1920. CONGRESSIONAL RECbR~SENATE. 3885_

SENATE. MESSAGE FROM THE HOUSE. A message from the House of Representatives, by D. K. Hemp-! FRIDAY, March 5, 19130. stead, its enrolling clerk, announced that the House had passed 1 (Legislatit:e day of Wed,nesday, March 3, 1920.) a bill (H. R. 12610) making appropriations for the legislative;i executive, and judicial expenses of the Government for the fiscal l The Senate met in open executive session at 12 o'clock noon, year ending June 30, 1921, and for other purposes, in which lt' on the expiration of the recess. requested the concurrence of the Senate. Mr. CURTIS. 1\1r. President, I suggest the absence of a quorum. TREATY OF PEACE WITH GERMANY. The PRESIDENT pro tempore. The Secret.:'tr'Y will call the rolL The Senate, as in Committee of the Whole and in open execu- , The roll was called, and the following Senators answered to tive session, resumed the consideration of the treaty of peace their names: with Germany. Beckham G1ass Knox Sheppard Borah Gronna Lenroot Smith, Ga. Mr. KNOX. Mr. President, I send to the desk a reservation ; Brandegee Hale Lodge Smith, Md. which I propose to offer to the resolution of ratification of the 1 Calder Harris McCormick Smith, S.C. treaty with Germany. I ask that it may be printed and lie on Capper Henderson McLean Smoot Chamberlain Hitchcock McNary Spencer the table. Colt Johnson, S.Dak. New Sterling The PRESIDENT pro tempore. It will be so ordered. Culberson Jones, N.Mex. Norris Sutherland Mr. LODGE. I should like to have it read. Cummins Jones, Wasb. Nugent Townsend Curtis K-ellogg Overman Trammell The PRESIPENT pro tempore. The Secretary will read the Dillingham Kendrick Phipps Wadsworth proposed reservation. Edge Kenyon Pittman Watson The reading clerk read as follows: Fran<'e Keyes Poind~!A'ter Williams Feelinghuysen King Ransdell The credlt of the United States shall not be pledged by or through Gay KirlJy Reed any action of any representative of the United States or by any of the organs of government of the League of Nations without the prior af- Mr. KING. The Senator from Virginia [1\fr. SwANSON] is de­ firmativ-e authority of Congress. . tained by illness in his family, and the Senator from Massa­ chusetts [Mr. "\V ALSH] is absent on account of the death of a The PRESIDENT pro tempore. The question is upon reserva­ member of his family. tion No. 8, re-ported from the Committee on Foreign Relations. j 1 The Senator from California [Mr. PHELAN], the Senator from Mr. LODGE. To that I offer no modification, and I ask that Rhode Island [Mr. GERRY], the Senator from Montana [Mr. we may have a vote upon it. WALsH], the Senator from Tennessee [1\Ir. SH.IELDs], and the Mr. KING. Let it be read. Senator from North Carolina [Mr. SIMMONS] are absent on The PRESIDENT pro tempore. The reservation will be read. official business. The Assistant Secretary read as follows : I wish to announce the absence of the Senator from Alabama 8. The United States understands that the reparation commission wffi [Mr. regulate or interfeTe with exports from the United States to Germany, [1\Ir. UNDERWOOD], the Senator from Minnesota NELSON], or from Germany to the Untted States, only when the United States by the Senator from Ohio [Mr. PoMERENE], the Senator from Dela­ act or joint resolution of Con.,o-ress approves such .regulation or inter­ ware [Mr. BALL], the Senator from Maine [Mr. FERNALD], the ference. Senator from Tennessee [Mr. McKELLAR], the Senator from Mr. REED. I do not desire to interfere with the Senator Mississippi [1\fr. HARRISON], the Senator from Arizona [Mr. from Massachusetts if he has the floor. · AsHURST], and the Senator from South Carolina [1\-lr. DIAL] in Mr. LODGE. I have the floor only to ask for a vote; that attendance at the funeral of the late Senator BANKHEAD. is all. The PRESIDENT pro tempore. Fifty-eight Senators have Mr. REED. Mr. President, I desire to make a correction. answ_ered to their names. There is a quorum present. I notice in two of the Washington papers the statement is ANNIE E. CARSON. rather broadly made that I voted against the Shantung amend.. 1\Ir. OVERMAN. Mr. President, as in legislative session, I menton yesterday. I know that the statement was merely the ask unanimous consent to submit a -resolution to be .referred to result of inadvertence. I voted against an amendment the the Committee to Audit and Control the Contingent Expenses Senator from Massachusetts offered to his reservation, because of the Senate. I th9ught it did not add anything to the strength of his res- · There being no objection, the resolution ( S. Res. 321) was ervation, but I voted for the reservation. referred to the Committee to Audit and Control the Contingent I hope if the press report has carried the story to the country Expenses of the Senate, as follows: that I voted against the Shantung reservation the press will Resolt:ed, That the Secretary of the Senate be, and he hereby is, au­ be kind enough to correct it. thorized and directed to pay from the miscellaneons items of the con­ The PRESIDENT pro tempore. The question is on agreeing tingent fund of the Senate to Annie E. Carson, widow of Robert Carson, late an employee on the maintenance roll of the Senate Office Building, to reservation No.8. a sum equal to six months' salary at the rate he was receiving by law Mr. LODGE. On that I ask for the yeas and nays. at the time of his death, said sum to be considered as including funeral The yeas and nays were ordered. expenses and all other allowances. Mr. IDTCHCOCK. Mr. President, I suppose nothing that : liTSS JULIA I.A.THROF"S TRIP TO EUROPE. can be said is liable to make any change in the vote on this 1\fr. Sl\IOOT. Mr. President, I have a letter from an Ameri­ reservation, but I stili shall venture to call attention to the can mother who had two sons in the World War, calling atten­ impossibility of such a reservation as is proposed. tion to a clipping in the Washington Post of March 3, 192.0. The The treaty constitutes the reparation commission, and the clipping is as follows: reparation comuittee is placed in control practically of the MISS LA.THROP GOING ABROAD--W!LL STUDY CONDITIONS OF CHILDRES IN economic resources of Germany,' and to a -large extent it is CZECHOSLOVA.KU.. placed in control of the amount of reparation which Germany 1\Iiss Julia Lathrop, Chief of the Child Welfare Borenu, Department must pay. The United States has, if it enters into this treaty, of Labor, on Saturdny will sail from New York, aboard the Imperator, for Czechoslovakia, where she will study the conditions confronting the a member on that reparation commission. If so represented by children of the new Republic. a member of the commission, the United States will have a large While in Pragu-e, Miss Lathrop will be the guest of President voice in the orders of the commission. It will have a disin- . ~~~s~~~t!n~0~~~ dgfu~~~~o~l~v~~ Masaryk, at the castle of Hradcany, terested voice to a large extent, for the reason that the United States has little or no interest in the amount of reparation which The writer of the letter say~, am-ong other things: Germany shall pay. I want to call your attention to the above clipping. It seems strange to a taxpayer that this woman bas to go so many But when you stipulate in this reservation that it is a condi­ thousand miles to study. tion of our adherence to the treaty that the reparation com­ It is about time that such junkets were halted: mission shall make no order interfering with the exports 1\lr. President, I simply call attention to this because I be­ from Germany to the United States or the exports from the lieve that all such junketing trips should cease. I think there United States to Germany you make it impossible for the repa­ is plenty to do here in America, studying the conditions of ration commission to function. If the United States, through children and child labor, without going abroad. I have been its Congress, can control the reparation commission, any nation trying to find out from what appropriation moneys are spent whose representative sits on the reparation commission can do for this purpose, but so far I am uninformed. the same thing. Our influence on the reparation commission . Mr. OVERMAN. She is the head of the Children's Bureau? must necessarily be through the action of our member on the Mr. SMOOT. Yes; the head of it. commission, and that influence will be large, and, as I said, Mr. OVERMAN. That is the bureau which was to cost but disinterested. To stipulate that we will not ratify the treaty $25,000 per annum. except upon the condition that Congress shall control the 1 Mr. SMOOT. Yes; that was the promise made when the reparation commission in its control of German commerce is to 1 bureau was created. take an impossible position. 3886 CONGRESSIONAL RECORD- SENATE. }iAROII 5,

Mr. KING. Will· the Senator permit an inquiry? on and tra.de? In other words, does the Senator think we have 1\Ir. HITCHCOCK. Certanly. already got to the point where the only way we can trade with a Mr. KING. As I understand, the contention of those who country is by and through an agency of the league? support this reservation is that unless there is a reservation of Mr. HITCHCOCK. What I have saW is this: We are as yet this character the reparation commission might abrogate the technically at war with Germany. tariff laws which might be enacted by Congress and permit the Mr. REED. But we are not going to be so very long. products of Germany to come into the United States under Mr. HITCHCOCK. We are only temporarily under an a.r­ entirely different terms from those imposed upon the products m•istice; we can not renew our peaceful relations with Ger­ of other countries; in other words, that they would have the many, which were provided for in formerly existing treaties of power under the treaty to supersede the laws of Congress, and trade and commerce and amity until-Germany gets ready to ad­ to repeal any enactment of Congress relative to our trade mit us to that relationship. It is possible . that Germany is so and commerce with Germany. 'Vhat does the Senator say bound up in the treaty which she has already negotiated with with respect to that broad contention, which I understand is other nations that she would not be free to make n.ny such ar­ made? rangement with us without their consent. M.r. HITCHCOCK. I think such a contention has no founda- Mr. REED. Mr. President, if that is true-and, of course, tion in fact. The powers of the reparation commission do not the Senator from Nebraska must think it is true or he would not extend to the matter of tariffs at all. The chief control which make the suggestion-then, already, the United States has been the reparation commission is to exercise over German imports deprived of freedom of action in dealing with a great nation, in is its control over the gold of Germany. For a certain length of dealing with one of her great markets and one of her great time the reparation commission has the power to say to what sources of supply. I hope that is not true. I wa.nt to know if extent Germany shall be allowed to export her gold. the Senator from Nebraska really contends, this treaty now ·be­ It might be said that if the-reparation commission prohibits ing in force, although we have not signed it, that the United Germany from exporting any gold it might make it difficult' for States can not go on and merely declare a condition of peace Germany to have any imports on the theory that only by gold with Germany by any sort of means that is open to us, and then could Germany pay for them. It is true also that if Germany be perfectly free to deal with Germany if we stay outside of the league! should go into foreign countries, including the United States, Mr. IDTCHCOCK. The Senator misunderstands me. I have and there borrow money and establish credits the reparation not said anything about the league. The reparation commission commission· would at once have a mortgage upon the money or is not the organ of the league; it has nothing to do .with the credit so secured. It is very probable, however, that the repara­ league. We are now discussing something which is·entirely out­ tion commission, inspired with the idea of aiding Germany to side of the league. get upon her feet · and pay her debts, will relieve Germany Mr. REED. It is in the German treaty. from that mortgage upon money that she borrows in foreign Mr. HITCHCOCK. But it is not in the league. The Senator countries. mentions the league. 'Vhen we went to war with Germany we Mr. GRONNA. 1\Ir. President, will the Senator from Ne- not only destroyed all our intercourse With Germany and en­ braska yield merely for a brief question? tered into a. great controversy which ultimately involves the The PRESIDENT pro tempore. Doe.s the Senator from Ne­ settlement of thousands of millions of dollars, but we destroyed braska yield to the Senator from North Dakota? all of the existing treaties that we had with Germany. l\fr. :E{ITCHCOCK. I yield. l\fr. REED. I understand that. Mr. GRONNA. The Senator has just stated that the repara­ 1\Ir. ffiTCHCOCK. We can not restore those treaties for tion commission would not have anything to do with the tariff. commerce by simply saying that we have quit fighting- or by That may or may not be so; but is it not possible that the adopting a resolution that we are at peace with Germany. We reparation commission might, in an indirect way, have some­ can only do it by means of a treaty. thing to do with the tariff? For instance, would the repara­ l\fr. REED. By this reparation commission? tion commission have power to place an embargo on either im­ Mr. HITCHCOCK. I have not said that. I say we can ports or exports? If it would have that power, would it not only do it by means of a treaty with Germany. really have something to do with the tariff? Of course, there Mr. WILLIAMS. Unless we enter this treaty. could be ilo goods imported and no goods exported under those 1\Ir. HITOHCOCK. Unless we enter this treaty. circumstances. It would be a case of absolute prohibition. . . Mr. REED. The way is open, however, if we .do not enter this ~lr. HITCHCOCK. The reparation commission, probably, in treaty, for the United States to make any treaty it sees fit witll its c-ontrol of the German economic resources, has some powet; Germany as a sovereign power. to compel Germany to levy certain taxes; it has the power to Mr. HITCHCOCK. 1\Ir. PresiUent, the question the Senator see that Germany does not shirk its obligations to the nations raises is a very difficult question. 'Ve can, if we refuse to ratify represented on the reparation commission by failing to levy this ti·eaty, open negotj.ations with Germany to secure a treaty sufficient taxes to meet those obligations; it has the power to with her. Germany, however, is no longer a free agent to make enforce against Germany the obligation which Germany has as­ a treaty with us ; Ge.r:many has tied her hands and feet in the sumed in the treaty to tax its people to an extent equal at least treaty which she has already made with the other nations · ot to the taxes levied by the people of other countries that have the world. Her powers of sovereignty are limited; her economic been engaged in the war. To that extent it might compel Ger­ resources are tied up; and there may be things which Germany many to raise a certain amount of money by taxation; but that will not be able to do in a contract with us which she woulu like levy of taxes would not apply to one country any more than to to do to put us upon an equality with the other nations. anothet·. It would not necessarily apply to a tariff tax in Ger­ Mr. REED. Then we have arrived at this situation, that many at all. It might be directed toward internal taxes, di­ Germany has entered into a treaty which not only deprives her recting Germany to levy a larger income tax or a larger inheri­ of the power to make treaties of tmde, commerce, and amity tance tax or simply a demand that Germany shall increase its with the United States but deprives us of the opportunity to. revenues for the purpose of paying its debts. There is, however, make such treaties; that is to Ray, this German treaty is so a provision that there shall be equality between the nations, and drawn as to deprive the United States of freedom of action. that the United States shall have all the privileges in the ports of If so, .it ought to be rejected by the Senate instanter--every line Germany, in the commerce of Germany, that any other nation of it. represented on the commission shall have; and it is only by ad­ Mr. HITCHCOCK. Mr. President, what I have saiu is that hering to the treaty and becoming a member of the reparation Germany has already_ signed and ratified a treaty with her commission that the United States secures such equality. We enemies in Europe, and "\vith Japan also, which treaty has gone ran not expect to have it if we remain outside of the treaty. into effect, and that the powers of Germany to make a separate 1\lr. REED. The Senator says we can not expect to have treaty with the United States are to a certain extent limited. equality if we remain outside of the treaty, and that the only We do not know-nobody knows--the extent to which Germany way the United States can protect itself in its trade with Ger­ would be free, even if she desired, in a separate treaty with the many is through the reparation commission. United States to put us upon an equality with the other nations. 1\lr. HITCHCOCK. I am inclined to think that we might The only way in which we are sure to be placed upon an equality negotiate a treaty with Germany, if we are put to that recourse, with the other nations in our relations with Germany is to go and the treaty might provide that we should have equal facilities into the treaty as they have gone into the treaty, which is stilf with other countries in the ports and in the commerce of Ger­ open for us to enter. 'many and under the tariffs of Germany. Mr. REED. And then-- Mr. REED. But suppose we did not negotiate any treaty at Mr. WILLIAMS . . Mr. President, will the Senator permit an all, does the Senator think the United States could not go right interruption for a moment? 1920. CONGRESSIONAL -RECORD-SENATE. . 3887

The PRESIDENT pro tempore. Does the Senator from Ne­ can not give to a nation not protected_by the treaty. If, how­ braska yield; and if so, to whom? · eve-r, we ratify the treaty and become represented upon the :Mr. illTCHCOCK. I yield-to the Senator from Mississippi. reparation commission the United States is in a position there Mr. WILLIAl\!S. In other words, I take it that what the not only to enjoy every benefit that Great B!itain enjoys with Senator means is that Germany, having entered into one treaty, the trade of Germany, every benefit which France enjoys with can not be expected to enter into another which would violate the trade of Gennany, every benefit which Italy enjoys with the terms of -the first. the h·ade of Germany, every benefit which the most fa,-ored l\1r. HITCHCOCK. Certainly not. nation in the world enjoys with the trade of Germany, but she .Mr. WILLIAMS. _ And to that ffi..-tent her liberty of action is secures a voice in the control over the economic resources of limited. Ge-rmany. I say that the United States can ask no more than Mr. HITCHCOCK. Yes; her liberty of action is limited. that. The United States is not justified in saying that she will l\1r. WILLIAMS. Our liberty of action to negotiate is not only enter this treaty in case Congress is given the power to die-' limited at all; but we have to have her consent and she can tate to the reparation commission. No other nation claims that not, of course, consent to a treaty with us which would violate power. Great Britain does not claim it. France does not claim the provisions of another treaty which she has already ratified. it. Italy does not claim it. The exercise of those powers over Mr. REED. Mr. President, let me state the trouble with that the economic resources of Germany is not only for the purpose contention. Germany has entered into a treaty with France of providing that Germany shall pay what she must pay in the and Italy and Japan and Great Britain by which she has given way of reparations, but it is for the purpose of rehabilitating them a superior jurisdiction over her commerce and, perhaps, Germany, of seeing that Germany is placed in a position \Vhere certain other things. If we ratify this treaty, we agree to she can most fully meet the great obligations which have fallen those limitations; we are in no position to protest or in any upon her as the result of this war. . way to protect ourselves, and we must secure the national It is idle to say that the United States can refuse to partici­ right of this country to deal with another country through a pate in this opportunity by rejecting the treaty, and ne\erthe­ reparation commission nominated and controlled by European less ·claim the right to go to Germany and require Germany to and Asiatic tountries; that is to say, we already, as a first step· violate the treaty that she has entered into. in this proceeding, place ourseh·es under the control of an If the House of Commons were asserting the right to control agency of these powers, which, whether we call it an agency tile reparation commission we might assert that right; or if of the League of Nations or not, is, nevertheless, the agency France or Italy or any other nation were asserting that Iight of foreign powers, and we are asked when we ratify this treaty we might assert that right. But the reparation commission is to agree to that limitation upon the rights of this country. a composite body on which are represented the great nations that For what purpose? For the purpose of having anything paid fought the war, and if we ratify the treaty we become one of to us, of gaining any benefits to ourselves? Not at all; but those great nations, and we get our proper share in the control for the purpose of enabling certain foreign Governments to of German affairs temporarily while the reparations are being collect their debts from Germany. It strikes me that it is a worked out. \Ve can not get it in any other way. In my opin­ very serious piece or business for the United States to agree ion, we have no right, and it is perfectly absm·d and impossible to a thing of that kind. for us to assert that Congress should have the right, to dictate I wish now to caU the Senator back to the question. The to this reparation commission. question that is presented by this reservation is this~ Mr. GRONNA. Mr. President-- The United States understands that the reparation commission will The PRESIDENT pro tempore. Does the Senator from Ne­ regulate or interfere with exports from the United States to Germany braska yield to the Senator fi·om North Dakota? or from Germany to the United States only when the United States l\Ir. HITCHCOCK. I yield to the Senator. by act or joint resolution of Congress approves . such regulation or interference. Mr.' GROl\'1\.,A. The Senator has just stated that we will get our proportionate share. Does he mean with reference to Now, what is the converse of that? The convet·se is that the commerce or with reference to the claims against Germany? United States understands that the reparation commission may l\Ir. HITCHCOCK. There is very little difficulty in the mat­ regulate and may interfere with exports from the United States ter of the claims that we make to reparations if we join the to Germany and imports from Germany to the United States. treaty ; we will be paid in full, and we are t~e only nation that When a man opposes this reservation he takes the position that will be paid in full, for the damages we have suffered. I ain. he. wants the reparation commission to have the right to regu­ speaking now of the individual damages. We make no claim late commerce between Germany and the United States; he for reparation sueh as the French and British Governments takes the position that he prefers to have the reparation com­ have made against Germany, as to the payment of pensions and mission regulate commerce between the United States and Ger­ otherwise; but we do secure in this treaty the right to use the many t·ather than huve the Congress of the United States de­ funds which have come into our hands through the adminis­ termine that question. That is the question we are discussing, tl·ator of alien property in this cotlntry, and from that source an(} we need not get outside of it at all, for that is all that is alone we shall easily be able to compensate all of our nationals presented by tlle pending reservation. for any losses they have incurre~. · · · Mr. HITCHCOCK. Mr. President, the Senator has a mis­ l\1r. GRONNA. I agree with the Senator on that. He and conception of this situation. The United States is not denied I are in perfect accord with reference to that; but what I by the treaty any right or opportunity that is enjoyed by any am mostly interested in is this: Will or will not this reparation , other one of the nations that have been at war with Germany. commission have the control; as the Senator from l\fis ourl · On the other hand, if we ratify the treaty, we receive as a [Mr. REED] so well illustrated, of the commerce between the result of that treaty, through the adminish·ation of the repara­ United States and Germany? Will ou.r exports, whether of , tion commission and otherwis~. all of the benefits and all of manufactured articles or of cereals, depend upon the action of · the privileges which accrue to any other nation. this reparation commission? That, really, is what I am chiefly Mr. REED. Mr. President-- . interested in. Mr. illTCHCOCK. I ask the Senato:r to let me proceed. I l\1r. HITCHCOCK. Ko, l\lr. Pre ident; it will not. The am willing to be interrupted, but . I should like to finish the powers of the reparation c<>mmission over the commerce of Ger- · sentence. many are indirect. They haYe a power over the gold of re­ 1\Ir. REED. I do not want , the Senator to get out of demption which is in Germany, and of eourse they are not going patience. to permit that gold to go out of Germany to an extent which Mr. HITCHCOCK. The Senator interrupts not only me but will render her financial operations impossible. They are un­ everybody else and takes the floQr, but I ask him now to wait doubtedly going to require Germany to keep enough of her gold until I finish or until I have proceeded a little further. to act as a cover for her currency, because to allow Germany to Mr. REED. I will be glad to wait until the Senator finishes. go bankrupt in that respect would place Germany in a position Mr. HITCHCOCK. _Tlle Senator proceeds upon the theory where she could not function in the payment of her reparations; that by keeping out of this tre;:tty the United States will be in and the control of the German gold supply will in a way affect a position to assert its rights against_ Germany; that it will be the power of Germany to import goods. · · in a position where it can go to Ger-many, of course, and seek to 1\Ir. GRONNA. That, of course, would be a direct limitation negotiate a new treaty; but when we reach Germany what will upon the commerce of Germany. we find? ·we will find Germany has already entered into a l\Ir. HITCHCOCK. That, of course, would apply to one treaty with Great Britain and France and Italy and the other country no more than to another. It would be a limitation on nations of the world and has accorded to them privileges and the power of Germany to export more than a certain quantity immunities and benefits which she can not accord to the United of gold; and my idea is that if overanxious and nervous Sena­ States; she has bound herself by this treaty to give them oppor­ ·tors want to impose any condition on the reparation commis- I tunities and control over her economic resources which she sion,. it ought to be in the shape of a provision that we ratify ' '3888 CONGRESSIONXL RECORD-SENATE. · ~fARcH · 5,' this treaty with the undeTstanillng and upon the conditio~ that' . to the distinguished and somewhat irritable Senator from ·Ne­ the reparation commission -shall at no time discriminate against braska. I ,,~ anted · to ask the question then, because it was in the. commerce of the United States, if it has any such powers to point then ; and I shall now ha_'\;e to recall some matters myself. control the ~ommerce at all. _ The Senator from Nebraska accuses me--to use the classical l\1r. GRONNA. Then the Senator admits that- as the pro­ . expression~f "butting in," and interrupting Senators. I think vision now stands the reparation commission could discriminate? if the RECORD is examined, and the recollection of Senators is em­ 1\Ir. HITCHCOCK. I think not. I think they could not; but ployed, they will know that for days the S~nator from Nebras~a I say tha.t if it is desired to prevent that thing, which is discrimi­ has been in the b_abit, when any Senator was speaking, of rising nation, then a provision against discrimination would be suffi­ and interjecting his remarks. It has all been accepted in per:. cient; but to assert the right of the Congress of the United feet good part. Nobody has complained. I have permitted him States to control an international body is a manifest absurdity to make a number of speeches in the middle of tb.e speech ·I was as well as a wrong. malting, and lmve done so without objection. I hope he will just Mr. GRONNA. l\lay I ask the Senator, then, whether he keep good-natured, if he can, while we discuss this question. would be opposed to a provision to the effect that no discrimina­ There are one or two things to which I want to call attention, tion should be made between the so-called favored nations? and I shall be \ery brief about it. l\fr. HITCHCOCK. No; I would not. I have not any idea The Senator speaks of the benefits we are to receive through that uch a discrimination would be attempted. ' the reparation commission, the benefits we are to receive through 1\fr. GRO!\TNA. So that in reality an amendment would be this treaty, and at one time he employed th·e expression "our necessary in order to assure the American people that there proper share"; that is, that we were to receive our proper share. would be no such discrimination by the reparation commission? Let us get this question down to the fact. The fact is that un­ Mr. HITCHCOCK. No; on the other hand, I do not think it is der the treaty of peace with Germany, Germany yields all her necessary, but I say I would have no objection. to it. A great foreign possessions.~ She yields Alsace and Lorraine -forever. many of these proposed amendments are not objectionable in She yields, for a period of 15 years, a large part of her conti­ themselves. They are unnecessary. For instance, the reserva­ nen4tl territory. She agrees to furnish enormous quantities of tion to the effect that the United States will not a sume any coal and iron, and agrees to pay an unascertained indemnity, to mandate without the consent of Congress is a manifest absurdity. be .fixed by her enemies. That already exists. We could not assume a mandate over any Now, where does all that go? Does it come to the United country without the consent of Congress, but I have not any States? Not one dollar of it; not one dollar of it. , The solitary objection to putting it in. I' am perfectly content to let it go in. thing that the United States obtains by the treaty she already I consented to its going in ; and it is Yery much the same way had, and that has been in part taken away from her by the with this. treaty. She had possession of certain German boats which slie I have not any iuea that the reparation commi sion either had a right to keep, and which, if we had been represented as I has the power or would undertake to discriminate against the think we ought to have been represented, we would have kept. commerce of any nation represented on the reparation commis­ But \That did we do? We agreed to subtract from the tonnage sion; and therefore-I would have no objection at all, and I of the vessels we had in our possession the total amount' 'of dq not see how anyone could have any objection to a reserva­ American tonnage destroyed-which was all pr~vate tonnage, I tion providing that tllere should be no discrimination by the believe; there may have been one little war craft that ·went reparation commission against the commf'rce of the United States. do\\'ll-and then the United States is to pay for the surplus of the I do not think it has the power or would have the intention or tonnage she obtains into a fund that goes to France and Great could have any _possible purpose in di criminating, but there Britain and Japan. -, would be no objection to putting that in. That, however, i Those are the glorious benefits that we receive! Perhaps it quite a different thing from putting in a statement that the was all right not to ask for any indemnity, but I am tired ~f Congress of the United States must be consulted by the repara­ hearing about the benefits the United States gets. That sort of tion commission before it takes any action. talk ought not to be longer indulged in. The Senator used the l\Iuch of the action of the reparation commission will have to expression, "We get back all we lost." That sort of statement be taken quickly. Much of its action will have to be changed. ought not to be made. -we are $25,000,000,000 poorer because of Many of its policies from time to time will have to be changed to this war, directly, and how much we have lost in an economic sttit the needs of the hour, and to say that every time a change sense no human being can estimate. · occurs the reparation commission must consult the Congress of Now, this reparation commission is a thing that is functionillg the United States is a manifestly impos ible position in which to solely for the benefit of our associates in the ·war. It is func­ put the reparation commission. tioning for the purpose of collecting indemnities not for our Mr. JONES of New Mexico. Mr. President-- benefit but for the benefit of others, and the question is, What The PRESIDENT pro tempore. Does the Senator from Ne­ power shall be conferred upon it! The Senator states that ·tile braska yield to the Senator from New Mexico? treaty of peace has already been signed and is already effective. Mr. HITCHCOCK. I yield to the Senator. It has already been signed by a part of those nations concerned Mr. JONES of New Mexico. I should like to inquire of the in the war, but it has not been signed by the United States. Senator if it would not have been possible for the other powers, Until the United States signs the treaty she has a right to insist in entering into a treaty with Germany to which we were in no upon any change which she thinks is proper. She has a right, wise a party, to provide that the entire commerce of Germany of course, to reject it entirely, and the President is now threaten­ should be under the control of a commission to be appointed in ing to withdraw it entirely, over Fiume, which, as said the pm·suance of such treaty? Would not those nations have had other day, in comparison with the rest of the world; is a mere power to do that thing had they seen fit so to do? :flyspeck in size and in importance. I do not, in saying that, . l\fr. HITCHCOCK. Of course, l\fr. President, the powers of say anything unkind of that city or its people. It i. a little nations which have conquered another nation are almost abso~ city of about 200,000 inhabitants, I think. lute, and if the conquering nations desire to bind hand and foot 1\Ir. KING. Less than that. the vanq oished nation they can do so, and they can compel the Mr. REED. I have not looked up the figures. If the Presi­ payment of an indemnity over an enormous period of years. One dent of the United States can justly threaten to withdraw the of the dangers in the present case is that if this reparation com-· treaty altogether because of a dispute over Fiume, how ridicu­ mis ion is composed only of those nations in Europe which are lous it is to say that the treaty is already a fixed fact, that we bent upon collecting an indemnity from Germany, and which can not change it, and that we must go into it with its repai:,a­ have a military fear of Germany, they may proceed to cripple tion commission without a reservation or without an amendment, Germany, even to an unwise extent, for many years to come; and because it is alieady fastened upon the world. I wish that we it is in the interest of the German people that the United States could have a little consistency in the Senate for just a few hours should be represented ·upon that commission. It is in the inter­ by the great leader upon our side, to interrupt whom is a specif'S est of the· German people that the disinterested influence of the not only of impudence but almost of sacrilege. United States upon that commission should be exerted, in order I want to bring the mind of the Senate for just a moment to soften the exactions which might otherwise be made against back to the question. We have not yet signed the treaty. When Germany through the enormous powers of this_ reparation com­ we do sign it-if we do-with the reparation commission in it, mission. I have no doubt that ~ltimately, if not now, the people whatever the powers of that body are we have assented to them. of Germany will be aroused to the fact that American participa­ Unless we now put the limitation upon those powers, we can tion in the reparation commission will be very beneficial to the not hereafter do it, save witll the consent of other nations. We GermRn people. are now free to protect ourselves. When we have signed the ~Ir. REFJD. 1\lr. President, I am sorry that the Senator from treaty we are bound by its terms and our hands are tied. ...NehraRka got out of patience because I rose to ask him a ques­ The proposition is a very, very simple one. We do not unuer· tion. I nddre~sed th~ Chait·, and meant to address a question take to say to the reparation commission that it can not func- 1920. CONGRESSIONAL R]1CORD-SEN ATE. 388~

tion. Perhaps we ought to say so, but we d~ not. We do not the pending reservation and some of the incidents which have undertake to say to the nations who were our associates in the been connected with its preparation and presentation. _ . war, "You shall not ti~ the hands of Germany or control the The reparation commission is not provided for in the league co;nmerce of Germany." Perhaps we ought to say so, but I do covenant. It is a part of the treaty. A majority vote of that not argue that. All that we say, in substance, is that the United commission, as I understand it, decides all questions brought States Q.oes not. concede to the reparation commission the right before it. to control commerce between Germany and the United States Mr. THOMAS. I think not all questions. There is one unless Congress shall hereafter grant that authority. If we do article of the treaty which requires unanimity in regard to cer-· not say that, then we say the converse, which is that we do con­ tain matters concerning the debts and securities. - cede the right of the reparation commission to control the com­ Mr. TOWNSEND. The Senator is correct about that. There merce between Germany and the United States without and in is an exception, but so far as the-- defiance of the action and will of Congress. - 1\Ir. SMITH of Georgia. I did not hear the Senator from The Senator from Nebraska prefers, naturally prefers, to turn Colorado. Will the Senator state again what be said? thls right to control American commerce over to the interna-: 1\Ir. THOMAS. There is an article of the treaty-! will find tional reparation commission, because he is an internationalist, it for the Senator-which imposes unanimity 1of action upon the because he believes in transferring the seat of control of the reparation commission in regard to certain subjects, that pdn­ intern.ational affairs of the United States tO the representatives cipally affecting the postponement of the time of the maturity of foreign governments sitting on foreign soil. He has become of the obligations. just that kind of an American. - Mr. TOWNSEND. But the subject now under · discussion_­ Mr. GRONNA. Will it disturb the Senator if I interrupt commerce--is the one to which I am directing my remarks, and him? it is controlled by the statement I made, namely, that a ma­ 1\lt·. REED. Not a bit. jority vote of the reparation commission decides. It has been Mr. GRONNA. Can the Senator imagine a more drastic truthfully stated I think by both the Senator from Nebraska restriction upon the commerce of any country than to allow a [Mr. HITCHCOCK] and the Senator from Missouri [Mr. REED], CO!Ilmission to put an embargo on her gold, which I understand and conceded by all, that the United States has less interest in is the power this commission would have? the reparations which will be made as a result of the war than 1\Ir. REED. I can not imagine one thaf some of our asso­ any other nation; and yet reparations may be made under ciates in the war would know how better to employ for their orders, as has been conceded here, which will vitally affect the­ benefit. Let us see. Suppose we refused our assent altogether commerce of this Republic. The Senator from Nebraska thinks to the reparation commission and said that we ratified tile the reparation commission can not affect our commerce with treaty but we did not ratify it as to any of its provisions cre­ Germany, and that is the sole matter now before the Senate. ating the reparation commission. Suppose thereafter that our Enough has been said already to disclose much doubt in the associates in the war would say to Germany, "You can not matter. Why not dispel that doubt? I believe that the com­ ship dyestuffs to the United States," what would the United mission will have power to affect seriously the commerce be­ States be doing? Is it a powerless nation? Must it run under tween the United States and Germany. Does any Senator want the petticoats of the League of Nations for its protection? Must that done? Is it not wise to guard against such a possibility· it come whining like a coward and prostrate itself at the feet now? of some international tribunal to get its rights? I imagine l\fr. KING. Mr. President-- what we would say in a case of that kind, assuming now that The PRESIDING OFFICER. Does the Senator from Michi­ we have a National President with the national pride and gan yield to the Senator from Utah? national spirit that our Presidents have always had. In diplo~ l\Ir. TOWNSEND. I do. matic language we would say, "We can not perinit this. You Mr. KING. My recollection of the powers and ~nctions ..of are interfering with the trade and commerce of the United the reparations commission leads me to the conclusion that its States. · We must insist that all restrictions be removed." If activities might restrict exports and direct the lines of exports; there should be a refusal we would find a means to protect but I do not think they would have the power to interfere with ourselves. It might not be war. It might be, if they embargoed imports unless it was with respect to payment. I have no doubt our grains to Germany, we might embargo our grains to Great that they will treat Germany as if she were in the hands of a re­ Brituin. If they embargoed our steel to Germany, it might be ceiver, and they are the receivers, so to speak, appointed by the that we would have to embargo their shipments here. But courtl the cQurt being the allied and associated nations. They there is no danger of that. The European nations would not take charge of the bankrupt and the estate of the bankrupt and put the United ·states in a position where she must resort to control very largely, of course, for a number of years the dis­ tho e extreme measures. position of the assets of the bankrupt. In the disposition of But if they are made of that kind ·of stuff, which would those assets they would allocate the gold which Germany has, permit them to think of such a thing seriously, then I do not determine where the payments shall go, determine where cer­ want them as our partners. If it be true that Great Britain, tain assets of Germany shall be distributed, and make alloca­ France, and Italy, because we have not agreed to their repara­ tion of her dyestuffs and other products, and in a way, of course, tion commission having a power greater than that exer·cised could interfere with the exports of Germany. But the way I by Congress over our own trade, will do acts of injustice to read the treaty I doubt whether they would have the power the United States· through the reparation .commission, then I to interfere with the exports from the United States to Ger­ want them not as our partners but outside our household. many, provided we can find any Germans who have money or It will hardly be denied that we have rendered them some credit or goods with which to pay for the goods which we ship service in this war. It is not denied by any sensible man that to them. if it had not been for the troops of the United States Germany 1\fr. TOWNSEND. All of which goes. to prove my statement would have captured the capital of France. It is not denied that there is doubt in the minds of Senators as to how far this that at the present time we.are taxing our own people to raise reparation commission may go in affecting our co.mmerce. the money to pay the interest upon the bonds, the proceeds of I am ·not now discussing the question as to whether we ought which were loaned to Great Britain, France, Italy, and other to go into the treaty and have a reparation commission or not. countries; and that it may be many years before they will be I am favorable to it myself, and I have proceeded on the as­ able to meet their obligations. There is in the Senate and in sumption that we are going to become a party to the treaty, this country a disposition to extend to them every generosity and that we will therefore probably have a representative on that it is possible for us to do, with justice to our own people. the reparation commission. This reservation assumes that as a For the Senator from Nebraska to stand here in one moment fact, otherwise it would be idle to discuss the matter at an. · and say they are most desirable partners with whom we should But inasmuch, I repeat, as that commission in commerce condi­ link our fortunes for all time, arid in the next breath to say tions acts by a majority, and inasmuch as what we are doing that if we do not sign this treaty. just as it is written they will is not so much for ourselves as for the benefit of others, if immediately become our enemies and conspire against us, seek­ occurs to me that it is the part of justice and wisdom for us to ing to destroy om· trade and our commerce, is for the Senator safeguard our generosity, for an occasion might arise when it from Nebraska to take two positions that are absolutely and would be exceedingly desirable for the United States Congress dillllletrically opposite each to the other. to protect itself against injury. I am going further to assume The PRESIDING OFFICER (Mr. STERLING in the chair). that the United States Congress would act by a majority. The question is on agreeing to reservation No. 8, on which the Such a majority can safely be relied upon to do its duty, the yeas and nays have been ordered." . right thing under all circumstances, as the particular occasion Mr. TO.WNSEND. Mr. President, I shall occupy only a little requires. Do Senators prefer to trust an interested foreign time of the Senate, but I desire to express my understanding of commission to their own Congress1 - ,· LIX--245 3890 CONGRESSIONAL RECORD-SENATE. }f.ARCH 5,

