1932 CONGRESSIONAL RECORD-HOUSE 3815 Mr. THOMAS of Oklahoma. Mr. President-- The Journal of the proceedings of yesterday was read and The VICE PRESIDENT. Does the Senator from Oregon approved. yield to the Senator from Oklahoma? MESSAGE FROM THE SENATE Mr. McNARY. I yield to the Senator. A message from the Senate by Mr. Craven, its principal Mr. THOMAS of Oklahoma. I have no objection to the clerk, announced that the Senate had agreed to the amend­ time of convening on Monday, but I shall have to object to ments of the House to a bill of the following title: fixing a time for a final vote; and, if I can have the time, I S. 1306. An act to provide for the incorporation of the will state in a moment my objection. District of Columbia Commission, George Washington Bicen­ When the bill is finally perfected, ready for a vote, if in tennial. my opinion the authorization is not sufficiently broad, I de­ CHANGE OF REFERENCE sire to offer a new section on the authorization clause; and Mr. WILLIAMS of Texas. Mr. Speaker, I ask unanimous at that time I should like to have a few minutes to explain consent that the bill CS. 2396) to amend section 11 of the my reason· for offering the amendment. It will not take act approved February 22, 1889 (25 Stat. 676), relating to more than 5 or 10 or 15 minutes, but I do not want to be the admission into the Union of the States of North Dakota, cut off from that opportunity. South Dakota, Montana, and Washington, referred to the I have no objection to an agreement to have a vote on Committee on tl1e Territories, be referred to the Committee Monday, but I shall object to fixing a definite time. on the Public Lands. Mr. McNARY. The Senator desires an opportunity to The SPEAKER. The gentleman from Texas asks unani­ explain his proposal, which he says would come when? mous consent that the bill S. 2396, referred to the Committee Mr. THOMAS of Oklahoma. Immediately before the final on the Territories, be rereferred to the Committee on the vote is taken. After the bill is perfected, if the authoriza­ Public Lands. The Chair understands that the chairmen of tion section is not as broad as I think it should be, I desire the two committees are agreeable to the transfer. to offer an amendment broadening it, and then I desire for Mr. WILLIAMS of Texas. Yes. a few moments to explain my position. The SPEAKER. Is there objection? Mr. COUZENS. Mr. President, will the Senator yield? There was no objection. Mr. McNARY. I yield. FRED J. KERN Mr. COUZENS. I think this matter had better go over Mr. KARCH. Mr. Speaker, I ask unanimous consent to until Monday, then, and see what we can do, because if address the House for two minutes, and for leave to extend Senators are going to make all of these reservations, the my remarks. agreement will not mean anything finally, anYWay. The SPEAKER. Is there objection? Mr. McNARY. Very well, Mr. President. I think it is There was no objection. generally understood that we all should be here then, and Mr. KARCH. Mr. Speaker, it is my sad mission at this that a vote probably will be taken Monday. moment to announce to the House the recent death of Hon. I now move a recess- Fred J. Kern, who served in this Chamber during the Fifty­ Mr. LA FOLLETTE. Mr. President, I desire to obtain seventh Congress. recognition before a recess is taken. Mr. Kern represented at the time the eighteenth congres­ Mr. McNARY. Very well. sional district of Illinois, virtually the present twenty-second Mr. LA FOLLETTE obtained the floor. congressional district of that State, which I now have the RECESS honor to represent in this distinguished body. Mr. Kern was born on a farm in St. Clair County, Ill., on Mr. McNARY. Mr. President, in view of the situation, I the 2d day of September, 1864, and remained a resident ot move that the Senate take a recess until 12 o'clock noon that State and of that county throughout the entire period on Monday. of his life. He died at Belleville, TIL, on the 9th day of last The motion was agreed to; and Cat 1 o'clock and 37 min­ November, at the age of 67 years, 2 months, and 7 days. He utes p.m.) the Senate took a recess until Monday, February is survived by his wife and two sons. 15, 1932, at 12 o'clock meridian. His circumstan~es compelled him to work for a living at an early age. His first employment after leaving the farm was that of a coal miner. Later he taught country school, HOUSE OF REPRESENTATIVES and in the year 1891, having discovered his genius, he FRIDAY, FEBRUARY 12, 1932 ventured into the journalistic field. In that year he purchased an interest in the Belleville Daily The House met at 12 o'clock noon. News-Democrat, one of the oldest newspapers in Illinois, The Chaplain, Rev. James Shera Montgomery, D. D., later becoming the sole owner of the institution, which, un­ offered the following prayer: der his efficient guidance and powerful editorship became, Almighty God, may we be thankful to-day for a Nation at as he left it, one of the largest and most influential news­ peace, for a Nation that seeks in every wise to promote papers in the State of illinois outside of the metropolis of international cooperation and brotherhood. We thank Thee, Chicago. our Father, for the sweep of its ideas and for the challenge Mr. Kern possessed a brilliant mind and a most remark­ of its ideals, and for a Republic whose glory is not in titles able memory. He leaves a reputation of having owned the nor ranks. To-day we take ccurage and inspiration from largest and best selected private library in the State of illi­ the great sons of our historic past, and especially for the nois, and of having read every volume of it. He was liberally great commoner who sprang from the loins of the common versed in every branch of knowledge. soil. As long as we remain a people our poor lads will look I know of no one who excelled him in the mastery of the down the lanes of the years and dream the old dreams, feel English language. He was equally adept in the most savage the old thrills, and be stung by his might. 0 more and more contumely and tenderest eulogy. He wielded the keen edge bring together all sections of our country. Be pleased, 0 of invective and sarcasm and ridicule with the deft hand of Lord, to remember our President and our Speaker. Be Thou a Saladin, yet, in his serener moods, his diction rivaled the Emmanuel to all who are toiling and struggling, to all who are erudite and the elegant style of Woodrow Wilson. His in­ tempted and distressed by trial. 0 be near all who are suf­ domitable courage of conviction and dynamic eloquence won fering from the pangs of hunger or are harassed by pov­ for him the tribute of having been one of the great orators erty; but be very, very near all who are sick with famine of of his time. soul. Bring all creeds into a common circle; may they lean He was a Democrat of the Jeffersonian type, which creed charitably and sympathetically upon one another; and, mer­ he promulgated with untiring and unwavering constancy. ciful Father, breathe into the hearts of all men the spirit In the dark and disheartening days of his party's adversi­ of humanity. Through Jesus Christ our Lord. Amen. ties, when countless numbe1·s of its adherents faltered in 3816 CONGRESSIONAL RECORD-HOUSE FEBRUARY 12 their fealty, when its national leaders sulked in their loy­ service in the interest of good government than he. The alty and many of them even renounced the principles and Nation suffers the loss of one of its very best citizens. doctrines of the immortal leader, Mr. Kern, like a lonely Truly it has been said, Mr. Speaker, "What shadows we soldier, carried on and on, and of him it may well be said are! What shadows we pursue!" that but for Fred J. Kern and the wide influence of his As shadows cast by cloud and sun newspaper there would not have been a semblance of party Flit in the summer's grass, organization in the southern half of illinois in 1928. So in Thy Sight, Almighty One, Earth's generations pass; Mr. Kern was not an ordinary man. He belonged to that And as the years, an endless host, type we call supermen. Physically he was of iron endur­ Come pressing swiftly on, ance; intellectually, a prodigy; spiritually, benign to a fault. The brightest names that earth can boast, He dissipated not a moment of his life in dalliance-always Just glisten and are gone. at work. . DEPARTMENT OF AGRICULTURE REGULATIONS Fearless in denouncing vicious systems and malefactors Mr. JONES. Mr. Speaker, I ask unanimous consent to against society, he was always- ready to meet in physical insert in the REconn the corrected regulations prepared by combat-though one handed, as he unfortunately was­ the Department of Agriculture governing loans to be made the men, and there were many of them, who resented his to farmers. · righteous vituperation with the challenge to arms. The SPEAKER. Is there objection to the request of the He cringed before no human terror. It was his editorial gentleman from Texas? excoriation that ·broke up the late savage and predatory Mr. UNDERHILL. Reserving the right to object, and I careers of Glenn Young and Charley Birger in southern shall not object if the gentleman insists, but might I sug­ Illinois, the most notorious outlaws that ever terrified so­ gest that the value of this is so great that it would be in a ciety; yet he feared not to walk straight into their ren­ much more convenient form for the public if it were pub­ dezvous to investigate their diabolical conspiracies and san­ lished as a House document. It would be much better to guinary activities. consult the Committee on Printing and have it published Single-handed and alone, he fought and destroyed the as a House document. Ku-Klux Klan, which terrorized the inhabitants and domi­ Mr. JONES. I think that is a good suggestion, and if it nated the politics of southern Illinois for four long and is in order. I make that request. bloody years under the leadership of the same Glenn Young. The SPEAKER. The gentleman can not do that by As a humanitarian Mr. Kern takes his place alongside unanimous consent. The Chair will say that the printing Altgeld and Bryan and Wilson and Lincoln. The dying of documents is governed by statute. words of Altgeld, " I would rather touch a star and die a Mr. JONES. Then, Mr. Speaker, I will wait until a future pauper than grovel in the dirt with millions," was his life's time. motto. The SPEAKER. By special order of the House, the Above the turmoil of excitement that surged around him gentleman from Illinois [Mr. CHIPERFIELD] is recognized for his spirit was serene and kindly- 40 mjnutes. As some tall cliff which rears its awful form, Mr. YATES. Mr. Speaker, this is an important day, and Swells from the vale and midway leaves the storm, the gentlem&n from illinois is going to speak on ·an im­ Though round its breast the rolling clouds are spread, Eternal sunshine settles on its head. portant subject. I make the point that there is no quorum present. During the administration of Edward F. Dunne, Governor The SPEAKER. The gentleman from Illinois makes the of Illinois from 1914 to 1918, Mr. Kern was chail·man of point that no quorum is present. The Chair will count. what is known in that State as the board of administration, [After counting.] Ninety-two Members present; not a under which the charitable an~ penal institutions are man­ quorum. aged and controlled. Mr. BANKHEAD. Mr. Speaker, I move a call of the Entering upon this position, he found many forms of House. · cruelties, inefficiencies, and archaic and wasteful systems The motion was agreed to; accordingly the Clerk called in vogue. In his zeal for the higher humanities he abolished the roll, and the following Members failed to answer to their each and every one of these systems and vices, which seemed names: so impregnably enthroned, and modernized and humanized [Roll No. 17] these institutions from top to bottom. Abernethy Dieterich Johnson, Wash. Purnell Barbaric methods of discipline were banished from peni­ Baldrige Douglass, Mass. Kahn Rankin Beck Doutrich Kelly, Ill. Ransley tentiaries. The insane were tenderly controlled. The Beers Drewry Kelly, Pa. Reid, Ill. . newest and most scientific methods of correction and cure Bloom Dyer Kemp Rich were inaugurated. The most skillful physicians and psychi­ Boland Eaton, N.J. Kendall Rogers Bowman Erk Kennedy Sabath atrists to be found in the country were provided for these Brand, Ga. Estep Kerr Seger unfortunates. At the end of his administration these insti­ Briggs Fish Kurtz Sirovich Britten Fi.Ehburne Lankford, Va. Smith, Idaho tutior..s stood out as the models for all the States in the Brunner Freeman Lea Smith, W.Va. Union. Buchanan Gambrill Lewis Snel! · his Burdick Garrett Lovette Stalker As a Member of this House, career was as spectacular Campbell. Pa. Glover McClintock. Ohio Stewart as it was brief. His profound intelligence and his deep Carley Golder McDuffie Strong, Kans. understanding of the problems of his country readily im­ Celler Goldsborou~h McGugin Sulllvan, Pa. Chase Griffin McLaughlin Swick pressed his colleagues in the Fifty-seventh Congress, and Cochran, Pa. Hadley McMillan Taber enabled him to gain a prominence throughout the Nation Cole, Md. Hall, Miss. Manlove Taylor, Tenn. rarely coming to a Member of only one term. Collier Hancock, N.C. Moore, Ohio Thurston Colton Hart Nelson, Wis. Treadway There still remain three Members in the present House Connery Hartley Niedringhaus Tucker who were his contemporaries-the gentleman from North Cooke Hopkins Norton, N.J. Underwood Coyle Igoe O'Connor Vestal Carolina [Mr. Pou], the gentleman from Iowa [Mr. Crosser Jacobsen Oliver, Ala. Watson HAUGEN], and the gentleman from Nebraska [Mr. SHALLEN­ Crowther James Oliver, N.Y. Welsh, Pa. Curry Jenkins Owen White BERGER]. Davenport Johnson, TIL Parks Wigglesworth I recall, having been his secretary, his most intimate as­ De Priest Johnson, Okla. Pettingill Withrow sociates and friends in that session as having been Burleson Dickstein Johnson, S.Dak. Pratt, Harcourt J. Wood, Ind. and Henry and Ball of Texas and De Armond and Clark of The SPEAKER. Three hundred and ten Members are Missouri. present, a quorum. His outstanding attributes in life were his honesty in .1\IIr. BANKHEAD. Mr. Speaker, I move that further pro­ public life and his unswerving devotion to the cause of the ceedings under the call be dispensed with. common people. I know of no one who rendered a greater The motion was agreed to. 1932 CONGRESSIONAL RECORD-- HOUSE 3817 The SPEAKER. Under special order, the gentleman from by the privations· he experienced and the hardships he en­ Illinois [Mr. CHIPERFIELD] is recognized for 40 minutes. dured, suffered not his courage to fail. ABRAHAM LINCOLN Here it was that he learned the vast sympathy and the Mr. CHIPERFIELD. Mr. Speaker, many years have come broad affection for his fellow man that a mansion or a and gone since the earth last saw the beloved form of the palace does not seem to favor or create. , Great Emancipator. The church wisely reverences the humble cradle and abode Although now they almost equal in number the allotted of the Savior, and the American people find inspiration in span of the life of a man, not a single laurel that was placed the life of the youth who, as from a chrysalis, outgrows his upon his brow by the loving hands of a grateful people has humble surroundings and emerges triumphant with a char­ been withered and not one has faded under the destroying acter glorious and beautiful. And so the lad of poverty triumphed until at his death hand of time. The passage of the years has but added to the freshness the world stood silent and the monarchs of the earth bowed and luster of those laurels, and his memory has become their heads in grief and laid their tributes upon his bier as the more fixed and established, until to-day we again gather he made his last journey, silent and still, by night and by in reverence to do homage to the deeds and achievements day, through the unbroken ranks of sorrowing citizens, to of one of the Nation's greatest--Abraham Lincoln. the old home, in the heart of illinois, where now his sacred In the State from which I come, as well as in the other dust reposes, a precious trust of the people of that State. Commonwealths of the Nation, his greatness is not forgot­ [Applause.] ten, nor are the deeds which he performed lost to remem­ Between the humble home and the last imposing spectacle lay a life of love, devotion, and service. In it all is not found brance, nor is their glory lessened; and though he ~as long since passed to the glorious company of the immortals, yet one day of selfish ease or idle self-indulgence. No anchorite in truth he now lives and speaks wherever the thought of ever lived more humbly or toiled more vigorously to attain liberty finds lodgment in the mind of man. the goal that was to be his. As the gray twilight brings the day to a close on the broad To me it is a delight and a privilege to trace in imagina­ prairies of Illinois mothers draw their little ones to their tion his triumphant, though weary, steps. knees and tell in tones of affection o'er and o'er again the Love and service, attended with the highest devotion to entrancing story of the life of this great man. And as the duty, marked his course. His guide and counselor in those tale holds the youthful listeners spellbound, they do not days of privation was a wonderful mother, .whom he loved dwell on the battles of years gone by, but speak they rather with all the devotion of his boyish heart, and of whom he of his humble origin, of the devoted mother who guided his said: "All that I am or ever hope to be, I owe to my angel childish steps, of the struggling youth, the sturdy and deter­ mother." When the summons came to the rude hut and mined manhood, and the just and loving heart that found called her from earth away, it left the lad bereft and alone, vast expression in the beneficent life that gave to us a most and none could bring him comfort. precious legacy-the memory of one of the greatest and most It was the first staggering blow to a life that already well loved men since the days of the Savior of the world-the knew sorrow. memory of the humble rail splitter of the prairies of Father and son with their own hands hewed out the rude Illinois. [Applause.] casket, and winding her in her humble shroud, laid her Others may speak of Lincoln the leader, the statesman, away forever from the sight of man, to await that glorious the President, but I speak this day of Lincoln the humane, day of awakening when instead of being one of the humblest of the earth, she would be welcomed to the life beyond as. of Lincoln the man, and the life that has endeared him to all liberty-loving citizens of the world. the heroic mother of one of the world's noblest. [Applause.] From the humility of his origin, the hardships and priva­ Denoting the steadfastness of his devotion and purpo:::e and the strength of his affection, the lad grieved day by day tions of his youth, the sorrows and sympathies of his ma­ because no words of consolation and benediction had been turer years, the disappointments and triumphs of his life, spoken over the last resting place of his loved one, until out of the wisdom that he acquired in this harsh school of learning that a man of God was at a distant point, months adversity came one who was recognized by the people of afterwards, he trudged his weary way over hill and dale and his time and class as a comrade, a companion, and a friend; through the lonely forest that the mother might have one with whom even yet to-day we can walk in the same Christian burial, and gladly brought to her gTave a holy intimate, close, and tender association. man to perform the last rites and there speak the words At this day we can not understand the severity of the that brought comfort and peace to his heart. struggles by which he rose or the bleak barrenness of his As the Virgin Mother of God is remembered by the faith­ life which he describes as " the short and simple annals of ful, so is lovingly adored by the people of the land the the poor." In afteryears he could not bear to speak of mother of Abraham Lincoln; and in the vision of all mothers those days, and so far as his words are concerned they are who toil and struggle in sacrifice, through poverty and a sealed book. hardship, that their children may start the world aright, In all the length and breadth of the land to-day there she stands as a patron saint, a guiding light, and a glorious . is not poverty such as he knew. It is not accurate for men inspiration. [Applause.] to say that his life was the common lot of the sturdy The struggles of his boyhood days and their biting poverty pioneer of those days, for this is not correct. left a melancholy impress on his mind and soul. Why, I can not tell, but so it is, that when a vast work They gave to him for his entire lifetime the sensitive heart in the affairs of nations is to be accomplished and a great of a child. man is required, the early scenes of his life are almost in­ He could see no wrong done or hurt come to any living - variably laid amidst the humblest surroundings, and in thing without himself being hurt. homes where love has supplied the greater part of the needs He sorrowed with the sorrowful, and his tears fell with of child..l10od days. It was so with Gideon, David, Luther, those who had been wounded and broken on the march of Garfield, Webster, Grant, Edison, and many others, and so life. it was, although to a much greater degree with Lincoln. His soul responded to the sufferings of the world. Reared in a cabin that was inferior to the shelter of the Through his bitter experiences no man could better under­ animals on the farm, housed in a structure that was for a stand than he the fatherhood of God and the brotherhood long time without windows, doors, or a floor and that was of man, and this sympathetic comprehension animated and not even enclosed on all four of its sides, here his early years guided his every act. · were spent. The furnishings, meager and cruelly crude, In all the record of his life no mean deed is written, and were hardly worthy of the name; his resting place was a in the story of his career, as orally preserved by tradition in bed of leaves laid upon a rude support of poles. Here dwelt the State from which I come, there does not remain even and developed the indomitable spirit of the lad, who, while the suggestion that he was capable of a selfish or unworthy his heart was ofttimes saddened, though not embittered, act. 3818 CONGRESSIONAL RECORD-HOUSE .FEBRUARY 12 ·As only a starved soul could yearn, he desired affection, And it was in these same words of common speech that he and when this was given to him by Anne Rutledge it was astonished and charmed the world when in their marvelous returned with an ardor that was great. Many say that beauty he paid his tribute on the field of Gettysburg to the Anne Rutledge is a myth. I have visited her grave near men of the land who had given their lives that the Nation the town of old Salem, where it is said that after her death might live forever. This famous speech consisted of about Lincoln came often in sadness, and would not be consoled. 