Q:ongrrssional Rrcord United States of America PROCEEDINGS AND DEBATES OF THE 8oth CONGRESS, SECOND SESSION

S. 311. An act authorizing the issuance of I speak also of the man who later gave SENATE patent in fee to Charles Ghost Bear,_Sr.; American liberalism a new and even richer S. 312. An act authorizing the issuance of meaning-Andrew Jackson. FRIDAY, FEBRUARY 20, 1948 a patent in fee to Charles Kills the Enemy; Although these meetings tonight are po­ S. 313. An act authorizing the issuance of litical gatherings, the things I wish to talk

; 1948 CONGRESSIONAL RECORD-SENATE 1449 · The picture is complete·. It should be ob­ from Virginia; not one word has ever'passed to the progress of the work of the Com­ vious to any thoughtfur person that the re­ my lips which could be used to inflame any mission: sult of this program would be a complete prejudice between the races. I deplore such "In accordance with the Commission's pol­ break-down of local self-goverment and the action on the part of any public man. As icy of enlisting eminent and experienced cit­ concentration of nearly all power in the Fed- Governor, and as Senator, my office door has izens and organizations to advise upon spe­ eral Government. · · always been open to every citizen of Virginia, cific functions of the executive branch, the We in the South must face the situation regardless of race, creed, or color. As ,a following further arrangements have been frankly and with a view to consideration of public official, I have never failed to do all made since the last _report. An examination all the implications involved. This legisla­ within my power to advance the proper in­ and report are being made upon executive tion is admittedly aimed at the South. What, terests of the Negro citizens of Virginia. As relations to independent regulatory agencies let me ask, has the South done to justify this Governor-and pardon me for repeating-! by Mr. Owen D. Young, ex-Senator Robert M. tre'atment from the national Democratic sponsored the most drastic antilynching law La Follette, and Prof. Robert Bowie, of the Party? In good times and bad we have that exists on the statute books of any State. Harvard Law School. • remained loyal to the Democratic Party in I h ave seen, with gratification and ap­ "An examination and report upon Indian all national elections. Without the South proval, the steady improvement in the eco­ Affairs are being made by Mr. Charles J. there woulQ be no national Democratic Party nomic condition of the Negroes of Virginia Rhoads, former Commissioner of Indian Af­ today. . and throughout the South. I want to see fairs, and president of the board of trustees It is true that four of our States- fell by this progress continue. It is my sincere con­ of Bryn Mawr College; Dr. John R. Nichols, the wayside in that heated campaign of 1928, viction that passage of the legislation as now pr,·s'.dent of the New Mexico College of Agri­ but those of you who are here ton'ight who proposed will do irreparable injury to the culture and Mechanic Arts; the Reverend Dr. were participants will sustain me when I true interests of the southern Negro. Gilbert Darlington, treasurer of the American say that never,.since the reconstruction days, We must not short-cut the Constitution Bible Society; and Dr. George Graham, pro­ did the democracy of the Southern States of the United States, either by direct act fessor of political science at Princeton Uni­ fight more valiantly to carry the Democratic or by Federal coercion. Our racial prob­ versity. banner. In what way have we failed? And lems-and I admit there are many-must be "A study is being conducted into the exec­ why should we be singled out by our leaders worked out by constitutional methods and utive management of natural resources by a who seem determined to destroy the things / by the calm and considered action of the committee under the chairmanship of ex­ that made it possible for . the South to rise leaders of both races. For hoth of the two Gov. Leslie Miller, of Wyoming, The other from the ashes of the devastation of the War great political parties to gang up on the members of the committee are Dr: Isaiah Between the States? Do they scorn the fact South in an indecent race to endeavor to Bowman, president Of Johns Hopkins Univer­ that by the strength of our own determina­ ·· secure for their own particular party the sity; Prof. Samuel ·Trask Dana, dean of the tion, our own sweat and toil, the South, most political advantage in the pending Pres­ School of Forestry and Conservation, Univer­ among all the sections of America, today idential campaign will result in lighting sity of Michigan; Mr. Donald H. McLaughlin, stands on a threshold of the greatest pro- anew the flames of race hatred and bigotry. formerly dean of the College of Engineering . gress? The southern people have their pride and, at the University of California; Mr. Gilbert And let us recall that in the terrible days if I know them rightly, they do not intend F. White, president of Haverford College; Mr. of reconstruction we had no southern re­ to submit tamely to having their customs and John J. Dempsey, former Governor. of New covery plan; no outside hand was extertded to traditions made a political football for the Mexico and former Under Secretary of the the South to aid us. We had only our own benefit of political aspirants. · · Interior; and Mr. Horace Albright, former character and determination to go forward to Before this movement has gone too far, Director of the National Park Service. our greater destiny. I hope with all my hear·t that at least the "A study of the medical services of the Gov­ Call the roll of the States against whom national Democratic Party, which owes the ernment, except those of the National MiU­ this assault is being made, and, as I men­ South so much, may realize the '!!_reparable tary Establishment, is being made by a com­ tion their names, let each of us recall in our injury that is being done to party unity and mittee under the chairmanship of Mr. Tracy thoughts the great traditions and achieve­ southern conditions. S. Voorhees, president of the Long Island ments of these Southern sovereign States­ Let me quote Thomas Jefferson, who said, · College Hospital, Brooklyn, N. Y. · The other Virginia, North Carolina, South Carolina, in expressing his opinion on the French members of the committee are: Dr. 0. H. P. Georgia, Alabama, Mississippi, Arkansas, treaties: "The law of self-preservation over­ Pepper, professor of medicine at the Uni­ Texas, Louisiana, Florida, and Oklahoma. I rules the law of obligation to others." versity of Pennsylvania; Dr. Hugh Jackson challenge any proponent of this anti-South­ I want our President and our national Morgan, professor of medicine at Vanderbilt ern legislation to name any other galaxy Democratic leaders to ponder over tl"Pis University; Dr. Allen 0. Whipple, professor of 11 American States which, as a group, quotation. emeritus of surgery, Columbia· University; can point to a greater contribution to the It has not been a pleasant thing for me Dr. W. C. Menninger of the Menninger achievements of our Republic. to make this report to the democracy of Foundation, Tope_ka, Kans.; Dr. Ray Lyman Virginia. I do so only under the impulse of We stand alone. The two great political Wilbur, of Stanford University; Dr. Frank ~. parties are preparing to engage in competi­ the strongest sense of duty to those who Bradley, of Barnes Hospital at St. Louis; Dr. tive bidding for the votes of small pressure have honored :rri.e. The crisis is here. We R. ·c. Buerki, dean of the school of medicine groups in Northern States by attacking the must face it in the open, and only a free at the ' university of Pennsylvania; Mr. traditions, customs, and institutions of the discussion can enable us to determine our Charles F. Rowley, former trustee of Massa­ Southland. course. chusetts Investors Trust; Mr. Henry Isham, The leader of our party has challenged STATEMENT BY HERBERT HOOVER ON president of the board of trustees of Passa­ the Republican majority in the House and ORGANIZATION OF THE EXECUTIVE vant Hospital at Chicago; Dr. Paul R. Senate to pass th!s legislation. This chal­ BRANCH ' OF THE GOVERNMENT Hawley, formerly chief medical director of lenge has been accepted. The wheels have the Veterans' Administration; arid Dr. alread-y begun to turn, and the stage is Mr. LODGE. Mr. President, for the in­ Michael DeBakey, associate professor of being set to enact it so that both parties formation of the Senate I ask that there surgery, Tulane University. Rear Adm. can make a bid for the votes of these minor­ be printed at this point in my remarks a Joel T. Boorie, secretary of the Secretary 'bf ity groups. The stakes are high. Highly statement issued by former President Oefense's committee on the medical and placed politicians think that whichever party hospital services of the Armed Forces, is also can gain the most advantage by the l'lu­ Herbert Hoover, Chairman of the Com­ secretary of this committee. miliation of the. South may win the Presi­ mission on the Organization of the Ex­ "The personnel and civil-service commit­ dency, because it is that these mi­ ecutive Branch of the Government, re­ tee, under the chairmanship of Mr. John A. norities have a balance of power in p'ivotal garding the progress of the work of that Stevenson, president of the Penn Mutual Life States. Even though we are small in num­ body. Insurance Go., which now comprises, Mr. ber, I am not willing to admit that the South James P. Mitchell, vice president, Blooming­ is impotent to protect our rightful interests. There being no objection, the 'state­ men't was ordered to be printed in the dale Bros., Inc.; Dr. George D. Stoddard, I am not willing to admit that political ex­ president, University of Illinois; Mr. Raw­ pediency can t'ake the place of fundamental RECORD, as follows: leigh Warner, chairman of the board of principles. . Mr. Herbert Hoover, Chairman of the Com­ PMre Oil Co.; Mr. Alfred. H. Williams, presi­ Every southern Congressman, so far as' I mission on the Organization of the Executive dent, Federal Reserve Bank of Philadelphia; am aware, and every southern Senator, with Branch of the Government, the members of Mr. Lawrence Appley, vice president, Mont­ the possible exception of one, is prepared to . which are Dean Acheson, former Under Secre­ gomery· Ward & Co.; Dr. Vannevar Bush, oppose this legislation by every legislative tary of State; Arthur S. Flemming,_Civil Serv-. chairman of the Research and Development device within our power. We may lose the ice Commissioner; James Forrestal, Secretary Board; Mr. Alvin Do.dd, president of the battle, and then will be time enough to de­ of Defense; George H. Mead, industrialist; American Management Association; Col. cide what action the Southern States should Si=mator George D. Aiken; former Ambassador Franklin D'Oliei:, chairman of the Prudential take. Let us wait the result and calmly and Jos~ph P. Kennedy; Senator John L. McClei­ Insurance Co.; Dr. Alvin Eurich, ·vice presi­ deliberately ,J;hake our decisions in the Ugh t lan; Dr. James K. Pollock, of the University dent of Stanford University; Dr. Earl G. Har­ of events that" will happen in the coming ·of Michigan; Congressmen Clarence Brown rison, dean of the law school at the University · days. and Carter Manasco; and James Rowe, Jr., of Pennsylvania; Dr. Robert L. Johnson, I ask your pardon for a personal reference. former administrative assistant to the Presi­ .president of Temple University; Mr. David As Governor of Virginia, and as a Senator dent, made the following statement today as ~ilienthal, chairman of· the Atomic Energy XCIV--92 1450 CONGRESSIONAL RECORD-SENATE FEBRUARY 2·0 Commission; Mr. Robert Ramspeck, vice House of Representatives to the bill

1946 were proclaimed by the President on ARTICLE 3 THE ST. LAWRENCE SEAWAY June 10, 1946, and May 27, 1947, respectively, 1. The Governments signatory of the The Senate resumed the consideration and have been printed respectively as Treaties present Protocol recognise that revision of of the joint resolution m­ crease of more than 15 percent over the modations not now under control·except modations in a single dwelling unit not maximum rent ·which would otherwise where a need for such recontrol is shown. used as a rooming or boarding house, as apply in the absence of a lease. Section In the committee's opinion, this need has defined by the present regulations, and 203 (b) of the bill continues the same not been shown to its satisfaction in the the reil)ainder of which is occupied by the basic maximum for rents, but expressly residential-hotel field in its entirety. An landlord or his immediate family. De­ directs the Rent Administrator to make investigation made into certain allega­ control of luxury apartments as a class necessary .adjustments therein to pre- tions of sizable inqreases upon decontrol was favored by witnesses having widely . vent any person from suffering a loss in of certain hotels claimed to be residen­ divergent views in other respects. In­ the operation of controlled accommoda­ tial in character resulted in a finding cluded among them were the Acting· tions as well as to correct hardships of that the allegations were not substan­ Housing Expediter, an operator of luxury other types and other inequities. It also tiated. Other testimony showed a suf­ apartme~ts, a representative of a fair­ allows immediate decontrol of accom­ ficient vacancy rate in such hotels in rent committee, a national labor-union modations which become the subject of a areas deemed to be representative to leader, and a representative of a State­ lease executed by December 31,-1948, pro­ warrant leaving such accommodations in wide tenants organization. Testimony viding for any rental agreed upon but a state of decontrol. The administra­ indicates. that decontrol of such units not in excess of 15 percent over the ceil­ tion did not request recontrol of these will likely result in their conversion into ing which would apply in the absence of accommodations. additional housing units, and that this a lease on the date of enactment of the Section 202 (c) (2) of the 1947 act also type of accommodation is not in short bill now being considered. · decontrols motor courts and tourist supply. , Let us look for a moment at the homes serving transient guests. By reg­ The other class newly decontrolled in­ inequities provision of the 1947 act. In ulation, the Office of the Housing Expe­ cludes the typical case of a private family case after case witnesses before our sub­ diter also decontrolled trailers and trailer which takes in not more than two room­ committee complained that under the space. The committee decided to con­ ers. The 1947 act already allows evic­ Housing Expediter's definition of inequi­ tinue trailers and trailer space in the tion in these cases. . The committee is of ties as it was admiilistered, they were category of decontrolled accommoda­ the opinion that the time has come to able to obtain no adjustment of rents tions. Section 202 of the bill therefore decontrol this class of accommodations, which would do more than allow them expressly decontrols them. as in most cases it is believed the accom­ an opportunity to lose annually in o~r­ Section 202 (c) (3) of the 1947 act modations were made available as a favor ations of rental housing no more than further decontrolled housing accommo­ rather than purely out of a profit motive. they lost in the average in any two suc­ Consequently, decontrol in this case is cessive years since 1939. Moreover, I dations completed or converted on or cite the experience of a man named Fliss, after February 1, 1947, except that vet­ not likely to lead to abuse and strength­ erans' :Preference rights were protected. ens the maxim that "A man's home is who owned and operated some apart­ his castle." ments in the city of Chicago. It is re­ Section 202 of the bill extends that gen­ ported that he was not in a financial po­ eral theory by providing decontrol for Definitions of "defense-rental area" sition to make needed repairs to the all newly constructed or converted hous- and "rent" in section 202 (d) and (e) of boilers in his establishment and, there­ -ing. The administration did not request the 1947 act are left unchanged by the fore, in April 1947 notified his tenants recontrol of new housing with the same bill. that after October of that. year he would . exception. " Neither does the bill make any change collect no more rent from them. In due Section 202 (c) (3) of the 1947 act in section 203 of the 1947 act, which course, however, Mr. Fliss was served further provides for decontroLof housing removes authority to set maximum rent with a mandatory injunction obtained in units which at no time between Febru­ ceilings under the Emergency Price Con­ 'the Federal