Furthermore, Mr. President, I understood-and Senators are ~ere~ce, and s~id that in view. of their being detained so long present who can correct me if I am mistaken-that an honest, 1t might be Wise for us to adJourn until the next day, when sincere effort was made.on the part of the friends of ratification we would be able to settle the matter. That was agreed to. of the treaty and the covenant under proper reservations to We came back the next day at the appointed hour expecting to compose their differences. I heard, however, many things said proceed with the conference. We then found that the Senator yesterday about it that have discouraged me somewhat in this from Massachusetts was not present; he was detained in an­ belief, especially when it was declared positively that most of other conference, it was stated; and it turned out to be a con­ this was done simply for the purpose of talking the matter over fer~nce with the irreconcilable Republican Senators. We again and nobody was to be bound by it, and probably nobody was to adJourned on that account. "When we again reconvened the Sen­ recommend any suggestion or agreement that would look to ator from Massachusetts told us he could yield nothing at all harmony. We could as well believe now that the whole thing upon the reservation to article 10. was largely a bluff. We then formally proposed to the Senator from Massachusetts I make the further statement, which I hope will be corrected that we would accept the draft which was upon the table which if it is wrong, that the members of this bipartisan conference we had been considering. He stated that that was imp~ssible. representing both sides of the Senate agreed upon section 8, 'Ve then asked if he would propose some change in article 10 which is the matter before us. but he replied that he had nothing whatever to propose. w~ Mr. Sl\fiTH of Georgia. If the Senator will allow me, I call then formally tendered as another proposition the reservation his attention to the joint report on the subject by the Senator on article 10 which had been drawn by former President Taft from Massachusetts [Mr. LoDGE] and the Senator from Ne­ and said we would accept that if he were willing to do so, but braska [Mr. HITcHCOCK], in which it is stated that- the Senator from Massachusetts said be could not do it. I Reservations 3, 8, 12, and 13 were tentatively accepted by all without then announced if Senators on the other side would consent to change. no compromise at all on this vital article the only thing to do Mr. TOWNSEND. That has been my understanding, and I was to take the controversy to the floor of the Senate. It has am curious to know if the arguments which the Senator from been brought here us the result of that failure. Now, how can Nebraska has made to-day against this provision were made by the Senator from Michigan say that I am an irreconcilable him to that joint committee of the two sides of the Senat~ when when I have tendered two propositions on this vitally important they met at the conference. article, one drawn by ex-President Taft and one framed by 1\Ir. HITCHCOCK. 1\11:. President-- the bipartisan conference? . 1Ur. TOWNSEND. I yield to the Senator from Nebraska. Mr. TOWNSEND. Let me ask the Senator from Nebraska Mr. HITCHCOCK. The Senator from Georgia is mistaken. another question: Suppose the conference had adopted one 'Vhat he bas just read is not a statement by the Senator from of those reservations, would the Senator then have voted to Massachusetts [Mr. LODGE] and myself, an agreement by us, ratify the treaty with the other Senate reservations? but a statement made by the Senator from Massachusetts. 1\Ir. HITCHCOCK. I think there would have been no diffi­ Mr. TOWNSEND. May I ask the Senator then this question? culty in reaching a conclusion on everything else. Was the Senator from Nebraska present at the conference and Mr. TOWNSEND. Mr. President, I have been watchinrr as did he tentati>ely agree to it without change? carefully and in as unbiased a manner as possible-- o Mr. HITCHCOCK. No; I did not. This is one of the orig­ Mr. LODGE. l\Ir. President-- inal reservations that was not changed and was not agreed upon Mr. TOWNSEND. In just a moment-the discussion that any more than the fourteenth reservation or the reservation has been going on in the Senate on this subject. I ha>e not relating to article 10. ~articipated largely in it, although I ha.ve been deeply inter-. 1\Ir. TOWNSEND. Was it discussed? ested. I ha>e been trying to discover if I could the motives 1\Ir. HITCHCOCK. Yes. I ha>e always objected to it and which actuated Senators who are opposing the ratification oft always denounced it. the treaty unless it can be ratified exactly as they suggest· .' 1\Ir. TOWNSEND. Did the Senator object to it then with and I have drawn my conclusions from observation and fro~ : the argument that he has now presented? what the Senator from Nebraska himself has said on the floor ' Mr. HITCHCOCK. I did, very emphatically. that there is very little disposition on his part or theirs to' Mr. TOWNSEND. I have been informed to the contrary, compromise in favor of what is the repeatedly recorded ma­ and that there was practically a unanimous tentative agreement jority sentiment of the Senate. We have been voting ·on the as to this particular provision of the reservation. Of course, I reservations. Possibly the vote on the first reservation which' understood from what the Senator said yesterday that he did occurred while I was necessarily absent does not bear out the not feel himself bound and would not be bound unless every­ following, but every other reservation has carried by a safe: thing that was agreed to met his approval; but I am wondering majority, and would have done so if every one of the in-econ-· if the Senator would have felt bound if the reservation to cilables on this side of the Chamber had not voted ; and yet if ~ article 10 had been modified as he suggested. we shall go through and adopt the reserrations by a substantial! 1\Ir. IDTCHCOCK. The Senator takes up a matter of which majority of the Senate, then I am prepared to state what I I am perfectly free to speak. It often happens that when two believe, namely, that the Senator from Nebraska will still op.' parties sit down to a table to compose differences over a docu­ pose the final ratification of the treaty after it bas been per-! ment there will be giving and tak--ing and finally a compromise. fected by that kind of a vote in the Senate. Am I correct about' In this case we considered one thing and we considered another, that? and discussed them for our own benefit, and it is quite likely 1\lr. IDTCHCOCK. The Senator is correct in saying that I : that corrwromises would have been reached if they could ha>e will not accept the Lodge reservations ; but I will accept a ~ co>ered everything, but all compromise was destroyed when compromise. I tendered a compromise; I have been anxious' 'upon the vi.tal points we were told that no yielding would l>e to go nine-tenths of the way in the direction of a compromise.\ had at all. That is not the attitude of an irreconcilable. · Mr. TOWNSE~D. Mr. President, that to me is a >ery dis­ Mr. TOW"NSEND. In the last two or three days reservations couraging thing in the consideration of the treaty. It appears have been presented which the Senator from Nebraska and1 that we have two classes of irreconcilables, so called, one com­ some of his colleagues who were opposed to them stated were the posed mostly of Republicans, 12 to 14 of them, who openly admit same in meaning as those proposed by these objectors, and yeti that they want no treaty, no league covenant, the other, 15 to 20 without reason, certainly without the slightest spirit of com·l Democrat-s, who insist that they must have what they want or promise, they voted against such reservations. n<;> treaty. Those two classes of Senators added together will I am not a stickler for phraseology. I voted on yesterday fo~ constitute probably more than one-third of the Senate. a proposition which the bipartisan conference adopted, an l\lr. HITCHCOCK. Does the Senator from l\licbigan place me which was framed and offered by the Senator from 1\fontan in either one of those classes? [1\lr. W .ALSH] and it was agreed to. It differed in language Mr. TOWNSEND. I do. from the one which had been previously presented, known as Mr. HITCHCOCK. l\Ir. President, let me vindicate the posi­ the Lodge reservation, but I thought it meant the same thin~ tion that I hold. The Senator must be aware that when we as the original, and, for the sake of compromise, I was willing. reached the reservation on article 10 we proposed several differ­ to vote for it. Not so, however, the Senator from NebraskaJ ent compromises, and we finally got to a point where almost who opposed it, even though it was admitted that it mean11 c. very one around the table had agreed on the so-called compos­ practically the same thing. Now I yield to the Senator from ite biparUsan compromise on article 10. At the last minute Massachusetts. the Senator from Massachusetts [l\11'. LoDGE] was called from Mr. LODGE. 1\fr. President, I think it is a very profitless the room, and took with him the Republican members of the business to go over the misunderstandings between the different conference. After waiting 15 or 20 minutes I went to the door members of the bipartisan conference. We broke up on the of the adjoining room, where those Senators were in con- proposition that we would n.Qt submit to any change of prin-

l 1920. .CONGRESSIONAL RECORD-SENATE. 38911

ciple in article 10. 'Ve did not say that we would not modify of Senators against their reason and judgment. Quite as wise it. On the contrary there was a draft made--not by me, but and patriotic men support the Senate reservations. Senators by other members of the conference--to this effect: should act under their solemn oaths and not on the threats The United States assumes no obligation to preserve by the use of or dictum of Presidents or ex-Presidents. Their advice should its military or naval forces or by the economic boycott or by any other be, and has been, considered; but the Senate must decide. means the territorial integrity- J.\lr. HITCHCOCK. 1\Ir. President, if the Senator considers And so forth. that I was trying to drag politics into this matter, he is en­ Taking the wording of the reservation presented by the Sen­ tirely mistaken. I merely cited the fact that there are 401 , ator from Nebraska. The Senator from Nebraska stated in Democratic Senators who have offered to accept ·either the bi­ a newspaper-! do not know how correctly he was reported, partisan compromise or the compromise presented by the for­ of course--that that was worse than the original, but it was mer Republican President of the United States. Certainly tl1at a change which I think our members of the conference were is not a Democratic compromise; that is not a Democratic entirely ready for. We did not refuse any change at all; we proposition. We are offering to accept what one of your great simply said we could not submit to a change of principle; and leaders in this country, a prominent man in many affairs, par­ the Senator from Nebraska offered nothing which was not a ticularly in ..connection with the question of the. League of very great change of principle in the amendment. I do not Nations, has presented to the country; and can it be said that regard such a suggestion as a compromise. we are not l'eady to compromise when we make you that offer? Mr. TOWNSEND. 1\Ir. President, the pl,'oceedings of the bi­ l\Ir. LODGE. l\Ir. President, will the Senator from l\Iichigan partisan commission are more and more confusing to me. As yield to me for a moment? I said, to begin with, I had hoped for beneficial results. Then The PRESIDING OFFICER. Does the Senator from 1\lichi­ I felt that if article 10 was the rock upon which the Senate was gan yield to the Senator from Massachusetts? to split, that question ought to be first settled. Otherwise, we Mr. TOWNSEND. I yield. are 'Simply wasting time. If 20 or 25 Senators on the other l\Ir. LODGE. The Senator from Nebraska continues to refer side and 13 Senators on this side are determined that the treaty to the bipartisan compromise. There was no bipartisan compro­ shall not be ratified, those on this side maintaining that they mise on article 10. The conference was broken off entirely on will yote against it whether the reservation is adopted or not, that question. There was discussion about it; but what the an<.I those on the· other side maintaining that they will vote Senator calls a bipartisan compromise was something that was against it unless all reservations are either rejected or changed offered there to which I never agreed and to which the others · to suit them in every particular, what is the sense of taking the never agreed. I do not regard it as a compromise, because it time of the Senate in thrashing over old straw, day after day, sacrifices principles in the reservation to article 10 which I am when we know that at the end of it all the treaty will fail? not willing to sacrifice. · So far as I am concerned, l\Ir. President, I am ready to ha\e As to President Taft's proposition, it opens an entirely new the question settled now by a vote on article 10 and be done field of obligation, and, l\Ir. President, with aU respect to ex­ with it. President Taft, I do not take my opinions from him any more I nm willing to yield on matters of phraseology, but I am not than I do from the existing President. It does not seem to me willing to yield, and I do not think the majority of the Senate that the ex-President has any more right to attempt to control the Senate than the President has. It is for the Senators to de­ are willing to yield, on the principles involved in the reserva­ termine for themselves. tion to article 10. I agree that that is the vital part of this whole business. If that could be determined upon and we could I will say just a word in conclusion. I did ask, as of course everyohe knows, to have article 10 passed over, because I wanted settle whether we could pass it or not, and if the conclusion is to complete the changes that had been proposed in the bipartisan to pass it, I would be perfectly willing as I am now, in fact, to conference; and also I wanted to bring forward two very im­ arrange in a satisfactory manner some of the other reservations portant changes which I think constitute great improvements in which Senators are now opposing so bitterly, and to me so the reservations. I wanted to get all the reservations completed, unrea onably. so that the country could see just what had been offered by us, Mr. HITCHCOCK. Mr. President-- and then decide upon article 10. 1\ir. TOWNSEND. I yield to the Senator from Nebraska. _ 1\Ir. TOWNSEND. l\lr. President, in conclusion I wish again l\lr. HITCHCOCK. I think there is much in what the Sen- to refer to the matter directly before the Senate, which is the ator says. It was not my proposition to pass over article 10 question of the adoption of reservation No. 8. I am assuming, and take up the other reservations first. It was the suggestion as does the reservation, that the United States is going to become of the Senator from Massachusetts ; it was his motion to that a pai·ty to the treaty, and when it does become a party the situa­ effect. It was generally supported on the Republican side of the tion will be peculiar. The United States is granting much and Chamber, and there was no opposition to it on our side of the asking for and getting nothing. Therefore, I believe it is the Chamber. We simply assented to it. We are perfectly willing part of wisdom and of patriotism for the Senate to insist that, on our side of the Chamber to go now to the vital question in­ if selfishness or greed or anything else may actuate the foreign volved in article 10 in order to see if an adjustment can be majority of the reparation commission in ~determining upon regu­ reached. lations or rules which may result detrimentally to the United Mr. TOWNSEND. The Senator from Massachusetts can States, the Congress of the United States should pass upon that speak for himself, but I had understood that the postponement subject. It seems to me, if there had been no excitement over was made practically by unanimous consent. this matter, if the lines had not been so sharply drawn and Mr. HITCHCOCK. No; it was made as the result of a mo­ passion had not run quite so high, there would be no possible tion. A few of us voted against it. I should have preferred to objection to this resen-ation, and that the Senate, with practical go directly to article 10, but I did not care to make a controversy unanimity, would have adopted it. Therefore, believing as I do over it. that the reseryation may be -vitally essential to the interests of Mr. LODGE. There was no roll call. the United States and that under no circumstances can it be l\Ir. HITCHCOCK. There was merely a viva voce Tote. injurious to the proper and legitimate interests of any other However, I think the Senator from Michigan is correct. I nation, I shall support it. believe it would save time if we dropped these minor matters The PRESIDING OFFICER. The question is on agreeing to which are of less importance and come to a consideration of reservation No. 8. the vital principle contained in article 10, where :we differ Mr. SMITH of Georgia. Mr. President, the Senator · from radically on principle. There may be a chance to compromise Nebraska p~e§lented" strong reasons why we should ratify the the differences. We have tendered two opportunities to com­ treaty when he pointed to the fact that Germany could not promise. Certainly former· President Taft, who is a Republi­ now enter into a treaty in disregard of the treaty which she can, with a great Republican following in the United States has made with the other nations that have been at war with to-day, can not be charged with having put forward a proposi­ her, and that it was extremely important that we should ratify tion which is Democratic. He has put forward a compromise the treaty in order that we might participate in the adminis­ proposition which we are ready to accept. tration of the terms of the treaty applicable to ourselves. I l\Ir. TOWNSEND. I have never considered this question believe thoroughly in that "\iew, and it is for that among other from a partisan standpoint, and I ha"Ve regretted exceedingly reasons that I have been seeking reservations with which two­ that partisanship has been injected into it time and time again. thirds of.the Senate would ratify the treaty. Because Mr. Taft suggests a proposition does not necessitate But .the Senator from Nebraska has, by the course he has my indorsement, although I have a great respect for his pursued, thrown obstacles in the way of ratifying the treaty, ability as a lawyer and as a statesman; but this is a question and done so time and again. I think he is doing it in his1 of such vital importance that I must decide my own acti-on. criticism of the pending reservation. 'Ve ought to have adopte.:l Neither Mr. Taft nor Mr. 'Vilson ought ~to control the action this reservation without discussion and without hesitation. I

CONGRESS! ON AL RECORD-SENATE. ~lARCH 5,

Now, let us see what has happened with reference to it: It Mr. SMITH of Georgia. I \\--ill answer the Senator somewhat was before a bipartisan conference, and it was passed, at least furt~er, then. The power that this commission has is very ex­ tentatively, as not objectionable. A printed pamphlet has been tensive. It can be used with a view of checking imports. It published giving the history of that conference, and in that we can be ~sed for th!lt purpose; it might be used for that purpose; find the statement of the senior Senator from Massachusetts and this reservation declares our construction of the commis­ that- sion's power to the effect that it is not to be used for that pur­ reservations 3, 8, 12, and 13 were tentatively accepted by all without pose. change. Mr. KING. Mr. President, will the Senator permit an in­ At the close of this pamphlet is an interview with the Senator quiry? from Nebraska, in which he called attention to the different The PRESIDING OFFICER. Does the S€nator from Georrria views entertained as to the 1\fonroe doctrine and article 10, but yield to the Senator from Utah? b he did not suggest differences as to other reservations beyond l\fr. Sl\ITTH of Georgia. I yield. those where modifications -were agreed upon in the conference. Mr. KING. I have a great deal of sympathy with this reserva­ I think we had a right to conclude that reservation No. 8 was tion ; but as I recall that I voted against it before and I am passed as not objectionable. I do not mean that all of the inclined to vote against it now, because I do not see that the Senators thought this reservation necessary, but a Senator reservation-and I shall be glad to hear the Senator further in could accept a reservation that he did not think was necessary regard to it-will in any way whatever affect the powers of our if other Senators believed it necessary. Gove1:nment in dealing with Germany. Moreover, there is some, Now, let us come to this reservation. If we turn to the questiOn as to whether it would be proper, in view of the terms' treaty we will find that it provides that the reparation commis­ of the treaty, to obtain the change which the reservation would sion shall be unanimous in its action upon only a certain number imply was desired. of subjects, and those questions which may involve exports from Conceding that the reparation commission have the o-reat our country to Germany or imports from Germany to our coun­ powers attributed to them, powers which may be abused pobwers try do not fall within the number of those that require a unani­ which, if arbitrarily exercised, might subject Ger~any to mous vote, so they are left to be disposed of by a majority vote. humiliation and economic servitude, still it would seem thae The treaty states that the majority vote in other matters may there must be a commission charged with the duty of ,carrying: control; so that as to the powers given by the treaty that this into effect certain provisions of the treaty, of making distribu­ reservation seeks to guard against a majority can control. tion of the assets of Germany, of allocating the cattle and horses' Those countries are all purchasers of raw material, and the and other things to the various nations entitled thereto because·' United States is the great seller of raw material. We ship our of the wanton destruction by Germany of similar property in copper and our iron and our coal and our wheat and our tobacco Belgium and France and other places. There must be a com­ and our cotton to these countries. They buy them. They are mission charged with the· duty of seeing that certain terms of the interested in getting them as cheaply as possible, and Germany treaty of an economic character are carried into effect. Now is a buyer of all. Now, I do not believe that under a fair con­ this reparation commission has been charged with this responsi: struction of their powers the reparation commission would have bility. Suppose we should now declare that we construe the the right seriously to interfere with our exports or imports; but treaty as giving no authority to the reparation commission to the language is doubtful, and the powers are quite broad. If I interfere with our tariff laws; what good would it do? Any am right that they would not have the power, then this reserva­ promulgation of the commission would not interfere with our tion does not encroach upon their power. If they should take_ tariff laws. It is possible that the commission might interdict the view that they do have the power, then this reservaW>n will the importation into Germany of certain foods and products guard the United States and her interests. from the United States; but does this reservation affect their This is one reservation that I thought would please the Sen­ power to do that? ator from Nebraska [Mr. HITCHCOCK], because it is an inter­ Mr. Sl\ITTH of Georgia. It is a declaration upon our part that pretive reservation. It declares that the United States under­ we do not concede that they have the power, and that we con­ stands that the reparation commission will regulate or interfere strue the treaty as not giving them the power. with exports from the United States to Germany, or from Ger­ l\Ire KING. Let me ask the Senator if he does not think that many to the United States, only when the United States, by act in the proper administration of their duties, taking into account or joint resolution of Congress, approves such regulation or in­ the purpose for which the reparation commission was created, terference. Action by Congress would not be required for each they must have some power to determine to whom exports shall act of the commission. A general act could fix the extent of go, and of course that would affect the question of imports and interference to which we would consent. It simply says that we therefore determine, in part at least, from whom imports 'shall understand that by entering into this treaty we have not trans­ come. Have they not the power, and ought they not to have the ferred to the reparation commission power to interfere with our power, in order to carry out the work which would devolve upon· commerce where Congress ordinarily would regulate our action. them, to determine how and when payments shall be made? That is all it does. It is a declaration of our view of the mean­ There must be obtained from Germany so much in gold, so ing, and if we ratify this treaty it will reach on through the much to meet the various monetary obligations which were im­ operation of the reparation commission as a direction to our posed upon her. She will be :.,queezed to meet her war indemni­ representative upon it and as a declaration of our construction ties. Now, this commissicn is charged with the duty of enforc­ which will go far toward guarding against interferences which ing certain terms of the treaty. If Germany may trade indis­ might seriously disturb our exports or our imports. criminately, may export indiscriminately, may pay in gold, if The Senator from Nebraska said that he voted against many she pleases, for the cotton from the South, or the cattle from of these reservations because they were unnecessary. If they the plains of the West, or the copper from the mines of the were unnecessary, and did nothing, they certainly did not West, she may by those transactions interfere materially with nullify the treaty. the discharge of her obligations in cash to Belgium, to England, Mr. WALSH of Montana. Mr. President-- to France, and to other nations. The PRESIDING OFFICER. Does the Senator from Georgia It seems to me that the duties resting upon the reparation yield to the Senator from Montana? commission, in view of the ·theory upon which the treaty is 1\fr. SMITH of Georgia. I do. drawn, must grant them some power to interfere with German 1\fr. W A.LSH of 1\-Iontana. Before .the Senator passes from exports, and to some extent with imports, and that ftis reserva­ the discussion of the particular reservation now under consider­ tion would be a mere idle fulmination or an idle declaration ation, I should like to ask him if he will have the kindness to upon our part. give us a concrete case of injury to the United States which l\Ir. SMITH of Georgia. I do not Rgree with the view of the would be averted or guarded against by this reservation? What Senator. Broad powers are given to this commission, but I do is the danger at which this reservation is aimed? not agree that they have a right to put a stop to our exports to Mr. SMITH of Georgia. If there is no harm in it, what objec- Germany in any particular line, nor do I believe that they have a tion is there to it? right to prevent exports from Germany to the United States; 1\Ir. WALSH of Montana. Of course, that is another question. but the Senator's line of argument indicates that a different view. l\1r. S:UITH of Georgia. But it is quite an important question. might be taken, and this reservation is a declaration of inter­ :Ur. WALSH of Montana. Perhaps it is, but it is not my pretation to guard the interests of the United States. question. l\Ir. President, I think it was wise to postpo,ne action upon 1\:Ir. SMITH of Georgia. But it is my answer. article 10 until we have disposed of the other reservations. I l\Ir. ·wALSH of Montana. Very well. Then I take it that the think the best time to take up article 10 is when we have gotten nnswer of the Senator is that he does not know; he can not think rid of the other reservations, and have them substantially before of any such concrete case as that of which I speak, but all that the country, and they are understood; after w .... have shown un­ he can say for !t is that it can do no harm. questionably that they do not nullify the treaty; that they guard

r 1920. CONGRESSIONAL RECORD-SEN ATE. 3893

American interests only, that they wisely, either by interpreta­ Mr. LODGE. On that I ask for the yeas and nays. tion or by reservation, preserve to this country certain rights The yeas and nays were ordered, and the R~ading Clerk pro­ that we all hold dear. Take, for instance, the matter of man­ ceeded to call the roll. dates referred to by the Senator from Nebraska. He declares l\Ir. JOHNSON of South Dakota (when his name \Yas called). that no reservation on that subject was necessary; that it did not I have a pair with the Senator from Maine [l\Ir. FERNALD]. change the covenant. He differs from the view of the Presi­ Not being able to get a transfer, I withhold my vote. If per­ dent, for the President in his conference with the Foreign Re­ mitted to vote, I would vote "yea." lations Committee practically conceded that our representative l\Ir. JONES of Washington (when his name was called). The in Switzerland, acting under the direction of the Government senior Senator from Virginia [1\Ir. SwANSON] is absent on ac­ here-that is to say, the President himself..----could make the pre­ count of illness in his family. I promised to take care of him liminary agreement to put a mandatory upon the United States. by a pair during his absence. I find, however, that I can trans­ The sub equent execution of that mandatory would be with fer my pair with that Senator to the Senator from California Congress; but if our representative in Switzerland accepted it, [l\lr. JoHNSON]. I do so and vote" nay." under the direction of the President, and the President .approved l\lr. GRONNA (when l\Ir. LA FoLLETTE's name was called). it, what an embarrassing thing it would be for the United States The Senator from Wisconsin [Mr. LA FoLLETTE] is absent due thereafter ! to illness. On this matter he is paired with the Senator from Of course, if there was the freest conference in advance be­ Ohio (Mr. POMERENE]. tween the Senate and the administration, and the administra­ l\Ir. PHIPPS (when his name was called). I have a pair tion acted only after satisfactory assurance was given by the with the junior Senator from South Carolina [l\ir. DuL], Senate, which in foreign relations is made the constitutional which I transfer to the junior Senator from Vermont [l\Ir. ad\iser of the President, there might not be anY serious trouble; PAGE] and vote "nay." but not only in this administration but in prior administrations l\Ir. SPENCER (when his name was called). I have a pair there has been an assumption of authority entirely independent with the junior Senator from Tennessee [l\lr. McKELLAR]. I of the Senate, without the advice of the Senate, to negotiate transfer that pair to the junior Senator from Massachusetts and to act in foreign matters. I regard the reservation as to [1.\lr. WALSH] and vote. I vote "nay.'' mandatories as most important and valuable. It does not, how­ 1\fr. THOIUAS (when his name was called). I have a general ever, nullify the treaty. pair with the senior Senator from North Dakota [l\Ir. l\Ic­ Again, take the reservation with reference to our domestic CuMBER], who is absent. In his absence I withhold my affairs. The league covenant gave to the council the right to Tote. determine whether a particular dispute was solely domestic l\1r. TOWNSEND (\vhen his name was called). I am paired under rules of international law or whether it was mixed inter­ with the senior Senator from Arkansas [l\fr. RoBINSON]." I national and domestic. The council was to decide what ques­ transfer that pair to my colleague [l\Ir. NEWBERRY] and vote tions are solely domestic and whether it would proceed to in­ "nay." vestigate them. Our resenation provides that the United l\fr. WILLIAl\IS (when his name was called). The senior States will alone decide whether a question is domestic; and if Senator from Pennsylvania [Mr. PENROSE], with whom I have a we decide that it is domestic, we give no authority whatever to standing pair, is absent on account of illness. I transfer that the council to investigate it. The reservation does not nullify pair to the junior Senator from Kentucky [l\Ir. STANLEY] and the treaty. It simply takes out from under it our domestic vote" yea." questions. The roll call was concluded. Is there any American citizen who wishes some foreign power l\Ir. GAY. I have a pair with the senior Senator from New to determine whether our problems are solely dom~stic. or mixed Hampshire [l\Ir. MosEs]. In his absence I withhold my domestic and international, and take charge of them? vote. There has not been a reservation adopted here that nullifies l\Ir. KENDRICK. I have a general pair with the Senator the treaty, but they are reservations that clarify it and take from New l\Iexico [1\fr. FALL], which I transfer to the Senator us out from under certain provisions that no American citizen, from Arizona [Mr. SMITH], and vote "yea." I ask that the or very few American citizens, would wish placed upon us. announcement as to my pair and its transfer may stand for I again say with reference to this reservation that I believe the day. it a fair construction of the terms of the treaty, and the repara-· l\fr. HENDERSON. l\Iay I inquire whether the junior Sena­ tion commission could not interfere with our commerce, our tor from Illinois [l\Ir. l\IcCon:MICK] has voted? exports to or our imports from Germany under the terms of The PRESIDENT pro tempore. That Senator has not voted. the treaty as I construe it; but I rest with more confidence in 1.\fr. HENDERSON. I have a general pair with the junior Leir noninterference when we declare this interpretation as a Senator from Illinois [Mr. McCoRMICK] and in his absence I · part of the ratification of the treaty. withhold my vote. Mr. CURTIS. l\Ir. President, I suggest the absence of a l\Ir. FLETCHER. I have a general pair with the Senator quorum. from Delaware [Mr. BALL], and in his absence I withhold my The PRESIDING OFFICER (Mr. JoNEs of New Mexico in vote. the chair). The Clerk will call the roll. Mr. EDGE. I have a general pnir with the junior Senator The Reading Clerk cytlled the roll, and the following Senators from Oklahoma [1\fr. OwEN]. In his absence I withhold my answered to their numes: vote. If at liberty to vote, I would vote" nay." Borah Glass Knox Shields l\Ir. WATSON (after having voted in the negative). In the Brandegee Gore Lenroot Smith, Ga. Calder Gronna Lodge Smith, Md. absence of my pair, the Senator from Delaware [l\Ir. 'VoLcOTT], Capper Hale McLean Smith, S. C. I withdraw my vote. Chamberlain Harris McNary Smoot l\Ir. GAY. I transfer my pair with the senior Senator from Co1t Hf'nderson New o.:pencer Culberson Hitchcock Norris Sterling New Hampshire [Mr. MosEs] to the junior Senator from Cummins Johnson, S.Dak. Nugent Sutherland Arkansas [l\Ir. KIRB-Y] and vote "yea." Curtis Jones, N. l\Iex. Overman Townsend l\Ir. CURTIS. I desire to announce the following pa.il·s : Dillingham Jones, Wash. Phelan Trammell Edge Kellogg Phipps Wadsworth The Senator from Ohio [1\fr. HARDING] with the Senator from Elkins Kendrick Pittman Warren _ Alabn.ma [l\fr. UNDERWOOD]; and Fletcher Kenyon Poindexter The S-enator from 1\Iinnesota [l\lr. NELSON;] with the Senator Gay Keyes Ransdell Gerry King Sheppard from Mississippi [l\lr. HARRISON]. I wish also to announce that the Senator from Alabama [l\Ir. l\1r. GRONN.A.. I desire to announce that the Senator from UNDERWOOD], the Senator from Ohio [Mr. PoMERENE], the Sena­ Wisconsin [Mr. LA FoLLETTE] is absent, due to illness. tor from Minnesota [Mr. NELSON], the Senator from Delaware The PRESIDING OFFICER. Fifty-seven Senators have an­ [l\Ir. BALL], the Senator from Maine [Mr. FERNALD], the Sena­ swered to their names. There is a quorum present. tor from Tennessee [Mr. McKELLAR], the Senator from Missis­ 1\lr. LODGE. 1\Ir. President, I hope we may now vote on sippi [l\Ir. lliJmisoN], the Senator from Arizona [l\Ir. AsHURST], reservation No. 8. and the Senator from South Carolina [1\Ir. DIAL] are absent in 1\lr. HITCHCOCK. I offer the following substitute for the attendance at the funeral of the late Senator BANKHEAD. reserya tion. 1\Ir. GERRY. The Senator from Delaware [l\Ir. WoLcoTT] is The PRESIDING OFFICER. The proposed substitute will absent on public business. be stated. I have been requested to announce that the Senator from The Reading Clerk read as follows: Alabama [l\Ir. UNDERWOOD], the Senator from Tennessee [l\Ir. The United States understands that the reparation commission will in its control over German economic resources in no respect so exert its McKELLAR], the Senator from Mississippi [Mr. HARRISON], and x:-owcrs as to discriminate against the commerce of the United States the Senator from South Carolina [Mr. DIAL], if present, would with Germany. vote " yea " on this proposition. ' 389Lt CONGRESSIONAL RECORD-SENATE. r }fARCH 5,

The result was announced-yeas 23, nays 37, as follows: [Mr. HABRISON]., the Senator from Arizona [Mr. AsHURST] and YEAS-23. the Senator from South Carolina [1\Ir. DIAL] are absent i~ at­ Beckham IIarlis Overman Smith, Md. tendance at the funeral of the late Senator BANKHEAD. Chamberlain Hitchcock Phelan Smith, S.C. l\Ir. GERRY. The Senator from Delaware [l\fr. WoLCOTT] is Culberson Jones, N.Mex. Pittman Trammell Gay Kendrick Ransdell Walsh, Mont. absent on public business. Gerry King Sheppard Williams I ha\e been requested to announce that the Senator from Glass Nugent Simmons .Alabama [~lr. UNDERWOOD], the Senator from Tenne see [Mr. NAYS-37. McKELLAR], the Senator from Mississippi [Mr. HARRISON], and Borah Frelinghuysen McLean Smoot the Senator f..rom South Carolina [Mr. DIAL], if present, would Brandegee Gore McNary Spencer Calder Uronna New Sterling Yote " nay " on this pr6position. Capper Hale Norris Sutherland The result was announced-yeas 41, nays 22, as follows: Colt .Tones, Wash. Phipps Townsend YEAS-41. <'ummins Kellogg Poindexter Wadsworth Curtis Kenyon Reed Warren Borah France Lodge Smith, Ga. Dillingham Keyes Sherman BrandPgce Frelingh uysen 1\IcLran Smoot Elkins Len root Shields Calder Gore McNary . Spencer France Lodge Smith, Ga. Capper Gronna New Sterling Chamberlain Hale Norris Rutherlancl. NOT VOTING-3G. Colt Jones, Wash. Nugent Townsend Ashurst fif'nderson Moses Rmith, Ariz. Cummins Kellogg Phipps Wadsworth Ball .T ohnson, Calif. Myers Stanley Curtis Kenyon l'oinuexter Warrf' n Dial .Johnson, S.Dak. Nelson ~wanson Dillingham Keyes Reed Edge Kirby Newberry Thomas Edge Knox Sherman Fall Knox Owen Underwood Elkins Lenroot Shields F ernald La Follette Page Walsh, Mass. NAYS-22. McCormick Penrose Watson !•'letcher Beckham Hitchcock Pittman Thomas Harding McCumber Pomerene Wolcott Culberson Jones, N.Mex. ~IcKellar Robinson Ransdell Trammell Harrison Gay Kendrick Sheppard 'Walsh, Mont. So Mr. HITCHcocK's substitute for reservation No. 8 was Gerry King Simmons Williams Glass Overman Smith, Md. rejected. Harris Phelan Smith, S.C. The PRESIDENT pro tempore. The question is now upon NOT VOTING-32. agreeing to reservation No. 8. The yeas and nays have been Ashurst Henderson Moses Robinson ordered, and the Secretary will call the rolL Ball Johnson, Calif. Myers Smith, Ariz. The Reading Clerk proceeded to call the roll. Dial Johnson, S.Dak. Nelson Stanley Fall Kirby Newberry Swanson 1\fr. EDGE (when his name was called). I am informed that Fernald I,a Follette Owen Ur;derwood my general pair, the junior Senator from Oklahoma [Mr. Fretcher McCormick Page Walsh, Mass. OwEN], if present would vote in the affirmative, so I feel that Harding McCumber Penro e Wut on I am at liberty to vote on this question. I vote "yea." Harri-son McKellar Pomerene Wolcott Mr. FLETCHER (when his name was called). Making the Sore ervation No. 8 as reported by the Committee on Foreign same announcement as to my general pair as before, I am Relations w-as agreed to, as follows: obliged to withhold my vote. 8. The United States understands that the reparation commission will regulate or interfere with exports from the Unittd State to Germany 1\fr. JOHNSON of South Dakota (when his name was called). or from. q.ermany to. the United States, only when the United States by Making the same announcement of my pair that I made a ~i:eg~e.]ornt resolution of Congress approves such regulation or inter- moment ago, I withhold my vote. :Mr. JONES of Washington (when his name was called). TRANSFER OF MOT9R·PROPELLED YEHICLES-cONFERENCE REPORT. Making the same announcement of my pair and its transfer Mr. 'V .ADSWORTH. Mr. President, as in legislative session I that I made a while ago, I vote "yea." submit the report of the committee of conference on Senate b'm Mr. PHIPPS (when his name was called). Making the same 3037, for the transfer of surplus motor-propelled vehicles, which announcement as to my pair and its transfer as before, I vote I ask may be read. "yea." The report was read, as follows : l\fr. SPENCER (when his name was called). Making the same announcement regarding my pair and its transfer that I made a few moments ago, I vote "yea." The committee of conference on the disagreeing votes of the l\fr. THOMAS (when his name was called). Owing to the two Houses ou the amendments of the House to the bill (S. 3037) absence of my pair, the Senator from North Dakota [Mr. Mc­ to .authorize the Secretary of War to transfer, free of charge, cer­ CuMBER], I am unable to vote. If at liberty to vote, I would tam surplus motor-propelled vehicles and motor equipment to \Ote "nay." the Department of Agriculture, Post Office Department, Navy Mr. TOWNSEND (when his name was called). I transfer Department, and the Treasury Department for the use of the my pair with the Senator from Arkansas [Mr. RoBINSON] to my Public Health Service, and certain other surplus property to the colleague [Mr. NEWBERRY], and I vote "yea." Department of Agriculture, and for other purposes, having met, after full and free conference have agreed to recommend and l\Ir. WATSO~ (when his name was called). In the absence of my pair, the Senator from Delaware [1\fr. WoLCOTr], I with­ do recommend to their respective Houses as follows : hold my vote. If at liberty to vote, I would vote "yea." That the Senate recede from its disagreement to the amend-1 Mr. WILLIAMS (when his name was called). Repeating the ment of the House to the title of the bill and agree to the same. announcement made upon the previous vote concerning my pair That the Senate recede from its disagreement to the amend­ and its transfer, I vote " nay." ment of the House, and agree to the same with an amendment The roll call was concluded. as follows : At the end of section 5 of the House amendment add l\Ir. GAY. l\laking the same announcement as on the pre­ the following:" Pro'l/ided, That any State highway department to Tious vote with reference to my pair and its transfer, I vote which is assigned motor-propelled vehicles and other equipment "nay." and supplies, transferred herein to the Department of Agricul­ l\fr. HENDERSON. In the absence of my pair, the junior ture, may, in its discretion, arrange for the use of such vehicles Senator from Illinois [Mr. McCoRMICK], I withhold my vote. and equipment, for the purpose of constructing or maintaining l\lr. THOl\fAS. I transfer my pair with the Senator from public highways, with any State agency or municipal corporation North Dakota [l\lr. McCuMBER] to the senior Senator· from at a fair rental which shall not be less than the cost of main­ l\lontana [Mr. l\IYERs] and vote "nay." tenance and repair of said vehicles and equipment"; anti the l\lr. GRONNA. I desire to announce that the Senator from House agree to the same. Wisconsin [1\fr. LA FoLLETTE] is absent due to illness. If pres­ JAMES W. \V ADSWORI'H, Jr., ent, he would vote "yea." He is paired on this question with HOWARD SUTHERLAND, the senior Senator from Ohio [Mr. PoMERENE]. GEORGE E. CHAMBERLAIN, Mr. CURTIS. I desire to announce the following pairs: Managet·s on the part of the Se11ate. The Senator from Ohio [l\Ir. HARDING] with the Senator from JULIUS KAHN, Alabama [l\Ir. UNDERWOOD]; and JoHN C. McKENziE, The Senator from Minnesota [Mr. NELSON] with the Senator Manage1·s on the pa1·t of the Hottse. from Mississippi [Mr. HARRISON). I wish also to announce that the Senator from Alabama [Mr. Mr. W .ADSWORTH. I ask unanimous consent for the pres­ U "DERwooD], the Senator from Ohio [l\Ir. PoMERENE], the Sena­ ent consideration of the conference report. tor from Minnesota [l\lr. NELsoN], the Senator from Delaware The PRESIDENT pro tempore. Is there objection to the con­ [:Mr. B.u.L], the Senator from Maine [Mr. FERNALD], the Senator sideration, as in legislative session, of the conference re.Port from_ Tennes ee [l\Ir. McKELLAR], the Senator from Mississippi which has just been read 1 The Chair hears none. 1~20. OONGRESSION AL RECORD-SENATE. 3895

l\Ir. TOWNSE:J\""D. I desire to ask the Senator from New Mr. SMOOT. Then, Mr. President, why not leave the reading York whether the Teport includes any provision for the b·ans­ of the letter until the repor.t is made from the committee and fer of airplanes to tbe Post {)ffice Department? have it read at that time? l\lr. "\VADSWORTH. No; Mr. President, this bill covers only Mr. FRELINGHUYSEN. Because I believe that the resalu­ mot or vehicles and road-making machinery. tion at the present time is not appropriate, and that another l\lr. TOWNSEND. I did not distinctly hear all ,of the tead­ resolution should be offered asking for further information, ing of the report, but I understand from some remarks made which I intend to submit a,t once. to me that it does. We have a provision in the Post Office ap­ l\lr. SMOOT. It seems to me that it is merely encumbering propriation bill on the subject, and I do not want any conflict the' RECOIID to read the letter now, particularly if another reso­ to occur in the matter. lution is to be offered. l\1r. WADSWORTH. For the transfer of airplanes? l\Ir. FRELINGHUYSEN. I will read the letter myself. l\Ir. TOWNSEND. I had ·so understood. The vehicles men­ l\fr. Sl\100T. That is all right. The Senator can do that. tioned in the bill are referred to as motor-propelled vebic.les l\1r. FllELINGHUYSEN. l\Ir. President, I wish to say in this and airplanes, also construed to be motor-propelled vehicles. I connection that I believe that this is a question in which an of merely wanted to know if this legislation covered that class of the parents of those who lost their lives on the other side are machines, because, as I have said, we have provided for them deeply interested ; and if the experience of other Members of in the Post Office appropriation 'bill, and I did not want any the Senate is the same as mine, I know they are continually conflict to occur. I did not believe the Ianoouage did ,include being appealed to 'in order to ascertain definitely what the policy them, but my attention was called to it, and I therefore desired of the W' ar Department is in regard to the disposal of thes~ to ask the opinion of the chairman of the Committee on Mili­ bodies. tary Affairs. This letter r€ads as follows; Mr. WADSWORTH. The term "motor-propelled vehicles" WAR DEPARTME:.'