300 words. Of these, 204 were words of one syllable. It is repeated that at one of these times, he said that the In all of his preparation for his life work he was thorough true inscription for her resting place should be, " Here lies and painstaking to the last degree. One day he was con­ the body of Anne Rutledge and the heart of Abraham fronted with the word" demonstrate." Asking himself what Lincoln." it was to demonstrate, he went to his dictionary and saw Ofttimes he was oppressed with grief, and for days he that its meaning was "to make clear." He asked himself would seem to be crushed by it. At such a time he once the question whether he could demonstrate and " make said: clear,'' and his answer was that he could not. Thereupon I am ~ow the most miserable man living. If what I feel were he laid aside the study of law, upon which he had com­ distributed among the whole human family, there would not be menced some months before, and took up the study of a cheerful face on earth. Whet her I shall ever be better, I can Euclid, and did not again return to the law until he had not tell. I awfully forbode I shall not. To remain as I am is impossible; I must die or be better, it seems to me. mastered the first five books of Euclid's great work. So it was in all his acts. With his sensitive nature he sought the love of those with Thoroughness was his rule and upon this solid basis did whom he was brought in contact. Their esteem and good he build his life. opinion sustained, encouraged, and supported him. Without The path that Lincoln traversed in public life was not an it he was cast down and disheartened. His reward-and easy one. Probably no man who ever attained great promi- the only one he sought-was the approval of his country­ nence has tasted as bitterly of defeat as did he. ' men. And in later years the knowledge that he was at In 1832 he was defeated for a seat in the Legislature of variance with a great section of the land caused him the Illinois. most poignant grief. In 1848 he was defeated for renomination to Congress, to It is worthy of much comment that although Lincoln­ his great discouragement. as he states-had the advantage of only six months of It then seemed to him, and so he said, that he believed ~chool, and no opportunity for what is sometimes called that his public career was forever ended and that there was higher education, yet he was a man of great and profound to be no further public service for him. knowledge. Perhaps not widely versed in the details of the arts or In 1849 he was a candidate for Commissioner of the Gen­ sciences, yet he knew men. He knew their thoughts and eral Land Office, but was defeated because Daniel Webster minds and souls and the motives which animated them. cast his influence in favor of another candidate. He knew their strength and their weakness. He was In 1854 he was a candidate for United States Senator, brother and father to all mankind, and knew their sorrows but after a time withdrew in favor of Judge Trumbull. and their trials. To them he could speak in simple words In 1856 he was a candidate for Vice President, but was that touched their deepest sensibilities, and could play upon not named by the convention. the chords of their emotion in language plain, it is true, At that time he said: but with words that lived and breathed; in language that I have the cottage at Springfield and about $8,000 in money. If they make me Vice President with Seward, as some say they stands to this day as an unparalleled example of literary will, I hope I shall be able to increase it to $20,000, and that is style. as much as any man ought to want. · If you ask where he attained this power the answer, it In 1858 he was a candidate for the Senate of the United seems to me, is easy to give. He and his forbears were born States, but was defeated by Judge Douglas, although he car­ amid surroundings where life was stern and whe1·e each day ried the popular vote ·or the State by 4,000. was an actual struggle for existence. Under these condi­ His was a brave and indomitable heart. tions speech was as plain as the method of life. There they He was not dismayed or crushed by these successive de­ employed the good old Anglo-Saxon of a century past. They feats, although his campaigns were made at a great sacrifice. stripped from their meager vocabulary all effete and soft Lincoln was a comparatively poor man, and just what the words and left remaining only those that were strong and sacrifices were can best be told in his own words to the Re­ vigorous, and of these they did not employ many. publican State committee of Tilinois when he was told by The Bible was almost the only book, and its influence upon them that there was no money to pay outstanding bills. their speech was marked. Lincoln used words that were He wrote the committee as follows: dynamic in their vigor. The addition of a syllable to a Yours of the 15th is just received. I wrote you the same day. sentence was to him a matter of profligacy. As to the pecuniary matter, I am willing to pay according to my Each phrase was cut to the last degree, and thought was ability, but I am the poorest hand living to get others to pay. I given expression in sentences that were strong, direct, and have been on expense so long without earning anything that I am absolutely without money now for even household purposes. filled with meaning. Still, if you can put up $250 for me toward discharging the debt Lincoln used the monosyllable whenever possible, and his of the committee, I will allow it when you and I set tle the private sentences ofttimes were almost entirely made up of these matter between us. This, with what I have already paid, and with an outstanding not e of mine, will exce~d my subscription of elementary words. When he spoke to the people in these $500. This, too, is exclusive of my ordinary expenses during the simple terms they listened to him gladly, as they did in days campaign, all which, being added to my loss of time and bu3iness, of yore to the Man of Galilee, whose words were also plain bears pretty heavily on one no better off in world's goods than and touched the hearts of all. I; but, as I had the post of honor, it is not for me to be over­ nice. You are feeling badly, "And this, too, shall pass away, never In this simple style Lincoln said: fear." I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live up to what light I have. And after the long struggle came the great victory and I must stand with anybody that stands right; stand with him he sat in the seat of the mighty. while he is right and part with him when he is wrong. But this did not change a single fiber of his kindly nature. And so, again, they were employed by him in making this The mountain crest meant no more to him than the lowly prediction: valley. The mystic chords of memory stretching from every battlefield vVhen power came and greatness was his he wore his and e1rery p atri ot ~?ra ve to every living heart and hearthstone will honors modestly, without arrogance or ostentation, and yet swell the chor~s of. the Union when again touched as they will humility and kindness marked his course. surely be by the better angels o{ our nature. He was to the Nation Father Abraham, and with meekness [Applause.] and might, _affection and care he led his children through 1932 CONGRESSIONAL RECORD-HOUSE 3819 the valley of the shadow, safely into the fold of peace and His trusting faith was like that of a little child who con.. tranquillity. [Applause.] fidingly puts his hand in that of a loving father and walks No greater tribute can be paid to the wisdom and worth the path with a sublime trust and without fear. of the opinion of Lincoln than is paid to-day by those who One can not fail to be impressed with the startling fact use him and his words as the final and supreme argument that the entire achievement of the life of Abraham Lincoln. in favor of some proposed plan or movement. that has caused the generations to remember him, was It is demonstration to the minds of many when it can be accomplished and performed in barely 1,500 days. said, "Lincoln favored these things." If, from his life, were taken the actions and deeds em­ But while the tribute is great the name of Lincoln is not braced in those days his name would barely be known out­ always worthily employed. side of the counties of lllinois where his activities had been. Those who seek to destroy and break down the vital prin­ When defeated for the Senate by Douglas, it seemed to ciples of our Government do not hesitate to invoke his name the doubting many that his career was done-but the de­ as an aid in the accomplishment of that purpose. feats of the past were, to him, only the foundations on which By the frenzied orator of the curb, who inveighs against he builded his future triumph. all government, his auditors are told that Lincoln stood for His trials and struggles and sorrows had refined his soul absolute freedom of thought and action and that he had no until the dross was gone, and out of his bitter experience regard for the limitations of law. came forth a man-apparently called of God-to guide the They are not told, however, that Lincoln stood for free­ people of the land, both North and South, out of the horrors dom of speech and action only under the Constitution and of war to the place where, rededicated by the blood of a the law. [Applause.] They are not told that in speaking hundred fields, they stood a united and invincible people. · of this freedom of speech he said: [Applause.] Yes, we will speak for freedom a.nd against slavery as long as One lesson taught by Lincoln that may be helpful in the the Constitution of our country guarantees free speech, until present day was his unfaltering determination to stand everywhere in this wide land the sun shall shine and the rain shall steadfast before the nations of the world for the rights of fall and the winds shall blow upon no man who goes forth to unrequited toll. America. Although opposed by the bravest of the brave at home, he The things for which he stood and which he attempted did not fail to speak courageously for the dignity of the to do were in the name of the Constitution, and to this country when it was assailed from abroad and in the over­ instrument. as he construed it, he was wholly devoted. whelming crisis of those days, he spoke in the name of our The reckless and harebrained experiment in government Nation for the preservation and recognition of its funda­ possessed no attraction for him, nor was he inclined to adopt mental rights. a plan merely because it was new and untried, but going To-day we are in the midst of a great national crisis and hand in hand with his conservatism was the ever-present confronted with and threatened by a world cataclysm which desire to so adapt the Constitution that it would respond to all pray may be averted. the changing needs and requirements of the people. It will be averted whenever the people of the Nation are [Ap_plause.J sufficiently impressed with the importance of and need for While regarding with reverence the precedents of the united action. past, he also sought to be acutely conscious of, and respon­ The poet has told in inspiring lines of the respons~ that sive to, the economic demands and needs of the present. the people of the land will make to such a situation, and it As he was intensely human in all his aspects of life, so did was no more true when penned than it is to-day. he make .a sympathetic and human interpretation of the This whole Nation will respond either in time of peace or Constitution, where the rights of men were involved, which, time of war, by sacrifice and endeavor or by arms, and bear while not always strict or entirely logical, still made for the any hardship that may be imposed, no matter how severe, uplifting and the welfare of the people of the land. whenever danger assails the Republic. [Applause.] With such a construction of the Constitution of the United In time of the Nation's need and peril truly it can be said: States, by those in power, the people of the Nation will not It Up the hillside, down the glen, quarrel. is radical changes in our forms of government, Rouse the sleeping citizen: not authorized by the Constitution, that will be met with Summon out the might of men: condemnation. Like a lion growling low, Those who find comfort in the denial of a God or of a Like a night storm rising slow, Supreme Being frequently claim Lincoln as one who shared Like the tread of unseen foe. their views and approved their lack of belief. It is coming-it is nigh~ No greater or more foul slander could be uttered against Stand your homes and altars by; this man. On your own free thresholds die. Lincoln walked hand in hand with God for many years Clang the bells in all your spires; his On the gray hills of your sires before his death, and there is no act of life that warrants Fling to heaven your signal fires. the claims so advanced against him. 0 for God and duty stand, It may be that he could not define a particular creed that Heart to heart and hand to hand, entirely and closely fitted his views, but his steadfast belief Round the old graves of the land. in a God and His divine power to guide and-shape the affairs Whoso shrinks or falters now, of men was touching. Whoso to the yoke would bow, There is hardly an utterance of Lincoln, that has been Brand the craven on his brow. preserved that does not speak of this belief and faith. Freedom's soil hath only place . On one occasion, early in life, when his father was about For a free and fearless race­ to pass away, Lincoln wrote this letter: None for traitors false and base. I sincerely hope father may recover his health, but in all events Perish party, perish clan: tell him to remember to call upon and confide in our great and Strike together whlle ye can, good and merciful Maker, who w11l not turn away from him in Like the arm of one strong man. any extremity. He notes the fall of a sparrow and numbers the [Applause.] hairs of our heads, and He will not forget the dying man who puts his trust in Him. Say to him that if we could meet now it How marvelously like the ministry of the Savi or of the is doubtful whether it would be more painful than pleasant, but World were the beneficent years of this great leader of men. that if it be his lot to go now, he will soon have a joyous meeting How like the passion of the Son of God was the martyr­ with many loved ones gone before. and where the rest of us, through the help of God, hope ere long to join them. dom which he suffered, that all men might be free, and better yet be free with the Nation united. His state papers are filled with appeals to God and state­ For him the zenith of his career had been reached, and. ments of his belief in a Supreme Being, and of his reliance like Moses, he stood upon the height and Viewed the land upon His aid and assistance. regenerated, but which he might not enter-and then, on 3820 CONGRESSIONAL RECORD-HOUSE _FEBRUARY 12 Good Friday, the day when_the Christian world was sorrow­ come and stand with tearful eyes, gazing into the kindly fully observing the crucifixion of the Christ, God took him, face of this great man, and as they depart they take away even though the evening of his life had not yet come, for an inspiration to discharge the duties of citizenship better his task was done. and more fully. Yea, he was taken, if it can be so said of the death of the Our State has taken his ashes, his fame, and his memory clay that formed his body, but there was left the undying to its heart. spirit of this great man, to lead and protect the people of One it will guard and the others it will proclaim until the this Nation, by the wisdom he displayed, for many genera­ Father of Waters no longer runs to the sea and until time tions to come. is no more. And then came ungrudgingly the belated acknowledgment Not without thy wondrous story, of his greatness. Illinois, Illinois, Can be writ the Nation's glory, By none was it more dramatically confessed than by the Illinois, Illinois, British publication Punch, the magazine that for years had On the record of thy years, sneered at Lincoln and had never missed an opportunity to Abram Lincoln's name appears, Grant and Logan and our teats, hurl at him the poisoned barb of ridicule. Illinois. But in the presence of de:,:tth the voice of malice was_ silenced and its tribute to the worth of Mr. Lincoln will long In cne of the most beautiful parks, in the city of Chicago, endure. It then said: stands a wonderful monument, erected to commemorate the iife of this, one of the world's greatest men. You lay a wreath on murdered Lincoln's bier, You, who, with mocking pencil wont to trace It is builded beside the ·vast inland sea, whose ceaseless Broad, for the self-complacent sneer, surf sounds a requiem by night and by day. His length of shambling limb, his furrowed face. The _first rays of the rising sun rest upon it in rosy salu­ His gaunt, gnarled hands, his unkempt, brisling hair, tation, and here again they pause in benediction ere the His garb uncouth, his bearing ill at ease, night closes down. His lack of all we prize as debonair, Of power or will to shine, of art to please. To this spot the people come as they might to a shrine of freedom. You, whose smart pen backed up the pencil's laugh, Judging each step as though the way were plain; Here they pause and linger. Reckless, so it could point its paragraph Here gather the poor of whom Lincoln said: Of chief's perplexity, or people's pain. God must have loved them or else He would not have made so Beside this corpse, that bears for winding sheet many of them. The Stars and Stripes he lived to rear anew, Between the mourners at his head and feet, At -the base of·the ·statue little children play. Say, scurril jester, is there room for you? · Here kings and princes and rulers have sent their wreaths Yes, he had lived to shame me from my sneer, and fiqral tributes to be laid at the feet of the imposing To lame my pencil and confute my pen- figure that, motionless· and silent, ever looks toward the To make me own this hind of princes peer, great city. This rail splitter, as true-born· king of men. In loving remembrance this memorial has been builded by My shallow judgment I had learned to rue, the people of Illinois to honor its -first citizen Abraham Noting how to occasion's height he .rose, Lincoln, the martyred Preside-nt. -: · ' How his quaint wit made home truth seem more true, How iron-like, his temper grew by blows. On its base, chiseled deep into the lasting granite, is one How humble, yet how hopeful he could be; of the greatest sentences in the English language and from How in good fortune and in ill the same; its perusal we can gain the secret of the power and see the Nor bitter in success, nor boastful he, faith that animated Lincoln and gave him the courage to Thirsty for gold nor feverish for fame. perform his task. · . He went about his work--such work as few In that sentence may be found a motto by which any man Ever had laid on head, and heart, and hand­ As one who knows, where there's a task to do, can live, and tha~ can be adopted by a nation as its rule of Man's honest will must Heaven's good grace command. action in its hour of" need. Who trusts the strength will with the burden grow, These are his words, noble and courageous: That God makes instruments to work His will, Let us have faith to believe that right makes might and firm If but that will we can arrive to know, in that conviction let us to the end dare to do our dU:ty as God Nor tamper with the weights of good and ill. gives us to see it. [Applause.] Words of .mine can add nothing to the veneration in Great men have come ·and gone ·since ·Lincoln fell, and which this wonderful character is held by the people of many have attained high places in the Nation, but seldom the land, both North and South. . has one, even when his power was the greatest, attained the He is loved and revered and his fame grows more secure wonderful influence over the people of the land that has as the generations pass. been manifested, and still continues to be manifested until I can not refrain, however, from adding as a far greater this day, by the memory of Abraham Lincoln. tribute than any I can pay one which was penned of Lin­ That influence has guided the Nation when the hand of coln by a sweet singer. living man has faltered, for being dead, yet he speaketh to . It seems to me that it is a sublime epitomization of the the souls of men with power and conviction. character and the life of this man: And so, to-day, as a Representative of the State of Illi­ The color of the ground was in him, the red earth; .nois, I pay a hUmble tribute to the life and work of her The tang and-odor of the primal things- The rectitude and patience of the rocks; - / great son. The gladness of the wind that shakes the corn; . Into his hands the people gave all that was best and The courage of the bird that dares the sea; dearest. To him they intrusted the sacred honor of the The justice of the rain that loves all leaves; Nation, and never did he fail that trust. In his death they The pity of the snow that hides all scars; The loving kindness of the wayside well; honor him and preserve his memory. The tolerance and equity of light that gives as freely to In the hall of representatives at Springfield only two The shrinking weed as to the great oak flaring to the wind­ portraits are found. - The grave's low hill as to the Matterhorn, On the one hand is that of Douglas, who in the hour of That shoulders out the sky. stress, clasped hands with his old-time political opponent And so he came From prairie cabin to the Capitol, and who held up the arms of Lincoln as· Aaron did those of One fair ideal led our chieftain ·an. his leader of old. Furthermore, he burned to. do ~ his "deed The place of Douglas is secure in the affections of the With th,e fine stroke and gesture of a king; people of the Prairie State. He built the rail pile as he built the State, Pou:t:ing his_ splendid stre~gth through every blow. . From the other side of the hall looks down the towel'ing The conscience of him testing every _stroke, form of Abraham Lincoln, and there the people of the State To make his deed the measure of a man. /

