1930 CO :rGRESSIO ""AL RECORD-SE~J"ATE 2811 3917. Also, p tltfon of 1o o.l union No. 95, of the I. W. of 0. E., llebert Metcalf Schall Thomas, Okla. Ilefiln Moses 'beppnrd Town E>nd advocating pn Hnge of the r Ur ment bill (II. R. 1815) ; to the IIow ell .. ' orbeck Shlp ·tead Trammell ommitt • on the ivil et'Vice. Johnson Norrl Shortridge Tydings :391 . By 1'r. Y : P UUon of llobert p.. Carpenter, A. A. Jon · Nye tmmons Vnndenberg Kean ddle mitb 'Yagner Inn, ,V ..T. Rnwle , J. R. Hunter, A. L. Boykin, T. H. Hudgins, Kendrick Ovet·man Smoot Walcott and oth r , of n ads, Jack 011 County, rlu., urging ongre fo1· Key s rn tter ·on teck Walsh, Mn . urly pa. 'lage of Ilou ·e bill 2562; to tbe Committee on P n- La I~'ollette Pine Steiwer Walsh, Mont. McKellar Ran d<'ll Sullivan Watson 1 us. Me. In tcr Robin on Ind. Swan on Wheeler McNary Rob,-Jon, Ky. Thomas, Idaho SE ATE Mr. TOWN END. I de ire to announce that the senior Sena­ tor from Delaware [:Mr. HAsTINGS] i detained from tbe enate SATURDAY, Febnwry 1, 1930 becau e of illness in hi family. I ask that this announcement may stand for the day. (Legislative day of Monday, Jauum·v 6, 19SO) Mr. McKELLAR. My colleague the junior Senator from Tcn­ The nate met at 11 o'clo k u. m., on the expiration of the ne . ee [Mr. BROC'K] is unavoidably detained from the Senate. I r s. will let this announcement stand for the day. 'l'be VICE PRESIDENT. The S nate resumes the considera- Mr. HARRI ON. I wi h to announce that my collengue (Mr. tion of the unfini h d bu in · STEPHE...~s] i~ detained from the Senate by illnes . I a k that tbis announcement may stand for the day. REVI ION Oi' TH:I!l TARIFF Mr. HEPPARD. I desire to announce that the enntor The Senat , as in C mmltte of the Wbole, reJ tuned the C2 . Mr.• M OT. Cement' has been taken from the dutiable list of th company, together with a 1i t of the tockholders for the and put on th fr 11 ·t. year ended December 31, 1929, which was referred to the Com­ 1\Ir. BLEA E. I made a speech on the subject October 4, mittee on the Di trict of Columbia. 1920. An am ndment was adopted yesterday, as I under, tnnd PETITIONS A ... ~o UEMORIALS it, nod the rca on given for it adoption would indicate that Mr. BROOKHART presented a petition of veterans and mem­ it Is the ame amendment I otrered and that the argument used bers of the sanitarium and soldiers' borne nt Hot Spring , S. h re y terdny ln upport of the amendment which was agreed Dak., praying for the passage of the o-called Brook11art bill, to wa nctly the same argument that I used in October. being the bill {S. 1775} to amend the World War veterans' net, Mr. MOOT. I understood that to be the en e. 1024, as amended, which was referred to the Committee on Mr. BLE E. The only thing I want to do is to keep the Pension .. r ord • trnlght. I have no objection to somebody ell'e getting He al o pre ented petitions of sundry citizen of Eagle Grove, cr dlt !or the amendment, hut I think the r cord hould be kept Gillett Grove, LeGrand, Des Moines, Davenport, and Glimwood, straight. amendment otr red by myself S ptember 9 (cal­ all in the State of Iowa, praying for the pa age of legi.'latlon endar day pt mber 14), 1029; nl , remarks by me, page 4212, granting increased pensions to Spanish War veterans, which 0 ORESSIO AL RI<:JCORD, October 4, 1929. were ordered to lie on the table. Mr. )1'ESR l\1r. Pr . ·tdent, wlll the Senator from New York Mr. BLAI~TFJ pre ented a re, olution adopted by the coun~y yl ld to nabl me to ugge t the absence of n quorum? board of Price County, Wis., favoring the pa. age of the so-called The VICE PRE IDE T. Doe the Senator from New York Knut on bill, being the bill {B. R. 5410) to authorize the See­ yi 1<1 to the S nntor from Ohio for that purpose? r tary of Agriculture to enlarge the tree-planting operations on Mr. OPEL ND. C rtainly. the national fore ts of the Rocky Mountain , and for other pur­ Mr. FE . I ugg t th ab ··ence of a quorum. poses, whlcll was referred to the Committee on Agriculture nnd Th VI E PRE IDENT. The clerk will call the roll. Fore try. The leglslntive clerk call i the roll, and the following Senators Ir. VANDENBERG presented n resolution a ]opted by Twin nnsw r~d to their nam Port Lodge, -o. 12, Shipmaster 'A ociation, of Duluth, Minn., All<'n nrntton Deneen Ootr prot tlng n"'ninst the pa. ~a"e of legi latlon to provide for tb Ashur t Brookhart Dill Gould e tnblishment of shipping commi . loner~ at ports on the Gr at Hnh·d Broussard Fes Greene lint•kl y ' pper Fletcher Grundy Lak , which was referred to the Committee on Commerce. ntnl{hllln nmwny Frnzl~>r llnle Mr. JONES pre en ted petition numerou. ly signed by ,·tmdry Dhu•k onnnlly George Hax·rl citizens of the State of Wn~hlnatou, praying for the pas. age of Blaine Copeland G1llett Ho.rrlson Bl<'ltHe Couzens Glass natfield Iegl lation granting increased pen ion to Spanish War vet­ Rornb Dnlc Glenn Hawes eran , wbich were ordered to lie on the table. 2812 OONGRESSION AL RECORD-SENATE FEBRUARY 1 Mr. CAPPER presented petitions of sundry citizens of Norton seve-rally without amendment and submitted a report as indi­ and Lenora, Kans., praying for the passage of legislation grant­ cated: ing increased pensions to Spanish War veterans, which were A bill ( S. 2814) to authorize the erection of a suitable statue ordered to lie on the table. of Maj. Gen. Georg~ W. Goethals within the Canal Zone; Mr. GILLETT presented resolutions adopted by the New­ A joint resolution (S. J. Res. 93) to provide for a monu:nent buryport Woman's Club (Inc.), of Newburyport, Mass., favor­ to Maj. Gen. 'Villiam Crawford Gorgas, late Surgeon General ing the ratificat!.on of the proposed World Court protocol, of the United States Army; and which were referred to the Committee on Foreign Relations. A joint resolution (S. J. Res. 95) authorizing the erection of He also presented a petition of sundry citizens of the State a memorial building to commemorate the winning of the Oregon of Massachusetts, praying for the passage of legislation grant­ country for the United States (Rept. No. 148). ing increased pensions to Civil War veterans and widmY.:" of Mr. HOWELL, from the Committee on Claims, to which were veterans, which was referred to the Committee on Pens:.ons. referred the follo\ving bills, reported them each without amend­ He also presented petitions numerously signed by sundry ment and submitted reports thereon : citizens of the State of Massachusetts, praying for the pas­ A bill (S. 286) for the relief of Thelma Phelps Lester (Rept. sage of legislation granting increased pensions to Spanish War No. 149) ; and veterans, which were ordered to lie on the table. A bill ( S. 2481) for the relief of Cicero A. Hilliard ( Rept. 1\Ir. ALLEN presented a resolution adopted by Brown Bishop No. 150). Post, No. 704, Veterans of Foreign Wars of the United' States, REPORT OF POSTAL NOMINATIONS of Parsons, Kans., favoring the passage of legislation providing Mr. MoKELLAR, as in open executive session, from the Com­ for the hospitalization of disabled women who served overseas mittee on Post Offices and Post Roads, reported sundry post­ in the ·world War, which was referred to the Committee on office nominations, which were ordered to be placed on the Finance. Executive Calendar. He also presented a memorial numerously signed by veterans BILLS INTRODUCED and members of the National Military Home, Kansas, remon­ strating against the passage of legislation providing for the Bills were introduced, read the first time, and, by unanimous transfer of the duties and powers of the board of managers for consent, the second time, and referred as follows : the national military homes to the control of the United States By Mr. HEFLIN: Veterans' Bureau, which was referred to the Committee on A b:ll ( S. 3394) to establish a dairy and livestock experiment lJ'inance. station in Alabama ; to the Committee on Agriculture and For­ He also presented a petition of sundry citizens of Lost estry. Springs, Kans., praying for the passage of legislation granting By Mr. RANSDELL : increased pensions to Spanish War veterans, which was or­ A bill (S. 3395) to repeal the act entitled "An act authorizing dered to lie on the table. the Secretary of the Interior to sell and patent certain lands in He also presented a resolution adopted by Hal'l'Y Easter Louisiana and Mississippi," approved Aprilll, 1928; to the Com­ Camp. No. 16, Department of Kansas, United Spanish War mittee on Public Lands and Surveys. Veterans, faYoring the passage of legislation granting increased By Mr. TYDINGS : pensions. to Spanish War veterans and their widows, which was A bill ( S. 3396) for the relief of the American Transatlantic ordered to lie on the table. Co.; to the Committee on Claims. He also presented a resolution adopted by Harry Easter By Mr. BLAINE: Camp, No. 16, Department of Kansas, United Spanish War A bill (S. 3397) granting a pension to Charles Johnson (with Veterans, favoring the passage of legislation granting increased accompanying papers) ; to the Committee on Pensions. pensions to Civil War veterans and their widows, which was By :Mr. WHEELER: referred to the Committee on Pensions. A bill (S. 3400) granting an increase of pension to Jennie BOUNDARIES OF YELI-OWS'fONE NATIONAL PARK Lochray ; to the Committee on Pensions. By Mr. JOHNSON: 1\Ir. SULLIVAl~ presented a telegram containing a resolu­ tion adopted by the mayor and council of the city of Casper, A bill (S. 3401) for the relief of John Shannon; to the Com­ Wyo., protesting against any further extension of the bound­ mittee on Military Affairs. aries of the Yellowstone National Park, which was referred A bill ( S. 3402) to authorize the designation of depositories to the Committee on Public Lands and Surveys and ordered to for public documents, and for other purposes ; to the Committee be printed in the RECORD, as follows: on the Library. By Mr. F·LETCHER: CASPER, ~YO., Janu01ry SO, 1930. A bill ( S. 3403) granting an increase of . pension to l\lichael Hon. PATRICK SULLIVA~, Yallowich; to the Committee on Pensions. Un-ited States Senate, Washington, D. 0.: A bill ( S. 3404) authorizing the Secretary of Commerce to I have been instructed to advise you of the following resolution : dispose of a portion of the Amelia Island Lighthouse Reserva­ "Whereas it is contemplated by the Federal Government to transfer tion, Fla. ; to the Committee on Commerce. some 220,000 acres of land lying along the watersheds of Thoroughfare By Mr. NORRIS: Creek and upper Yellowstone River in the State of Wyoming from the A bill ( S. 3405) to extend the times for commencing and national forest to the national park jurisdiction, thereby enlarging completing the construction of a bridge across the Missouri River Yellowstone National I>ark to that extent; and at or near Decatur, Nebr.; and " Whereas on the morning of February 3, 1930, the members of the A bill ( S. 3406) to extend the times for commencing and Yellowstone National Park Boundary Commission will convene in the completing the construction of a bridge across the Missouri Interior Department Building at Washington, D. C., for the purpose of River at or near Niobrara, Nebr.; to the Committee on Com­ considering the advisability of such action ; and merce. " Whereas it is the consensus of opinion of the mayor and members By Mr. HARRIS: of the council of the city of Casper, Wyo., !n session assembled, that A bill ( S. 3407) for the relief of Judson Stokes ; to the Com­ such action would be detrimental to the national forests covering said mittee on Claims. lands to the wild animal life inhabiting same to the natural primitive By Mr. JONES: beauty of this region and to the people of the Nation in general and A bill (S. 3408) granting a pension to Orlando Beck (with of the State of Wyoming in particular: Therefore be it accompanying papers) ; to the Committee on Pensions. '' Re&o1!ved by the mayor and coutlcil of the city of Gasper, Wyo., That they should and do hereby protest for and on behalf of the people of PUBLICATION' OF GEORGID WAS.HINGTON'S PAPERS this city against this contemplated action on the part of the Federal Mr. FESS. Mr. President, plans ~re being made for an un­ Government; that the city clerk be instructed to wire a copy of this usual celebration in 1932; I assume it will be the greatest resolution to the Hon. PATRICK SuLLIVAN, United States Senator, at occasion of its kind in the history of mankind. We have already Washington, D. C., and a citizen of this city; to Hon. JoHN B. KEN· provided so far as legislation can go for two permament memo­ DRICK, United States Senator, Washington, D. C., and Hon. VINCENT rials, one the construction of the Mount Vernon Boulevard and CAUTER, Member of Congress, Washington, D. c:· the other the preservation of the birthplace of Washington at Passed and adopted and approved this 29th day of January, 1930. Wakefield. We want another permanent memorial in the way E. W. ROWELL, Mayor. of the definitive publication of the writings of George Wash­ Attest: W. W. SLACK, Olerk. ington. The head of the manuscript division of the Ubrary of Con­ REPORTS OF COMMITTEES gress made the astonishing statement that there are 5,000 Mr. FElSS, from the Committee on the Library, to which were unpublished writings connected with Washington, including 1-efen~ed the following bill and joint resolutions, reported them his general orders. 1930 IO-'-:rAL RECORD-SE :rATE 2813

