidental to such use: And provided read the third time, and passed. further, That the said committee shall give approved bond to do the same. The title was amended so as to read: "A bill to revive and SEc. 5. That the secretary of war and the Secretary of the reenact the act entitled 'An act granting the consent of Con- Navy are authorized to lpan to the said committee such ensigns, gress to Board of County Commissioners of Itasca County, fiags, decorations, ·lighting equipment, etc., belonging to the United States (battle fiags excepted) as are not then in Minn., to construct, maintain, and operate a free highway use, and may be suitable and proper for decorations and other bridge across the Mississippi River at or near the road be- purposes, which may be spared without detriment to the public tween the villages of. qohasset and Deer River, Minn.'" service, such ensigns, fiags, decorations, lighting equipment, - etc., to be used by the committee under such regulations and SHRINE CONVENTION IN WASHINGTON, D. C. restrictions as may be prescribed by the said Secretaries, or either of them: PrQVided, .That the said committee shall, within 5 days The Senate proceeded to consider the joint resolution CS. J. after the close of said session, return to the said Secretaries all Res. 49) authorizing the use of public parks, reservations, suc.h ensigns, fiags, decora,tions, lighting equipment, etc., thus. and other public spaces in the District of Columbia; and the loaned; and said committee . shall indemnify the United States for any loss or damage not necessarily incident to such use. use of tents, cots, hospital appliances, :flags,. and other deco­ SEC. 6. That the Superintendent of National Capital Parks, rations, property of the United States, by Washington

BILL PASSED OVER engrossed for a third reading, read the third time, and passed, The bill CS. 1266) for the relief of Robert E. Masters was as follows: announced as next in order. Be it enacted, etc., That hereafter, and beginning with the first calendar month after the passage of this act, there shall be de­ Mr. KING. Let that bill go over. ducted each month from the pay of each enlisted man and warrant The PRESIDING OFFICER. The bill will be passed over. officer on the active list of the Regular Army, exclusive of the CUSTER BATTLEFIELD NATIONAL CEMETERY, MONT. Philippine Scouts, a sum not to exceed 25 cents, which sum shall be passed to the credit of the permanent fund, United States The Senate proceeded to consider the bill (S. 266) to pro­ Soldiers' Home (trust fund) in the Treasury of the United States; vide for the erection of a public historical museum in the the exact sum to be so deducted to be fixed from time to time by Custer Battlefield National Cemetery, Mont., which bad been the Secretary of War, within the limlt prescribed above, on the recommendation of the board of commissioners of sald home as to reported from the Committee on Military Affairs with an the amount required to meet the needs of the home. amendment, on page l, line 6, after " Custer ", to insert " and the officers and soldiers under his command at the PATRICK J. SULLIVAN Battle of Little Big Horn River, June 25, 1876 ", so . as to The bill CS. 893) for the relief of Patrick J. Sullivan was make the bill read: considered, ordered to be engrossed for a third reading, read Be it enacted, etc., That the Secretary of War is authorized and the third time, and passed, as follows: directed ( 1) to select a site within the ouster Battlefield Na.tional Be it enacted, etc., That in the admin1strat1on of any laws con­ Cemetery, Mont.; (2) to erect and maintain thereon, as a me­ ferring rights, privileges, and benefits upon honorably diseharged morial to Lt. Col. George A. Custer, and the omcers and soldiers soldiers, Patrick J. Sullivan, who was a member of Battery A, Third under his command at the Battle of Little Big Hom River, June Regiment United States Field Artillery, shall hereafter be held and 25, 1876, a public museum suitable for housing a collection of considered to have been honorably discharged from the military historical relics; (3) to accept on behalf of the United States for service of the United States as a member of that orga.nization on exhibit in such museum the collection of relics now a part of the 13th day of November 1910: Provided, That no bounty, back the estate of Mrs. George A. Custer, deceased, the wife of such pay, pension, or allowance shall be held to have accrued prior to Lt. Col. George A. Custer; and (4) in his discretion, to accept the passage of this act: And provided further, That the rights, such other historical