1932 CONGRESSIONAL RECORD-HOUSE 3821 So came the captain, with his mighty heart, use of ground wheat or wheat meal·-coarse and fine--ground And when the step of earthquake· shook the house, Wrenching the rafters from their ancient hold, in the simplest kind of a grinder, as the basic element, he He held the ridge pole up and spiked again is able to furnish meals at a cost as low as 3 cents per The rafters of the home. He held his place- person. Held the long purpose like a growing tree- Now is the time for the Government to use some of its Held on through blame and faltered not at praise, And when he fell in whirlwind he went down resources for the needy and for us to apply in a practical way As when a kingly cedar, green with boughs, the doctrine laid down by Thomas Jefferson over a hundred Goes down with a great shout upon the hills and fifty years ago, that human rights are more precious And leaves a lonesome place against the sky. than property rights. This Congress only recently appro­ [Prolonged applause, the Members rising.] priated $2,000,000,000 to help the financial and business in­ WHEAT DISTRIBUTION terests of the country through the Reconstruction Finance Mr. POLK. Mr. Speaker, I ask unanimous consent to pro- Corporation, but unless some extraordinary action is taken ceed for five minutes. and this meritorious bill, which has been killed in committee, The SPEAKER. Without objection, it is so ordered. is called up by the Speaker at the request of petitions signed There was no objection. by a sufficient number of Members, you will have gone on Mr. POLK. Mr. Speaker, I am sure we have all enjoyed record as unwllling to grant grain for food for the hungry. the brilliant address to which we have just listened. I rise [Here the gavel fell.] at this time, solely of my own volition, to call the attention Mr. POLK. Mr. Speaker, I· ask unanimous consent to of the House and of the country to a circumstance which revise and extend my remarks by inserting a short editorial occurred on last Monday morning in the committee of which from the Cleveland Plain Dealer of February 9, 1932. I happen to be a member. I refer to the concerted action Mr. KNUTSON. Mr. Speaker, I object. of all of the Republican members of the House Committee The SPEAKER. Does the gentleman from Ohio desire to on Agriculture, who voted as a block to refuse to permit the extend his own remarks? bill designated as Senate Joint Resolution 60, providing for Mr. POLK. I do. the distribution of wheat owned by the Government to the Mr. KNUTSON. 1\-::Ir. Speaker, I have no objection to the American National Red Cross and to other agencies for the gentleman extending his own remarks, but I object to the relief of the hungry people of America, to come before the editoriaL House for consideration. The SPEA..TrnR. Vlithout objection, it is so ordered. This is a worthy measure, designed to alleviate in some There was no objection. small degree the suffering which is acute in many parts of Mr. SNOW. Mr. Speaker, I· ask unanimous consent to our country. The Government owns this wheat; it has been proceed for two minutes. paid for from taxes levied either directly or indirectly on The SPEAKER. Is there objection to the request of the practically every man, woman, and child in this country. gentleman from Maine? This wheat is costing the taxpayers hundreds of thousands There was no objection. of dollars annually in storage and other fixed charg ~s. It ·Mr. SNOW. Mr. Speaker, I fully realize that every Mem­ will probably deteriorate if held '>ver a considerable period ber of this House is entitled to his own opinion, but I con­ of time; it has a depressing effect on the market for wheat sider it a very cheap piece of business for any member of both at home and abroad, and practically all fair-minded a committee to rise here and criticize the motives of other and unbiased authorities agree that everybody would be members of that committee for · voting as they conscien­ better off if this huge supply of wheat hoarded by the Grain tiously thought was right way to vote on the measure Stabilization Corporation could be disposed of in some which the gentleman from Ohio EMr. PoLK] has just re­ profitable way. The way to dispose of some of this wheat ferred to. [Applause.] Gentlemen, abuse is no argument. exists right at our hands. Hungry men are walking the Speaking for the 10 Republican members of the committee streets of every city in our land; women and children are and, I might add, for 4 distinguished Democratic members huddled in hovels and shacks praying for food to keep body of that committee [applause], I want to say that we voted and soul together. Efficient agencies for relieving distress in the way we thought was the right way, and nothing else, are ready and willing to use this wheat for the purpose for the opinion of the gentleman from Ohio to the contrary which it was grown, and still under the rules of this House notwithstanding. this meritorious legislation can be blocked. As one member of that committee I resent the remarks Mr. Speaker, in order to bring the attention of the House which the gentleman from Ohio has made, and I say that I to this problem I hope petitions may be prepared requesting consider them decidedly unfair. I furthermore say to you the Speaker to direct that the wheat distribution bill . shall that the evidence as presented to our committee, in the be immediately reported to this body for consideration. opinion of some of us at least, was not sufficient to warrant This is a time which demands action-not words. While a favorable vote for the bill and it was for that reason and we sit idly by hunger stalks through the land. Little chil­ that reason only that we 14 members voted against· the bill. dren are going to school undernourished; relief organiza­ lApplause.J tions are rapidly depleting their resources for providing the COMMENCEMENT OF TERMS OF PRESIDENT, VICE PRESIDENT, MEM­ necessaries of life. In my district the Red Cross, the Ameri­ BERS OF CONGRESS, ETC. can Legion and the American Legion Auxiliary, parent­ Mr. POU. Mr. Speaker, I' call up House Resolution 133. teachers' associations, Kiwanis Clubs, Rotary and Lions' The SPEAKER. The gentleman from North Carolina Clubs, and many other fraternal and social-relief organiza­ calls up a resolution, which the Clerk will report. tions are functioning as best they can, but the private funds The Clerk read the resolution, as follows: they have are rapidly diminishing. In our cities "com­ House Resolution 133 munity chest" funds are in many instances inadequate to Resolved, That immediately upon the adoption of this resolution the demands being placed upon them. Much of this relief it shall be in order to move that the House resolve itself into the work, especially in the country and small towns and cities, Committee of the Whole House on the state of the Union for the consideration of Senate Joint Resolution 14, proposing an amend­ falls upon people already heavily burdened by taxation; ment to the Constitution of the Unit ed States fixing the com­ people who are not in position financially to bear this added mencement of the terms of President and Vice President and burden of providing food and clothing for those in need. Members of Congress and fixing the time of the assembling o! The proposed use of the wheat now owned by the Govern­ Congress. · That after general debate, which shall be confined to the joint ment by the various relief organizations of the country, resolution and shall continue not to exceed three hours, to be through the National Re.d Cross, will lift a heavy burden equally · divided and controlled by the chairman and ranking from the shoulders of our public-spirited men and women minority member of the Committee on Election of President, Vice President, and Representatives in Congress, the Senate joint reso­ who are engaged in relief work. lution shall be read for amendment under the 5-minute rule. Dr. Robert E. Brown, of the Graduate School of .Oberlin At the conclusion of the reading of the joint resolution for amend­ College, Oberlin, Ohio, has evolved a plan whereby~ with the ment the committee shall rise and report the same to the House LXXV--241 3822 CONGRESSIONAL RECORD-HOUSE FEBRUARY 12 With such amendments as may have been adopted, and the previ­ in discussing the rule be added to the time for general debate ous question shall be considered as ordered on the resolution and the amendment thereto to final passage without intervening on the resolution? motion except one mo.tion to recommit. Mr. POU. It is not considered entirely proper to discuss Mr. POU. Mr. Speaker, I ask unanimous consent, and I the merits of a resolution or bill under the rule itself, but think my colleague on the other side will not object, that it has been done ever since I have been a Member of this on page 2, in line 4, after the word "rule," the following body. Mr. Speaker, I yield the gentleman from Michigan amendment be incorporated: "for the purpose of amend­ one-half hour, to be in turn used as he may see fit. ment the House committee substitute shall be considered as Mr. MICHENER. Mr. Speaker, as a member of the Rules an original bill." Committee, in February, 1931, in the Seventy-first Congress, Mr. MICHENER. That is satisfactory to this side, Mr. I presented a similar rule, which made the proposed con­ Speaker, as far as the committee is concerned. stitutional amendment in order at that time, and expressed The SPEAKER. The gentleman from North Carolina my views as to the necessity fm· the amendment. This offers an amendment to the resolution, which the Clerk will proposal has passed the Senate six or seven times and was approved by the House by more than a two-thirds vote about report. a year ago, but died in conference. The Gifford resolution, The Clerk read as follows: as it passed the House, was in all material respects the Amendment offered by Mr. Pou: Page 2, line 4, after the word "rule," insert the words "for· the purpose of amendment the same as the resolution which we are here to consider, with House committee substitute shall be considered as an original two exceptions: First, the present resolution places no limit bill." on the length of either session of Congress. Second, section The SPEAKER. The question is on agreeing to the 6 of the Gifford resolution is not embodied in the present amendment offered by the gentleman from North Carolina. resolution. That section reads thus: Mr. LEWIS. Mr. Speaker, I wish to make inquiry as to This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three­ the effect of the amendment. fourths of the States within seven years from the date of 1he Mr. POU. It simply makes the House committee substi- submission_hereof to the States by the Congress. and the act o1 tute as the original resolution. ratification shall be by legislatures the entire membership of at Mr. LEWIS. Mr. Speaker, a parliamentary inquiry'. least one branch of which shall have been elected subsequent to The SPEAKER. The gentleman will state it. such date of submission. Mr. LEWIS. Would amendments be admissible under the We are familiar with the so-called Longworth amend­ amendment that would not be admissible were the amend­ ment, which passed in the last session and which limited ment not adopted? the short session of Congress to June 4, as I recall. This The SPEAKER. The Chair understands the proposed amendment did not fix by Constitution an unchangeable amendment to the rule gives greater liberality in the offer­ date for the termination of the second session but did pro­ ing of amendments in the Committee of the Whole. vide that June 4 should end the second session unless the Mr. BANKHEAD. Mr. Speaker, as I understand, the Congress by legislation determined otherwise. The reasons House committee struck out all of the Senate bill after the _for this change are so fully set forth in the debates in the enacting clause, and the purpose of the amendment is to last session that repetition is unnecessary. I am advised throw open the House resolution to amendments under the that the gentleman from North Carolina [Mr. WARREN] will general rules of the House. offer this amendment when the resolution is being read for The SPEAKER. The question is on agreeing to the amendment, and I bespeak for his amendment the favorable amendment offered by the gentleman from North Carolina. consideration of the House. Previous to the submission of The amendment was agreed to. the eighteenth amendment Congress had never placed a Mr.-POU. Mr. Speaker, this special rule from the Com­ limitation upon the time in which the legislatures of the· mittee on Rules provides for the consideration of Senate several States might ratify an amendment. As a result sev­ Joint Resolution 14, proposing an amendment .to the Con­ eral amendments to the Constitution have been passed by stitution of the United States fixing the time of the assem­ Congress on which no action has ever been taken by the bling of Congress, and so forth. required number of States, yet these amendments are in It is known throughout the country, I believe, as the so­ existence, have vitality, and would become a part of the called " lame duck " amendment to tne Constitution. fundamental law of the land if a sufficient number of the Mr. Speaker, this is a subject that has been considered States should proceed to ratify -them. Indeed, some of these by the House and the Senate for a number of years. The amendments are almost as old as the Constitution itself­ rule provides for three hours of general debate, one half to for instance, amendments proposed in 1789, 1810, 1861, and be controlled by the chairman of the committee and one 1924 have not been ratified by the States, and there are half by the ranking minority member. As this proposed possibly others which I do not now recall. The Supreme amendment has been discussed so much and as I see no Court of the United- States has held that the Congress has necessity for any further observations as to the rule, which the power to place a reasonable limitation upon the time provides for the consideration of the joint resolution, I shall in which the States have to ratify an amendment, and seven have nothing further to say, and reserve the remainder of years has been held a reasonable time. It seems to me that my time. no possible objection can be had to a provision of this kind. Mr. MICHENER. Mr. Speaker, may I say that our under­ Section 6. above referred to, contains a new feature in that standing was that we would not take much time on the rule it provides that at least one body of the State legislature unless there was great demand for time. General debate must be elected by the people after the submission of the under the rule is exceedingly short, being but three hours. constitutional amendment and before its consideration by I might say to the gentleman that we have a great demand the State legislature. I favor submitting this constitutional for time on this side. The ranking member of the legisla­ amendment, and I shall vote for the amendment, and I tive committee advises me that he has such a demand for make these few suggestions merely for the purpose of per­ time that he has not even been able to take care of all the fecting the· proposal. members of the committee. Mr. LAGUARDIA. Will the gentleman yield? Mr. POU. How much time does the gentleman require? Mr. MICHENER. Yes. . . Mr. MICHENER. The usual 30 minutes. Mr. LAGUARDIA. What constitutional justification has Mr. CELLER. Will the gentleman yield? the gentleman for the second provision in his amendment, Mr. MICHENER. Yes. _ namely, that one body of the legislature be elected after Mr. CELLER. I have been trying to get some time on the submission of the amendment? the resolution, and other Members on this side have been Mr. MICHENER. The gentleman has no ruling on the trying to do the same thing. While I will no doubt be able constitutional authority, because the matter has never been to get time, why could it not be arranged that the time used submitted, but he has just the same justification that those 1932 CONGRESSIONAL RECORD-HOUSE 3823 who submitted the seven years' provision in the first place continue to legislate. I shall not enter into an academic had. That very question was argued very thoroughly in discussion as to how it came about that we had a hold-over the Congress-in the House and in the Senate-and it was session to pass legislation after the election, but the fact is argued that the Constitution provided the way and that that prior to 1821 there were 18 distinct legislative proposals the Congress could not, by legislation, change that way. of various Congresses providing a different assembling date The Supreme Court has sustained the 7-year proposition, than the first Monday of December, and 10 of these 18 were and I feel just as confident that the Supreme Court, for for the first Monday in November. the same reasons, would sustain this proposition. The resolution that we have here before us contains I hope these two amendments will be accepted, and when nothing that makes it mandatory that Congress shall as­ accepted, that the resolution will pass. However, in order semble on the 4th day of January of each year in even­ that I may not be misunderstood, I repeat that I favor tbe numbered and odd-numbered years. It leaves it to the resolution. Personally I shall vote for the resolution with­ Congress to fix some different date, and I am hopeful out the amendments, but it is much better, in my judgment, that when this amendment is ratified by the legislatures of with the amendments. . · a sufficient number of the States that instead of our conven­ Mr. CELLER. Will the gentleman yield? ing in the even-numbered years on the 4th day of January Mr. MICHENER. For a short question; yes. we will convene on the first Monday of November prior Mr. CELLER. Do I understand the gentleman to say thereto, so as to make the long session meet on the first that the Supreme Court might decide that the legislatures Monday of November in the odd-numbered year prior to the of the various States would have to ratify within seven congressional or presidential election, and run along prior years even if there were no such express provision in the to the assembling of the national conventions. resolution? I think the proposal of the gentleman from Michigan Mr. MICHENER. No; what the gentleman said was that [Mr. MicHENER] that was voted on so very positively in the the Supreme Court has decided that Congress may provide last Congress and which will be submitted here for a vote a time in which the States must act and that seven years to-day, prescribing .some day in June, perhaps, when the is a reasonable time, and it is the judgment of the gentle­ Congress should mandatorily come to an end, should be man speaking that the Supreme Court would also ratify adopted; that is, in the year when we have our presidential the provision that at least one body of the State legislature elections or our congressional elections and conventions. must be elected by the people before the ratification is Even the adoption of this amendment would not prevent effective by the State legislature. the Congress, or even that Congress, from deciding on a Mr. CELLER. Suppose we adopt this resolution which, different date of that same year if the exigency of the case I understand, carries no limitation as to seven years or any would require it; but it would prevent perhaps some obstrep~ other time, would the Supreme Court, in passing upon this erous Members who bask in the sunlight of publicity and provision at some subsequent time, permit the ratification whose homes a1·e here more than in their respective States if it took 20 years, for instance? holding up the Congress when the membership of the House · Mr. MICHENER. If the gentleman had been listening overwhelmingly would like to get back to their districts so to the earlier part of my remarks he would realize I stated as to look after their own election and give an accounting that there were to-day amendments floating about the to the electorate of what they had done and how they had country which were submitted 100 years ago, which might, voted. theoretically, become a part of the Constitution to-day if Neither is the power vested in the President contravened certain States which had not acted should act upon the from summoning the Congress in emergent session if re­ amendments now; and we want to avoid anything of that quired. kind. Section 3 of the proposed resolution takes care of the I yield 10 minutes to the gentleman from Wisconsin [Mr. hiatus that has happened only once in 140 years, where there STAFFORD]. was not a majority of the electoral votes for any one candi­ Mr. ST~.o\FFORD. Mr. Speaker, I compliment the Com­ date for the Presidency. That was in 1825. The four respec­ mittee on Rules in affording at so early a date in the ses­ tive candidates for President-William H. Crawford, of sion of the Congress an opportunity to the House to vote Georgia; Henry Clay, of Kentucky; Andrew Jackson, of Ten­ on this resolution. On six or seven different occasions the nessee; and John Quincy Adams, of Massachusetts--each Senate of the United States has passed this resolution, for­ lacked having a majority of the electors. _ warded it to the House, and it was either buried in committee John Quincy Adams and Henry Clay between them did or, as in the last Congress, left dangling as a waif in the com­ not have a majority vote, but Andrew Jackson and William mittee room or somewhere else for more than a year after it H. Crawford between them had a majority, and yet the had passed the Senate. It was brought up. for consideration House, under the method prescribed by Article XII of the in the House late in the closing days of the Congress, an amendments, voted to elect John Quincy Adams. amendment was added,. which was a rather material This provision takes care of the hiatus in case the Presi­ amendment, the resolution as amended passed, but the late­ dent elect should die after he is elected, or in case there ness of the session did not give time for the Senate to pass should be no Vice President to take tl;le office, as it gives upon the question carried in the amendment. Congress the right to pass legislation as to who, under the . Whether the resolution is passed in toto as it has been circumstances, would succeed to the office. presented by the committee or is amended in the particulars The resolution has been carefully considered by the com­ suggested by the gentleman from Michigan, nevertheless we mittees of the House and the Senate. In this we are but can expect that some definitive action will be taken thi~ echoing the advance thought of the world and of the coun­ session upon this resolution, which has been so greatly de­ try to discontinue, to put a stop for all time to these lame­ manded by the American people. duck sessions of Congress, after the people have voted out I do not join with the distinguished gentleman from certain Members and, perhaps, have turned the control over Michigan in the fear that this proposed amendment will to the opposition party. join the 100 amendments that have been proposed since the I well remember-and the older Members wili remember­ organization of the Government that have never been rati­ that fateful day, March 4, 1911, when the Republicans, after fied by the legislatures of a sufficient number of the States having been in control of all branches of the Government and are now dangling .in the limbo of the past for the very for 16 years and were then losing control of the House, with reason that this is a live amendment about which the people Speaker Cannon in the chair, at the hour of 11.15, tried to of the country are much concerned and which the legis­ put through the House under -whip and spur the Tariff latures are waiting for an opportunity to ratify. Commission act. The Democrats were solidly arrayed In no government on the face of the earth do we find the against that outrageous legislative coup. Feeling ran high. condition whe1·e a legislative body, aiter it has been dis-. The House was in wild disorder. One Democratic Member credited by the people, is granted the opportunity to stood here in the well with a knife in his hand, threatening 3824 CONGRESSIONAL RECORD-HOUSE· JfEBRUARY 12 the Speaker if he would recognize · Members to pass the elected in that· election, that that old Congress which met resolution. defeat at the polls shall be called into· session to elect a The Democrats were right-the Republicans had been dis­ President of the United States? I think it is impractical, credited. By what constitutional right could a legislative that it is unscientific, and that it