Tlli body ha~ three time. adopted a reC!olution to haYe them "OS) Any notary public or otber omcer authorized by law of the tn·inte.Jdent, I lntrodueed n bill to amend the District of Columbia, and for other purpo e ~ , which was Fl dton 2 (e) of the air ommerce act of 1926, which I a k may ref rred to the Committee on the Di trict of Columbia and h r ft>rred to th ommittee on Oommer ·e and printed in the ordered to be printed. R. RO. RADIO ADDRESS OF SEXATOR JO EPn T. BOBI:\'SO." I wlll giv n brief outlln of the pro,· i~ion. of the bill. It ubll~o. tc . · the ·r .tnry of ommer e to inve tignte all ncci­ )1r. W AL H of Massachusctt . Mr. Pre ident. I hav l.Jeen d nt. in <'iVU air navigation and provide nuth rity to hold reque.·tcd to announce for the inf rmntion of the • ~nlite that public b nrin~ in su ·b ca. a the need therefor i indicated. the enior "'enator from rka.il a [Mr. RoBI .· o. ~ ] \Vill be It neltbQr pr vent~ nor ompll ate t11e immediate investiga­ beard in 'Ya.. hington over radio tation W.l1AL. the ~ational tion of any ac ·ldent for th purp e of a. certaining the fact. apital tation of the lumbia Broaden ting ~Y tem, from 12.30 or to d t rmin the n •ity for a furth r inquiry by mean to 12.45 o'clock unday afternoon, F bruary 2. Hi· ubject is of n publit• h aring. to be the 5-power naval confer nee now being beld in London. It r quir . the •r tary to make public a tat ment of prob- I a k that the letter I have received respe ·ting the matter nbl auF;e or •nu~ . of any a id nt in civil air navigation re­ may be priu ed in the Rreono. b'Ulting in riou. injury to pa ngers, cr w, per~onnel, or other There being no objection, the letter wa ord red to be printed pe~on'-~, but avoi<.l. th nee .., ity ot publl bing uch statements in the REcoRD, as follows : in th num r UH minor <·a e .. WASHI.'GTO~, D. C., Februar111, 1930. It provl the privilege of bearing out of the mntt r r ferred to in the report of the inv tigation an address by nator JoSEPH T. ROBINSON ot Arkan.a by rndlo in or tut lll()nt f the au:e of th aecident. London on tb subject of the 5-power nnval conference. At th • am tim<', it provid •· . uitable authority, which ha Senator RoBI.·soN will b introdn ed by Mr. l!'rederick Willlnm Wile, not pr viou:Iy xi.·t d, to •omp 1 the attendan<'e of wltne · e tbe r pr ntatlve of the Columbia Broadcasting system at the con­ in th matt<'l' of heurlngt; involving the denial, suspen 'on, or ference. r vocation of li<'Pn.· . or c•crtifi ate authorized under the act, This ov<'r-the-ocean broadca t by nntor RoBrN o~ wlll be henrd in Rurh brarlngR b~ln~ alr ady required by the net. Wa ·hington from radio station WMAL, the ~~a tiona I Capital key sta­ Th bill ( . 3300) t urn nd tion 2 (e) of the air com- tion of the Colombia Broaden ting system, from 12.30 to 12.45 Sunday m r<.· act of 1!)26, whlch wa. read twice by it title, referred to afternoon, Februa.ry 2. the • mmitt n mm r e, and ordered to be printed in the No doubt the Members of the enate would like to learn of tbis and RE<"ORD, a: follows: bear the addres or enntor ROBJ.·so:s by tuning In on ;tation WMAL. Be (t nactcd., tc., 'l'hat ctlon 2 (e) or the alr commcr e act ot Your cooperation in making tbl information available from the floor lU20 b , nnd the Htl.m 11 r by I , nm nd d to rend a follow : wm be appreciated. " '£ . 2 (e). (1) 'l'o lnvel:lUgate accidents in civil air navigation in Your very truly, tb Unit(>(} 'tat , including the attending fact , conditions, and circum­ M. A. LBESIII, stan<.' a, and for tbat purpo e tbe cretnry, or any officer or employee Presi.

THE MEDITERRANEAN FRUIT-FLY CAMPAIGN man, head of the department of horticulture, University of Minnesota; Mr. McNARY. Mr. President, as chairman of the Committee J. J. Davis, head of the department of entomology, Purdue University. on Agriculture and Forestry, I have received a number of letters "It reported that the campaign of eradication had been very efficiently in criticism of the Depa1tment of Agriculture and of its admin­ carried on and recommended that it be continued along the lines laid istration of measures taken to eradicate the Mediterranean fruit down. Part of the report follows : fly in Florida ; also m·any letters from throughout the country "'We concur with the report of your committee of seven regarding commending the attitude of that department. I have in my pos­ the economic importance of the insect and the need for eradication. The Mediterranean fruit fiy should be recogni.zed as a potential pest of session a statement issued yesterday by the Department of very great importance to the fruit industry of the Southern States; Agriculture with respect to the Mediterranean fruit fly and the also the results to date clearly forecast the possibility of complete eradi­ activities of the Agricultural Department relative to that insect, cation in Florida, aud this goal should be vigorously sought. We com­ which I ask unanimous consent to have inserted in the REOORD mend the work of the research and control forces, the former for the and referred to the committee. progress made in the short period since the discovery of the infesta­ There being no objection, the statement was referred to the tion April 6, 1929, with attractants, poison sprays, host-plant studies, Committee on Agriculture and Forestry and ordered to be and fruit sterilization ; the latter for the apparent thoroughness and printed in the RECORD, as follows: completeness of the quarantine and eradication work. We likewise JANUARY 30, 1930. commend the cooperation of the growers and the sacrifices which they SECRETARY HYDII ISSUES SPECIAL STATEMENT ON MEDITERRANEAN FRUIT­ have made in destroying hundreds of thousands of boxes of fruit, in FLY CAMPAIGN order to aid il). the eradication. A study of the activities of the research " Many letters received by the Department of Agriculture and by and control forces, and the expenditures to date show an economical Members of Congress and others with reference to the Mediterranean and efficient use of the funds available.'" fruit-fly quarantine make necessary a general statement of the facts," " The Department of Agriculture in the conduct of a quarantine said Secretary of Agriculture Arthur M. Hyde in a special statement universally works with and through the local authorities. This is neces­ issued to-day. sary because local and State police powers rest solely in the local "The department has been greatly embarrassed," said the Secretary, authorities.. In Florida the department bas worked through the Florida "by repeated attempts to stir up discontent in Florida. It is not to be Plant Board. The eradication campaign is in direct charge of Dr. Wil­ expected that the fruit growers of Florida would submit to the necessary mon Newell, who is the chief entomologist of the plant board and of regulations without some friction. On the whole, the support which the the University of Florida. Department of Agriculture has had in Florida has been most gratifying. "It is stated that a resolution was pending in the Legislature of

1 The Florida Citrus Growers' Clearing House Association, which repre- . Florida to abolish the Florida Plant Board with which the Department · sents 85 per cent of the Florida crop, has been and is supporting the of Agriculture is cooperating. It is a~leged that immediately thereafter administration with all its power. The department has in its files com­ the fruit fiy was discovered. The implication is made that the appear­ mendatory resolutions recently passed by 119 different organizations in ance of the ·ny saved the political life of the Florida Plant Board, and Florida. These are organizations of growers, cooperative associations that in some mysterious way the plant board was responsible for its of farmers, commercial clubs of many cities, Kiwanis Club, and others. appearance. "An infestation of this pest was discovered near Orlando, Fla., in "The facts are that the Florida Plant Board is composed of five out­ April, 1929. The fiy itself was identified as the Mediterranean fruit fiy standing citizens of Florida, who are not only members of the plant , by the entomologists of the University of Florida, by the specialists of board but who also form the board of control of all the instituti()ns of the United States Department of Agriculture, and by qualified ento­ higher learning, including the university, in the State. Two of them ;m.ologists who subsequently were sent to Florida. are growers of citrus fruits. All of them have thelr homes and their ; " There can be no doubt as to the gravity of the infestation. Tests business affairs in Florida. All of them serve without pay. made with cyanide gas netted as high as 400 files on one tree. The "Under all the circumstances, the veiled accusation that these men 1 ! total number of infested properties, as revealed by subsequent scouting, were responsible for the appearance of the fly in order to save their · ran to nearly 1,000. These were spread through 21 counties. voluntary unpaid jobs is ridiculous. To charge these men with · visiting "The Mediterranean fruit fiy is the worst pest to which fruit, and such a scourge upon the State in which they live and have all their many vegetables, can be subjected. Its eggs are deposited in the fruit. possessions in order to preserve an empty honor is too great a tax to be These eggs hatch into maggots which speedily destroy the fruit itself. imposed upon the imagination of even the most credulous. The menace of the fiy is not only to Florida, but to the entire South "That the resolution pending in the legislature dealing with the plant and Southwest. The climate of these States is suitable for their breed- board was never taken seriously is amply demonstrated by the fact that ' lng and spreading. The capital value of the orchards in these States is the legislature, with only one dissenting vote, passed an appropriation $1,800,000,000, and the annual crop is worth $240,000,000. If the fly of $500,000 to support the quarantine. ' becomes established in these States, control measures will be an enor­ "The statement is freely made that the fly has appeared in Florida mous burden on the fruit growers. For this reason eradication is at intermittent periods for the last 40 years. No entomologist or necessary. scientist has ever made such a statement. None can be found who will " In order that there might be no possible error as to the existence support it. We have no doubt that there are several fiies which re­ of the pest, or as to the quarantine and eradication campaign which the semble the fruit fly and which have appeared at various times. That department is conducting, we have upon two different occasions ap­ those flies are not the Mediterranean fruit fiy is amply demonstrated by ; pointed advisory groups of scientists, to visit Florida, survey the situa­ the fact that they have not become the pest or wrought the devastation tion, and report. The first group consisted of seven men of outstanding which has followed tl).e Mediterranean fruit fiy. reputation and ability. They were: "We have no doubt that there have been instances of abuse, inef­ "Vernon Kellogg, permanent secretary of the National Research ficiency, and waste in connection with the eradication campaign. The Council, of Washington, D. C. ; Thomas J. Headlee, director of the New campaign was necessarily hastily organized to meet an emergency. Jersey Agricultural College, New Brunswick, N. J.; V. R. Gardner, head Under such conditions, some degree of waste and inefficiency is to be of horticulture department, Michigan Agricultural Experiment Station, expected. East Lansing, Mich.; H. J. Quayle, entomologist, Citrus Experiment Sta­ " This department has spent more than $4,000,000 and some 10 tion: Riverside, Calif. ; Thomas P. Cooper, dean College of Agriculture, months in the effort to eradicate the fly. We have been successful be­ Lexmgton, Ky. ; George A. Dean, head department of entomology, yond our hopes. The fruit fiy population has been so far reduced that Kansas Agricultural College, Manhattan, Kans.; H. A. Morgan, presi­ it is impossible to find a fiy in Florida at this time. In fact, no adult dent University of Tennessee, Knoxville, Tenn. flies have been seen in Florida since August 7, 1929, and no infestation " They reported in part : of any kind since November 16, 1929. "'At the beginning of the campaign files were numerous, easily found, "We are highly gratified at the apparent reduction of the fiy popula­ and existed in great numbers at points of infestation. Measurement of tion. This, however, is no guaranty that the fly has actually been progress is difficult. But the committee has been impressed with the eradicated. Few, if any, bouse flies can be discovered in the District of rapidity of the clean-up work, the effectiveness of the poison-spray Columbia at this season. This fact offers no proof that they are not campaign, the progress of inspection, and its increasing thoroughness. here and will not l'eappear. In addition to this, our work has been so Upon every side there is found evidence of increasing efficiency, and hamstrung by the delay in securing appropriations that we have not conviction upon the part of those in charge that they are making been able to cover the State adequately to determine whether or not progress.' the fiy is actually in existence. In the view of our entomologists, the "Subsequently, acting in conjunction with Hon. WILL R. Wooo, abandonment of the work now would be a calamity, would mean that the chairman of the Ilouse Committee on Appropriations, we appointed money already expended has been wasted, and that the fiy, if and when another special group. The members of this group were selected by the it