court upon the petition of the ary 1, 1945, and January 31, 1947, in­ trol Act of 1942 and provi~es for distri­ Housing Expediter, requiring him to re­ clusive, were rented as housing accom­ bution to the States, upon request, of pair the boilers. For failure to do so he modations other than to members of the records of the Office of the Housing was thereafter dted for contempt and immediate family of the occupant .. Sec­ Expediter. \ upon conviction sentenced to a prison tion 202 of the bill extends this general Section 204 (a) of the 1947 act, in term pending his compliance with the theory by decontrolling all housing ac­ general, empowers the Housing Expe­ man~atory injunction. The net result is commodations in this category for any diter to administer all of the rent-con­ that through this procedure, a landlord successive 24 months between February trol functions and certain of the housing may be compelled to continue in the 1, 1945, and the date of enactment of the functions named in the act. It also con­ business of renting housing accommoda­ bill. It also clarifies .the meaning of tinues his office until February 29, 1948. tions despite his desire to cease that busi­ the provision by changing the word "oc­ Section 203 of the bill extends this au­ ness. While to this extent the landlord cupant" to "landlord." The intent of thority to the close of April ·30, 1949. · As is treated as if he were engaged in a the committee is that such accommoda­ previously explained, 14 months was se­ public utility, as the 1947 act is admin­ tions shall be decontrolled only if the lected as an appropriate time, because it istered, he is not assured of the oppor­ occupant is the landlord or a member will afford the next Congress sufficient tunity to make a reasonable profit. Sec­ of his immediate family, or if the dwel­ time to examine the administration of tions 205 and 302 are intended to rem­ ling unit is unoccupied. the new legislation, and will allow that edy this situation by allowing a landlord In order to clarify a doubt as to its examination to be made in the not too in good faith to regain possession of his status under Federal rent control, sec­ distant future. The administration had housing accommodations if he in good tion 202 of the bill also decontrols houses requested that the authority of the Hous­ faith desires to withdraw them frolljl the built between February 1, 1945, and Feb­ ing Expediter be extended to March 31, rental market, and by providing that he ruary 1, 1947, and occupied by the land­ 1950, but this request was not fully shall not be :req.uired to offer them for lord or his-family, or unoccupied through granted, because ·it was not in accord rent. 1948 CONGRESSIONAL ~ECORD-SENATE 1459 In order to make hardship adjust­ concern the prospect of harassment through tary leases under the 1947 act, the sub­ ments more effective, the subcommittee a new feature permitting malicious prose­ committee further recommended that had recommended to the Committee on cutions. the maximum rent ceiling prevailing Banking and Currency that there be in­ Can the Senator from Washington give during the term of the lease should con­ corporated· in the bill a formula allow­ me some idea of the reasons calling for tinue until April 30, 1949, to prevail as ing an increase of 15 percent in the the restoration of these criminal penal­ to such accommodations in cases where general rent level in any area or auton­ ties? the lease expired by its own terms prior omous portion thereof upon a showing Mr. CAIN. Mr. President, I hope the to April 30, 1949. Both of these pro­ to the satisfaction of the Housing Ex­ Senator from Colorado will permit us to visions were adopted by the committee pediter or, upon appeal, to the Federal do it fully after the conclusion of the and presently appear in section 203 Cb) courts, that operating costs in the area premise the committee is attempting to of the bill. involved had increased by 30 percent or establish before the Senate. In furtherance of its philosophy look­ more since the freeze date. · Legal pro­ Mr. MILLIKIN. I shall be glad to ing toward restoration of free bargaining tection was afforded the tenant in the defer until that time. I do not like to between landlord and tenant at as early bill by allowing him 'Lo show to the Rent . interrupt the continuity of a fine presen­ a date as practicable, the subcommittee Administrator or, upon appeal, to the tation such as the Senator is making. also recommended, and fought for its court, that the area increases in oper­ Mr. CAIN. We should like to have a adoption, that new voluntary leases for a ating co~ts were not applicable to the very thorough examination into the wis­ term expiring not before December 31, housing accommodations occupied by dom of accepting the recommendation 1949, could be entered into prior to De­ him. In th;:tt event, the increase in max­ which the committee has made for what cember 31, 1948, providing for any rental imum rent would not apply tq his ac­ appear to be valid reasons. agreed upo.n between ·the landlord and commodations. Mr. President, the sub­ Mr. MILLIKIN. And that will come tenant. The committee saw fit to place committee possessed no ulterior motive along later on. a ceiling on the rental which could be in offering this formula for considera­ Mr. CAIN. Yes. prescribed by such leases. Section 203 tion, although that has been intimated Mr. MILLIKIN. I thank the Senator. (b) of the bill, therefore, requires that in some quarters. I thought the sug­ . Mr. CAIN. Mr. President, as pre­ such rental may not be in excess of 15 gestion was sound in principle and I con­ viously mentioned, section 204 Cb) of the percentum over the :r-1aximum rent which tinue to think so. 1947 act also contained a voluntary-lease in the absence of a lease would prevail on The subcommittee was of the opinion provisiOn. This fact in and of itself the date of enactment of the bill. that no landlord should be required to made it exceedingly difficult for the com­ In general, therefore, it is a fair state­ subsidize his tenant merely because the mittee to arrive at a proposal for addi­ ment to say that the bill continues the operating costs to which the landlord was tional legislation which would, in its voluntary lease provision of the existing subjected, not being under Federal con­ opinion, be equitable to the greatest act. Nevertheless, there is this funda­ trol, had increased appreciably since the number of people. The administration mental difference. Under the bill the date fixed as a measure of the rent he requested that all housing accommoda­ accommodations subject to new volun­ was entitled to receive. The subcommit­ tions subject to voluntary leases, en­ tary leases are decontrolled immediately tee expressly rejected the idea of an tered into under the 1947 act, be recon­ upon execution of such leases. They are, across-the-board increase in maximum trolled. This did not appear to the com­ however, subject to recontrol insofar as rents in favor of the theory that in­ mittee to be a proper solution of the the maximum rent is concerned in the creases should be granted only where problem. The 1947 act had emphasized event the lease terminates before its ex­ objective facts showed them to be re­ in its policy declaration that early de­ piration date. As a further safeguard to quired. It was believed that this formula control, where practicable, constituted the rights of tenants presently occupying constituted a means of attaining the ob­ one of the main purposes of the legisla­ accommodations which may become sub­ jective facts without allowing them to tion. It did not seem proper to the com­ ject to such leases, the same section of be distorted by the use of ·.emotional ap­ mittee to bring back under control all the bill provides that before such prem­ peals. However, the Committee on housing accommodations which, in the ises are decontrolled the landlord must Banking and Currency, in its wisdom, case of approximately 1,660,000 housing file with the rent administrator a state­ saw fit to reject the use of the proposed accommodations, had been decontrolled ment signed by the tenant before he exe­ formula. The subcommittee accepts the in accordance with procedure prescribed cutes the lease to the effect that he is decision of the committee. However, it by the 1947 act. Although many general entering into the lease voluntarily and is only fair to invite attention to the fact statements were made by witnesses in good faith and understands that he is that this decision places a greater ad­ throughout the hearings that decontrol not required to enter into such a lease ministrative burden upon the local of accommodations had been the sub­ and cannot be compelled to vacate the boards in their efforts to adjust hard­ ject of exorbitant increases in rents, upon accommodations for failure to do so. ship cases adequately and properly. further examination the general state­ This provision should be effective to still Mr. MILLIKIN. Mr. President, will . ment did not seem to be supported in the fears of such tenants who may· not the Senator yield? any large number of cases. happen to be familiar with the provjsions The PRESIDING OFFICER CMr. lvEs The subcommittee was anxious to re­ of the legislation affecting their housing in the chair) . Does the Senator from turn the freedom of contract to landlords ac·commodations. In the opinion of the Washington yield to the Senator from and tenants. It, therefore, vigorously subcommittee, these and similar protec­ Colorado? opposed recontrolling in their entirety tions for the tenant amply justify the Mr. CAIN. I yield. the accommodations under voluntary decision of the subcommittee to allow the Mr. MILLIKIN. I have a telegram leases entered into under the 1947 act. from a constituent which states: In order, however, to strengthen the pro­ landlord and tenant to enter into a long­ visions of the act against possible abuse term voluntary lease having the effect of A newspaper story declares that proposed releasing the accommodations from the rent-control extension bill, Senate Banking by the exceedingly small number of land­ Committee, contemplates reestablishment of lords who would engage in such prac­ restrictions of Federal rent control. It criminal prosecutions. If so, I solemnly pro­ tices, the subcommittee recommended was expected that if such a provision test against this return to the worst excesses that such accommodations be recon­ should be enacted into law, the tenant of bureaucratic bullyism of the OPA. Threat trolled in the event the lease should would keep a closer check upon the of criminal prosecut ion was used as a prac­ amount of rent agreed upon in any lease tical matter to enforce compliance, not with be terminated prior to its expiration the law, but with the caprice of the Federal date, insofar as the maximum rent to executed by him. It would restore the agency ~ It is a historic f act that m any prop­ be charged for such accommodations was landlord and tenant to a position of free erty owners were defeated in their legal rights concerned. The plan presented by the bargaining in which the tenant would be in the OPA period by threat of prosecution subcommittee would have allowed such placed in a better position to demand ad­ if they asserted them. Others were put in accommodations to remain decontrolled ditional facilities in return for the jail by certain Federal courts for acts which amount of rental agreed upon in the the Federal Ejmergency Court of Appeals held in the event the landlord and tenant in owners had a perfect right to do. Many good faith could agree upon a lease ex­ lease. Dissatisfaction was expressed property owners who might understand an piring not earlier than December 31, over the 15 percent rental ceiling allowed extension of the present act as a matte·r of 1949. In a further attempt to afford in the lease on the ground that that fig ­ temporary exigency would view with grave equity to those who had signed volun- ure tended to deprive the landlord. and / 1460 CONGRESSIQNAL RECORD-SENATE FEBRUARY 20 tenant of this opportunity for free bar­ weighted in favor of the landlord and an action for treble damages. The com­ gaining and tended to become the normal .others making with equal fervor the mittee looked with disfavor on· granting - amount of increase requested by the charge that they were stacked in favor additional powers to the Office of the Ex­ landlord upon his offer to the tenant of of tenants. While both charges may pediter. Its first task is to learn to use an opportunity to sign a lease. have been correct as related to specific · properly what it has. By the provisions of section 204 (c) boards it was the Intent of Congress Section 206 of the 1947 act makes un- . of the 1947 act, the Housing Expediter is that they be fairly representative of all lawful only an overcharge of rent and directed to remove maximum rents in affected interests in the area. The bill empowers the Housing Expediter to pe­ areas where, in his judgment, they are expressly so provides in section 203 of the bill provides, that no helpful, however, if the Congress could April 30, ~949. tenant need surrender possession until GO agree on a mandatory decontrol formula Section 205 of the 1947 act grants ten­ days after written notice from the land­ which would take the exercise of judg­ ants the right to bring treble damage lord of his desire to recover possession ment from the Expediter. actions against landlords · for over­ for one of the allotted causes of eviction. Section 204 (d) of the 1947 act author­ charges of rent. The bill does nothing Testimony received during the hearings izes the Housing Expediter to issue reg­ to r,epeal this ~ection. The administra­ developed the fact that under several ulations and ~rders to carry out the pro­ tion had requested that the Rent Ad­ existing State laws the legal period re­ visions-of sections 202 ut having a connection rented. Presumably, there is in Akron a complished only at the expense of with the bill as we consider it, that it is shortage of rental units. The problem others. It has forced millions-and I very important for America to think now is to find out where they are going and use the word "millions" advisedly:--to in terms of rental housing based on the why. buy or build homes at prices far higher new postwar, peacetime pattern, that In Atlanta, Ga., 67 percent of that than would have been the case had rent emergency treatments merely prolong city's dwellings were rented in 1940. In control not been in effect. The cost of the seeming emergency. Certainly in 1947 the figure was 50 percent. That is such purchased homes must be included many instances, in which there has been not a mild decline; it is 17 percent in in the cost of America's housing and great resistance to wartime controls, less than 8 years. America's living. there has been a beneficial result. In In Dallas, Tex., 'the figure was 61 per­ In many instances rent control has some instances the reverse is true. But cent in 1940, with a drop of 21 percent, or been most costly to the tenant it has if we can make facts out of assump­ 40 percent in 8 years. presumed to protect. That cost is the tions-and I think we can-it gives us a In San Antonio, in the same State, the cost of services and comforts he can­ better point of view with reference to this figure dropped from 58 percent to 38 not get-of deterioration of the unit in legislation. percent. which he lives-the cost in the lack of The Congress has been told a thousand Do not these comparisons begin to constant· improvements and higher liv­ times that a stringent housing emer­ arouse the curiosity of the Senate as to ing standards which newer and finer gency still exists. what is happening to the rental business buildings might have provided if they Admittedly, many of us do not have in America under rent control? Do could have been built. The most im­ the kinds of housing we would like to they not indicate, anyway, why the rent­ portant effects of rent control have been have·. Admittedly, most of us are dis­ er is in an increasingly desperate plight to encourage inefficient use of existing satisfied with our present run-down and in every area in America, under rent con­ rental space, to drive hundreds of thou­ depreciated living quarters. Admit­ trol? Our large metropolitan cities are sands of rental units out of the rental tedly many of us cannot locate the newer facing an unhappy situation· with refer­ market, and to prevent greater produc­ or better rental-housing units we seek. ence to rental facilities to be used in the tion of more rental housing. Tenants Admittedly we are frozen in our present future. They are all losing ground, and have been denied newer and better hous­ quarters, whether they are satisfactory renters will be worse off 5 years