relics as he may deem appropriate for ex­ privileges, and benefits conferred upon Patrick J. Sullivan by reason hibit therein. The plan and design of such memorial museum of the enactment of this act shall be limited to adm.isSion to a shall be subject to the approval of the National Commission of soldiers' home under the regulations governing such admissions. Fine Arts. - SEC. 2. The Secretary of War is authortzed and directed., not­ RELIEF OF DISBURSING OFFICERS OF THE ARMY withstanding any provision of law to the contrary, to do all things The bill (S. 1302) for the relief of certain disbursing offi­ necessary to carry out the provisions of this act, by contract or otherwise, with or without advertising, under such conditions a.s cers of the Army, and for other purposes, was considered, he may prescribe, including the engagement by contract of serv­ ordered to be engrossed for a third reading, read the third ices of such architects, sculptors, artists, or firms, and such other time, and passed, as follows: technical and professional personnel as he may deem necessary, without regard to civil-service requirements and restrictions of Be it enacted, etc., That the Comptroller General be, and he is law governing the employment and compensation of employees of hereby, authorl2ed and directed to allow credit in the accounts of the United States. any disbursing officer of the Army for any payment heretofore SEC. 3. There is hereby authorized to be appropriated the sum made by him to the following-named omcers and former officers of of $20,000, or so much thereof as may be necessary, to carry out the United States Army based upon a credit for their services as the provisions of this act. cadets at the United States Military Academy and to remove any direct charge against ap.y such persons on account of such pay­ The amendment was agreed to. ments: DeRosey C. Cabell, Thomas McF. Cockrill, James N. Caper­ The bill was ordered to be engrossed for a third reading, ton, Junius H. Houghton, Otto F. Lange, Paul B. Parker, James DeB. Walbach, and Victor W. B. Wales: Pravided, That any read the third time, and passed. amounts previously recouped to the United States on account of COMMUTATION OF SUBSISTENCE, RESERVE OFFICERS' TRAINING payments to the above omcers based upon credit for service as a CORPS cadet at the United States Military Academy shall be refunded out of current appropriations. The bill CS. 1304) to amend section 47c, National Defense Act, as amended, relating to military training required to ZINSSER & CO. entitled members of the Reserve Officers' Training Corps to The bill CS. 732) for the relief of Zinsser & Co. was con­ receive commutation of subsistence, was considered, ordered sidered, ordered to be engrossed for a third reading, read to be engrossed for a third reading, read the third time, and the third time, and passed, as fallows: passed, as follows: Be it enacted, etc., That the Secretary of War be, and he 1s Be it enacted, etc., That section 47c of the National Defense Act hereby, authorized to adjust upon a fair and equitable basis or to of June 3, 1916, as amended, be, and the same is hereby, amended cancel any agreement, express or implied, that has been entered by adding thereto the following additional proviso: "Provided fur­ into in good faith by any officer acting under his authority, direc­ ther, That credit may be given under such regulations as may be tion, or instruction with Zinsser & Co., Inc., Hastings-on-Hudson, prescribed by the Secretary of War as for service in the senior N. Y., for the sale of War Department buildings, underground pip­ division of the Reserve Ofilcers' Training Corps to any student ing, and concrete foundatio.n.s, together with all fixtures considered enrolling therein who has received or shall have received military part of the building and located upon ground owned by the said training substantially equivalent to any part of that prescribed company. by regulations for the senior division of the Reserve omcers' JUDSON B. ISBESTER Training Corps." SEc. 2. The joint resolution of Congress approved September 8, The bill CS. 999) for the relief of Judson B. Isbester was 1916 (39 Stat. L. 853, ch. 478, U. S. C., title 10, sec. 388), is hereby considered, ordered to be engrossed for a third reading, read repealed. the third time, and passed, as follows: WIENER BANK VEREIN Be it enacted, etc., That in the administration of any laws con­ The bill CS. 735) for the. relief of Wiener Bank Verein ferring iights, privileges, and benefits upon honorably discharged soldiers, their widows, or dependent relatives Judson B. Isbester, was