reappears, would spread without hindrance to the enor·mous damage president of the University of Indiana. This group consisted of four of the whole South, Southwest, and West." biologists and one practical fruit grower, as follows : RURAL POST ROADS " W. 0. Thompson, president emeritus of Ohio State University; Mr. McKELLAR. Mr. President, last April I introduced a W. C. Reed, commercial fruit grower, of Vincennes, Ind. ; W. P. Flint, bill providi.ng an appropriation of $50,000,000 f6r the fiscal year chief entomologist of the Illinois natural history survey ; W. H. Alder- endmg June 30, 1931, $75,000,000 for the fiscal year ending 1930 CONGRESSIO ... AL RECORD-SENATE 2815 June 30, 1932, and $100,000,000 for the fiscal year ending June the dose of the last ftscal year, without making any deduction for 30, lUS:l, tor rural poRt road . The bill wus sent to the Secre­ administrative expenses, the $50.000,000 whlcb the bill would author­ tary of Agrlcultur a few days ago and an answer was given ize for tbe ftscnl year 1929 would be at the rate of about $37 per mile; qunlltledly indorsing the proposal. the $75,000,000 which would be authorized for tbc fiscal year 1930 1 a~"k unnnlmou con ·ent to have printed In the REcoRD the would be at tbe rate of about $56 per mile, and the $100,000,000 to be bill which I Introduced, the letter from the ecretary of Agri­ authorized for the fiscal year 1931 would be at the rate of about $7G c•ulture to which I haYe referred, and that part of the message per mile. Tbe States, however, would be required under the provlalona ot the Pr sident of la t December which referred to rural post of tbe bill to dupJicate tbe foregoing amounts. rond,.;. Moat of tbe roads to wblcb tbl measure would apply ue under the There being no objection, the matter referred to was ordered control of local oftlcials, and tbe State blgbway depa,rtmenta who jointly to be llrlnted in the RF.COBD, us follows: with the Bureau of Public Roads would be cbnrged with tbe exl)('nditure of the funds, do not In geBeral have authority to enter upon these roads S.837 at the present time. A. blll to amend the act entitled ••.&.n act to provide that the United Tbls department is in sympathy with tbe object thi measu.re proposes States shnll nid the tatt>s in the construction of rural post roads, and to accomplish. namely, more rapid and more adequate Improvement of for oth._.r purposeR," approved July 11, 1916, as amended, and for tbe rural roads which are the feeder or tributary road& to the State otb('r purpOSt.'S and I<'ederal-ald highway systems, and wblcb are essential to tbe fun~ (Introduced by Mr. McKIDLLAB Aprll 29, 1929) Uoning of the rural free-delivery postal system. In "1928 the total Bfl u et~Mttd, etc., That for tbe purpoee of carrying out the provialona expenditure by local agencies. sucb as counties and townships, on roads of the act entitled "An ad to provide that the United States shall aid of tbla class exceeded $800,000,000, and wlll probably be somf.'wbat tht• States in the construction of rural poet road , and for other par­ higher for 1929. This amount is approximately the same as the total J)(nt('l'l," approved July 11, 1016, and all acts amendato17 thereof and expended by tbe State and Federal Governments for the major road aupplementary thereto, there is hereby authorized and dl~ted to be srstems under the di~lon of the State blgbway departments. appropriated, out of any money In the Treasury not otherwise appro­ Less than one-ball of the more than 3,000 counties emplo7 competent print('(), the following sums, to be expended In tbe Improvement of rural engineers to supervise their road work, or have adequate equipment, poKt roads over wblch rural carriers travel In ~~erving the rural routee wblcb are ao essential to tbe construction and maintenance of modern othl'r than those now included in tbe Federal-aid road aylltem: The aum roads. It is e'Vldent that tbe prime essentials of any plan to secure of $~0.000,000 for tbe fi cal 7ear ending June 30, 1831 ; the sum ef better secondary rural roads lie In tbe establiabment of more effective $75,000,000 for the 6 cal Je&r ending June 30, 1932 ; and the nm of organization, competent technleal supervision, and tbe use of the beat $100,000,000 for tbe fiscal year ending June 80, 1838. modern equipment. A. few of the States have undertakt>n through their H•c. 2. For carrying out the provlslona of thla act the 8ecreta17 of State hlcbwa:r departments to cooperate with the counties by supplying Agrkulture bull apportion to each of the States according to the mlle­ ~neral and technical direction In the expenditure of tbe funds for new agt• of rural routes, provided that the States appropriate a like amount. construction. If this movement could be stimulated by tbe Federal Gov­ The money abaU be apportioned to each rural route in the United States ernment oJferlng to cooperate with tbe States In the way of technical In proportion to Ita mlleage, but none of tbiJI appropriation &ball be ustetance and reaeonable funds, It 18 believed that great impetus would apeot In the construction or maintenance of roads built by Federal aid be given to the Improvement of the loeal roads. There iJI such a large heretofore and known as the Ft>deral road system. Tbe expenditure of mileage of these secondary, or almost wholly farm roads, involved, that thl money shall be by tbe blgbway departments of the varloua Statee progre18 In tbeir Improvement would have to be expected from con­ tn <.'Ooperatlon with the Bureau of Public Roads, United Statee Depart­ tinuous maintenance during tbe seasons of tbe year wben such roads ment of Agriculture, and tbe Post Odlce Department of the United are now JargeJ,y neclected, and by tbe use of methode of improvement States. coating much lea than the modern types of hea.vy-traftle roads. Sse. a. All ads or parte of acts In any way lnconBlatent with the Tbe department believes theae are worthy object& to be secured and provi lone of tbls aet are hereby repealed, and thiJI aet lhall take eftect belie'Ves thetJe to be the Intentions of this proposed measure, but under Immediately upon Ita paasaae. tbe preeent authority vested In the States the department Ia of the opinion that only a few could take advantage of the funds authorized .JANUARY 28, 1930. under the measure. Tbe department also believes that any auch plan abould be started on a much more moderate acale than the amounts Bon. LAWRII:NCJD C. PHIPPS, which are carried by the measure. in order to try out such a plan on a Ollalrman OOtltftllttee o. Po.t 0/fleu and Pod Roadl, UnUed Btata Betude. conaervative baals. The department, therefore. does not favor this DJU.R SIINATOR : Receipt Ia acknowledged of your letter of lla7 1, with preeent bill. but would Indorse a ayetem of feeder roads, or farm-to­ whlcb was tran&mltted a copy of S. 837, with request that when con­ market roads, If auch legislation can be appropriately and constitution­ ally worked out. 'ftnl nt th<>re be furnished a statement of tbe department's 'riews relative 81ncerely, AaTBUK M. Hn>8, BecNttary. to tbe proJlotM'd lt>glslatlon. This bill propo ~ ce to amend the Federal highway aet of November 8, [From tbe message of the President of the Unitoo States to the second 1021, by authorizing and directing that there JD8.Y be made nppa-o­ session of the Bev~ncy-ftrst Congress, December 3, 1929] prlatlonll of 'GO,OOO,OOO for the fiscal ;rear ended June 30, 1829 ; '7ri,OOO,OOO for tbc ftscal year to end June 80, 1930 ; and '100,000,000 BIGBW.AYS for th fiscal year to end June 80, 1931, to be apportioned among tbe There are over 3,000,000 mlles of legally eetabllsbed blgbwaye in the Btatee by the Secretary of Agriculture according to tbe mllf'llge of rural Untted States, of wblch about 10 per cent are Included to the State routes, and to be further apportioned within the States to each rural highway 8ystems, the remainder being county and other Ioeal roads. route In proportion to its mileage, and to be expendtd In tbe improvement About 626,000 mllee have been Improved with some type of surfacing, of rural post roads travel~d by rural carriers In eervlng the rural routes comprising some 63 per cent of the State btghway ayatema and 16 per not lncludt'd In the ll'ederal·ald bJgbwa,y ayatem. Tbe apportionment of cent of the local roads. Of tbe Improved roads about 102,000 miles are eald appropriations among the States would be conditioned upon the bard aurfaced, comprising about 22 per cent ot the State highway States maldnc available like amount& The expenditure of the money aystema and about 8 per cent of tbe local roads. nod r the provlalona of the bill would be by the highway departments of While proper planning ehould materially reduce the listed mileage of tbe vnrlous States In cooperation wftb the Bul'@au of Public Roads of public roads, particularly In the agriCultural districts, and turn these this department and wttb the Post Oftlce Department. Tbe bill would roads back to useful purposes, It Is evident that road construction must apectftcally prohibit tbe expenditure of an7 part of the appropriations In be a long-continued program. Progress In Improvement is about 50,000 the construction or maintenance of roads buUt b7 Federal aid heretofore mllee of all types per annum, of which some 12,000 mlles are of the and known u the J'ederal road aratem. more durable types. Tbe total expenditures of Federal. State, and local ctlon 21 (third paragrnpb) of tbe Federal highway act direeta the governments 1aat year tor construetlon and maintenance assumed the Postmaster Ot>neral to make and furnish annually to the Secretary of huge total of ,1,660,000,000. Agriculture a certificate as to the total mileage of r01'81 deli'Ye17 and Federal aid in the construction of the highway systems in conjunc­ star mall routes In tbe several Statl's at the close of each ftsca1 year. tion wltb the States baa proved to be beneficial and stimulating. We Such a Cf'rtlftcnte was furnished this department at tbe close of the moat ultimately gtye consideration to the lncreaee ol our contribution ftscal 7ear wbtcb ended Jun.- 80, 1929, and shows that at that time the to these aystems, particularly with a 'riew to atlmulattng the improve­ mileage of rural dellvery routes was 1,316,420 aDd the mileage of etar ment of farm-to-market road& routes was 202,007.84. The bill would apportion the appropriations llEDI'l"l!2UtANEAN I"BUIT FLY which It would authorize and direct to be made among tbe States accord­ tog to the mll('age of rural routes to eacb State, and would further Mr. FLETCHER. Mr. President, I ask leave to have printed apportion same to encb rural route In proportion to Its mlleage. If the In the CONGBI:BBIONAL RlcooRD an editorial from the Florida apilOrtlonment as the bill would require were made to each rural route Times-Union of January 27, 1930, entitled "Protection Against In proportion to Its mileage, aa certlfted bJ the Postmaater General at Fruit Fly." 2816 CONGRESSIONAL RECORD-SENATE FEBRU..ABY 1 The PRESIDENT pro tempore. Without objection, leave is with judgments, its significance bas apparently escaped the attention granted. of many of the New York bar. The infrequent resort of the members of The matter referred to is as follows : the bar of this State to the remedy afforded by this section has in­ duced me to choose it for the theme of my address. The enactment PROTECTION AGAINST FRUIT FLY of the declaratory judgment act in 1921 bas effected a fundamental With so much being said these days about fruit-fly destructiveness, and change in the boundaries circumscribing the domain of judicial ac­ the protective methods to be employed, the public mind is somewhat con­ tivity. The grant of judicial power to be found in section 473 requires fused. Much that is said, and some of the things that are being done, an enlargement of the basic conceptions of legal action. The extension no doubt are open to criticism, but criticism is not going to improve is in three directions: First, in the elimination from this judicial conditions that actually exist, not unless criticism that is expressed process of any exhibition of force or coercion by the State; second, in is of the well-consi!lcred, constructive order. Facts are what they the acceleration of the opportunity and occasion for the judicial deter­ are and no amount of argument or criticism can change them. mination of controversies; third, in the creation of new causes of Quite recently the commissioners of agriculture in the Gulf tier of action. States held a meeting in Montgomery, Ala., to discuss the fight on the The ordinary common-law judgment of a court is regularly followed .'fruit fly in Florida. Commenting on this meeting and the matters by a writ of execution. By its authority the sheriff proceeds to exer­ c0nsidered. the Houston (Tex.) Post-Dispatch snid: cise such force as is necessary to satisfy the judgment. The decree " '.rhe commissionet·s need to be vigilant in adopting protective meas­ of a court of equity presupposes a greater degree of voluntary submis­ ures against :in invasion of this pest. It bas appeared at various sion. It dire-ets ·the person complained of to do or refrain from stated places in the world, and wherever it bas appeared, it has brought dis­ acts. Disobedience is, of course, punished, but the power of the court aster to the fruit-growing industry. It is one of the most destructive and its will to enforce the decree are left unexpressed and unexercised en<:>mies of the citl'US fruit tree that the producers have ever encoun­ until an infraction bas been committed. The declaratory judgment ·t t•red. Citrus fruit is 11n important crop along the Gulf. coast and in does not command the sheriff to use the State's force to carry out the the· Rio ·Grande Valley s<:>ction of Texas, and it is becoming more im­ order of the court. Nor does it direct the defendant to act or to for­ :portant each year. It is a source of wealth destined to add greatly to bear. The rights and relations of the parties are declared. They are -the prospetlty of all this re.gion, if the trees can be kept clear of thereupon expected to conduct themselves accordingly. '.rhis diminu­ damaging pests, such as the Mediterranean fruit fly. The Gulf Coast tion in the exercise and exhibition of force is a certain indication of . ·states and the Pacific coast citrus fruit districts have a great deal at the advance of civilization. 