future which is quite as essential for the welfare of the world THJ: ATTITUDE OD' THE PRESIDENT. as it is necessary for our own protection and development. Mr. SPENCER. I can well understand how my colleagues Second. That it is absolutely essential to interweave with pro­ upon the other side of the Chamber may hesitate to act in viola­ visions of any possible ratification such American Safeguarding tion of the expressed will of the President of the United States reservations as \vill entirely protect· the rights of our own or in contradiction of what they believe to be his position in country. regai·d to the· matter. Third. That the judgment and conscience of more than two­ · If the President would but consider bow difficult he has made thirds of the Senate of the United States is in full accord with it to ratify the treaty, it would seem that some cooperation and the principle of such American safeguarding reservations, and help might now be expected by the country from his hands. Any tl1at the differences which interfere with the expression of the intimation on the part of the President to the Senate that he requireu two-thirds majority of the Senate are differences which would not oppose the exercise on i{s part of its own judgment are in no sense fundamental. in the matter, but would leave it free to act as it thought The 14 reservations which have already been approved by a best for the interest of the country, would instantly clarify the majority of the Senate do protect every essential interest of our situation. own country, and the mere fact that some of them may, in the Look at the facts and let the undisputed record speak. judgment of some Senators, protect our own country more than In the first place, the h·eaty is a one-man treaty. It is the is necessary is no reason for their rejection. It is far safer and first time this has ever happened in any matter of such im­ wiser to . safeguard the essential rights of the United States portance in the history of our country. Always before this more than is necessary than to fail in any degree in providing time a treaty was first negotiated either by our ambas ador or adequate protection, and differences of opinion in regard to the commissioner, who exercised his best judgment in the matter, matter ought to yield in favor of our own country. and the treaty was then returned to the State Departmentr 'vho, More thnn this, when a series of reser>ations, after months of in the second· place, gave it careful consideration. It was then consideration and debate, have finally been accepted by a major­ presented to the President, who, in matters of importance, went ity. of the Senate, nothing less than some vital principle which over the matter himself. There were three independent and is dangerous to the Republic and obnoxious to conscience or careful examinations, which were conducive to safety, and after judgment is sufficient warrant for the rejection of a treaty these three examinations the treaty was then presented to the that is so intimately related not only to the future of our own Senate and was naturally received with all the more confidence Nation but to the welfare of the world. because of the ca1·eful method pursued in its negotiation. So far as I have beard or read what bas been spoken upon In the present treaty it is not unfair to say that the President the :floor of this Chamber, I find no serious contention that any alone donlinated the matter from the beginning. He left this one of the reservations is dangerous to the United States or country and went across the sea to conduct the negotiations him· repugnant to the conscience or judgment of the Ame1ican people. self. He took with him four estimable gentlemen, but theit· The most that has been said against any of them, or all of judgment had no weight whatever. In the question in regan] to them, is that they are either unnecessary, or that they are Shantung at least three if not four of the American commission­ poorly expressed, or that they go further in their effect than is ers were conscientiously opposed to it, but the President

had presented the German treaty and more than a month after RESERVATION NO. 1. the French treaty had been agreed to. This reservation has to do with the rigbt of the United States Important as these facts are because of the light which they to withdraw from the .covenant of tbe League of Nations. It throw upon the attitude of the President with regard to the is provided in the covenant itself that on two years' notice any St:'natt:', they do not and must not in any sense influence our member of the league may withdraw from tbe league- action in regard to the treaty. "Provided that all its international obligations and a1l its The questions raised by the treaty are as far removed from obligations under this covenant shall have been fulfilled at the any feeling of personal indignation as they are removed from time of its withdrawaL" the field of partisan politics. At most these incidents indicate The reservation does not in any sense deprive the President merely the need of particular care in the consideration of the of the United States of the rigbt which he possesses, by virtue treaty in order that the rights of our own country may be en­ of his office, to himself give notice of withdrawal at any time tirely safeguarded, because manifestly American interests were he so elects to do, because the Jri.nguage of the treaty expressly far in the background in the negotiation of the treaty of Paris. provides that " any member of the league inay give notice of STATEME:XTS BEFORE MISSOURI LEGISLATURE. withdrawal." · · · I said before the Legislature of Missouri almost a year ago, If. the United States becomes a member of the league, the one on March 25, 1919, with regard particularly to the Monroe doc­ officer, under our Constitution, who represents the United trine but applicable to our domestic questions, that before the States in international relations is the President. He alone treaty ever could be ratified or ever ought to be ratified- speaks t~ other nations in the name·of this country, and, there­ fore, notice of withdrawal of the United States may be given It must be written in any constitution of the J~engue of Nations to which tbis Nation is a party, so clear that the wayfaring tpan may read by the Chief Executive, and he can give that notice any time he and understand, that nothing contained therein shall be construed to may think best and his act is unimpaired by the reservation imply :1 relinquishnwnt by the United States of its traditional attitude as it. reads. · toward purely American questions. The reservation, in addition and not in depri\ation of the A.t the same time, regarding the danger to our own inde­ powe1· of the President, adds to the President's unquestioned pendence of action in the future, which threatens this country power the additional right by concurrent resolution of·Con(J'ress in the orig·in3.l terms of the treaty, I said that there- to give the same notice. Without this reservation it · ;ould must be incorporated in any constitution of a League of Nations to follow that the President alone could give notice of withdrawal whi<'h ":e are a party the recognition, not uy inference or uy inter­ and it is this situation which the reservation seeks to· correct: lineary wterpretntion but by dear, ringing, positive declaration that It is quite within the power of any nation negotiating a treaty in all our relations in the affairs of the world the Constitution ~f the United States is absolutely supreme in regar

11 the league." This reser.... , atJ·on h as t o col WI·th tl1e l.\f onroe d oc t nne· o f the Does this mean that the commerce of Germany and England United States. shall have free access to the United States? Does it mean The Monroe doctrine of the United States was announced that the principle of protective tariff, which has become in- December 2, 1823, nearly 100 years ago, in a message of Presi­ corporated in the economic life of this country and upon the dent Monroe to Congress. It proclalmed to the world the gen­ safety of which the wages of American labor and the invest- eral principle that the United States did not intend to inter­ ment of American money in American industry depends, is in fere with the problems of Europe, and, on the other hand, that ­ any sense to be surrendered or endangered? Is it possible that the United States would not look with favor upon any inter­ when the next tariff law is enacted any of the signatory ference by Europe with problems that had to do particularly nations to the covenant will be in a position to say to this with the 'Vestern Hemisphere. The principle has been some­ country : what extended, and, with nearly 100 years of acquiescence on , You have agreed to give free transit to our commerce and you th t f th d can not therefore in honor impose any tariff upon our commerce which e par o e worl , it has become established that the United may interfere with such free transit unless the tariff which you Impose States will not permit any autocracy or monarchy to secure is absolutely necessary for revenue. for any reason a foothold upon this hemisphere. North and I do not think this will be the interpretation of this section Central and South America are essentially a territory of Re­ of the covenant, but no man can say that such an interpretation publics. The United States is the greatest Republic of them is impossible or even improbable, and it is to put the matter all. We believe in a form of government by which the people entirely beyond doubt that the reservation is necessary. rule, and we do not propose to allow the contagion of mon- The same necessity for a reservation exists with regard to archies and autocracies to be brought to our very threshold. the subject of immigration. The entire western portion of the No power has ever definiely assented to the principle of the United States would rise in arms against any general agree- Monroe doctrine. At least twice the principle has been directly ment to admit Japanese or Chinese to this country on terms involved in international negotiations-once with Great Britain of equality with other nations and allow them the same rights and once with Germany; once under a Democratic President, · of naturalization and citizenship which the citizens of other l\Ir. Cleveland, and once under a Republican President, Mr. Roose- nations enjoy. velt-and each case had to do with Venezuela. In the German Mr. BRANDEGEE. l\Ir. President-- case, as I remember, there were certain obligations probably The PRESIDENT pro tempore. Does the Senator from Mis- 1 justly due to Germans which rose in Venezuela, and the Ger- souri yield to the Senator from Connecticut? i man Government indicated its intention of seizing some port in l\Ir. SPENCER. Certainly. Venezuela or taking other steps to enforce the demand, which l\Ir. BRANDEGEE. On the question of traffic, which the was believed by them to be the righteous demand of their na­ Senator has just finished, has any information whatever been tionals. The United States interfered and announced that under given to the world so far as the Senator knows as to what the the Monroe doctrine, while Germany could exert any economic authors of that provision of the league intend by it or what pressure to enforce her claims that she liked, we would not it does mean in their opinion? allow her to occupy for a single hour a single foot of Venezuelan Mr. SPENCER. So far as I am informed, I know of none. territory, because such occupancy would be in violation of our The thought came to me when I studied the article, as it doubt- established Monroe doctrine. After diplomatic negotiations, less came to the Senator from Connecticut, as being a possible which approached the danger point, and when Germany found interpretation, though I am free to say it may not be a probable that the United States was unchangeable in its determination interpretation. to defend the Monroe doctrine, she gave a shrug of her diplo- 1\Ir. BRA.NDEGEE. If the Senator will allow me, no one matic shoulders and, in effect, said, "Well, if you feel that knows what is possible or probable that is to-be interpreted by way about it, let us talk about something else"; and the inci­ the league itself. From the beginning I have regarded that as dent was closed. She had acquiesced in the Monroe doctrine. ~re of the most dangerous provisions in the covenant, because, Great Britain did precisely the same thing when the question as the Senator knows, the great commercial transactions and arose between the U~ted States and that great country. 3900 CONGRESSIONAL RECORD- SENATE. l\iARCll 5,

The first edition of the League of Nations contained no refer- Mexican ambassador sitting upon the other side of the table ence whatever to the Monroe doctrine. American protest in negotiating about Lower California, and could witness the con­ this matter was prompt and general, and the second edition had elusion when the Japanese ambassador said, "There is your a grudging reference to the Monroe doctrine. in the following money," and the 1\lencan ambassador replied, "There is your language: deed," the transaction would be complete. If either one of them .ART. 2L Nothing in this covenant shall be deemed to effect the had lifted his eYes ever so little, he would ha\e seen the strong validity of international engagement, such as treaties· or arbitration or uplifted arm of the manhood of the United States declaring to regional understandings. like the Monroe doctrine, for securing t.tle the ambassador of Japan, "You dare not buy," and to the am­ maintenance of peace. bassador of Mexico, "You dare not sell property that shall come No sooner had this provision been made public than the Eng- under the domination of Japan and that lies upon the threshold lish press and English statesmen gave clear expression to their of the Americnn Repub-lic." interpretation of the matter, and· it was all to the effect that Yet, -n·ith that sale consummated, or to be consummated, and under this provision the United States had surrendered its \vith Lower California a part of the territorial integrity of Monroe doctrine as a great national policy and that whether or Japan, there is not a man in the Senate who does not know that not any matter in the future involved the Monroe doctrine the news of tbat transaction would not be 24 horu·s old before would be a question not for the United States to determine, but an American Army would be marching to Lower California, ahd for the council of the League of Nations to pass judgment upon. th~ Japanese outpo ts upon the point of 1\fag.dalena Bay w

Mr. SPENCER. I think the Senator is quite right, provided which he has taken and the very clear exposition which he has this reservation is written into the treaty, in his conclusion that given of the Monroe doctrine. I do not wish to assent to his· with the :Monroe doctrine clearly proclaimed as an American proposition, nor do I wish to dissent from it, that by the affirma­ policy it would have an international standing far more secure tion of the ' Monroe doctrine we have infringed upon the sov­ than it now has. , ereignty of the Republics to the south of us. That is a quJrstion i Mr. KING. Mr. President, will the Senator permit me to that is rather delicate to discuss. But, 1\Ir. President, I do.: trespass upon his time? deny the proposition that if we fail to join the League of Na-1 1\Ir. SPENCER. I will, with pleasure. tions and the Republics to the south of us do become members I · Mr. KING. If I understood the position of the Senator from of the League of Nations the 1\Ionroe doctrine is overthrown Rhode Island, it was that if the United States failed to sign the and, to use the language of the Senator, those Republics would l treaty and become a party to the league, the Monroe doctrine, so take refuge under this new alliance. · far as the South American Republics were concerned, would fall Will the Senator permit me just to invite attention to to the ground and be inoperative. article 21? If I understand the position of the Senator correctly, I do not Nothing in this covenant shall be deemed to afrect the validity of t::ink that position is tenable, and yet I would defer very much international engagements, such as treaties of urbitration or regional ! to the superior knowledge of the learned Senator from Rhode understandings like the Monroe doctrine. Island. The treaty itself, without our being a signatory to it, Those Republics to the south of us, if they join the League of 1 contains a recognition of the Monroe doctrine. I concede, of Nations and we do not give approval to that section to which I course, that the interpretation placed upon it by many, wherein have just called attention, recognize the Monroe doctrine as a the language is used that it is a regional understafuling, leads vaJid and subsisting regional or international obligation or them to give a different exposition to the treaty and to the mean­ understanding. I do not care whether you call it an interna-· ing of the treaty than that for which I contend. But, assuming tional or whether you call it a regional understanding. They that those words do imply a recognition of the Monroe doctrine, would recognize it as a living, vital force or power, moral or whether you call it a regional understanding or a rule of inter­ legal, I do not care how you designate it, existing in the national law, it is named there as a fact; it is recognized as an world, and they would be subject to it, and they would ex­ understanding; and if it is only a regional understanding rather press their approval .of it by becoming members of the League of than an international understanding, I insist, nevertheless, that Nations. the 1\lonroe doctrine would be preserved and is recognized in the 1\Ir. COLT. Does the Senator believe that Mexico would treaty whether we become signatories to the treaty or not; and recognize it? therefore the South American Republics could rely upon the Mr. KING. 1\fr. President, the Senator has just assumed, 1 Monroe doctrine if they desired; or, rather, say that it was in in the position he has taken, that they do join the League 1 force, even though the United States did not join the League of of NationS, alld the only reply I am making is based upon , Nations. the assumption in which the Senator indulged. The Sen­ 1\Ir. BRANDEGEE. 1\Ir. President, if the Senator will permit ator said in his very first sentence that if these Republics to · me, I should like to ask him, if I understood him correctly : the south of us join the League of Nations and we do not, then , Does he claim that if we enter the league under the reservation the Monroe doctrine is overthrown, because they will take' in relation to the Monroe doctrine already adopted by the Sen­ refuge in this new alliance; and, predicating the remarks which . ate, the other members of the league have thereby recognized I have made upon the supposition which he has given, I am the Monroe doctrine as binding upon them as a doctrine of inter­ assuming that they have joined the League of Nations; and national law, as stated by the Senator from Rhode Island? if they join the League of Nations, then they ap.prove of ) Mr. SPENCER. I wish that were true, but it is not true. the 1\Ionroe doctrine, and they will call it into recognition or 1\Ir. BRANDEGEE. I misunderstood the Senator, then. As may call it into recognition, so far as they have the power to I understand, all tl1ey would agree to, if they accepted this res­ do so, whether they are in the League of Nations or not. Of ervation as required by the preamble, is that we shall be the course, I admit that it is unilateral that we alone could enforce sole interpreters of our Monroe doctrine; but they do not bind the Monroe doctrine; but, at any rate, there is no repudiation · themselves to recognize it as we may interpret it. of the Monroe doctrine by them if they join the League of 1\Ir. SPENCER. No ; and there is no definition of the Monroe Nations and we do not, but, upon the contrary, so far as they doctrine, either in the covenant or in the reservaiion. can they approve of the Monroe doctrine and give it the same 1\fr. BRANDEGEE. No. sanctity and the same solemnity and the same international 1\fr. SPENCER. But, undoubtedly, if we entered into the obligation as if we became a member of the League of Nations. league with the reservation concerning the Monroe doctrine also I thank the Senator from Missouri for his very great incorporated in the covenant, we would then have an interna­ courtesJT. tional recognition of our right alone to interpret the Monroe 1\Ir. SPENCER. 1\fr. President, reservation No. 6 has noth­ doctrine, which we have not to-day; and if we do not go into ing to do with the League of Nations, but relates to one of the the League of Nations, then we would have our right to alone shameful provisions of the treaty of peace itself. It withholds interpret the Monroe doctnne, backed by ourselves and backed the sanction of the United States from those infamous pro­ by . any other nation that might acquiesce or agree with our posed sections-156, 157, and 158-of the treaty by which all view, but not necessarily backed by all the nations signatory to the rights which Germany claimed in China are turned over the covenant, as it would be if we went into the League of Na­ to Japan. These provisionS" are the culmination of a long tions and the reservation were made a part of the covenant. series of unjust and regrettable international arrangements, Mr. BRANDEGEE. Provided the other members of the league every one of which is repugnant to that sense of justice which accept the reservation. fortunately pervades the United States and which, please God, Mr. SPENCER. Quite true. may in this country never be diminished or destroyed. In l\1r. COLT. 1\Ir. President-- brief, the history of it is as follows: The PRESIDENT pro tempore. Does the Senator from 1\fis­ In 1896 and 1897 Germany indicated clearly her determinecl} souri further yield to the Senator from Rhode Island? policy to acquire for herself territory in China. Mr. SPENCER. I do. In .1898 when two Christian ministers of German citizenship 1\lr. COLT. If the Senator from Missouri will pardon me, I had been killed by a mob, Germany promptly seized the oppor­ beg to say a word in reply to the Senator from Utah. tunity of making this unfortunate incident a basis for the per­ The Monroe doctrine is essentially a doctrine of the United emptory demand of the desired rights in Shantung. It had no States of America. The Central and South American Republics more foundation in justice than, as has been well said, would view it with some apprehension. They do not like, in a way, exist if as a result of mob violence .in the city of Baltimore a the overlordship. Now, if the Central and South American citizen of Great Britain should be killed and the unfortunate States join this new alliance of the league, they will regard incident should be made the demand for the cession to England themselves as outside of the protecting power of the Monroe of the Chesapeake Bay and its adjacent territory. doctrine. Hence, if we do not join the League of Nations, and Soon after the war broke out in. 1914 the Chinese Government they form a new alliance, notwithstanding the indefinite lan­ was anxious to eXl)el the German forces from Chinese territory, guage that there is in the covenant, I maintain that the Monroe and under the circumstances was able to do so. This would doctrine as an American doctrine falls to the ground. have brought China directly into the war, but Japan with great Mr. KING. Mr. President-- vigor insisted that China should not act in the matter and pre­ l\1r. SPENCER. I yield to the Senator from Utah. vented her entrance into the war upon the side of the .Allies, 1\Ir. KING. I thank the Senator from Missouri for his while J"apan herself, at an almost negligible cost of men or ma­ courtesy. terial resources, dispossessed Germany from her Chinese posses­ Mr. President, if the Senator from Rhode Island will pardon sions. It is significant that Japan in thus dispossessing Germany.: me, I desire again to express my dissent from the position did not content herself alone with the acquisition of the terri- .

COi~ G-R_bJSSION.AL RECORD_:SEN ATE. MARcn-5, tory which Germany had acquired but landed her troops a hun­ Consistent with Uie pu!'pose that runs through every reserva­ dred and fifty miles in the interior and took military control of tion, we leave the future action of this country in this matter a far greater extent of territory than Germany had ever pos­ unfettered, and refusing the consent of the United States to the sess~. · iniquitous surrender of Shantung to Japan, we hold ourselves In\"1.915 Japan, by the threat of force and by dominating dip- free in the future to act in the m~tter as opportunity may per­ lomatic insistence, compelled an tmwilling China to agree that mit and justice may require. the rights of Germany should on the termination of the war be RESEHVATION :SO. 7. transferred to Japan. Japan ·with great cunning secured, ow­ This reservation has nothing to do with the League of Nations, ing to the stress of world conditions, a secret agreement from but does refer to the many provisions of the treaty itself which England and France and Italy that they would consent in the provide for a large number of necessary commissions, commit­ final treaty with Germany to such acquisition by Japan of all tees, and other tribunals to consider and adjust questions of Germany's rights. - reparation and boundaries and values growing out of the compli­ It is, as I have said before, inconceivable that the representa­ cated details of the treaty itself. tives of the United States at the peace table who have asserted In many of these commissions it is provided in the treaty that that the first knowledge they ever had of any such agreement the United States shall have a representative. In very few of between England, France, Italy, and Japan regarding Shantung them is it either wise or necessary that the United States should came to them at Paris should ever have consented to proceed take any part. They have mostly to do with matters that affect with the negotiations until these secret arrangements of such the nations involved and only the nations involved. Our country, vital importance to the future welfare of the world were by neither sought nor is it now claiming any of the territory of the the consent of all parties thereto entirely abrogated, so that the enemy. 'Ve never have had and do not now advance any desire conference at Paris might begin their negotiations unencum­ for the land of other nations, nor do we seek indemnity for the bered by secret arrangements of which the United States had no enormous cost in which the war involved us. Therefore, the ne­ prior information. One would h~ve thought that the Presi­ cessity of our participation in these essentially European matters dent-who has himself asserted that he had never before heard is not apparent. of this agreement between England and Italy and France and Wherever the interests of the United States can be at all Japan, by which Japan was to receive the territory which Ger­ affected by the action of any commission, tribunal, or committee, many held in China, and that he first learned of it in Paris­ we must, of course, have a representative. But where the inter­ would promptly have said to his associates something like this : est of the United States is not at all concerned there can be no "Gentleman, I learn for the first time of the secret treaty need for any American representative, unless, in a comparatively which you have made between yourselves. I do no,t impugn the few cases, our connection with such a tribunal might be desirable motive or the necessity which may have been the cause of its as an act of courtesy to our allies and of help in the difficult original creation, but as we now come together to consider the problems of adjustment. welfare of the world, and to consider it alone upon the prin­ The reservation itself does not change the composition of a ciples of honor and of justice, I say to you in the name of the single committee or commission or tribunal, but it does provide United States that before we enter upon this conference that that there shall be no American representatives appointed ex­ secret treaty, by the consent of every one of you who form~d it, cept in accordance with such provision therefor as may be made must now be laid upon the table and canceled, in order that by the Congress of the United States. we may proceed, unfettered by secrecy, to do now what is right In other words, the reservation declares the principle that the in the matter. I will not enter into a conference with my hands American people, through their representatives in Congress, tied by a secret arrangement concerning which I had no in­ must first determine whether the United States ought to have formation whatever." representation on these European commissions, and when it has But such action was not taken at Paris. The treaty of peace been so determined to provide for their appointment and powers was negotiated with provisions which did give to Japan the and duties. very territory in China which England and France and Italy RlllSERVATION NO. 8. had secretly agreed with Japan should be given to her, and that This reservation, like its predecessor, has nothing to do with treaty is now an accomplished fact and in practical operation. the League of Nations itself, but deals entirely with a provision Germany has already ceded her rights in Shantung to Japan. of the treaty. Japan is ip. actual possession of this part of the Shantung In the treaty the provision in regard to a reparation commis­ Peninsula, and nothing that we can do will dispossess her sion gives to that commission large powers which are so broad unless, indeed, by very force we eject her from the peninsula. in their language as to warrant the fear that in carrying out If we adopt amendments, as some have urged, which expressly their plans they may establish regulations or rules which shall cede Shantung to China and take Shantung away from Japan, vitally interfere with exports of the United States into Germany we ought to make it effective. or with imports into the United States from Germany, and the If the United States in its wisdom actually transfers terri­ reservation safeguards the rights of our O\Vn country only to the tory from Japan to China, we ought to see to it that such trans­ ex~ent of providing that so far as this country is concerned it fer on our part is accomplished, otherwise it is nothing but a must be understood that no decision of the reparation commis­ verbal bubble that by its very lack of substance suggests its sion can effect American exports or imports without the approval insincerity. of the Congress of the United States. Is it not also apparent that by amendments to the treaty, It may be that there is no necessity for this reservation and whether we proceed to enforce them by war or not, we are that the reparation commission will not in any event inter~ intermeddling in the most aggravating manner in the quarrels fere with American exports or American imports. If such is and disputes of the Far East? We seek to change an existing the final interpretation of the treaty, then, at most, this reserva­ condition of territory of which we disapprove, and not only ex­ tion would be mere surplusage and can not in any event work pre. s our disapproval but actually take the disputed territory any injustice to any nation. On the other hand, if the repara­ and give it to another. There could be no greater intermeddling tion commission should attempt to interfere with American ex­ in the affairs of the Far East than this. ports or American imports, the necessity of some such American If we adopt amendments we are not helping China in the safeguarding reservation as the one now being considered is least. We do not change by a hair's breadth the existing con­ most manifest. dition of Japan's possession of the Shantung Peninsula. We The reservation is brief, and reads as follows: do nothing more than create a diplomatic situation which ren- The United States understands that the reparation commission will regulate or interfere with exports from the United States to Germany, ders real help to China more difficult in the future. _,~ or from Germany to the United States, only when the United States by Amendments to the treaty in this matter would be as unwise act or joint resolution of Congress approves such regulation or inter~ as they would be ineffective. . ference. The reservation does not change the provision of the treaty, UESERVATION NO. 9. infamous though it is, because such a change is impossible in the No one knows what will be the expense of the League of situation in whi.ch we now find Japan and China; but it does Nations, or of the secretariat provided by its terms, or of the provide that- commissions, committees, or other agencies which are set up bY. The United States withholds its consent to articles 156, 157, and 158 the treaty. An estimate has already been made by an intelli­ a.nd reserves full liberty of action with respect to any controversy which gent and experienced accountant, who is himself familiar with may arise under such articles. international matters and a lawyer of standing, and who asserts We place upon that Shantung provision of the treaty the that the annual cost of carrying out the League of Nations and stamp of our disapproval, and we absolutely refuse to sanction the accompanying treaty provisions will amount to over it or to become a party to it, and we practically give notice to $1,000,000,000. the world that at the first opportunity we will in every way in In my own judgment this amount is tremendously in excess :. our power attempt to correct that great iniquity. of any possible cost that may accrue, but in any event there will

' 1920. CONGRESSIONAL RECORD-SENATE. 3903

be a substantial amount of money which it will be necessary to ing all business r~lationship hetween the citizens of the United provide, and the treaty requires that all the costs incident to States or others under its control with the citizens of Greece the carrying out of these provisions shall be borne by the re­ or Italy. spective nations in the same proportion in which these nations The provision of this article of the covenant of the League o.f bear the expense of the International Bureau of ·the Universal Nations is so broadly drawn that in the illustration which I Postal Union. have just given it would require the United States to cease all The reservation does not change the liability of the United business connection with any citizens of Greece or of Italy; States to provide its full share of any necessary expense, but who might be living within the borders of our own country at it does clearly announce to the other nations that before the the time. In other words, if it became necessary for this United States can be called upon for money for these purposes country to carry out this provision of the covenant of the there must be an actual appropriation of funds for that purpose League of Nations as against Italy or Gre-ece, it would. follow by the Congress of the United States. The reservation carries that no American could have his shoes shined in a place where out a wise business rule that there must be an estimated budget Greek boys were doing the work, because that would be the of required expense and provision made for payment before transaction of business between nationals of the United States definite obligations are created. and nationals of Greece. - The reservation reads as follows: It would prevent any citizen of the United States from buying The United States shall not be obligated to contribute to any ex­ any fruit from an Italian fruit vender for precisely the same penses of the League of Nations, or of the secretariat, or of any com­ reason. It would absolutely terminate any business relation mission, or committee, or conference, or other agency, organized under the League of Nations or under the treaty or for the purpose of carry­ of any kind, however insignificant, which any citizens of this ing out the treaty provisions, unless and until an appropriation of funds country might desire to have with any citizens of Italy or available for such expenses shall have been made by the Congress of the Greece wherever it was intended to carry on that business. United States. R.ESERVATION NO. 10. All that the reservation does is to limit the provision of this economic pressure by providing that in our discretion we may, Article 8 of the covenant of the League of Nations very wisely recognizes- permit our nationals to deal with the nationals of the covenant­ breaking States who reside in this country or who are living that the maintenance of peace requires the reduction of national arma­ ments to the lowest point consistent with national safety and the en­ outside of the territory of the covenant-breaking country, so forcement lfy common action of international obligations. that in case we were required to discontinue all business rela­ In effectuating this principle the same article provides that tions with Italy or with Greece, we would not be put in the the council of the League of Nations, after an examination of absurd and difficult position of breaking our own solemn obliga­ the military and naval strength of each nation, and with due tion if we had dealings at home with such citizens of Greece · consideration to its geographical situation and circumstances, or of Italy as Inight at the time be residing in the United States shall formulate a suggested plan for the reduction of national or in Canada or in any other place outside of Greece or Italy armament by each nation .and shall submit that plan to the while it would leave the entire article in full force with regard nation concerned. to all commercial relationships between this country and the It is further provided that if such nation, on consideration nations of Greece or Italy. of the proposed plan for the reduction of its armament, shall RESERVATIOX NO. 12. consent thereto, that in such event such consenting nation shall This resenation also has nothing to do ,with the League of not in any event subsequently increase its armament as thus Nations, but relates mainly to sections 296, 297, and annexes agreed upon without the consent of the council. thereto, of the treaty itself. These two articles of the treaty It is a provision that has much merit and is well worth a have to do with the settlement of the debts and property rights trial. The Senate, however, quickly realized that even though and interests which were interfered with by the war and which the United States might agree to such a reduction of its Army were due when war was declared or became due while the war and its Navy, n~ertheless that there might come an occasion was in progress between the nationals of the United States and when, in the event of an attack upon the United States by a its associates on the one side and the opposing nations upon the foreign foe, there would be an in1mediate necessity of increasing other side. its Army or its Navy, and that there would be no time to secure There is a large amount of property belonging to citizens of the consent of the council, especially because, under the pro­ Germany which was taken possession of by this country because visions of the covenant of the League of Nations, to obtain such it was in this country at the time of the war, and there is a consent it would require a unanimous vote of the council so certain amount of property belonging to the citizens of the that any objecting nation might prevent the United States f~om United States which was taken possession of by Germany be­ thus protecting itself against invasion. cause it was in Germany at the time of the war. There is a The resermtion safeguards this situation and provides that Yast amount of property interests of one kind and another be­ this country reserves to itself the right "to increase such arma­ longing to citizens of the respective nations which must be ad­ ments without the consent of the coundl whenever the United justed now that the war is over, and in these two sections o:l!o States is threatened with invasion or engaged in war." It is the treaty, and also in other parts of the treaty, there are pro­ difficult to understand how any American can have the slighteSt visions made for adjustment of these debts and property rights objection to such a reservation which so clearly stands for the and interests. protection of his own country. . The reservation pro·ddes that in the settlement of these mat­ RESERVATION NO. 11. ters it must be clearly understood that the United States, if it Under article 16 of the covenant of the League of Nations signs the treaty, does not confirm nor ratify nor approve any act it is provided tl1at in case any member of the league shall in connection with such adjustment that is in contrayention "re ort to war in disregard of its covenants" that it shall of rights of citizens of the United States or is in violation of "ipso facto be deemed to have committed an act of war against law. It is another one of those protective reservations which all the other members of the league," and that eve.t:y member of safeguard the property and rights of American citizens and the_ leagu~, shall thereupon immediately subject the offending leaves our own country with its hmlds unbound so that it is n_atwn to . severance of all trade or financial relations, prohibi­ free at any time to assert and secure the rights of our own tion of all mtercourse between their nationals and the nationals citizens if they have been in any sense violated in the carrying of the covenant-breaking State, and the prevention of all finan­ out of the treaty provisions. In other words, the United States ' cial, commercial, or personal intercourse between the nationals announces to all the other nations that it regards itself as en­ of the covenant-breaking State and the nationals of any other tirely free at any time to protect the property rights of Ameri­ State, whether a member of the league or not." . cans if in any event they have been illegally violated. In other words, this section of the covenant of the League llESERVATION NO. 13. of Nations, with a great deal of wisdom, provides a certain Reservation No. 13 relates to part 13 of the treaty of peace, economic punishment to be meted out to any nation who which is composed of articles 387 to 427, inclusive and bas to do violates the agreement it has made in becoming a member of with labor and has for its wise purpose the promotion of social the League of Nations, and, in carrying out of this economic justice and provides for a permanent organization with repre· punishment, it requires every nation to at once enforce a sus­ sentatives from all contracting nations. pension of all business relations between those people who are There is much that might be said in connection with this ex· under its control-its nationals--and the people of the covenant­ ceedingly important part of the treaty. Injustice and hardship breaking State. to the labor of a country is not only an unwarranted burden If, for example, Greece or Italy should violate the covenant upon those who are directly affected, but is a menace to the which it had assumed, it would be the duty of the United safety of the nation itself. This is true anywhere in the world, States as well as of the ether nations who were members of but it is essentially true in our own country, where the distinc· the league to promptly impose upon Greece and Italy the tion of class or birth does not exist ; where every citizen is upon economic pressur ,~ which would follow from at once terminat- an absolute equality with every other citizen; where the unknown ·· 3904 CONGRESSIONAL RECORD-SENATE.

'Stranger who may be laboring with his hands to-day becomes a ever, fat· more serious objections to this inequality of repre­ leader of the people, with tremendous power in his hand, to­ sentation than those I have already mentioned, because the morrow. As the Supreme Court of the United States once put composition of the council itself may be at stake. it, in this country "every citizen is a constituent part of the · The council is the executive agent of the League of Nations. sovereignty itself." It has power as great as the assembly itself. It deals with I remember upon one occasion when President Garfield visited every question in the world that may threaten the peace of the the city of St. Louis it was related that a dirty, barefooted boy world. It is composed of nine representatives from nine nations. upon the street, in the excess of his enthusiasm, waved his Five of them are permanent and consist of the representatives ragg-ed hat and shouted, "Hurrah for Garfield!" . of the United States, the British Empire, France, Italy, and The President from his carriage noticed the boy and lifted his .Japan, and four members of the council are to be selected by high bat in a return of the salutation. Some representative of the assembly-and I call particular attention to the use of the a foreign power, who was seated with the President, with mani­ word " selected "-from time to time as in its discretion it may, fest interest inquired: " May I ask, Mr. President, why you took care to act. For the present the representatives of ·Belgium, off your hat to that dirty ragamuffin?" The President instantly Brazil, Spain, and Greece constitute the other four members of replied : " Because that American boy, like Abraham Lincoln the council. It is expressly provided that the assembly may at before him, may himself become the President of this Republic." any time " select " the representatives of any other member of It is· illustrative of the unlimited opportunity before every t11e league to take the place of these four temporary members. American boy and emphasizes the peculiar necessity in these The President, in connection with repre ·entatives of France United States that absolute justice should be meted out to all and Great Britain, officially annotmced-aml, in my judgment, citizens alike, irrespective of their birth or creed or occupation. correctly so-that under the provisions of the League of Na­ 'Vhen it comes, however, to the actual operation of the provi­ tions Canada, Australia, New- Zealand, South Africa, and India sions of this portion of the treaty which has to do with labor, were eligible to membership in the council. it may well be asked whether in the interest of American labor, It is perfectly manifest that if in any event four of the which is the most intelligent, most efficient, best paid, best British colonies should be selected as members of the council living labor in all the world, we ought to place the American it would give to Great Britain in the council not only the vote of workingman even in conference on a par with the workingman the British Empire, which is already represented on the council, of other nations whose working conditions and mode of living but as well the vote of her four colonies, which woula. constitute and amount of compensation are so greatly inferior because a majority of the entire council. The answer is made at once by there is a certain amount of leveling downward in such confer­ those who do not believe that this reservation is necessary that ences as is so well established with re_gard to currency. in no event could there be any election to the council without the \Ve know that if gold -and paper money come in conflict the consent of the United States, and that therefore the United gold is at once driven out of circulation and the inferior currency States is entirely safe in the matter. It is not by any means predominates. If American labor is in any sense bound in its clear that this answer is either well founded in law or in relationship with the inferior labor of other parts of the world any sense sufficient to meet the difficulty, for it will be re­ it is well worth considering as to whether the result of such membered that the assembly " selects fom· members of the obligation may not lessen in some degree the position of ad­ council," anu by every rule of legal nomenclature "selection" vantage which American labor now has and so richly deserves. is not a decision. In any event what the reservation provides is that in case the Under article 5 of the covenant of the League of Nations all United States does participate in such an international labor decisions of the assembly, except where otherwise expressly organization and does involve American labor with the labor of providetl in the covenant, require a unanirnou.· vote. the world it shall be only under such conditions and with such A decision is an act of settling or terminating a controversy by protection as the American people may, thr·ough Congress, pro: giving judgment on the matter at issue. vide for the safety of American citizens. A decision is not a selection. A court gi \es a decision when The reservatio~ reads: it passe.s judgment upon the matters which are in dispute and 13. The United States withholds its assent to Part XIII (articles 387 which have been submitted to the court for its decision. The to 427, inclusive) unless Congress by act or joint resolution shall here­ court does not in any legal sense render a decision when it after make provision for representatiQn in the organization established by said Part XIII, and in such event the participation of the United acts in its administrative capacity and uppoints some man as States will be governed and conditioned by the provisions of such act clerk or official reporter. or joint resolution. In a general sense undoubtedly the selection of a member of RESli>RVATION NO. 14. the council may be called a decision, but it must be remembered that the language of the covenant of the League of Nations was The ·last reservation has to do with equality of representa­ drawn by those who were skilled in the use of terms in their tion in the assembly and, as I shall expect to show, in the council legal ami diplomatic meaning, and under a familiar· rule lan­ of the League of Nations. guage thus used. is to be interpreted in accordance with such • Under the provisions of the covenant of the League of Nations legal or diplomatic meaning. each member of the league, irrespective of its size, shall have If therefore the mere selection of a member of the council one vote in the assembly, which is made up of representatives is not regarded as technically a " decision " of the assembly, of all the members of the leagQe. Each member may have three it follows inevitably that in the selection of members of the representatives therein, but in no event can any member have council ~Dnly a majority of the assembly is necessary to make more than one vote. This enables the United States to have a selection, and if this is true it would be quite within the one yote in the assembly. The British Empire, as such, is a power cf Great Britain, having 6 votes in the assembly with member of the league and is entitled to one vote in the assembly, all the attendant influences which such a preponderance of and in addition it is expressly provided that Canada, Australia, voting power naturally gives, to secure the support of a South Africa, New Zealand, and India· shall each be members of majority of the assembly and elect as representative in the the league, and shall therefore each have a vote in the assembly, council four members of her own self-governing colonies, with so that Great Brftain has in the assembly six votes and the the result that Great Britain would have five out of nine United States has· but one. members of the council. · This inequality of representation is not pleasant for an Amer­ I do not believe that Great Britain has now or ever did have Ican to approve, eve_n though it is tr!le that under article 5 of the any such intention, nor do I say that the interpretation which covenant of the League of Nations all decisions of the assembly, I have outlined is beyond any doubt a correct interpretation except where otherwise expressly provided, require an agree­ to be given to the provisions of the covenant as they are writ­ ment of ~