is undemocratic, and I body, after it had been renounced by the electorate, assume trenk in this modern day it might be considered as un­ to legislate, especially on a partisan matter? Why should American. No Congress, commissioned in November, should any Congress, in a hold -over session; be permitted· to pass be compelled to remain at home for 13 months before it appropriation bills or any kind of legislation in the few assumes its official duties. months of the hold-over session, especially where the mem­ I want to make this House of Representatives respon­ bership has changed? This archaic system is a legislative sible to the people of the United States who commission it. anachronism that has been tolerated but not justified. The There is one amendment that has been offered to this fundamental principle of legislative accountability to the resolution in times _past that probably will be offered again, electorate is violated. The renounced Members have had and that is that the second session of the Congress shall be loosened the ties of responsibility in their votes. limited by the Constitution. I think we have noticed in our I do not claim that all defeated Representatives are chary experience of times past that the short session of Congress of their high responsibility, but oftentimes, I regret to say, is very often filled with confusion. It is that barrier of the - many have been. 4th day of March that stands there, fixed by law as the time So I urge the removal of this legislative abnormality so when Congress must .adjourn, that offers that opportunity that trust in our· Congress will not be impaired, or even for some person who is overenthusiastic for some personal questioned, by any part of the electorate. measure to assume the responsibility of thwarting the legis­ [Here the gavel fell.] lative will of Congress by means of filibuster. I do not be­ Mr. POU. Mr. Speaker, how much time have I used? lieve the machinery of government should be such as to The SPEAKER. The gentleman has used four minutes. allow a stubborn minority of one Member to defeat the will Mr. POU. I yield 10 minutes to the gentleman from In- of the majority. It is contrary to my ideas of representative diana [Mr. GREENWOOD]. government, controlled by the majority, that there should Mr. GREENWOOD. Mr. Speaker, we have before us for be any opportunity offered, under the machinery of the consideration a constitutional amendment, and I shall speak management of this House or of Congress, that will permit to the merits of the amendment rather than the rule, which one man's will to defeat' the will of the majority. I understand has been customary. The short sessions of Congress very often end in confu­ This is an amendment that has been up several times for sion, and we go back to our constituency in humiliation that our consideration, and of which I have confidence in its matters of supreme importance in legislation, and even ap­ merits and believe in its great importance to the machinery propriation bills, have been defeated by the will of one man of our Federal Government. or a small minority, because that barrier was fixed at which The adoption of this amendment is not fundamental, in adjournment should be had, abscHutely. that it goes to any traditional principles of our Government. Our Government has grown to the place where the trans­ It is not a change in the fundamental -principle or the action of one year's business is just as important as another. theory of our Government, but goes merely to the mechanics I never could. see the practical side; I never could see the of procedure in Congress. advantage of having a long session of Congress followed The present method was formulated 140 years ago, when by a short session. Appropriations must be more or less we were without railroads, _without telegraph lines, without uniformly made, and the activities of all departments are airplanes, or any of the present methods of transportation or practically the same one with another. The duties of Con­ communication. No doubt it was considered adequate for that gress are the same one year with another. I can not see day in which our forefathers lived when they formulated why one session of Congress should go on until a joint reso­ the Constitution, but we are living in a different age. We lution of both Houses to adjourn has been agreed to, while are living in an age of speed. We are.living in an age when the short session is absolutely closed by limitation of law. we attempt to do things in a more efficient manner, when This is campaign year. We are gathered in the long ses­ time is of great importance. It. seems to me that it is a sion of Congress. We have certain business to transact and great travesty to have a Congress elected in November that certain tasks to perform; but who will say that when that _ shall enter on the pay roll on the 4th of the following March task is finished both .Houses will not be willing to adjourn and not be called to their official duties-until 13 months and that we will adjourn as we always have, in plenty of after they are elected. I submit it is impractical and that it time to transact the business, politically speaking, that shall is unscientific; that it is not calculated to produce the best confront us in the campaign? methods of government or of legislation. So it is to elimi­ It has been said that self-preservation is the first law of nate that session of the old Congress after the election has nature. That is true in politics as it is true in nature. Each been held, the commonly called "lame-duck" session, that Congress may be trusted to finish its business. Congress this amendment is proposed. . should proceed each year until its task is finished, and it Our Republic has always been heralded as a government should not have a barrier standing there, fixed by law, as that is representative in its character. The only part that the goal toward which some one who desires to filibuster the people play in the machinery of government is at the and thwart the will of the majority shall use as an instru­ ballot box. It is there that they hold check and balance mentality for his own individual desires. upon the administration and upon the legislative program I say it is impractical to have a short session and a long and the official activities of their officers. If that is a funda­ session of Congress when the business of the country is mental principle, as we all concede, then a mandate that is uniform from year to year. Furthermore, I am not one who issued in the early part of November should be carried into is willing to believe that there should be written into the effect as soon as possible after the election has beep held. Constitution of the United States a provision that is based The old method under which we are now operating nullifies upon political expediency. When we place a limitation on that printiple of government that the people speak authori­ the second session of Congress, on the theory that it is cam­ tatively at the ballot box. It allows men, after they have paign year, we are writing the Constitution of the United been repudiated at the polls, to come b~ck and for a period States on that theory of political expediency instead of the of three months legislate for the people. Not only that, welfare of the country. Let us attend to business first -and although it has rarely been the circumstance, nevertheless, politics will take care of itself. a President might have to be elected by the House of Repre­ Mr. MICHENER. Will the gentleman yield? sentatives, as has been necessary in times past. Shall we Mr. GREENWOOD. I yield. say it meets our ideas of democracy that a Congress that Mr. MICHENER. I do not want to be' understood as has been repudiated at the polls in November shall meet stating that I was proposing this amendment because it was here the following year, and if a President has not been campaign year, I want it understood that there must be a 1932 CONGRESSIONAL RECORD-HOUSE 3825 limitation at some time, even though it be the end of the Nelson of Maine, Nledringhaus, Norton, O'Connor of Oklahoma, Oliver of New York, Owen, Palmisano, Parks, Perkiil$. Pittenger, year, and that so far as filibustering is concerned, that is Pou, Harcourt J. Pratt, Ruth Pratt, Purnell, Rs.gon, Frank M. just as effective at the end of a long session as it is at the Ramey, Ransley, Reece, Reed of New York, Rich, Rogers, Sanders end of a short session. of New York, Sanders of Texas, Schafer of Wisconsin, Sears, 1\IIr. GREENWOOD. My remarks were not directed at Seger, Seiberling, Shaffer of Virginia, Short of Missouri, Simms, Sloan, Smith of Idaho, Smith of West Virginia, Snell, Sparks, anything the gentleman from Michigan said. Sproul of Kansas, Stalker, Stobbs, Strong of Pennsylvania, Sulli­ [Here the gavel fell.] van of New York, Sullivan of Pennsylvania, Summers of Wash­ Mr. POU. Mr. Speaker, I yield the gentleman one addi- ington, Swick, Taber, Tarver, Taylor of Tennessee, Thatcher, Thurston, Tilson, Timberlake, Tinkham, Treadway, Turpin, Under­ tional minute. · hill, Vestal, Vincent of Michigan, Wainwright, Walker, Warren, Mr. GREENWOOD. Mr. Speaker, I have just this further Wason, Watres, Welch of California, Welsh of Pennsylvania, White, observation to make, that we can trust both branches of the Whitley, Wigglesworth, Williamson, Wolverton of New Jersey, Wol­ Co~o-ress to close the session -in the second year just the verton of West Virginia, Wood, Woodrum, Wright. Nays-148: Abernethy, Ackerman, Allen, Almon, Arnold, Ayres, same as they are now called upon to close it in the first year. Barbour, Black, Box, Briggs, Browne, Brumm, Brunner, Buchanan, The business of the country is uniform, so that it is as im­ Burtness, Byrns, Cannon, Celler, Christgau, Clague, Cochran of Mis­ portant to have a long session in the second year as in the souri, Collins, Condon, Connery, Cooke, Cooper of Tennessee, Cooper first year. It is important that the Congress should take of Wisconsin, Craddock, Crail, Crisp, Crosser, Dempsey, DeRouen, Dominick, Daughton, Dowell, Doxey, Driver, Dunbar, Edwards, Es­ care of all its tasks before closing a session rather than to lick, Esterly, Evans of Montana, Fisher, Frear, Gambrill, Garber have the closing date fixed by law, so that it will be abso­ of Oklahoma, Garner, Gavagan, Goldsborough, Granfield, Green­ lute. If the session in the second year is not arbitrarily wood, Gregory, Griffin, Hall of North Dakota, Hancock of North Carolina, Hare, Hickey. Hill of Alabama, :am of Washington, closed by law, then the Congress can finish all the tasks Houston of Delaware, Howard, Huddleston, Morton D. Hull, Hull they have to perform. of Tennessee, Hull of Wisconsin, James of Michigan, Jeffers, John­ Let us place no limitation in the Constitution, but leave son of Oklahoma, Johnson of Texas, Jones of Texas, Kearns, Kelly, that to the discretion of each Congress to adjourn when the Kinzer, Kurtz, Kvale, LaGuardia, Lankford of Georgia, Lozier, Ludlow, McCorma-ek of Massachusetts, McFadden, McLaughlin, Me- ..... legislative program is finished. Millan, McReynolds, McSwain, Maas, Magrady, Mapes, Merritt, Mr. POU. Mr. Speaker, I yield five minutes to the gen­ Miller, Milligan, Montague, Montet, Moore of Kentucky, Moore of tleman from North Carolina [Mr. WARREN]. Ohio, Moore of Virginia, Morehead, Nelson of Missouri, Nelson of Mr. 'WARREN. Mr. Speaker, as much as I would like Wisconsin, Nolan, O'Connor of New York, Oldfield, Oliver of Ala­ bama, Palmer, Parker, Parsons, Patman, Patterson, Peavey, Prall, to have the opportunity to do so, I feel physically unable Quin, Henry T. Rainey, Ramseyer, Ramspeck, Rankin, Rayburn, to-day to discuss this resolution. I have well-settled convic­ Reilly, Robinson, Romjue, Rutherford, Sandlin, Schneider, Selvig, tions on this subject, and have expressed them on every Shott of West Virginia, Simmons, Sinclair, Snow, Somers of New occasion that this resolution has been under consideration. I York, Speaks, Stafford, Steagall, Stone, Sumners of Texas, Swan­ son, Swing, Taylor of Colorado, Temple, Tucker, Underwood, Vin­ think we have made a mountain out of a molehill on the whole son of Georgia, Whittington, Wilson, Wingo, Wolfenden, Wood­ matter. I realize the force of the argument that a defeated ruff, Wyant, Yon, Zihlman. or a discredited Congress should not be permitted to func­ Not voting-53: Allgood, Bachmann, Bell, Buckbee, Chase, Clark of Maryland, Denison, Douglass of Massachusetts, Doyle, Drane, tion, and I am in sympathy with that part of the resolution, Dyer, Erk, Fenn, Garber of Virginia, Garrett, Golder, Graham, although I think we can accomplish by statute all we are Hall of Mississippi, Hawley, Hoffman, Hudspeth, Igoe, Johnson of now seeking to accomplish by an amendment of the Con­ Indiana, Johnson of South Dakota, Johnston of Missouri, Kahn, stitution. . I do feel, however, very keenly against a wide­ Kemp, Kendall of Pennsylvania, Kennedy, Kiefner, Kunz, Larsen, Lea, McClintic of Oklahoma, Michaelson, Newhall, O'Connor of open and a perpetual session of Congress. Those of us who Louisiana, Pritchard, Reid of Illinois, Rowbottom, Sabath, Shreve, were here in the last session will remember that the late Sirovich, Spearing, Sproul of illinois, Stevenson, Strong of Kansas, distinguished Speaker of this House left the chair for the Thompson, Watson, Whitehead, Williams, Wurzbach, and Yates. second time during his incumbency, took the floor, and of­ So the amendment wa.s agreed to. The Clerk announced the following pairs: fered an amendment to place a limitation of four months Until further notice: on the second session of Congress. I merely rise at this Mr. Graham with Mr. Stev-enson. time to give notice that at the proper time I shall offer that Mr. Buckbee with Mr. Hall of Mississippi. same amendment, which was largely supported on both Mr. Dyer with Mr. Allgood. Mr. Hawley with Mr. Larsen. sides of the House, and which was adopted by 81 majority Mr. Golder with Mr. Williams. last February. I ask unanimous consent, Mr. Speaker, that ~_r. Reid of Illinois with Mr. Igoe. I may extend my remarks by inserting in the RECORD the Mr. Shreve with Mr. Drane. Mr. Erk with Mr. Kennedy. roll call last February on the so-called Longworth amend­ Mr. Bachmann with :Mr. McClintic of Oklahoma. ment. :Mr. Johnson of South Dakota with Mr. Bell. The SPEAKER. Is there objection? Mr. Watson with Mr. Douglass of Massachusetts. There was no objection. Mr. Chase with Mr. Kemp. Mr. Denison with Mr. Garrett. The roll call referred to follows: l\!Ir. Kendall of Pennsylvania with Mr. Kunz. [Roll No. 37] Mr. Wurzbach with Mr. O'Connor of Louisiana. Mr. Sproul of Illinois with Mr. Sabath. Yeas-229: Adkins, Aldrich, Andresen, Andrew, Arentz, Aswell, I Mr. Pritchard with Mr. Whitehead. Auf der Heide, Bacharach, Bacon, Baird, Bankhead, Beck, Beedy, Mr. Kiefner with Mr. Lea. Beers, Blackburn, Bland, Blanton, Bloom, Bohn, Bolton, Bowman, :J\.!r. Garber of Virginia with Mr. Sirovich. Boyl~n. Brand of Georgia, Brand of Ohio, Brigham, Britten, l\!Ir. Fenn with Mr. Hudspeth. Browning, Burdick, Busby, Butler, Cable, Campbell of Iowa, Camp­ !-1rs. Kahn with Mr. Doyle. bell of Pennsylvania, Canfield, Carley, Carter of California, Carter of Wyoming, Cartwright, Chalmers, Chindblom, Chiperfield, Chris­ Mr. GOSS. Mr. Speaker, this is an important matter, topherson, Clancy, Clark of North Carolina, Clarke of New York, and I doubt if there is a quorum present. Cochran of Pennsylvania, Cole, Collier, Colton, Connolly, Cooper of Ohio, Corning, Cox, Coyle, Cramton, Cross, Crowther, Cul­ Mr. O'CONNOR. Mr. Speaker, I was going to join with kin, Cullen, Dallinger, Darrow, Davenport, Davis, De Priest, Dick­ the gentleman from Connecticut by saying it is such an inson, Dickstein, Dorsey, Douglas of Arizona, Doutrich, Drewry, insignificant matter that I think a quorum should be present. Eaton of Colorado, Eaton of New Jersey, Elliott, Ellis, Englebright, Estep, Evans of California, Finley, Fish, Fitzgerald, Fitzpatrick, The SPEAKER. Does the gentleman make the point of Fort, Foss, Free, Freeman, French, Fuller, Fulmer, Gasque, Gib­ order that there is no quorum present? son, Gifford, Glover, Goodwin, Goss, Green, Guyer, Hadley, Hale, Mr. GOSS. Mr. Speaker, I withdraw my point of order. Hall of Illinois, Hall of Indiana, Halsey, Hancock of New York, Hardy, Hartley, Hastings, Haugen, Hess, Hoch, Hogg of Indiana, Mr. MICHENER. Mr. Speaker, I yield 15 minutes to the Hogg of West Virginia, Holaday, Hooper, Hope, Hopkins, Hu dson, gentleman from Massachusetts [Mr. GIFFORD]. William E. Hull, Irwin, James of North Carolina, Jenkins, John­ Mr .. GIFFORD. n..rr. Speaker, I think the House knows son of Illinois, Johnson of Nebraska, Johnson of Washington, Jonas of North Carolina, Kading, Kendall of Kentucky, Kerr, that for some time I acted as chairman of this committee Ketcham, Knutson, Kopp, Korell, Lambertson, Langley, Lanham. and am now the ranking member on the minority side. Lankford of Virginia, Leavitt, Leach, Lehlbach, Letts, Lindsay, When, some eight years ago, this matter was brought to Linthicum, Loofbourow, Luce, McClintock of Ohio, McCormick of illinois, McDuffie, McKeown, McLeod, Manlove, Mansfield, Mar­ my attention I was not particularly interested in havh""lg tin, Mead, Iy.renges, Michener, lJJ:ooney, Morgan, Mouser, Murphy, more ·amendments added to the Constitution. The " lame- 3826, CONGRESSIONAL RECORD-HOUSE .FEBRUARY 1~ duCk" amendment, so called, standing by itself, did not last many years, until to-day we have to reckon with that greatly appeal to me~ but when our much respected Clerk, change, and 1 do not want the time ever to come when we Tyler Page, who has been here for 50 years, told· us that can not extricate ourselves from the interminable delays there were 12 unanswerable questions which it was the plain originating in that body. And if the so-called Longworth duty of our committee to look into, I became convinced that amendment should fail, I shall offer an amendment that it there was a very great necessity for an amendment to the seems to me should be satisfactory, Co!lstitution. In the debates of last year the argument was made that The lame-duck amendment is of very little importance we should not surrender our rights to the Executive, that compared to section 3 and section 4. Just because some­ we should not be called in to extra session merely at the thing has not happened in 140 years is no reason why it may whim of the Executive, but that we should hold to our -own not happen. And that danger was foreseen 100 years. rights; and my proposed amendment provides that although Mr. GOSS. Mr. Speaker, I make the point of order that we shall agree to terminate ·the second session on May 4 there is no quorum p1·esent. there would be the added words " unless the Congress The SPEAKER. Evidently there ·is not a quorum present. appoint a different day:" Hence if May 1 comes and we Mr. BANKHEAD. Mr. Speaker, I move a call ()f the find we can not get through on May 4 by joint action of ·Hause. the Congress we can .continue, without any consideration of A call of the House was ()rdered. what the President may desire. But the action should be The Clerk called the roll, and the following Members joint. It should not be left to the whim of either branch f-ailed to answer to their names: to prolong sessions indefinitely. [Roll No. 18] I do not wish to be unparliamentary, but I think that Abernethy Davenport James Oliver, N.Y. a very serious condition becomes apparent when we com­ Aldrich De Prlest Jenkins Pettengill Ayres Dickstein Johnson, TIL Purnell pare the two bodies. We of the House seem not to trust Bachmann Dieterich Johnson, S. Dak. Rankin ourselves. We tie ourselves up with all sorts of rules. We Bacon Douglass, Mass. Johnson, Wash. Ransley Baldridge Doutrich Kahn Reid, lll. scarcely have time for reasonable debate. Even five minutes Beck Dyer Kelly, lll. Rogers, Mass. is very .often hard to obtain.. In the other branch, how­ Beers Eaton, Colo. Kelly, Pa. .Sa.bath ever, there are no such limiting rules. The Senate might Bloom Eaton, N. J. Kemp Schneider Boland Erk · Kendall Seger actually keep us in continuous session. There have been Bowman Estep Kennedy Selvig occasions when fnr weeks we have had to stay here and Bra.nd, Ohio Evans, Mont. Ketcham Sirovich recess three -days at a time waiting for them to exhaust Briggs Fish Kinzer Smith, Va. Britten Fishburne Knutson Smith, W.Va. themselves in endless debate. Brunner Freeman Kurtz Snell Burch Gambrill Lankford, Va. Stalker The third and fourth -articles are, I feel, extremely im­ Burdick Garrett Lea Strong, Kans. portant. If there should be no President -of the United Carden Gasque Lovette .Sulliva.n, Pa. States having qualified -on the 4th day of March, it would Carter, Wyo. Golder Ludlow Sweeney Cha.,pman Gxanata McClintock, Ohio Taber be a most serious matter. Chase Granfield McDuffie Treadway Beeause of the Jefferson-Burr controversy, as you remem­ Chiperfield Grifiln McGugin 1 Tucker Cbchran, Pa. Guyer McLaughlin Underhill ber, it became necessary to pass the twelfth amendment, Colller .Hall, }.fiss. McM.lllan Underwpod and I wish to read a little from the argument presented on Colton Hancock, N.Y. Maloney Welsh, Pa. the fioor uf the Senate in order to show to this House the Connery Hancock, N.-c. Manlove White Connolly Hartley Montet Wigglesworth high character of the debate of those days. No wonder Cooke Ifuwley Moore,Ohio Wolfenden Govemur MoNTAGUE, the gentleman from Virginia, and Coyle Hopkins Nelson, Wis. Wood, Ga. Crosser. Houston Niedringh.aus Wood, Ind. others have often spoken in the House .and reminded us of Crowe Igoe Norton, N.J. the debates of om fathers. I read for days the debates of The SPEAKER. Three hundred and eight Members have 1803 on the twelfth am·endm-ent, and the high character answered to their names; a quorum is present. of those debates seems far ahead, I am sorry to say, of On motion of Mr. Pou, further proceedings under the call what is carried on to-day. . were dispensed with. - If there had been no President of the United. States elected- Mr. GIFFORD. Mr. Speaker, I should like to ha-ve it un­ Hear this from the :Senators of the o1d days of 1803- derstood by the membership of the HC}use that I was not responsible for the roll call, but rather requested that it there would have been "Cvery reason to-- believe that -gloomy, in­ deed, w.ould have been the prospect. A long train of evils, in- should .not be made. calculable in their consequences, could hardly have failed to When my remarks were interrupted I was explaining that overspread the face of this ·delightful country. Indeed, sir, what the first part of this resolution, the so-called " lame-duck " would have been the ultimate issue it is not withln the compass of human foresight to divine. This great, this flourishing -country, section, did not appeal to me as being important enough for which at this time pours forth i.n.numerable streams of pro$erity , a constitutional amendment to be presented to the country. displaying in vast and rich variety every means of individual But I felt otherwise when it was shown us how important happiness, every means of national happiness, and every means . t· of true national glory, instead of exhibiting the present pleasing, the other matters are which are now incorporated 10 sec 1008 animating prospect, before this period might have been enveloped 3 and 4, and have to deal with the event the President elect, in dark and dismal clouds of confusion, disorder, -and political or the Vice President elect, or both die before their re- distraction. The bands of society being thus in a manner broken spective successors are named. asunder .and all the angry, tm·bulent passions incident to man left unrestrained, what fatal consequences might be expected to However, I do favor the "lame-duck" provision in the follow! What violence of party, what rage of ambition, what proposed amendment. Looking into the matter from my dreadful commotions, might be expected to agitate this then own standpoint, I would prefer not to come back here and unfortunate country! And, sir, is there a single American living lerrislate after havinocr been defeated, because I suppose I whose blood is so far chilled with indifference -concerning the t.