from ing standards. or not. But the census figures are very now under rent control, accorqing to the I think, time permitting, I could prove interesting. They show, by our own pre­ record, than they are today. I only wish that every one of those particular com­ war standards of 1940-and these are I knew, in concert with all of the Mem­ ments is based on facts which should the figures of the Bureau of the Census; bers of the Senate, where the solution be considered in weighing the merits of they are not mine-that America has actually lies. the proposed housing and rent bill of more housing per person now than ever In Philadelphia, in the State of Penn­ 1948, which admittedly, and in the firm before in the history of this or any other sylvania, there were 432,680 rented belief of the committee, is a much better nation. From that point of View there homes. in 1940. What was the situation bill than its predecessor, the Rent and is no actual shortage of housing. But in 1947? There were 380,046. There Housing Act of 1947. there is something which we have not were more than 50,000 fewer rented More and more tenants are realizing always had before. There is a desperate homes after rent controls in one of our that their rent dollars do not buy the shortage of housing for rent. One rea­ great American cities than there were 8 same services and comforts that they son is that rentals have been held below years ago. Small wonder that a com­ bo~ht before rent control. More and their natural levels, and countless per­ mittee, charged with a serious study, is more tenants realize that it is only out sons have occupied more space than not enthusiastic regarding recommend· of the property owner's rental income they were able to afford before the war. ing any rent-control law for the future, that he can provide those missing serv­ That is why between 1940 and l946 regardless of what its provisions may be, ices and standards. More and more almost 3,000,000 living units became oc­ because there is not a provision in this tenants realize that if they had been cupied by onlY. one or two persons in­ bill, nor could we have one, that would allowed to pay a more equitable rent stead of by larger families. This trend do very much to offset the losses from in the last few years while their own in­ appears to be continuing. The housing which American rental property appears comes were rising, their rented homes is still there, but no man who has studied to be suffering. would have been more satisfactorily the problem will admit or agree that the In Pittsburgh there were 305,520 rent­ maintained and modernized, thereby re­ housing which is available is being ed homes in 1940. The number has fallen ducing to some extent the pressure for properly, economically, or reasonably off to 272,210 in 1947, a loss of a little new housing. used. more than 30,000 in 8 years. The tenant is not always concerned I know it is most difficult to realize that In Chicago there were 863,020 rented primarily with the · amount of rent he our present-day widely accepted short­ homes in 1940. In 1947 Chicago had pays, but with what he gets for his ages are not shortages of housing space, 818,125. All the cities mentioned had in­ money, just as in any other line of human but are shortages of un'its available for creases in population, but they had fewer endeavor. One of the unfortunate re­ rent. homes for rent. Is it any wonder that sults of rent control is that the amount I should like to call the Senate's atten­ newcomers have a difficult time finding of rent he pays has been fixed for him tion to another comparison of housing rental housing? The housing is still and placed first in importance, to the reports of the Bureau of the Census. In there, the houses have not been totn detriment of his right of occupancy, his every one of the 34 metropolitan districts down, but they are not for rent. Th.ese 1948 CONGRESSIONAL RECORD-· SENATE 1463 figures help. a little to tell the story of standards that the American way of liv­ stay-at-home families who moved in rent control and what it is doing. Aside ing was established and the rental hous­ while veterans were in service. It has from the damage it has done to the pr-op­ ing industry was made possible. Today frozen out the returning servicemen. erty owners of the United States, the fig­ it seems .clear, whatever the reasons may Truly, the returning veteran and his ures begin to show the harm it is doing be-and our committee does not claim family have been the greatest victims ·of to the renters of America. · to be an authority concerning all the rea­ rent control. It could not have been . The housing situat!on is called des­ sons-that housing desires and housing anticipated. No one wanted it to hap­ perate in the New York area. It is des­ requirements are all out of balance. The pen as it did. But let us not say it is perate. Let us look at what makes it pl.cture is so distorted that it is impossible not so. desperate. Residents are more depend­ for the investor to measure the amount · We believe the best way in which a ent on rental housing there than in any of housing desired or required and · at veteran can be helped to find a home to other area in the Nation. In 1940, 76 what rental levels. It is only on a free rent is to provide a reasonable selection p.ercent of the homes in the metropolitan market-when that market comes, either of rental vacancies-in all rent ranges district were rented. In 1947, after 5 this year or the next, or some time in and in all communities . . Those vacan­ years of rent control, the percentage had the future-that we can learn how many cies can be provided only by the redis­ dropped to 67. In the Scranton-Wilkes­ rentai units actually are needed to house tribution of existing housing space not Barre area there has been a population our rental population in the way it wishes efficiently used, or by new rental con­ decline of 15 percent, but there still is a to be housed. struction. Re~t control has acted as a desperate shortage of rental vacancies. . Mr. President, like many other Sena­ barrier to either course. Redistribution Why? In 1940, 57 percent of its homes tors, I have had opportunity to live and of existing space can most quickly and were rented. In 1947, 49 percent. Is it travel abroad, which accounts for my most fairly be accomplished by the im­ riot clear that rent control has driven conviction concerning the statement I mediate termination of rent control. enormous numbers of. rental units out of am about to make. New construction will be tremendously the rental market? What possible rea- Every nation in Europe affords us an speeded as soon as the rental market is . son is there for rent control in an area object lesson in the deterioration and clarified so that the owner of new con­ where there has been a 15-percent loss in stagnatioh of the building industry which struction will have to compete with ex­ population-and where the result has inevitably follows in the wake of rent isting structures. b'een to create a critical shortage of rent­ control. This is history, this is fact. This Mr. President, I conclude by saying al vacancies where there was none be­ is not rumor or fancy. In spite of the ' that in representing the Banking and fore? Is that an emergency defense­ desperate need and · the war damage, Currency Committee in presenting this rental area which demands emergency there is little home construction, because fascinating and difficult and confused Federal attention? the only ones who are able to provide it subject of rent control, the junior Sena­ If rent control is not the contributing have ·no incentive to do so. To a con­ tor from Washington has spoken at great cause of the decline which gives all of - siderable degree we are today following length, and he has taxed the patience of us so_much concern, what is the cause? t1J.at European pattern in the United Senators who have come and gone, but We have never heard any Senator state States of America. in my opinion there is a very sound what the cause was. Many persons are Before World War II we saw countless reason for a full presentation of the studying the housing problem in all its examples of those who preferred home subject. I think it is extremely im­ phases and aspects. The Joint Housing · construction to other investments which portant for the Senate and for the Committee, authorized by both Houses of were bidding for their money. Today, Congress and the administration to Congress, has not been able to tell us why ·with rents alone controlled, we cannot base its decision with reference to what thousands and thousands-in fact, mil­ measure the relative demand for hous­ it wants to do in the future about lions-of houses went into .the rental ing that way, because tenants are not rent controls on facts to the greatest de­ market in 1940, but are not there today, allowed to express their desires. gree possible. Everyone has said, "We save that we have rent control today and It so happens, Mr. President, that the want to continue rent control." The ·did not have it in 1940. Senator now addressing the Senate hap­ committee was given that as a direction Those sharp declines do not show that pens to be a veteran. I am concerned and as a charge. There were five Sen­ fewer persons want to rent, or that rental about the housing problem as it affects ators on the subcommittee, four of whom units are going begg{ng for lack of ten­ veterans. · I think we have done a very worked very hard on this matter. Un­ ants. They show simply that as much bad job. Whoever the persons were who fortunately there were only four, for as one-third o~ the dwellings which were thought up the idea that a veteran was the fifth was in the hospital. I refer on the rental market -in 1940 were not on something different from what he actu­ to the Senator from Idaho [Mr. TAYLORl. the rental market in 1947. Can any fac­ ally was, that somehow, at the average That subcommittee did a serious and tor, other than rent control, be named age of 21 or less, he was possessed of conscientious bit of work and research which could have driven so many homes sufficient money to buy himself a new out of which there came an improvement out of the rental market in so short a house, and however well-intentioned over the law of 1947. The full commit­ time? the~ were, they did to veterans every­ tee, after concerning itself very seriously If rent control is not the reason for where the greatest injustice I have ever and thoroughly with the proposals, elim­ the decline, what is the answer? One yet encountered. inated some of the recommendations of cannot pick up a newspaper or listen The veteran was and is a young man the subcommittee, did not add anything to the radio for a short time without who is looking for a place to live. He wore to the bill, as I recall, and it was then hearing someone who assumes to be an the uniform because he volunteered, or reported to the Senate as a better instru­ authority telling that we in America are his country called him, and he wanted ment than the Rent and Housing Act in a terrible housing plight. Last year to serve his country. In whatever way of 1947. we built approximately a million new he got into the war, he wants a place in It has, however, been my function to units; but we almost lost ground, pos­ which to live, a place to rent. On the challenge the thinking of all of us gener­ sibly we did lose ground. Only a small average, the veteran is not yet quali- ally beyond the scope of the legislation, percentage of the new houses con­ .fied to buy a home, and I would assume which can only be admitt~d to be an structed last year, in the very large build­ that tens of thousands of those who have expedient, pure and simple. Any rent­ ing boom, were for rent. It is probably bought homes as a result of the national control act we pass will violate the rights fair to say that more houses went off. the policy of a new house for everybody of certain groups of people in our econ­ rental market last year than came on are going to have their mortgages fore­ omy. History tells us that such controls through new construction. There sim­ closed, and will wake up a few years from have been detrimental to every nation ply will not be any places to rent in this now, at a time when they should have in the world that has ever tried them. country 10 years from now if the pres­ a reasonable stake in a home, and have The statistics I have just read to the ent trend, which, it has been established to start all over again. I am making Senate indicate that if we pass a law for clearly, existed over a period since 1940, this statement because of the point I 1948, on its expiration date, when we continues. am about to read in my prepared re­ gather again, there will be fewer rental Everyone recognizes a tenant's desire marks. vacancies in America than there are now, for more · spacious living quarters. It · One of the cruelest inequities of rent and there are approximately 30 percent was out of such desires for better living ~ontrol has been the freezing in of the less today thaz:... _there were in 194_0. 1464 CONGRESSIONAL RECORD-SENATE FEBRUARY 20 It is for those very clear reasons that Assume the Rent Administrator makes a their books and accountants. There is I have suggested, in representing the decision, and the landlord, or the person no problem in that connection. One can committee, and after having worked on who feels he is suffering a loss, is not tell almost immediately whether an oper­ the subject, that if we want a law, we adequately compensated, what appeal ation is losing or making money. How­ should endeavor to decide on the best will he hnve; if ariy, from the Rent Ad­ ev~r. we are concerned with the bulk of law we can write. Let us not work ministrator's decision? the owners of rental property in Amer­ hastily. Let us move with caution and Mr. CAIN. The answer to the Sena­ ica; and that is why we want such a for­ thought, because one of these days Con­ tor's question is that at the present time, mula. Let me say to the Senator from gress is going to say that history, among as the law is written, if a property owner Massachusetts that I am convinced that other things, tells us that the way to end makes a presentation that he is losing the committee will get it, because I am rent controls is to end them. I cannot money, and the Rent Expediter refuses to thoroughly satisfied that the Acting be convinced that that day is here, but believe the figures for any of a number Housing Expediter wants to do a good job. I take it that if more people will talk of reasons, there would not be anything Mr. SALTONSTALL. Let me ask the about the facts and deal less with the the landlord-could do. A formula was Senator another ·question. I read the emo_tions, we are likely to come out with proposed to the committee which would bill yesterday afternoon and tried to a better decision for the benefit of the have permitted the landlord, or the ten- · understand all its provisions. As I un­ co~ntry than we have made in the years ant, as the case might be, to go to a court. derstand-and I should like to be cor­ which·have recently gone by. an·d the committee saw fit, · for various · rected if I am in error-a tenant and a Mr. SALTONSTALL. Mr. President, reasons, to eliminate it from the provi­ landlord niay voluntarily agree to a new will the Senator yield for a question? sion. I would have to confer with our lease increasing the amount of rental 15 Mr. CAIN. I yield. counsel as to whether or not we .could percent, if it has not already been done Mr. SALTONSTALL. May I first con­ incorporate a provision that if the re­ in a voluntary lease, and such lease may gratulate the Senator from Washington quest for relief against a loss was denied, run until December 31, 1949, or there­ upon the very able presentation he has the applicant would have the right of after. It is then provided in the bill made. recourse to some court. . that if the lease is canceled prior to that I should like to ask him a question Mr. SALTONSTALL. In other words, time, the effect of this provision is elimi­ with relati9n to the proviso in the first the Senator agrees with me then that nated and the rent goes back to the for­ paragraph on page 6 of the bill-the at the present time there is no provision mer maximum rent. As I understand, paragraph which permits the Rent Ad­ for appeal in the bill? the proposed act is to expire on April 30, ministrator, by regulation or order, . to Mr. CAIN. No; there is not. Perhaps 1949. Assume' that the cancellation took make special adjustments to prevent a we overlooked in part the Senator's con­ place on June 30, 1949. How could there person from suffering a loss. As I read tention. But if we did, it was for the .rea-· be any compulsion to go back to the for­ the provision, there is no