considered, ordered to be engrossed for a third reading, formerly a private, Company M, Twenty-third Regiment United read the third time, and passed, as follows: States Infantry, and who subsequently had two periods of honor­ Be it enacted, etc.; That the sum of $30,208.67 is hereby author­ able service in Company I, Thirty-fourth Regiment United States ized to be appropriated for payment to the Wiener Bank Verein or Infantry, as James E. Dolan, shall hereafter be held and considered its attorney in fact in the United States, representing interest at to have been honorably discharged from the military service of the 43,4 percent on certain cable transfers which the Embassy at Con­ United States as a member of Company M, Twenty-third Regiment stantinople undertook to make by cable communications to the United States Infantry on the 12th day of April 1909: Provided, Secretary of State on January 13, 1917, and on February 25, 1917, That no pay, pension, bounty, or other emoluments shall. be held payment of which was deferred, as set forth in Senate Document to have accrued prior to the passage of this act. No. 18, Seventy-second Congress, first session: Provided, That no payment hereunder shall be made by the Secretary of the Treasury ARMY MOTOR-PROPELLED VEHICLES except at the direction of the Secretary of State: Provided further, The bill CS. 1300) to amend the War Department appro­ That full authority is hereby vested in the Secretary of State to determine. in his discretion, whether payment in whole or in priation act relative to the operation of motor-propelled part should be made, withheld, or deferred. vehicles was considered, ordered to be engrossed for a third UNITED STATES SOLDIERS' HOME reading, read the third time, and passed, as follows: Be it enacted, etc., That the second proviso in the paragraph A bill

States Army on May 15, 1864, at Lexington, Ky.; that during· the EXECUTIVE REPORTS OF A COMMITTEE battle of Peach Tree Creek, on or about the 30th day of July 1864, he was captured and made a prisoner of war; that ~e was Mr. McKELLAR, from the Committee on Post Offices and taken to Andersonville, Ga., with other prisoners and remamed a prisoner at Andersonville for over 4 months; that he was then Post Roads, reported favorably the nominations of sundry transferred to Charleston, S. C., and from there to Florence, Ala., postmasters, which were ordered to be placed on the Execu­ where he was a prisoner for some ti.me; that he was returned to tive Calendar. the prison at Andersonville, and remained there until the close of If the war, when he was released from prison about April 9, 1865; The PRESIDING OFFICER. there be no further re­ that he has never been discharged from the United States Army, ports, the clerk will state the first nomination in order on that he has only received $38 in pay for his services; that he prays the calendar. for an honorable discharge from the United States Army so that THE JUDICIARY he may be able to set himself right with his family and friends." It is held by the War Department that the final record of this The legislative clerk read the nomination of Simon Hellen­ soldier is that of a deserter from on or about July 30, 1864. thal, of Alaska, to be district judge, division no. 3, for the Applications for a certificate of honorable discharge in his case have been denied xepeatedly and still stand denied on the ground District of Alaska. that it has not been established that the soldier was prevented The PRESIDING OFFICER. Without objection, the from returning to his command after July 30, 1864, by reason of nomination is confirmed. wounds, injuries, or disease incurred in the line of duty and because his case does not come within any of the provisions of the The legislative clerk read the nomination of Ingram M. act of Congress approved March 2, 1899 (25 Stat. L. 869) , the only Stainback, of Hawaii, to be United States attorney, district law in force governing the subject of removal of charges of d~ser­ of Hawaii. tion from the records of soldiers of the Civil War, and the lSSUe of honorable discharges when the charge is removed. The PRESIDING OFFICER. Without objection, the Respectfully submitted. nomination is confirmed. JAMES F. McKINLEY, The legislative clerk read the nomlnation of Joseph Lee Major General, The Adjutant General. Crawley, to be United States marshal, southern district of The PRESIDING OFFICER. That completes the calendar. Georgia. The PRESIDING OFFICER. Without objection, the nom­ N. R. A. MILLINERY CODE ination is confirmed. Mr. KING. Mr. President, I have had some little cor­ The legislative clerk