'stake in this fight on the invaders, and the departments· of agriculture Of greater practical importance is the second feature of its advance ·of the States referred to are justified in maintaining quarantines against in juristic thought. The common-law judgment for damages is not ·Florida as long as they believe there is danger of the pest being intro- obtainable until a right has been violated and an injury inflicted. A duced into their orchards. At this time th~re are no evidences of the threatened violation of a right, which is likely to result in the infliction presence of the fly in Florida. The Federal Government has carried of an injury, can be prevented by the use of the injunction. · The on a war to eradicate it from the districts in the Peninsula State in declaratory judgment goes further than either of these two. By means which it made its appearance a year or more ago, and li'ederal officials of it the judicial determination of a controversy may be anticipated -b<:>lieve their campaign against it -has been successful. Until State before ·any damage has been done and before any wrong has been · officials are likewise convinced, they are under a duty to continue their threatened. protective measures." · The contents of the term "cause of action" is likewise considerably '.rhe foregoing is a fair statement of the matter as it stands to-day. 0xpanded, for it is now possible to secure a judgment of the court on ]!..,lorida is by no means the only State that is concerned, although the facts which do not constitute a cause of action as the term is under­ brunt of fruit-fly atHiction, as well as the work of eradication of this stood at co.mmon law. A.n outstanding example of this aspect of the pest, bas fallen on this State. Other States, quite naturally', do not declaratory judgment is the case of Guarantee Trust Co. v. Hannay want to be made to suffer similarly and, therefore, are not to be con­ (1915 C. A., p. 536), where the plaintiff practically secured a binding demned for taking what may appear like dt·astic action in whate>er decree that the defendant bad no claim against it. The common law way tltat is deemed best for the protection of their fruit and vegetable harbors the fiction that one knows his rights and should therefore take gt·owers. Protective measures, however, and in all fairness, ought not the risk of acting legally. The declaratory judgment more realistically to be such as will result in additional hardship and financial suffering takes the view that meu may well be in doubt concerning their rights to be placed on the people of this State, especially on fruit and vegetable and that the risk of action may be avoided by judicial pronouncement gi·owers and shippers, who have done so very much to prevent the fruit­ before action is taken. fly scomge from spreading to other States, as well as in tl1~ way of In England the declaratory judgment was adopted as early as 1852 relieving themselves from this pest affliction. All that Florida asks is and has been in frequent use since 1883. In this state a~so the under­ - fair play and a reasonable amount of assistance, from the Fed~ral Gov­ lying principle is not entirely new. Comparable instances are the pro­ ernment and otherwise. ceedings authorized by the surrogate's court act for the const~uction Anyone who asks more for Florida than is justified in the matter of a will (sec. 145, surrogate's court act) and an action to annul a of this fight on the fruit fly is not helping the State to get rid of this void marriage authorized by section 1132 of the civil practice act. pest as quickly and as completely and as economically as is possible. As a remedy generally available, however, the declaratory judgment in In similar manner, those in charge of the work of fruit-fly eradication this State was first introduced by the inclusion of section 473 in our need to understand to the utmost that the most practical sort of work practice act. That section reads as follows : is demanded, work that has in it also the utmost of intelligence. In " SF.C. 473. Declaratory judgments. this connection, and in connection with recent appointment of another "The supreme court shall have power in any action or proceeding to investigating board of college professors, entomologists, and others, it declare rights and other legal relations on request for such declaration seems in order to suggest the practicability of having at least a few whether or not further relief is or could be claimed, and such declara­ capable business men, including practical fruit and vegetable growers, tion shall ha>e the force of a final judgment. Such provisions shall on advisory and even on administrative boards and committees, espe­ be made by rules as may be necessary and pt·oper to carry into effect cially as the expenditure of millions of doUars is involved. This would the provisions of this section." seem to be advisable, to say the very least. Florida wants to get rid Provision for the determinati<>n of questions of fact by a jury is made of this fruit-fly pest as soon as poss:ible, without waste of effort, and as by -rule 213. Under rule 214 costs are made discretionary and grantable economically as possible. to or against any party to the action. The utility of a declaratory judgment as a measure of preventive jus­ DEOLARA'l'ORY JUDGMENTS IN NEW YORK-ADDRESS BY SENATOR tice can best be demonstrated by an illustration. In a case recently WAGNER OF NEJW YORK decided at special term in New York County the plaintiff was the Mr. WALSH of Montana. Mr. President, the subject of lessor of premises under a lease which contained the usual covenant declaratory judgments has had the consideration of the Com­ against assignment and subletting by the lessee without the consent of mittee on the Judiciary on a number of occasions. It is an the landlord. In addition, the lease provided : important question. On July 2, 1927, an address on that subject " The landlord will not unreasonably withhold consent to an under­ was delivered by the junior Senator from New York [Mr. letting." w.AGNF..n] in his usual masterly manner, before the Otsego The tenant found a subtenant who was willing to pay a rental much County (N. Y.) Bar Association. I ask unanimous consent in excess of the sum reserved in the original lease. The landlord con­ that it may be published in the RECORD. tended that he might, as a condition of his consent to the underletting, There being no objection, the address was ordered to be demand a shnre of the increased rental which the . tenant would secure printed in the RECORD, as follows: from the subtenant, and that an equal division of the excess was " rea­ sonable" within the terms of the lease. The lessee asserted that the Dl!lCLAUATORY JUDGMENTS IN NEW YORK landlord had no right to condition his consent on the payment of a There is nothing in the civil practice act to warn the reader of sec­ price and that " reasonableness " had reference solely to the person tion 473 that a startling innovation has been introduced into our of the undertenant or the desirability of his intended use of the premises. system of law. Tucked away amongst a number of sections dealing .As yet neither one bad done any injury to the other. No harm was 1930 CO.r GRE 10 L ECO D-SE T"E 2817 threatened. etlon b7 either partJ, bowet""er, waa atremelJ hasardoua. atate in the complaint the desired declaration. Some of the cases on Should the landlord withhold consent, be mltrbt aubjeet himself to record, however. show a pr&)"el' for relief cut ln the form of an alterna­ a large llabUlty If a court should Inter decide that the ref~~tJal of bls tive, thus : Whether or not the plalntlfl' baa the right to do thus and so 1lll.lent wa1 un....aonftble, ancJ award to tile tenant tbe damages uftered under the terms of a contract aUepd ln the complaint. The answer by the IoN of bls bargaln wltb the subtenant. Should the tenant, not­ may pray either for a dlsmlaaal of the complalnt or for dlfl'erent and withstanding the landlord'• refusal, sublet to the undertenant, be might contrar7 declarations of rights and relations. ftnd bla lease forfeited by reason of bla breach .of the covenant against Rule 210, which 888lmllates the practice of other actions to an aetlon underletting. It wns of aucb a caae that an English judge has aald: for a declaratory judgment, seems to be sufBclent autborltJ for tbe " I can not Imagine a more judicious or beneftclal exercise of the Jurla­ generally received uaumptlon that the ordinary motions available under dlctlon to make a declaratory order than that wblcb bas been the practice act, are conformably addressable to one or all of the plead­ adopted • • In this case." (Cosens-HardJ, L. J .• ln Young "· logs In an action for a declaratory judgment. A recent decision at llp(>Ciftl A ble, Gardena Properties (Ltd.), L. R., 108, 2 cb. 112, cited with term baa created a Uttle confmrtoo In tbls regard. In Nenbeck w. Mc­ approval by Proskauer, J., In SarDer w. Kantor, 123 ise. 489.) An Donald (128 Mlse. 788) Mr. Juatiee Hinkley dented tbe defendant's mo­ action for a declaratory judgment waa promptly Instituted, which on tion to dtllllllas the complaint and In bls opinion lnserted this dictum : motiou was grant d a caleodar prefereDO*'. The decree rendered b7 " The ftual exerclae of the court"a discretion either to declare the the court declart'd : " That the plalntUl' have no right to withhold rights and legal relations of the partl" or to decllne to pronounce a their consent to an und rl tUns upon the ground that tllere should be declaratorJ judgment, 88 provided Ia rule 212 of the Rules of Clvll Prat!­ any dlvlston between platntUl's and defendant of the lncreued rent, tlce, can not be anticipated by a court at special term nor b7 the trial wblcb the defendant ma7 receive aa a result of any such relettlng." court, tn adYance, and not until such time during the trial aa the court (Dyellman 11. Moore, Special Term, Justice TlerneJ, N. Y. L. J., Feb. can properJ7 make such ftual determlnatlon." U, 1927.) mandatory or lnjundlve language Ia to be found In the It ma7 well be that the complaint tn the eubeck case waa sucrh that decree ; onlJ tbe rl&'hte of the parties are stated. Should these rlpta tbe court felt ~lied to walt until trial to determine wHther It would now be violated the decree Is ret adjudicata and a coercive judg­ exercise Its discretion In favor ot making a declaration or against lt. mt'nt could be readily obtatnecJ. That there wUI be any_occasion for But to ll88ert. that ln no case may a court In advance of trial entertain such coerolve judgment Ia blghiJ unlikely. The uncertainty which a motion addressed to the aumctency of a pleading, whel'\" a declaratioD stifled any nctloo by the parties bas been resolved. The risk of acting Ia sought, Ia both contrary to law and precedent and destruc:tlve In a unlawfully baa been avoided. No one's right baa been violated and no large measure of the value of the new remedy, There is no apparent cJamage bas been clone. reasons why rule 112, which provldet for a motion tor judgment on the The writers who first popularized declaratory Jud&menta In this pleadings, should be excepted from the general aBSimllation of practice-­ country were In the habit of If tlng the Instances and types of ca8e8 ln effected b:r rule 210. If the defendant Ia the JPOVlna partJ, be Dace. which declaratory judgment• have been rendered by the courts. Theee sarlly admits the aUegatlons of hie adversary"• pleadlna. and lf tbe have now multiplied to such an extent that there I& little utilltJ In such facts therein allepd reveal to the court a ease ln whicll a deelaratt a collation. It Ia quite apparent that It 18 moat suitable aa a prelnJUrJ ought not to be made, the defendant Is entitled to judgment dlsmlaslq remedy In the construction of lnstrumenta and statutes, the Interpreta­ tb~ complalnt. The authorities, both In the State of ew York and Ia tion of contracta, the determination of status, and In a boat of miscel­ England have recognlaed and acted upon preliminary motions addressed laneous grcupa. In the t'll&e of long-term contracts of sale, agency, aud to the suftlcienq of the complalnt tn declarator7 judgment actions. ~mployment there Is no aubetitute for a declaratory judgment ae a means Dodge e. Campbell (128 Misc. 778) was "a motion by the defendants of determining whether certain conduct constitutes a breach by one for the dlamlaaal of an amended complaint on the ground that It does not party so as to relieve th other from the nece slty and duty of further tate facta atdllcleut to constitute a cause of action." Loesch w. Man­ performance. In New York the reports show Ct\Betl of declaratory judg­ hattan Life Insurance Co. (128 Mise. 232: afl'd. App. Dlv., N. Y, L. J., ment lnvolvlns the construction of leaiiN (Lelbowlta w. Bickford Lunch June 25, 1927) 18 authorltJ for the same proposition. In that cue the SyRt m, 241 N. Y. 489; Dyckman "· Moore. February 15, 1927, N. Y. court exercised Ita discretion agalnat the pronouncement of a declaratoi'J' L. J.: Schmidt w. Loul8 (Inc.), 122 Mlsc. 249) : anticipatory breach lu Judgment. See also Klnp Co. Trust Co. t'. Melville (127 Misc. 37.4): a contract for the 1111le of realty (Brownell "· Board of Education, 288 Everhart w. The Provident Life 6 Trust Co. (118 Mise. 852) : ortb N. Y. 309) ; the construction of a municipal frauchbe (Manhattan Baatern Marine Engineering Co. w. Leeds Forge Co., 1908 (1 Cb. 824); Bridge Three Cent Llne w. City of New York, 204 App. Dlv. 89, aftd. Baumann w. Baumann, Sp. TID., • Y. Co., N.Y. L. J., Ma7 21, 1927. 