specification as son that when the Congress writes into a mer maximum rent, after the act had to what items enter into the computation law that no man shall be expected to op­ ceased to have effect? of the loss. erate at a loss, perhaps we are doing Mr. CAIN. There could not possibly My second question is, If the Rent what we should not do, which is to take be, because upon the termination of the Administrator does not make adjust­ for granted that that language could not act-and the proposed law is to termi­ ments in favor of the person suffering possibly be misunderstood by anyone. nate on April 30, 1949-if we take it for a loss, what appeal has such a person? Is the Senator from Massachusetts granted that the law expires April 30, Is provision for appeal contained in the aware, as many persons are not, that 1949, all rules and regulations cease to bill? . since the very first day of rent control in .exist. The Office of Housing Expediter America thousands of ordinary Ameri­ Mr. CAIN. I wish at the moment I is automatically closed. cans have been required to operate their Mr. SA'LTONSTALL. Then what is could give a more satisfactory answer facilities at a loss? Whenever a man than I can to the Senator from Massa­ the meaning of this provision? went, as a hardship case, to the office of Mr. CAIN. Will the Senator refer me chusetts. The answer must of necessity the Expediter · and said, "I am losing be something like this: The full commit­ to the specific provision which he has in money and I need some help," the Expe­ mind? tee agreed that they were not going to diter did what he thought it was then his ask American citizens in the future to Mr. SALTONSTALL. I. was referring function and responsibility to do. He to the provision at the bottom of page 7 rent their facilities at a loss, and they said, "Let us see the figures. The figures were going to write such a provision into and the top of page 8 of the bill. I show you are losing money." The Expe­ understood the Senator to say that all the law. That is what the committee diter said, "This is all I can do for you. has done. Yesterday the full Banking the provisions in question would expire Our base year is 1939. We will permit on April 30, 1949, because the act would and Currency Committee had a meeting you to take the best 2 years of opera~ with the Acting Housing Expediter, and then expire. tional experience you have had in the Mr. CAIN. Yes. he said that he, representing his whole years since 1939 and we will raise your establishment officially, was thoroughly rents up to whatever your operating fig­ Mr. SALTONSTALL. My question is in sympathy with the principle we are . ure was in your best 2 years." But in this: Is it not misleading to have a provi­ laying down that' a presentation of facts thousands of instances there were not sion which states conditions which must which supported the .andlord's conten­ any good years. In depressed areas rents go into a lease which runs after April 30, tion that he was losing money must result were frozen in 1939, as Senators will re­ 1949? in the granting of relief. In order, how­ member, at figures which simply were Mr. CAIN. I think not, for the simple ever, to try to be more certain that the not economic. So all the Housing Expe­ reason that when a lease is signed, it be­ intent of Congress would be translated diter could do in cases of that character comes a legal instrument in itself. It is into administrative effectiveness, the Ex­ between the years 1940 and 1947 was to binding on tenant and landlord after pediter at the present time is working out say, "You shall lose no more money than the expiration of the rent-control law a formula which he is going to present you were losing in your best 2 years," which authorized it. to the Banking and Currency Committee even though in his best 2 years the owner Mr. SALTONSTALL. Then the oper­ to the end that we will have an oppor­ was losing money. The intent and pur­ ation would be entirely by contract? tunity to say, "In our opinion, that is pose of the phrase to which the Senator Mr. CAIN. Yes. impracticable; it is unreasonable; it will refers is to make such a situation impos­ Mr. SALTONST ALL. Assume that not work. Will you not try to do it in sible in the future. on June 30, 1949, the two parties who this other way?" Mr. SALTONSTALL. In other words, have made a voluntary lease increasing The only satisfaction I can give to the . the committee hopes to get from the Rent the rent by 15 percent cancel their lease. Senator from Massachusetts is that that Administrator a set of regulations under Then, under the provisions of the bill, formula will be agreed to by the Banking which a man who thinks he is losing as I read it,. there is a compulsion on the and Currency Committee before the law money may obtain relief. . landlord as to what he may charge for has had an opportunity to come into Mr. CAIN. That is correct. We are the property after the lease is 1broken. operation. principally concerned not with the large Mr. CAIN. After June 1949. Mr. SALTONSTALL. 'Vill the Senator operators but with the small ones. The Mr. SALTONSTALL. That is the answer the second part of my question? large operators of real property have date which I am assuming. 1948 CONGRESSIONAL RECORD_-SENATE_ 1465 Mr. CAIN. I should like to speak with tor were substantially correct. I think to threaten. our citizens with criminal our attorneys about that question, beM that is why it was done. prosecutions. cause I am satisfied that the situation Mr. MILLIKIN. Regardless of the· Mr. CAIN. In this particular instance is not as the Senator has described it. wisdom of the final decision of the At­ the Senator from Colorado obviously re­ Under the proposed law we are merely torney General as to whether there fers to the Office of Housing Expediter· extending the principle and operation should be a prosecution, we found by ex­ and his agents throughout the country, of the law of 1947 with reference to the perience during the days of the OPA that Mr. MILLIKIN. Yes; to his agents lease privilege. We are saying that if the threat of prosecution was sufficient throughout the country. under the new law a tenant and a landM to cause good-people to yield to the threat Mr. CAIN. And I take it that the Sen­ lord sign a lease before December 31, and do things which should not have ator's experience is that a particular 1948, to terminate after December 31, been required; I am not so much wor­ agent-let us say an agent at Denver, 1949, such lease shall be taken away ried about the Attorney General's deci­ Colo.-might say to a citizen, "Let me tell from the control of the Office of Housing sion, but I am worried about leaving a you that I have reason to think you are Expediter and the landlord and tenant' power of this kind in the hands of sub­ considering breaking the law or have may agree to a rent increase not in ex­ ordinate officials who may use it-and it broken the law, and we are going to fine cess of 15 percent of the rental during has been so used-to oppress the citizen. you a thousand dollars.'' Is that what the base year. But if, after the expira­ I wonder if those in charge of the bill the Senator from Colorado is thinking · tion date of the law, the tenant and the might not be willing to reconsider that about? · landlord cancel the lease, the property provision and possibly be satisfied with Mr. MILLIKIN. Yes. Under OPA, is-and in my opinion properly should . civil remedies, rather than to equip every that sort of thing was done repeatedly. be-placed on a free market. If the biil one who works in this field with a power I~m not speaking of any particular agent is different from that, that was not our to oppress inconsistent with our system in the section of the country to which intention. I should like to have the of government. the Senator has referred. privilege of studying the provision. Mr. CAIN. Certainly that is the very Mr. CAIN. Oh, no; of course the Sen­ Mr. SALTONSTALL. I may read the last thing to which we want to be a party. ator is not. provision incorrectly, but It seems to me Mr. MILLIKIN. Yes. Mr. MILLIKIN. But I know that sort that the rental goes back to the former Mr. CAIN. But I wonder whether the of thing occurred repeatedly during the maximum rate. fact that it must be a willful violation reign of the OPA, and it was one of the Mr. CAIN. We are satisfied that it changes the Senator's attitude toward most offensive features of that reign. does not. I should like to have the opM this provision of the bill. I respectfully suggest that we should portunity of obtaining some further inM Mr. MILLIKIN. It does not change be very careful not to reinstate some­ formation so that. I may speak authori­ my attitude, because I want the willful thing of that kind at this time. tatively. violator to stiffer for his action. But Mr. CAIN. Despite the fact that the Mr. MILLIKIN. Mr. President, will while convicting for willful violation, full committee is not now in the Cham­ the Senator yield? there are opportunities for subordinate ber, I know I can speak·for the committee Mr. CAIN. I yield officials to hold out the thz:eat of a prose­ in this instance: The committee wished Mr. MILLIKIN. Would it now be con­ cution in hundreds of cases which will to provide for a reasonable amount of venient for the Senator to discuss the never come to the Attorney General and protection under the law. We tlo not be­ criminal penalty which has been pro­ where the element of willful violation is lieve in having anyone break a law which posed? I remind the distinguished Sen­ absent. -Nevertheless, in such cases the is on the statute books, but of course we ator that a constituent of mine protests citizen may yield to the threat because he want to provide against a resumption of the imposition of criminal penalties; does not wish to be put in disgrace. I _certain of the practices to which the pointing out-I think quite properly and know from personal experience that Senator from Colorado has referred. accurately-that the criminal penalty honest people in my own State have sub­ Certainly it was our opinion that in this was used as a bludgeon and as an instru­ mitted to that sort of thing rather than respect we would be using the easier of ment of oppression in many cases dur­ to have their names dragged through the the two proposed ways, and that in pro­ ing the reign of OP A. An honest. man newspapers as being criminals or as be­ viding that it be done through the At­ may submit to a dishonest claim in order ing charged with having committed a torney General, we would keep the Office to avoid the disgrace of criminal pro­ criminal act. I think it would be most of Housing Expediter from having itself cedure. Why would not a. civil penalty, unfortunate to go back to anything of to sue anyone for treble damages at any together with injunctive relief, suffice that kind in this field where we are deal­ time, for reasons which might be either for the purposes of the proposed act? ing with an extraordinary and debatable manufactured or real. Mr. CAIN. Let me say to the Sen­ remedy. Mr. MILLIKIN. Mr. President, I make ator from Colorado that I am delighted Mr. CAIN. I wish to be as clear as I this suggestion most respectfully: Let that he has brought up this subject, be­ can in saying that the Senator and I us assume that when such matters go cause very frankly, I am not certain are in agreement on the positions we to the Attorney General, just decisions about the wisdom of including such a are taking. If I understand this pro­ will be made by him. But the argument provisio-n. I believe that the reasoning vision of the proposed law-and I am is fallacious, I submit, because it does of the committee was something like somewhat hesitant about it because I not take account of the coercive pres­ this: The Housing Expediter asked for am not a lawyer-it is to be left entirely sures which can be brought to bear prior the authority to sue for treble damages to the Attorney General to determine to the time such matters reach the At­ when a tenant saw fit, for one reason or whether the presentations made to him torney General. another, not to do so. We were strongly by the Office of Housing Expediter are Mr. CAIN. Would the approach I am opposed to giving such power and au­ legitimate. As I understand the situa-. about to suggest satisfy the Senator from thority into the hands of a Housing Ex­ tion-and I may be wrong-neither the Colorado? As we understand the situ­ pediter, whoever he might be. In the Housing Expediter nor any of his agents ation, in connection with this bill, no first place, we thought that the average would carry out any actions based on action is intended to be taken this after­ tenant was perfectly qualified and in­ their recommendation that someone was noon on any matters which happen to telligent enough to sue for treble dam­ violating the law, but the Housing Ex­ be in dispute. I should like to take up ages himself. But in order to provide pediter would send a memorandum on this matter again with the other mem­ for better ·enforcement and protection, the matter to the Attorney General. bers of our committee, and then we shall the committee leaning over backward, But I take it that the Senator from rediscuss it on the :floor of the Senate on reasoned-if I correctly understand the Colorado holds a contrary view. Monday or whenever the bill comes up reasoning of the committee-that it Mr. MILLIKIN. I repeat, Mr. Presi­ again for consideration. would permit or encourage the Attor­ dent, that I am not so much worried Mr. MILLIKIN. Let me urge that that ney General to · bring to trial any ·vio­ about the justice of the decisions of the be done. I have great respect for the lator of any portion of the law, upon the Attorney General, but I am worried about committee, and I hope the Senator from determination by the Attorney General what precedes those decisions, and I am Washington and his colleagues will not .that .the representations of facts laid worried about the power such an ar­ attach themselves to the renaissance of before him by the Housing Administra- rangement gives to subordinate officials a practice which was so foul and so much XCIV-. -93 1466 CONGRESSIONAL RECORD-SENATE FEBRUARY 20 to be condemned when it was operating States, at that time, renting for $20 a certainly do not take exception. As I under the OPA. month or less was-4,160,000. The number understand the legislative responsibility, Mr. CAIN. We shall be happy to take · of non-farm-dwelling units in the United if a particular Senator, together with his another look at it. States renting for from $20 to $40 a conferees, is charged with the activities Mr. SALTONSTALL. Mr. President, month was 9,240,000. Those figures indi­ of a subcommittee in developing legisla­ will the Senator yield to me? cate a range of rents in the United States tion on a controversial subject, it is not Mr. CAIN. I ·yield. with which most of us 011 the committee for him to say that because he does not Mr. SALTONSTALL. Let me ask werE! not previously familiar. believe in the legislation he will not be­ whether the Senator from Washington The median rent of all units was $29.33. come a party to it by serving with those and his committee · would consider in· The median rent of urban units was who ·must accept the responsibility. It the same spirit in which the Senator $31.64. The median rent of rural non­ is necessary for someone to assume re­ from Washington has just considered farm units was $18.62. sponsibility. Specifically, in the case of the suggestions of the Senator from · Mr. President, some other figures· from :r.ent control, a subcommittee consisting Colorado an amendment on page 8, in the Bureau of the Census deserve our of three Senators from this side of the lines 5 and 6, whereby the words 'inamed consideration. For· instance, in 1940 aisle and ·two from the. other side, took in. the lease," at the end of line 5 and there were 6,763,881 single-family dwell­ the 1947 law and tried to amend it so as at the beginning of line 6, would be ing units in the United States. Of two.: . to present an improved 1948 bill. The stricken cut. and instead the words "of unit dwellings there were 3,529,581; of subcommittee is absolutely convinced this act" would be inserted, so that the three-unit accommodations, 1,094,000; that it has succeeded in that attempt, language then would read, "before the of four-unit accommodations, 741,46i. but I feel that, as chairman-of the sub­ expiration date of this act." One- to four-unit dwellings with com­ committee, I have a responsibility to the I believe such a change would not alter mercial facilities on the ground floor country as well as to that particular sub­ the meaning of the section in any way, numbered 632,549, which is to say that­ committee. Therefore I have presented but