The lapguage of the reservation makes safe for the UQited but it is a continuing demonstration to every nation in the world 1 States both the existing inequality J)f representation in th~ that the one governJDent which has the controlling influence in : assembly and the possible inequality of representation in the the assembly is the nation having at its disposal six times as council. It does not diminish in the. least the right . of the many judges as any other nation, and the effect of it· is with self-governing colonies of Great Britain to have representation magnetic force to attach to those six votes of the British Empire in the assembly. Their participation in the war and their­ an increasing number of votes from smaller nations, who nat· economic and political strength in the world may well entitle urally are inclined to adhere to that country which is in a posi· them .to such recognition, but .it must be clearly understood .that tion to be of such tremendous advantage to themselves in case in any decision or finding or election or report of either the of need. assembly or the council the United .states is not forced to Here is what the reservation actually provides. It does not abide by such result in the ev-ent that any natio_n, .including its change in the least the representation of Great Britain or of her self-goyerning colonies, casts more than one Yote in the decision, colonies or dominions. It does not even enlarge the representa.· and this is precisely what the reservation proYides. tion of the United States, but it does absolutely safeguard our There is another feature in connection with this inequality country against any possible harm that might result from such of representation which can nqt in the interests of the United inequality, for in unmistakable language it reads: States be overlooked, and that has to do ·with .the possible The United States assumes no obligation to be bound by any election, disputes 9r differences that may arise in the fu.ture between our decision, report, or finding of the council or assembly in which any country and the British Empire or any of its colonies or with member of the league and its self-governing dominions, colonies, or parts of empire in the aggregate have cast more than one vote, and assumes any other_nation. . no obligation to be bound by any decision, report, or finding of the If there should arise any matter of dispute between . the council or assembly arising out of any dispute between the United United States and England which it was· impossible to satis­ States and any member of the league if such member or any self-govern­ ~~ ~=·ion, colony, empire, or part of empire united with it politically factorily settle by diplomacy, then, under article 15 of the covenant of the League of Nations, such dispute would, in DO THE RESERY.ATIOl\S DESTROY 'THE LEAGUE OF NATIONS? case either side was of the opinion that it was not a matter which ought to be judic,ially submitted to a board of arbitra­ The query naturally arises in the mind of everyone interested tion, be automatically submitted to the council with the right in the treaty and League of Nations as to whether or not the in either party to transfer the consideration of the question provisions of the treaty and of the league, which are manifestly, from the council, with its nine members, to the assembly, with worth a trial and which may be of tremendous force in safe· its representatives from al~ the inembers of the league. guarding the future peace of the world, are in any sense de­ In the consideration of the dispute by the assembly neither stroyed or rendered incapable of efficient opemtion by any or the United States nor England, who are themselves parties to all of the 14 reservations which are proposed. the dispute, would be allowed a voice in the decision, but there It may be said in passing that the reservations do not in any is nothing whatever in the covenant of the League of Nations sense require any reassembling of the peace conference. The that would preyent the five self-gov-erning colonies of Great treaty of peace, including the League of Nations, is already Britain from participating in the decision of the dispute be­ in operation. Nothing that we can do or fail to do can change tween the British Ewpire and the United States. It is only this actual fact. Germany bas agreed to the provisions of tlie fair to say that in all probability the sense of fairness which treaty, and all the burdens which are imposed upon her by its RO essentially characterizes the Anglo-Saxon race would keep terms are now in actual process of execution. The League of .the British Empire or any of its colonies from v-oting upon any · Nations itself is already created; and from every expression of question in which any one of them was interested, and in any opinion, official or diplomatic, fro-m the press, and from every event it is well understood, both from the letter of Lord Grey other aYailable source, we learn that there is no substantial and from the general expressions of the English press and objection anywhere in the world to American safeguarding res­ English statesmen, that there is no objection whatever on the ervations such as have already been adopted by a majority of part of Great Britain to any American safeguarding reserva­ the Senate. tion in this particular ; but even if there were· objection the Strange as it may seem, these reservations, whose provisions very possibilitv of five British colonies voting upon any dis­ tend to safeguard the interests of the United States, are criti· pute between the United States and England is inconceivable, cized and opposed solely in the very country whose inde· and the United States must, precisely as it does by this reser­ pendence of action in the future they seek to maintain ·and vation, safeguard its own interests in this particular. whose vital rights they protect. The need of the reservation is equally clear if we consider The treaty of peace, with many additional annexes, ~omprises the possibility of a dispute between the United States arid 440 articl.es. Of these 440 articles, the first 26 articles con· Japan. In such an event when the question at issue came· be­ stitute the covenant of the League of Nations. The reserva· fore the assembly qeither the United States nor Japan would tions do not affect in the least the first seven articles of the have any participation in its decision, because both of them are covenant, except in regard to the provision of withdrawal and parties to the dispute, but the British Empire and its five self­ in connection with inequality of representation, which has been goyerning colonies would together have six members of the discussed. tribunal, and this preeminence of membership, with its cor­ The eighth article of the league, which provides for a sug· re ·ponding predominance of influence, would place in one gested plan of disarn;tament, is continued unchanged, except nation a power which, in the interests of fairness and equality, with reservation applicable only to an actual invasion of the nev.er ought to exist. United States or an actual state of war in which this country It may well be true that in a majority of disputes between is engaged. the United States and any other nation the judgment of Great Article 9 is entirely unaffected. Britain and her colonies would be apt to coincide with the posi­ Article 10, which I have discussed at some length, is safe­ .tion taken by this country, and to that extent a predominance guarded only so far as to make it clear that the people of this of her power would be an advantage to the United States; but country, through their Representatives in Congress, must de­ an advantage which Fests upon a_manifest inequality and upon termine whether or not the United States will interfere or in­ an unfair preponderance of power is neither desirable from the tervene in the quarrels- or difficulties of foreign nations at the standpoint of honor nor, in the long run, is it advantageous from time when the question actually arises. the standpoint of expediency. Article 11, of which the President said in his speech on the There is still a third possibility in which this inequality of 4th of September as follows : representation would work to the disadvantage of our .country, I want to call your attention to article 11 of the covenant of the and it rises in case of a dispute between two nations other than League of Nations. That article, let me say, is the favorite article in the United States or British Empire, including its colonies. If the league, so far as I am concerned. we imagine a dispute between Japan and China which, in the This article is entirely unaffected by any reservation and nntural .order of procedure, as I have indicated, comes to the remains precisely as it was presented to the Senate by the .assembly.for consideration and judgment-and it may be a mat­ President. ter in which the United States is vitally interested-we find that Articles 12, 13, 14, 15, ancl16, which have to do with the gen­ in that tribunal the United States has but a single vote, while eral subject of arbitration and settlement of disputes, are left England and her colonies have six votes, and it requires no precisely as they were originally submitted by the President. stretch .of the imagination to picture the preponder&cting influence except that the United States reserves to itself the right to of· a nation that can itself command six votes in the court as determine domestic questions and the right to allow innocent against any other nation who can command but one vote. This citizens of foreign powers who happen to be resident in the preponderance of power is not only present in the instant case United States and doing business here to continue their usual which may at the moment be before the court for consideration, occupation .. I.IX:-- 24B 3906 CONGRESSION.A_L RECORD-SEN.A.. TE. ~fARCH 5, '

-Of these articles, 13 to 16 inclusive, ot the -covenant, the of 1egislati_on providing for a bonus for ex-service men, which President said, in speaking in Indianapolis: was referred to the Committee on Military Affairs. The heart ot the league is that the nations solemnly covenant not to He also pr~nted a memoria of the Federation of Labor, o:! go to war for nine months after a controversy becomes acute. Detroit, Mich., remonstrating against the reduction of drop-letter : This heart <>f the league is left, as I have indicatea, without postage from 2 cents to 1 cent, which was ordered to iie on the the slightest change. table. Articles 17, 18, 19, and 20 are entirely unaffected by any of He .also presen.i:ed a memorial of Local Union No. 46, American the reservations. They remain intact as they were originally Association of Masters, 1\Iates, and Pilots, of Port Huron, Mich., written, and their pronsions for settlement of disputes between remonstrating against the pa-ssage of the so-called Sterling­ members of the League of Nation13 and those who are not mem­ Graham sedition bill, which was -ordered i:o lie on the table. bers of the league, and the provision for pubUcity of all treaties Mr. CAPPER presented memorials of sundry citizens of Elk­ and international -engagements and for the elimination of secrecy hart and Ottawa, in the State of Kansas, remonstrating against ' in regard to internati-onal understandings, are entirely un­ compulsory military training, which were ordered to lie on the ehanged. table. Article 21, with its ~:eferenee to "regional understandings, 1\Ir. PHELAN presented a petition <()f Antelope Valley Post, , like the Monwe doctrine," is safeguarded, so far as the United No. 171, American Legion, of Palmdale, Calif., praying for the States is concerned, in the manner which I have heretofore indi· passage of the so-called Davey sedition bill, which was referred l cated. to the Committee on the Judiciary. Article 22, which bas to do with mandatories over the former He also presented a telegram in the nature of a petition from German colonies or territories, is unchanged, except for the pro­ Sampson Richards Post,· No. 180, American Legion, of Maricopa, vision requiring consent of the Congress of the United States Calif., praying for the enactment of legislation providing a. l before this country shall assume any such tutelary power. bonus.for ex-service men, which was referred to the Committee., Articles 24, 25, and 26., w.hieh conclude the covenant of the on l\Iilitary Affairs. League of Nations and which provide for matters of procedure . REPORTS OF COMMITTEES. and ior the encouragement of the Red Cross organization and 1\Ir. SMOOT~ from the Committee on Public Lands, to which, for amendment, are entirely unchanged by any reservation. was Teferred the joint resolution (H. J. Res. 194) amending· So far as the treaty itself is concerned, exClusive of the joint resolution extending the time for payment o:( purchase in ! League of Nations, ther-e are only fi-ve reservations -which any money on homestead entries in the former Colville Indian Reser­ ·real sense affeet the treaty of peace. These five relate- vation, Wash., repocted it without amendment and submitted a A. Reservation No. 6: To the Shantung provisioii. report (No. 462) thereon. B. Reservation No. 7: To our participation in reparation com­ 1\Ir. 'VADSWORTH, from the Committee on Military Affalrs,l missions or other committees and tribunals established by the to which was referred the joint resolution (S. J. Res. 124) grant- 1 tr-eaty. ing a bonus to enlisted men of the Philippine Scouts who have C. Reservation No.8: To proteetion t>f .American exports and accepted or may accept their discharge .in order to reenlist in in:lpoi·ts in connection with Germany. said Philippine Sc<>uts, reported -it without amendment and sub­ D. Reservation No.12: Saf-eguarding the rights of citizens in mitted a xepo.rt (No. 4.63) thereon. ·connection with the settlement of debts and property rights and interests existing at the time of the war or incurred during the 'BILLS INTRODUCED. war. Bills were introduced, read the :frrst time, .and, by unanimous E. Reservation No. 13: Which has to do with part 13 of the consent, the second time, and referred as .follows: treaty relating to labor:. By Mr. GAY: . It may be said generally that every provision of tbe covenant A bill (S. 4018) for the relief of .Joseph P~ Groux; to the Com· of the League of Nations remains intact and capable of an en­ mittee on Commerce. tirely fair and efficient trial. What the reservations do pro­ By 1\Ir. WADSWORTH: vide is that when definite obligations are sought to De plaeed A bill ( S. 4019) for the relief of certain estates; to the Com­ upon the United States, it is clearly provided in the reservations mittee -on Claims. that before any such obligations can be .either legally or morally RIVER AND HA.RBOR APPlWPRIATIONS. bn.ding upon this country they must be a-pproved by the repre- , Mr. CALDER submitted 1lll amendment intended to be pro­ se,ntatives of the American .people in Congress -at the time when , posed by him to the river and .harbor appropriation bill, which· the necessity arises. was referred to the Committee on Commerce and ordered to be It may be that the United States will of necessity be obliged printed. , to enter 'again in the settlement of European difficulties, but 001\£MITTEE 0~ J>UBITC INFORMATION. whether we do or not is not a question to be definitely detel·­ J\I..r. S1rfOOT_ Mr. President, I offer the resolution which I mined at this time of rmcertainty nnd doubt. send to the desk, and ask unanimous consent for its immediate It would be folly intensified to bind the hands uf our country considerati

property shown to have been· in the possession of the Committl'e on The ·Journal of the proceetiings of yesterday was read and Public Information but not turned over to the Council of National De­ fense or otherwise accounted for. . approved. Sixth. All other pertinent facts in connection with the auditing and ENROLLED BILLS SIGNED. closing of the accounts and affairs of said committee. Seventh. If the foregoing statements are not available at this time, a. Mr. RAMSEY, from the Committee on Enrolled Bills, reported preliminary statement covering any or all of the data called for is that they had examined and found truly enrolled bilLs of the directed to be transmitted in addition thereto. following titles, when the Speaker signed the same: HOUSE BILL BEFEBBED. H. R.1175G. An act to extend the time for- the construction of H. R.12610. An act making appropriations for the legislative, a bridge across the Connecticut River between Springfielu and executive, and judicial expenses of the Government for the fiscal West Springfield, in Hampden County, Mass.; and year ending Jtme 30, 1921, and for other purposes; was read H. R.12160. An act authorizing the construction of a bridge twice by its title and referred to the Committee on Appropria· and approaches thereto across Red River at a point a little east tions. of north of Nocona, in Montague County, Tex. AFFAIBS IN AR~:[ENIA ~ The SPEAKER announced his signature to enrolleu joint Mr. KING. Mr. President, before the Senate takes a re{!ess, resolution of tM following title: I desire to call its attention to the following telegram: S. J. Res.156. Joint resolution authorizing the Secretary ot NEW YORK, Marc1' ,S, 19!0. War to bring back on Army transports from Danzig, Poland, lion. WILLU.l\1 H. KING, United States Senate, Washington, D. C.: residents of the United States of Polish origin who were en­ The American Committee for the Independence or Armenia received gaged in the war on the side of the allied and associated following official cablegram yesterday from Constantinople : powers. 'I " French troops suddenly withdrew from Marash. Of the 4,500 Ar· menians who attempted to follow them, 3,000 were massacred and ma­ CORRECTING ERROR IN INDIAl.'i APPROPRIA.TION BILL. jority of remaining frozen. Also, 16,000 out of the 20,000 civilians re­ ma ining in the city have been massacred." Mr. HASTINGS. Mr. Speaker, I ask unanimous consen1i for HENRY W. JXSSUP, the present consideration of House joint resolution 305, and I Secretary, 1 Madison Avenue. may say that it is only for the purpose of correcting an error in Mr. President, it would seem that those having charge of the a date in the Indian appropriation bill that has already been treaty of peace with Turkey are sitting supinely by while the signed by the President. , unspeakable Turks continue the atrocities which have char· The SPEAKER. The gentleman from Oklahoma asks unani· acterized their course in the past, and are executing their pur· mous consent for the present consideration of the joint resolu· pose to destroy the Armenian people. tion which the Clerk will report by title. It is a pitiful thing to see an entire people destroyed by a The Clerk read as follows : cruel and merciless foe. It was thought that with the defeat House joint res{)luticn 305. of Germany and her allies that there would be no further per· To amend a certain paragraph of the act entitled "An a ct making secution of the Armenian race. The view prevailed throughout appropriations for the current and contingent expenses of the Bureau the allied nations that Turkey would no longer be u terror to of Indian Atiairs. for fulfilling treaty stipulations wit h various Indian the Christian peoples of Europe or Asia, and that an inde. tribes, and for other purposes, for the fiscal year ending June 30, 19~1," pendent nation would be erected by the remnants of the Ar· approved February 14, 1920. menian people, and that a day of peace and liberty would dawn The SPEAKER. Is there objection to the present considera­ for them. The centuries of sufferings and afHictions through tion of the resolution? [After a pause.] The Chair hears which they have passed, it was believed, had ended, and ended none. The Clerk will report the joint resolution. forPver, and that a new and-regenerated Armenia would arise to The Clerk read as follows : take her place among the free peoples and nations of the earth. Resolved, etc., That the fifth paragraph of section 18 of the a ct entitled l\Iol'e than a year has passed since the defeat of Turkey and "An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with the signing of the armistice. Yet during that period Armenia various Indian tribes, and for other purposes, for the fi scal year ending ha l>een under the heel of the murderous Turks. Even now the June 30, 1921," approved February 14, 1!>20, which reads as follows: innoeent blood of thousands of men, women, and children is " The sum of $200,000, to be expended in the discretion of the Secretary of the Interior, under rules and regulations to be prescribed by him, in crimsoning the soil of Armenia, and the hands of the Ottoman aid of the common schools in the Cherokee, Creek, Choctaw, Chicktl.SaW, Turks are red with the blood of the Armenian people. and-Seminole Nations and the.Quapaw Agency in Oklahoma, during the What are the allied nations doing to prevent this martyrdom? fiscal year endmg June 30, 1920: Provided, That this appropriation shall not be subject to the limitation in section 1 of the act of May 25, What are the Christian nations doing to preserve a heroic and 1918 (40 Stat., p. 564), limiting the expenditure of money to edocate suffering people from destruction? The blood of millions of children of less than one-fourth Indian blood," be, and the s:une is At·nH.> nians cries aloud for vengeance; the starving, afflicted, hereby, amended so as to read : • and terrorized people who survive piteously cry out for protec­ " T}Je sum of $200,000, to ·be expended in the discretion of tbe Sec­ retary of the Interior, under rules and regulations to be prescribed by tion. We are deaf. Europe is deaf. The tragedy continues, him, in aid of the common schools in the Cherokee, Creek, Choctaw. and with tearless eyes we behold its consummation. Chickasaw, and Seminole Nations and the Quapaw Agency in Okla­ homa, during the fiscal year ending June 30, 1~1: Provided That tllis RECESS. appropriation shall not be subject to the limitation in secti~ 1 .of the 1\Ir. LODGE. Mr. President, I move that the Senate, as in act of May 2G, 1918 (40 Stat., p. 564) , limiting the expPnditnre of open executive session, take a recess until 12 o'clock to-morrow. money to educate children of less than one-fourth Indian bloo

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f3908 CONGRESSIONAL~ RECORD-HOUSE. ~lARCH 5, 1------~----~------~------The CHAIRMAN. The House is in Committee of tlie Whore!. Mr. CLARK of 1\fissouri. Do tl1ese men get this celebrated ~ House on the state of the Union for the consideration of the bill ~ bonns? H. R. 11984, which the Clerk will report. Mr. NOLAN. They do now-that is, anyone up to $2 roo. The Clerk read as follows: Those that receive an excess of $2,500 can not with the b~nus A bill (II. R. 11984) to increase the force and· salaries in the Patent ·added, receive in excess of $2,740. That is, prbviding Cong-ress Office. and for other purposes. reestablishes the bonus. o Mr. NOLAN. 1\Ir. Chairman, I ask· unanimous consent that the 1\fr. CLARK of Missouri. If you have the $480 bonus it would first reading of the bill be dispensed with. raise it up a good deal. ' The CHAIRMAN. Is there objection? [After a pause.] The 1\Ir. NOLAN. Two hundred and forty dollars is the bonus Chair hears none. unless it can be raised to $480. ' Mr. NOLAN. 1\fr. Chairman, the bill H. R. 11984 is the Mr. CLARK of Missouri. In trying to grab off the $480 bonus, committee substitute for three bills introduced early in this you knocked off the $240 bonus. . Congress by myself, as chairman of the Committee on Patents- Mr. NOLAN. It is a question whether we did or not. We H. R. 5011, 5012, and 7010. These bills were prepared by the had no opportunity to decide that question. patent committee of the National Research Council, consisting Mr. CLARK of 1\fissouri. Do these private institutions pay of a number of gentlemen connected with the arts, sciences, and larger wages than the Government? industries of the country. They made an extensive investiga- Mr. NOLAN. I will give you what we have in reference to tion of the conditions in the Patent Office with regard to the the experience of 60 examiners. There were 60 examiners who Patent Office force and salaries. The Committee on Patents resigned from the Patent Office during the nine-month period devoted considerable time during the month of July, 1919, to running from May L 1919, to January 31, 192(}-.that is, the last hearings on these bills, the hearings consisting of 320 pages. nine months -of last year. There were three principal examiners Appearing in favor of the measures was the patent committee who resigned who were receiving $2,740. Two of them reported of the National Research Council-! will not weary the House that they were receiving $4,500 in their new positions, two out of with the reading of the names, as you will find them in the the three. report-the former Commissioner of Patents Hon. Thomas Twelve first assistant examiners resigned who were receiving Ewing; the present Commissioner of Patents, 1 Bon. James T. $2,64(). SeYen of them reported that they were receiving an ' Newton; a number of prominent inventors and scientists, as a"Verag.e salary of $3,670. It is proposed to raise their salaries well as representatives of a large number of big manufacturers' to $3,300, which is less than they now receive in outside employ­ assodations of the country. The trouble in the Patent Office ment. The second assistant examiners, 22, were receiving has been that during the war and since the signing of the armi- $2,340, and their average salary in private employment is stice probably no other bureau of the Government has suffered $3,011. Eighteen of them reported. It is proposed to give them from raids, or the taking away of its employees, both by other $2,800. Fourteen third assistant examiners who resigned from Government agencies and by the big industrial concerns of the the service receiYed 2,040, and report that they are now receiv­ country, a the Patent Office. The testimony that was pre- ing $2,818; that is, 10 of the 14. And it is proposed to give sented to this collllllittee was to the effect that the men would them $2,700. Of the fourth assistant examiners, a total of nine sooner retain their positions with the Government than go to resigned. They were receiving an office salary of $1,740, and­ outside institutions if there were any inducements in the way they are .receiving on the outside an average salary of $2,230. of salary or promotion. The statement was made and figures It is proposed to give them $1,800. In the rearrangement of produced to show a large number of men, especially in the things, instead of having a fixed salary for these assistants, it examining corps, had left the Patent Office during the war and is proposed in each one of these four grades to have a division, since the signing of the armistice. The statement was made so that they can gradually receive· promotion. that at times we had as high as 80 temporary examiners on Air. CLARK of Mias,ourL Now, the Patent Office is the only the rolL At the present time they have approximately 40 tern- part of the United States Go'lernment that brings in a net porary examiners on the roll. It seems impossible to get the revenue? right caliber of men, or men with the necessary foundation in Mr. NOLAN. The statement was made by the Patent Com­ the way of technical education, to take the examination for ex- missioner, both the present and the former, the Bon. Thomas aminers in the Patent Office or any of the other technical posi- Ewing, that the Patent Office up to date has produced a surplus tions in that department. The committee gave careful consid- to the Treasury of the United States in excess of $8,000,000. eration to the bills presented by the patent committee of the 1\lr. CLARK of Missouri. Year by year it brings in a net National Research Council~ one of which was for the purpose revenue, does it not? of establishing a patent court of appeals. The subcommittee Mr. NOLAN. Yes; a surplus. And it is proposed in this of the Pa"t:ent Committee, headed by the gentleman from New bill, I will state, :Mr. Chairman, to so rearrange the fees-that 1 York [1\fr. MAcCRATE], gave this measure careful consideration, is, the filing and final fees-so that additional revenue will be and decided, after giving the matter all of the consideration produced. In addition, the deficiency bill that became a law , that it needed, that o practical proposition had been set forth last November raised the price of copies of patents from 5 to as to the way in which this patent court of appeals should be 10 cents. This will produce an amount in excess of $156,000 constituted, and for the time being the committee decided not additional re'lenue. to go ahead with that measure. l\fr. CLARK of l\Iissoill·i. You are just fixing to absorb the l\fr. CLARK of Missouri. Will the gentleman yield? surplus? Mr. NOLAN. Yes. 1\Ir. NOLAN, No, I will say to the gentleman from Missouri. Mr. CLARK of Missouri. What is the matter with the Pat- And I want to impress this upon him, namely, that we are ent Office fo'rce? attempting in this bill to not alone increase the salaries, but 1\lr. NOLAN. I just stated that the Patent Office force increase the revenue, so that this measure will take care of any especially the examining corp , have left the Patent Office to ~ increases in salaries or increase of force. greater degree than any other Government agency, due to the Let me show you how it is being done. Prior to November 4, lack of opportunity in the way of promotion and the increased 1919, the cost of a copy of a patent was 5 cents. The chairman salaries and excellent opportunities offered to men of their of the Committee on Appropriations, in providing additional technical knowledge on the outside, going with patent lawyers, help for the Patent Office, called me into conference and took going with the patent departments of the big industrial institu- the. propositions that were advanced during the hearings on this tions of the counti·y, going with engineering organizations and bill for raising the cost of copies from 5 to 10 cents for the chemical organizations, as well as all kinds of positions where p~rpo~e of producipg additional revenue. Now, that deficiency men of high technical training are needed. All industrial or- bill ra1sed the cost of copies from 5 to 10 cents. It was part of ganizatiop.s in the country that have any considerable amount of the program of the Patent Committee to raL::c this additional patent business or business with the Patent Office have a patent revenue, and the ch..'lirman of the Committee on Appropriations department, and they ha•e made a systematic raid on the Patent wanted to know if we had any objections to including it in that Office for their best men. - bill. There is in this bill a method of making the fellow that Mr. CLARK of Missouri. How much do these examiners get gets the work. done on the patent pay for it when it is rejected. now? In the present law the filing fee is $15 and the final fee is :Mr. NOLAN. The primary examiners now get $2,700. It is $20. Just about one-half of the patents applied for are granter'!., proposed in this bill to raise them to $3,900. There are 45 and mo;>t of the work is done on those patent applications which primary examiners. A.nd there are 90 first assistant examiners, in the end are turned down. Let me give you some idea of that whose salaries are fixed at $2,400. This bill proposes to grade and the way it is going to increase the revenue. The gentleman them into four cla ses, starting at $2,900 and gradually in- from Missouri is of the opinion that this is a raid on the creasing the salary to $3,300. Like provision is made for second, Patent Office for the purpose of absorbing the surplus. r want third, and fourth assistants, with a lower salary rating;. to show you that we are providing in this bill for additional

. CONGRESSIONAIL RE60RD~HOUSE~

·revenue to take care of.' the increased force and increased com- ran.. a· little behind d.u.!ing, th.e year 1917, due to the-low number pensation. The number of patent applications-received in 191-a of applications filed. ,were 57,180 The final fees paid on: that numher·were 38,006.. Mr. RAMSEYER. . That is, the revenues- of· the office or of Copies of the..~ patents. sold wer~ 2,85.7,515: I want to call your- the bureau:- paid· for aU th~ sal~ries and everything connected attention to the increased work ot the Patent· Office after. the. witli the. offic.e, and yoJ.L have tllat mu.cb iJl excess? l~ tlHl.t: .war,. which is a natural increase_ due to a stimulus in industry correct! 1 and manufactures.. Mr. NOLAN. . Yes; The statement was made and not con- During- the year 1919· they reccived 76;484.. applications for- trailicted that there had beeiL a. surplus turned into the Umted patents. The final fees, however, were paiwhen it iS stated- that - the ~ Mr. .NOLAlL I:wil,lsay;-to:-the gentleman.from Massachusetts .CoJUmittee on Rules unammously reported this ru:Ie·· makiug this that there have always. been resigna.tiomr from the service.- lb:! Jjjfi in order. fact the greater number~ of patent. attorneys t\tr.oughout the Mr. HARRELD. I have had:. more complaints· about the con•­ country and those in charge-of'the patent departments of great gestion in this department tharr irr any other·depa:-tment of" the· industrial combinations have at one time· or.- another been. em"! ;Government. ployed in the Patent Office as:: examiners. r do not think· we : Mr~ BARBOUR: Would it incunvenience the gentleman it I ought to stifl~ ambitian. by ftxing high. salaries an.d. attempting- :referred to page-&? tu keep ttiem there, but!:. think we ought at least to leave open , Mr. NOLAN. Judge DAVIS will· explilin- that when he takes some little lool)hole for a man: to leave the servic:er- in.lt. natural. ~ the floor. way, and let him get out of what is termed "the rut" o:f the Gov; ' Mr:. EV.ANS of Nebraska. Will the- .,.entleman yield?· &lliDent service. In. the original· bill, you_ will notice, if you Mr-. NOLAN~ r will. b' .will r:un, tlirough.it; the salaries were fixed considerably higher Mr~ EVANS· oLNebraska. 'Vhat nmount does the committee' than they arafi.xed ih this bill, and, they were alsG fixed for these l estimate will· be the revenue· under- tliis law in excess of what· different gr.ades· at one particular stat~ amounL We graded·. is rrow. received under·existihg law?· them as well as cut them do~. ~u will ne.vel?-~sethe numb~r:- !';fi·. NOLAN. Has the gentleman a copy or the report?" of.. men you have:- be-en. losmg- smce the arm1stice~ You· Will Mr.. EVANS o.t Nebraska. Yes-; I have a copy of the report. probab1r lose ~e · average. numbm; that you always lost. each Mr. NOLAN. Orr page 4 of- the rep01·t you will notice the ful- year: prwr tD ttie· ~r. I.do not t'!Iink ~ we .should do ·anythmg._ to lowing langua-ge: enter into competition. With outside: parties who can afford! to ; If the total expenditures should remain the s.ame for the year ending pay more than the Government; pays-,. hut. we. should try tD fix: , December 31, 1920, and the receipts be increased as· shown by· the above this thing in an equitable wa-y; table, .the net surplus over all expenditures for the calendar year end- 1.\fr. WALSH. The point· I waS: endeavoring' to get informa-.. in.g December 31, 1920; should be $721;650.45. If the force and salaries 'on about w:as. that these. OT1T10r.tnnities- for promotion will come. be increased as supposed by the biJl, it would amount to $511,840, so ti ·~~ that the ·net surp!liS would be $209,810.45. through a separatioll.ofrom the service, and not from the creation The increase of receipts for the year 1919 over the year 1918 was 9f a number of places at the top which are not now filled1 $438,367.4.5. Th~ increase due to doubling the cost of copies was '11 1 b t · $,156,432..35. That shows even in the latter part of the yea£. the in 4 Mr. NOLAN.· That-is true. T here WI a wa-y~ a a: eel' mn:. crease in the cost of copies would, if it had extended over the entire percentage• of those men, probably the best fitted men and the:- period, have increased the revenue $156,432.35. The increase due to most ambitious men, who will leave-the service, and it.will,give· ~ the raising ot the fi.ling ·fee froiiL$15. to: $20, leaving the final fee at opportunity. for 'Promotion for the men down.. below-to go up, and $20, would amoun-t to. $882,420. their opportunity willl come when they· come to the top where.. a. Mr. EVANS.. of N.abraska. I think I. catch the point; th~ in· man gets one of the chances outside. ·crease from the fees under the reeord made for the year 1919- Mr. RAMSEYER. Mr. Chairman, will the gentJ..eman yield? 1\fr. NOLAN. And the increase·of the cost of copies·. Mr. NOLAN. Yes. l\fr. EV.ANS of Nebraska. Would be $156,000, in round num· M:r. RAMSEYER. To what extent do the reYerrues of tha .hers• . Patent Office tn.ke care of the expenditures of:- this office? · - Mr; NOLAN. Yes. I want to· say to the gentleman that we. · Mr. NOLAN. As I said to.. tfie· gentleman.. from l\fisS(}ffi'i [Mr. :have. also to take-into. consideration, the tremendous- increase or. CLARK], up to the present time the revenues o the Eatent Office 'the husiness: of the Patent Office that. is a • great revenue­ have exceeded the disbursements by about $8,000,000. They· producer. ~3910 CONGRESSIONAL RECORD-HOUSE. ~lARCH 5,

~ir. EVANS of Nebraska. Yes; does the gentleman have the about 40,000 were never adjudicated. Under the new system we information as to how· many resigned for the 'Year prior to the will receive the additional $5 on the 40,000, or over $200,000 time· covered by the report which he has made? additional, due to the changing of the law. In addition to that Mr. NOLAN. It is contained in the hearings year by year, it is estimated, and undoubtedly it will prove to be so, that there and shows the comparison. I can not give it offhand now, but will be just as great a demand for copies of patents in 1920 as about three times as many, I think. in 1919. In fact, the office is months behind, and is behind in I ~ Mr. EVAl~S of Nebraska. Twenty as against sixty. hundreds of thousands of applications for copies. We have in­ Mr. NOLAN. That was for six months. creased the cost of the copies from 5 cents to 10 cents in the Mr. ELSTON. Will the gentleman yield? deficiency bill, and that will produce considerably over $200,000. · Mr. NOLAN. Certainly. Even on the estimate of 1919 it will produce $156,000. The third Mr. ELSTON. In regard to the provisions of the bill as to the proposition is the tremendous increase in the business of the Pat­ increase of compensation, did the committee ha\e the assistance ent Office, which will greatly increase the revenue. of expert · in the matter of draftipg the bill? Mr. SEARS. Take 1919. There was a wonderful increase in Mr. NOLAN. The bill was originally drafted by the patent business, amounting to $438,367 over that of 1918. I am simply committee of the National Hesearch Council, and they had the asking these questions because I have listened to so many assistance of tlle best patent lawyers in the country-Frederick speeches 011 economy. P. Fish, of Boston, and the secretary of the patent committee 1\Ir. NOLAN. We are using that as an illustration of what we of the National Research Council, E. J. Prindle, and Thomas are trying to do to increase the revenue. If we were not increas­ Bwing, the former Commissioner of Patents-as well as a large ing it a penny, the situation·in the Patent Office is so important number of eminent men prominent in the arts, sciences, and to industry in this country that we ought to immediately correct industries of tlle country. it. This is one office that needs the highest type of skilled tech­ Mr. ELSTON. That is what I wanted to get at. nical men. Mr. NOLA.l~. Nearly all the patent attorneys in the country Mr. SEARS. They are not all skilled, technical men. Of had an opportunity to go over the bill and offer suggestions. course, the gentleman understands that. The gentleman from Tennessee, who was responsible for the 1\Ir. NOLAN. I would say to the gentleman from Florida that draft of the damage clause, will state how much thought and all of the examiners-- consideration was given to that. 1\Ir. SEARS. Oh, yes. l\Ir. ELSTON. Does the gentleman feel that the representa­ 1\Ir. NOLAN. Both in the trade-mark and patent divisions are tives of the council and all interested that might be' affected by skilled men and must necessarily be. the patent law have been represented and given their approval Mr. SEARS. I agree to that; but they are not all skilled men of the bill? in the Patent Office. The messengers are not. Mr. NOLAN. I do not think there is a branch of industry­ Mr. NOLAN. Let me say to the gentleman from Florida that there was not a society concerned with invention, art, science, we have included in this biU the principle of the minimum wage bill. Let me say something about the me engers. There has chemistry, engineering, that .was not represented at the h~ar­ ings last July and the hearings that took place a week ago been a hue and cry·about messengers. The fact of the matter is Tuesuay before the Rules Committee. The chairman of the that in the Patent Office they have three messengers. · Rules Committee, the gentleman from Kansas [Mr. CAMPBELL], Mr. SEARS. And 33 assistants. made the statement there that it was the most representative Mr. NOLAN. And we asked the commissioner why they wanted 33 assistants and 3 messengers. He said that those ~athering that had appeared before the Rules Committee during the 10 years in which he had been a member. men outside of three are doing clerical work and not doing mes­ Mr. ELSTON. Was there any particular op11osition brought senger work. Mr. SEARS. I would like to go down with tlle gentleJ!!a11 out at the hearings? and have him show me the messengers who are doing clerical Mr. NOLAN. Not after the committee's bill had been drafted. work. There was some opposition to some of the provisions in the Mr. NOLAN. If he wiJl go to the Patent Office the gentleman original bill, but the committee gave careful consideration to would see a different situation from what he sees in other de­ the criticisms, and when the bill was finally reported there was partments, where there are a lot of door openers. very little opposition. Mr. SEARS. I notice that the increase will amount to Mr. ELSTON. Has the gentleman made any estimate as to $1,994,740. Thtlt does not include the bonus? how far this bill would expedite the business of the Patent Mr. NOLAN. No; we are fixing the basic salaries. Office, clearing up congestion and finishing up the work in that Mr. SEARS. So that it would go much over two millions of office? dollars with the bonus. 1\lr. NOLAN. The Commissioner of Patents and all those 1\fr. NOLil... Yes; but the $240 is being paid now, and they who have had any considerable amount of bu iness or experience ru·e basing the estimate of co t on that propositio . with the Patent Office are of the opinion that this is a step for­ Mr. SEARS. I am trying to get at the net-whether there ward in the right direction. It may not meet all of the diffi­ would be an increase or a deficiency. The report does not in- . culties there, but it is a step in the right direction and they feel elude that. with the provisions of this measure and the increase of salary, Mr. NOLAN. 'Vith the opportunities for increased revenue the opportunity for promotion, will tend to greatly increase the in this bill there would be an increased surplus in that office; efficiency. of the Patent Office and get away from the terrible and if there was not, it is the duty of this House and the duty congestion and result in sending out of that office more valid of Congress to take care of' the deplorable situation that has patents and less invalid patents than we have at the -present existed in the Patent Office for the past three or four years. time with the force there, the best we could get under the pres­ You can not get men to stay there. I have received a . number ent conditions. \Ve are opening up a way for young men of the of letters, and they are not inspired, and the gentleman's col­ right sort to enter the Patent Office and become competent men league, Mr. DRANE, submitted several to me for inventors, men for examiners in the Patent Office. interested in industry in the State of Florida. It is not a ques­ 1\Ir. SEARS. Will the gentleman yield? tion of only 1 State; it is 48 States. We have to do something Mr. NOLAN. Yes. if we want to stop the granting of patents by the Patent Office Mr. SEARS. I notice that the net increase of salaries is that merely means more lawsuits. That is exactly the situation. $511,840. It has been bad enough under our patent laws at any time. A Mr. NOLAN. Yes. man generally got a certificate which on the face of it said he Mr. SEARS. The chairman of the committee states that that had a monopoly for 17 years upon some article of utility, and (loes not mean anything, beca.1se the people will be charged an the net result in many cases, if he interfere(} with some one a

•. i920. ·CONGRESSION.A:L RECORD-HOUSE. ,. The CHAIR1\1AN. r.I'he gentleman has used 40 minutes. The Government or the services of employees when ·they become gentleman from Pennsylvania is recognized for one hour. efficient. The result of;this lack of a sufficient number of em- Mr. CAMPBELL of Pennsylvania. 'Mr. Chairman, I yield 15 -ployees and lack of compensation, which would warrant them ·minutes to the gentleman "from Tennessee [Mr. Davis]. . in continuing in •the service, ·has ·brought about a condition Mr. DA-viS of Tennessee. 'Mr. Chairman and gentlemen o:r which has produced complaints from one ·end of this country the committee, thiS' proposed legislation grew out of the fact to·the other. Manufacturing enterprises, inventors,.patent attor­ that there were very general complrunts from business interests neys, and other people who have an interest in inventions have and inventors to the effect that they were unable to -procure been ·making complaints, particularly ·to the Committee on Pat­ ·speedy and efficient service in the Patent Office. Finally, with ents. The National Research Council reported, in substance, the consent of the Commissioner of Patents at that time, Mr. that the whole trouble was the failure on the part of Congress 'Thomas Ewing, and with the consent of the Secretary of ·the to enact .appropriate and needetl l~islation, and in no part of Interior, a request was made of the National Research Council their investigation or report does this council criticize ·the ·to investigate the condition-s in the Patent Office and make Patent Office or any of th~ employees thereof. -They commend recommendations looking to remedying the unsatiSfactory situa- them and state, in substance, that they have done "remarkably tion. well under ·the circumstances, and they 'attribute the trouble This National Research Coun~il is composed of eminent sol~ly to the reasons stated. They report that,the conditions in scientists, patent attorneys, and others, who have no selfish in- the Patent Offiee about which complaint is so frequently made terest, -no ax to grind, in regard to the Patent Office. They ap- a;e due to the fact that the force in the ·Patent Office is .insuffi­ pointed a subcommittee composed of three very eminent patent c1ent .and undeTPaid. As has already been explained by the attorneys, Mr. Thomas Ewing, who at one time was, as I have chairman, it .is estimated that this increase in salaries will b~ said, Commissioner of Patents; Mr. Frederick P. Fish, of Boston, more. than made up by the increase in the business which wlll who is an eminent patent attorney; and who is sometimes called be dispatched, because the Patent Office is far behind in its ·the dean of the American patent bar; and Mr. Edwin J. Prindle, ~ork, and this will enable them to render the service- which the together with some scientists. They ·conducted an exhaustive mventors are demanding, to which they are entitled and for investigation, and made a report in which they made four specific which they stand ready and willing to pay, together with the recommendations. Two of their recommendations were em- small increases made in the fees. The Patent Office has always bodied in separate bills, whic-h are not now before the Congress bee11 more than self-sustaining, a'nd, in fact, the receipts of and which may not be reported. However, two recommendations the office have exceeded ·the disbursements by about $8,000,0003 which they made are embodied in the bill under consideration so that this legislation will not result ultimately in any appro­ to wit, the recommendation of an increase in the force of th~ priation out of the Public Treasury. Patent Office and also an increase in their salaries; and the Mr. BARBOUR. Will the gentleman yield? recommendation that provision be made for greater ease and cer- _l\Ir. DAVIS of Tennessee. I will. tainty in obtaining money compensation·forthe infringement of a Mr. BARBOUR. Will the gentleman be willing at this point valid patent. This subcommittee prepared and submitted to the in his remarks to consider the provision on page 8 relative to Patent Committee bills embodying their recommendations. the fixing .of damages in cases of infringement? Those bills were introduced. The Committee on Patents con- Mr. DAVIS of Tennessee. I will state to the .gentleman f:tom ducted extensive hearings, and heard not only those who had Califo:nia [Mr. B.unoUR] that I had concluded all I care to manifested an interest in this legislation, but all others who indi- say With regard to the force and salaries in the Patent Office, cated a desire to be heard. There was ·practical unanimity on and shall devote t?-e J:>alD?ce o~ my time to a dis~ussion of the the part of these various witnesses in approving this proposed legal aspects of this bill, mcluding the one referred to. legislation. After these hearings the Committee on Patents Mr. BARBOUR. I notice that it is provided on page 8 that unanimously reported out and recommended for passage the bill if the exact determination and calculation of the amonnt of the now under consideration. After hearings on the . bill and a damage can not be arrived at by the ·court, then the court shall request for a special rule, the Rules Committee unanimously receive expert testimony as to what the damage may be. Now, adopted a rule for its immediate consideration. as I understand it-and I t.ase my statement npon experience-- The chairman of our committee has already made a lucid ex- it is practically impossible to arrive at an exact calculation and planation of the bill as to certain features, and particularly the deter~in~tion of damages in any case of this .k.i.J?.d. Further­ increase in force and salaries of the Patent Office. I only wish more, It IS rather unusual to base damages solely upon e41>ert to deal with that feature of it very briefly. In the first place, testimony. Would it not be possible in cases of this kind to re­ I want to state that I am very much in favor of economy, and I qui~:e the person who is charged \vith infringing the patent and think that my position upon various measures during the short- agamst whom the judgment might be rendered to submit bis time I have been a Member of the House will bear testimony to books or accounts in order to determine what his _profits might that fact, but there is such a thing as false economy, and a con- be and the amount of the damage? tinuation of the conditions now existing in the Patent Office l\Ir. DAVJS of Tennessee. I will state in reply to the gentle­ would be false economy not only for the Government but also man that the policy suggested would not meet the situation the industrial interests of the Nation. 1 am not one of those which this amendment is intended to meet; and if the gentle­ who subscribe to the doctrine that' our Government is run in the man will just wait until I reach that in logical sequence, I will interest of the officeholders. I think that the officeholders are undertake to explain the matter fully, · incidental, and that they should not be -paid -salaries merely as a Gentlemen of the committee, beginning on page 4 of the bill, favor to them, but I do think that this Government ought to pay you will note that sections 3, 4,-5, 6, 7, 8, and 9 change the exist- salaries that will reasonably compensate its employees, and ing statutes. · which will also result in procuring efficient service. Any other Mr. RAMSEYER. Will the "gentleman, in that connection, course is far from beirig economical. There is a different situa-: explain the Jtem just before section 3, relating to the interna­ tion in the Patent Office from that which obtains in any other tional bureau? What is that? department of this Government. -The salaries of the employees Mr. DAVIS of Tennessee. That is simply a bureau main­ of the Patent Office have only been increased 10 per cent since tained at Berne, Switzerland, for the convenience of all pat­ 1 '1848. Think of it! Only 10 per cent increase since 1848, when entees. In other words, it directly aids the American inventors their salaries were originally fixed. At that time Congress con-1 and those of all other countries who become members of this sidered the e examiners· to be of such a character and of such international bm·eau in obtaining the protection for their in­ importance that their salaries were fixed at just about what the' ventions and patents in European countries. salaries of Congressmen were at that time. These · examiners: 1\Ir. ;RillSEYER. That ·is, if ·an American inventor takes out are required to have practically a university education. They a patent he1·e and wants to -take it out in other countries .he are then required to undergo a very rigid civil-service examina-' takes it out through the Berne office-? · ' tion. ' Mr. DAVIS of Tennessee. Y-es ; -he takes it out through this Then l.hey do not really become very efficient until they have international bureau at Beme, .and by filing it there-- served their apprenticeship in this work,,and the result has been, The CHAIRMAN. The time of the gentleman from Teimessee that after a few years there, and when they have reached the -·has expired. point where they are rendering real efficient service to the1 Mr. CAMPBELL of Pennsylvania. I yield five minutes more Government and to the various interests involved, .private inter-: to :the gentleman. · · ests come along and offer them large:r salaries than they are' - '1\rr. DAVIS of Tennessee. By taking it out there he auto­ now receiving and they are tak~n from the .Patent-Office. They maticnlly ohtains protection in all of those European countries have been drawn from the Patent Qffice in large and increasing: that are .members of this international bm·e-au. It is a very numbers. It is getting worse and worse all the time as the cost1 beneficial provision. · of living advances. This situation operates in two ways. In - Mr. RAMSEYER. And all i:he -countries ·that are members the .first place, it makes it impossible to retain a full corps of of this bureau contribute to the maintenance of the bureau the employees all the time, and, in the second place, it deprives _fue same- as the !United States? .