>.. fate of this country, that he would not be stricken with awful would have to continue in my former frame of mind and alarm at the prospect of such an event-an event tending directly sometimes vote directly against the exact wishes of my con- to produce so complete a state of anarchy with all its concomitant stituents as -expressed in the election of my opponent. -su I calamities? am now in favor of that proposition. I think it is perfectly parliamentary to read the speech n is perfectly clear that nearly all the -difference of opinion of Mr. OLIVER -of New York, ma-de last yeax, during whieh he now comes on the limitation 'Of the second session, having in said on page 5981 of the REcORD: mind elections held in those years and the national eonven- Mr. Chairman, ladies .and gentlemen of the committee, I remem­ tion· every four years. For .one, I lieartily agree that there ber that when the House and the Senate were first formed, they should be .a limitation on the second session. said the House .of Representatives was like a cup into which the ·tt,1 A~ff t f th d ed coffee was -poured hot and -that the Senate was like the saucer in M Y reasons may be a l •.~.e.-u:L e.ren rom ose. a vane which it cooled off. Now time has changed that and the saucer by some others, but I .have m mmd that there 1S another has become Tabasco sauce, floor leader of the Democratic Party; but the vicissi­ without vacation. We :would set an appropriate date for tudes of his party seemed to ordain otherwise. When the adjournment each year. The idea of putting a limitation gentleman from New York complains of the inactivity of on any amendment that in the even-numbered year-now Congress, and of the House in particular, permit me to the year of the short session ending March 4-so that the remind him that he is one of the outstanding leaders of the session in that year shall not go beyond, say, May 4, seems party in control. He is an influential member of the pow­ to me repugnant ·to this pending Norris amendment. In erful Committee on Rules, and it is within his power to that event we would still have a so-called short session. It bring on the floor any legislation he deems the country re­ would extend to May 4 instead of March 4. quires at this time. I will ask him to -bring before this I herewith set forth remarks of mine in the Seventieth House the Costigan-La Follette relief bill. Is the gentle­ man for that bill? I am. I will ask him to bring before Congress: this House the Wagner construction bill to provide work The very reason that actuated the Members in the other for the unemployed. I ask him to use his influence to bring Chamber in bringing about this Norris amendment to the Con­ stitution was to do away with the obnoxious filibuster. But what before this House a plan for national unemployment insur­ do you do by this May 4 amendment? I say to the members of ance. But to date I have not seen any activity on the part the committee that you still continue the filibuster. You had of the distinguished member of the Rules Committee [Mr. presented to you the handle of a sword that would cut out the O'CoNNOR] on any of these measures. Yet he talks about filibuster, but you have failed to grasp it. I have as yet to hear a proper explanation as to why you have put the May 4 provision wasting time. I will say to the gentleman from New York in the resolution. There is no reason why you should fix the that it is up to him to bring about this activity for which limitation as of May 4. Why can you not leave that out and he has so eloquently pleaded. disregard it entirely as the Senate did? They set no limitation, and, you know, if you leave it at May 4 and there are men who In reference to the gentleman's sneering remark about the are " filibuster minded," as it were, when that day approaches they district which I represent, I am proud to represent Harlem are going to train their guns so as to conduct a filibuster and in the House of Representatives. [Applause.] I am not talk against time. But if you have the right to change the date ashamed of it. I would not refer to the gentleman's district from time to time and the session draws near to the day agreed for closing and a filibuster is brewing, then you can agree to post­ by sneering at it; but I will say to the gentleman from New pone for a week or two weeks or indefinitely the closing time, and York-- thus frustrate the plans of those who would filibuster. Mr. GAVAGAN. Will the gentleman yield? Under the proposed amendment you are blocked. You can not agree t9 adjourn beyond May 4. That becomes the constitutional Mr. LAGUARDIA. Yes; I will yield to my colleague from limitation of time for adjournment, just as now that limitation is New York. March 4. Filibusters always occur just before March 4 of the even Mr. GAVAGAN. I hope the gentleman knows I represent years. Under the proposal they will occur just prior to May 4. the better part of Harlem, New York. [Laughter and ap­ There is really no difference. If we are going to do a job, let us do the job right. plause.] Mr. TILSON. Wlll the gentleman yield? Iv"J.I. LAGUARDIA. I will say to my colleague that he, too, Mr. CELLER. I yield. represents a good part of Harlem and incidentally that he Mr. TILsoN. Does the gentleman undertake to say that we are limited now as to the time of meeting and adjournment? Did not is trying to add it to my district in the reapportionment. the gentleman hear the gentleman from Texas when he explained I will gladly accept it and will be proud to represent west thoroughly how we now have absolute power under the Constitu­ Harlem as well as east Harlem. · [Applause.] tion to meet any day within the two years? I am certain that the gentleman from New York [Mr. Mr. CELLER. Yes; but because the term of office comes to an end on March 4 of the even year• . you can not go beyond that by O'CoNNOR] will, upon 1·eflection, regret the offensive refer­ constitutional limitation. ence to one of the greatest living statesmen of this country. Mr. TILSON. Of course, we can not go beyond the period for Senator GEORGE NoRRIS is the author of this resolution. which we are elected, but we can fix any date within that period of time under the Constitution now. Like many other reforms that he has sponsored, in this in­ J..ir. CELLER. Yes; adjourn any time up to March 4, but you can stance he has labored long and patiently but always effec­ not now even turn back the hands of the clock after noon March tively. He is often subjected to abuse and always this abuse 4, as was often tried. comes from quarters who are seeking some undue advantage Mr. TILsoN. Certainly not after our term of office or our com­ mission has expired. or some special privilege and who are opposed to the bene­ Mr. CELLER. I say that should not occur; in other words, you can ficial and progressive legislation which the Senator sponsors. take away the May 4 limitation and you will do away with the I am proud to be of the same school of politics as the obnoxious filibuster. There should be no short session either to distinguished Senator from Nebraska, the author of this March 4 or May 4. Both sessions should be indefinite, as the long session is now. That is not provided in this resolution, and for resolution. Nothing that has been said by his many, many that reason I hope an amendment will be offered to strike out that enemies who do not want to see legislation to better con­ date. ditions of the people, a better administration of justice, and Mr. LoWREY. Wlll the gentleman yield? the protection of the natural resources of the country, has Mr. CELLER. I yield to the gentleman. injured or can injure this great man. Mr. LOWREY. I think I agree with the gentleman about remov­ ing this limitation of May 4, but that has been mentioned several Mr. Speaker, as my colleague from New York [Mr. CELLER] times, and I believe it ought to be said that this does give at least said, this bill is not an unimportant, insignificant bill. In­ two more months than we have now for the short term, and there stead of making it appear, as the gentleman from New York is that much advantage over the present situation. 1\fr. CELLER. Oh, yes; indeed. There is the advantage of that is endeavoring to do, that it only provides for appearing small period of time over the present condition; but I say when here in March, we will come here in January, as my col­ you have at hand the means of going further, why not take ad­ league from New York has said, it means that instead of vantage of such means? convening 13 months after the election we will convene two Mr. LownEY. Why not set the time for opening further back and give us longer than three months for the short session? Congress and a half months after the election and be able to translate has the right to do that. the wishes and the issues of the American people into legis­ Mr. CELLER. Congress is authorized to do that, except that the lation immediately after election. That is in keeping with sessions can not begin prior to December 1. true democracy. I want to warn the House to beware of [Here the gavel fell.] amendments on this resolution. If you want to bring about 383() CONGRESSIONAL RECORD-HOUSE FEBRUARY 12 a change in the Constitution and provide for the meeting We have stricken out all after the enacting clause of the of Congress immediately after election, vote down every resolution as it passed the Senate and substituted the amendment and make the passage of the resolution certain. Rutherford bill, .secti<>n 1 of which proposes that- [Applause.] The terms of the Presldent .and Vice President shall end at [Here the gavel fell.] noon on the 24th day o! January, and the terms of Senators ·and Mr. Mr. I Representatives at noon on the 4th day of January, of the years POU. Speaker, move the previous question on in which such terms would have ended i:f this article had not the adoption of the resolution. been ratified; and the terms of their successors Shall then beg~ The previous question was ordered. · Section 2 of the Senate resolution provides that- The resolution was agreed to. Mr. JEFFERS. Mr. Speaker, I move that the House re- The Congress shall assemble at least once· in every year, and such meeting shall begin at noon on ~he 2d day of January, unless solve itself into the Committee of the Whole House on the they shall by law appoint a different dayA state of the Union for the consideration of joint resolution The text of the House bill changes this to January 4 and (S. J. Res. 14) proposing an amendment to the Constitution still carries the proviso -u unless Congress by law appoints a of the United States fixing the comnieneement of the terms dit'ferent day." Now, it is on this section that it has been of President and Viee President and Members of Congress proposed, or suggested, here that an amendment may be and fixing the time of the assembling of Congress. offered to place a limiting date on the ending of that even- The motion was agreed to. numbered year session of the Congress. Accordingly the House :resolved itself ~to the Commi~e Now, such a limiting date, I feel, would be a foolish thing of t~e Whole Ho~ on the st~te of the Umon for the _eons1d- for the congress to adopt. Suppose, looking forward '20, 30, eration of ~he JOint :esolntion Continental Congress set" the first Wednesday in March first time that I am aware where we seek to amend for the next "-March 4, 1789-as the day Congress should convene second time any part of the Constitution of the United and the President should be inaugurated. It happens that States. The framers of our Constitution and the Congress the first Wednesday was the 4th of March, and for that that wrote the twelfth amendment left defects or inade­ reason Congress convenes and a President is inaugurated on quate machinery for the selection of the President. Let me March 4. There were reasons then, not existing to-day, for a call attention to this fact: If a President elect should die, if considerable period of intervention between election and he should become disqualified, and likewise the Vice Presi­ commencement of work by the new Congress. Originally dent, the United States of America would be without a Senators were elected by the legislatures; these legislatures President and Vice President. A constitutional amendment · did not convene until January or February. By the seven­ is not necessary to provide for the case of the death of a teenth amend.rilent the Senators are now elected in Novem­ party nominee before the November election. Presidential ber. Communication and transportation have greatly im­ electors and not the President are chosen at the November proved. The first House did not organize until April 2; the election. The electors would be free to choose a President, Senate on April 6. Thereafter the electoral votes were notwithstanding the death of a party nominee. This same counted. It was not until April 30, 1789, that George Vlash­ rule applies in event of the death of a party nominee after ington was inaugurated President. Now there is no reason the November el€ction and before the electors' vote. to wait until March for the convening of Congress. The But if the President elect and the Vice President elect delay now occasioned by the convening of Congress until should both die or become disabled or found disqualified be­ December of the following year often causes the expendi­ fore March 4 our country would be without a President. ture of a large sum of money. For example, we usually have Dire results would follow. The law dealing with succession 8 or 10 election contests in the House, and very often a few applies to the President, not the President elect. in the Senate. Thirteen months now intervene until Con­ Sections 3 and 4 of the House resolution provide remedles gress convenes and is ready to consider the contests. If the against the contingencies I have just called to your attention. contestant is finally seated, it means that the taxpayers of Second, if the President elect could not be determined on this country pay two men for representing that particular a count of the electoral votes, the election would be thrown district. As proposed by this amendment, Congress shall into the House. Under our present procedure we would have meet on January 4 following the election. The contested a Congress that may have been repudiated at the polls cases will quickly be decided and the rightful holder of the making the selection for the American people of a Presi- 3832 _CONGRESSIONAL ~ECORD-HOUSE FEBRUARY 12 dent for the four following years. In all fairness to the The resolution now under consideration represents many people, I say to you that the recently elected Congress years' hard work by committees of the House and the rather than the Congress which has been defeated should Senate. For nine years I have been a member -of the Com­ be the one to determine who will be Pr~sident. mittee on the Election of President, Vice President, and If the gentleman from New York, who criticized this res­ Representatives in Congress, ·which committee has juris­ olution a while ago, would take five minutes of his time to diction -of this legislation. We have studied the proposal study the measure and consider the very serious and impor­ from every standpoint. We have greatly enlarged its scope, tant points of the resolution he would not have made the and extended its provisions so as not only to eliminate the statement he made concerning it. so-called " lame-duck " sessions of Congress but to p1·ovide We have had this resolution before our committee for 10 for presidential succession in several contingencies for or 12 years. It has been before this House under able lead­ which the present Constitution has made no provision. ership, as has been pointed out by the gentleman from· Ala­ I want to say in this connection that if a resolution was bama; the Members, in my opinion, aTe ready to vote on it, ever industriously and studiously considered over a long term and it should be carried overwhelmingly. of years, and if a resolution ever came before the House in I submit and prophesy that when submitted to the legis­ what is practically a perfect form, that is, embodying the latw·es of the various States it will quickly be ratified and last and best word that could be said upon the subject in­ become a part of our Constitution; and when it does, the volved, in my opinion it is this resolution. And I hope I may safety of the American people so far as the Presidency is not be considered presumptuous in making this claim. concerned, and the security of the American people so far Some reference has been made to the author of this reso­ as placing on our statute books the will expressed by the last lution, a Member of another body of the Congress. I hold election will be assured. no brief for GEORGE W. NoRRIS, the man whose name will go Mr. JEFFERS. Mr. Chairman, I 'Yield 10 minutes to the down in history as the great proponent of the principle gentleman from Missouri [Mr. LoZIER]. embodied in this resoluti{)n, but I want te say, as I have Mr. LOZIER. Mr. Chairman, I very seriously -regret my said in this Chamber before, that when this resolution be­ inability to agree with my worthy colleague from N.ew York comes a part of the Constitution of the United states, ·as it [Mr. O'CoNNOR] in his ~x -Cathedra pronunciamento that most sur-ely will at no distant

What price la11'makersr (Prepared by Waldo Schumacker, professor of political science, University of Oregon]

Length of term Sessions Salary (years) Salary Allowances per mile for one round State I----,-----I fixed by l------;------l------.------t trip per session unless otherwise statute stated Senate House Time Limit Regular session 1 Special session

Alabama ______4 4 Quadrennial ____ 50days ______$4 per day ______------10 cents. Arizona ______2 2 Yes _____ BienniaL ______60 days ______$15 per day ______------20 cents one way. Arkansas ______4 2 ------_____ do ______do ______$1,000 for 2 years ______$6 per day------5 cents.J California ______4 2 ------_____ do ______None~------$2,400 for 2 years ______------5 cents. Colorado ______4 2 ------_____ do ______None ______$1,000 for 2 years ______------Traveling expenses. Connecticut______2 2 ------_____ do______5 months ______$300 for 2 years ______------Do. Delaware ______4 2 ------_____ do ______60 days ______$10 per day ______------$25 for supplies. Florida ______4 2 ------_____ do ______do ______$6 per day ______------10 cents., Georgia _____ -----_ 2 2 ------AnnuaL ______50 days ______$7 per day ______------10 cents. Idaho ____ ------2 2 ------Biennial ______60 days ______$5 per day ______$5; 2D-day limit______Do. Illinois_------4 2 ------_____ do______None ______$3,500 for 2 years ______------Round-trip fare weekly; $50 for stationery. lnd iana ______4 2 ------_____ do ______61 days ______$6 per day ______$6; 40-day limit ______$5 for 25 miles. Iowa ___ ------4 2 Yes ______do ______100 days ______$1,000 for 2 years ______$10 per day ______5 cents. Kansas ____ ------4 2 ------_____ do ______50 days ______~ $3 per day ______$3; 3D-day limit ______15 cents. Kentucky_------4 2 Yes ______do ______60 days ______$10 per day ______------Do. Louisiana ______4 4 ------_____ do ______do ______.do ______------10 cents per trip; not over 3 trips. Maine ______2 2 Yes ______do ______None ______$4-00 for 2 years ______$2 per day ______$2 for ten miles. Maryland_------4 4 ------_____ do ______90 days ______$5 per day______------20-cent limit; $25 for stationery. Massachusetts ____ 2 2 YPs _____ AnnuaL ______None ______$1,500 per year______------$4.20 per mile, one way. MichigAJl ______: __ 2 2 ------BienniaL ______do ______$3 per day ______$3; 20-day limit ______10 cents. Minnesota ______4 2 Yes ______do ______90 days ______$1,000 for 2 years ______--·------15 cents. Mississippi______4 4 Yes ______do ______None ______do ______$10 per day ______10 cents. Missouri______4 2 ------_____ do ______do ______$5 per day; 7o-da·y ------Traveling expenses; $30 for postage. limit. Montana ______4 4 Yes. ______do______60 days ______$10 p.Pr day ______------10 cents. Nebraska----~---- 2 2 ------_____ do ______None ______$800 for 2 years______$10; 10-day limit ____ _ Do. Nevada ______4 2 Yes ______do ______60 days ______$10 per day ______$10; 20-day limit ____ _ 10 cents; $20 for stationery New Hampshire.. 2 2 ------_____ do______None ______$200 for 2 years ______$3; 15-day limit______Traveling expensas. New Jersey ______3 1 ------AnnuaL ______do ______$500 per year ______------New :r.fexico ______4 2 ------BienniaL______60 days ______$5 per day ______$5; 30-day limit ______10 cents. New York ______2 1 ------AnnuaL ______None ______$2,500 per year------$1 for 10 miles. North Carolina ___ 2 2 ------BienniaL ______do ______$600 for 2 years______$8; 20-day limit______10 cents. North Dakota ____ 4 2 ------_____ do ______60 days ______$5 per day _____ ------Do. Ohio ______------2 2 Yes. ______do ______None ______$2,000 for 2 years ______------Round-trip fare weekly. Oklahoma ______4 2 ------_____ do ______do ______$6 per day; $2 after 60 ------10 cent.s,2 days. Oregon. __ ------4 2 ------_____ do ______40 days ______$3 per day •------$3; 20-day limit ______$3 for 20 miles.2 Pennsylvania _____ 4 2 Yes ______do ______None ______$3,000 for 2 years ______$500------35 cents weekly; $150 for postage; $50 in special session. 60 days ______Rhode Island _____ 2 2 ------AnnuaL------$5 per day ______------8 cents. South Carolina ___ 4 2 ------_____ do ______40 days ______$400 per year ______------5 cents; $5 for postage. 60 days ______South Dakota ____ 2 2 ------BienniaL------$5 per day ______------5 cents; $200 for living erpenses. Tennessee ______2 2 ------_____ do_. ______75 days ______$4 per day ______$4; 20-day limiL ____ $4 for 25 miles.s Texas ______4 None 3_ ------$10 per day; $5 after ------$2.50 for 25 miles. 120 days. 60 days ______$4 per day ______$4; 30-day limit. ____ _ Utah.------4 None ______10 cents. Vermont._------2 $400 for 2 years ______$4 per day ______20 cents. Virginia.------4 60 days!_------$720 for 2 years ______$360; 30-day limit ___ _ 10 cents. 2 :¥~:~~~I~~~i~~;=~~~~~~~~____ : _____ ll _____ do ______60 days ______Washington ______i 4 $5 per day •------­ Do.2 West Virginia ____ 4 2 ------_____ do ______Do. 2 Yes ______do ______60 days •------• $500 per year------Wisconsin ______4 None. _. __ ------$2,400 for 2 years ______------Do. Wyoming ______4 2 Yes ______do ______40 days ______$12 per day ______-----·-·······------Do.