would clarify the point I tried to the total of units, including one to four the bill as best I could and I have stated bring out. Perhaps it is a technical units, represented 78.1 percent of the my belief that it is better than the 1947 point, but at the same time perhaps the rental industry of the country in 1940, law. I think I should be most derelict present wording would confuse a person whi.ch I think is a way of suggesting that in my duty if I did not express any doubts not familiar with the law. we are primarily concerned in this prob­ that I had any reason whatever to believe Mr. CAIN. Mr. President, with the lem, if on one aspect of the problem should be expressed. permission of the Senator from Massa­ greater emphasis must be placed than Mr. MOORE. I certainly am not in­ chusetts, I should like to reexamine that on another as affecting the small-busi­ tending to criticize ·the conclusion of the sentence, in light of the Senator's con­ ness man. He is the man for whom a Senator from Washington in recom- tention, so as to see whether both of us reasonable solution of the problem is mending the bill. - can be certain that the purpose of the sought. Mr. CAIN. · I appreciate that. provision will be carried out and also will Mr; MOORE. Mr. President, will the Mr. ·MOORE. · As I - said before, I be set forth in language which can be Senator yield?. listened very carefully to all the facts and adequately ·understood by everyone. . I Mr. CAIN. I yield. testimony presented by the Senator. I suggest that we bring up that point also Mr. MOORE. I wish to congratulate was.especially struck with the statements at our next session. the Senator from Washington on his of the· Acting Housing Expediter, which Mr. SALTONSTALL. I thank the presentation 'Uf facts, to which I have were in the nature of admissions of mal­ Senator. listened with very great interest. Tll,e administration. I have, of course, seen Mr. CAIN. I thank the Senator from only thing about which I am puzzled is many instances of maladministration on Massachusetts for calling it to my atten­ how the Senator can arrive at the con­ the part of bureaus; in fact, I have never tion. clusion that there should be rent control seen much of anything except maladmin­ Mr. President, in the absence of other at all. The Senator has, in my opinion, istration. I have seen very few bureaus questions at the moment, I wish the REc­ presented a very convincing reason for which were ever concerned about the in­ ORD to show some rather interesting fig­ ending it now. tent of Congress, once the authority had ures which I obtained because of the Mr. CAIN. I suggested earlier in my been given to them. hearings. If I were sitting as a private remarks that, after I shall have finished The Senator called the Acting Housing citizen considering the subject of rents, my presentation of the bill on behalf of Expediter before the committee, and the I would soon be convinced that the land­ the Banking and Currency Committee, Expediter has admitted many instances lords in the United States were one of which it is my responsibility to do, there of maldaministration. He has also ap­ the biggest types of big business. We do is an excellent case to be made for end­ parently shown a complete indifference to not need to argue for the moment that ing rent controls · ~oday. What I shall the intent of Congress. He has been they are sometimes portrayed as being never be able to forget is that du'ring the · chastised, and the committee has ob­ vicious, and so forth; but certainly under time rent controls have been in effect tained his promise that he will do better the circumstances I have stated, most we have been losing ground every year if given further 'opportunity. I should persons would soon be convinced that with reference . to the availability of like to ask the Senator from Washington landlords were big business, involving rental units. We have done it for 8 how much confidence he has in that "big money." I did not know, and I do years, though such a thing' had never promise. · not think the other members of the com­ happened before. · The assumption is Mr. CAIN. I want to say very seriously mittee knew, that in the over-all picture that despite the f~ct that there are vir­ that I have a great deal of confidence the situation may be considered to be tues in rent control, there are also great in what the Acting Housing Expediter . quite otherwise. Our research estab­ 4tices, and the time comes sooner or later has said not only to me but to every lished the fact that in the United States when the vice eats up.the virtue. It was other member of the committee, at least approximately eight. and one:-half mil­ in that sense, I may say to the Senator to all the members· who were-· present, lion property owners are in· the rental from Oklahoma, that I was expressing and to every member of the Senate sub­ business. Certainly that figure-eight my own deep personal conviction on the committee. I feel that I am justified in and one-half million-makes the rental basis of the facts as I see them. believing what he has said. It seemed business in the United States look like Mr. MOORE. I did not understand to me that our subcommittee was the first small business. So, Mr. President, I the Senator to say that he was present­ responsible body to say to a Housing have obtained some figures which I sug­ ing this matter for any other reason Expediter, "You did not know, and so gest that we examine. than to advocate the passage of the bill. we are not going to be too critical of The following figures are taken from The point I make is that the Senator's what has happened in the past, but you a United States Census Bureau survey facts as elicited by inquiry are certainly are now, and you have been, living in made in October 1947: The number of very revealing, and I am only stating that the past. You have been pursuing prac­ non-farm-dwelling units surveyed was from those facts I have reached the con­ tices which have been part and parcel of 1~.300,000. The number of that type clusion that there should be no rent Government routine for a long time. You in the United States in October 1947, . control. are doing what was the normal practice renting for $50 or more a month, was Mr. CAIN. That is a very interesting in recent years, taking an act o(Congress 1,900,000 . . The number in the United observation and one to which I inost and doing with it as you like:'· 'All that 1948 CONGRESSIONAL RECORD-SENATE 146'7

the subcommi~te-e said to the Housing ·reasonable return on his investment. very properly: as a peg on which to hang Expediter was, "This is 1948, we are mov­ There will be certain differences of opin­ the proposed law, it ~s stated that­ ing ahead, we are not moving backward, ion, obviously, between the landlords and Such Testrict ions .axe necessary in the in­ and we want you and every member of the Expediter, but we do not consider terest of national security and necessary to your staff to get on, board and comply the provision to be as restrictive as does the successful completion of th-e war. with the intent of Congress. We are not the Senator. Do I correctly understand from the going to do any more by way of ·criticiz­ Mr. HOLLAND. If the Senator will presentation of the Senator that he does ing you because of your dereliction." The permit me to make this brief remark, not believe tl:ere is any soundness to dereliction was a ·staggering thing, al­ it would be my humble opinion. from a thqse recitals which I have just read, and though the Expediter was merely follow­ careful study of the wording of the bill, that there is nothing to the recitals that ing a custom followed by too many in the that the result of the inclusion of·those it is necessary to the successful comple­ executive bureaus. I think he will do words would be to preclude the consid­ tion of the war and in the interest of his very best. Further than that, and eration .of any reasonable profit .or any national security that rent con trol be by way of paying him a compliment, al­ money return above that return which extended? though I have never mentioned his name will guarantee against suffering a loss, Mr. CAIN. I think there is no doubt in ·so doing, I am satisfied that if after and to confine adjustments to seeing that the Supreme Court has recently said conference with the Committee on Bank­ that a landlord does not suffer a loss. there is legal ground for ·continuing rent ing and Currency with"reference to the In other words, it would confine the controls. I certainly would not want to bill, when it is passed, if it shall be meaning of the removal of hardships or be misunderstood to be .taking exception passed, if he says, "Yes, I understand it, the correcting of other inequities to other to a declaration by the Supreme Court. . and I ch.n administer it the way the Con­ than financial matters and other than I think that where I have unintent.ion­ gress wants it administered," I am satis­ those having to do-with the adequacy of ally misled the Senator was in giving my fied that, if he later finds he cannot ad­ return. own personal conviction, wbich was not minister it in that way, he will resign. I do not beHeve it was the intention a lega] approach to the problem, that · Mr. MOORE . .I hope the Senator will of the committee or of the able chair-= much of what we refer to as being a war not be disillusioned in his confidence in man to put himself or the committee, condition is not so any longer. That is the Housing Expediter. much less to suggest that the Senate or my opinion. It h.as nothing to do in it­ Mr. CAIN. One must take a chance, the Congress be so placed, into the po­ self with the Supreme Court's decision. and I think my. belief is fully justified. sition in which I am sure they would I do not happen to know, may I suggest Mr. HOLLAND. Mr. President, will be placed by the passage of the bill with to my very warm friend, the Senator the Senator yield for a question? its present wording, of frowning irrev­ from Florida, wnether be was present at Mr. CAIN. I yield. ocably upon the continuance of any the time I said my responsibility was to Mr. HOLLAND. I wish to join other profit motive in the field of controlled work for the passage of the very best pos­ Senators in expressing appreciation of renting through the operation of the sib1e biH if we are to have a ren.t .law. I the courtesy exhibited by the distin­ law. maintain that position. I shall work guished junior Senator from Washington Mr. CAIN. l may respond by saying very hard to that end. ·But I feel im­ during his very thorough argument on I am very grateful that the Senator has pelled to cast some reftecti.on, doubt, and the pending measure. I wish to advert, brought that possibility to our attention. uncertainty on the wisdom of the whole if I may, to that poz:tion of the bill ap­ We shall certainly reconcile the com­ subject of ·rent control in America. p·earing in lines 8 to 14, ·page 6, which mittee's thinking with the Senator's feel­ Mr. HOLLAND. I honor the Senator, was referred to by the distinguished ing before we ask for any action, because I appreciate his frankness, and I hope be \ senior Senator from Massachusetts [Mr. the last thing we want to do is to pre­ will read the RECORD wit h t his in mind, SALTONSTALL] in his question awhile ago. clude a reasonable return on a man's in­ that everything he has said has become I desire to ask the Senator if, in his vestment in .the fielG of housing or in a part of the legislative record in the opinion, it is not true that the placing any other field. consideration of this bill, and I fear that in that particular part of the bill of the Mr. HOLLAND. I am glad that the as the official sponsor of the biB he has words "making such adjustments in such chairman of tbe committee has that probably very suocessfully removed' in maximum rents as may be necessary to feeling. I am not suri:Jrised, because I the last hour of his ver y able address, prevent any person from suffering a loss did not think that he intended such an ' the very slender foundat ions upon which in the operation of any controlled hous- interpretation of the wording. the bill might be legally predicated. I . ing accommodations" would mean that hope he will check his remarks with that the sole ground for adjustment of rents Will the Senator yield for another question? in view, because I know, after reading because of the financial question would the court's decision, of no other basis be only that, and that the effect of in­ M.r. CAIN. Certainly. cluding that provision would be simply Mr. HOLLAND. It seems to me that upon Nhich . it can be predicated as the to put the committee and the Congress the distinguished Senat or made a very legal extension of a war-control measure on record, if the bill shall be passed, of fine case for the committee bill in the except upon the continued existence of forever doing away with any profit mo­ first 2 hours of his presentation. It was war conditions and the neoessity for the tive in connection with th.e operation of a very able presentation. 'Then be pro­ law in the successful ·completion of the rental property, at least through the pe­ ceeded meticulously to demolish that war, as recited most ably by the Senator riod of· the operation of the extension case in the last hour of his presentation. and his colleagues in the portion of the bill which I have quoted. In· other law? I thought be did as good a job in demol­ :Mr. CAIN . . My only answer at the mo­ ishing it as he had done in erecting it in words, I fear that the Senator, in · his ment is that certainly that is J}Ot and the first 2 hours of his presentation. I desire to express frankly to his cot­ was not our intention in framing this think it is the Senator's privilege to speak leagues his own personal opinions, h as provision. The subcommittee worked at his own views on the .subject, but I am completel y d emolished the only founda ­ som_e length with the Acting Housing wondering if it had occurred to the dis­ tion upon which the bill might have been Expediter in an effort to work out a for­ tinguished Senator that in the light of imposed. I simply wish respect fully to mula which would guarantee a fair re­ the recent decision of the United States can that matter to his a ttention. turn on investment, just as in the case Supreme Court several days ago the only Mr. CAIN. I am grateful that the of construction under Federal auspices ground, as I read the decision, upon Senator has raised the q·uestion. I shaH a return of 61fz percent on investment which the extension of rent controls can make it very plain that there was cer­ was permitted. We were not in any be legally justified is the continuance of tainly no intention on the part of the agreement on a formula of that char­ wartime conditions, whereas, as I under­ junior Senator from Washington, in 'acter. This was our compromlse. With stood the distinguished Senator in the speaking about the bill. to cast any pos­ fJill knowledge of what the committee last hour of his address, he made the sible doubt as to its future constitu­ had in mind, the Expediter has given statement not once but several times that Uonality. We took particulJ.ar steps, I evidence of his willingness not only to there was no continuance of wartime m~y suggest t-p the junior Senator from see that a man shall not lose money on conditions and that the war was over. Florida, to improve its constitutional his investment, but to permit him, in thereby negativing the recitals on page position. So far as I am concerned, if I ~he absence of a formula, to receive a 2, lines 21 and 22, of the bill, in which, understand the Senator's contention, by 1468 CONGRESSIONAL RECORD-S.ENATE FEBRUARY 20 no means am I looking for any remote As a result of the war, because Bremer­ was not certain whether l percent was way in which to cast doubt on the bill ton was a naval repair base, the popula­ the proper figure. What the committee in a legal sense, and whatever is neces- tion rose to between 80,000 and 90 ,000. actually did, after a good deal of discus­ sary to make that clear in the RECORD, Rent controls were imposed in 1941 or sion-every member of the committee either this afternoon or on a following 1942 ·and are still in force. But in the agreeing with the principle-was to vote · day, the Senator may rest assured I shall past · 2 years 50,000 people have moved to have 2% percent substituted for the 1 present. out of Bremerton and gone elsewhere. percent vacancy rate. Mr. HOLLAND. I thank the Senator. The presentation was made before our I should like·to point out to the Sena­ Mr . .WATKINS. Mr. President, will committee by an ex-mayor of Bremer- tor from Utah that when I said a ! -per­ the Senator yield? ton, who is now a Member of the House cent vacancy rate leading to decontrol, Mr. CAIN. I