3912· CONGRESSIONAL RECOR:O-HOUSE. MARCH 5,

l.Ir. DAVIS of Tennessee. Yes. This simply provides for the fringes upon that patent; in other. words, u~es this patent upon contribution of our pro rata part, and there is no. change of his pianos and proceeds with the sale of his pianos. Now, as a existing law in that respect~ This provision is all;eady the law. matter of course, it is impossible to ascertain with any exact Now·, the most of these sections comprise only minor changes calculation just how much that one piece of the piano bears in the existing law upon the subject and I shall not take up the toward the selling price or the profits made by the manufacturer time of the committee in explaining any of those changes unless _upon that entire piano. "Q"nless some such provision as this is . orne :Member desires. · adopted, although he has a good right of action-although he Mr. RAMSEYER. · Does 'section 4 change existing law in any shows that there has been an infringement upon a valid patent re~pect; and if so, in what way? of his-yet the owner of the infringed patent can not recover Mr. DAVIS of Tennessee. Well, that is .simply an amplifica­ actual damages or profits for the reason that there is no way tion and a more detailed provision With regard to the admission of definitely determining what proportion the value or profit of of patent attorneys and their exclusion for misconduct. . his patent bears toward the entire article. Mr. RAMSEYER. Section 3 refers to the Official Gazette, on Mr. BARBOUR. Right there, if the gentleman will yield fur­ page 5, line 5, beginning with line 18. . ther. Would any expert, no matter how well qualified be able Mr. DAVIS of Tennessee. The only change in existing law to testify with any degree of definiteness as to what th~ damage made by that section occurs on page 6, line 3, where the word in a case of that kind might be? " weekly " is inserted so as to provide for weekly as well as _ Mr. DAVIS of Tennessee. No. It is as impossible to estimate monthly and annual indexes. or. give an exact opinion as to same -as it is impossible in Now, coming to the change embodied in section 7, beginning on personal injury cases to estimate the actual damages resulting line 7, after the word "direction," the bill as originally drafted from a death or the loss of an arm or of a foot. by this subcommittee of the National Research Council employed Mr. BARBOUR. Absolutely. this language: ~!r. J?A VIS of Tennessee. But should litigants be deprived of It proof is not offer.ed, or in the absence of adequate proof of the their rights because they .. are not' susceptible of exact mathe­ amount that shall be awarded as damages or profits, the court, on due matical calculation? proceedings. had, may adjudge and decree to the owner payment of a 1-easonable royalty or other form of general damages. Mr. BARBOUR. Not by any means; but it seems to me that the language which was originally incorporated in the bill and The members of the Committee on Patents did not think that then stricken out, from line ·7 to line 11, which permits the · that was in the proper phraseology, and, if you wpl pardon u judge to fix or decree a reasonable royalty or other form of personal reference, the committee requested me to draft what I general damages, is really to be preferred to the committee thought would meet the views of the committee in that regard. amendment. Realizing the importance of the subjec1:, I took the matter up with Messrs. Edwin J. Prindle, Frederick P. Fish, and Thomas Mr. DAVIS of Tennessee. In the absence of any proof? Ewing, the three patent lawyers on the subcommittee of the Mr. BARBOUR. Oh, there must be proof. National Research Council, which had originally drafted this Mr. DAVIS of Tennessee. The provision for which the com­ bill, and who had manifested so much interest in it. In addition mittee amendment is offered to be substituted reads " if proof to that, at the suggestion of Mr. Prindle, who took the lead before is not offered, or in the absence of adequate proof." ' . our committee in presenting'these matters for the National Re­ Mr. BARBOUR Yes; adequate proof. I would not con. ider search Council, I likewise submitted my draft to Judge Julius M. that expert testimony as to the amount of damages sustained Thayer and Judge Learned Hand and also to Judge Martin I. in the case suggested, and as the gentleman just described Manton, three members of the Federal judiciary, who bad had would· be adequate proof. Therefore I would rather leave th~ very . considerable experience in patent litigation. I likewise amount of damages to be fixed by the juuge, to be based on what­ submitted same to Mr. Milton Tibbets, chairman of the patents ever proof is pro~rly submitted to him, than to let some expert committee of the National Association of Manufacturers, and come into court and testify as to the amount of damages. others. After full discussion and some minor changes, the com­ The CHAIRMA.l~. The time of the gentleman from Tennessee mittee amendment as rep6rted was adopted. has again expired. The CHAIRMAN. The time of the gentleman has again 1\Ir. NOLAN. l\Ir. Chairman, I yield to the a-entleman five additional minutes. o exp~~ . Mr. CAMPBELL of Pennsylvania. I yield five additional The CHAIRMAN. The gentleman from Tennessee is recog­ minutes to the gentleman from Tennessee .. nized for five minutes more. Mr. DAVIS of Tennessee. I thank the gentleman from Penn­ Mr. DAVIS of Tennessee. I thank the chairman for the adui- sylvania. The amendment, which you will find in italics on tional time. . page 8, meets the approval of all these learned and expert men Replying to the last observation by the gentleman from Cali­ to whom the provision was submitted. fornia [l\lr. BARBouR], I wish to state that the proposed commit­ Mr. Prindle, the authorized representative of the National Re­ tee amendment expressly provides that the amount of recovery search Council before our committee, in his last communication shall be fixed and decreed by the court-not by the expert wit­ upon the subject, approved the committee amendment in the fol­ nesse -but it provides that such. decree shall be ba ed upon lowing letter : proof. It does not change the .existing measure of damao-es or NEW YORK, F e brttat·y 27, 1920. procedure other than to provide that in the instance speciflcally Hon. EDWIN L. D ."-VIS, described the court may receive and consider expert testimony in House of Representati-ves, Wa.shington, D. 0. arriving at the proper amount of damages or profits to be de- · DEAR J UDGE DAVIS: I wish to say that I think your woruing of the amendment to the patent statute providing for the awarding of general creed. In order that such evidence shall not be accorded more damages for infringement of patents is much better than that which was weight than is accorded same in other proceedings, tllis proposed in our original bill. The amendment does not go as tar· as I would like amendment expressly provides that such testimony shall be" sub­ to have it, as you know, but it pro):}ably ~oes as far as can be enacted. I therefore wish to express my appreciation of what you have done in ject to the general rules of evidence applicable to this character the matter, and the hope that your wording of the amendment will go of testimony." through, as there is apparently no doubt it will. Yours, sincerely, - Tlie trouble is that there has been a long line of decisions EDWIN J. PRINDLE. holding that unless a patentee can show exactly how much This proposed amendment reads as follows: profits or damages he is entitled to because of an infringement If on the proofs it shall appear that the complaittant bas suffered upon his patent, he can not recover anything. Of late years damage from the infringement or that the defendant has realized profits some of the courts have recognized the injustice of this and have therefrom to which the complainant is justly entitled, liut that such shown a tendency to afford relief. However, there is always a damages and profits are not susceptible of exact calculation and deter­ mination, the court may, on evidence tending to establish the same, in strong disinclination on the part of the judiciary to depart from its discretion receive opinion or expert testimony, which is hereby de­ well-established legal principles. This question was considered clared to be competent and admissible, subject to the general rules of and discussed by the United States Supreme Court in the case evidence applicable to this character of testimony ; and upon such evi­ rl ence the court may adjudge and decree the payment by the defendant of the Westinghouse Electric & Manufacturing Co. v. Wagner to the complainant of a reasonable sum as a royalty or general damages El~tric & Manufacturing Co. (225 U. S., 604, decided June 7, for the infringement. 1912). In that case the court held that where the infringer Mr. BARBOUR. Is it not an unusual thing, in arriving at has sold or used a single or specific patented article the patentee damages in any case, to determine the amount of the damages is entitled to recover all of the profits, and that the same rule ob­ by expert testimony as to the amount thereof? tains where it is shown that the patent i·epre ents all of the value 1\Ir. DAVIS of Tennessee. That is true. But I want to ex­ or profits of the article sold. However, the court further held, as plain to the gentleman from California and the members of the stated in the syllabi, as follows: committee the reason which prompted the desire for this sort of Where the patent admittedly creates only a part of the profit!1. the a provision. patentee is only entitled to that part, and be must apportiOn the in­ To state a specific case, which· I think was stated by one of fringer's profits and show by reliable and satisfactory evidence either what part of the profits arQ attributable to his patent or that the entire the witnesses: An im-entor takes out a patent upon a certain value of the infringing article is attributable to his patent. (Garretson feature of a piano. It is patented and some manufacture::.· in· v. Clark, 111 U. S., 120.) - ;

1920. CONGRESSIOXAL RECO~D-HOUSE. 3913

CongrE>sR -has legislated, Revtsed Statutes, 4921, with a view to afford­ When Russia deserted the cause of the AIUes it .was the ing the patentee ample redress against the infringer, but the general rule of law that the bbrden is on the one suing for profits to show that ·Italian Army, and the Italian Army _alone, which prevented the they had been made applies. fulJ Austrian forces from being thrown against the_American, 'l'he patent itself is evidence of the utility of the claim, and an in- English, and French troops on the western front. Stunned by fringer is estopped from denying that it is of value. - Where the plaintiff patentee shows that profits have been made by the numerous reverses, the Italians at the crucial moment engaged use of his patent, but defendant proves that there were other elements the enemy and under the leadership of G~n. Diaz regained all contributing to the profits, it then devolves upon the plaintiff to appor­ the territory they had lost and chased the foe across the low tion the amount of profits attributable to the use of his patent. Venetian· plains, over mountains, :.uid through mountain passes In other words, the Supreme Court recognized the validity from the Piave far into the enemy's territory. of the rights of the patentee, but also recognized the situation I can remember the celebration held In Philadelphia and in which he \Yas placed. The court modified the rules stated hero in Washington at that time. It was a glorious victory, to the extent that where the infringer, by commingling the and did ·much to strengthen the morale of the other Allies. I elements, renuers it impossible for the patentee to meet the can remember the acclaim of the American press on "this accom­ requirement of apportionment the entire inseparable profit plishment. must be given to the patentee, the burden s~fting to the de­ Is there one man in this House who did not cheer our friend fendant in such instance. and former colleague, Fiorello H. LaGuardia, when he returned In the case of the United States Frumentum Co. against from the Italian front? He was a courageous young man. Lauhoff et al., 216 Federal Reporter, page 610, the court, as He only typified the spirit of his kinsfolk in what he did, stated in the syllabus, held as follows: however. In a case where willful infringement is shown, with sales of the I would like to more emphatically express my disapproval of patented product by defendant so extensive as to leave no doubt that complainant sustained substantial damages, he "\\"ill not be denied relief the utterance of the gentleman in question if the rules of the because of his inability to prove an established royalty or to make House would permit; but, to say the least, it is to be -regretted definite proof of sales lost, but general evidence to prove his damages that any man acting in a representative capa.city in the United or a reasonable royalty may be considered, as in other cases of tort, and from that a finding may be made as to what would be fair com­ States would so far forget himself as to use language causing pensation for his injury.- insult to any great people. When we consider that men of all " General damages " are damages not resting on any of the applicable, nationalities, birth, and color sto-od side by side in the trenches exact methods of computation, but upon facts and circumstances .which permit the jury or the court to estimate in a general but in a suffi­ fighting for the liberty of the world, it seems to me that pi·eju­ ciently accurate way the injury to plaintiff. dices of all kinds might well be cast aside, for after all we are '- The court uses the exact words which the gentleman from all Amelicans, striving for the good of our country. ·· • California [l\1r. BARBOUR] has criticized. As just shown, 5iome r-wish to read a telegram I have received from C. C. A. of the courts have liberalized their decisions in an effort to Baldi, of Philadelphia, heau of the Italian Federation, which recognize and remedy the situation which this amendment is demonstrates the grief and remorse these people feel a~ a intendeu to remedy. But there is a wide yariety of decisions, result of the unwarranted attack- upon them and theirs on and there is uncertainty and indefiniteness, and this provision the floor of the legislatiYe chambers of this Government. It is is . imply intended to crystallize-into statute law a proper rule of -as follows: guidance for an the courts of the country in such cases. It PIIILADELPHIA, PA., March J, 1920. Hon. W. S. VARE, lu1s the approYal of the patent lawyers and the manufacturers House of Rep1·esentati1:e-s, Washi11gton, D. 0.: antl inventors and the people interested; and the committee The membership of the Italian F ecleration for themselves :w(1 in and others who have studied the question, with perhaps yery b€:-haH of thousands of ItalianR of Philadelphia1 who were compamons few exceptions, feel that this amendment _will meet the situa­ in arms with the American doughboys, resent the reference of the gentleman from Tennessee to Italians as "Dagoes." We eat·n f' stly tion and will result ~n the awarding of profits or damages to nsk that you protest against his discourtesy and place your protPst in which the owners of patents are clearly entitled in case of in­ the RECORD in answer to this on-American utterancE> . fringement,- but of which they -have heretofore been deprived C. C. A. BALDI . because of the unfortunate situation in which they were placed Pt·esident Italian, Fedemtion. and their inability to calculate with any exactness the damages l\fr. Chairman, I yielcl back the remainder of my time. which they sustained or the royalties which the infringer had The CHA.IRl\IAN. The gentleman's time has expire

rcalculating machines, which have revolutionized the work in 1 What we are doing in this bill is this : We are not asking offices- and banks; all the patents relating to electric-generating the peopl~ of the United States to appropriate more money. machinery, .to p'atents on shoe machinery, without which the We a.re simply taking the inventors at their word. They as a people of the world could not be shod ; all the branches of the class come to us and say that the most expensive thing they chemical industry. And when you come to war, America, al­ can have is poor service in the Patent Office. They say, "We thot!'gh a Nation of pence, has really led in inventions in that want you to arrange it so as to give us good service, and we direction. It was through the Patent Office of this country that · will 'pay the extra money. It is a bagatelle whether we pay the first repeating pistol, the Colt revolver, was patented, and $5 or $10 more for a patent which when obtained may be worth during the Civil War the first repeating rifle. I need not go fur­ $5,000 or $100,000, or whatever it may be." ther· in enumerating the endless list. It is worth while occa- . Mr. NOLAN. The fact is that we are simply reversing the sionally to remember what everyone, whether he is engaged in filing fee and the .final fee, and the total cost of obtaining the . mechanical industry or not, owes to inventors and to the patent patent is no moreA system of this country, which I believe was really the parent of Mr. MERRITT. That is correct. I am glad the gentleman the great patent systems of the world, and which in many re- . called attention to that. The final cost of a patent under this spects J.eads them to-day. bill is no more. It simply transfers $5 from the final fee to One of the fundamental ideas in our patellt system is that the initial fee, and the fact of the matter is that absolutely when a man gets a patent he shall hav~ at least a prima facie , all the work is done before the final fee is paid, so that it is case in favor of the proposition that he. has a new and useful an entirely just provision. I think if the House will bear in invention. That is different from the patent laws of some other mind the fundamental basis of this bill, which is that inventors, countries. It means that an invention must be examined in the and manufacturers are simply asking for better service in their Patent Office, both with reference to whether it is a practical interest and for the economy and efficiency of the whole busi­ invention in itself and also whether somebody else has in­ ness structure of the United States, they will not hesitate to vented something similar before. It is perfectly evident that support this bill. [Applause.] that means that the examiners must not only be able men, well The CHAIRMAN. The time of the gentleman has expired. trained in mechanics, but they must have experience and know!- . Mr. CAMPBELL of Pennsylvania. Mr. Chairman, I yield 10 edge of the arts. They must know by investigation 'Of drawings, minutes to the gentleman from Texas [Mr. BLANTON]. books, -or other historical records whether somebody else has Mr. BLANTON. Mr. Chairman, because on Wednesday I invented the same thing before, so as to determine whether a made a point of order against the provision in the legislative man who now applies is ~ntitled to a patent. It is on that appropriation bill granting a bonus of $240 during the next point that this bill really centers, for when a man has been in .fiscal year to our 200,000 civilian Government employees the the Patent Office only two or three months he is almost useless, Post denominates .me as" the enemy of organized labor." These because he must work so slowly. Every month of his service civilian employees of the Government first received a war makes him more valuable, as he grows in knowledge of devices bonus of $120, arid then a war bonus of $240, and for the nnd patents relating to the classes he ~xamines. As the chair­ current fiscal year ending June 30, 1920, they are still drawing a. man of the committee has said, we can not offer sufficient sala­ bonus of $240, .and although the war is over they not only ries to hold men there indefinitely, because when a man gets want to continue drawing this war bonus of $240 during 1921 to be noted as an expert in the Patent Office he is sure to be but they are demanding of Congress that it be raised to ~480, taken out, either to go into private practice or into the employ and when I made the point of order it prevented raising this of some great manufacturing .concern. bonus to $480. l\Ir. BLANTON. · Will the .gentleman yield there? The Chair sustained my point of order and struck this bonus Mr. MERRITT. I will. provision from the bilL If it had not been an unauthorized Mr. BLANTON. That being the case, if service in tbe Patent provision, he would not have sustained me. Office for a while places him in the position of being an expert, I deny that I am an enemy of organized labor. I am an commanding a big salary from private institutions, ought not enemy of. radical nnion leaders who would ruin legitimate the prospective employee to pay the· Government a bonus to labor organizations to carry out their own selfish ends, and I allow him to get in there, in order that he may be eligible for have fought their unlawful plans, the selfish, unreasonable these big private salaries afterwards? demands, acts, and purposes. I am a truer friend to honest, Mr. MERRITT. No. law-abiding laborers, organized and unorganized, than their Mr. GARP. Will the gentleman yield! radical leaders who have been exploiting laborers out of mil­ Mr. J.\.1ERRITT. Yes. lions of dollars for· years. Mr. GARD. On the contrary, is it not to the credit of the Mr. 1\IAcCRATE. Will the gentleman speak louder, so that men who are employed there that they perfect themselves and we can hear him? so are able to obtain outside employment? Mr. BLANTON. Let· the gentleman from New York come 1\fr. MERRITT. Yes. Also I will say in reply to the gentle­ down in front. man from Texas that we ought to pay these men enough so 1\fr. MAcCRATE . .Mr. Chairman, I make the point of order. that we can hold them for a while after they become expert 1\fr. BLANTON. Mr. Chairman, I can talk low or loud, as I and useful. The object of this bill is to make it possible to please. hold men at least until they are largely perfected. As it is The CHAIRMAN. The Chair thinks the gentleman from now, with the very small salaries paid, the tenden .~y is to get Texas is irr order, and he will proceed. out before they are half trained, and consequently the office Mr. BLANTON. To the brave soldiers, sailors, and marines has no fully trained men. r heard the Oommissioner of Pat­ who won a world war and faced the hell of "No man's land" ents state that with the force they now have it takes nearly this Congress has paid them a measly, miserly, insignificent three times as long as it used to take to do the same amount of little bonus of $6o-not enough to buy a good suit of civilian work. clothes. These battle-scarred soldiers faced death while being I want to call the attention of the committee to just what paid only $33 per month, while our maximum war-time force tllat means to the inventors. That is the reason why inventors of 240,000 civilian employees, who drew 1irst a bonus of $120 and manufacturers are so anxious for this legislation. Nothing and then a bonus of $240, drew maximum compensation from ls so -eXpensive to them as delay and inaccuracy in the examina­ this Government as high as $2,740 per annum while working tion of their inventions. I myself have had some little ex­ only seven hours per day in safe, comfortable, enjoyable sur· perience as a manufacturer. When an inventor comes to a roundings. manufacturer with a patent, he looks it over and says, "I think When making this point -of order I stated that I would stand that is .a fine thing. I will take it, aild we will agree on the for this injustice no longer; that these civilian employees of royalty which I shall pay for the manufacture of your article; the Government were " hoggish" in now demanding $480 bonus but, of course, I can not actually sign a contract until I know when the war is over, and that I would not vote to give them that the invention is new." The only way the inv-entor ·can find another bonus until justice had been done the worthy, needy that out is by having the application put into the Patent Office soldl~rs who made the United States safe for these organized civilians. and see what sort of a patent the inventor gets. Therefore they UNREASONABLE HOGGISHNESS. make what is called an " if and when " contr.act, which means that if you get a patent and when you get a patent then certain From the editorial page, page 4, of the Federal Employee, the things shall be done. New, it is evident that it makes a .great Government workers' magazine and the official organ of the deal of difference to that man whether he can get his patent National Federation of Federn.l Employees, issue of February through in 60 days or whether he has got to wait a year or a 28, 1920, I quote the following: As we go to press the House o! Representatives is considering the year and a half. The testimony is that now in some clasBes it legislative, executive., and judicial appropriation bill and ls expected is eight or .nine months before th-ey begin to exa.mine the appli­ to reach -section 6, which contains the salary·bonns provisions, -very cation. soon. .As reported by the Committee on .Appropriations. the bonua 1920. CONGl{ESSION .A.L RECOR. D-HOU . SE~ 3915 i."emains .as durin!! th-e pres-ent · fiscal ·year. Our national federation, iJ?. the executive dep·artments in Washing-ton. I 'will quote your ques­ with the active assistance of the locals, is making every effort to ?ons and undertake to answer them in the order in which they app~r induce members of the House to support the temporary salary-increase lD r,our letter : schedule approved !Jy our San Francisco convention-$480 for those ' (1) Both Congres~man M.ADDEX and myself estimate that there are receiving up to and including $2,500 ; $360 for those receiving between now in Waf?bington 40,000 idle, unnece~sary clerks still on the pay roll, $2,500 and $3,500 : and $240 to those whose salaries run from $3,500 whos~ services could be dispensed with without crippling the service. to and ~Deluding $4,500. Is tbis true or not? " I ~ not know whether 1our figures aYe correct or not, because I · The above comes from the Government employees themselves bave not had the opportunity to find out. I know that there are a through their official mouthpiece, the Federal Employee. great many unnecessary clerks in Washington (literally thousands), but Digest the above schedule. This is what Government em­ whether the number of them is 20,000, 40,000, or some other figure, I can n.ot say. I know that there are very many superfluous clerks in ployees demand : Wash.mgton, becau&e investigations made by the Bureau of Efficiency in To civilian employees, $480 bonus to the $2,500 clerks, $360 certam offices have disclosed that fact. Whether this condition is· gen­ ~ral throughout the departments I am not prepared to say without mak­ bonus to the $3,500 clerks, $240 bonus to the $4,500 clerks. mg a comprehensive survey of the whole service. With the limited Now compare the above to the schedule fixed by Congress force of investigators at my disposa~. I am unable to make such a sur­ for our death-facing, Yankee, fighting, victory-making saviors vey ut the pre. ·ent time. . '.fh~L·e is no d~ullt in my mind but that it would be possible for aclmin­ of civilization-$60 bonus to the $33 soldier. lStrahve supervisors to reduce the number of their clerical assistants And the soldier's bonus was paid only once, when he was ver-, greatly: (1) Because the volume of work in the departments to finally discharged from the pay roll. Many service men do not wbi_cb they are attached is considerably iess than it was during the perio

In to-day's Washington Post, page 2, appears the following: countries lived upon the land. To-day nearly 70 per cent of the ~ The National Federation of Federal Employees last night opened fire people of the so-called " industrial world " are engaged in trade .upon the Republican Party, and in an official statement charged that it and the industries. These hundreus of millions have become is Republican leaders of the House who are responsible. fo!' r~ucing completely· separated from the soil, most of them crowded to­ the salat:ies of about 200,000 Government employees by elumnatlng the gether in towns and' great cities, the sole dependence of a ma­ ~240 bonus. • * * Congressman WooD said: "If we could )?.ave reached an agreement with Representative .JOHN R. NOLAN, of atli!or­ jority being a weekly pay check. Never before, under suclL cir­ nia, not to introduce an amendment to increase the bonus to $480. as cumstances, has. civilization faced. a crisis like the present one. representative of the National . Federation of Federal Emp,loyees, we could have put through the bill carrying the $24.0 bonus. ' *" * • At this moment more than half of this indush·ial world is in The Federation claimed : " Our· canvass showed a. very general senti· ruin because this pay checkhas been cut off. The other half­ ment in fa:vor of the increased bonus." our half-is threatened. If there were such a very general sentiment in faTor of an WHY OUR AGRICULTURE IS DECLINI:NG. increase of the bonus to $480 for these 200,000 civilian em­ Our agriculture is great only in the aggregate of its, 7,000,000 ployees, may I ask whether any of it was produced by these uuorganized units. It is. unable to compete with the industrial vicious threats of this Federal employees' organization 1 system which we have developed for the man powe:r that is Doubtless among some of these 200,000 employees there :rre required for its own expansion merely to keep pace with the some who deserve promotions and raises in salary. But as one needs of our increasing population. To enter the industries of the chiefs in the Department of Agriculture asserted to the and establish economic independence the young man or woman ·' Committee on Agriculture, as detailed the other day by the gen­ from the country needs only brains and energy. But to estab­ tleman from Michigan [Mr. 1\lcLA.uGHLIN], there are some in­ lish a home upon the land and engage in farming the settle~: competent, inefficient employees whom the department will not must be a capitalist of no mean degree. Is it any wonder, discharge because they belong to the union and the union would therefore, that many of the young men and women, born and not let them. I am in favor of discharging every incompetent, in­ raised on the farm, go to tbe towns and great cities-? Where efficient employee on the Government pay ron and then increas­ else would they go to make a living? Is it surprising that, ing the pay of the efficient clerks. But their organization does under these conditions, our agriculture is declining? not deserve an~ consideratio.n when it attempts to pass legis­ For these reasons the drift of population iE cityward. If we lation through browbeating and threat~. stand sti11, if we make no e:t!ort, rest assured it will continue The. CHA.IRl\lAN. The time of the gentleman from Texas to drift in that direction, fo~back of it is a great unsolved. eco .... has expired. nomic cause which will not: "settle itself," and. wbat is more, 1\fr. BLAh"TON. 1\Ir. Chairman, is 1\Ir. CARss or Mr. BunKE we know full well it will not do so. present? I ask unanimous consent to extend my remarks in the The further expansion of our industries is safe only as we REcoRD. reestablish and extend its base. This can be done only by plac­ Mr. BURKE. Reserving the rigll.t to object, and I will not ing as many millions as possible· in possession of natural agents object if the gentleman confines his ertem;ion of remarks to this of production, so their economic independence will be assured. question. · The needs of these millions always will be the best market fOr · l\fr. BLANTON. I will confine them to -the question I am dis­ the products of our modern industries. cussing. But for years we have been exactly reversing this principle. The CHAIRMAN. Is there objection?" [After- a paus.e.} The As a Nation we have been exerting e-very effort to extend our Chair hears none. trade in other lands, while offering evecy inducement to our Mr~ NOLAN'. Mr. Cha.i.rman, I yield ~0 minutes to the gen,. best blood, whose business is agriculture; to leave' the soil so tleman from Idaho [Mr. SMITH}. the ranks of industry might be kept full, forgetting that within Mr. SlUITH. of Idaho. Mr. Chairman, a great economic mis­ our own borders were sources of untold wealth only awaiting take will be made, in my opinion, if the action taken by the the touch of· labor- to· q_uicken them into productive· life. House in reducing the appropriations providing for the activ­ THE GOVERNMENT.. l'tfUS':C ASSIST IN PLACING PEOPLK UPON THE LAND. ities of tli-e Federal Government in cooperating with the farmers To stand still is to see our population continue to drift city­ toward inCreasing- production is- sustained by the S-enate and ward. To correct this tendency requires e:trort The Go-vern­ the regular appropriations for the control of hog-cholera work, ment must again become activ-e ilL a. field in which it has lost the tubercular testing of cattle, the investigation of range con­ practically :ill interest sinc-e the passing of the fi:ee agricultural ditions in the national forests, and similar appropriations are lands of the public domain. The soundness: of the policy of our denied. The organizations- -hich have been built" up under Government in allotting an empire of· rich lands to its citizens, these appropriations will be. so rOOu.ced that the decrease in free and ready to plow, is best evidenced by the millions of food production and the loss to the farmers will be enormous. farm homes that have- been established. In order to meet the The events of the past five years have clearly established normal demand of our increasing population we must continue two facts which are of vital imnortance to us at this time. The somehow to establisfi. these farm· homes ur the rate of more­ fit'St, that a well-organized agriculture, intelligently conducted, than 100,000 each year. is the best security t"b.at any nation can have against unem­ Such homes must be established upon the land or the popuia­ ployment, a financial panic, or bolshevisDL The second, that tion of our cities will be further increased· without 3.! correspond­ our modem industrialism, which tends to separate more and ing development of our agriculture. more people from the soil and draw them together in great But all of the best and most availabie: tree· agricultural lands cities, is a house built upon ·sand. This foundation is now fail­ of the public domain have been appropriated. In fact, about ing and the nations are being destroyed. the only available lands for the further expansion of our agri­ As. a Nation we ru:e now facing a situation which calls, for culture and rural home building are the idle 01• " waste " lands the most serious consideration of these two great interests. of the country. These lands must first be cleared; dl·ain.ed, or The further promotion of our own industrialism to tlle neglect irrigated before crops can be grown. This involves an average of our agriculture and rural home building involves lines of cost of probably $75 per acre. The settler can not live upon policy as divergent as the two poles. It should be clear to all such land until it ha.s been made ready for cultivation. He that the time is at hand when we must dig beneath the surface can not finance an irrigation or drainage project costing mil­ and strengthen the foundation of the industrial system which lions of dollars, nor does this obligation necessarily devolve during the past few years we have erected at such cost and upon private capital. With the assistance of the Government which to-day is causing us such anxiety. The strengthening such work can successfUlly be done and the settler placed upon of this base involves the question of agriculture, more. particu­ the land under conditions which will insure his success. larly in its relation to the building of rural homes. · WE MUST NOW DEV1ilLOP AND SETTLE- OUR.. WASTE LANDS. We have become a great Nation because we have always had Our agriculture has entered upon a stage where to insure its an abundance of land-free, or practically so, for the asking­ proper expansion the cooperation of the Government is impera­ with ready markets in the Old World for all that this land tive. This cooperation must provide for the gradual develop­ could produce beyond our own needs. For more than 50 years ment and use of our waste lands. past our improved farm m:ea bas been increased at an. average The early settlers of the West were the pioneers in land rate of about 7,000,000 acres each year. Our Nation is now so reclamation~ This was because the rainfall m·er the western big and its development is so rapid that to check its growth one=.third of the United States was not sufficient for crops dur­ along the lines which have been followed e-ver since colonial ing. the growing- season. S.o most ot the agriculture. throuO"hout days would be fatal. We must continue to make the utilization_ that section is based upon irrigation. Out of the needs of the of Ian the basis of our growth and prospel"ity as long as- we early settlers of the irrigation States there has been developed have any land remaining fit for settlement, especially in view a system. of irrigation, with its magnificent engineering works, of the crisis which the world is now facing. its laws and decrees, the greatest and most perfect in the world. Eighty years ago to-day's industrial system was undreamed About 20 years ago this de-velopment entered upon the stage of. Nearly 70 per cent of the people, of this and o.f all other which demanded the use of resources that were beyond the

' . 1920. CONGRESSIONAL. RECORD-HOUSE. 3911 command of the individual or community, and Congress finally The system of financing which the bill provides is similar to authorized the Government to lend its cooperation in the recla­ the Federal farm-loan system, and as""uming that it is the inten­ mation of its own and other lanus through the construction of tion of Congress to continue· the present reclamation policy at irrigation works. For this purpose there were placed at the dis­ least until a better one is devised, and to use the public revenues posal of the Government the receipts from the sale o:f public referred to for that purpose, no part of the inoney that will be lands; later on these funds were· augmented by a loan ot used for construction under the provisions of this bill will have $20,000,000. To date about $120,000,000 has been expended for to be furnished by the taxpayer. It will all be subscribed by this purpose. It is estimated that more than $100,000,000 is the investing public. needed to complete existing projects, which contain a total area No issues of United States bonds will hav-e to be made after of about 3,000,000 acres, less than 2,000,000 of which are now the tenth year. By that time the early projects will be going under irrigation. The productive wealth that has been created concerns, and the assets that will have been created will be through the expenditures of this amount fully justifies the liquid and available for further financing. This plan will pro­ policy of the Government. vide a construction fu:ud fully six times as great as the present However, the reclamation act has now been in operation one, while it will apply to all parts of the country and will lend nearly 18 years. With adequate funds available, at least five itself to all forms of land reclamation. This fund will amount years would be required for the completion of these projects, to $440,000,000 by the end of the tenth year and nearly $1,000,- making a total of 23 years for the addition by such means of 000,000 by the twentieth year. only 3,000,000 acres -ro the improved farm area of the country, OPPORTUNITIES FOR FORMER SERVICE ME~ AND WOMEN IN THE SETTLE­ less than 2 per cent of the total increase during that time. MENT OF LAND. But western irrigation is now entering upon another stage in its development. Projects must now be constructed which in­ For the protection of those who must settle these lands the volve the expenditure of many times the cost of any existing bill provides that all tracts in single ownership in excess of undertaking. limits finally to be established by the Secretary of the Intel"ior The means for continuing such work are therefore totally shall be sold at prices and on terms to be ~ed by agreement inadequate to meet the demand of that great and growing sec­ with him before approval of the project may be given. In the tion of the countr:v. But this is not all. The reclamation of sale or entry of all lands that may have to be settled preference land is now nece.~sary in other parts of the country, for, as is gi'\"en to service men and women who have served in the mili­ stated, we have arrived at the point in the expansion of our tary and naval forces of the United States in the war with agriculture where the waste land is most available for such Germany. This provision will be of great advantage to such , purpose. class and may be enjoyed at any time in the future. Under the plan proposed the cost of reclamation will be u. DEMAND FOU GOVEBNME~T COOPEIU.TIO!'i GENERAL T"HR.OUGHOUT COUNTRY. tax against the land. This leaves the loan value of the land l\Iost of this waste land is in the- West and South, and the practically unimpaired. Should any State desire to make people of those sections are now making common cause in sup­ advances to settlers for improvements or for the purchase of port of a plan which provides for the cooperation of the United live stock, such advances could be secured by a first m<>rtgage States in the reclamation and settlement of land of this ch-arac­ on the land. The same advantage would hold should Congress ter. The demand in the West is by the go>ernors of the arid make provision for the settlement of soldiers, for Congress States, State irrigation associations, and commercial bodies act­ would only have to provide such amounts as might be required ing in concert through the Western States Reclamation Associa­ for loans for Illll.king improvements, and so forth, and these tion, and in the South by the concerted action of its governors loans could be secured by mortgage on the land, or such loans through the Southern Commercial Congress. The plan is also could be made by the Federal land banks. No direct appropria­ supported by the National Reclamation Association, the 1\fissis­ tion would have to be made by Congress for the reclamation of s.ippi Valley Association, and numerous other organizations in the land. affiliation with these bodies. A SOU111> BASTS FOR COOPlllRATION. DESCRIPTION OJ!' PROPOSED Jl'EDilRAL AND STATE COOPERATIVE .LCT. The plan admits of the closest cooperation between the com­ The plan, briefly described, is predicated upon the fact that munity, the State, and the Gove-rnment. The community must for the past 17 years the Congress of the United ·states has been initiate the underta.h.~ng and provide the proper OJ,>ganization committed to the policy ot land reclamation and dedicated cer­ for the purpose. Most of the States already have enacted dis­ tain public revenues for that purpose. The oil-land leasing act trict laws which will meet the requirements of this measure. contains a pro'\"ision for augmenting these revenues. Under th~ They will be free to cooperate by assisting the settler, and provisions of the recHtmation act of June 17, 1902, and acts many of the States will avail themselves of this opportunity. amendatory thereof and supplementary thereto these revenues The United States, through its trained engineers and executives, for the prosecution of such w~rk, although totally inadequate, who have had many years of experience in this field, will have are assured. the last word in the selecting of projects fur construction ; Under the plan proposed in the bill which I have introduced while the Federal farm-loan board will satisfy itself as to the (H. R. 12649) "to encourage the development of the agricul­ value o.f the land that will have been reclaimed and settled tural resources of the United States through Federal and State before the investing public is invited to purchase the securities cooperation, giving preference in the matter of employment and that will be offered. the establishment of rural homes to those who have served with Th~ plan of reclamation proposed will be self~c-ontinuing, and the military and naval forces,~~ it is provided that such work through its application all of the waste lands of the United shall be extended more rapidly by increasing the fund available States ultimately can be reclaimed and be made sourc-es ot for construction purposes. This is to be done by issuing United great wealth. This can be done without placing a burden of States bonds in amounts not exceeding $20~000,000 the :first any kind upon the taxpayers of the country. year, $30,000,000 the second, $40,000,000 the third, and $50,- Mr. CAMPBELL of Pennsylvania. 1\lr. Chairm..an, I yield 15 000,000 the fourth and succeeding years, the total of su_ch issues minutes to the gentleman from California. not to exceed $350,000~000. No issues are to be made after the Mr. NOLAN. Mr. Chairman, I ·yield three minutes to the gen­ tenth year. These bonds are to bear interest at 4! per cent and tleman from New York [Mr. S.!EGEL]. are to- be pa-yable in not to exceed 50 years. Mr. SIEGEL. 1\fr. Chairman, during the past few week ·, and It is proposed th.at such portion of the revenues from public again last Saturday, there has been shown a disposition in lands as may be needed, which now are being used as a con­ another body to attack one of the leading countries and its structive fund for reclamation, shall be available for the pay­ citizens who have come here. I refer particularly to Italy. ment of th~ interest and principal on these bonds. It is also Some gentlemen first obtain knowledge and then forget to proposed that all new projects shall be placed upon an interest­ .retain it and recollect it when speaking in Congress. In 1915 paying basis, and that they shall be organized into irrigation when the Allies were struggling as ne-ver befo-re Italy eame to or drnJnage di<>tricts with taxing powers, and that such.projects their help and rescue. As one of those who went over in 1918 shall issue bonds equal to the estimated cost of reclamation. to Italy, I saw where the Italian forces had to go in ord-er to These district bonds are to be deposited with the Federal Farm fight the Austrians and the Germans-12,000 feet high, making Loan Board, to be used as collateral security for issues of United their own way up there not by wagon, not by other mechanical States collateral bonds. B.ut such collateral bonds will not be aid, but by foot, dragging cannon and the nn"litary supplies up .issued and sold until the land is developed and settled and has in that manner. They got their water dragged up by ropes and a vah1e equa1 to twice the face value of the district bonds. The cables. I then realized how th-e battles had been fought and proceeds from the sale of the collateral bonds will be placed to how they had been won against odds which appeared insur­ the credit of the reclamation fund to be available for the reclama­ mountable. At that time, if Italy had not responded. Gei·many tion of other L.'ID.ds. and Austria would have won the war.