286 N. Y. 5:50) ; a munlclpnl charter (Craig w. Commlastonen of Inking It Ia fortunate that such Is the law. It very frequently happens tu Fund, 20 App. Dlv. 421) ; n taxing provl lon ln the State constitution declaratory Judgment actlona, that the facts are not In dispute. A (Board of Education "· Van Zandt, 119 Misc. 124, aftd. 204 App. Dlv. motion for judgment on the pleadings provides a readJ means ' for an 81)6) ; the provisions of the Judlcinl Code of the United Statee (Savlc "· earl,: dlspodtlon of the case without the neceaslty of a long caleDdar City of ew York, 208 pp. Dlv. 81) ; the determination of a right to delaJ. 81ace deeluatory judgmenta look In their most appropriate a fund In the po81e slon of the State (Durant "· Whedon, 201 App. <'ase& to future conduct, a speedy determination Ia essential to Ita Dlv. 196) ; tb con tltutlonalltJ of a motion picture llcenalna act (Path~! emcacJ. Ill States where the uniform deelarator7 Judgment aet 18 In Exchange (Inc.) w·. Cobb, 202 App. Dlv. 450) : the power of a trus~e to force. such actions are entitled to a preference. In ew York, as of lea e property on certain terms (Reynolds w. Brownlng-Klng 6 Co., 123 right tbey are not entitled to preferential aleadar treatment. Conse­ Misc. 867, afl'd. 217 pp. Dlv. 443) ; the determination of the status of quently it becomes even more Important to provide a devlee for ella· two women who claimed to have been married to a man slDce decea&M posing quickly of the essentlallJ legal quetrtlona that arl8e In aucb (Dodge 1.1. Campbell, 128 Misc. 77 ) . actions. Indeed, It seems d('Slrable for both parties to have the ques­ In lllnglancJ and the British Domlnlooa, where declaratory judgments tion of the court's discretion tested out In advance of the trial. The hnve been In effect for a much longer time, the reporta contain tnatancea determinant& of judicial dlseretion are such that the question may be of almost every conceivable type of question arising on an application determlned from the pleadlDg&. It the court wlll decUne to make a tor dl'claratlone. The New York statute l wide enough to permit an declaration, It Ia for the Interest of both parties to be Informed thereof equally liberal development. The court 18 authorized to declue " rights as soon as poeslble ln order to avoid the futile delay Incident to a and other legal relatione." These would seem to be aumciently Inclusive crowded calendar and tbe expense of a trial which will prove aboittve. and the phrase seema to have been employed wlth a view to embodJ the The discretion to make or refuSe a declaration lB lmpllclt In the per­ result of the Guarantee Trust Co. ceae (cited supra). The clause, mls&ive language of aectlon 478, whlch confers power upon the upreme "wht'ther or not further relief Is or could be dalmed," bas a bl8torJ. Court to de<"lare rights and ~lations, bat does not Impose the obliga­ Prior to 1888 the BngllBb courts grantt'd declarations only to caaes tion to do so. Rule 212 reads: "Jurladlctlon dlseretlonarJ. If, in the where additional coercive relief could be claimed, though no request for opinion of tbe court, the parties should be lett to relief by existing It was•madc. Tbl Umttatlon on the use of the declarato17 judgment form8 of actions, or for other reasons, It m&J deeUne to pronounce a was removed In EnglancJ b7 a rule of court the lanpage of wblch h88 declaratory judgment, stating the grouuda OD wblch ita discretion Is so b('(>n ndopted In this respect to the New York statute. The preaent exercised.'' statute enables the plaintiff to ask for a declaration of rights and to The requirement that the court state the reasons for a refuaal to couple with It a request for coercive relief. Profeesor Borchard points pronounce a declaratOI'J' judgment, Indicates that lts discretion Ia aot to the advantage of such pleading, In that the court may refuse the ablolute, but Ia subject to control by the appellate courts. Such, how­ adclaratlon. , fueed In Everhart "· Provident Life 6 Trust Co. (118 Ml8c. 852) on Rule 211, which governs the framing of the complaint, requires a the ground that the court bacJ no Jnrl8cllctlon of the partlea, nor of the statement lo the prayer for r('llef of the precise rlgbta and legal rela­ aubjeet matter of the suit. In Klnp Co. Trust Co. •· Melville ( 127 tions of wblcb a declaration Is requested, ancJ extent of consequential Mlae. 874), the court declined to make a declarafioa because of the relief desired. This suggests that It Is better practice afllrmatlvelJ to plea of rea acJjudlcata. No declaration was issued ln Watta "· Ba~ LXXII-178 2818 OOXGRESSIO~AL RECORD-. SENATE FEBRUARY l (200 App. Div. 016) because the action was commenced before the where tbe decisions of those questions, whichever way it may go, will effective date of section 473, civil practice act. In Dyckman v. Moore, settle tlle litigation betw(>en the parties.'' some of the declarations requested were refused because the facts to 2. Declarations have been refused where the facts to be interpreted which they related were hypothetical and unknown. The fit·st case in were still in the future and uncertain of occurrence or hypothetical iu this State in which the court declined in toto to pronounce a declara­ their nature. In Dyckman v. Moore the court refused to declare by tion in the exercise of its discretion, is Loesch v. Manhattan Life In­ anticipation what might in the future be deemed an unreasonable surance Co. (128 Misc. 232, affd. App. Div. N. Y. L. J., June 25, 1927). ground for the landlord's refusal to consent t o a sublease. The stated reason was that the plaintiff had a complete remedy by an 3. Wbere a special tribunal has been erected to deal with specified action at law tor breach of contract. Only one other such case has controversies, courts of general jurisdiction have refused to entertain been found in this State, namely, Baumann v. Baumann, decided at actions for declarations. (Brughes v. Attorney General, 105 L. T. R. special term in New York County by Mr. Justice Valente, and reported 193; Grand Junction Water Works Co. v. Hampton Urban District in the New York Law Journal on June 21, 1927, where the court on Council, 75 L. T. R. ch. 673; 67 L. J. ch. n. s. 605.) motion for judgment on the pleadings, in the exercise of its discretion, The most commonly stated reason for the court's declination to declined to pronounce a declaratory judgment and dismissed the com­ entertain an application for a declaration is the existence of a more plaint. precise remedy available to the plaintiff, which would fully accomplish The facts of that case are extraordinarily interesting. The complaint his purpose, more expeditiously dispose of the controversy, or give more alleged that the plaintiff was the wife of the defendant, and that they complete relief than that .afforded by a declaration. It wlll be noted had for many years lived in the State of New York as husband and that Rule 212 emphasizes this ground of refusal by giving it special wife. That in 1925 the defendant, wbo was a resident of New York, mention. The mere availability of another remedy is not necessarily went to Mexico and there obtained a divorce from the plaintiff without a ground for refusal, but where other remedy is statutory in nature or her appearance and without the service of any process upon her. That more precisely fits the case, the courts have declined to make declara­ thereafter be went to Connecticut and there married a woman, who was tion. (North Eastern Marine Engineering Co. v. Leeds Forge Co., 1006, joined in the action as a party defendant, and that the two defendants 1 ch. 324 ; Mutrie v. Alexander, 23 Ont. L. R. 1911, 396 ; Williams v. were living together in New York as husband and wife. As a result Jackson, 11 Br. Col. 1904, 133; Loesch v. Manhattan LHe Insurance of which the plaintiff was and would be subjected to ignominy and un­ Co., 128 Misc. 232, affd. App. Div. N. Y. L. J. June 25, 1927; Baumann pleasantness and to doubt as to her status as the defendant's lawful v. Baumann, Sp. Tm. N. Y. L. J. May 21, 1927.) wife. The prayer for relief requested a declaratory judgment that· the The argument adv.anced ·in criticism of some of these decisions that pla'intiff was the lawful wife of the defendant, and that the two de­ the plaintiff ought to be allowed to ask less than the full measure of fendants were not husband and wife and that the Mexican decree was relief given blm by law is not conclusive. The court has the right and, invalid and of no effect. The court declined to make the requested indeed, the duty to consider not only the wishes of the party but the declarations on the ground that a more precise remedy was provided economy of judicial activity. Parties should not be permitted to pur­ by statute, to wit, section 1134 of the civil practice act, which enabled sue circuitous courses through the expensive paths of the law, where the plaintiff to bring an action to annul the marriage between the two the goal may be reached more directly .and with a greater economy of defendants. The court said: judicial effort. Where the declaration is intended only as a judgment "The plaintiff has such a remedy in this State which will accomplish on which coercive relief may be obtained by further action and serves all she seeks to accomplish by this declaration of rights and still morP., no other purpose, the court is justified in conserving the social rna· In that it will annul the subsequent marriage and dispose of the rights chinery and refusing to countenance the waste involved, unless, indeed, of all three parties to this suit." a greater economy is effected by the avoidance ot multitudinous suits. In the British reports we find quite an array of decisions which have Some eminent jurists have become so enthusiastic about declaratory established many guiding precedents for the exercise of the courts' judgments that they look askance at every limitation and are impa­ discretion. A study of these decisions shows repeated expressions to the tient with almost every decision which refuses to entertain such an effect that the declaratory judgment should be used sparingly and with application. This attitude is one which both bench and bar will do caution. A single decision sums up many of these quotations. In well to avoid. Within the sphere of anticipatory and preventive justice Russian Commercial & Industrial Bank v. British Bank (90 L. J. K. its use should be extended, its scope kept wide and liberal, and its B. n. s. 1089) it was said by the House of Lords: "The question in what boundaries elastic. But it does not tit every occasion and it does not cases the jurisdiction to give a declaratory judgment should be .exer­ call for the scrapping of the balance of the system of remedies and cised has been considered in a number of cases which were called to actions. The courts should adjudicate .as little as possible. If a money our attention by counsel for the appellants. It should be exercised judgment or a decree for specific performance, or a divorce fully meets 'sparingly' (re Staples, 1918, 9 ch. 122 • *) ; 'with care and the needs of the plaintiff there is no need of encumbering the record jealousy' (Austin v. Collins, 54 L. T. n. s. at p. 905) ; 'with extreme with declarations of rights or status. Most judgments have the effect caution ' (Favor v. Gosworth Urban District Council, 88 ·L. T. n. s. of creating secondary rights or of investing tile parties with a new at p. 550 *). status or relation. Existing remedies are in most instances sufficient to "Sterling, J., took the same view on this subject (Grand Junction fulfill these requirements. The declaratory judgment is particularly Water Works v. Hampton Urban District Council, 1898, 2 ch. at p. 545 adapted for the official declaration of a preexisting relationship rather • •) ; and Lord Sterndale in Markwald v. Attorney General, 1920 than the creation of a new one. Its use should therefore be empha­ (1 ch. at p. 357 *) said that there had been 'too great a tend- sized in the class ot cases where such a declaration is necessary. ency to ask for declarations.'" · Mere uncertainty or doubt as to one's rights or status does not justify In every judgment there is an implicit declaration of right or relation. the operation of legal machinery. The uncertainty must be such as to That, however, does not justify an attempt to incorporate a declaration paralyze socially important conduct before the courts are called upon into every judgment or to supplant every known remedy with an action to make law-sanctioned declarations. for a declaration. The purpose of this remedy must be kept in mind­ to serve as an instrument of preventive justice. The