yield to the Senator from of Representatives, and who came before I meant 1 percent of ordinary habitable Utah. our committee and said, "Why should we houses, which excludes from considera­ Mr. WATKINS. I should like to ask continue rent control?" On a basis of tion trailer camps, boarding houses, and the Senator a question in connection logic and reason, we said, ''Let us ask the rooming houses. So it is not 1 percent with the one just propounded by the Housing Expediter." We asked him if of the actual total vacancies; it is nearer Senator from Florida. As I understand he would not look into the matter. He 4 or 5 percent. · - the remarks the Senator made with ref- replied that of course he would. I But to answer the question, that for­ · erence to the war having ended, and raised the question with him yesterday mula was rejecte'd by the committee, there being no justification, as a matter when the Committee on Banking and and the entire discretion with reference of fact for continuance of rent control, Currency was talking about the bill with to decontrol lies in the local board, on was that his own conclusion, or the con- the Acting Housing Expediter. He said, · the one hand, and the Housing Expediter, elusion of the committee as well, with "A survey is being made, and we hope to on ·the other. respect to the facts? be able very soon to answer your ques- Mr. WATKINS, That is where it has Mr. CAIN. With reference to the lat- tion." That was one instance. been all the time. ter part of my remarks, from .the time I Let us turn now to the city of Chicago, Mr. CAIN. Yes; and I tried to point concluded explaining and justifying and which presented a very intereSting case, out, as plainly as I could in the presen­ defining the bill, what I said belongs par- which was discussed by an engineer al- . tation this afternoon, why the power ticularly and solely to me, and I thought most with a slide rule. As I recall, his which has previously been there has not I made that rather clear. story went something lil~e this: in 1940 properly been used. · Mr. WATKINS. Did the committee there were 40,000 vacant units of rental Mr. WATKINS. What is the guaranty receive evidence which would justify the housing in Chicago. Unlike most Amer­ that it will be so in the future? conclusion the Senator stated-that the ican large cities, Chicago did not either Mr. CAIN. There simply is no guar­ situation no longer exists which called benefit or suffer during the war from an anty. for the-- Rent COntrol Act in the begin- enlarged population. The record indi­ Mr. WATKINS. Did the committee ning? · cates that there are about 23,000 more consider writing into the bill sufficient Mr. CAIN. I could not am:wer that white people in Chicago today than there instructions in such a way that they question, for the simple re::>son that the were in 1940. There were· in the neigh­ could not be ignored? subcommittee, and then the full commit- borhood of 73 ,000 more housing units Mr. CAIN. The committee went as tee, voted for a bill. But I could draw built in that period__;73,000 more housing far as it thought it could go in that con­ from the evidence submitted, as an indi- units constructed, 23,000 additional pea­ nection in a bill which is going to rely vidual, a defense, from my point of view, ple; 40,000 vacancies in 1940, and in 1948 upon the effectiveness of local control for every comment I made this after- a desperate housing shortage. Again on boards throughout the country, and on noon in the latter part of my presen- the basis of the facts, there is much more a national housing expediter, with a tation. housing in Chicago than there was 8 staff of presumably qualified and com­ Mr. WATKINS. Would the Senator years ago, when there was no housing petent· men situated in approximately consider that the preponderance of the shortage, and there are relatively fewer 600 different locations throughout Amer­ evidence at least justified the position people, yet there is a housing shortage ica. The Acting Housing Expediter has he took when he stated the fact to be now, and there was not in 1940. admitted in a score of different ways that that conditions were not -such as to - Mr. WATKINS. How does the bill at­ he and his staff have not been adequately justify rent control? tempt to remedy such a situation? What conscious of the ·fact that the Congress Mr. CAIN. If the decision were to are the effective measures? said plainly in the law of 1947, "Every lie-and perhaps it does-between con- Mr. CAIN. The effective measure is time there is an opportunity to decontrol tinuing rent controls in approximately the approach the bill makes. For exam­ anything, decontrol it." The housing the form provided in the last bill, in 1947, ple, the Housing Expediter can decontrol problem of the country will never be and prior to that ·· time, and abolishing on his own decisipn a defense-rental area, solved without decontrol. What has rent controls, and if the Senator is or a portior.. of that area, or any class of happened? Many areas in the country speaking to me now as an individual housing within the area or within a par- have actually been decontrolled in the . Senator, I say the conditions in this tion of the area, and so far as local rent last couple of years by the Office of the country as I see them justify giving control boards in any area in America Housing Expediter, but that is more im­ serious consideration to eliminating rent are concerned, the bill provides that they pressive on paper than it is in fact. controls, because I think primarily the make the same recommendations. When we take a look at the decontrolled record shows that rent controls per se The subcommittee had proposed a areas, it will be found that, in fact, they have added to an artificial shortage of formula to the full committee, which cover only about 300,000 people: Under housing space any way one looks at it, merelJ provided that when there was a the present law today, there are 14,000,- and no one has yet talked his way around vacancy of 1 percent of ordinary habita­ 000 controlled housing units in America. that. ble houses for rent and for sale, there It simply does not ·stand· to reason that Mr. WATKINS. Was testimony pre- would appear to be no housing shortage. throughout the country there is a con­ sented to show that in certain sections The only justification the committee or tinuing need for rent control. The law of the United States where rent controls the Congress has ever had for rent con­ merely charges the Expediter and the were in force there was not a shortage trol is that there was a housing shortage. . local boards with doing a much better of houses? The suggestion was made that the job of research than they have done Mr. CAIN. Oh, yes. Bureau of the Census should make a cen- heretofore. Mr. WATKINS. And that there was sus of housing, because evidently the Let me refer to the matter of ·expres- no justification for further rent control? Housing Expediter had not done so-he . sions of opinion. A national agent, Mr. CAIN. I remember one example had no figures to present to us-and known as the Housing Expediter, was in the hearings, perhaps 3 weel~s ago, or when there was not a shortage in an willing to take opinions, over the signa­ approximately that time. I have forgot- area surveyed by the Census, automati­ tures of the chairmen of local rent-con­ ten the exact figures, but in a general cally decontrol should take place. trol boards something to this effect: "We way they showed this situation: · A city The committee thought it not wise to think that rent controls are justified known as Bremerton, Wash., had a popu- accept the formula recommended by the in towns X, Y, and Z for the present lation in 1940 of from 12,000 to 15,000. subcommittee, because the committee and for as far into the future as we can 1948 CONGRESSIONAL .RECORD-SENATE 1469 see." The Housing Expediter has taken Mr. CAIN. -There are two provisions area, to be appointed by the Ren t Adminis- . such statements of opinion as fact. He in the bill which would cover the dilemma trator, from recommendations made by the has filed them. Then he has come be­ suggested by the Senator. respective governors: Provided, That in any case where the governor has made no recom­ fore our committee as a competent wit­ Mr. WATKINS. I should be glad to mendations for original appointments to ness and said, ''Look, 358 American com­ have the Senator point them out to me. local boards or appointments to fill vacancies, munities want to continue rent control." Mr. CAIN. The first is that the Hous­ within 30 days after request therefor (sub­ I asked him, ''In what manner do you ing Expediter shall notify the governor sequent to the date of enactment of the figure that to be so?" He replied, "I have of the need that he either appoint new Housing and Rent Act of 1948), from the here expressions of opinion to that ef­ members or reappoint old members. as Rent Administrator, the Rent AdminiStrator fect." The members of the committee the case may be, and if there has been may, without such recommendations, appoint naturally asked, "What are· the expres­ no response from the governor within 30 the original members of such boards or such sions of opinion?" We have not received days, the Housing Expediter is given au­ members as may be required to fill vacancies. an answer as-yet to the question. In most thority, under the bill, which he did not We used the word ~·may" instead of instances those expressions of opinion have under the 1947 law, himself directly "must." were not worth the paper on which they to appoint the boards. Mr. WATKINS. That is permissive were written. Mr. WATKINS. So, as I understand, only. Why should it not be mandatory? Mr. WATKINS. May I make one fur­ the Expediter can himself in such a case, Why should not the provision be that the ther inquiry? Did the committee go appoint members of the board? · Expediter must appoint, if the governor into the matter of the formation of local Mr. CAIN. Yes. has not done his duty? boards, as to whether or not the gover­ Mr. WATKINR But if the Expediter Mr. CAIN. There was a very good nors of the various States were cooperat­ is not in sympathy with granting relief reason for our not having. done so, be­ ing in naming such boards, so that the in hardship cases, what will happen to cause of our assumption that there would landlords who had bardship cases to tho~e who are suffering hardship? How be no repetition of a case in which a present could obtain some relief, or at are they going to obtain any relief? As­ governor did not cooperate. least be given a hearing? sume the governor will not appoint a Mr. WATKINS. I have already called Mr. CAIN. On the basis of the evi­ board, and then the matter is left, by the the Senator's attention to a case in which dence we received, both from within the provisions of the bill, to the Expediter. the governor did not cooperate until omce of the Housing Expediter and from Mr. CAIN. If we have in this country within the last· few weeks. If that has outside sources we were able to conclude such a situation as the Senator has happened once, it can happen again. that. roughly 80 percent of the boards spoken of, where a responsible local of­ Mr. CAIN. Speaking only for the now operating in America are qualified ficial, namel:t, the governor of a State, members of the committee, I would say and prepared to do a constructive and and responsible Federal omcials, name­ we would not be iii opposition to such an competent job.' There is only one State ly, the Housing Expediter and his staff, amendment. in the Union· in which, for reasons not are not willing to cooperate among them­ Mr. WATKINS. I should like to make known to us presently, no nominations selves and with the people in granting an observation in connection with the were made by the governor of the State. justice and fair play, we had better get questions asked by th6 Senator from The charge was made in some instances rid.of the theory of the law which we are Florida [Mr. HoLLAND] of the Senator that a board was too largely representa­ now advancing and which the Congress from Washington, and the assurance by tive of landlord interest, and that· other adopted last year. On the basis of the the Senator from Washington that the boards were too heavily weighted with Senator's assumption I would not know Expediter and his staff are going to obey tenant representatives. But by and large of any way to turn if the people of the the law from now on. The committee is the boards, if encouraged and stimulated country will not cooperate in the doing relying, as.I understand, on their present from the national level, will, in the opin­ of a job which needs to be done. If we assurance that they will obey the law ion of the committee, do an excellent job, have a bad governor and a bad Federal now that its provisions have been called and a much better one in the future Government, we have no government to their attention. I did not understand than they have been able to do in the left anyway. from what the Senator said that they did face of uncertainty in the past. Mr. WATKINS. Would it not be wise not know what the law was before. The Mr. WATKINS. I may observe that to provide in the bill that action shall Senator did not mean that, did he? in the State of Utah, and particularly in be made mandatory upon the governor Mr. CAIN . . What I meant was simply one of the larger counties, only in re­ or upon the Federal Housing Expediter, this: After the law of 1947 was passed the cent weeks has the Governor appointed rather than permissive? · Housing Expediter and his staff under­ a board, as required by the act. The Mr. CAIN. The Senator may be cor­ stood the law all right from their point landlords there have been wholly unable rect in that. But to what extent could of view. By regulation and administra­ to obtain any relief whatsoever, al­ Congress in an act make it mandatory tive edict they said, "This is what the law though the rentals which were fixed upon a governor to do a certain thing? of 194.7 means." It was months later be­ there were fi'xed on a depression level. I Mr. WATKINS. Not on the ~overnor, fore those ef us in the Banking and Cur­ refer to the town of Provo, Utah, adja­ but Congress can make it mandatory rency Committee charged with this work cent to the large Geneva steel plant de­ t~'1at the Expediter do a certain thing. I discovered that the Housing Expediter's velopment in that area. have not examined the measure closely interpretations were far different from Mr. CAIN. I do· not think there is any enough to know exactly what it provides. what we conceived to be the intent of doubt that there are similar instances. It may be the bill contains a mandatory Congress. The Senator has given one instance. It provision. If it does not, I think a man­ Our best offset to that argument is that is a pity that no board has· been estab­ datory provision should be placed in it. the Banking and Currency Comrp.ittee lished in that area. An injustice has I point- out that I think it should be wants to try an experiment. I, for one, been done to the landlords, and the law mandatory that the governor give the think it is an excellent trend to establish. itself has been violated. home owners and those who rent dwell­ We do not yet know what the final law Mr. WATKINS. I am not making ings representation on such a board. will have in it; but the Committee on these observations simply to make talk Mr. CAIN. We have given as much Banking and Currency of the Senate, or conversation. I ask the Senator from encouragement to make representative · through some of its 'representatives, will Washington ii the committee has put any appointments as we can from the Fed­ sit down with the Housing Expediter and teeth in the bill to require governors or eral level. On page 9, beginning in line his staff, with a reporter, and they will others to provide boards? 24, the following language appears: go over the legislation line by line to de­ termine conclusively that the Housing Mr. CAIN. Yes. {e) (1) The Rent Administrator is author­ Expediter, who is to administer the law, Mr. WATKINS. Does the bill provide ized and directed to create in each defense­ rental area, or such portion thereof as he understands how the body which initi­ for making it mandatory that such _ ated the law wants it administered. That boards be appointed? may designate, a local advisory board, each such board to consist of not ·less than five is the only conceivable answer we have to ~r. CAIN. Yes. . members who are citizens of the area and the futility of the past, but we think the Mr. WATKINS. And also that land­ who, insofar as pr~cticable, as a group are plan will work. Certainly it is deserving lords be given some representation? representative of the affected interests in the of a trial.