, CONGRESSIONAL RECOnD-HOUSE. ~LtilCH 5 3918 ' It ill becomes .anybody . at this or any other .tim.e to , refer _ "The-y. are making-. good- progr{' in -every line of enueavor, disparagingly to one particular country at one time and the~ whether in education, art, or music. They are taking an to another brave race-the Irish-at another time. 1 Why de­ active interest in civic matters in the city of New York, and nounce any country and any race who have sacrificed what these the boys of Italian descent can be found in our Army and Navy people have for the Allies? equal in proportion to the ratio of their population to that of I turn to the CoNGRESSIONAL RECORD and see how this House the rest of the country. and the other body received the Italian Commission when it "The coming of the Italian mission to the United States is came here. We find it full of praises extended to these men. bound to increase our respect for the men who have come from When they denounce them, they are assailing such men as Italy, and when people commence to read, to study, and learn Marconi, Cardoni, Dias, and. Nitti Why hold up unjustly the more about those who are in their midst and the country from men who come to this country to do our rough work and try whence they have come the usual result of knowledge follows, in every way to become real American citizens? I say that namely, greater respect for neighbors and a feeling of gratitude there were more men of that particular race under the age of as well as appreciation for their coming. No words of mine can 18 who went into the American Army when war was declared give adequate praise to the invention of the wireless by one than of an:y other race in the United States, anu it is about of the members of this mission, Senator William Marconi, and time we commence to recognize that fact and give them the if Italy was only entitled to the admiration of the world for credit they deserve. giving to it Marconi and his invention, then posterity would Mr. HERSEY. Mr. Chairman, will the gentleman yield? gladly bestow it, but Italy has done more in this war than is Mr. SIEGEL. Certainly. generaliy known. The CHAIRMAN. The time of the -gentleman from New "Italy entered the conflict with the idea of having paid back York has expired. to her the Provinces along the Trentino and Trieste fronts, and Mr. SIEGEL. Will the gentleman from California yield me has spent about $400,000,000 each year since. It is a remarkable one minute more? fact that in 20 years' time Italy had so reduced her national debt Mr. NOLAN. I yield one minute more to the gentleman from that at the time when it became one of the belligerents it had New York. only 5 per cent of it due and owing to foreign nations, or, in other 1\Ir. HERSEY. I wish to know for information to whom the words, in a score of years Italy ha

Adamello, everywhere Austria is ramparted by ranges, ~verywhere Italy " In th~ course of his reply Ambassador Thomas Nclson Page said the . has to fight uphill. Wonderfully, with surpassing skill .and courage, issu~ of the present strugg1e did not concern merely certain countries or, have her troops under her great chief of staff, Cadorna, fought their peoples or nation~ but the whole human ra~e. What had to ·be decided I diffic-ult fight. was whether men should be free 'Or f!lav~s; free to enjoy the fruits of " The Italian war mission is headed by a member of -the House of civilization won by many :years o'f struggle and sacri.fiee or thr: slaves ' Savoy. One of its members is a king of scienoe. We salute in them of those whose names would remain s_ynonymous for brolfen faith. brutal and that mission the gifted, strong, and generous demoeratic nation force, and ruffianly aggression. After a briE'-f review of the policy 1"ol­ whosE>- name is dear to the civilized world. }Qwed by Metternich, the speaker described Germany's 40 years of preparation .for a war of :aggression, and declared that to-day there was no possibility of choice; it was a case of either c<>nq~ing or being con· ""TOPICS OF THE TIMES. quered, and let the conquered beware 1 He spoke or recent events and " SERVICI!tS NO'l' TO BE FORGdern Italy, and concerning its living men of em.l­ as one in this war, and they were bound to become we_aker as the Allies nence not many of us know more than a few of their names. So, too, became stronger. It was only a question of time, firmness, and resist­ the part which Italy bas played in the war is not generally understood ance. and appreciated here, though in proporti-on to her resources she has "Speeches followed from Henry P. Davidson, of the American Red probably done at least as much for the good cause as any of its other Cross, who expressed .his admiration for the- efforts Italy had made dur­ supporters, and her aceomplishments have been neither smal.l nor ing the war, and declared that all tte resources of the United States unimportant. would be at the service of the struggle for liberty; fr-om two American "'l'o the military achievements of Italy, II Cittadino, of this city, calls deputies, LAGUARDIA and Lenz, and from M. Franklin .Bouillon. . A mes­ deserved attention, its motive being, of course, to gain for the members sage to President Wilson, in }1-onor of the occasion was then rend by of the Italian mission, who have just arrived, recognition in some de­ Guglielmo Marconi and dispatched from the Coliseum .straight to Wash­ gree comparable to that which has made so notable the welcome ac­ ington. corded to the representatives of Great Britairl and France. " In Milan the day was celebrated b-y a procession ·through the streets ; "Even at the beginning of the war, .it reminds us, Italy's carefully th~ flags of the allied nations were displayed and large crowds assem­ reasoned and fully justified abandonment of the Central Empire~, with bled at the Porta Venezia,- the Cathedral Square, and at other places which she had been in alliance, was of enormous service, in that it re­ on the route. Speeches were made by the American consul aud IJy lieved France from what otherwise would have been the task of guarding Benito Musso.Jini. The last named said that the people -oi: Mlian had her Italian frontier. After some months of comprehensible delay Italy wished to meet in order to show t:Jle warmth . of their feelings toward entered actively into the war on the side of the Allies, timing her decla­ American democracy. These were not doe merely to the help America ration of belligerency so that it stopped the German rush into Russia could give in the way of war mat~riel and of men but because she had and compelled Germany and Austria to use against Italy great num­ recognized the justice of their cause and had made it her own. bers of troops drawn from the eastern and western fronts. At Dut:azzo ".Signor .Mu.ssolini paid a tribute to England, standing firm through Italy saved the remnant of the Serbian Army-the men now fighting in the vicissitudes of the struggle, and to the heroism of France. No Macedonia-and she captured Monastir, the only allied victory in that ouc, he said, could imy longe:i", in good faith, 'put credence· in Ger­ sector. many's lies.' She alone was responsible for the war. They might stiTI "And Italy can claim the credit of being the only one of the Allies to have to pass through sad experiences, but just -as the men who aceo.m­ carry the war into enemy territory on a really large scale, and ~reby­ panied Christopher Columbus in his searCh for America reached land she has given anxious occupation to large forces of both Germans and when they thought they had been deeeived, 'so we,' declared Mussollili, Austrians-forces whicb, but for her eourllge and efficiency, wou!d 'shall undoubtedly obtain ttre victory if we resist.' · have been 'available for employment ~lsewhere and might have a:l'l'ected " Prolonged apphl.use followed, and ~outs of ' Viva Amrn-ca ! ' ' 'Viva seriously the course of events. Italia! ' while the bands played patriotic airs. "Mr. Speaker, Friday, May 24, will be the third anniversary "Let us, then, sh{)W our appreciation of th-e great sacrifiee. of Italy's entry into the war. being made by Ita~y by cementing th.e ties of friendship. existing "-All over America large mass meetings will be held to eom­ between the two nations. Let us, then, send to Italy a few. memorate the event. In Washington a notable address is to be. regiments of -our troops, to show her we are with her to th~ delivered by Secretary of State Lansing. .In New York 'at a end, and that the Stars and Stripes, now .ilying -over camps ;at meeting to be held at the Metropolitan Opera House "Secretflry Foggia~ Italy, are the symbol of America's ,guaranty that when of 'Var Baker is to be the principal speaker. Everywhere from peace comes America will n-e-v-er forget Italy's great achieve-­ coast to coast the flag of Italy will fly side by side with the flag ments when the fate of Jibe.rty was in the balance." / of the United States in recognition of her braT"e fight for the The CHAIRMAN. The time of the gentleman from New YDr.k world's freedom from autocracy and militarism. has expired. "Italy has twice saved the war for the Allies. The first time J\1r. NOLAN. Mr. Chairman, the gentleman.trom Connecticut was when she declared her neutrality at the outbreak of the [Mr. TILsoN] .has evidenced a keen interest in the passage-of this war. In this mann-er France was enabled to take the tro.ops bill. He introdu.ced a .resolution som-etime ago to investig-ate which had to be maintained along her boundaries adjacent and the cause of conditions of the P-atent Office. He is unavoidably, adjoining Italy. absent to-day, making a speeeh to his college alumni, ~nd he "Events are moving so rapidly from day to day during the asked me to stat-e that if he were here he would sup.JX>rt the bilL past few years that each day's doings are quickly forgotten. I yield the remainder of my time to the gentleman from "It was in May, 1915, that the battle of Verdun was reaching New York [Mr. 1\!AcCRATE]. its greatest intensity and Russia's forees were going to pieces The CHAIRMAN. The gentleman from New York is rec-og­ in hasty retreat. The moment Italy declared war she relieved nized for 10 minutes. both fronts by the action. Mr. MAcCRATE. Mr. Chairman, the ranarks of my colleague ." Many have been the great and heroic deeds of this war, but [Mr. SIEGEL], w.ho just preceded me, suggest something that -per· the world will never forgot the extraordinary deeds of valor ha.ps has been in all your minds, and that is that Americanism performed in the defense of Italy's lines along the Piave River. has a body to it and lives on earth and not up in the air. We " Italy has raised millions of men; and had we listened to the hear a great deal -of discussion of this topie these days, and request made by Signor Marconi, the great inventor, when he some men when discussing it seem to rise and keep up in the . headed the mission here last year, ·this war would have been clouds, but Americanism is something of this life and something lessened by many months. that must be with us day in and £lay out. " The men who came here from Italy have helped in every I believe that the insinuation of the gentleman from Te.xas way to build up America and have demon~trated their real love in his concluding remarks qoes us much to undermine real and devotion to America by dojng their bit in every possible .Americanism as anything that can be said by the wildest blather-: way. skite on a soap box, When you suggest continuously that Mem­ " On A.pril 6 last, the ftnniversary of .America's entry into the bers of Congress are yielding their supp01·t to a measure 'because conflict, monster demonstrations were held throughout Italy. of threats on the outside you a:re sowing the seed of discontent, The Monitor describes it in the following account.: which the agitator cunningly f it, and J.'epresentatives of various regiments. A sta"Dd bad been erected, covered they are gaining the front page of the papers by insinuating with a great tricolor banner, on which a number of distinguished per­ sons, including ambassadors, ministers, deputies, and representatives that we here are docile followers of organized groups. I believe of the allied armies had thcir places. The arrival of Prince Arthur of that we as a body honestly seek to represent what we find to Connaught was the occasion of an uutburst of applause. , ' be the total {)pinion of ftli of the groups in Arne.ricri.., and not "Speaking in the name of the city of Rome, the mayor, Prince Colonna, rendered a tnl>ute of gratitude and admiration to the great any parti~ul.a.r group in America.. American Nation. He was followed · by Signor Berenin'i, minister for 1\fr. Chairman and gentlemen, one af the gravest problems public instruction, who made a short SJ)eech in honor of the interven­ we face is to r-etain the respect of our citizenship for our tion of America, and of the Italian troops fighting on tbe Piave, as well representative form of .government, for if that form is over­ as of those of France and England. At its conclusion he presented a reproduction of -the statue of the Vict()ry of Br~cia to the American thrown we may be forced to accept the soviet form. Those men ambasoador. who daily use Congress as a subject of attack, gaining thereby ' -

'3920 .CONGRESSIONAL -RECORD-HOUSE. ~{ARCH 5,

a moment's fleeting popularity, may by indiscriminate attfi.ck ernment. They believe it should be removed from the Depart­ do lasting wrong to · representative government. We expec~ ment o:f the Interior. On investigation· the committee believed indeed we. asl>: for, just criticism, but _we earnestly hope_ that that that was not practitable, and was not in this emergency of the criticism shall be wisely directed against the membership ·our Government tm ·economical. proposition, and by refusing to rather than against the system of government. · . accede to that group, well organized, well directed, of good Let us, however, not be unmindful of the fact that om: own brains, we have saved the expenditure of thou ands of dollars. actions may bring our professions of faith in American institu­ [Applause.] I sincerely trust. that in considering the question tions and ideals into contempt. A little .while ago the feelings as to what you shall do with our governmental employees you of a great number of our people were grievously injured be- · will not forget tl;lat the Patent Office employees must meet the cause a public official referred to them in language that did best pat.ent brains of the country, and when you expect a $3,000 not suggest the fellowship that should exist among Americans. clerk to successfulJy contend with a $25,000 patent attorney for We can not hope by such terms as· " dago," "wop," and ·one of the greo.at industrial interests of the country you are " sheeny " to make men of foreign birth who · are now in our e~pecting an absolutely impossible thing. · We can not expect midst feel that they are part and parcel of the only group we in the Patent Office to match the brains of Americans in industry represent, the entire American people. · [Applause.] These men with men who only receive $2,500 or $3,000 per· annum. That have thrown off forever allegiance to foreign powers. They ·department is for a public purpose, not only for manufacturers, till our soil, enter into our mines, build our highways, join us not only for inventors, but for the public, and we should have in the Nation's struggles, and contribute to ~he common wel­ men there wise enough and able enough to protect all of the fare. If the process of Americanization shall go on unim­ American people against any one individual who lle ires his pededly, the common speech of Americans must lose the con­ patent. [Applause.] temptuous terms which cut to the quick those we seek to The CHAIRl\1AN. The time of the gentleman has expired. Americanize. 1\fy colleague from New York [Mr. SIEGEL] has All time has expired, and the Clerk will read. paid eloquent tribute to those whose native land was sunny The Clerk read the first clause of the bill. Italy. He has not been extravagant in his praise. The Italian Mr. BLANTON. Mr. Chairman, I move to strike out the last contribution to American life has been too great for any word for the purpose of getting some information. American, especially a member of a legi lative body, to hurl 1\Ir. MANN of Illinois. Mr. Chairman, a parliamentary in­ harsh epithets against American citizens of Italian ancestry quii·y. or birth. The CHAIRMAN. The gentleman will tate it. This bill as originally contemplated had within its purview Mr. l\IANN of Illinoi . Thi being a legislative bill, is it the establishment of a separate court of patent appeals. There being read by sections? has been a wide demand for such a court, because of the di­ The CHAIRMAN. By sectiomt ver ·ity of the decisions in the courts of the country. There is Mr. 1\i.Al\TN of Illinois. Or by paragraphs? no finality of decision by one circuit court of appeals, and a great The CHAIRl\lAN. By sections. The gentleman from Texas many men have insisted that there should be located in Wash­ will be in order at the end of the reading 6f this flection. ington a court of appeals to be known as the court of patent ap­ Mr. BLANTON. I will withdraw the motion for the present. peals. Men are now denouncing Congress because we spend The Clerk read as follows : money and appropriate sums which we must in honor appropri­ Be it enacted, etc .• That section 477 of the Revised Sta tutes be, and ate. The debt of the war must be paid. There are established the !':arne is herf'by, amentleu to read as follows : "SEc. 477. '.fbe salaries of the officers mentioneu in the preceding charges of Government that must be met, but none of these men section shall be as follows : who, apparently, obtain public applause by their denunciation "The Commissioner of Patents, $6,000 a year. of the extravagance of Congress ever tell the people of the mil­ "Tlie First Assistant Commissioner of Patents, $5,500 a year. lions and the billions of dollars that Congress stands in the way "The ~s.;;istant Commissioner of Patents, $4,500 a year. of by refusing to accede to every scheme that somebody bas in his "Five exam.iners in chief, $5,000 a year each." mind. [Applause.] I dare say there is not a committee of Con­ The CHAIRMAN. The Cl~t·k will report the committee gress that does not at some time in a session consider some amendment. . proposition of some large group, an organized .group of our citi­ The Clerk read as followF<: zenship, that contemplates the establi<:;hment of a division of Page 1, line 10, strikl' out t he figures ' 1 $4,500 " anu insert in lieu Government or a department of Government or a new Cabinet thereof the figures " $5,000. ·• . . official. Yet men will seek to gain the handclaps of their own The question was taken. and the amendment was agreed to. con tituency, and of a larger constituency, by saying that we are l\lr. BLANTON. Mr. Chairman, I notice that the salary of yielding prodigal sums to demands of organized groups and will the Commissioner of Patents has been raised $1,000, I believe. refuse to tell their constituencies that the money saved by Con­ The Fir t Assistant Commissioner of Patents is rai ed $1,000, gress exceeds by billions the money spent by Congress. and the five examiners in chief have had their salaries raised This court of patent appeals I hope some day may be a $1,000, or how ·much? reality, but the suggested system of calling one man from each Mr. NOLAN. 'l,_he A sistant Commissioner of P.atents at of the circuits in this country and putting them in Washington · the present time receives $3,GOO. By the adoption of the amend­ did not seem practical to the committee, and I must at this ment his salary is now increased $1,GOO a year. The five ex­ point compli1t;1ent Judge DAVIS, of Tennessee, a member of our· aminer • in chief receive $3,500, and the inc rea e for them in ·subcommittee, for the laborious work that he put upon this this bill makes an increase of $1,500 a year. problem of establishing a court. We thought carefully over l\Ir. BLANTON. Then beginning with the chief clerk under that proposal of taking a circuit judge from every court of the next section on down the raises have been relatively · how appeals and putting them in Washington, but determined that much? that would interfere with the proper conduct of the judicial l\Ir. NOI,Ai". The chief clerk a t the pl'e ent time gets $3,000 )Jusiness in the respective circuits. We considered also the and he is raised $1,000 to $4,000. The law examiners get taking . of the members- of some of the present courts, the $2,700 and they are raised to $4,000 each, or $1,250. The Commerce Court and like bodie!i here in Washington, and giv­ classification examiner receives at the present time $3,600 and ing them such juri<:;diction, but after going thoroughly into the he is raised to $4,200. The examiners in chief, $3,500, and are .problem-we believed that to designate them would not satisfy raised to $5,000. Those are the five examiners in chief pro­ the patent bar of America. I suppose no one will herald the vided in section 1. The interference examiner gets $2,700 and .fact to the country, however, that the Patent Committee by he is raised to $2,900. refusing to establish an independent court or recommend an l\Ir. BLANTON. _So they approximate from $1,000 to $1,500 independent court of patent appeals has saved money to the raise? ,country. Had we suggested such a court it would have been Mr. NOLAN. Yes. In some eases $600. I will state to the easy on the floor of Congress or in the public press to say that gentleman from Texas that the original bill provided more of Congress had found a new way to spend the money of the an increase. The commissioner was placed at $7,500, the first 'American people. We have decided to·continue a study of the ass~stant at $6,000, the assistant commissioner at $5,000, and problem and appeal for suggestions to the American bar. so on down the line--chief clerk, $4,200; law examiners, $4,200; Mr. NOLAN. Mr. Chairman, will the gentleman yield? and so forth. 1\fr. MAcCRATE. Certaii'lly. Mr. BLANTON. Mr. Chairman, I would like to know if the Mr. NOLAN. Will the gentleman also call the attention of chairman of this committee can give me information whether the House to the fact that we refused to establish the Patent or not the distinguished chairman of the Appropriations Com- · Office as an independent bureau? mittee indorses these raises? Mr. MAcCRATE. Yes. Likewise the same argument and the Mr. NOLAN. I · do not know. . same remarks could be directed 'to that subject. There· are a ·Mr. BLANTON. The matter has not been submitted to him? great many men _well-intentioned and of good purpose who be­ Has not the steering committee had the matter presented to lieve the Patent Office should be a separate department of gov- iliem? ·

' . 1920. CONGRESSIONAL R.ECORD-HOUSE. 3921

Mr. NOLAN. · Well, the Rules.-Committee luis. · I .do not know Also-the-following committee amendment was read: if they took it up with the steeririg committee or not. Page 2, Une 20, strike out the figures "$2 700" and insert in lieu Mr. BLANTON. I was just wondering, Mr. Chairman, under thereof " $2,800.,. ' the program of economy concerning which we hear so much The CHAIRMAN. The question is on agreeing to the amend­ 2,700, and 1 at $2,500; 1 third assistant examiner of trade­ placed the distinguished Speaker and "Uncle Joe" CANNON marks and designs at $2.200, and 1 at $2,050; 6 fourth assistant exam­ iners of trade-marks and designs-2 at $1,800 each, 2 at $1,650 each, and myself and others on the black list. God knows I am glad and 2 at $1,500 each; examiners-47 principals, at $3,900 each; 100 to be on their black list with such men as the distinguished first assistants-40 at $3,300 each, 30 at $3,100 each, and 30 at $2,900 Speaker of this House and "Uncle Joe" CANNON, who has each; 100 second assistants-40 at $2,700 each, 30 at $2,500 each, and 30 at $2,350 each: 100 third assistants--40 at $2,200 each, 30 at $2,050 faithfully served his country for 44 years in this body. I each, and 30 at $1,!}25 each; 100 fourth assistants---40 at $1,800 each, want to tell you whom else you are going to hear from besides 30 at $1,630 each, and 30 at $1,500 each; financial clerk, who shall give bond in such amount as tbe Commissioner of. Patents may deter­ the organized clerks of this country and the organized unions mine, $2 500 ; librarian, who shall be qualified to act as assistant exam­ of this country when election time comes; you are going to iner, $2,700 ; 8 chiefs of nonexamining divisions, at $2,500 each ; 8 as­ hear from the people of the country. They are going to asl~ sistant chiefs of nonexamining divisions, at $2,100 each; private secre­ tary, to be selected and appointed by the commissioner, $2,000; trans­ you whether you voted for this economy motion of this man latQr of languages, $2,400 ; assistant translator of languages, $2,000; BLANTON, of Texas, to recommit this bill and get back to clerks-22 of class 4, at $1,800 each ; 33 of class 3, at $1,600 each; economy. They are going to ask you how you stood on some of 100 of class 2, at $1,400 each; 125 of class 1, at $1,200 each; 100 at $1,000 each ; skilled draftsmen, 1 at $1,800 and 3 at $1,600 each; 3 these ma-ny economy and good-government questions that BLAN~ draftsmen, at $1,400 each; 40 copyists, at $1,100 each; 36 messengers, To . has proposed here. They are going to pin you dowri as to at $1,0SO each ; 13 laborers, at $1,080 each ; 50 examiners' aids and 24 whether or not you have stood for these things that BLANTON copy pullers, who shall be selected without regard to apportionment, $720 each ; in all, $1,885,500. has proposed here in behalf of the people, or whetber you have " For special and temporary services of typewriters certified by the voted for these threats and demands. I "am getti~ many let-: Civil Service Commission, who may be employed in such numbers, at $3 ters from your districts now asking me how you stand and per diem, as may, in the judgment of the Commissioner of Patents, be necessary to keep current the work of furnishing manuscript copies of whether you are safe to be returned here. Of course, I answer records, $7,500. - them to the effect that you are my colleagues and that I like " For purcha ·e of law, professional, and other reference books and you, and that they will have to get your record from your publications and !"cientlfic books, and expense of transporting publica­ tions of patents is ued by the Patent Office to foreign Go-rernments, votes. I am not giving you fellows away, but the people of $10,000. . this country are going to examine your records, as well as the " For investigating the question of public use or sale of inventions organized Government clerks and the unions of this-country. ' for two years or more prior to filing· applications _for patents, and such other questions !1--l"iSing in connection with applications for patents as _ The CHAIRMAN. The time of the gentleman from Texas may be deemed necessary by the Commissioner of Patents, and expense has expired. The que tion is on the committee amendment. attending defense of suits instituted against the Commissioner of Pat- Mr. l\1ANN of Illinois. :Mr. Chairman; as I understand this ents, $:!,500. . pill, it provides for some increases in force in the Patent Office In~~;~~tf~:aibB~~e

Office, and provides for an increase in the. cest of obtaining a is distinctly a bill for ecom>my. It saves money to the Govern- patent, sufficient to make up the extra cost provided by the bill, ment. It does not lose nwne-y foF the -Government. . both for increase in numbers and increase in pay~ I ask the .1\fr. BLANTON. M.r. Chairm~ will the gentleman yield? gentleman from California if that is correct? Mr. MANN of lllinoisr Very briefry~ Mr. NOLAN. The shifting of the fees, the filing and . :final Mr. BLANTON. When coal companies in(;Xease the price ot fees, the legislation that was. inclu-ded in the deficiency hill the mining of eoal they add the i.nc~ase to the selling price-, increasing the cost of patents, prac.tieU.Uy takes care of the and the people pay it. The· people a:re paying this inerease. are increase in the force andi increase in the salaries o-f the fo-r(le they not? at the Patent Office. Mr. MANN of illinois. Wait a minute. That is just what I lUr. 1\fANN of lllinois. The report, states that the.re is aa wanted to get at. 'l'Il.e people who want this inerease are the increase, due to doubling the cost of copiest- esti.ma.ted at men interested in patents,. who pay the fees. It is not the gen­ .$156',432·; increase, estimated, due to raising the :filing fee; eraL publie. that fs paying the bills. The man who is an appli­ $382,420~ which is quite a bit over $500,.000. Do I understand cant for a patent wants to h.ave the privilege of paying more that that statement is cwrrect? money on his applkation in onder that he may have more 1\Ir. NOLAN. The inc.rease due to the changing of the filing exper~ in the department and better qualified experts in the and' final fees would, on 1ast year'S" esti!Iill-te,. bring in a little depa.rfi:nent to pass upon his application. A man who files an over $200,000. application for a patent may lose much by not having it Mr. 1\.LA.NN of Illinois. I am reading this statement from the promptly acted upon. ;Eie would much prefer to pay $5 more schedule filed ~ith the report made by the Commissioner- of on his application and have it disposed of within a reasonable Patents. time, than to pay $5 less and not know whether he is going. to Mr. NOLAN. Page 4 gives you the comparative statement of get a patent for a year- or more. It is purely a matter of busi­ business from .January 1 to December 31~ · ness, common sense, and economy. [Applause.] It is to the 1\Ir. 1\fANN of lllinois. I am oot wanting the comparative interest <>! the Government, to the interest of the patent appli­ statement. That is, -with respect to the growth of the Patent cant, of the man who wants to obtain a patent on the invention Office. · which he has made. It is to- his interest to have this bill passed, 1\Ir. NOLAN. fu addition to that, the increased bu.siriess of and it is to our interest to make him pay for it, and he is will­ the Patent Office is given. ing to pay for it. Why should we object? l\Ir. ~IANN of Illinoi . The statement here is that the increase .Mr. McKEOWN. Mr-. Chairman, will the gentleman yield? in the cost of the copies in the filing of: patents will bring in. a Mr-. J\.1ANN of Illinois. Yes~ revenue of more than $500,000 over that which would now be Mr. McKEOWN. Is it not a faet that now complaints come brought in on the same business. in :from all over the country beeause they can not get attention 1\lr. NOLAN. The increase in cost of' copies will bring in at the department? approximately $156,000, and in addition to that th.e increase in l\Ir. :5-.I.ANN of Illinois. Undoubtedly; and that is the situa­ the fiJing fee will' bring-in $200,000. ti~m. and ft is not the- mutt of the Pntent Office. They have lost l\Ir. UANN of Illinois. It is- stated here that tha1t wHI be a large share of their experts. They always will lo e them, no $382~000. matter what salary we pay them. J\.fen in private life will fre­ 1\.fr. NOLAN. The difference there,. if_ the gentleman will quently take from the Patent Office sm;ne of their best experts notice, is the final fee at $20 instead of reduciBg the final fee to an€1. pay them more than. the Government is paying them, no $151 as is proposed in this bilL That is the estimated revenue. matter what we pay them. But they ha-ve had great losses in If the cost of a patent were made $40 instead of $35, if the gen­ .their experts duTing and since the war, and as a matter of tleman will carefully -read that statement-- Imsiness sense,. as a matter of economy, it is to the interest of 1\Ir. MANN of lllino· . I have carefully read it. the Government to increase the foree in order-.to get a suffi..eient l\1r. NOLAN. That is based on the $20 final fee This· is number of men in the Patent Office, to increase the pay in o-rder based on the $15 final f~. That was given some thought by to obtain more efficient men and retain them in the Patent the committee but they did not see their way clear to malting Office. It. is to the interest of the people who seek patents, the final fee $20. We did not leave the final fee at $20. because it enables them to have their a.:ppUcations acted upon l\1r. 1\t.A.NN of lllinois. What I wanted to know was how more promptly and efficiently, and it will not cost the Govern­ much increase is estimated to come to the Government. by the ment one cent. You can not make the pTea o! economy by refus­ raises that are made in this bill in the costs? ing to pass this bill, because in the end the Government will Mr. NOLAN. The increase that would result under the pres­ profit more by the increase in costs tha:n it will spend by the ent biU in the change of the filing and final fee on last year•s increase in number or salaries of the employees. [Applause.] business is estimated at $200,270, and on the increase in. cost of The CHAIRMAN. The time of the gentleman from Illinois copies $156',432. has expired. The question is· on. agreeing to the committee 1\Ir. ROSE_ :Mr. Chairmanr will the gentleman permit me to amendment. ask him a short question? The committee am~ndment was. agreed to. 1\Jr. lUANN of Illinois. Yes The CHAIRl\.fAN. The Clerk will report the next committee Mr. ROSE. I would like to know if the Patent Office at p-res­ : amenillnent. ent is self- ustaining? · The Clerk read as follows : lUr. MANN of illinois. It fuls, always been more than self­ Page 3, line Il, strike· out the· fl.gu:res .. $1,000·" and insert in lieu sustaining, in that the revenue received is more than the appro­ thereof the figures " $1,100." priations made for its maintenance, although I do not thi.nk The CHAIRl\fAN. The question is o-n agreeing to the a.mend­ that is especially im-portant.. The fact is this. that the Patent ment. Office now-- The amendment- was agreed to. The €JHAIR~1AN- The time of tlle gentleman from Illinois The CHAIRMAN. The Clerk will report tne next committee has expired. amendment. 1\:fr. 1\fA.l\TN of lllinois. I will ask for an extension of five The Clerk read as :follows : minutes. :r want to. say a word or two. Page 3', line 15, strike out " fifty " and insert in Ueu thereof. '' fotty­ The CHAIRl\IAN. The gentleman from Illinois asks unani­ . seven." mon consent to proceed for five additional minutes. Is there The CHAIRMAN. The question is on agreeing to tbe amend­ Qbjeetion? ment. The.re was no objection. The amendment waS: agreed to. Mr. MANN of Dlinois. The Patent Office as. now constituted,. The CHAIRMAN. The Clerk will report the next com.mittee with the force that it has. is unable to keep up witn the cur­ ; amendment~ . rent work, and that situation has been made a little worse 'l'he Clerk read as follow.s : owing to the conditions of the war and resignations of men. in Page 3, line 15, strike out the words "tw:enty-four" and insert in the Patent Office who receive much higher compensation by lieu thexeof the words " thirty-nine_" going into _private life. In my judgment, if we will pass this The CHAIRMAN. The question is on agreeing to tile amend­ bill into law and increase tile compensation ot various of the . ment. employees and officers of the Patent Office, and increase the The amendment was agreed tO; charge which is made for patents and cGpies. and increase the The CHAIRMAN. The Clerk will report the next committee number of experts in the Patent Officef we will not lose_money amendment. by it, but we will have a greater surplus turned into the Treas­ The· Clerk read as follows~ :. ury jrom the Patent Office than would be turned in under pres­ Page 3, line 17, strike out " $1,885,500 " and insert in. lieu th reof ent conditions,. and instead of being an item of extravagance It "-$1,944,740.'"" , ,

' . 1920. OONGRESSION 1\L RECORD-HOUSE. 3923

1\lr. BLACK. llli'. Chairman, I 'vant to call the attention of may deem reasonable; and upon a decree being rendered in any such case for an infl'ingement the complainant shall be entitled to recover the chairman of the committee, who has this bill in charge, to in addition to the profits to be accounted fo1· by the defendant the the fact that this is not an appropriation bill, and it occurs damages the complainant has sustained thereby and the court 'sha1l to me that the insertion of the total named on line 17 would be· assess the same or cause the same to be assessed under its direction If proof is not otl'ered or, in the absence of adequate proof of the unusual in a legislative provision. I suggest that it would be amount that shall be awarded as damages or profits, the court on due better to strike out beginning with the words "in all," because proceedings had, may adjudge and decree to the owner payment of a this is an authorization for a certain number of employees, and reasonable royalty or other form of general damages. And the court sha_ll h.ave the same power to increase such damages, in its discretion, to amend section 440 of the Revised Statutes, and is in rio as 1s g~ven to. increase the damages found by verdicts in actions in the sen e an appropriation bill. nature of actiOns of trespass upon the case· but in any suit or action While I am on my ·feet I woulu like to ask the chairman of the brought for the infringement of any patent 'there shall be no recovery of profits or damages for any infringement committed more than Six committee another question. On page 4, in this same section, is a years befo1·e the filing of the bill of complaint or the issuing of the writ paragraph providing for investigating the question of public use m sue~ suit or ~ction, and this provision shall apply to existing cause or sale of inventions for two years or more, and so on, $2,500. Is of action. And 1t shall ·be the duty of the clerks of such courts within one month after the filing of any action, suit, or proceeding arising it the intention of the chairman to make that $2,500 a limita­ under the patent laws to give notice thereof in writing to the Commis­ tion on the alllount that can be expended in the future for this sioner of Patents, setting forth in order the names and addresses of the purpose? That language would effect a limitation, and if in litigants, names of the inventors, and the designating number or num­ bers of the patent or patehts upon which the action, suit, or proceeding the future it should become necessary to spend more money has been brought, and it shall be the duty of the Commissh:mer of Pat­ for that purpose it could not be appropriated by the Committee ents on receipt of such notice forthwith to indorse the same upon the on Appropriations if a point of order was made, because the file wrapper of the said patent or patents and to incorporate the same as a part of the contents of said file or file wrapper ; and for each limitation would be in the law. notice required to be furnished to the Commissioner of Patents in com­ Mr. NOLAN. The language carried is to provide for that ~}i~It.'Jterewith a fee of 50 cents shall be taxed by the clerk as costs particular amount, the same as in the preceding section. l\Ir. BLACK. Of course, if the Committee on Patents have With the following committee amendment: considered the question and want to put into the law a limi­ Page 8, line 7, after the word "direction," strike out: tation that in, the future you can not appropriate more for that If proof is not otl'ered or, in the absence of adequate proof of the vurpose- amount that shall be awarded as damages or profits, the court, on due proceedings had, may adjudge and decree to the owner payment Mr. MANN of Illinois. But it is an authorization which per­ of a reasonable royalty or other form of general damages. mits an appropriation of that much, which probably would be subject to a point of order on an appropriation bill without the And in lieu thereof insert : · If on the proofs it shall appear that the complainant has suffered authorization. damage from the infringement or that the defendant has realized Mr. BLACK. Very true, but the point I am making is that profits therefrom to whkh the complainant is justly entitled, but that if it should become necessary to appropriate $4,000 for this such damages and profits are not susceptible of exact calculation and particular purpose oat some time in the future, it would be with­ determin~tion, the court may, on evidence tending to establish the same, in its discretion, receive opinion or expert testimony, which is out authorization of lmv. hereby declru:ed to be com~etent and admissible, subject to the gen­ Mr. MANN of ·Illinois. Yes; but without this language it eral rules of evidence applicable to this character of testimony ; and upon such evidence tlie court may adjudge and decree the payment by might be without authorization of law to appropriate one dollar. the defendant to the complainant of a reasonable sum as a royalty or Mr. BLACK. That is very true, and I am not complaining general damages for the infringement. · of that. I am simply asking if it is intended to limit the apthorization to $2,500? If it is not intended to limit it to that Mr. GARD. Mr. Chairman, I move to str~e out the la t amount! the .figures "$2,500" ought to go out, because in the wot·d, for the purpose of asking a que~tion. Probably my future 1f the Patent Office needed $4,000 for that purpose and question should be directed to the gentleman from Tennessee the ·committee on Appropriations attempted to give it, it would [Mr. DAvis]. I was not here at the time he maqe his state­ be subject to a point of order. ment, and it may be that I should have been here in or