:In States paying on a yearly or biennial basis, the salary per year is shown if annual sessions are held. '£he salary for 2 years is shown if sessions are biennial. :An attempt to increase the stipend through an allowance for incidental e~enses was held unconstitutional. :Divided session; first part limited to 30 days. •A proposal to increase the salary was defeated by the voters at the last general election. 'Session may be extended: In West Virginia by two-thirds vote in each house, in Yirginia by three-fifths >ote in each house for not more than 30 more days. 3836 CONGRESSIONAL RECORD-HOUSE .FEBRUARY 12

Mr. GIFFORD. I yield t~ gentlenmn from Wisconsin been influenced by expectations of favors to come from the one additional minute that I may ask him a question. White House. Remarks have been made dir.ected to the point that if Second. It is also during th~ so-called "lame-duck" ses­ these amendments are carried the resolution will be defeated. sion that the filibuster flourishes. It is also during this Is it a fact that if the amendment is not incm·porated that session that the undemocratic cloture is made use of to jam we may not get two-thirds vote for the resolution itself? measures through Congress without adequate debate or Mr. FREAR. Every gentleman who has risen in his place, understanding. I believe, and made remarks about the resolution has said, Mr. WARREN. Will the gentleman yield? if I remember correctly, that he would vote for the resolu­ Mr. CARTWRIGHT. I yield. ti-on whether the amendments were there or not. There Mr. WARREN. The gentleman says that this resolution may be those who would not. will do awa-y with filibustering. I call the gentleman's at­ Mr: BANKHEAD. Will the gentleman yield? tention to the fact that there have been good filibusters and Mr. FREAR. I yield. . bad filibusters. Mr. BANKHEAD. Is it not the gentleman's conception Mr. CARTWRIGHT. I admit that. But one of the main that the really material part of this proposed amendment, purposes of the amendment is to do a way with the short as far as the "lame-duck" feature .of it is .concerned, is in session. By so doing it increases by a big percentage the making the terms of Members of Congress begin just a chances of legislation being given the fullest consideration few monthS after election? and being decided by representatives who are fresh from Mr. FREAR. Yes. the people and who look directly to the people and nowhere Mr. BANKHEAD. And the amendment that may be pro­ else for their reward. posed does nut go to the very essence <>f 'the proposition? Third. Under this amendment eaeh Congress would or­ Mr. FREAR. Well, I believe the resolution does -and meets ganize itself. At present the dying Congress provides by the present .difficulty it is intended to remedy. caucuses the offices and organization for the newly elected Congress. A dead Congress seeks to -control the machinery [Here the gavel fell.J of a Congress that is yet to come into being. The proposed Mr. JEFFERS. Mr. Chairman, I yield five minutes to the amendment would put a stop to that undemocratic practice~ gentleman from Oklahoma LMr. CARTWRIGHT]. Fourth. This resolution should pass -because it has received Mr. CARTWRIGHT. Mr. Chairman, .as a member of the the approval of the American Bar Association and of a great committee that brought out this resolution, I want to say I many farm, labor, and women's organizations. The press have given it some study. While it has been changed a throughout the whole country is for it. I do not know of little, it is essentially the Norris amendment. I introduced anybody m· group that is openly against it, and I believe the same resolution in the last Congress, but, of course, such the States will vote a ratification of the proposed consti­ bills get the name of the chairman. This has passed the tutional amendment at the first opportunity. [Applause.] Senate several times, and this will be the second time to pass Mr . .JEFFERS. Mr. Chairman~ I yield 10 minutes to the the House. So, after years of fighting and agitation, I be-· gentleman from Virginia rMr. MONTAGUE]. [Applause.] lieve the " lame-.duck " Congresses with legislation by men Mr• .MONTAGUE. Mr. Chairman, I have never seen the who have been repudiated by their people is near the end. It necessity of this legislation. I have felt that to embark should have passed years ago. upon amending the Constitution in order to meet the presi­ Senator NoRRIS is to be congratulated for his fight. For dential aspect of this Tesoiution was too nebulous and too a long time be has been crying in the wilderness, but I be­ obscure and might involve us in more difficulties than we lieve the American people have been with him all the time. are now in. I doubted our wisdom and capacity to bring in Mr. Chairman, lf nothing further were to be accomplished any .amendment that woulcl meet the difficulties .that no­ by the amendtnent than to .do away with the absurdity of body can foresee, but which will develop in time in connec­ electing Members of Congress 13 months bef-ore they are tion with the election of a President if it should fall into allowed to beoome full-fledged Congressmen, that alone this House. But can not I say, as some consolation to those would be enough to justify prompt action on -our part. with whom I agree on this subject, that we have .not been There was some justification for such a provision in the hurt by the present practice? What President has this days of the ox cart and tar bucket, when the average rate House elected, "lame...Q.uck" Congresses or brand new Con­ of travel was 5 or 6 miles an hour; there is none to-day in gresses? Was not Thomas Jefferson elected by a ·"lame­ this wonderful age of scientific achievement and .material duck" Congress? Is ther.e .any large public sentim.ent in progr.ess---the age of flying ma-chines and fast automobiles. America which regrets that election? Was not John Quincy In times like these it is a travesty on democratic government Adams elected by .a" lame-duck" Congress? Our Republican to elect Representatives to serve the people in the trans­ friends, I am sure, do not regret the election of Mr. Jefferson action of business of vital importance and then not allow or Mr. Adams. [Applause.] them to begin that t5ervire for mare than a year. 'Think o1 I now leave that aspect of it, with the repetition, if you engaging anyone to begin work more than a year hence. please, that the game is not worth the candle; that a con­ Imagine a farmer buying -seed or work animals or imple­ stitutional amendment is too big a weapon to wield in order ments and not be .allowed to use them for more than a to -achieve the small results -contemplated by this resolu­ year. Imagine a bank electing cliTectors to do nothing but tion. watch other directors transact .the business for over a year. Let us go back a bit. What is the source of this legisla­ Fellow Members, nowhere except in the United States a1·e tion? What is the cause of th1s 1egislation? I think "lame­ the elected representatives of the people put into a political duck Members " is a capitalistic terminology to destroy the morgue and kept there for over a year before they can usefulness of the legislative br.anch of our Government, take action. For generations it w.as our .boast that in Amer­ which is the -desire of some people. It is unfortunate that ica we had established a government "" of the peuple, by the the election of Members and the service of Members should people, and for the people." To-day the Government of be at times so far -separated. I do not undertake to justify England and several other governments are far more re­ that; but if that is the trouble to be cured, I ask you why sponsive to the will Qf the people. go to a constitutional amendment to remedy it? Why have First. This amendment will free Congress of the dead we .stoud here .all these years, with a constitutional _principle hand of the so-called"' lame du-ck." Df -course it is no dis­ and provision in the existing legislative power for immediate grace to be a "lame duck," but tney have been "crippled," exercise? We have an existing concrete remedy in the Con­ their responsibility to the people has been lessened, they stitution itself. I will read the section of the Constitution which supports have been rejected by the peopl~yet they often hold the balance of power in both Houses, and so have it in their this eontention: The Congress shall assemble at least once in -every year, and power to decide matters of the greatest importance to the such meeting shall be on the first Monday in December, unless Nation. It is well known these "lam-e ducks" have often they s:f?.all by law -appoint a dtll'erent day. 1932 CONGRESSIONAL RECORD-HOUSE , 3837 That is as plain as a pikestaff. That is as plain as your Mr. MONTAGUE. ::. ~am Lincoln ·was, also. hand. bef?re your eyes. Having that p~wer. why do we not I have observed some ;?t'h~~;en in the House after their exerciSe 1t rather than to pursue the crrcmtous route of a defeat, and I ask you ..to remember this if you forget every­ constitutional amendment in order to cure some imaginary thing else I may saf. They have one factor of legislative difficulties, especially as relating to the presidential elec- equipment; they are free from the hope of reward or the tion? fear of punishment. [Applause.] They live, I ~epeat, in Mr. TILSON. Will the gentleman yield? an atmosphere of legislative calm. They are free and inde- Mr. MONTAGUE. Yes. pendent legislators, and it is well for us to have a small class Mr. TILSON. As a matter of fact, during the period im-- of men of this character in this House who after the storm mediately following the Civil War did not the Congress, by of battle will stand up and vote with the future not in view. statute, appoint the 4th of March, or soon thereafter, for Mr. LOZIER. Will the gentleman yield? the meeting of each succeeding Congress, and for about six Mr. MONTAGUE. Yes. years this was the law, until the passions of the Civil War ~ Mr. LOZIER. Admitting the high character of some had somewhat cooled, when the law was repealed and Con- " lame-duck " Representatives, does the gentleman think it is gress went back to the original provision of the Constitu- a sound and wholesome policy for a man who has been tion regarding the meetings of Congress, from which no repudiated by his constituents to come back and enact leg- subsequent Congress has departed? islation against their will-is that Americanism? Mr. MONTAGUE. I thank the gentleman for the sugges- [Here the gavel fell.] . tion. I did not intend to go into any complete history of Mr. JEFFERS. Mr. Chairman, I yield the gentleman five this. However, I couple his suggestion with the observation additional minutes. that war, civil or otherwise, always wrenches governments . Mr. MONTAGUE. Suppose a man is defeated in the out of their sockets, and it takes a long time to outlive the primary? Do you think we should get rid of him and never · evils that war brings upon us. I say we now have this allow him to run for office again? power. If I had my own way I would not rush a Congress Mr. LOZIER. That is not the question. here immediately upon its election. I am not afraid of the Mr. MONTAGUE. The same principle is involved. words "cooling time/' I would bring them quicker than Mr. LOZIER. Does the gentleman think it is American- now provided for, but I would give them some time to make ism, Democracy, or Republicanism to allow a man who has physical preparations to come here to discharge their duties, been rejected at the polls, and his policies repudiated, to and I would give them some time to get free of the atmos- come back and have 13 or 14 months' time in which to legis­ phere of partisanship, which is the most insidious disease late and to put into effect those same policies? any of us possesses, and those who possess it most think they Mr. MONTAGUE. I would not give him 13 or 14 months. possess it least. [Applause.] Mr. LOZIER. Well, he has them now. Mr. GIFFORD. Will the gentleman yield? Mr. MONTAGUE. I do not say that I would not make a Mr. MONTAGUE. Yes. change, but I say we have ample power now to change that. Mr. GIFFORD. The gentleman says that this could be Mr. O'CONNOR. Will the distinguished gentleman from done by law rather than by constitutional methods, but does Virginia yield? not the gentleman recognize that we could not well get rid Mr. MONTAGUE. For a question; yes. of the" lame-duck" session at which the votes for a Presi- Mr. O'CONNOR. If the argument of the gentleman from dent might be cast, except through this constitutional pro- Missouri [Mr. LoziER] were carried to its logical conclusion, vision? after election day, on the first Tuesday after the first Mon- Mr. MONTAGUE. If the gentleman will recall I stated day in November, the President should not be entitled to that the only instances in which we did not get rid of them function any more. That. is the gentleman's theory. - we eleeted. Jefferson and John Quincy Adams. Mr. LOZIER. The President can not enact legislation. Mr. PARSONS. Will the gentleman yield? Mr. O'CONNOR. The theory is that because a man is Mr. MONTAGUE. Yes. ?efeated in election he is going to sacrifice his Government Mr. PARSONS. Under the present arrangement, could lS not good 4mericanism either. . . the Congress enact legislation that would permit the Mem- Mr. MO!fTAGU~. I ask now not to be. mt~rrupted until bers elect to elect a President and the Members elect of the I have finished this thought. I would brmg, if you please, senate to elect. a Vice President in case the President elect the legislators elect into the discharge of their duties sooner or the Vice President elect sh~uld become disqualified in than they now come, but I am simply arguing that it is a any way? mere bu~aboo to say that what we have been doing all these Mr. MONTAGUE. I have not thought of that sufficiently years Wl.ll now sudden_ly destroy the country, and I have or maturely to give the gentleman an opinion been trymg to emphasiZe the fact that when men are free Mr. PARSONS. That is the only virtue or the only advan- from any ulterior consideration, if they have any patriotism tage in this proposition. or any character whatever-a:n~ many men have been de- :Mr. MONTAGUE. I think s . b t I I think th t feated who had as much patnot1sm and as much character . 0 • .u .' as say, . a as those who were not defeated-these men are then freer t0- 18 very attenuated and very negllgible, and the Instances exercise their attributes of statesmanship and to exercise we have had have not proved harmful but have proved therr· pnn· · f tri ti h' hI th beneficial to the American people. ClP1 es o pa o sm, w lC am sure ey poss~ss, . than many of us who stand here day by day crowded With Now, about Congress. I have bee? here a good, long while. letters, oppressed with propaganda, hardly able to find 10 I hav~ seen so~e of the. most emment men go. We .seem uninterrupted minutes in any day in which to study any to think that if a. man ~ defeated f?r dongress he IS no governmental subject, with department work which makes longer fit for public serv~ce or a~thing else; t~at he has almost every Representative a slave, with all the modern ~uffer~d some ~last to hiS reput~t10n, and he lS suddenly appliances of American ingenuity and mechanism, if you me~~1ent ~nd mcompete_nt to discharge an.y public trust. please-telegraph, telephone, and what not-to press and Th1s IS_ a VIolent assumption and the record lS full, and the press and drive us on to a conclusion which sometimes if proo~ 1s ample, }o the con!:"ary. Representative. Willi_am we were independent, we know we wotDd not do. so I h~ve McKinl~y was a lame-~uck and came back to thiS Ca~1tal seen some of these so-called "lame-ducks," if I may repeat as President of the Umted States [applause], and I might an expression which I did not intend to use when I did use it name rna~ others who have come back to this Capital, I have seen them run farther and fly farther than they did not as President, ~ut have come ba~k to the Senate or l}~ck before they ever were injured. [Laughter and applause.] to ~~e House agam or to the Cabmet or some other high I desire to pay my great respect to the gentlemen who position. have brought forward this bill; they have labored diligently, _Mr. B~KHE~. Champ Clark was a "lame-duck," I intelligently, and ably, and the House, I am sure, gives full Will remmd my fnend. credit to them. LXXV-242 3838 _CONGRESSIONAL RECORD--HOUSE ~EBRUARY 12 Now, one thing further. My esteemed friend from Wis- House. -We also had a brilliant oration on Abraham Lin­ consin [Mr. FREAR] made some comparisons. There is no coin by the gentleman from Tilinois [Mr. CHIPERFIELD]. and possible analogy between this system and the English sys- he told us that Lincoln talked faith and courage as Henry tern. This is to save the President in an emergency. Their Ford does to-day. Government does not have a President. They hare one ruler I think in view of these developments and the fact we are in the form of a King. discussing a change in the model of our laws, tbe Constitu- Their whole system for years has been a cabinet system, tion of the United States, it is pertinent to announce that picked from a legislative body. If it is not sustained by the the newspapers of the country in prominent headlines to­ house or the chamber or the parliamentary institution day call attention to precedents in changing models, and under which they function, they go out and enter upon an- to the fact that the foremost American business man, Heru·y other election. It is pretty near a democracy. Ford, has enlisted on a vast business program and a crusade After the revolution in the seventeenth century, they came to help cure this depression which the gentleman from New out a limited monarchy. After our Revolution in the eight- York has brought to our attention. eenth century we came out a limited democracy. Mr. Ford is gambling on better times by getting out a new Mr. FREAR. If the gentleman will pardon me, I had ref- model 8 car. erence to the parliamentary situation. The whole automobile industry itself was already enlisted Mr. MONTAGUE. I appreciate that; but it is not anal- in a great gamble. It is the only industry to-day in the ogous to the proposition that now confronts the House. United States -that dares to teach and preach and act [Applause.] _ optimism. Other industries are yelling for Government aid [Here the gavel fell.] for money or for tariffs, and so forth. Mr. GIFFORD. Mr. Chairman, I yield five minutes to the A change in 218 auto models means the expenditure of gentleman from Connecticut [Mr. Gossl. millioris of dollars for machinery alone, in the junking of Mr. GOSS. Mr. Chairman, I had not intended to speak practically new machinery and installing still newer rna­ on the bill to-day, but inasmuch as so much has been said chinery. about the Longworth amendment I want to take time to Wall Street has been perked up by this news that was read it. It is as follows: given to the country yesterday by Henry Ford, on the birth- SEC. 2. The Congress shall assemble at least once in every year. day anniversary of his old friend, Thomas Edison, for Wall In each odd-numbered year such meeting shall begin at noon on Street sees great aid to labor, to raw materials, and to other the 4th day of January, unless they shall by law provide a differ- industries. Mr. Ford, himself quite an aged man, has been ent day. In each even-numbered year such meeting shall be on working with his coat and vest off and in his shirt sleeves the 4th day of January, and the session shall not continue after noon on the 4th day of May. for several months to get out his new model. This means much to my State but also much to the whole I remember when the late Speaker came down into the 48 states in which there are subsidiary agencies, factories, ~ell of the Ho~se ~nd ~aid that he des~ed to call ~ur ~tter;- and branches. The news is so great and wonderful that it t10n ~o wha:t I~ hiS mmd wa:s a funaamental obJect~on "0 should give some satisfaction to anxious Members of the the bill, which ~ the same bill w.e h~ve to-day, an~ m the House, because not only is the Ford Co. putting on tens of same form. This fundame~tal obJection wa:s that this would 1 thousands of workmen and buying hundreds of millions of allow the Congress to be m perpetual sessiOn, and that he dollars' worth of raw material, but also the Hudson, the felt the Congressmen should be able to .go hom~ and have Packard, the Graham-Paige, the Hupp, the Chevrolet, and some fo~r months to pr~pare for the commg el~ctlOn. other General Motors companies are employing many more That IS my own feelmg. I want to see this amendment men and buying vast quantities of -steel lumber glass adopted. It is very simple. I happen to be on a co~ittee rubber, cloth, copper, and so forth. ' ' ' where other members do not want to report o~t a bill be- About two years ago the President called in the leaders of cause .a gentleman a~ the other end of the capital does not the automotive industry and told them that they repre­ want It to come out m that way. sented the key industry of the country and if they started This same gentle~an is telling us, in the bill s~nt over work on a great scale all the country ~auld benefit and a here for. us to c?nsid~r, that he does not want this House general revival would result. to hav~ ~ts. w~y ~ thi~ matter. . They told the President that their surveys indicated to I thlilK 1t Is high tune. tha~ the ~ouse shou~d act. mde- them that the people could not buy the cars, and that they pendently and do what It WIShes m the consideratiOn of would lose a great deal of money if they did turn their these ~att~rs regardless. of what the other body may do wit~ factory wheels on a large scale. They turned them, never­ the legislatiOn. In my JUdgment, we ought not to pass this theless as a patriotic measure on the insistence of the bill without the amendment, and thus become subservient Presid~nt, and they took losses 'of millions and millions of to the Senate. [Applause.] dollars. Mr. Chairman, I yield back the remainder of my time. But now they are riding forth majestically again on Mr. GIFFORD. ~:Chairman, I yield five minutes to the another great gamble. gentleman from Michigan [Mr. CLANCY]. Mr. Ford has asked those who control the raw materials Mr. CLANCY. Mr. Chairman, the gentleman from New not to raise the prices of the raw materials to the manu­ York [Mr. O'C01'4"NOR], during the discussion of the ruie, re- facturers, because that will throttle the patriotic effort. We, minded the House of its pressing duty to always keep in as Members- of Congress, were also incidentally asked by mind the relief of unemployment and the distressed people these men and by Mr. . Ford's own representative a couple of of this country. That precipitated a rather humorous de- weeks ago to give.the auto industry a chance to get out of ­ bate between, among others, " the two gentlemen from the " red " and aid all industry without a crushing handicap Harlem,":-Mr. GAVAGAN and Mr. LAGUARDIA-but they did of additional sales taxes. The Ways and Means Committee not inform the House of the all-important question, and we was implored not to place upon them an increased burden are still waiting to hear which of those gentlemen represents of taxation which would throttle their glorious endeavor, for the two famous Americans-"Amos 'n' Andy," of Harlem. the industry is already overtaxed. May the House have Of course, .we Members of Congress are but doctors or mercy, for mercy is wisdom in this case. physicians in taking care of or curing the country. We can [Here the gavel fell.] give the people medicine-that is, a law-but the vitality of Mr. GIFFORD. Mr. Chairman, several members of the the patients-the people of the country-and their virility committee have asked if this debate would continue after are the main things. In the last analysis the people must to-day. I would like to ask the chairman or anyone in - help themselves. charge when this debate is supposed to continue? To-day has been a rather noteworthy day ·on the floor of Mr. JEFFERS. It will go on to-morrow, and the bill is this House in that Mr. Winston Churchill, one of the strong supposed to be finished to-morrow up to the point of a vote. men in the World War and one who helped England to go That is the agreement, as I understand it. Debate is con­ through the postwar period, has been on the floor of the tinued, and the vote is to be taken on Tuesday. 