'. - . 1470 CONGRESSIONAL RECORD-SENATE FEBRUARY 20 Mr. WATKINS. I cannot conceive of ber of ' available units, where. will we be amendments to make the new law more any greater pledge given by any of those 5 years from now? liberal than the present law. I expect men than their oath of office when they Mr. HOLLAND. Mr. President, will to vote for the bill, because it was my raised their right hands and swore to up­ the Senator yield? task .to bring it before the Senate and hold the laws of the United States, which Mr. CAIN. I yield. fight for it. But I think the questions I in this particular case, involving the 'Mr. HOLLAND. The Senator has been have raised about the effect of rent con­ Housing Expediter, is this very law. I do most courteous and candid, and I am trol on the construction of rental units not think we are getting any greater as­ · grateful to him. I do not wish to offend have not thus far been raised by others; surance out of him that he is going to do in any way. At the same time I con­ and I do not want to be a party to hav­ better in the future than he has done in fess that after the colloquy which the ing the Senate rapidly and casually pass the past. It seems to me that the legis­ Senator has had with the Senator from a rent-control law, without looking at it lation should contain such language that Utah, I am even more puzzled than I from all sides as thoroughly and as criti­ there could be no.doubt about its mean­ was before as to what is the conclusion cally as we can. ing, directing the Expediter and all other of the Senator, who is chairman of the I have already raised in the minds of representatives of the Federal Govern­ subcommittee, and who is handling the Senators questions in regard to where ment in such a way that they must com­ bill. If it does not offend, therefore, I we in America are headed in this re­ ply or be removed from office. should like to address this question to spect. If we pass.such a law, I want to We must bear in mind that there have the Senator: Is it the Senator's conclu­ consider where it will take us. It has been many hardship cases among land­ sion, based upon his own sound judg­ taken other countries in very unfortu­ lords who have maintained rental prop- · ment-and I have found his judgment to nate directions, with very bad results erties. They. have now lost a year be­ be sound-that the case made at the from which they have never recQvered. cause this man did not understand the hearings justifies the extension of rent I hav·e tried as best I could to study the law or did not want to enforce it. control, as embraced in this particular French experience, for instance. In I very much appreciate what the Sen­ bill? Or, to the contrary, does the Sen­ France, rent controls were established 33 years ago. At that time the declara­ ator has done today. · He has given a ator oppose this particular bill? tion was made by a responsible French wonderful explanation of the bill '1nd Mr. CAIN. I hope I can give the Sen­ Government official that they would re­ the background for it. He has told us ator an answer which is very ·clear. Ob­ move rent controls as soon as the supply what the committee was trying to ac­ viously, I happen to be in an awkward equaled the demand. However, today, 33 complish by the bill. After he had con­ and dual capacity. From the hearings, years later, they still do not have a suffi­ cluded I was almost convinced that·there a part of which I think every Senator has cient supply. That is because in France should be no rent controL I came here ·before him, the subcommittee decided the people, whatever their income may with a rather open mind. The remarks that because of a continuing doubt as to be, are buying a product-housing-at which have been made reinforce that whether the time had come to decontrol prices comparable to the prices 33 years conviction. That ~s the net effect of the flatly, it was willing to recommend a ago. Today the people of .the United bill so far as I see it. 1948 law which was, if I may use the States are buying housing at prices I should like to ask one further ques­ term, considerably more liberal in ap­ which, generally speaking, ar:e the equiva­ tion of the Senator. What is the justifi­ proach than the bill which was finally lent of twice the prices in 1941. Why cation for excluding hotels, motor courts, reported by the full committee. should not people buy twice the housing rooming houses, and similar types of The members of the subcommittee for what they used to ~e able to afford, rental properties, and retaining under were not trying to be obstructionists. inasmuch as they are buying at so greatly control homes'and apartments which are Among the membership of the subcom­ inflated prices? rented by literally hundreds of. thousands mittee there were men with varying · Mr. President, if we are going to pass of citizens in modest circumstances who views concerning this subject. The sub­ such a bill and if the Congress likes the depend upon their rentals for a living? committee was willing to recommend theory of the 1947 act, then I suggest, What is the justification for excluding such a law because responsible Members without fear of successful contradiction, other types of rental property from rent of the Congress and the President of the that Senate bill 2182 is a better instru­ control, and retaining homes and apart­ United States had said-and they have ment in every way, shape, and form than ments under control? said repeatedly-"We must have contin­ was the Housing and Rent ·Act of 1947, Mr. CAIN. In the past the assump­ uing rent controls." and I also suggest · that we have found tion has been that there was no longer The subcommittee was charged with ways· and means of administering it more a shortage in the types of facilities to writing a rent-control bill. Its first ob­ effectively. We are satisfied that this which the Senator refers, and that for jective was to write a better law:_not measure will bring greater justice and that reason they should be decontrolled. technically, but a better law because of fair play to more people. However, there continues to be a short­ improved circumstances-than the law Then we come to the question, Do we age of housing rental units, which are of 1947. want any law on this subjeGt? We read becoming less numerous every year. The subcommittee presented its views in the newspapers that very responsible Since 1941, approximately 4,000,000 to the full committee, and did not com­ people almost everywhere say, "We must houses which were !"ormerly rented have plain over some of the deletions which have rent controls." But, Mr. President, been sold and taken off the market. were made from the bill, because those they do not say why. So I thought it Mr. WATKINS. Does the Senator things can be discussed in a free body timely to say, "Let us slow up a little mean that the shortage is actually feed­ such as this. The full committee was ·and take a look at the .facts of the case." ing the shortage, and creating a greater more certain about the need for contin­ I do not consider that action on my part ·shortage? uing control. to be an act of treason to the commit­ Mr. CAIN. All I ·can suggest is that ·Further in answer to the Senator's tee, for which I have the highest regard. the record be examined. There are 25 question, depending upon how one Mr. HOLLAND. Mr. President, I or 30 percent fewer ho:uses for rent in wishes to look at the question, it is pos­ tha.nk the Senator; and I shall not renew America today than there were in 1940. sible to cite chapter and verse from the my question. Mr. WATKINS. All we need to do is. hearings and build the finest possible case Mr. CAIN. Mr. President, it is my to continue this program for a few more for immediate decontrol of rents. From understanding- that we are not to take years, and at the rate we -are going we the same text, because of the variety of action today on the amendments. shall not have any. witnesses, one can build an excellent The PRESIDING OFFICER. The Mr. CAIN. The Congress and the ad­ case for the continuance of controls, not Chair so lHlderstands. ministration have said that they wanted -only for 14 months, as we have recom­ Mr. CAIN. For that reason, inasmuch to continue rerit control. We have be­ mended, but for 6, 7, or 10 years. as I have concluded the presentation I fore us for consideration a pretty good Further answering the Senator's ques­ wish to make, and inasmuch as I have rent-control law, in my opinion. How­ tion, I do not feel that I am being dis­ also responded to all questions which ever, we are confronted with some of the loyal to my committee. I am thoroughly Senators wished to. ask, I feel ·quite questions raised by the Senator, not on . conversant with the reasons why it rec­ ·. ready to yield the floor. the basis of rumor, but of fact. Where ommended this bill. I think the law The PRESIDING OFFICER. Does have these rental units gone? With such should be liberalized. If permitted to do the Senator yield the :floor? a great reduction in 8 years of the num- so, I shall endeavor to be sympathetic to Mr. CAIN. I do. .,..

1948 CONGRESSIONAL RECORD-- SENATE 1471 FOREST CONSERVATION AND be of tremendous benefit to our Nation. 449,000,000 boa.rd feet a year', while about . DEVELOPMENT There is much work ahead in that field. 891,000,000 board feet is being cut. Mr. KILGORE. Mr. President, in this The same is true in other fields, and the Here is the serious side of the timber period of high national income we are time has come to make a supreme effort situation in West Virginia: Trees of saw­ too inclined to think of the wealth of to fully utilize our natural resources for timber size are being cut almost twice as the Nation in terms of dollars. Too fre­ the benefit· of all our people . . fast as they are being grown, and much quently we overlook the fact that the Mr. President, the real wealth of this of the new growth each year is in small real wealth of this country is in its re­ country is in its resources. .trees and the less valuable kinds of trees, sources. Too frequently we think of the I wish to invite the attention of my · while · the heaviest inroads are being dollar as the basis of our national w·ealth, colleagues to the urgent need to expand made in the choicest s~ w-timber trees. rather than as the basic unit of our rate our work in the field of forestry-one of Sustained crops of valuable trees can­ of exchange. We-should clearly recog­ our basic resources. If we build up our not be provided with that kind of system. nize that the dollar will be of little value forest resources and see to it that they All of these things plainly indicate that if we waste our real wealth-our natural are given good management, we shall it is time to sit up and take notice of what resources. create new wealth. If we neglect our is happening tq our forestry heritage, In his economic report to Congress forests, it will cost us far more in the We do not want to have to reduce our last month, President Truman stressed end . . yearly harvest of timber any more than the need for conserving our great natu­ We can make no sounder investment necessary. Thus, the obvious thing to ral wealth. He said: than to pay heed to the warnings of our to· do is to increase the growth. Forest Service. The facts are clear: We Development of natural resources in land, West Virginia can grow fine timber. water power, minerals, and forests requires are still taking from our forests more Foresters tell me that a great deal of that w~ make up as soon as possible for the. saw timber than is being replaced by our forest land could, with good man­ lapses in many of these efforts during the .growth. We are not providing adequate agement, grow two or three times as pressures of war and postwar reconversion. means for developing our forest and much timber as it is producing now. Wise conservation and development efforts range watersheds. The watershed situ­ I am describing these things in West ·are now all the more needed because in many ation is apparently getting worse each respects these resources were subjected,. to Virginia not only because it is m~ home year, along with the decline of our tim­ State, and these things are therefore of excessive drains to supply wartime produc­ ber, This means not only a decreased tion. particular concern to me, but because the timber supply, at a time when lumber forest situation in West Virginia is more The Secretary of the Interior has wise­ and paper and pulp are in increased de­ or less representative of many other ly pointed out on many occasions that we mand, but also decreased livestock pro­ States. .What I am saying about my do not have an unlimited reservoir of duction, at a time when the need is State applies in considerable degree to two of the most valuable of the natural greatest. the country as a whole. resources-oil and gas. This is also true My own State of West Virginia pro­ in the case of our forests, another of our vides a typical case study of the forestry FOREST-FIRE CONTROL major resources. situation in our country today. Two­ There is, of course, a positive side to I wish to point out to my colleagues the .thirds of all West Virginia is forest land. the picture. All of West Virginia'::; forest urgent need to expand our forestry pro­ There are nearly 10,000,000 acres of lands are receiving organized protection gram. The same is true with respect to forest, as compared with less than 4,000,- Irom fire. West Virginia is classed as many other-of our natural resources. 000 acres of cropland in farms. That one of the more progressive States in the Fortunately, we have a tremendous re­ means, of course, that the forests are of field of forest-fire control. For .the fiscal serve of coal; but, as I shall point out at very great importance to West Virginia. year 1947, the State budgeted a total of a later date, we are only beginning to Lumbering was one of the earliest in­ $484,044 for the protection of State and realize the full value of this coal. Today dustries in our Btate, and it is still a big privately owned woodlands from fire. we have a fuel shortage in many sections industry. In recent years, West Vir­ The Federa}' Government, through ap­ of our Nation, even .though production is ginia has led all other States in produc­ propriations under the Clarke:-McNary at an all-time peak. This high rate of tion of hardwoods. Its forests support law, furnished $193,329 of this amount. production must of necessity further de­ more than 1,500 sawmills, several pulp This ·total budget was the largest ever plete our known reserves of oil and gas. and paper plants, and a great many other made ?Vailable for forest-fire control in The only immecliate answer to the woodworkiqg industries. The value Of West Virginia. present shortage is wise use · of existing the primary forest crop in 1946. was over From 1942 to 1946, the acreage of wood­ supplies. The long-range answer lies in $40,000,000; the value of. finished wood land burned in West Virginia was more the development of liquid and gaseous products ·and the labor returns from the than cut in half. But there was still a fuels from coal and oil shale. Much val­ forests were probably well over $200,- total of 115,000 acres burned 0ver in 1946. uable work has been done in this field in 000,000. This is due at least in part to the fact' · the past, but, unfortunately, it has been So it is quite evident that the future that the funds availa.ble to accomplish too limited in. nature because of inade­ welfare and ·prosperity of West Virginia the forest-fire protection job are spread quate congressional appropriations. are bound up in no small measure with pretty thin in many portions of the State. I think the Congress should applaud her forests. Certainly, our State can­ To get on top of this fire-protection the vigor with which the Department of not achieve its full measure of progress job, w.e need everybody's cooperation in the Interior is tackling this tremendously if it neglects to maintain the productive preventing fires caused by carelessness. impo:r:tant matter. This Department is values on two-thirds of all its land. We need strict State laws and adequate moving rapidly to expand the synthetic­ As I said a minute ago, two-thirds of law enforcement to stop forest fires that fuel development work. all West Virginia is forest land. What is are willfully or maliciously set. And we Mr. President, in· this connection I wish the condition of those forests today? need to intensify protection on all areas to say that I think all of us give too little The virgin timber is all but gone. by making available funds to provid£ ad­ credit to the technical experts of the Second-growth timber must be the pres­ ditional equipment and manpower. Government agencies. We fail to give ent and future supply. According to the Wholehearted cooperation from all our proper recognition to these valuable Gov­ reappraisal just recently completed by conservation-minded citizens plus · strict ernment scientists who have contributed the United States Forest Service, only 43 enforcement of fire laws will go a long so much toward the deyelopment of our percent of our forest land now has sec­ way toward reducing the present-day Nation. I am strongly in favor of con­ ond-growth of saw-timber size. heavy fire losses. gressional recognition for these scientists I cannot find much cause for pride in West Virginia has a great asset in the · and their solid contributions to our na­ the fact that although West Virginia has Mopongahela National Forest. We are tional welfare. They deserve our praise. something over 2 percent of all the forest justly proud <;>f the fact that this was It has be~n long overdue. land in the United States, it has only one of the earliest national forests es- Dr. W. C. Schroeder, Chief of the Syn­ about one-half of 1 percent of the re­ ·tablished under the Weeks law of 1911, thetic Fuels Division of the Bureaq. of maining saw timber. I regret to say which authorized Federal purchase of Mines, and his staff deserve high praise that our saw-timber trees are being re­ lands for public-forest purposes. Much for the. development and expansion of moved faster than they are growing. of the area purchased was badly de­ our synthetic-fuels program which will The growth rate is reckoned at about pleted by wasteful logg_ing and fire at- 1472 CONGRESSIONAL RECORD-SENATE FEBRUARY 20