I presume that means other than what is called opinion or awardln;g damages arbitrarily without adequate proofs taken in the accountmg. expert witnes es? It seems to me that all that is necessary is for the accounting to l\11'. DAVIS of Tennessee. Yes. proceed, the parties making an effort to prove what damages or profits Mr. GARD. This follows the first ~xpres i"n on evidence there were, if any, which the defendant should pay. If when they have done the best they can it appears that the plaintifr has suffered damages which had before been given? or that the defendant has made profits to which the plaintiff is entitled l\ir. DAVIS of Tennes ee. Yes. but that the amount can not be calculated, th(m the court should I 1\fr. GARD. Then, in line 20, it provides- think, have th~ right on proper evidence to award general damages. ' The suggestion that I have made assumes proof. I think that there and upon such evidence the court may adjudge and decree the payment should be proofs, and that they should be directed to the determination by the defendant to the complainant of a reasonable sum as a royalty of the exact amount that ought to be paid. It also assumes that if or general damages for the infringement. exact damages and profits can not be calculated the court may, but only ' Is the word " such " limited to the so-called opinion or testi­ • on evidence tending to establish the same," decree a payment in the nature of a royalty or of general damages. mony or does it mean all the testimony in theca e? If the matter is dealt with, as I have suggested, the parties would Mr. DAVIS of Tenne.o::;see. It means all the testimony, be­ put in such proofs as they desired, both as to the exact damages or cau. e the gentleman will note thn.t the amendment follows the profits which should be recovered, or as to what would be fair to award if an exact compensation could not be determined. It seems to me that - general provision which provides that the decree may be ren­ this leaves the matter exactly as it should be lett. I am certain that no dered in any such case-- power should be given the courts to order a payme.nt without proofs In case of infringement complainant shall be entitled to recover in and that should not be troubled with the question whether an accounting addition to the profits to be accounted for by the defendant the dam­ was worth while. ages the complainant had sustained thereby, and the court shall assess I should be glad to know bow this form that I have suggested appeals the same or cause the same to be assessed under its direction. to you. Then follows this provision, thnt provides that the court may, Very truly, yours, F. P. FISH. witllin its discretion, permit opinion or expert testimony, and 1\fr. GARD. I think that is all right. The only question I in order that it may not be abused the gentleman will note .that had was the use of the words " in his discretion " as qualifying such testimony is subject to the general rules of evidence the admissibility of the testimony. applicable to this cha.I'acter of testimony. Mr. DAVIS of Tennessee. I do not think those words have Mr. G.A.RD. Then how does the gentleman reconcile this any special force; I think when its says the court may it leaves statement in line 16 : it in his discretion. I do not think it is vitally important. The court may, on evidence tending to establish the same, in its dis­ Mr. GARD. Will the gentleman advise me if the language cretion, receive opinion or expert testimony, which is hereby declared on page 9, lines 7 to 24, is new language? to be competent and admissible. Mr. DAVIS of Tennessee. It is new language beginning with If it is declared to be competent and admissible, what discre­ the word" and," on page 9, line 7. tion is there vested in the court not to receive it? The CHAIRMAN. The question is on the committee runend- Mr. DAVIS of Tennessee. Whenever there is a case, in the m~~ , opinion of the court, where it should be admitted it becomes The comrnlttee amendment was agreed tO. 1 admissible. In other words, it is inadmissible unless the situa­ Mr. DAVIS of Tennessee. 1\fr. Chairman, I want to call the tion arises where it is evident to the court that the complainant attention of the chairman of the Patents Committee to the fact has a good cause of action and is unable to establish his dam- that, on page 9, line 7, the word "cause" should be "causes." ages by the ordinary' method of proof. . This is simply a recitation of the statute in which the word Mr. GARD .• Would it not be better to say the court may on " causes ,. is used and should be used. I move to amend bY.: evidence tending to establish the same r~eive opinion or expert striking out tlie word" cause," in line 7, page 9, and inserting-the testimony which is declared to be competent and admissible, word "causes" in lieu thereof. leaving out the words "in his discretion," because that might The 0HAIRl\1AN. The Clerk will report the amendment. ·be to limit the phrase hereby declared to be competent and The Clerk read as follows: admissible. Page 9, line 7, strike out the word .. cause" and insert in lieu thereof Mr. ?tfA.cCRATE. Will the gentleman yield? the word "causes." Mr. GARD. Yes. The CHA.IRMAN. The question is on agreeing to the amend- Mr. MAceRATE. Was not the very purpose of the language ment. · of the bill to limit opinion evidence only to such cases as the The amendment was agreed to. , court felt he-desired it? Mr. MANN of Illinois. Mr. Chairman, I move to amend, on Mr. GARD. It says: page 9, line 11~ by inserting after the word " order " the words The court may on evidence tending to establish the same receive " so far as known." · opinion or expert evidence. The CHAIRMAN. The Clerk will report the amendment. I1 And so forth. The Clerk read as follows : Mr. MAcCRATE. That is, heretofore the opinions of the ex­ Page 9, line 11, after the word •• order," insert the words " so tar pert have not been admissible. Now the court may say I want it as known." 1 or I do not want it. The difficulty has been heretofore that Mr. MANN of Illinoia. Mr. Chairman, it seems to me that many· a man attempted to prove his case by legal evidence, by we ought not to require the clerk to do something which pos­ the ordinary method of producing witnesses, and failed at a sibly he can not do. He may not know the addresses of all the certain point, and the court would have to say the proof is in­ defendants. sufficient, and although he believed damage had been suff~red Mr. DAVIS of Tennessee. Mr. Chairman, I think the sug- and there had been an infringement could give no relief. Under gestion is proper. . this bill he can say I desire you to submit opinion or expert evi­ The CHAIRMAN. The question is on agreeing to the amend- , dence. I would suggest to the gentleman from Ohio that the ment. · gentleman from Tennessee took this up with a great number The 11mendment was agreed to. of distinguished judges and has the opinion of all these men that The Clerk read as :follows : this language meets the situation. SEc. 8. That section 4934 of the Revised Statutes be. and the same Mr. GARD. That is what I was inquiring about. is hereby, amended to read as follows: Mr. DAVIS of Tennessee. Mr. Chairman, if the gentleman "SEc. 4934. The tollowing shall be the rates for patent fees: "On filing each original application for a patent, except in design will allow, I would like to read a letter from Frederick P. Fish, cases, $20. who is an eminent patent attorney, the dean Of the patent law­ " On issuing each original patent, except in design cases $15. yers. I submitted this for his opinion, he being one of those " In design cases : For 3 years and 6 months, $10 ; for 7 years, $15 ; for 14 years, $30. who drafted the bill in its original form. "On every application for the reissue of a. patent, $30. FISH, RICHARDSON & NEAV~, " On filing each disclaimer, $10. Boston, August 15, 191.9. " On an appeal for the first time from the primary examiners to the lion. EWIN L. DAVIS, examiners in chief, $10. Oommi.ttee on Pa'tents, House of Representatives, " On every appeal from the examiners in chief to the commis­ Washington, D. 0. sioner, $20. MY DEAR MR. DAVIS: May I suggest a form of amendment that seems "For copies of records made by the Patent Office, excluding printed to me to meet your view and perhaps to be in some respects more satis· copies, 10 cents per hundred words. factory in phraseology than the amendment that you prepared? "For each certificate, 25 cents. " If on the proofs it shall appear that the complainant has suffered "For recording every assignment, agreement, power of attorney, or damage from the infringement or that the defendant has realized profits other paper of 300 words or under, $1; of over 300 and under 1,000 therefrom, to which the ~omplainant is juStly entitled, but that such words, $2; and for each additional thousand words or fraction thereof, damage and profits are not susceptible of exact calculation and deter­ $1 ; for each additional patent or application included in one writing, mination, the court may on evidence tending to establish the same ad­ where more than one is so included, 25 cents additional. judge and decree the payment by the defendant to the complainant of a "For copies of drawings, the reasonable cost of making them." reasonable sum as a royalty or general damages for the infringement." Mr. l\fANN of Illinois. 1\fr. Ohairrnan, I move to am-end, on In equity cases there always bas to be an accounting, and it can be made as expensive or-as cheap as the parties please subject to the con­ page 10, line 4., by striking out the .figures" 15" and inserting in trol of the court. I do not think that the statutes should contemplate lieu thereof the figures "20." r 1920. OONGRESSION NL RECORD-iHOUSE.

The CHAJRl\LAN. The Clerk will report the ::amendment. Office justifies th'e concl:usion that there will be about $200,000 The Clerk read as follows : of increased revenue as a ,result of this transfer of $20 to the rage 10, 'line 4, Etrike out the figures "15" and insert in lieu -th.ereo! .application and $15 to -the final issuance. 'the ligtlrCS " 20." May I suggest, in answer to what was said by the gentleman Mr. :MANN of illinois. Mr. Chairman, as I understand it, the from .Texas [Mr. "BLANTON], that when a governmental depart­ present law requires a fee of $15 ron each eriginal :application £or ment is .able to increase saJ.aries for services rendered ·without a patent. This bill proposes to increase that sum to $20 . .The any ..appropriation from the Federal Treasury, and when !the present law requires a fee of $20 on the issuance of an m-iginal people who receive the service are satisfied with the charge, patent. This bill proposes to decrease that amount to $15. I Congress certainly ought not to be blamed for its acti-on in· do not think there is any demand for that decrease, and Jf we raising -sahrries. A man who will promise to recommit a bilP make the fee $20 in each ·case, it will more than pay all ·of the · before the bill is argued or heard or discussed certainly can extra employees and compensation .provided for in the bill. Un­ not ·expect to- take much credit· from this House, in -view ot the'' less gentlemen have some-very strong argument for .a-reduction fact that under this bill $200;000 of money comes into the of tbis fee, I think we ought to keep the fee where it is now, Treasury that otherwise would not come. I hope. in the in­ having by the bill increased the fee for filing from $15 to "$20. I terest of the !inventer, that we will not saddle this ·extra -$5F: can see no special reason for increasing one and decreasing the because the Government is .making and has heretofore made other. money from the Patent Office. I do not believe the American Mr. NOLAN. Mr. Chaicrnan, the committee had in mind in people -expect us to require the department to earn a gre;at sur­ cansider.ing this bill the raising of additional revenue so that the pillS every year. increased cost of running the Patent Office might be met by are­ The CHAIRMAN. "The ·question is on the.amendment offered arrangement of the fees and an increase of certain fees. It was by the gentleman from illinois. pointed .out to us that by changing-the filing fee from $15 to :$20 .Mr. l\1ANN of illinois. Mr. Chairman, I did not imow whether and the final fee from .$20 to $15, approximately $200,000 would this would be opposed by the committee 'or not. I would like to be -secured in additional rev:enue. We had •in mind -only keeping have the -attention of Members for a moment. I have been told the Patent Offiee abuut in the same relative :position :it is in t-o­ repeatedly, and I ha-.-re no doubt that similar information has day-that isf so far as its surplus is ..concerned-and net creating come to many Members ·of Congress from men interested in any considerable· addition in the way of sm·plus. In the year obtaining patents. that they w:ant more -efficient help; that they 1919 there were 76,484 applications ,for patent. There 'were want more help ; that they were willing to pay for- :it; and I· final fees paid du:ring that year on 36,680, SO that -a little lesS supposed when this bill w.as reported it was the .intention to than 40,000 of those 76,000 patents were finally adjndi:cated. increase the ·number and pay 'Of·-employees, whiCh -means in-· That is about the percentage it runs in the P.atent Office. In crease their efficiency and increase the fees to be receivd by the changing the fees, as we propose, it increas~s tbe ;revenue ap­ Government sufficiently to pay for the increase in the numbers proximately $200,000 from lhe fees .in connection with the cost and }>ay of the employees. The present law provides for a filing, of a patent. If .the .amendment of the .gentleman from-illinois fee on ..:the original application -of -:$15. Th-e committee propose~ be adopted-and I do not know that there is any serious objec­ to :raise. that to $204 Tha.t will :raise· $200,000. The present law tion to increasing the cost -of a patent from -$3'5 to $40-it would provides 'for ~ $20 fee when the pate;J.t is issued. The com­ mean about '$383,000.Jncrease to the Patent Office :from fees, both mittee :proposes· to reduce :that to :$15. That will cost the G.ov­ final .and filing. -ern:me:nt $182;'000. Outside of the-increase in the cost of ·copies 1\fr. BRIGGS. Mr. Chairman, will the gentleman yield'? of patent pr-oposed by this bill; very' largely not obtained . by_ Mr. NOLAN. Yes. inventors at all, the .total .cost .of increasing the. :pay and the. Mr. BRIGGS. ·wbat assurance has the gentleman that the number o·f employees will come out of the Federal Treasury. If large excess of fees in 1919 over those in ~918 will increase? we keep the f-ee fot· obtaining t.he patent at $20, where it now is, Is is not true that in 1918 J:here was 11 deficit of $73,4:Ut3.5 in the we will obtain.$182,000 mo:re than we wlll.if we reduce it. Patent Office, w.hile there was an excess in 1919? · Mr. NOLAN. Will the -gentleman yield? Mr. NOLAN. Yes. Mr. l\1ANN of Illinois. ..I will. Mr. BRIGGS. What assnrance bas the gentleman !that tws Mr. NOLAN. .I am sure the g-entleman does not want to make excess will continue! a statement that is not entirely accurate- 1\Ir. NOLAN. The fact of tbe matter .is that during,1918, due Mr. M~"'N of Il1inois. I have not made any such statement, to the fact that men were limited in their .op:.J!)Qrtnni:ty :to ex­ unless the ·gentleman's report is wrong. . -ploit patents, the number of applications-in ..the P.atent Office Mr. NOLAN. Take the report; for instance, I have no ob­ decreased. The number -of applications in the P11.tent om~e jection, I will say, to the increase proposed by the gentleman d11ring the -year 1919, due to the natural increase and the from Illinois. stimulus of inyention, very much increased. -It is expected Mr. MA...~ ·Of illinois. I i:hink I understand the gentleman's that that ratio will go on-seventy thousand and odd applica­ posi'tion-- tions each year-and -that it will possibly increase, beca.use _,fue Mr. NOllAN. In reference to reducing the .final fee we had work of the Patent Office year by year has-steadily increased, certain thilrgs in-mind. Take the figures for last year. There and the only trouble about it was that there was a falling olf were 36;000 iinal-- in 1917 as against 3.916, due to the fact that only -essential Mr. l\1ANN of Illinois. And the gentleman wants somebody industries were ~lowed to operate in this eountry. to multiply. I will give the ligures for last year. The estimate, Mr. BRIGGS. What has been the percentage_of .increase ·jn based on the figures of last year, is: Increase due to doubling: the application for patent up liiltil 19187 cost of copies, $156,432; increase that would result if filing. fee Mr. NOLAN. That information is in the hearings, bnt I of applications for inventions be raised from $15 to $ZO and , could not give it to the gentleman offhand. final fees be reduced from $3{) to $15, $200,000. The increase, Mr. BRIGGS. -Is not the increase in _1919 due in large meas­ if final fees are not reduced, $382,000. There is a loss of ure to the fact ~hat during the war .they fell off, and that in $182,000, which the gentleman will admit-- 1919, the war having terminated for practical purposes a flood l\1r. NOLAN. I me~n if we adopt the gentleman's amendment, of new applications came on, and it might not be 1·easo'nable to it will provide additional revenue of $182,000. The bill provides -expect the sai}le ratio would continue for 1920? for an additional amount of· $200,000, and if the gentleman's l\1r. NOLAN. I do not think there is any doubt of it. I think amendment is adopted, it will make it $382,000. if there is any cham~e of getting -prompt action in the Patent Mr. M~'N of Illinois. The gentleman is right. If my amend- • Office, the number of applications will increase. A lot of men ..mentis adopted, it will raise an additional revenue of '$182,000, in this country will not apply for a patent, due to that fact. and raise enough to equal $511,000 in increase of salaries and Mr. 1\IAcCRATE. 1\'Ir. Chairman, I would suggest to the cum­ increase in numbers of employees. In other words, we will do mittee that the reason for increasing the application fee to what we have been besieged to do by the inventors and patent $20 and reduci~g the fin-al fee to $15 was not only to provide attorneys. We will gjve them more help and better. for which additional revenue but to adjust the fees to the work done by they pay. Now, they have talked about paying for a long time, the department. The suggestion was made to the committee and I think they are willing to pay for it, and I think they ought that $20 was a fairer fee for .application than $20 for. final to be required to pay for it when they are willing to pay for it. issuance. The work of the Patent Office in the preliminaries of [A-pplause.] . the application deserves $20, while the final fee of $15 would ?l.t:r. ROSE. Mr. Chairman, I move to strike out· the last be more neru·ly adequate· for the service Tendered there. The word. Mr. Chairman, I am deeply interested in the passage of Patent Office has heretofore made money; and while it may be the pending measure. During the early discussion of the bill true, as 'Suggested, that the increase for 1919 is to a large ex­ the distinguished gentleman from Texas [Mr. BLANTON] made tent due to i:he fact that patent applications were withheld .mention of the dire threats hurled against the Members of this during the war, nevertheless the natural growth of the Patent House from labor and other unions throughout the United 3926 CONGRESSIONAL RECORD-HOUSE. 1\fARCH 5, -- -- ·- -- -- States, -Iodged complaints against them, rejoiced because· of the put them under the control of the Commissioner of Patents, so splendid company in which he finds himself, and yet in the that he can stop any improper practices. same breath hurls threats at those of us who are not in sympathy Mr. CANNON. The bill is a good one, and I hope it may with hfs proposition to work for economy with a big "E." protect people scattered all over the country who are ignorant Let me say that the Republicans of this House desire to· of th~ patent laws and who have not the money to employ a economize in every possible manner, but it will hardly be said· patent lawyer, but who finally get the money together to em­ that eyery reduction in appropriations results in economy. I ploy one; friends frequently assisting them in tt·ying to obtain am in receipt of numerous requests for the passage of the bill a patent. now under consideration, one being from a gentleman in whom I just want to tell an incident that happened when I was a I have great confidence, one who holds his position by reason boy. In the year 1855 there was a 'long, gangling fellow, as tall of his acknowledged ability, and upon whose judgment great as the gentleman from Massachusetts [Mr. OLNEY] but not so .dependence can safely be placed. I make bold to say that heavy, who learned the carpenter's trade. He was a wonderful lawyers in general are not capable of preparing proper specifi­ y~ung fellow, and he finally took contracts to build houses him­ cations necessary to support an application for a patent, and self, at which he was fairly successful after he got started. 'therefore it is that inventors are required to enlist the services . But before that he had been wor.b.i.ng at a dollar a day. He of experts in that line of work, and hence it is that the depart­ invented an adding machine. I was a boy of all work in a tment should have in its employ men who are equally skilled little country shop, before the day of railroads, out in that . in order that full justice may be done. Under the present country. I said, "John, bring the machine to me. I want to rate of salaries capable men can not be retained in the service see if it can add. I gave him a ·list of figures, and it added of the Government, but the passage of the pending measure them all right. The machine was that high [indicating]. It will go very far toward securing the class of employees so had been constructed by him, and no other adding machine -urgently needed. I ask to ·read in my time a letter received existed up to that time. I said, " That ought to make you a ·from -Mr. George E. Thackray, special engineer, in the employ fortune." He said that he had had some correspondence abo\.1t of the Midvale Steel Co. at Johnstown, Pa.. It is as follows: · it, but that he had to get $Z5 saved up before he cou1d make his CAMBRIA STEEL CO., application. It ran along and ran along, arid finally the war Johnstown, Pa., July f!J, 1919. broke out, and he went into the Army and became a lieutenant Hon. JOHN M. ROSE, M. C., Washington, D. 0. colonel before he was discharged. After he had gotten out and DEAR SIR: Permit me to call your respectful attention to House of could have employed an attorney, he found that somebody else, Representatives bill No. 5011, to establish a patent and trade-mark office some smart young fellow or old fellow, had gotten ri patent- on independent of any other department, etc., and Senate bill No. 818, to establish a Unitt>d States court of patent appeals, etc., and to supple­ the device. mentary bill, the number of which I do not have, which has been intro­ I am under the impression from the munber of letters that I duced for the purpose of increasing the salaries in the Patent Office get from old men, middle-aged men, and young men, that if and adding to the forces t~reof, all of which, in my opinion, are needed. Under present conditions it is practically impossible to do business there was some way to have patent attorneys who would be fair with the Patent Office owing to the fact that they are short of help ­ and square, much money might be saved to people who are not !because the pay is too small and the technical assistants will not stay with them, besides which the appropriations for printing copies of able to afford the expense. I do not know that the gentleman ·patents have been exhausted and no copies can be had, resu1ting in in­ has any suggestion to make along that line, and I do not know terminable delays and expense in our investigations and studies. that my suggestion is worth anything. You say that the Com­ You can see from the reports of the Commissioner of Patents that they is have almost invariably produced a surplus for the Government from the missioner of Patents to watch the attorneys who merely want year 1837 to the present time.and for the last few years this has been to get the money without regard to whether the patent is worth over $200,000 a _year and in certain prior exceptional years the surplus a snap or not? was as large as ~471,000. A large part of the business and industrial development of this coun­ Mr. NOLAN. We are giving greater power to the Commis­ try is tiased upon patents under constitutional provision and amend­ sioner of Patents to admit men who are all right or disbar men ments and most of the countries of the world have adopted a patent who are guilty of improper practices. system similar to that of the United States, as they fully appreciate the advantages of same. Mr. CANNON. In brder to become a patent attorney does a Under these conditions this branch of the Government should have man hav-e to go through an examination? Does he have to full support, and anything that you can do toward this end will be establish good character and all that kind of thing? Attorneys a pprecla ted. Yours, very truly, GEO. E. THACKRAY, who practice law have to do that. Special Engineer. Mr. NOLAN. To the satisfaction of the Patent Commissioner. Now, in my opinion, the foregoing comments, coming from a Mr. CHINDBLOM. I rise in opposition to the pro forma highly skilled and technical engineer, should have more than amendment for the purpose of asking a question. I observe that ordinary weight in this body, especially with those of us who are the fee for copies of record made by the Patent Office is 10 cents not familiar with the work of the Patent Office, and bring us per hundred words, excluding printed copies. Is there any fee to the conclusion that it is our duty to stand by the committee fixed by statute for printed copies? having this legislation in charge and provide the Patent Office Mr. NOLAN. Ten cents a copy. It was formerly 5 cents, but with the class of employees of which it stands in need. · the defi-ciency bill made it 10 cents, which brings an additional The CHAIRMAN. The question is on the amendment of the revenue of $150,000 a year. gentleman from Illinois [Mr. MANN]. 1\.'Ir. CHINDBLOM. I have had complaint that that fee was Mr. NOLAN. Mr. Chairman, so far as I know, there is no excessive. Has the committee considered that in connection with objection on the part of the committee. the bill? Mr. GARD. 1\.lr. Chairman, I ask that the amendment be Mr. NOLAN. We did; and there was not any complaint from read. any one of the scores of people who appeared before our com­ The amendment was again reported. mittee against the 10-cent fee. The CHAIRMAN. The question is on agreeing to the amend­ Mr. w· ALSH. Mr. Chairman, I mov~ to strike out the last ment. two words for the purpose of asking the chairman of the com­ The amendment was agreed to. mittee a question. Is this the measure that has been denomi­ 1\fr. CANNON. 1\.lr. Chairman, I move a pro forma amend­ nated by some of the various patent attorneys in large industries ment. of the country as the "Nolan life-saving Patent Office bill"? The CHAIRMAN. The gentleman from illinois moves to 1\ir. NOLAN. I will say to the gentleman, it is, but he will strike out the last word. have to go to those gentlemen to find out why they so named ~1r. CANNON. l\1r. Chairman, I do not know much about it. I do not know, except it will save the life of the Patent the patent laws. Does anybody know how many patents are Office. applied for each year? - l\1r. WALSH. I was wondering if this was the measure, 1\Ir. NOLAN. If the gentleman wants the exact figures of because I have received several hundred communications from last year, I -will give them to him. During the year 1919 there a great many different people, and they have all referred to this were 76,484 applications, and there were 36,680 patents granted. m-easure as the "Nolan life-saving Patent Office bill." Now, I During the year 1918 there were 57,180 applications and 38,000 think it may be very well named. The gentleman says he did patents granted. not give it that name. I will further state that all these com­ Mr. CANNON. And what is the fee that is paid if the patent munications were in favor of the measure, and a great many is finally granted? Fifteen dollars? of them pointed out that, while it might increase the cost of doing Mr. NOLAN. The final fee under the present law is $20. The business ·with the Patent Office, these people who evinced their filing fee is $15, but under this bill it_is increased to $20, and approval raised no objection to that. Can the gentleman explain the final. fee remains at $20. . to me how this measure cam-e to receive that appellation? Mr. CANNON. What is the fee of the patent attorney? l\lr. NOLAN. I can not, I will say to the gentleman. Mr. NOLAN. We make no attempt to regulate the fees of Mr. BLANTON. Mr. Chairman, I move to strike out the· the patent attorneys. We do make some attempt in this bill to paragraph. · 1920. CO'NGRESSIONAL REOORD-,HOUSE.

Mr. Chairman, this is just oue more ·instaooe o-f passing tbe _tbne lt.roke-the machiq~ry of ·tha.t ,gr-ound tlu:asher. Jrhere have increase in salaries "on to the Jones.es." We have in this biU been patents aad ·pateats ;an(i} patents. W:e ha"--e hadt.all kiAiJS raised the present salaries in the :eatent Office alone $5.11,000~ Qf e~perieaees. and the distinguished gentleman from New Nork ·[Mr. Mac­ Now, I .am oot:goip.g to wish ·-anytbing b~·to ·the gentleman CRATE] and my distinguished friend from .Pennsylvania [.Mr. .:from Texas, but ·huro.an .e.fi10Jrt ; an:d intelligenee ll.a ve, done rg:reat; RosE] seem to think it is all right, bec.a.use they say it does -.things, and have hee.n ·.stim:ulated. t)t J;~~. from· th'e sel6.$h not come out of anybody but tbe people who get patents; ·and · standpc.int, el!ience b..e w~uld not increased and passed on to the people in the articles they buy. have m_a;de that ,speech. EL.a.:ughter.] Farm utensils and household furnishings come higher beeause Mr. GOODYKOONT~. Mr. Chairman and g-entlemen of the wages are raised. It is •another case. of pa.ssing it on to the committee, in order to further develop ·this ,subject along the 110,000,000 people of this country. line brought out by the gentleman from lllinm.s [Mr. 04'NNON]~ Gentlemen talk about it being impossible to get patents. I the friend of Lincoln and the grand old ;ma.a of the House-­ had one of my constituents -come up here -not so very long ago, as to th.e ser-viee tha..t is rendered by this Patent O:ffiee in aid • and I referred him to a patent attorney, and he promptly or -a.s!iii!;itaoce of the man who has an idea .and wants to mrry got a patent on a farm tractor, and his farm tractor is, on hi.s invention to fruition, I want to erave y,our indulgenc;e just the farms to-day, helping to .plow up the lands i.ri Texas. Not for .a little>while. 1As a :Practicing lawy-er I have never special­ so very long ago one of my constituents came up here and ized in parent l:aw~ and wb£neve.r- I ha..d a elient to c.ome to me wanted to get a patent on a portable hotel. I referred him to with,a. seheme fo:r a re.vohriog coal dump or an .iceless refrigera­ a patent attorney, and he went down here to the ·patent Office tor or a rotary. engine- I would usually refer him to some pateQ.t and got his patent, and he is now building his portable hotels lawyer at Washingto.n. all over the country. This is all poppy-cock, this. talk abQut it In order to develop ·this matter anti put .it into the CoN­ taking yea1's and years to get a patent. -GJ.mSS:lONAL::R~"COIU> so that the people .of this. country may know God knows what is to become o:f us; I do n<>t know what Will something about the workings of this department, I want to become of us if we do not turn around and go back tbe othe1· ask two· or three questions. - way some time. What is it that is going to cause the great Mr. Chairm..aJl, can rou tell us whether or not it is necessary to employ a patent lawye:r in order to patent an .idea? steering committee of this House to stop the e:x:travagan.ee of I our Nation? ··what is going to stop it?' I do ·not know. Some­ Mr. NOLAN. It is oot necessacy at all. Does that auswer times I wish I had here, just for a short time, an old negro .the gentleman's question·! parson down South, who once-prayed for Sam Jon.es when he 1\Ir. GOODYKOONTZ. You 'have answered my quest ion . once preached to a negro congregation down there at a negro .Mr. NOLAN. .The 'fact af th~ matter is that there is no meeting. Just before Rev. Jones. got up the old negr@ .parson starulard of requ.trement for a man to be ad:mitted to :practice said, " Brother Jones, before yon begins this discourse, there in th~ .Patent Office, ex_cept the permission Qf the. commissioner. ·are some powerful bad negroes in this ll~re congregation, and Mr. GOODYKOOlii'"TZ. Does the Patent Office provide teeh­ I wants to pray for you!' Rev. Jones saitl, "Go ahead." And nieal exvex:ts, or men w.ho are ca-pable of puttiug down in cor­ this is what the old negro parson prayed: rect words a statement o.f the essential ·facts uPJ.)n which a " 0 Lord, give Brother Jones the eye of the eagle, that he patent may be predi~ated, witrumt any special fee being paid may see sin from afar. Glue his ear to the gospel telephone, by the applicant? and connect him with the central skies. Illuminate his brow Mr. NOLAN. No; but they fu\'nish blanks that any intelli­ with a brightness that will make the fires of hell lo.ok like ~ gent man can fill out an-d fol!'ward to the Patent Office, and if tallow candle. Nail his hands to the gospel plow, .and bow aroendme.nts are needed, these blanks are sent back, with cer­ hls head in some lonesome yalley where prayer- is mueh tain specifications, to be ali!ended. A general p.raetice has wanted to oo said, and anoint hi.in all over with the kerosene grown up, howe-ver, in this as in all other lines where.specialists oil of Thy salvation and sot him afire." . are needed, of employing patent lawyers, who are in most in- It will take a negro prayer like that to wake up. this Re­ . stances men skilled in .a technical way as well as in patent law. publican steering committee on the question of economy. Mr. GOODYKOONTZ. My judgment is that the Patent [Laughter and applause.] Office should have a force sufficient in nU.mbers 'a'x1d intelli­ The CHAIRMAN. The time of the gentleman from Texas gen,{!e to handle ·an applications for patents without the neces- bas expired. sity of paid lawyers or ·eounselors. · Mr. CANNON. Mr. Chairman, I took five minutes a · little I want this great department of a great Government to while ago, and I guess I had better not have taken it. Some­ reach out a friendly hand and say a kind word of greeting times real in-ventors lose money that they are not able to lose, and encouFagement to every inventor. Let th~ department do and I confess I do not know how that is to be avoided. the work without the interve-ntion of lawyers. I listened with great iBterest to the gentleman from Texas 1\Ir. NEWTON of Minnesota. Is it not a fac-t, however, as a [1\Ir. BLANTON]. He· is always interesting; sometimes uncom­ practical ·matter, that it is almost necessary to retain a patent fortably. I date back to the sickle that you cut wheat with. lawyer in order to obtain a patent or a copyright? Fancy everybody cutting wheat with a sickle. I date baek when Mr. NOLAN. In-order to get action, ye.s.; so that it is 1•eally the wheat was thrown on the ground or on the wood :fioor and in the interest of the inventor- to retain a patent lawyer who will the horses were turned in to trample it out. It was a winter's give him p!'oper attention. joT> for the men who lahored ·on wages. I recollect very well Mr. NEWTON of Minnesota. And get it immediately when when the cradle came. It was a great improvement. Some fool he wants it. · got a patent on that. [Laughter.] Then I recollect when the Mr. NOLAN. Exactly, and we are trying in this b-ill to give McCormick reaper came, and the ground thrasher. lt was an more power to the C.onn.ni:ssioner of Patents, so that he can awfully dirty job-and I generally had that job to do-sitting better control those who are attempting to exploit inventors. right clown in front of the thrasher, the machine that did the 1\ir. GOODYKOONTZ. Mr. Chailwan, the gentleman has used work, raking away the wheat and the chaff. Then came the im­ the words " in order to get aetion." \Vhy will not this Patent provements one after the other. I recollect. very well when .the Office force do the work without tile necessity of compensating a farm hands in Penn ·'l'ownship got together. and went to Sam lawyer tO: dl:ng-d{)ng tbem into aetion.? The Patent_ Offi..ce d.eals Smith's blacksf!!ith shop and got two sledges and in :tlle _lligbt- with all :sorts. of people. It deals with men who have curi.o.us

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3928 .CONGRESSIONAL RECORD-· HOUSE. . }[ARCH 5, ideas, ll.nd with freaks, and all that, but it also deals with men the last few years, particularly in case of motor cars, hns wlio have judgment and who work persistently, continuously, been a self-starter, and when I hear the ·gentleman from Texas everlastingly, and eternally upon an idea, and whenever such day after day in the House shouting that our economy is mere men bring forward the results of their mental operations and lip economy I wish to God, as he does so often, that somebody lay it before the Patent Office they are entitled to prompt action would invent and present to him a self-stopper. [Laughtet·.] .Without having to employ a lawyer to be dinning into the ears He. seeks publicity, arid no doubt he gets it. He is constantly of'the proper officials the necessity of action. I have a constitu­ reiterating his attitude on economy, and he makes me think ent down in my country, n coal operator of many years' experi­ 'of the old man up in my country who hung out a sign as a ence, who came there from the Pennsylvania fields years ago, physician. Somebody inquired as to his qualifications. He er made. I do not know the name of the ensign, but no man Yidual in this country, and I really do not think the people in who ever received a patent conferred a greater benefit on his . · my district are going to telegraph the gentleman from Texas country, temporarily at least, than this little, modest ensign who .pr-otesting about my having helped to levy an assessment on niade the suggestion that enabled those steel vessels to be used - . them of less than 2 mills per individual. · under the theory. pf electric contact. Mr.· CROWTHER. 1\Ir. Chail'man, this patent bill reminds . The CHAIRMAN. The que8tion is on the amepdment offered me that one of the most useful inventions we have .had during by the g~ntleman from Texas. · ;1920. CONGRESSIONAL RECORD-. HOUSE. 3929

Mr. BLANTON. Mr. Chairman, that was a pro forma amend- Mr. NEWTON of. Minnesota. I submit that to an organiza­ ment, and I ask to-withdraw it. · · tion which makes false statements about a committee of Con­ The CHAIRMAN. Without objection, the pro forma ·amend­ gress 'and impugns the motives of its Members the c.Ourtesy ment will be withdrawn. should be denied. · · - · · There was no objection. l\lr. MAl\TN of Illinois. Whether the Member ought to do it Mr~ NEWTON of Minnesota. 1\Ir. Chairman, I move to strike is, of course, another thing. · . out·the last word. I think the Committee on Patents should be Mr. DAVIS of Tennessee. Mr. Chairman, I ask unauii;nous ·commended for the consideration that they have given· to ·this consent to return to page 8, line 21, for the purpose of offering •piece of legislation. From such correspondence as I have had an amendment. -. !with various parties interested in my city, the opinion seems to The CHAIRMAN. Is there objection? be practically unanimous in favor of the legislation. There was no objection. I desire at this time, however, to call the attention of the Mr. DAVIS of Tennessee. Mr. Chairman,· I offer the follow­ Members to something somewhat _aside from the legislati

line 23, -strike out ":$1,800" and inser.t "$1,400 'l. ; in ·line sboike I Cantrill ·Graham, ·Pa. .Lufkin 1 24~ · Sanders,_Ind. ont " ·$1.,650 , · and insert " $1,350 ' ; in line 24, strike out " , 1.500 •d Carew Greene, Mass. 'Luhring · Sanders, La. and ins_ert .,. ~1,3. 00"; and on ·page 3, in line 2, .strike ··out " · 2';700" Carter Hamill -McA-ndrews Seball and insert ' $2,500"; in line 3 ·strike ·out " .$2,500" tand .iwlel±1 ·Casey 'Hamilton McClintic ~Cully " $2,200 " ; in Hne 4. strike out " $2,100 " and insert " . ~;750 " ; ·in line j Clark, Fla. Harreld McDuffie Sells 6, strike out " $2,400 " and insert " $2,250 " ; tn •line 8, strike out Clark, Mo. Hawley McLane 1 Slemp " $1,800" and insert u..$1,600 " ; ·in line 9, strike out "$11·600" and Classon He.tlin McPherson Smith, Til. insert "$1,500 "; in line 9, strike out "$1.400 " :and :insert • $1,300 ••.; Copley Hicks Maher •Smith,-N. Y • .in line 11, -strike out "$1,100" and insert "$1,000"; in -line 13,-:atrike ·Costello Jiill .Major Snell out "-$1,100" and Jnsert " $.1,000" ; in line 13, strike out " thlrhr-six" Cramton Huddleston Mann, S. C. SteaJmll 1and ·insert " six" ; and in line ..14, strike out the two sums of "$f,080,. Currie Mich. Eudspeth Mason Steefe and insert in lieu of each of such sums " $800." ·Curry,' Calif. Hulings ;Mooney Step.hens,·Uhlo · l\fr. NOLAN. l\fr. Speaker,"' wove ·the pre.viousrquestion on DDarrow Hull,.Tenn. Moore, Ohio Sullivan . -Swope the motion to recommit. D~fsey :~~reys . ~~~~~!it c. _Tague The previous question was ordered. Dooling Hutchin on Oliver Tilson The SPEAKER. The question is •on the :motion ·of ·the gen- :~g9'e J'ohnson,-13. Dak. ·· Olney Town~ tleman from Texas to recommit. ."Edmonds Johnson, Wash. Padgett "Johnston, N. ·y, Pell J~ibte ' 'l'he ~question

Mr. WALTERs with Mr. BENSON. Mr. CLARK of Missouri. Does this rule mean fhat nobody Mr. YATES with Mr. HENRY T. RAINEY. relse shall speak except these three men and nobody else extend Mr. BURROUGHS with Mr. RIORDAN. ~heir remarks? Mr. HAMILTON with Mr DooLING. Mr. CAMPBELL of Kansas. The reading of the rule, I think, Mr. WHEELER with Mr. GoLDFOGLE. . is very clear. Mr. PURNELL with Mr. HAMILL. Mr. CLARK of Missouri. That is the way the rule reads, Mr. WATSON with Mr. BooHER. I think. Mr. TILSON with Mr. CANTRILL. Mr. CAMPBELL of Kansas. I think the chairman will con­ Mr. WILLIAMS with Mr. EvANs of Nevada. strue the rule fairly. Mr. WEBSTER with 1\fr. CALDWELL. Mr. Speaker, I reserve the remainder of my time, and ask the Mr. SMITH of Illinois with 1\fr. BRUMBAUGH. gentleman from North Carolina [Mr. Pou] to use his time. The result of the vote was announced as above recorded. Mr. DONOVAN. Will the gentleman from Kansas yield for a The SPEAKER. A quorum is ·· present. The Doorkeeper question? will open the doors. · Mr. CAMPBELL of Kansas. Yes. The question is on the passage of the bill. Mr. DONOVAN. Do I understand now that this rule in sub­ The bill was passed. stance does this, that Messrs. LEA, 1\f.AGI!.'E, and FREAR are to talk On motion of Mr. NoLAN, a motion to reconsider the vote by a certain given time, and have only the right to extend their which the bill was passed was laid on the table. remarks, and that gentlemen on both sides of the House can tall( under permission from these gentlemen but can not extend their EXPENDITURES IN 'l'HE WAR DEPABTMENT. remarks, though they do talk? ML·. CAMPBELL of K~nsas. 1\Ir. Speaker, I offer the follow­ Mr. CAJUPBELL of Kansas. I am not sure that these gentle­ ing privileged resolution. men would yield their time, but it is always possible for the The SPEAKER. The gentleman from Kansas offers a privi­ House, by unanimous consent, to do what it desires. legerl resolution, which the Clerk will read. Mr. DO NOVAN. They will control the four hours? The Clerk read as follows: Mr. CAl\,:PBELL of Kansas. These gentleman will control the House resolution 483. four hours. Resolved, That on Saturday, the 6th day of March, 1920, the House · 1\:fr. DONOVAN. And if they do not see fit to yield any time, shall meet at 11 o'clock a.. · m. That immediately after the reading of nobody will have an opportunity to speak, because there will be the .Journal and the disposition of business upon the Speaker's table the House shall automatically resolve itself into the Committee of the no extension of remarks. • Whole llouse on the state of· the Union for the consideration of House Mr. CAMPBELL of Kansas. That is true. Report No. 637, from the Committee on Expenditm·es in the War Mr. DONOVAN. People only have the right to extend their Department. That there shan be four hours allowed for debate upon said t·eport, one-half to be controlled by the chairman of said com­ remarks in case they do yield to them? mittee and one-half by the gentleman from· Cal~fornia, Mr. LEA. That Mr. CAMPBELL of Kansas. Not in case they do yielLl. the following members of said committee, Mr. FREAR, of Wisconsin, Mr. Mr. DONOVAN. Then, they have the usual right under unani- M.AGEE, of New York, and Mr. LEA of California, shall have leave to extend and revise such remarks as they may, respectively, make upon mous consent? said report in the CONGRESSIONAL RECORD without further leave of the Mr. DENISON. l\lr. Speaker, will the gentleman yield? HoUR('. That upon the conclusion of said .debate the Committee of the 1\fr. CAMPBELL of Kansas. Yes. Whole House on the state of the Union shall automatically rise. Mr. DENISON. Under this rule, as I understand it, no single - Mr. CAMPBELL of Kansas. Mr. Speaker, I think the reso­ Member can, by interposing an objection, prevent the three men lution clearly states its purpose. whose names are mentioned in the rule from correcting aml 1\h·. POU. Mr. Speaker, can we not have an agreement as to extending their remarks? the time? Mr. CA.l\IPBELL of Kansas. That is true. 1\lr. CAMPBELL of Kansas. I was going to yield half an 1\Ir. BLAN'l'ON. Mr. Speaker, will tile gentleman yield for a hour to tile gentleman. question? Mr. POU. Can we not under unanimous consent have an Mr. CAMPBELL of Kansas. The gentlem:m from Michigan agreement that half of the time shall be controlled by the gen­ [Mr. SMITH] was on his feet. tleman and one-half by myself? Mr. SMITH of Michigan. I would like to ask unanimous con­ Mr. CAMPBELL of Kansas. 1\lr. Speaker, I ask unanimous sent, Mr. Speaker, to extend my remarks on the Spanish­ consent that the hour be divided equally between the gentleman American War pension bill. from North Carolina and myself? Mr. BLANTON. 1\-Ir. Speaker, will-the gentleman yield.? The SPEAKER. The gen.tleman can yield such time as he Mr. CAMPBELL of Kansas. Yes. please:;:;. Mr. BLANTON. I ask the gentleman if these great speeches 1\lt'. CAMPBI~LL of Kansas. I yield 30 minutes to the gen- have already been handed to the press? tleman. 1\fr. CAMPBELL of Kansas. The gentleman will have to ask l\Ir. CLARK of Missouri. 1\lr. Speaker, I would like to ask the gentlemen themselves. I have no doubt the gentleman from a qnt-~t ion before the gentlemen begin. Texas will be able to get the information from them. 1\It·. CAMPBELL of Kansas: I yield to the gentleman from Mr. KINCBELOE. There is no inhibition in the rule against Missomi. Members being allowed to vote on this eventually? [Laughter.] 1\fr. CLARK of Missouri. Whoever suggested to the Rules Mr. CAMPBELL of Kansas. No. Corm;tittee, a great, ge of a Member as to extending his remarks in the whether we shall have the right to vote on this eventually under U.EC'u r:o'? the rule? 1\Ir. MANN of Illinois. Many times the Rules Committee has Mr. CAMPBELL of Kansas. Oh, yes ; in a very short time I doue tllat. shall move the previous question. Mr. ULAHK of Missouri. It has never been done. - SEVERAL MEMBERS. Do it now. Mt·. :\1ANN of Illinois. During the administration of Speaker Mr. CAMPBELL of Kansas. l\lr. Speaker, I yield half a CLAnK many times the committee gave eveTybody the right to minute to the gentleman from Michigan [Mr. SMITH]. extend. Mr. SMITH of Michigan. Mr. Speaker, I renew my request to Mr. CLARK of Missouri. 'Vhenever bas it selected some par- extend my remarks on the Spanish War pension act. ticul:li.' Members? The SPEAKER. The gentleman from Michigan asks unani­ l\ii'. l\1AN.N of Illinois. The general thing includes the other. mous consent to extend his remarks on the Spanish War pen­ This is a right to the gentlemen wllo speak to extend their sion act. Is there objection? remarks. There was no objection. 1\lr. CAMPBELL of Kansas. 'Ve were specific in this case 1\fr. POU. Mt·. Speaker, I ask to be notified at the end of 12 not to give the right to extend remarks in the RECORD to those minutes. who had not spoken on the subject on the floor. In this case The SPEAKER. Very well. the gentlemen are to have the privilege of extending their re­ Mr. POU. Mr. Speaker, for the pre~ ent I shall not yield to marks in the RECORD who make addresses on the floor during any interruptions or questions. thE>