existing remedies SENATOR SHEPPARD'S ATTITUDE ON PROHIBITION must still be used when compensation or other coercive relief is all that Mr. SHEPP.A.RD. Mr. President, in a newspaper article, is required. The special virtue of the declaratory judgment is that it which has been widely circulated, the following statements is inhibitory of injury, whereas the injunction is mandatory and the appear in reference to me : money judgment compensatory for the damage already done. Its use SHEPPARD hates liquor. He hates beer. He hates wine. And he should therefore be reserved primarily for those cases where its unique bates anyone who likes them. quality will serve the ends of justice. Where the court has jurisdiction it has in the past refused to Mr. President, the statement that I hate anyone, whether in pronounce declarations in a number of instances, which may be connection with liquor or anything else, is entirely in en;.or. I grouped as follows : hate nobody. Love for all humanity is one of the principal 1. Where the declaration will serve no useful purpose, Professor forces .behind the prohibition movement. Borchard (in 36 Y. L. J. 407) said: Mr. COPELAND. Mr. President1 I should like to say to my " The court's discretion is necessarily guided by the expediency of friend from Texas that I believe what he has just said. issuing a declaration ; that is, whether it will serve a useful purpose, Mr. SHEPPARD. I thank the Senator. whether it will remove the uncertainty or settle the controversy, or Mr. COPELAND. While we are in opposition on many mat­ enable the parties to adjust their conflicting claims.'' ters with reference to the efforts made to enforce prohibition, In Lewis v. Green (1905, 2 ch. 340) the court refused to grant a I know of no man who is more genuine in his character and in declaratory judgment construing a deed, because "the result will be his attitude toward men in general, and the statement the this : The court may, after considerable litigation • • • come ulti­ Senator from Texas has made I thoroughly indorse. mately to the decision that on the question of construction raised by Mr. SHEPPARD. I am very grateful to the Senator from this summons the applicant is right. Well, what then; no relief can New York. be given on that. There are other points which have to be decided. REVISION OF THE TARIFF They c-an be decided by bringing an action. • • • Order 14a Is The Senate, as in Committee of the Whole, resumed the con­ only intended to enable the court to decide questions of construction sideration of the bill (H. R. 2667) to proYide revenue, to regulate 1930 CO ORE SIO :r L RECORD-SENATE 2819 commerce with f r tgn c untri s, to encourage the indu trie ot Mr. COPELAND. Mr. Pre ·ldent, I do not know how neces­ th uitcd tute., to prot Ul'J)(>, 1;. for the RECoRD it mi~ht b well to ~·ay a few word ·. Mr. 'OPI~L N . Mr. Pr ·id ut, I :hall d tnin the 'enate but Thi i · a conte t between the United States :ryp um Co., n f w mom nt , I tru t. For the reu. n. I gave y terday, I repr enting over 50 per cent of the gyp um bu ine of the want to go hom • a:;; on a I can. A frl nd of mine i very ill, nited tate , and the indep ndent manufacturer , miner , and auncing with 13,000 tons in 1925 and now running .to 78,000 BALTIMORE, Mo. tons, and the import price being reduced from $2.51 a ton to Senator JOHN M. RoBSION, $1.06. United States Capitol: I believe that this amendment ought to be adopted. The property of this company is located ln Kentucky. We are The VICE PRESIDENT. Without objection, the matter fur­ strongly in favor of tariff on crude gypsum and seek your support to nished by the Senator from Montana will be printed in the Senator Copeland's amendment. RECORD. PrNE HrLL LIME & STONE Co., The mattet· referred to is as follows: R. S. MASLIN, Pre8ident. bnpot·ts of crude gypsum from Mea:ico, 1925-1929 THE AMERICAN MINING CONGRESS INFORMATION SERVICE, WASHINGTON, D. C. Unit Tons Value value WASHINGTON, D. C., January -.-Importers of crude gypsum are being supported in their efforts to keep this commodity on the free list by many of their consumers along the Atlantic seaboard. The most 1925_------__ .: __ ------__. __ 13,266 $33,360 $2.51 recent effort by these consumers comes from Walter G. Hammond, en­ 1926.------76,166 217,043 2.85 gineer of buildings, Baltimore, who in a letter to Senator GOLDSBOROUGH 1927------61,060 62,035 1.01 1928.------82,467 92,563 1.12 argues that a tariff on gypsum would increase the cost of fertilizer to 1929.------~ ---- 78,608 fl3,347 1.06 the American farmer. He states that the movement to "remove crude gypsum from the free list bad its origin in a small group of western Mr. COPELAND. 1.\Ir. President, I am satisfied to let the New York manufacturers." Both of these statements are erroneous. matter go to a vote. It is obvious that the farmer will have to pay more for gypsum used Mr. ROBSION of Kentucky. Mr. President-- in fertilizer if be is to pay freight charges from the Atlantic seaboard, The VICE PRESIDENT. Does the Senator from New York and that he will have to pay more for his lime fertilizer if the cost of yield to the Senator from Kentucky? producing lime is increased by reason of the substitution of imported Mr. COPELAND. I yield. gypsum for lime in construction. Mr. ROBSION of Kentucky. l\lr. President, I favor the The tariff requested is supported by gypsum producers in Iowa, Kan­ amendment offered by the Senator from New York. If he will sas, Texas, Oregon, Nevada, Utah, and California. Many of the domes­ yield a moment, I desire to introduce three or four letters and tic producers are in severe fi.nancal straits and some have been forced telegrams to go in the RECORD, urging a duty on gypsum. One into bankruptcy because of the disastrous competition of the last few of these is from Gov. Flem D. Sampson, of Kentucky; there is years with the importers, who not only control extensive foreign de­ a letter from Mr. B. N. Egan, manager of the Rock Castle posits in Nova Scotia and Mexico but also own or control large deposita Cement & Lime Co., Pine Hill, Ky.; a telegram from Mr. \V. R. and manufacturing plants in the United States. Jillson, State geologist of Kentucky, Frankfort, Ky. ; a telegram From 1925 to 1928 domestic gypsum production dropped from 5,678,- from Mr. T. J. Nicely, Mount Vernon, Ky.; a telegram from Mr. 302 tons to 5,102,280 tons. Construction lime produced in 9 Eastern R. S. Maslin, president of the Pine Hill Lime & Stone Co. ; also States dropped from 747,833 tons in 1925 to 620,000 in 1928. Imports a brief statement from the .American Mining Congress Informa­ of crude gypsum increased from 634,423 tons in 1925 to 1,028,816 tons tion Service, Washington, D. C.; all of them urging a duty on in 1928. Ninety per cent of these total imports came from Canada. gypsum. If there is no objection, I ask to have them printed in Mr. WALSH of Massachusetts. Mr. President, I should like the RECORD. to ask the Senator from New York if he bas received, as I have, The VICE PRESIDENT. Without objection, the telegrams a good many telegrams from those engaged in quarrying lime, and other matter will be recE:'ived and printed in the RECORD. favoring a protective duty upon gypsum? The matter referred to is as follows: Mr. COPELAND. I have bad a great many such letters. FRANKFORT, KY., January 30, 1930. Mr. WALSH of Massachusetts. Does the Senator recognize Senator JOHN MARSHALL ROBSION, any benefit to the lime producers by a tariff on gypsum? Senate 01/lce B·uiZding: Mr. COPELAND. Oh, it is the preservation of their lives. Our friends in lime business wa.ut $3 duty_ on crude and calcined Mr. WALSH of Massachusetts. How? gypsum, and hope you can work for this. Mr. COPELAND. Because this cheap gypsum that comes down from Canada is made into a plaste1; and sold so cheaply, FLE!II D. SAMPSON. below the price of the lime production, that they are practically out of business, or will be if this relief is not afforded. The PINE HILL, KY., Jamuary }4, 1.930. gypsum plaster is substituted for the lime plaster. Senator JOHN JI.I. RoBSION, Mr. WALSH of Massachusetts. I am informed that the Washington, D. 0. gypsu·m plaster bas become much more in demand than the MY DEAR SENATOR : It has been brought to our attention that an lime for plastering purposes, not so much because of price as amendment to the tariff biU very shortly will be offered on the Senate of quality; that the gypsum plaster dries within 48 hours, and tl.oor by Senator COPELAND, of New York, proposing a tariff on crude building can proceed without the interruptions that take place gypsum. where lime is used. Lime for plastering purposes is VE~ ry de­ Protection has already been given on calcined and ground gypsum, sirable. The lime formerly used as a :first coat in plastering but, according to Government figures, out of over 1,000,000 tons of is now substituted with gypsum. The gypsum is harder and gypsum imported in 1928 less than 1 per cent was calcined or ground. drys quicker. What is the Senator's judgment about that? CO GRE SI0.1.:r L RECORD-SEN TE 2821

1\!r. W AL H of ~fa . achu ett . No matter what duty is levied, for c rtain purpo es for which lime was formerly u ed gyp~um will continue to be u ed, will it not? 1\Ir. SMOOT. Where it i not too expensive. 1\Ir. OPELAND. In expen. ive building . Mr. W AL H of Ma ::::achu etL. I have a good deal of ym­ path~· with the lim industry because of the extent to which it ha .. utTered a the re ·ult of the increasing use of gy ·urn in re ent years, but I can not convince my elf that the lecying of a duty upon gyp ·urn is going to force people to u e lime. I am unable to reach the conclu ion that whatever action we take on gyp ·urn will help or injure the lime indu try. The lime in­ du try i., evidently being injured by the use of ub titute which the public demand. Mr. SMOOT. Mr. Pr id.ent-- The YICE PRESIDEl'f"T. Doe the enator from New Y rk yield to the Senator from Utah? Mr. COPELAND. I yield. Mr. MOOT. In 1922, when the committee put gyp urn on the free li t, the duty wa intended to apply to crud gyp urn. What wa und.er~tood a crude gyp urn wa the gyp~um that wa hot out of the mine and loaded on the car without any handling or change whate,·er from the mined product. tic pro- Thi i what ha happened. In Canada now they are not hipping that crude in the :hape in which it come· from th mine, a it · shot out by th bla t of powder, but they trim it off and make it into ~·maHer piece . A que tion aro e as to that, and an appeal wa. made by the local people to the Treas­ ury Department as to whether that was crude gypsum or not. The fir ·t deci ion wa that it wa not. Then it carried a rate ot 1.40 a ton, a~ provided by the act of 1922. A further appeal wa. taken, on the ground. I uppo e, that additional eviden had been di covered, and the Trea ury Department decided that the product wa~ crude gyp urn, and that b the deci ion that tand · to-day. The crude that came in in 1922 was--and C'on­ gre . had that in mind in fixing the tariff-the gyp urn thnt wa. . hot and loaded on the cars in block.,, in the shape in which it came out, but to-day that kind of gyp urn i not shipped from Canada, nor i · that kind of gypsum hipped from Mexico. The greate t competition comes from Mexico, becau e it i. there in unlimited quantitie and it is hipped in boatH to J.. o Angele and San Franci.,co at a rate that ha re. ulted virtually in closing all the milL in the West. That enable them to par­ tially manufacture, although it is not actually manufactured. Mr. WALf'H of Ma~ achusetts. Mr. Pret:ident, do not the importer. claim that the cru. bing to which the nator ha And that decline i · repre- r ferred i for convenience in shipping, and that the co t is negligible, amounting to about 2 cents a ton? That wa the evidence before tl1e committee. ... Ir. MOOT. It co. t more than 2 cents. l\Ir. W AL n of Ma ..·~achu ett . The crude gypsum i fir t cru~hed o a to make it convenient for shipping. Mr. l\!OOT. ometime the block were o large that a man were could not handle them and could not take them out with an oruinary .,hovel, o it wa quite expensive to handle tho ·e big block.·. But now th y get them in. little piec .· about 0 inch ' l J:.~LAJ. • . 'l'hnt i right. That i' in tons-~hort quar •. Mr. COPELAND. It iN really the fir t tep in the manu­ Ia~snchu - etl.'. In ton ; ye". In 1926 they facture. Mr. W AL H of 1\Ia achu etts. 'l'his is what the Treasury were 82 ,619 Department decid d : The Tt·easury Department upon investigating the question at the fn­ tance of certain manufacturers found that the reduction in anada did not di. pense with uny opE>rntion of manufacture in this country and that the rock wa reduced tor the ole purpo e of handling and loading and tor convenience in tran portation. The appral er's report stated that the merchandise cons! ted of rock ern hed, for the conveni­ ence of transportation only, into various size , ranging from 6 inches down to do t, and was not advanced in value or condition. The de· partment concluded that the rock as imported was neither ground nor partly manufactured but wu crude gypsum entitled to tree E>ntry. 4,000,000 Mr.. 1\10 T. That wa the deci ion. Mr. C PELAXD. It wa the la. t deci .. ion. Mr.• MOOT. Ye ; the la t decision. 1\lr. ·w AL. H of fa ..;achusett.. I continue reading: The importer. , in reducing the rock and in mechanical bundling, have no advantage over the dome. tic producers. Domestic producers reduce the rock in exactly tbe same manner and use the mechanical handling to I convey the rock to rock pile at the mill.