1932 CONGRESSIONAL RECORD-. HOUSE 3839 Mr. GIFFORD. May I inquire about what time we intend Congress could easily discharge all of its duties by the 1st to close the debate to-day? of June unless some emergency should arise that would Mr. ~FFERS. I think all gentlemen who have asked for require a longer term. time and who are here present should be given an oppor­ Section 2 provides as follows: tunity to ..speak to-day. The Congress shall assemble at least once in every year, and Mr. GIFFORD. · I suppose the gentleman would be willing such meeting shall begin at noon on the 4th day of January, to have an understanding that we would not sit longer than unless they shall by law appoint a different day. 5 o'clock? Under this provision of the Constitution the Congress Mr. JEFFERS. As a matter of fact, the leadership very would not be required to forever meet on the 4th of Janu­ much desire to have general debate finished to-day, if pos­ ary, but could, if after discussion thought wise, cha.nge the sible, and we will run along as long as it is necessary to time of meeting to a different day in the year. conclude that. As the Constitution now is the meeting day is fixed bY Mr. GOSS. When does the gentleman expect to go under the Constitution and Congress can not change it. the 5-minute rule? Section 3 provides as follows: Mr. JEFFERS. To-morrow, as soon as we arrive at that If the President elect dies, then the Vice President elect s~ll point. become President. If a President is not chosen before the trme Mr. GOSS. There may be a vote if there was a motion fixed for the beginning of his term, or if the President e~ect fails to qualify, then the Vice President elect shall act as President until made to recommit. a President has qualified; and the Congress may by law provide Mr. JEFFERS. Well, we will only go to the previous for the case where neither a President elect nor a. Vice President question to-morrow afternoon. elect has qualified, declaring who shall then act as President, or the manner in which a qualified person shall be selected, and such t Mr. HASTINGS. When will the three hours' general de­ pact of Congress who shall also fixing the time of the assembling of Congress. be selected in cases of this kind and which might arise at It was my privilege to serve on the Committee on Elec­ any time. tion of President, Vice President, and Representatives in The last section, section 5, simply provides that sections 1 Congress for the first two years of my service in Congress, and 2 shall take effect on the 30th day of November of the and we had before us this proposed amendment to the Con­ year following the year in which the article is ratifiedr stitution of the United States and conducted hearings and This amendment has been freely . referred to by the drafted in practically the identical words contained in this press and others as the 41 lame-duck amendment." Under proposed substituted amendment the amendment that is the present Constitution when a Representative in Congress proposed to be adopted in lieu of the Senate joint resolution. is elected unless there is a special session called by the I heartily agree with the sentiment expressed by many President' about 13 months elapse before he can act for his on the floor of this House and in the press that the Con­ people who elected him to represent them in Congress. Con­ stitution of the United States should be amended only when ditions of this kind should never have existed. When peo­ it became absolutely necessary for the same. The neces­ ple elect their Representative to Congress on important is­ sity for the change as proposed in this amendment to the sues the issues should be considered at the earliest possible Constitution is so plain and urgent that there should not in order that these issues may be enacted into law be any opposition to it whatever on the floor of this House. mo~ent · Practically this identical joint resolution was passed by the by Congress, if Congress thinks wise to do so. At .least. the people are entitled to hearings at the earliest possible time. House in its last session with one amendment, known as the Longworth amendment, which ·limited the short term of As stated by the committee in its report, a serious emer­ Congress to four months. I supported that amendment be­ gency would exist in the event of the dea~ of th~ President cause I thought that there should be a limit of time placed elect or both the President elect and VICe President elect, on the short session. But I am going to support this reso­ for the present Constitution contains no applicable provision, lution without any amendment to it in order that there and the following situations are possible: may be no question of it being accepted by the other body. (1) A party nominee may die before the November elec~ions. (2) A party nominee may die after the November electiOns and Section 1 provides: before the electors vote. The terms of the President and Vice President shall end at (3) The President elect may die after the electors vote and noon on the 24th day of January, and the terms of Senators and before the votes are counted. Representatives at noon on the 4th day of January, of the years in ( 4) If the election of the President 1s thrown into the House, which such terms would have ended if this article had not been one or more of the three highest may die before the House ratified, and the terms of their successors shall then begin. chooses. (5) The President elect may die before the date :fixed for the Under the law that we have now we meet on the first beginning of his term. Monday in December, and the day fixed for adjournment (6) The Vice President elect may die. (7) If the election of the Vice President is thrown into the by the Constitution is fixed as March 4 for the short session, Senate, one or both of the two highest may die before the Senate and by the time the Congress is organized the Christmas chooses. . holidays are on, and then there is usually an adjournment (8) Both the President elect and the Vice President elect of two weeks, and there is practically nothing done by Con­ may die. gress until they reconvene after the holidays in January. When this proposed constitutional amendment is adopted So this would eliminate that expense of holding Congress by Congress and ratified by the States every emergency that in session during the time that very little or nothing is could arise could be taken care of by act of Congress. usually accomplished. It is my hope that this constitutional amendment may Beginning with the 4th day of January Congress will receive the unanimous indorsement of this Congress. [Ap­ have ample time for the completion of all its work, and plause.] 3840 CONGRESSIONAL RECORD-HOUSE .FEBRUARY 12 Mr. GIFFORD. Mr. Chairman, I yield 10 minutes to the five minutes, but those 'Army mules cost the Government gentleman from Pennsylvania [Mr. STOKES]. · $200 apiece." Mr. STOKES. Mr. Chairman, on this anniversary of the Many are the stories that are told of his wit, humor, and birth of Abraham Lincoln, who has justly been called the kindly sarcasm. But I will recall only one to-day about most American of all Americans, it is a pleasure to briefly General Grant, who always found plenty of critics to urge review a few of his words and catch the trend of his 1 the President to oust him from his command. They repeated thoughts, for his great achievements have filled with admi- the gossip that General Grant drank. ration not only America but the entire civilized world. "What does he drink," said the President. He was a Member of this House for two years and during "Whisky, of course," was the reply. the term made numerous speeches on various topics, which "Just find out what brand he uses and I will send a · bar- he illustrated with humorous stories, which kept the House rei to each of my other generals," answered the President. in roars of laughter. Mr. Choate said: He was a deep student of the works of the founder of He led public opinion, but dld not march so far in advance of our country and of those principles which were embodied it as to fail of its effective support in every great emergency. He knew the heart and thought of the people as no man not in in the Declaration of Independence and .the Constitution. constant and absolute sympathy with them could have known it, He made it his duty to fight with all his might against and so holding their confidence he triumphed through and with anything he believed to be an infringement of the blessings them. of liberty as stated in the Declaration of Independence or The rough backwoodsman, who had never seen the inside of these self-evident truths--that all men are created equal of a university, became in the end the master of the finest and that they are endowed by their Creator with certain literary style. inalienable rights-life, liberty, and the pw·suit of happi- Loyal, strong, and brave, ness. Type of the plan, On his way from Springfield to Washington to assume his Great nature offers When God builds a man; duties as President, he was invited by the citizens of Phila- Great fame, great aim, great soul · were thine, delphia to raise the :flag of the United States over old In- A chosen vessel for a task divine. dependence Hall. On this occasion he said: [Applause.] I have never bad a feeling, pollttcally, that did not spring from Mr. JEFFERS. Mr. Chairman, before yielding further the sentiments embodied in the Declaration of Independence. I have often pondered over the dangers which were incurred by time I wish to state that we are anxious to finish the debate the men who assembled here and framed and adopted that on the pending measure this afternoon. So far as this side declaration. I have pondered over the toils th-at were endured by of the House is concerned, we have all our time allotted the officers and soldiers of the Army who achieved that inde- pendence. · and the gentlemen are here to use it. I would advise the I have often inquired of myself what great principle or idea ranking minority Member to let his speakers know about it was that kept this Confederacy so long together. It was not this, so if they are not present at this moment they can be the mere matter of separation of the Colonies from the mother­ advised that they must be here so that we may finish the land, but that -sentiment in the Declaration of Independence which gave liberty, not alone to the people of this country, but debate this afternoon if possible. hope to all the world, for all future time. It was that which gave Mr. GIFFORD. Mr. Chairman, in reply to the gentleman promise that In due time the weight would be lifted from the I will say that I have requests for the full amount of time. shoulders of all men and that all should have an equal chance. This is the sentiment embodied in the Declaration of Inde­ One Member is sick and two other Members insist on going pendence. on to-morrow morning and have informed me they will doubt the presence of a quorum if it is insisted that they President-Lincoln wisely called about him the best minds ga on now. In any event, we have got to stay here until that were available in the country, among whom were Se­ 6 o'clock if we use up all the time . . i have other speakers ward; Chase, whom he later appoi.Iited Chief Justice; and that can use the time. Stanton; most of whom were his political enemies, but he Mr. R_Al\JISEYER. Mr. Chairman, will the gentleman yield always put the Nation's interest before his own feelings. to me? While he was a lawyer by profession, he became deeply Mr. GIFFORD. I yield. interested in politics and the important questions of the Mr. RAMSEYER. There are some proposals of a serious day. · nature that ought to be discussed, and they ought to be It was in this field that he made his great impression on discussed when there are more Members here. The gentle­ the pepple of the State of Illinois. man, of course, knows that I shall endeavor to incorporate It was his reputation for rugged honesty, courage, intelli­ an amendment known as section 6 in the concurrent reso­ gence, patience, perseverance, and fair play, combined with a lution that passed last year. He1·e we are with only a few great capacity for hard work, which so effectively inspired dozen Members present. It seems to me that when a con­ the people of his State to present his name as a candidate for stitutional amendment is up for consideration we ought to President of the Republican Party in 1860. He was previ­ have the Members here, and it was thought that some of ously comparatively unknown, but he had engaged in a the time for general debate would be saved for to-morrow series of debates with Senator Douglas in 1858, which and we could then have plenty of time to consider the few brought him prominently before the country. amendments in an orderly way. At 51 years of age he found himself elected President of With respect to making speeches for the RECORD, I am not the Republic. interested. When time is allotted to me I want to make In the words of Emerson- an argument to the membership of the House on an impor- He grew according to the need; his mind mastered the problem tant amendment. · of the day; and as the problem grew, so did his comprehension · Mr. JEFFERS. I might suggest to .the gentleman that if of it. In the war there was no place for holiday magistrate nor we finish general debate t~ afternoon we will have a better fair-weatber sailor. The new pilot was hurried to the helm in a opportunity for discussion under the 5-m.inute rule to­ tornado. In four years-four years of battle days-his endurance, his fertility of resource, his magnanimity were sorely tried and morrow, whereas if we consume time to-morrow in general never found wanting. There, by his courage, his justice, his even debate that will cut down our time under the 5-minute rule. temper, his fertile counsel, his humanity, he stood a heroic figure Mr. RAMSEYER. Well, it will not be a lot of time. It in the center of a heroic epoch. will probably be · 40 or 50 minutes to finish the general de­ He had plenty of common sense, and desired just as we do bate, and then the Members will be here and it will just to-day to reduce expenses of government, as illustrated by save that much time under the 5-minute rule. the following story: He was shown a telegram from the War Mr. JEFFERS. Forty or fifty minutes at the beginning of Department to the effect that the southern army had cap­ the day usually runs into an hour or so. I think it would tured a brigadier general and 12 Army mules: "I don't be wise to finish general debate this afternoon, which will mind the brigadier general," he said.- " I can replace him in give us an entire afternoon to-morrow for consideration and ·1932 CONGRESSIONAL RECORD-HOUSE 3841 discussion under the 5-minute rule, when amendments can of those who framed the Constitution; for they provided be offered. ways of amending it. Although they could not possibly have Mr. LOZIER. Will the gentleman yield? foreseen the tremendous changes which time has wrought, Mr. JEFFERS. Yes; certainly I yield to my colleague. they were wise men who realized that the changing condi­ Mr. LOZIER. I may say that I recognize that the gentle- tions of the years to come would require changes in the man from Iowa [Mr. RAMSEYER] has an important amend­ fundamental law of the land. It must also be remembered ment, an amendment which I think should be presented that the Constitution was, at least in some of its provisions, when we have as full a membership of the House as pos­ the result of compromises. Then as now men differed in sible here. · May I make this suggestion? I think it will their viewpoints with reference to government. be the disposition of the majority, when the gentleman Apparently that fundamental difference of viewpoint, comes to offer his amendment, to have sufficient time, and wherein some of our people believe that government exists I am quite sure the House will give him ample time to pre­ for the benefit of the privileged few who alone are qualified sent his amendment and not hold the gentleman down to to decide the policy to be pursued, while others cling to the the rigid requirements of the 5-m.inute rule. view that government exists for service to the masses and Mr. JEFFERS. Why, yes, of course; I shall assist the that the people as a whole are competent to govern them­ gentleman along that line. Now, Mr. Chairman, at this time selves, has always existed. That difference of viewpoint is I yield five minutes to the gentleman from Colorado [Mr. in evidence in various debates of the constitutional conven­ TAYLOR]. tion; it exists to-day. Those who believed in popular gov­ Mr. RAMSEYER. Does the gentleman think we ought to ernment, in the ru1e of the masses, then as now maintained go on with general debate with the few Members we have that even though the people in the exercise of their rights might make mistakes, they had a fundamental right to. do here now? so, for in that way alone could they best learn the fimc­ Mr. JEFFERS. I intend to give to the gentlemen who are tions of government and, profiting by their mistakes, more here present and who have patiently waited for their time wisely direct the course their government should pursue. to speak the opportunity to . be heard. However that may be, our country has adopted 19 amend­ Mr. JEFFERS. Mr. Chairman, I yield 10 minutes to the ments in the manner provided for such changes by the gentleman from Nebraska [Mr. NoRTON]. Federal Constitution since its adoption. Five additional Mr. NORTON. Mr. Chairman, ladies and gentlemen of amendments, I believe, have been submitted by Congress the House, when a resolution similar to the pending Norris which have not been ratified by a sufficient number of resolution was being considered by the House four years ago, States to become a part of the Constitution. Of the 19 I had the privilege, as a member of the committee which amendments ratified, the first 10 were submitted by the first had framed the resolution, to speak in its support on the session of the first Congress. In fact, several of the Colonies floor of this House. I am equally grateful for the oppor­ had ratified the Constitution with the distinct understand­ tunity now afforded to urge favorable consideration of this ing that the first session of the first Congress would submit proposed constitutional amendment. those 10 amendments, which since have become known as It is easy to understand the causes which were mainly re­ the "bill of rights." sponsible in the writing of the constitutional provision which Therefore, in the last 145 years the Congress has sub­ this measure seeks to amend. Since conditions have veri mitted, and the required number of States have ratified, only materially changed since that time, those causes no longer nine additional amendments to the Constitution. It has exist. Then why continue a provision of the Constitution been with caution that Congress has submitted amendments, which is not in harmony with the conditions and require­ and it has been with equal caution that the legislatures of ments as we find them to-day? To be more specific, if we the various States have ratified them. That is as it should did not have our modern means of communication, if we be. But there may be times when that caution may be car­ had no telegraphs, no telephones, no radios, and no fast-mail ried too far, when the exercise of it may defeat the will of service, we would be compelled to wait, as they were in those the people and prevent changes which the people demand. days, for weeks before the result of an election in one part To further delay the submission of the pending resolution of the country could be known in another part thereof. As would, as I view it, be a case of that ·kind. then, it would take considerable time to gather the election What are some of the benefits to be realized in the event returns in order to determine the result. Even after the of the submission and ratification of the pending resolution? result had been ascertained, it would take time for that In the first place, it would provide for the assembling of the information to become generally known throughout the Congress and the inauguration of the President and Vice country. If conditions were now what they were 145 years President in January following their election. The amend­ ago, we would not have our present system of good roads-, ment to the resolution which is proposed by the House but would have roads that would be almost impassable; committee would also provide for the election of a President there would be no automobiles, no train service, no air­ in certain emergencies. In the brief period of time which planes, and we would be compelled to rely on the stage­ has been allotted_me I shall speak only with reference to coach and the saddle horse for our travel. Under such con­ that part of the resolution which provides for the elimina­ ditions it would take weeks, and perhaps months, even after tion of the so-called " lame-duck " session of Congress. Nor the result of the election had been learned, before the shall I attempt to speak of all advantages to be realized, but Congress could assemble and become organized. only those which appear to be of the greatest importance. Another most important change has been made in our The first result would be the taking over of the offices by Constitution which affects this matter. Following the rati­ those chosen in the preceding election. As we say, they fication of the Constitution, and in fact until quite recently, would be fresh from the people. The result of the election the United States Sen~tors were elected by the legislatures and the issues discussed therein would be fresh in -their of the various States. The State legislature did not meet minds, and they would be anxious to carry out the promises until in January, and since contests often developed, it was Which they had made to the people in the course of the considerably later than that before selections were an­ campaign. To this there· are those who would reply that we nounced. Senators so elected could not have attended a need a cooling-off period, so that the actions of the Congress session of Congress convening in the month of January. may not be too hasty or ill-advised. Apparently that was not Nor have we a right to say, or even to assume that the the view of the framers of the Constitution, for they pro­ framers of the Constitution would not have decided, as we vided 2-year terms for the Representatives. In that way now propose, if they could have foreseen developments in each Member is compelled to return frequently for further the years to follow. I am not one of those who believe that indorsement and instructions. Besides, I fear that the coun­ since the work of the Constitutional Convention was so well try suffers more from too much, rather than too little, done, we should not tamper with the Constitution; that we cooling-off. As everyone knows, there are forces constantly should refrain from making changes for fear that we might at work in an effort to cool the ardor and the enthusiasm err in ow- efforts. Apparently that was not the viewpoint of the people's Representatives in Congress, and for that - 3842 CONGRESSIONAL RECORD--HOUSE ;FEBRUARY ·12 reason it is only logical to assume that the greater the delay and such an arrangement possible, and the opportunity the less apt becomes the Member to correctly register his therefor should be removed through a change in the vote in keeping with the wishes and interests of his constit- Constitution. uents and the more apt will he be to register the wishes, if Finally, the proposed change would result in the elimina- not the demands, of these cooling-off influences. tion of the short session of Congress~ In this connection I In answer to those who may be fearful lest sufficient check wish to say that I am not in favor of providing for another is not provided, I need only to point to the fact that we have short session by fixing a definite date for the adjournment so much check now that the enactment of legislation in the of the last session of any given Congress. To do that would interest of the great masses seems at times almost impossible. be to continue a situation which this proposal seeks to end. What greater check can be needed than that which is pro- If the last session of a Congress, one in which the regular vided in our two branches of Congress, each checking the appropriation measures must be considered, is made a short other, and the Chief Executive checking them both. If this session by constitutional limitation many of the evils now does not provide a sufficient