CONG-RESSION_I\.L RECORD-HOUSE. }fARCH 5,

Now, Mr. Speaker the responsibility might as well be ftx.ed. just on the eve of discovering something. More than once the I absolve the majoctty of the member.s of the Committee on Rules intimation has been thrown out that you have disco>ered a lead; from ever doing voluntarily a silly thing. The steer.Utg commit­ and that the country may expect something within the next few I· tee--the Republi<>an stee-ring committ-ee ef the Bouse-i-s respon­ days. sible for this asinine performance. [Applause on tb.e- Democratic Barring the necessary .extra:vagance in a great rmdertaking side.] You. might as wen call a spade ·~a spade," and that is like the World War, there never ha-s been since the da:.wn of time what I am going to do for a few minutes. There is I;lOthing a war conducted where those in power and charged with the _ personal in this. I have served her:e too long·to entertain any responsibility were so free from scandal as the men under ·wood·1 personal feeling about anything. But, gentlemen, as long as row Wilson who have conducted this Great War. [Applause.] the House of Representatives does such idiotic things as this It would seem you would be willing to stop in attempting t-o dis· you need not be surprised if the man on the street laughs when cover something. that would help the Republican Party politically, you mention the American House of Representatives. but Oh, n6'; you. do not stop there. 1\Ir. Speaker, I have been I have wondered "·hy it was that the people of America will amazed at the vena~ the spleen, and the hate displayed toward not take the House of Representatives seriously. I ha'Ve won­ this great man in the White House, whose name will be a house­ dered why it is so many of the people who send. us here throw hold word when all who are trying to diseredit him will have off the House of Representatives when we- go back home. Such sunk forever into oblivion. [Applause.] A thousand years after UUngs as this are largely resp-onsible for the unenv.iahl-e· opinion -the .:nan who langhoo a:.t that remark is forgotten the name of of the House entertained by so many men. Woodrow Wilson will be mentioned in every civilized home as the Here is this great body of representative men, 435 men, abso­ man who in his generation did most for mankind. lutely dominated by seven men. I am going to put the roll of. I say, Mr. Speaker, that it would seem that men go far enough honor in the REcon.n. These compose the .Republicaa steering when they attack merely from a political purpose, but the hate committee: The chairman .of the steering committee.. the gen­ of some men is so great they appear to be willing to injure char­ tleman from Wyoming, 1\fr. 1\!0NDELL; Mr. LONGWOBTH; M.r. acter in order to bring the Republican Party back into power. :MADDEN_; 1\ir. DuNN, of New York; 1\lr. WINsLOw, of Massa­ There appears to be somebody always ready to do what is neces­ chusetts ; Mr. DARRow ; and, ex officio, our genial frieruL the sary to ruin the character of any man who bas risen to promi­ Speaker. If I have made a mistake as to the membership of nence under Wilson's administration. Thank God, every such th.e committee I am very wilLing to be corrected. Four of these · effort has falled, as all such efforts will continue to fail. We I men constitute a majority; therefore, the result is that four had the evidence of it here yesterday when you pulled off another men are running this House. The three States of Massachu­ fooL performance in a. puny, siclrly effort to damage the char­ setts, New York, and Pennsylvania abso-lutely control the great a-eter of the Attom.ey General I do not believe there are five Republican majority here, and therefore the fate -of all legisla­ men in this House who will say upen their honor that they be­ tion. Let us fix the responsibility. Surely no one will object. . lie-eYe the .A.ttarney General has oone anything discreditable. I ·Now, you have some big men on your side. You have a number for one did not believe the Rules Committee considered the Teso­ of high-minded, clean-cut stat~smen. Do not you men feel a l'ution seriously. The Attorney General merely said' men would little bit cheap to find yourselves in this position? You must not be prosecuted. for p:r to that given by the gentleman· from North Carolina [l\fr. Pou]. Now, Mr. Speaker, m~st :we do_ thls thmg · Mu_st we sRend This is a. rule to provide that the House do nothing to-mor-

_.., • it. the whole of to-morrow m. discussmg a ;eport ef th~s comm1ttee 1 d eet at o'clock to begin [La uo-hter.] intended solely for campmgn consumptiOn? T.hat 1s the whole r--Low an .m 11. . "' . purpose of this performance. There will be nothing before the The ~eason for 1ts passage thiS aft~noon 1s t~at for some House. No vote will be taken on anything. There will be talk re~~n It became necessary a fe:V days a.,o for the powers that and talk, and the House will automatically rise after four hours be. m the House to ro~e Plll?lic. the stat~ment that to-morrow of talk. Do you imagine· the people who sent you here will thiS report e:f the ·war E~pe~ditm_e.s Comm~ttee wo:rld be turn~ approve? These several politi-cal investigating subcommittees loose upon the _House for discuss1o~, and It was known that .1f have traveled in two bemisp.heres trying to dlg 'Up something th~y should wait for to.-morrow to present the rule, the 1\fembe~s discreditable to Woodrow Wilson's administration and up to bemg f~rewarned, thete would nut probably be a quorum here this good h0ur yeu have n.ot put your finger on any 'scandal. If to pa.ss 1t. so, point it out. Tell us where it is. Why, you can hardly get It IS an. excellent rule! . . the newspapers of the country to pay any antention to your activi~ _It prov:1d-es that tile Iil~mse shall resolve Itse~ mto the Com- ties for a single issue. You sent a committee to France. One mtttee ?f the ~Vhole House .on the state of theU_m~n. For what? gentleman sent a telegram from Paris that tbe war had not been There lS no bill to be considered. The report m Itself does not fought exactly right. We expected he would tell all about it c:'lrr~ any charge ~n the Treasury~ though the. Lord know_s get­ when he got back. Then when the- committee get back to New t.ing il up h;as earned ~ough. It IS to be cons1.de-red, not m the York another gentleman gave out an interview, indicating the House .but m the Comrm.ttee of the Whole House on the state ?.f counh·y would hear something later on. You sent another com._ the DJ?-ion. Of course, It ta-kes only 100 to make a quorum m m~ttee into the Northwest. You 'have had them digging night Committee of the Whole House on the state of the Umon. and day all o;ver this country, and as l.said rigbt heL'e when you However, it has one good provision. It says that upon the created these committees., tile result of it all is the full and conclusion of the debate tbe Committee of the Whole House on eomplete vindication Qf tbis administratiQll and the men who had the state of the Union shall automatically rise! When the de­ control of the conduct of the war. I challenge you here and now bate is ended, in other words, you will not have to sit here, to put your finger on any sca..ndal that touebes 1\fr. Wilson's ad· but the c.ommittee can rise, and the House can adjourn, and ministration. We have heard more than once that you were gentlemen can go their way. 1920. CONGRESSIONAL RECORD-HOUSE. 3933

If it had not been for that pravision, God knows what a con­ to wish for each of them that they may make their constituents dition we might have been in at the conclusion of this general laugh and applaud as they have made the Democratic side laugh debate! (Laughter.] and applaud when they speak of the blunders of the administra­ I am very much pleased that my distinguished colleague from tion in con~ection with aviation. [Applause on the Republican North Carolina [Mr. Pou] has acquitted my associates of the side.] It is not my purpose to discuss the merits of the proposi­ majority on the Rules Committee ftom all responsibility for the tion. However. the House is entitled and the country is entitled form nnd even the passage of this rule, save only as they were to know from this committee that bas been making the investi­ wilTing to act as the vicarious atonement for the folly of the gation of the matter what their conclusions are. steering committee. And it is for the purpose of enabling this committee that has Mr; Speakerf o:f course we understand what the purpose of seriously investigated the questions raised before the House and the discussi'an to-mo:rrow ·is. Tl'le gentleman from Wisconsin before the country that to-morrow is set aside for the discussion [Mr. FRE.u], after many months of travail, has prepared. a of that report. report upon aviation. Mr. Speaker, in order to get the matter immediately settled, I · While the war was in progre s, when the unsatisfactory con­ move he previous question on the resolution. ditions with regard to the a-viation situation arose, the Presi­ The SPEAKER. ·The gentleman from Kansas moves the pre­ dent of the United States called upon. a distinguished gentle­ vious question on the resollltion. man, a former justice of tfie Supreme Court of the 'United The question was taken, and the previous question was or­ States. the Republican P'arty,.s nominee for the Presidency in dered. 1916", nnd asked him to investigate the aviation situation. He The SPEAKER. The question is on agreeing to the resolu­ did it; and there is not a man, woman, or child in America tion. or in the world, who knows aught of Mr. Hughesr who does not The question was taken, and the Speaker announced the know that he absolutely exhausted that subject, and that every ayes seemed to have it. fact touching that program was disclosed: to the public of the Mr. POU. l\1:r. Speaker, I demand the yeas and nays. country and of the world. This Committee on Expenditures­ The yeas and nays were ordered. was organized. The gentleman from Wisconsin [Mr. FREAB] The question was taken; and there were--yeas 147, nays 116, was appointed as a member of it,- and was made the chairman of not voting 164 •. as follows : '- the subcommittee on aviation. One of his first demands, under YEAS-.147. a threat to resign if it was not granted, was that he be per­ Anc:trews, Nebr. Foster McArthlll' Rhodes mitted to employ a lawyel! to review the findings and decisions Anthony Frear McCullocti Ricketts of l\1r. Justice Hughes, formerly of the Supreme Court of the Baer . Freeman McFadden Rodenberg Barbour French McKenzie Rose United States. That consent was given. These many months Glynn McKinley . Sanders, N.Y. have been spent in this investigation, and absolutely nothing ~~tam Graham, Ill. McLaughlin. Mlch.San!ord is presented here that was not presented by Mr. Justice Hughes, Bland, Ind. Green, Iowa . McLaughlin~ Nebr.Scott Britten Greene, Vt. Macerate Shreve save such things, of course, as have occurred since the time Brooks, Ill. Griest MacGregoE Siegel Mr. Justice Hughes concluded his investigation. But the pur­ Brooks, Pa. Hadley Madden Sinclair pose of tbis rttle is to enable gentlemen tT will I not, Coady Hoey Oldfield Welling More than a lodged ha;te and a certain loathing Collier Howard Overstreet Welty I bear Antonio,. that I follow thus Connally Hull, Tenn. Park 'Whaley A losing suit against him. Crisp Igoe Parl'isb Wilson, La. Culien J a coway Phelan- Wilson, Pa. Now that the House understands the rule, now that it has Davey Johnson, Ky. Platt Wise been explained, I trust that it may meet with that solemn con­ Davis, Tenn. Johnson, Miss. Pou Woods, Va. frtderation and that serious diSifosition which its unintelligence Dewalt Kincheloe Quin Wright demands. [Applause and laughter on the Democratic side.] NOT VOTING-164. Ackerman Blackmon Burroughs Clark, Fla. 1\lr. CAMPBELL of Kansas. l\Ir. Speaker, I would take the Almon Bland, Va. Butler Classon remainder of my time in answering the gentleman from North Anderson Boies Byrnes, S. C. Copley 'Carolina [Mr. Pou} and the gentleman from Tennessee [Mr. Andrews, Md. Booher Caldwell Costello Aswell Bowers Candler Cramton GARRETT] if I were a humorist; but I am not. I have never Bacharach Brinson Cannon CuTrre, Mich. ·attempted humor that I did not become ridiculous. My· per­ Bankhead Browne Carew Curry, Calif. sonal attachment to both of the gentlemen, however, leads me Benson Brumbaugh Casey Darrow J -

3934 CONGRESSIONAL RECORD-HOUSE. ~!ARCH 5,

Dempsey Hill Mann, S. C. Sims EXECUTIVE COMMUNICATIONS, ETC. Dent Holland Mason Slemp Dickinson, Mo. Huddleston 1\lays Small Under clause 2 of Rule ~XIV, executive communications were Dooling Hudspeth Mooney Smith, Ill. taken from the Speaker's table and referred as follows : Doremus IIulings Moore, Ohio Smith,N. Y. Dyer Humphreys Morin Snell - 1. A letter from the Secretary of the Treasury, transrni tting Eagle Husted Nicholls, S. C. Steagall estimate of appropriation for relocating the fence on the Four­ Edmonds Hutchinson O'Connell . Stedman teenth Street side of Auditors' Building (H. Doc. No. 671) ; to Elliott Johnson, Was.b. Oliver Steele Ellsworth Johnston, N.Y. Olney Stephens, Miss. the Committee on Appropriations and ordered to be printed. Ferris .Tones, Pa. Padgett Stephens, Ohio 2. A letter from the Secretary of the Treasury, transmitting Fields Jones-, Tex. Paige Stiness copy of a ·communication from the Secretary of Agriculture, Flood. Juul Pell Sullivan Fuller, lll. Kahn Peters Swope submitting a supplemental estimate of appropriation required Fuller, Mass. Kearns Purnell Tague by the Bureau of Biological Survey to reimburse the appro­ Gallivan Kelley, Mich. Radcliffe Thomas priation, "General expenses, Bureau of Biological Survey, <~arland Kennedy, Iowa Rainey, Ala. ~'bompson Godwin, N.C. Kennedy, R. I. Randall, Calif. Tilson 1920," for expenses on account of shortage of elk feed on the . Goldfogle Kettner Reavis Timberlake winter elk refuge at Jackson Hole, 'Vyo. (H. Doc. No. 672); Good Kleczka Riddick Tinkham to the Committee on Appr__opriations and ordered to be printed. Goodall Kraus Riordan Towner Ooodykoontz Langley Robinson, N.C. Vare 3. A letter from the Secretary of the Treasury, transmitting Gould Larsen Robsion, Ky. Venable a letter calling the attention of Congress to serious congested Graham, Pa. Lufkin Rogers Voigt conditions existing in various public buildings throughout the Greene, Mass. Luhring Rowan Volstead Ilamill McAndrews Rowe Walters country (H. Doc. No. 673); to the Committee on Appropriations Hamilton McClintic Rucker Ward and ordered to be printed. Harreld McDuffie Sabath Webster 4. A letter from the Secretary of the Navy, transmitting a llays McGlennon Sanders, Ind. Wheeler Heflin McLane Sanders, La. Wingo tentative draft of a bill extending authority to order boards of Hersey McPherson Schall Winslow medical examiners, and for other purposes; to the Committee Hersman Maher Scully Yates on Naval Affairs. Hicks Major Sells Young, Tex. So the resolution was agreed to. • REPORTS OF COMMITTEES ON PUBLIC BILLS AND The Clerk announced the following additional ·pairs: RESOLUTIONS. Until further notice: Under clause 2 of Rule XIII, bills and resolutions were sev­ Mr. ANDREWS of Maryland with 1\Ir. HERSMAN. erally reported from committees, deli\ered to the Clerk, and 1\Ir. ELLSWORTH with Mr. BLA ~D of Virginia. referred to the several calendars therein named, as follows : Mr. FULLER of Illinois with Mr. DICKINSON of Missouri. Mr. WOODS of Virginia, from the Committee on the District Mr. CANNON with Mr. SIMS. of Columbia, to which was referred the bill (H. R. 11981) to Mr. CLASSON with 1\fr. AsWELL. provide for the admission, free of charge, to the public schools l\fr. CRAMTON with 1\Ir. BOOHER. of the Dish·ict of Columbia of children of parents employed at Mr. EDMONDS with Mr. DOREMUS. the Arlington National Cemetery and the agricultural e::\.-peri­ 1\Ir. GOODYKOONTZ with Mr. FLOOD. ment farm, located in Alexandria County, Va., reported the same Mr. HILL with Mr. JoNES of Texas. with an amendment, accompanied by a report (No. 716), which Mr. KEARNS with Mr. HOLLAND. said bill and report were referred to the Committee of the Whole Mr. MoRIN with Mr. RANDALL of California. House on the state of the Union. Mr. PAGE with Mr. McCLINTIC. Mr. KINKAID,· from the Committee on Irrigation of Arid Mr. RADCLIFFE with Mr. SMALL. Umds, to which \Yas referred the bill (H. n. 12537) to provide Mr. REAVIS with 1\Ir. STEPHENS Of Mississippi: for an examination and report on •the condition and possible irri­ Mr. 'THOMPSON with Mr. McGLENNON. gation development of the Imperial Valley in California, re­ Mr. STINESS with Mr. STEDMAN. ported the same with amendments, accompanied by a report Mr. TILSON with Mr. THOMAS. (No. 717), which said bill and report were referred to the Com­ The result of the vote was announced as above recorded. mittee of the Whole House on the state of the Union. LEA\E OF ABSENCE. By unanimous consent leave of absence was granted as A.J1vERSE REPORTS. follows: . Under clause 2 of Rule XIII, adverse reports were delivered To Mr. GoLDFOGLE, until further notice, on account of sick­ to the Clerk and laid on the table, as follows: ness. Mr. FOCHT, from the Committee on ·war Claims, to which To Mr. SMITH of Michigan, for 10 days, on account of im­ was referred the bill (H. R. 1787) for the relief of Kentuck portant business. Corbett, reported the same adversely, accompanied by a report To Mr. CALDwELL, until further notice, on aceount of sick­ (No. 710), which said bill and report were laid on the tablt•. ness. He also, from the same committee, to which was referred the To Mr. KLECZKA, at the request of Mr. RANDALL of Wisconsin, bill (H. R. 1003) for the relief of Jose Lopez y Castelo, reported for one week, orr account of illness in family. the same adversely, accompanied by a report (No. 711), which EXTENSION OF :REMARKS. said bill and report were laid on the table. 1\fr.- l\fAcCRATE. Mr. Speaker, I ask unanimous consent to He also, from the same committee, to which was referred the revise and extend the remarks which I made to-day on the bill (H. R. 6721) for the relief of Revilow N. Spohn, reported the patent bill. same adversely, accompanied by a report (No. 712), which said The SPEAKER. Is there objection? [After a pause.] The bill and report were laid on the table. Chair hears none. He also, from the same committee, to which was referred the biJI (H. R. 539) to carry into effect the findings of the Court of DEATH OF FORMER REPRESENTATIVE J. M. GUDGER, JR. Claims in favor of Elizabeth White, -administratrix of estate of Mr. WEAVER. Mr. Speaker, it is with a very deep feeling of Samuel N. White, deceased, reported the same adversely, accom­ regret that I announce the death of Hon. James M. Gudger at panied by a report (No. 713), which said bill and report were his home in Asheville, N. C. Mr. Gudger rendered most distin­ laid on the table. guished services as a Member of this House in. the Fifty-eighth, He also, from the same committee, to which was referred the Fifty-ninth, Sixty-second, and S~xty-t:Jlird Congress~. The~·e bill (S. 767) for the relief of the heirs of W. H. Sneed, deceased, are many here now who served with htm and know his sp~eD:d.id reported the same adversely, accompanied by a report (No. 714), character and ability. He was for many years one of the distmc· which said hill and report were laid on the table. tive leaders in North Carolina. Due to his ·ability as a lawyer He also, from the same committee, to which was referred the and splendid character as a man, he served his State in the bill (H. R. 11170) for the relief of Elizabeth R. Nicholls and senate of North Carolina ·and as a prosecuting officer in the Joanna L. Nicholls, heirs of Joshua Nicholls, reported the same courts. This led to his selection as the Representative from adversely, accompanied by a report (No. 715), which said bill the tenth congressional district of North Carolina for four terms, and report were laid Q_n the tab-le. an

' 1920. CONGRESSIONAL RECORD-HOUSE. 3935

PUBLIC BILLS, RESOLUTIONS, AND "MEMORIALS. 2092. By Mr. BARBOUR: Petition of the Sampson Richards Under clause 3 of Rule X...~, bills, resolutions, and memorials Post, No. 180, of the American Legion, urging support of bonus were introduc~d and severally referred as follows: - for service men; to the Committee on Ways'and Means. By Mr. GRAHAl\f of Illinois: A bill (H. R. 12940) to amend 2093. Also, petition of certain residents of Tulare County, section 4 of an act entitled "An act making appropriations for Calif., against universal military training, etc.; to the Committee the service of the Post Office Department for the fiscal year on Military Affairs. ending June 30,1920, and for other purposes," approved February 2094. By 1\!r. BEGG : Resolutions of Laurence E. Broome Post, 28, 1919; to the Committee on the Post Office and Post Roads. No. 292, American Legion, at New London, Ohio, urging action By Mr. THOMPSON: A bill (H. R. 12941) to provide for the on soldiers' bonus legislation granting a $50 bond for everY. erection of a monument to Gen. Anthony Wayne and legion, month of service; to the Committee on Ways -and Means. at Defiance, OI1io, and markers for fort site, and retaining walls 2095. By Mr. BYRNS of Tennessee : Evidence in support of to prevent erosion at confluence of the Maumee and Auglaize House bill 12913, granting an inc'Tease pension to William B! Rivers; to the Committee on the Library. Carr; to the Committee on Invalid Pensions. By Mr. CAMPBELL of Kansas: A bill (H. R. 12942) authoriz_. 2096. By Mr. CARE-w: Petition of the Merchants' Association ing the Secretary of War to donate to the city of Independence, of New York, favoring the present separate finance service of Kans., one German cannon or fieldpiece; to the Comlhittee on the War Department; to the Committee on Military Affairs. Military Affairs. 2097. Also, petition of Lylic Post, American Legion, New York, By l\Ir. EVANS of Nevada :_ A bill (H. R. 12943) authorizing indorsing the resolution of the national convention of the the Secretary of War to donate to each of the 17 counties in the American Legion· at Minneapolis regarding the soldiers' bonus;­ State of Nevada two German cannons or fieldpieces, carriages, to the Committee on Ways and Means. J and equipment, with a suitable number of shells; to the Com­ 2098. By Mr. FOCHT: Evidence in support of House bill12tl73,_ mittee on Military Affairs. granting an increase of pension to Jessie Wiggins Conn; to the By lllr, NELSON of Wisconsin: Resolution (H. Res. 485) to Committee on Pensions. print the "Use of T. N. T., a war-salvaged explosive, for peace­ 2099. By 1\Ir. FULLER of illinois: Petition of the National time purposes"; to the Committee on Printing. Foreign Trade Council, relative to the Burean of Foreign and'· By l\Ir. HUTCHINSON: Resolution (H. Res. 486) directing Domestic Commerce; to the Committee on Appropriations. the Committee on Agriculture to inquire into the reported wheat 2100. Also, petition of the Merchants' Association of New pool -and investigate the alleged dealings, operations, specula­ York, favoring certain provisions in the Army reorganization tions, and manipulations of the United States Grain Corpora­ bill, etc. ; to the Committee on Military Affairs. tion; to the Committee on Rules. 2101. Also, petition of Berbert W. West, commander, and 69 By Mr. TINKHAl\I: Resolution (H. Res. 487) providing for a members of the Sycamore Post, No. 99, of the American Legion, chief clerk in the office of the· superintendent of the folding room department of Illinois, favoring the $50 per month plan for the in lieu of a messenger; to the Committee on Accounts. ex-service men and women; to the Committee on Ways and By the SPEAKEI;t : Memorial of the Legislature pf the State l\feans. of Massachusetts, rela tive to the establishment by the United 2102. By Mr. GALLIVAN: Petition of the Commission on States Department of Agriculture of a forest experiment station Foreign and Domestic Commerce, the Boston Chamber of Com­ in the White l\Iountain National Forest; to the Committee on merce, and Harry F. Olson. editor, of Boston, Mass., relative to Agriculture. . the Bureau of ·Foreign and Domestic Commerce; to the Com- By l\1r. DALLINGER: Memorial of the Legislature of the mittee on Appropriations. · State of Massachusetts, relative to the continuance of work at 2103. Also, petition of Henry Jacobson and five other citizens the Watertown Arsenal; to the Committee on Military Affairs. of Boston, Mass., opposed to the sale of the former German By Mr. O'CONNELL: Memorial o:f the Senate of the State of ships; to the Committee on the Merchant 1\farine and .Fisheries. New York, regarding the unlawful discharge of oil and other 2104. Also, petition of citizens of Boston, Mass., urging the matters by vessels in the harbor of New York; to the Committee $480 bonus for Federal employees ; to the Committee on Appro­ on Rivers and Harbors. priations. By Mr. CULLEN: Memorial of the New York State Senate, re-: 2105. By Mr. KIESS: Evidence in support of House bill garding the unla wful discharge of oil anq other matters by 12638, granting a pension to Cyrus J. Wilsey; to the Committee vessels in the harbor of New York; to the Committee on Rivers on Invalid Pensio:ps. •ami Harbors. 2106. By Mr. LINTHICUM: Petition of John .J. Darg, field By 1\Ir. l\IAHER: Memorial of the New York State Senate, agent, Bryantown, Md., favoring inereased appropriation for regarding the discharge of oil and other matters by vessels in Bureau of Crop Estimates; to the Committee on Agriculture. •the harbor of New York; to the Committee on Rivers and 2107. Also, petition of Willoughby l\1. McCormick, Baltimore, Harbors. Md., opposing the return home of the bodies of American sol­ diers who died in France; to the Committee on Military Affairs. PRIVATE BILLS AND RESOLUTIONS. 2108. Also, petition of J. A. Bokel Co., Baltimore, 1\Id., favor- Under clause 1 of Rule XXII, private bills and resolutions ing 1-cent drop-letter postage; to the Committee on the Post were introduced and severally referred as follows: Office and Post Roads. . By Mr. AS~ROOK: A bill (H.• R:· ~944) grantin~ an _ 2109. Also, petition of Potomac Lodge, No. 3, Amalgamated :mcrease. of pen~10n to Martha A. Burdick' to the Committee Association of Iron, Steel, and Tin Workers of North America onAinvalidbilPien(sH.wn! n~-) · ti . t J h Ha ~ I Cumberland, :M:d., protesting agains~ the Graham bill; to th~ lso, a . u.. 12v-:t? gran. ng a penslOn o o n yes' I Committee on the Judiciary. tto the Comrmttee on Inva~1d PensiOns. . . 2110. Also, petition of members of the Women's Civic League, By Mr. DU~AR: A. bill (~. · R. 12946) p-anting a pensiOn to of Baltimore, Md., indorsing the Fess bill, House bill 12078; to Geo~ge Sparks , to the Comrmttee on. Pensw~s. the Committee on Education. By _lUr. s_TRONG of Pe?-nsylvama: A blll (H. R. 12947) 2111. Also, petition of the American Legion Headquarters Post, granti~g an mcreas~ of pensiOn to Ada Johnston Cowles; to the No.8 (Maryland Branch), of the city of Baltimore, 1\Id., relative ICommittee on PensiOns. t " d" --.4- d s t· ". t th c · "tt "'l:u ...t . By 1\Ir_ ~AYLOR of Tennessee: A bill (H. ~ 1294B) gra~t- ~ean~- JUo:.Le compen a Ion ' o_ e omnn ee on nays anu mg ~ pension to W. R. Shubert; to the Comrruttee on Invalid 2112. Also, petition of the Blue Ribbon Candy Qo., of Bal_ti­ PeBnswl\ni · "'["(TTNGOr A b"ll (H n n.) • tin . t more, :.\1d., 1·elaqve to the excise tax; to t~e Committee on Ways. y r. lY .J. £. • 1 . n.. 1294u gr.an; g a pensiOn 0 and l\feans. George B. Swigart; to the Comnuttee on PenSions. 2113. Also, petition of the Gathmann Engineering Co. of Balti- more, Md., favoring House bill 11984; to the Committee on PEJTITIONS, ETC. Patents. Under clause 1 of Rule XXIL petitions and papers were laid 2114. Also, petition of the Baltimore Federation of Labor, in­ on the Clerk's desk a:nd referred as follows: dorsing House bill 12123 ; to the Committee on Appropriations. 2D90." By the SPEAKER (by request): Petition of the- City 2115. Alsor petition of citizens of Wushingtonf D. C., and Balti­ Council of Philadelphia, "for the restoration "of mail-tube serv­ more, Md. ., relative to the bonus for Federal employees, etc. ; .to ice " ; to the Committee on the Post Office and Post Roads. the Committee on Appropriations. 2091. By Mr. BABK4- :- Petition of the l\1arcellus (Tenney) 2116. ~Y Mr. NELSON of Wisconsin: Petition of Phillips Post, No. 71, of the American Legion Cleveland, (!hio, relative Commercial Club, of Phillips, Wis., urging defeat of Senate bill to the adjusted compen ation for the ex-service men and women; 3792, known as the Army reorganization bill; to the Committee to the Committee on Ways and Means. on Military-Affairs. - · .. J

.. 3936 CONGRESSIONAL RECORD-SENATE. MARCH 6,

-2117. By 1\Ir. 1\TEWTON of Minnesota: Petition of the Wallace The Senator from Massachusetts [Mr. WALSH] and the Sena­ K Chute Post of the American Legionl opposed to soldiers' bonus tor frO!Jl Delaware [l\fr. \VoLcOTT] are absent on public busi­ being brought up this year, etc.; to the Committee on Ways and ness. 1\Ieans. . The Senator from Arizona [l\Ir... ~sHuRST], the Senator from 2118: By Mr. O'CON~'"ELL: Petition of the National Indus­ Tennessee [Mr. McKELLAR], the Senator from Mississippi [1\Ir. trial Conference Board of-Boston, Mass., asking for the Federal HARRISON], the Senator from North Carolina [Mr. SIMMONs], tax commission to examine the present i_nternal-revenue laws, the Senator from Alabama [Mr. UNDERwooD], and the S::!.nator etc. ;- to the Committee on Ways and Means. from California 1:1\Ir. PHELAN] are detained from the Senste on 2119. Also, petition of the Grasselli Chemical Co., of New official business. · York, urging the adoption of measures to help the country's The PRESIDENT pro tempore. Sixty-six Sena_tors have an­ foreign commerce; to the ·committee on Interstate and Foreign swered to their names. There is a quorum present. Commerce. ADDITIONAL PATENT OFFICE EMPLOYEES (S. DOC. NO. 24ti). 2120. Also. petition of tile National Organization for Public Health Nursing of New York City, relative to certain provisions The PRESIDENT pro tempore, as in legislative session, laid in the Army reorganization bill-; to the Committee on Military before the Senate a communication from the Secretary of the Affairs. · Treasury, transmitting a letter from the Secretary of the 2121. By Mr. ROWAN: Petition of citizens of the city of New Interior, · submitting a supplemental estimate of appropriation York, urging the pas age of the bill to give relief to the starving in the sum of $39,700 required by the Patent Office for addi­ people of Europe, etc. ; to the Committee on Foreign Affairs. tional employees for the fiscal year 1920, which, with the ac­ 2122. Also, petition of the board of directors of the Dried Fruit companying paper, was referred to the Committee on Appropria­ Association of New York, indorsing the Calder bill regarding tions and ordered to be printed. the national food and drug act; to the Committee on Interstate TRAINING OF FEDERAL EMPLOYEES (S. DOC: NO. 246). and Foreign Commerce. The PRESIDENT pro tempore laid before the Senate a com­ 2123. .Also, petition of the Merchants' Association of New York munication from the Chief of the United States Bureau of City, relative to certuin provisions in the Army reorganization Efficiency, transmitting, in response to a resolution of January bill, etc.; to the Committee on Military Affairs. 7, 1920, a report on the advisability of establishing a tr·aining 2124. .Also, petition of the H. H. Jennings Co., of New York school for Federal employees in the DistTict of Columbia, City~ relative to the channel at Absecon Inlet, etc.; to the Com­ which, with the accompanying paper, was referred to the Com­ mittee on Ri'vers and Harbors. mittee on Finance and ordered to be printed. 2125. Also, petition of the National Jewelers' Board of Trade, MESSAGE FROM ~HE HOUSE. of New York City, urging the passage of House bill 11980; to A message from the House of Representatives. by D. K. the Committee on \Vays and Means. Hempstead, its enrolling clerk, announced that the House hall 2126. Also, petition of the National Conservation Association, passed the following bill and joint resolution, in which it re­ of w·ashington, D. C., relative to the water-power bill, House quested the concurrence of the Senate: bill 3184; to the Committee on Water Power. H. R.l1984. An act to inc~ease the force and salaries in the 2127. Also, petition of Joseph B. Thomas, treasurer _of the Patent Office, and for other purposes; and Cornucopia Mines Co., of Oregon, regarding the gold in the H. J. Res. 305. Joint resolution to amend a certain paragraph United States; to the Committee on Mines and Mining. 1 of the act entitled "An act making appropriations for the cur­ 2128. By l\Ir. SINCLAIR: Petition of Newburg Branch Club, rent and contingent expenses of the Bureau of Indian Affair!';, No. 63, \Vomen's Auxuliary, Newburg, N.Dak., protesting against for fulfilling treaty stipulations 'vith various Indian tribe., universal military training; to the Committee on Military Affairs. and for other purposes, for the fiscal year ending June 30, 2129. Also, petition of Newburg Branch Club, No. 63, Women's 1921," approved February 14, 1920. Auxiliary, Newburg, N. Dak., opposing passage of the sedition bills; to the Committee on the Judiciary. ENROLLED BILLS AND JOINT RESOLUTION SIGNED. 2130. By l\Ir. STEENERSO~: Petition of citizens and ex­ The message also announcetl that the Speaker of the Honse soldiers of Shelly, Norman County, Minn., favoring a bonus of had signed the following enrolled bills and joint resolution, $50 for each month of service rendered ; to the Committee on and they were theqmpon signed by the President pro temvore: \Vays and Means. · H. R. 11756. An act to extend the time for the construction , - 2131. Bv Mr. TINKHAM : Petition of the George S. Shepherd of a bridge across the Connecticut River between Springfield Post, No.7, Department of Massachusetts, relative to the bonus and West Springfield. in Hampden County, 1\Iass.; for ex-service men and women; to the Committee on Ways and H. R.12160. An act authorizing the construction of a bridge l\leans. and approaches tb.ereto across Red River at a point a little 2132. By Mr. \VARD: Resolution adopted by the Board of east of north of Nocona, in Montagt:e County, Tex.; and Aldermen of Kingston, N. Y.,· favo1ing continuance of Lever S. J. Re . 156. A joint resolution authorizing the Secretary food and fuel control act; to the Committee on Agriculture. - of War to bring back on Army transports from Danzig, Poland, residents of the United States of Polish origin who were engaged in the war on the side of the allied and associated SENATE. powers. PETITIONS AND MEMORIAI:S. SATUnDAY, 111 arch 6, 1920. Mr. KNOX. As in legislati"ve session, I present a re-solution (Legislatire day of lVednesday, March 3, 1920.) adopted by the City Council of Philadelphia, Pa., which I usk to have inserted in the RECORD. The Senate met in open executive session at 12 o'clock noon, There being no objection, the resolution was ordered to be on the expiration of the recess. printed in the RECORD and to lie on the table, as follows: • 1\.fr. CURTIS. 1\lr. President, I suggest the ab ence of a CLERK'S OFFICE; CITY COUNCIL, quorum. Philadelphia, March 8, 1920. The PRESIDEXT pro tempore. . The Secretary will call the Hon. PHILANDER C. KNOX, - roll. United States Senator. Sm: This is to certify that the following is a true and correct copy The roll was called, and the following Senators answered to of the original resolution passed by the. city council on the 2d day of their names : March, 1920 : · • Beckham Glass Lenroot Smith, Ga. Resolution for the restoration of mail-tube service. Borah Gore Lodge Smith, !ld. Brandegee Gronna 1\lcLean Smith, S.C. "Whereas the pneumatic tube service, which represents the be~inning Calder Hale ::ucNary Smoot of this rea practical reform, had its origin in this city unaer the Capper Harris 1\Ioses Spencer inspiration of our first citizen, John Wanamal{er, and has demon­ Chamberlain Henderson l\Iyers strated its usefulness by more than 20 years' actual daily service Sterling to the satisfaction of its patrons and the public in general; and Colt Ilitchcock Nelson Sutherland " Wherea.s its arbitrary, indefensible abolition last year caused great Culberson Johnson, S. Dak. New 'l'homas hardship and inconvenience to all elements of our population, arous­ ummins Jones, N. Mex. Not·rls Townsend ing a spirit of indignant protest, particulai·Iy throughout the busi­ Curtis Jones, ·wash. Nugent 'l'rammell ness community, where thE.' loss entailed is very severe: Therefore Dial Kellog~ Overman Wadsworth Dillingham Kendnck Phipps Walsh, Mont. be it ' Fletcb..er Kenyon Pittman, Warren "Resolved That the council of the city of Philadelphia, reiterating the France Keyes Poindexter Watson position on 'this subject expressed again and again heretofore by our Frelingbuyscn King Ransdell Williams municipal government, requests the immediate restoration of the pneu­ Gay Kirby ~heppard matic mail tubes, as set forth in House bill No. 11634; and be it Gerry Knox Sherman "Resotved, That this body go on record as indorsing most emphatica11y House concurrent resolution Nl1. 44, now before the SPnate Po~t Offi.ce Mr. GERRY. The Renator from Virginia [Mr. SWANSON] is Committee, for the presen-ation of this p1·operty pending furtlier con­ - detained by illnes in hi..;; fnmily. gressional action in the matter; and be it also