· the time it was acquired. Under Gov­ GOOD FOREST MANAGEMENT State alone. It is Nation-wide in scope. ernment protection and management it The United States Forest Service is I want to see prompt ·action taken on . is coming back with fine timber growth, cooperating with the State of West Vir­ an adequate scale. and yielding steadily increasing crops of ginia in an excellent program to en­ FUTURE FORESTRY NEEDS timber. courage good forest management on Specifically·, we need, first of all, in­ The national forest has complete fire farm woodlands and other small private creased appropriations for coop~rative protection, and the timber is managed woodlands. This is the farm woodland forest-fire protection so that the Federal for sustained yields. management and marketing program Government will come nearer to carry­ WATERSHED, WILDLIFE PROTECTION authorized by the Norris-Doxey law. ing its fair share of the load in this pro­ The Monongahela National Forest pro­ There are now six Norris-Doxey farm gram. At present, 27 percent .of our tects part of the headwaters of the Po­ foresters in West Virginia, located at State and privately owned forest land is tomac River and of several streams Summersville, Harrisville, Elkins, Wes­ still without any form of organized pro­ draining into the Ohio, and watershed ton, New Martinsville, and Lewisburg. tection against fire. This means that protection was one of the primary pur­ Last year these six farm foresters ad­ 120,000,000 acres of forest land in our poses for its establishment. The wild­ vised and assisted 504 farmers in carry­ country cannot contribute their maxi­ life population of the forest has been ing out improved management practices mum in benefits so long as they are inad­ built up; the latest Forest Service/ game on 36,472 acres of woodland. These equately protected against fire. census showed a total of 14,000 whitetail farmers harvested over 65,000,000 board We need a great deal of expansion of deer. feet of woodland products, with a return the work of giving expert assistance to The area has some of the East's out­ of $277,399. The cost of tl}is program woodland owners, under the Norris­ standing scenic attractions, and the For­ was paid with $14,337 of State funds and Doxey farm-forestry program. We need est Service is developing its road system $11,801 of Federal funds. For every dol­ more funds for tree planting, to reforest and recreation facilities. To date, the lar of Federal Norris-Dox~y funds. spent wastelands . . We need to speed up the Forest Service has spent nearly $6,000,- to provide assistance in timber growing, good cutting practice, and proper sell­ development of our national forests. 000 for road and trail construction or Perhaps our foremost need is to sup­ betterment in the forest. I can· heartily ing, the woodland owner received $24. Each of the woodlands involved was im­ port a larger program of research, to find recommend a visit to the Monongahela better ways of handling forest lands, National Forest in the spring when the proved, and management plans were set up to produce continuous crops of trees both public and private, and to find bet­ laurel and flame azalea are in bloom· ter ways of using wood, with less waste. in the summer ·when its cool green hill~ for future harvest. In addition, · the local communities benefited through in­ There ne.eds to be fuller use made of low­ and clear streams offer pleasant relief grade material and wood waste, to make from the heat of the cities, or in the fall creased employment and income. But six farm foresters are not nearly natural and improved wood give better months when autumn paints the leaves service, to increase the use of unpopular with vivid colors. , enough to do the job needed. These 6 men are trying to cover 17 counties. In species, and to develop further the field Several counties share in the returns of chemical conversion. Further studies from sale of nation~! forest timber and all of West Virginia there are nearly 90,000 separate owners of forest land. are needed for laminating structural other forest receipts. The law provides tim~er, for making use of sawdust, for that 25 percent of all national-forest re­ It is estimated that to even begin to handle the job of expert assistance in utilizing hemicellulose byproducts. ceipts shall be turned over to the States Our present laboratory research has for distribution to the counties in which woodland management that should be done, at least 12 additional Norris-Doxey gone into such studies as the use of woods the forests are located, for road and for prefabricated housing, for structures school funds. Last year the counties re­ farm foresters are needed. It is most important that we put the using radiant heating, for lighter wood ceived a total of $27,765 from national­ crates. The difficulty is that although forest receipts. There are several thou- · forest lands of our State to .... work pro­ ducing at full capacity. But even such our Forest Service ·has obtained much sand acres of non-Government land knowledge of how to reduce wood waste within the designated bQundaries that . a great and enterprising State as West Virginia will not be able to supply all they need increased· means for applying eventually should be purchased to com­ this knowledge. plete the ~velopment , of the Mononga- the timber needs of the country. The forest conditions I have described in my Today, when housing needs· are so hela National ];<'orest. • great, when newsprint ::jupply is still In studying the forestry situation, we home State can be found in varying de­ gree throughout the United States. short, when the use of crates for ship~ must recognize that Federal and State ment is at an all-time high, we should forests represent only about 10 percent Nation-wide, ·we are cutting timber faster than we are growing it: We are be developing much more extensive use of the total forest area of West Virginia. of every source of wood and pulp. · ·· Ninety percent of the forest lands are in paying scarcity prices for products that private ownership. So the bulk· of our we could grow in abundance. We are Mr. Lyle Watts, Chief Forester, and his timber supply must be produced by pri­ carrying millio~s of acres pf stripped staff are doing excellent.work with a very vate owners. Most of our forest land is and denuded land largely as dead limited appropriation. Increased appro.:. in small ownerships, with tracts averag­ weight when it should be paying its way priations will enable our Forest Service ing 81 acres in size per owner. Nearly growing good timber. to render far greater service than pres­ ' 3,000,000 acres are owned by farmers Our States are interdependent in tim­ ent means allow. All the recommended with farm woodlands averaging 42 acres. ber supply. West Virginia's forests are improvements together would cost only A recent survey of timber-cutting largely hardwood forests; we must de­ a tiny fraction of 1 cent out of the pres­ practices showed that only 3 percent of pend on other regions for softwood con­ ent ·tax dollar. all timber cutting on private forest lands struction lumber. We need the white­ I am for governmental economy, along in West Virginia is good enough to leave paper products of the North, the pine with everybody else, but I do not favor the stands in condition for adequate lumber and the kraft papers of.the South, savin~ pennies and wasting dollars. future growth of the right kinds of tim­ and the high-quality timber of the West. In not very many years our great nat­ ber. On 17 percent of the private wood­ The Plains States need the products of ural resources will be gone unless we pro­ lands, cutting practices were classed as the forest States. vide better control over them. I hope fair-good enough only to maintain some The forests are important not only our foresight will enable us to keep our growing stock of commercial timber. for timber but for watershed protection. country ricn in its natural wealth for But on 80 percent, present cutting is poor If West Virginia's forests are poorly han­ many more generations. to destructive, leaving the land with lit­ dled, it can increase the danger of ftoods The heritage of a nation is rooted in tle or no means for quickly growing new in the Ohio valley. If they are well the soil. Our Nation cannot long endure crops of timber. Much of this land is handled it can reduce flood danger. as the richest and most powerful on left without any timber values whatever. There are watershed problems in many earth unless we make wise use of our soil Certainly, our future cutting practices parts of the country and they are not and its products. must certainly average much better than defined by State boundaries. Our forests are a line of defense in our this if the timber-growing stock is to be The Federal Government must carry national security program. When we . built up and kept up to maintain our a big share of the load in forest recon­ waste our forests, we are wasting one of State's forest industries. struction. The job is too big for the our most precious resources. 1948 CONGRESSIONAL RECORD-SENATE 1473' We can ill afford to continue the course States-! feel that I should make these ance compared to promise. This pro­ of waste and lack of proper management remarks today. The President's state­ posal, Republicans strongly and effec­ of major sectors of our forest land. In a ment that he cannot tolerate the purse tively opposed. I shall never forget the large measure our security hinges on the strings being placed in the Congress of' night the proposal came upon the floor preservation of our forest land. We are the United States, although the Consti-· of this great body. No Senator should today depleting our forests at a danger­ tution has placed them there, may be ever forget that night, because the pro­ ous rate. confusing to the public. But that is not posal went to the very fundamental, in­ Congress must act wisely now to imple­ the only remark, Mr. President, that alienable rights which are protected by ment the excellent program being carried leads me to the conclusion that I should the Constitution of the United States. out by the United States Forest Service speak today and compare promises with On another recent occasion the free­ if our Nation is to preserve for future performances. dom of the individual was seriously com­ generations our forests, truly one of our Much is said about liberalism, but I promised by the decision of the New greatest natural assets. ask the Senate the question, Are the per­ Deal-appointed Supreme Court that The least Congress can do to measure formances we have witnessed in keeping search without warrant is . valid. The up to this responsibility is to appropri­ with true democracy within the Presi­ Court held: ate the full amount requested by Presi­ dent's definition? Are they progressive There is nothing in the fourth amendment dent Truman in his budget for the next liberalism? On two occasions last year which inhibits the seizure by law-enforce­ fiscal year. the President usurped the congressional ment agents of Government property the PROGRESSIVE LIBERALISM-PROMISES power over the purse when he vetoed possession of which is a crime even though AND PERFORMANCES tax-reduction bills. His first tax-bill the officers are not aware that such property veto was on June 6, 1947. The second is on the premises when the search is ini­ Mr. FERGUSON. Mr. President, I tiated. That abuses sometimes occur is no was on July 18, 1947. That was only basis for giving sinister ·coloration to pro­ rise at this late hour to make a few re­ the second time in the history of the marks in relation to promises and per­ cedures which are basically reasonable. United States that a President had at­ (Official Reports of the Supreme Court, Pre­ formances. tempted to take unto himself the powers liminary Print, vol. 331, U. S. No. 1, p. 146.) Last night the President of the United of the purse strings. The late President - States made a speech. So that there Roosevelt vetoed a tax bill in 1944, but I ask, is this true democracy, within may be no confusion, i: think we should the bill was passed over his' veto. I shall the President's definition? Is it progres­ look at the record. always remember the remarks of the able sive liberalism? Such a holding practi­ I read from the New York Times a majority leader, now the minority leader, cally destroys the fundamental protec­ sentence from the President's speech: on that occasion. tion of the people from unreasonable search and seizure. Conditions are too. grave in the world at President Truman wishes to take unto this time to put a Congress in control of the A few months ago a proposed code of purse strings of this country- himself the power of appropriation, as well as the power of taxation. security regulations drawn up at the President's · request became public. It At that point there is a comma, but the The President expressed hi~ contempt next word; the article "a," is capital­ for government by the people a few was proposed that Government docu­ ized, indicating that that was the end months after he took office. At a press ments be classified into four categories­ of the thought. Then it continues: conference in January 1946,-shortly after top secret, secret, confidential, and re­ A Congress which does not and cares not the strike in the steel industry and the stricted. No document classified in one to understand what the facts are. resulting_ increase in the price of steel, of these categories would have been made public. The freedom of the press would Mr. President, so that we may com­ the President claimed that that was not inflation, that it was only a bulge in the have teen so circumscribed by this code pare promises with performances, I think that Government documents could not it is clearly indicated that the present price line, and that if the people would cooperate with the Oovernment there have been made public if they caused administration cannot tole:cate, or feels "serious administrative embarrassment that it cannot tolerate, Congress and would be no inflation. or difficulty." The implication was that government what some members of the administra­ Mr. President, is that true democracy, tion call the shackles of the Constitution. is the master, not the servant, of the people. within the President's definition? Is One great difficulty is that at times that progressive liberalism? That is liberality is confused with liberalism. A few months later the President ad­ comparing promises with performances. The fact is clear that · there is a belief mitted that his administration would The regulations were withdrawn only in some quarters that the Constitution have seized cattle from the ranges of farmers had not such a course been so after strong protest by newspapers, col­ (sa shackle upon the liberties ·of the peo­ umnists, and editors throughout this ple. I wish to read section 7 of article I difficult and impracticable. On October great land. · of the Constitution: 14, 1946, President Truman stated, ac­ cording to the New York Times of Octo­ Of course, since the New Dealers came All. bills for raising revenue shall originate_ into office the Executive has been granted in the House of Representatives; but the ber 15, 1946: We gave long and serious consideration (to. extensive powers, which many years ago Senate may propose or concur with amend­ were recognized to be fraught with dan­ ments as on other bills. the proposal that the Government go out onto the farms and ranges and seize the cat­ ger to individual liberty. President Section 8 of article· I provides as fol­ tle for slaughter). We decided against the Roosevelt st~ted in 1936: lows: use of this extreme wartime emergency power In 34 months we have built up new instru­ The Congress shall have power to lay and .of the Government. It would be wholly im­ ments of public power. In the hands of a collect taxes, duties, imposts, and excises, to practicable because the cattle are spread people's government this power is wholesome pay the debts- throughoJit all parts of the country. and proper. But in the hands of political puppets of an economic autocracy such power ! emphasize those words- Mr, President, is this true democracy would prove shackles for the liberties of the . to pay the debts and provide for the com­ within the President's definition? Is people, mon defense and general werfare of the this progressive liberalism? No; this is United States; but 'all duties, imposts, and performance compared to promise. President Truman has demonstrated excises shall be uniform throughout the President Truman further attacked that he does not want "a people's govern­ United States. the freedom of private citizens when he ment," if he stated what he was quoted Mr. President, those two sections are recommended that Congress grant him by the New York Times to ,have said in clear: First, that all revenue measures the power to draft strikers into the armed. his impromptu speech. It appears that shall originate in the House; second, that forces. On May 25, 1946, addressing a we get the real truth and the facts when all appropriations shall be made by the joint session of Congress, he said: the President speaks impromptu. Then Congress. - I request the Congress immediately to we hear what is actually feit and what is I am sure, Mr. President, that the authorize the President to draft into the actually thought. armed forces of the United States all workers In view of what I have drawn to the present Congress has labored hard to get who are on strike against their Government. the facts. Its Members are greatly in-. attention of the Senate, we may find that terested in the facts. But because .I am Is this true democracy, within the instead of having progressive liberalism, on the Appropriations Committee of this .President's definition? Is this progres­ we will have shackles on the liberties of great body-the Senate of the United sive liberalism? No; this is perform.. the people. 1474 CONGRESSIONAL RECOR:p-· SENATE FEBRUARY· 20 EXECUTIVE MESSAGES REFERRED death. of Hon. JOHN M. RoBsioN, late a Rep­ Col. Shiras Alexander Blair, A08497, Ai.r As in executive session, resentative froin the State of Kentucky. Force of the United States (lieutenant colo­ Resolved, That a committee of two Sena­ nel, U.S. Air Force). . The PRESIDING OFFICER (Mr. IVES tors be appointed by the Presiding Officer of X Col. David Charles George Schlenker, in the chair) laid before the Senate mes­ the Senate to join the committee appointed A08603, Air Force of the United States (lieu­ sages from the President of the United on the part of the House or Representatives tenant colonel,.U. S. Air Force). States submitting sundry nominations, to attend the funeral of the deceased Repre· Col. Desmond O'Keefe, A08621, Air Force of which were referred to the appropriate sentative. the United States (lieutenant colonel, U. S. committees. Reso lved , That the Secretary communicate Air Force) . .