check, how can certain other complained of in connection with the present short session nations with a single legislative branch of government, and would be permitted to continue. I refer il\ particular to the in which the representatives of the people meet almost im- opportunity for filibustering in such sessions of Congress. mediately after election to administer the affairs of govern- Not only that, but a short session of Congress makes impos­ ment, function with safety to their people? sible the proper consideration of appropriation measures, · A further objection to the present arrangement is to be involving the expenditures of not only millions but billions found in the fact that the new Member of Congress is of dollars. Besides, in the rush which naturally follows, not generally sworn in until 13 months after his elec- many important measures are sidetracked, while' others, less tion. Almost immediately thereafter he finds himself in the desirable, are given approval and are passed. It is my view midst of a campaign for renomination. Up to that time he that Congress should be left to be its own judge as to the has had insufficient time to carry out the promises which length of each session during the 2-year period of its he has made to his constituents, and but little opportunity existence. to demonstrate his capabilities in other respects. Likewise In conclusion may I ask what opposition is there to the the people whom he has been chosen to represent have not approval and submission of this proposal? Why has neces­ had a proper chance to properly weigh hiS qualifications, so sary action relative thereto been so long delayed? Many of as to know whether he comes up to their expectations, be- my constituents have expressed themselves as being favorable fore they are called upon to vote for or against his renomi- to it, and none have spoken in opposition. I assume that nation. In such an emergency a new Member of Congress has been the experience of many, and perhaps nearly all must choose between two alternatives, either that of making of the other Members. As to indorsements, the press of a thorough and aggressive campaign, or of remaining on the the country is known to be overwhelmingly in favor of the job, giving the best service of which he is capable, and per- proposed change. The American Bar Association has in­ rnitting the campaign to take care of itself. If this amend- dorsed it. Business and professional men are everywhere ment should become a part of our Federal Constitution, favorable to it, and the same is true of leading farm organi­ newly elected Members of Congress would in the future have zations and likewise true of the American Federation of the necessary time to demonstrate their capabilities and Labor. The proposal has received the approval of the properly register their views with reference to legislative League of Women Voters, women's clubs, and many other matters before engaging in another campaign, and their women's organizations. Many are they who are enthusiastic constituents would likewise have time to better judge their supporters of the proposal. qualifications. It does seem strange that a change which everyone seems The third point which I desire to stress, and the one to want, no one seems to be able to bring about. Not a sin­ which has probably been discussed more than any other in gle civilized nation in the world permits of a similar situa­ connection with this proposal, involves the present situation tion, and not a single State in the Union has such an ar­ wherein a defeated Member of Congress continues to serve rangement with reference to the assembling of its legislative during the short session. It is not fair to him to ridicule body. As I view it, the change would be in the interest of his position or his activities, or to merely refer to him as a a more efficient, a more direct, and a more representative "lame duck," since he is not to blame for the situation. administration of governmental affairs. It would bring the He does not only have the right but it is his solemn duty Constitution into harmony with the present conditions and and responsibility to continue his service to the best of his requirement.s of our times. I most earnestly hope that ability in his capacity as a Member. However handicapped the · resolution may be approved and submitted by this and humiliated he may be in his public efforts following Congress; that it will be ratified at an early date by the his defeat, his is not the fault. Neither can the blame be legislatures in the required number of States so that it placed upon the people of the Nation, since the sentiment may become a part of the fundamental law of the land. for this proposed constitutional change is overwhelmingly [Applause.] favorable and has been so for a considerable length of time. Mr. Chairman, I yield back the balance of my time. Nor can it be charged to the State legislatures, since these Mr. GIFFORD. Mr. Chairman, I yield 10 minutes to the bodies have not been given an opportunity to ratify the pro- gentleman from New York [Mr. BLACK]. posed change, which I have every reason to believe nearly Mr. BLACK. Mr. Chairman, this is an important era in all of them favor. The blame then, if such there be, must the life of parliamentary governments. Europe is a civic rest with the Congress for its failure to act sooner in this laboratory testing out new them·ies of government, but time very important matter. only will tell their worth. _ But even if the defeated candidate is not at fault the Our representative system has been workable for our con- present situation is a most undesirable one. During the ditions and our people. Lately it has been under attack. campaign the Member who has been a candidate for re- Some Wl'iters of responsibility advocate the adoption of one ­ election may have advocated certain legislation which after of the many European systems. We, to protect a system his defeat he is in a position to continue to support, con- we believe in, should remove the point of "proper attacks. trary to the verdict and the wishes of his people. Further- The hold-over Congressmen have been an inspiration to more, in the event of an emergency wherein the election of criticism. Their very presence, after repudiation, is a denial a President is thrown into the House of Representatives. he of representation. It would be wise for the confidence we would be in a position to vote for a minority candidate, seek that we change our times of meeting. The expression likewise contrary to the verdict of his constituents. It has of the people at the polls as readily as possible should be been charged at times that a defeated Member of Congress translated into official action. The Congress has done well, is often influenced in his voting through some promise of no matter which political party has controlled its delibera­ an appointment which he is later to receive. Whether that tions, but it can be more tmmediately responsive to the pub­ is true or _not, the present provision ma.kes such a chnrge llic will by this amendment. 1932 CONGRESSIONAL· RECORD-HOUSE 3843 - Mter all, a Congressman. •tame-duck " or live, is human. When the Constitution was adopted we were llving in a Some will doubt this. The " lame-duck,,., anxious for his period of the stage coach, poor roads, no adequate means of future, will be more amenable to Executive suggestions than communication. Conditions have changed now. We are he might otherwise be. living in a period of highways, electricity, steam, telegraph, Congress, as the legislative body, has suffered by contrast telephone, and other means of communication, and all that. with the Executive head of the Government. It is quite nat­ this amendment of the Constitution will do will be to bring ural, because of the manner in which we proceed, that that the Constitution itself up to date, so that it will conform should be. A bill comes into Congress; it goes to a commit­ with the times in which we live and make our Government tee; it is deliberated upon; hearings are held; the press car­ more in harmony with the theory and practices of respon­ ries stories about the hearings and there is editorial reac­ sible, representative government. [Applause.] tion. The bill goes to the White House or to the governor's Mt. GIFFORD. Mr. Chairman, I yield myself three min­ office, as may be, in the case of a State legislature, and the utes on the matter of the Longworth amendment as it may executive head has had the benefit of the debates in the leg­ possibly be amended. islative branch, the hearings, the editorial reaction, and all I am one of those who fear, unless the Longworth amend­ the proceedings, and he frames his message of approval or ment is adopted in this House, we will be unable to get a disapproval. two-thirds vote in favor of the resolution; but, in the event He is able to give out a statement which has been care­ the Longworth amendment is defeated, I am extremely fully prepared, and the people say: What a wonderful anxious that we understand the other amendment that will President we have or what a wonderful governor we have be offered. and what a terrible Congress or terrible legislature we The limitation of May 4 in the second session of Con­ have. That is all due to the manner in which these things gress would remain in that amendment, with the words are carried on. The public can come into our galleries. added u unless the Congress shall by law appoint different The press is in our galleries. They report everything that dates." This removes any question of the President's failing goes on on the floor of the House and the public sees to call a special session if needed, but both branches of everything. Now and then, in the friction of debate, out­ Congress by joint action could call the extra session. If, a rageous things may be said, and, of course, the high lights few days before the session was to be concluded, it was are carried throughout the country. The careful work that found that the business could not be properly transacted, is done in the committees is seldom apparent, so that the the Congress itself could vote a different date for adjourn­ representative body suffers generally because of these high ment, but it would be by joint action. I want to impress upon lights. Of course, we can not blame the press, for it is the Members the fact we are not yielding our rights to the news. Executive, and all the argument I have heard up to this On the other hand, you never see a Capitol guide go time has been based upon the fact that the President might over to the White House and you never see a guide in a fail to call us in special session if needed. We can continue State capitol go into the governor's office and say, " My ourselves in session; but, I repeat again, it must be by joint friends, here is a President at work " or " Here is a gov­ action of both branches, and I am very anxious and very ernor at work." So the executive branch of our Govern­ desirous that the Members who have been opposing the ment does not have the high lights sent all over the coun­ Longworth amendment should give consideration to this try by the press, and much that goes on in the executive amendment, if and when proposed. branch of the Government is kept from the public eyes. This is the purpose for which I yielded myself the three That is one thing we can not help; but it is a point of minutes, Mr. Chairman, and I trust now tha~ we may be attack and it is being used. as I say, by those who advocate able to agree upon a time for adjournment for the day. executive control of the Government of the United States, Mr. JEFFERS. Mr. Chairman, I move that the committee and there is no small movement on foot for some kind of a do now rise. dictatorship in this country. The motion was agreed to. Now, as to the "lame-duck" situation, we can not cure Accordingly the committee rose; and the Speaker having the other situation, but we can cure the presence here resumed the chair, Mr. BULWINKLE, Chairman of the Com­ of hold-over Congressmen after they have been repudiated mittee of the Whole House on the state of the Union, re­ by the people of their own districts. It is a thing we can do ported that that committee, having had under consideration and that we ought to do. In view of the convulsions going the Senate Joint Resolution 14, had directed him to report on all over the world-the civic convulsions, the upsetting that it had come to no resolution thereon. of governments, the establishment of new rules and new LEAVE OF ABSENCE doctrines of government, and the advocacy of new theories. The following leave of absence was granted: some of them with a fairly intellectual support-! think it To Mr. NIEDRINGHAUS (at the request of Mr. COCHRAN of is well for us at every place we can to cure anything that Missouri) , for 10 days, on account of important business. may give rise to criticism, and I know of nothing that gives To Mr. GRIFFIN (at the request of Mr. BoYLAN), indefi­ rise to more criticism than the u lame-duck " situation. nitely, on account of illness. Therefore, I hope this resolution will prevail. [Applause.] Mr. GIFFORD. Mr. Chairman, I yield such time, up to 15 LEAVE TO EXTEND REMA.Ra:S minutes, as the gentleman from Minnesota [Mr. NoLAN] Mr. MICHENER. Mr. Speaker, I ask unanimous consent may care to use. that all Members who have spoken to-day may have the Mr. NOLAN. Mr. Chairman, I do not know that any dis­ privilege of revising and extending their remarks. cussion of this question at this time is anything but a waste The SPEAKER. Is there objection to the request of the of time. I think the attendance here this afternoon indi­ gentleman from Michigan? cates that so far as the membership of this House is con­ There was no objection. cerned everyone has made up his mind how he is going to LABOR'S INTEREST IN UNITED STATES OIL INDUSTRY vote upon this question when it comes up for final action. Mr. AYRES. I ask unanimous consent to extend my re­ It has been :before the Congress for a number of years. It marks in the RECORD and incorporate therein a statement by has been discussed in the pub~c press and by those who are Harvey C. Fremming, international president of the Oil interested in our Government. Field, Gas Well, and Refining Workers of America. It is a change in the Constitution that does not in any The SPEAKER. Is there objection? way affect any of the fundamental rights contained in that There was no objection. document. It does not in any way change the structure of Mr. AYRES. Mr. Speaker, under the leave to extend my our Government. It is merely a mechanical change or a remarks in the RECORD, I include a summary of a statement change in our procedure. It makes our representative Gov­ made before the House Ways and Means Committee Thurs­ ernment more representative and more directly responsive day, February 4, on the proposed excise tax on foreign pe­ to the will of the people as expressed in a.n election. troleum products by Harvey C. Fremming, international 3844 CONGRESSIONAL RECORD-HOUSE _FEBRUARY 12 president of the Oil Field Gas Well and Refining Workers of The tremendous quantity of fuel on already available-99,000,000 barrels--waiting in storage in California alone evidences the America, this statement being joined in by Edward J. absurdity of any claim that we could not supply the American McGrady, legislative representative, American Federation of market for this commodity. When to the amounts available in Labor; M. J. Flynn, America's Wage Earners' Protective Con­ California one adds the large quantities now in storage in other ference; D. C. Cone, Brotherhood of Signalmen; A. S. Stout, oil States, it can be seen that the provision of an American market for A:merican fuel oil would be of tremendous importance in Brotherhood of Maintenance of Way; A. J. Lovell, Brother­ relievmg the present pressure of cost in carrying these quantities hood of Firemen and Enginemen; George Laughlin, Brother­ of oil in storage. hood of Locomotive Engineers; W. D. Johnson, Order of The statement that American producers operating 1n foreign lands have prior rights to American markets 1s vigorously chal­ Railroad Conductors; J. A. Farquharson, Brotherhood of lenged. The logical conclusion of such an argument would mean Railroad Trainmen, this group representing directly affili­ the immediate abandonment of the development of our own ated members in a number exceeding five and one-half natural resources in any case where American capital had dis­ covered, purchased, or obtained control of similar resources in million, practically all of whom are citizens and voters. foreign lands. The statement is as follows: Labor has an especial interest in such suggestions. It need The workers in the oil industry, joined by workers in allled s~prise no one t?at !abor is wondering whether the same theory industries not directly connected with the production, trans­ will not be earned mto the immigration field as well as into portation, and refining of petroleum, are requesting from Con­ other fields. gress the same protection which in the past has been accorded to One logical conclusion of this theory that American producers other industries and their workers. We are asking that American operating abroad have prior rights to American markets would markets be reserved for American products in order that American carry the suggestion that it is as proper for American capitalists labor may maintain American standards of living, that we may to import foreign labor as to import the products of foreign labor have for our jobs that degree of _security to which we believe we and place them in competition with the products of American are entitled. workers. From the standpoint of labor, there 1s no difference whatever between American labor being brought into competition American patriotism is silenced in many of the oil-producing with cheap foreign labor in this country or with the products pro­ communities, where workers are listening with active interest to duced by the same, or an even lower class of cheap labor in some the doctrines of Bolshevism and communism, while clever and foreign countries, such as Russia or Venezuela. When we recall unscrupulous agitators emphasize to them the iniquities of an that in December, 1931, a great tanker laden with Soviet gasoline economic system which dooms to starvation armies of American entered an American port and declared the production cost of that workers while a few great oil-importing concerns or their sub­ gasoline was 1.94 cents per gallon, we may understand why Amer­ sidiaries are paying hundreds of millions of dollars yearly in ican labor has a very keen and fundamental interest in the pas­ dividends, whose rates sometimes reach as high as 400 per cent sage by Congress of legislation which will protect American work­ per year. These men are faced by a condition whicJ;t_no argu­ ers from such hopeless competition. The only alternative to such ments can minimize. They know that their commumt1es would legislation 1s an abject surrender either to the foreign product or be prosperous, that they would be earning American wages, main­ else the debasement of the American living standards, of which taining their fam111es under normal American standards, if the we have long boasted. indu'Stry in which they labor was not utterly demoralized by the For the sake of hundreds of thousands of American workers, or­ imported products of cheap labor to the fabulous enrichment of ganized and unorganized, in behalf of American industry, paralyzed a few wealthy corporations. through the vanishing purchasing power of these workers, in be­ The proper protection of the American petroleum industry 1s half of the railroad workers of the Nation whose present plight is the only means by which we can correct the evils of the present due to the drop in freight movements because of the wreckage situation and cure that growing spirit of unrest which is now of a basic industry of the Nation, and in the name of American seriously questioning the justice of our whole economic and polit­ jus~ice and fair play, equal rights, and open opportunity, the ical system. Only through such a measure can we restore to American petroleum industry should be restored, even at the cost employment the hundreds of thousands of oil workers now idle of decreasing the swollen dividends of a few great oil-importing and a like employment for hosts of other workers producing mate­ corporations. rial and other products either used by the petroleum industry or EXTENSION OF REMARKS consumed by its employees. Mr. Mr. The four points made by the spokesman for the oil-importi~g ARENTZ. Speaker, I ask unanimous consent to firms at the hearing on the excise bill carry their own refutation. insert in the RECORD a brief statement made by Lester Bal­ Whtle these are palpably misstatements of fact, it might not be liet, director-chairman of the governor's emergency com­ amiss to constructively set forth the actual facts, which are at mittee on employment, Tonopah, Nev. total variance with the fabulous statements presented by this apologist for the present disastrous situation. The SPEAKER. Is there objection? The first of these gross misstatements is that unemployment in Mr. STAFFORD. Mr. Speaker, I regret that I shall be the oil industry amounts to only about 35,000 workers. The official constrained to object. data compiled by the Bureau of Labor Statistics in the United States Department of Labor shows an average decrease to 65.7 SENATE ENROLLED BILLS SIGNED among oil workers for 1931, compared to the base year of 1926, The SPEAKER announced his signature to enrolled bills while for December, 1931, employment of those engaged in the production of crude petroleum was 58.2, if 1926 is assumed to of the Senate of the following titles: be 100, while pay-roll totals decreased to 54.9 on the 1926 base S. 366. An act for the relief of Dr. Luis H. DeBayle; of 100. This means nearly a 50 per cent cut in employment and S. 1306. An act to" provide for the incorporation of the in wages and shows the unemployment in the oil industry to be 350,000 men, in round numbers. District of Columbia Commission, George Washington Bicen­ The second misleading statement of the spokesman of the oil­ tennial; and importing firms, who are the only ones profiting from the present S. 2179. An act for the relief of Alexander M. Proctor. demoralizing conditions, 1s that the employment in Venezuela is mainly American and at American .wages. ADJOURNM.ENT It 1s utterly false to state that the employment in the Vene­ Mr. JEFFERS. Mr. Speaker, I move that the House do zuelan petroleum industry is largely American, since there is only now adjourn. one American. for each 100 natives empl,pyed, and it is equally false to claim that American wages are generally paid, when those The motion was agreed to; accordingly 1n distress, needed employment would be a1forded to our merchant National defense bilL marine, and it would have the effect of increasing the amount of tolls received by the Panama Canal, while there would not be Monday, February 15, 1932 sufficient increase in cost laid down at Atlantic ports to seriously affect the use of this commodity by those who might prefer it COMMITTEE ON NAVAL AFFAIRS to coal. <10.30 a. m.> 1932 CONGRESSIONAL RECORD-HOUSE 3845 Percentage of enlisted airplane pilots CHANGE OF REFERENCE General revision of copyright legislation. Under clause 2 of Rule XXII, the Committee on Pensions COMMITTEE ON MERCHANT MARINE, RADIO, AND FISHERIES was discharged from the consideration of the bill 7311) granting an increase of pension to Mary E. Derrick, Alaskan fisheries

REPORTS OF COMMITTEES ON PUBLIC Bll.J..rS AND PUBLIC BILLS AND RESOLUTIONS RESOLUTIONS Under clause 3 of Rule XXII, public bills and resolutions Under clause 2 of Rule XIII, were introduced and severally referred as follows: Mr. GREEN: Joint Committee on the Disposition of Use­ By Mr. MITCHELL: A bill concurrent resolution granting the consent of Con­ Erie, between Sandusky and Portsmouth, via the Scioto and gress for the temporary removal to the Corcoran Art Gallery Sandusky Rivers, Ohio; to the Committee on Rivers and of certain portraits in the Capitol Building; without amend­ Harbors. ment United States Code; to the Committee on Under clause 2 of Rule XIII. the Post Office and Post Roads. Mr. GAMBRILL: Committee on Naval Affairs. H. R. 1383. By Mr. HARLAN: A bill (H. R. 9263) to provide for the A bill for the relief of certain United States naval officers; settlement of claims against the United States on account of without amendment