read the nomination of Stephen J. respondence with the N. R. A. based upon criticisms of its Doyle, to be United States marshal, district of North Dakota. administration. I have received a letter from a gentleman The PRESIDING OFFICER. Without objection, the nom­ whom I know well, a man of honor in my State, in which ination is confirmed. he refers to some of the results of the operation of the N. R. A. I want to read from the letter: The legislative clerk .read the nomination of Edward L. Faupel, of California, to be United States marshal, United Yesterday I was in receipt of the report of the auditor for the code authority of the millinery industry. According to his figures, States Court for China. there were 30,000 people employed in the industry on August 31, The PRESIDING OFFICER. Without objection, the nom­ 1934. A Government report states that in 1929 there were 74,000 ination is confirmed. people employed in the industry. To me there is only one answer to this tremendous decrease in POSTMASTERS employees. Manufacturers in the larger areas have put more ma­ The legislative clerk proceeded to read the nominations of chinery in their plants, producing a greater volume of goods with sundry postmasters. a lesser number of employees. • • • There are no provisions whatsoever in the code for operators on Mr. ROBINSON. I ask unanimous consent that the nom­ dift'erent types of machines rating the pay in accordance with the inations of postmasters may be confirmed en bloc. type of machine. You can easily see where we are compelled to The PRESIDING OFFICER. Without objection, the nom­ pay the same price for labor on a 10-dozen machine production inations of postmasters are confirmed en bloc. that New York pays on a 40-dozen capacity. It makes our posi­ tion untenable and is economically unsound. There are so many That completes the calendar. instances of this kind in our daily manufacturing costs that it puts us small manufacturers out in the country to a great dis­ ADJOURNMENT TO THURSDAY advantage over the larger factories in the cities, and I think if Mr. ROBINSON. As in legislative session, I move that you would bring to the attention of the President the fact that smaller manufacturers where they employ 25 people or less should the Senate stand adjourned until 12 o'clock noon on Thurs­ be exempted from all provisions of the codes it w111 build up our day next. smaller factories throughout the Nation and wm distribute manu­ The motion was agreed to; and the Senate, in legislative session, adjourned until We folks out here in the country can then work out our own Thursday, February 14. 1935, at 12 o'clock meridian. problems of meeting the hard competition of the metropolitan areas. ! My ide~ on the whole thing is this: that the small plant should NOMINATIONS be encouraged, especially the small ones away from the metro­ Executive nominations received by the Senate February 12, politan areas, and that we should be encouraged to build up our plants by being exempted from all requirements of the codes. 1935 Many complaints made to me indicate that many so-called UNITED STATES ATTORNEY "small business institutions" have been closed, if not de­ Bunk Gardner, of Kentucky, to be United States att.orney stroyed, by reason of rules and regulations and codes pro­ for the western district of Kentucky, to succeed Thomas J. mulgated by the N. R. A. Many persons are questioning the Sparks, whose term expired February 7, 1935. value of the N. R. A. and some are demanding that most of its powers be taken from it. PROMOTIONS IN THE NAVY EXECUTIVE SESSION Comdr. Stephen B. McKinney to be a captain in the Navy from the 1st day of March 1934. Mr. ROBINSON. I move that the Senate proceed to the Lt. Comdr. Greene W. Dugger, Jr., to be a commander in consideration of executive business. the NavY from the 1st day of October 1934. The motion was agreed and the Senate proceeded to; to Lt. John E. Dingwell to be a lieutenant commander in the the consideration of executive business. NavY from the 1st day of January 1934. EXECUTIVE MESSAGES REFERRED Lt. Emil Chourre to be a lieutenant commander in the The PRESIDING OFFICER Bruce D. Kelley to be a lieutenant in the Hazel B. Stites, Maxwell. Navy from the 27th day of October 1934. . Charles L. Hollar, Maywood. The following-named lieutenants (junior grade) to be Harold B. Byron, Pasadena. lieutenants in the Navy from the 1st day of November 1934: Frederick Martin, Petaluma. Susan M. Sigler, Universal City. Stirling P. Smith Jeane R. Clark FLORIDA Lt. (Jr. Gr.) Horace W. Blakeslee to be a lieutenant in the Helen B. Giessen, Orange Park. Navy from the 7th day of November 1934. - A. J. Victor Johnson, Pierson. Lt. (Jr. Gr.> Chester C. Smith to be a lieutenant in the Mildred Hanks, Port Tampa City. NavY from the 11th day of November 1934. · IDAHO The following-named lieutenants (junior grade) to be lieutenants in the NavY from the 1st day of December 1934: Edward W. Cronkhite, American Falls. George C. Wright Robert H. Gibbs L. Parker Runyon, Buhl. Homer 0. Dahlke DeVere ·L. Day Clyde B. Urban, Kimberly. 1935 CONGRESSIONAL RECORD--HOUSE 1859