Mr. 4 tOOT. That do not change the ~tatement I made at all. .Mr. WALf'H of Ma ·- achu etts. I did not mean to have any infPrence of that nature drawn. 2822 CONGRESSIONAL RECORD-SENATE FEBRUARY 1 Mr. SMOOT. Everybody who knows anything about the cost In the light of the information made available through publication of of crushing rock knows that you can take a little piece 6 inches the circulars referred to, we feel at liberty to again bring this matter through and run it through a crusher without hammering it or to your attention before the pending taritf bill is acted upon in the breaking it-up, but if you try to put a big piece through, the Senate. rolls will not take it. Therefore it does cost m·ore. I do not Very truly yours, care what the Treasury says, it costs more to put a big piece-­ THE A MER I CAN MINING CONGR.ESS, a piece as large as one's body-through the crusher than _it costs McKINLEY w. KRmaH. to put through a small piece 6 inches in diameter. The VICE PRESIDENT. The telegram and letter will lie on Mr. WALSH of Massachusetts. The Senator is trying, by the the table. committee amendment, to nullify the Treasury decision. Mr. WALSH of Massachusetts. Mr. PresidE!nt, I have not Mr. SMOOT. It will nullify it if the Senator's [Mr. CoPE­ finished my inquiry of the Senator from New York, and I L.AND] amendment is agreed to. would like to have his attention, and also that of the Senator Mr. COPELAND. Mr. President, that is the old language; it from Utah. is the same language. Let me call the attention of my friend Does the amendment proposed by the Senator from Utah, from Massachusetts to this: That the whole process of the manu­ representing the Finance Committee, in any way change the facture of plaster is one of crushing. The miners in my State duty now levied upon gypsum being shipped into this country and other States combined in an appeal to the Treasury Depart­ after having been partly crushed? :glent, contending that the process now used in Canada is " par­ Mr. SMOOT. Under the present law it is on the free list, and tial manufacture." Under that construction, if it had been ac­ the Senate Finance Committee recommended that it remain on cepted, they might have bad a higher rate. But what they do in the free list. Canada is the first step, the primary step, in what we have to Mr. WALSH of Massachusetts. So that the shipments of do in New York to make plaster, crushing it, breaking it into crude gypsum which are now being made will continue to come these small pieces, before it is rolled or further crushed. in free under the committee amendment? Mr. WALSH of Massachusetts. The Treasury Department Mr. COPELAND. That is correct. says the domestic producers have to do that in order to move it Mr. SMOOT. Yes; unless there is a change. from the mine to their mills. Mr .. WALSH of Massachusetts. But the committee bas in~ Mr. COPELAND. · They used to import it when it came in big creased the duty upon calcined or ground gypsum from $1.40 to chunks. That is the way it was brought down. But they found $3 a ton? that, having the cheaper labor in Canada and Mexico, it was Mr. SMOOT. That is true. profitable to have this partial manufacture there and so have a Mr. WALSH of Massachusetts. The amendment of the Sena­ further advantage over the domestic producer. tor from New York seeks to reach the crude gypsum that is Mr. ODD IE. Mr. President, will the Senator yield? partly crushed. Mr. COPELAND. I yield. Mr. COPELAND. That is correct. I am not interested in Mr. ODDIE. I have received a telegram from the Reno Cham­ the other. ber of Commerce reading as follows: Mr. WALSH of Massachusetts. .And take crude gypsum from On account of importance to gypsum industry of Nevada, we respect­ the free list? fully urge that you support Senator COPELAND's amendment to Senate Mr. COPELAND. Yes. tariff bill providing a duty on crude or crushed gypsum of $3 per ton. Mr. WALSH of Massachusetts. In other words, the Senator wants the gypsum that is now being imported to bear a duty? The Legislature of the State of Nevada has passed a resolution asking for an adequate duty on gypsum. There are several Mr. COPELAND. That is correct. large gypsum deposits in Nevada and we are very anxious that Mr. WALSH of Massachusetts. What duty does the Senator this amendment be carried. I send to the desk a letter from the propose?· .American Mining Congress in regard to this matter and ask Mr. COPELAND. Two dollars; because the rate on the cal~ that it be read. It contains a clear and reliable statement of cined gypsum has been placed at $3 by the committee. conditions of this industry. Mr. WALSH of Massachusetts. I now ask the Senator from The VICE PRESIDENT. The clerk will read. Utah [Mr. SMOOT] if he can give us any explanation of bow the The Chief Clerk read as follows: levying of a duty on crude gypsum will increase the output of the lime producers in this country? WASHINGTON, D. C., October 1.;, 19f9. Mr. SMOOT. That is, the gypsum-rock producers? Hon. TASKER L. OoDIE, Mr. WALSH of Massachus~tts. Yes. Senate Office Building, Washington, D. 0. Mr. SMOOT. The situation as to crude gypsum has entirely Re : Free list, paragraph 1744, crude gypsum. changed in the last two years. It has only been a few years D.I!IAR SENATOR OoDIE: The United States Bureau of Mines has just since Mexico entered this market. Mexico has now or will issued two circulars on the gypsum industry, The Canadian Gypsum soon virtually take the United States trade. The mills in the Industry, Circular No. 6162, and Marketing ot Gypsum Products, Cir­ interior, in Nebraska and the Middle Western States, where cular No. 6157. These information bulletins show that "at present there is no water transportation and the product has to go by large quantities of crude gypsum are being shipped into the United rail, are not going to be affected by this proposal. The rock States" from Canada and Mexico, and that " the phenomenal growth of coming in from Mexico now is coming it at a price with which the exports of Canadian crude gypsum is due to the increasing demand it is absolutely impossible for the western people to compete of plants strategically situated along the North Atlantic seaboard"; when they have to pay the railroad hauling rate of 50 miles or also that at least one importing company " owns its own vessels." more. The United States possesses ample reserve of gypsum, but "numerous Mr. WALSH of Massachusetts. Where is the Mexican gyp- plants, though erected at very good deposits of gypsum, have had to sum going? close down indefinitely." "The records of New York and california espe­ Mr. SMOOT. To Los Angeles and San Francisco. cially are filled with such instances. The deposits in these States, being Mr. WALSH of Massachusetts. To the western coast? exceptionally large and numerous, have attracted a generous supply of Mr. SMOOT. Yes. capital for their exploitation." The same is true ot gypsum plants Mr. WALSH of Massachusetts. .And the Nova Scotia gyp~ "erected in Nevada, New Mexico, Colorado, Montana, and Oklahoma," sum is going to the eastern coast? as well as other States. Thus, notwithstanding the large and steadily Mr. SMOOT. Yes; that is where it goes. increasing demand in the United States, we find home mat·kets, especially Mr. WALSH of Massachusetts. What ·the Senator from New the great metropolitan areas, being taken by Canadian gypsum to such York [Mr. COPEL.AND] seeks to do is to offset by a protective an extent that independent interior plants can not reach beyond the duty the difference in the freight rate and the ocean rate in near-by territory in which they are located, and which can absorb only a the handling of this product? comparatively small portion ot their production, actual and potential. Mr. SMOOT. What he is trying to do is to offset the cheap With these considerations before it, the American Mining Congress wages in Mexico in the production of gypsum as compared, for urged at the bearings that crude gypsum be placed on the dutiable list instance, with the wages paid in the production of it in Nevada, at a rate of duty that would protect the independent domestic producers Montana, Utah, and other Western States. The Mexican labor and insure the development and full utilization of the enormous domestic employed in this work is the cheapest kind of Mexican labor, deposits in the United States-New York, Iowa, Michigan, Texas, Cali­ and Mexican labor as a whole is the cheapest labor there is. fornia, Nevada, Wisconsin, Illinois, Minnesota, Utah, Ohio, Arizona, The freight rate from the Mexican shipping point to Los New Mexico, Kansas, Washington, Virginia, Wyoming, Montana, and Angeles and San Francisco is less than the cost of hauling it others. 10 miles in the United States. · 1 0 CO.l GRE SIONAL RECOPJ)-SE.LTATE 2823 Mr. W AL n of Mtt :achusett . I am not o famtllar with in the debate he never heard it proposed that an increa ed duty th w tern con t a. I am with the ea tern coa t. But it is a on gypsum would help the lime indo try. fact, 1: it n t, that if people on the ea tern coast are deprived Mr. ROB ION of Kentucky. The amendment doe not in of th gyp ·um tb y now get from Nova eolia they will have any way propose an embargo on the importation of gyp um and to pay in ubHtitution for the li~ht oc an-freight haul the heavy that will not be its effect? rail-fr ight haul from Butralo, which th y do not now hav~ to Mr. COPELA 1 D . I do not think so. pay? Mr. ROB IO.<' of Kentucky. But it will help protect the Ir. M OT. They have to pay th freight now it they use gypsum indu try of the country? th mcrican r k. Mr. COPELA.;. 'D. That is correct. 1\I t'. WAL B of Ma ·• achu ett,. I und rstand the ocean 1\fr. R B I ~' of Kentucky. Does not the Senator also feel fr igbt p r ton on gyp:um is about 80 cent . that in that r . pect it will help the lime industry? Mr. 'M T. Eighty cents a ton? Mr. COPELAND. Let us ee what the lime a sociation aid Mr. WAT, n of Mn~.a hu etts. Ye .. about it. They ou~bt to plead their own ca e as well a any­ Mt·. MO •r. 11, no ! I do not think that the Mexican body. I hold in my hand re olutions adopted by the National r <'k-- Lime As ociation. on the 14th of January, reading as foliO\ ·: 1\fr. '\VAL II of Mn:-: n ·hu. tt.. I am talking about Nova Whereas the official record of tariff hearing before the Commit ee ·otin uow. on F'inance of the United tate~ S •nate, July 11, 12, and 13, 1929, page Mt·. ,':..\1: 'l'. The M .·i an rate is about 25 ent a ton. 50 and 511, show that the largest importer of crude gypsum ba ed Mr. WALSH of Mu. sn ·hu:ett . Th fr i ht rate to eastern hJ plea for entrance of thl material, duty free, upon the fact that duty New York nud .. ew York i' , 3.50. What will hap!) n if we uc­ free foreign gyp. um Is nece sary to permit the gyp ·um industry to fur­ <' d in putting nn embargo upon the imr>ortation of gyp, um ther invade the dome tic lime industry; and will b that New ork c·on. umer. of gypsum will pay about Wh<'reas such a request is contrary to the accepted principle of protec­ $3.50 m re p r ton, 1 the 0 cent per ton paid a oc an tive tariff; ond tr ight. Wher as in presenting his case the said importer gave no con. !deration 1r·. C PllJLA D. But w are not proposing an embargo. to the fact that agricultural lime i an e entia! Roil amendment, and Mr. '\VAI.~.'II of Ma.,sachu;~etts. What the S nator i eek- that further lnva ion of the domestic lime indu try by the gypsum In­ ing t do i to k p out gyp~um and increa: the 1 rice to the dustry will ultimately compel the American fat·mer to pay higher price dom tic produ • r. for agricultural lime: Therefore be it Mr. I>EL ND. We ar eeking to mak it po . ible for the Rcsolt•etl, Tbat the board of director of the National Lime A socia­ dom ~u· produ<· r to <'ompete with the f reign produtt. tlon, the recognized national organization of lim manufacturers, in Mr. '\VAL II of 1\!a o. •hu · tt . YeR ; by in ·rea. ·in