Charles N. Dundas, Pierce. NORTH CAROLINA Harry B. Colwell, Rupert. John 0. Redding, Asheboro. Ernest L. Clinger, Shoshone. Millard G. Poteat, Marion. INDIANA Wallace B. Stone, Swannanoa. Henry E. Snyder, Atlanta. James S. Auble, Cayuga. OKLAHOMA Curtis Bennett, English. Earl A. Brown, Ardmore. Iliff W. Lewis, Fairmount. OREGON Ralph F. Yeoman, Hanna. Anne E. O'Rourke, Condon. Thomas W. Hall, Medora. Russell H. Sullens, Prairie City. Ruth 0. Couch, Sheridan. George F. Coyle, Tell City. RHODE ISLAND Ernest F. Griffith, Vevay. Daniel W. Coggeshall, Bristol. . Louis L. L~ngdo~, Jr., Wheatland. William F. Harkins; We8t Barrington. IOWA UTAH Maude M. Hanna, Burt. Mark L. James, Bingham Canyon. Kate C. Warner, Dayton. Theresa R. Taylor, Garfield. Sadie J. Callahan, Epworth. Ralph H. Jacobshagen, Helper. Yorke A. Johnson, Jewell. John C. Root, Milford. KENTUCKY Rudolph Church, Panguitch. Benjamin F. Bailey, Adairville. Joseph Park, Riverton. George W. Abbott, Bedford. G. Leonard Larson, Sandy. J. Edgar Moore, Berea. VIRGINIA Lida H. Muir, Bloomfield. Thaddeus W. Wilson, Brandenburg. Rosa L. Williams, Bassetts. ~ LOuise -P. Kreamer; Blirnside. John H. Woolwine, Blacksburg.. Jack Smith, Campton. William C .. Whitmore, Leesburg. Roy Willis, Caneyville. Bourbon N. Kibler, Luray. Ressie H. Miller, Cloverport. Jay C. Litts, Norton.' G. Baxter Ramsey, Dawson Springs: Thomas E. -Frank, Warrenton. Maria· T. Fish, Frallkfort. Ethel L. Deans, Windsor. Mary Rogers, Guthrie. Gipsie B. Cassell, Wytheville. Lyman G. Barrett, Hartford. WASHINGTON' Leslie L. Patton, Horse Cave. Alfred J. Twinning, coul~. Clarence L. Sharp, Liberty. Etta R. Harkins, Manette. J. Elliott Riddell, LOuisville. Wilbur B. Stonex, Onalaska. . Jack B. Hubbard, Jr., Munfordville. Walter' Lee Ba-rnard, Sum:ri_~r .. Christine Alexander, Salt Lick. Milton Ashby, Sebree. WEST VIRGINIA Theodore C. Campbell, Springfield. John Speicher, Hopemont. William· J. Smith, Stearns. Lbuis Knakal, Widen. William T. Smith, Taylorsville. . WISCONSIN' Beverly L. Bradshaw, TompJpnsville. Mary C. Greenwell, Uniontown. Oliver R. Weinandy, Cochrane. H. Harvey Denham·. Vanceburg. Samuel M. Hogenson, Ephraim. · Beulah M. Matheus, Whitesville. Ferdinand A. Nierode,-Grafton. Raymond E. Lingsweiler, Sturtevant. MAINE Magnus Magnusson, Washington Island. Raymond w. ·cliai>un. Cornish. Nellie B. Jordan, Cumberland Center. WYOMING Harvard c. Jordan, Ellsworth. Roy C. Peck, Saratoga. . Albert T. Elw:ell, West Buxton. Michaei ·J°. Kennedy.; Woodland. Thomas J. Donohue, York Beach. HOUSE OF REPRESENTATIVES MARYLAND TUESDAY, FEBRUARY 12, 1935 James J. Ohler, Glenarm. The House met at 12 o'clock noon. Jacob T. Hartle, Hagerstown. The Chaplain, Rev. Jame8 Shera Montgomery, D. D., John T. French, Owings Mills. offered the.following prayer: William H. Condiff, Solomons. O Spirit of God, bend over us in sacred benediction that NEW JERSEY we may rest ourselves in Thee with quietness and confi­ John R. Snedeker, Atlantic Highlands. dence. Breathe into us that which is so requisite for us: August F. Schweers, Little Silver. approach the stature and the fullness of our Elder Brother. James F. Creamer, Parlin. Heavenly Father, refresh us, and let us catch step at the Charles F. Haussermann, South River. beginning of another week, and move f orwa:rd with hopeful Mary G. Appleby, Spotswood. hearts and understanding minds. Let this moment be Henry M. Dunham, Toms River. dedicated to him who fell in patience and resignation amid the sorrowing tears of his fellow countrymen. In his pas­ NEW YORK sion of enthusiasm for the Nation, oh lead us on to guard, Frank W. Junior, Chazy. strengthen, and enrich the institutions which we have Edward F. Higgins, Great Neck. received as a heritage for the generations yet to come. J. Frank Schummer, l!amburg. Blessed Lord God, may our aspirations ever be to put integ­ James J. Moroney, Pleasantville. rity into trade, ethics into laws, patriotism into politics, a·nd George J. O'Brien, Sandy Creek. equality into institutions. With malice toward none a.nd Frank T. More, Walton. charity for all, as time passes, may our country grow more LXXIX--118