r ton. gyp urn, and earnestly eek the upport of all enator: to the amend­ Mr. PEI..~A.' . They are n t getting enough now; but the ment to the tariff bill which will be offered by enator ROYAL • CoP.a­ ~yp:nm proclu ·t in ew "ork i. o controll 1 by the combina­ LAND, propo. ing a fair and reasonable rate on crude gypsum. tion that when th tim ome to cut pri e , of conr. they can do it and ruin th dom tl produ<· r. We are not eeking, and 1\Ir. ROB 'IO~ of Kentucky. If the enator will yield fur­ I shull b very ony if anyon f 1 that I am en<.leavoring to ther-- imJ ~ • om thing that i. going to place an embargo upon thi Mr. COPELA.. ·D. Certainly. or~nni:r.otlon und mnke it hnpo sibl to import their gyp ·um in Mr. R B~IO~ of Kentucky. My tate has a "reat deal ot r n~ nahl . qunntlti '. limestoue that i being converted into lime for the purp e of Mr. "'ALHII of ttu~snchu. ett1-1. The cnator can ee that he building up the oil. We ba-re received a great many letters 1 going to imr>osP '4 methin t11at will make tb builders of 'ew nnd telegram from producer of lime in Kentucky advi.;ing York .~ tty pay mor for the gyp:um u · d in building con truc­ that if gyp um is permitted to come in free of duty it will tion than thPy J ay n w. finally de~ troy the lime indu._ try of Kentucky, and the net re­ Mr. ' I JiJLA •D. And the lime p ople are intere ted in .·ult will be a greater co t to the farmer of Kentucky. making it poHsibl for th m to make mor lime. Mr. WAL H of 1\Iassachu ett..,. Mr. President, will the Sena­ fr. '\VALSII of Ma achu. tt . I have the pinion of the tor yield further to me? uo.tor from N w Yot'k, for which I am grnt tul; but I would 1\Ir. COPELAND. I yield. lik to hav the '•nutor fr m Utab . plain to me how we ar Mr. WALSH of Mas ·acbu ett . The Senator from New York going to divl'rt th f."YP ·um bu. ine. to th lime producer by and the enator from Kentuck--y say they do not propose to put Jill tUng n btl'i11' n propo ·ed here by tb cnator from New York or him­ No-ra 'cotia and bought those properties they were producing . lC in r gard to gyp um, it can not and will not re ult in help­ antl nre till producing gyp. um in thi country, and tb y were in~ the lim inUU!-itry, b cau::;e of the fuct that the public i till thPn in favor of a protective tariff. Dut ju t a ·oon a they u~ln~ ~Yl :um in tt.au of lime in pla ·ter. bought the e Nova cotia propertie they come here n:king the 1\lr. ,"M OT. Th only po:-.jl>le chance "voulu be that there Congres. to let their Nova cotia product come in duty free. would bt• ~om) builclin<7 on tructed wher it i · d ired t'o u e :My purpo..:e is not to seek an embargo, but to protect in a rea- gyp:um ln~t ad of llm und they would have to figure on the onnble wuy the gyp ·um producer and the lime pr ducer in rought UJ>. It wa not brought up before the committee. Mr. ROB ION of Kentucky. There is quite a difference. Mr. WAT~ II of Ma:-:sachu ett I hav received many tele- Mr. COPELAND. The sugar indu try of the Unit d Stat s gram from iim produc I' asking u.:- to fuvor a duty on lime i confined to one or two or three States, but in at lea t 22 which would h lp the lim industry. That i why I wanted the State · thet·e are depo its of gypsum which can supply and nator'' opinion. Tbe enator tates tbat up to thi moment pt·operly supply the domestic needs. 2824 CONGRESSIONAL RECORD-SENATE FEBRuARY r Mr. BLAINE. Mr. President-- Mr. BLAINE. That is the crude gypsum, which costs but The VICE PRESIDENT. Does the Senator from New York little except the cost of quarrying it and the cost of transporting yield to the Senator from Wisconsin? it to New York City or the Atlantic coast, where Amerie&Jll Mr. COPELAND. I yield. capital to the extent of $35;000,000 is invested in plants to grind Mr. BLAINE. I want to ask the Senator from New Yprk in that gypsum so that it may go into the building trades and be air seriousness if he contends that because there may be a little devoted to the other uses for which it is designed. gypsum in my State he is going to benefit the people of my State I did not intend to discuss this question, but while I have by imposing a duty of $2 a ton on crude gypsum1 .Does he the floor I want to call attention to some very material points think we are going to displace with lime the gypsum now used respecting this product. in the building trades? In all seriousness does he contend that? Mr. COPELAND. I yield the floor to the Senator from Mr. COPELAND. I would say that in the State of Wi~on­ Wisconsin. sin where there is no gypsum, so far as I know, certainly no Mr. BLAINE. I beg pardon. I had assumed that the Sena­ gypsum f.actory-- tor had yielded the floor. Mr. BLAINE. There is a plant there. The foreign gypsum, after it comes to America in the crude Mr. COPELAND. There they have access to watel' tranS­ form, is then processed and is then used for these purposes: portation, so it would not make so much difference to them It is used as a retardant in the manufacture of Portland cement, what the price is. But it is true, I have no question, that in and it is also used in agriculture as a fertilizer. Let me say, Milwaukee and other large cities in the Senator's State, where Mr. President, that it is an important agricultural fertilizer. they are putting up an expensive building bonded to the very Gypsum, as I understand, is the sulphate of lim~ and not the limit that because they could handle the gypsum more ex­ calcium of lime, and wherever sulphur is needed as a plant peditiously, as the Senator from Massachusetts has pointed out, food it becomes necessary to use gypsum. It is used in the. they would prefer the gypsum no matter what the price might form which is popularly known as land plaster ; it is of especia~ be. But there are farmers in the Senator's State who are value and is a necessary fertilizer in every portion of the liming their land with lime. . United States where tobacco is grown. If the Gypsum Trust is permitted to go forward and import Its 1\Ir. COPELAND. Mr. President, will the Senator yield raw material and its. semimanufactured material without any to me? tariff, uses of that particular thing will drive many of the lime The VICE PRESIDENT. Does the Senator from Wisconsin manufacturers of the Senator's State out of business. yield to the Senator from New York? Mr. NORRIS and Mr. BLAINE addressed the Chair. Mr. BLAINE. I yield. The VICE PRESIDENT. Does the Senator from New York Mr. COPELAND. I took pains to find out from the Agricul­ yield; and if so, to whom? tural Department how much gypsum is used in agriculture, and Mr. BLAINE. Mr. President, I do not know who has the I .find that in 1928 when the · total consumption was over floor. 6,000,000 tons only 25,000 tons were used in agriculture. 'lllat The VICE PRESIDENT. The Senator from New York [Mr. is very interesting and I was surprised at those figures. COPELAND] has the floor. Mr. BLAINE. Do the figures which the Senator has j-ast Mr. COPELAND. If the Senator from Wisconsin desires to given represent the amount of gypsum used as land plaster? speak, I shall be glad to yield the floor to him. Mr. COPELAND. Yes; the amount used for land plaster. Mr. BLAINE. Mr. President, I have no desire to enter upon Mr. BLAINE. The Agricultural Department must certainly a discussion of this question, but I do want to refer to the be in error, because those of us who come from the tobacco­ amendment which the Senator from New York has proposed. growing regions of the country know that a large amount of I know in the limestone ridges, the limestone deposits in my gypsum is necessary as fertilizer in the production of tobacco. State, that the limestone itself in the earth is of no commercial I do not know where the Department of Agriculture got its value. It has a value when quarried and processed for what­ figures, but it did not get accurate figures. ever purpose it may be devoted to. If it is for the building Moreover, gypsum is an important fertilizer in the peanut­ trade, limestone has little value until it becomes suitable for growing industry; it is an essential fertilizer, and without it, as the building trade; if it is to be used for fertilizer purposes, . I understand, peanut growing can not be made a success. It the limestone has little value until it has been quarried and is the sulphur of the gypsum that is a necessary plant food t~ crushed; so, Mr. President, the people of my State have no fear insure a reasonable production of peanuts. along the line suggested by the Senator from New York, while, Mr. GEORGE. Mr. President, if the Senator will yield to me on the other hand, it seems to me, that just exactly the opposite I have heard it stated on very responsible authority that at1 would happen if the Senator's amendment should be adopted. least 50,000 pounds are used in the States of North Carolina and Gypsum in its raw state is practically worthless. Virginia alone on peanuts. • Mr. WALSH of Massachusetts. Is it not worth $1 a ton? M:r. BLAINE. I have not any doubt about that. I do not Mr. BLAINE. When it is in its crude state it is worth about know how much is used as land plaster, but it can be purchased a dollar a ton in Nova Scotia and about $1.50 in the western at almost any grain dealer or cooperative store in all sections portion of New York. It costs scarcely anything to break that where land plaster is an essential food for plant life. crude gypsum into small pieces, 6 or 8 inches in diameter, so Mr. NORRIS. Mr. President, will the Senator permit me to that the gypsum may be removed by steam shovels. The most ask him a question? modern machinery and the most efficient methods of handling The PRESIDENT pro tem!)ore. Does the Senator from Wis­ this product must be used, else it is economically impossible to consin yield to the Senator from Nebraska? engage in its quarrying and transportation. So this being a Mr. BLAINE. I yield. raw material, if there is in America a trust which owns the raw Mr. NORRIS. I shou1d like to ask the Senator a question, gypsum of America, the only way by which we can defeat that which is very fundamental so far as this motion is concerned. trust is to permit the capital of Americans to go where the I was just a little dumbfounded by some things which have been crude product is and import it into America in competition with said in the debate. It seems to have been asserted and not the trust. That is exactly the thing which the amendment of deni~ that a tariff on crude gypsum is necessary in order to the Senator from New York will prevent. I know the Senator protect the lime producers of this country; that lime is used never designed the amendment for that purpose, but that is the as a fertilizer, and, therefore, the farmer has an interest in it, consequence which will flow from the Senator's amendment. If and that if we put a tariff on gypsum-! do not know how, but there is a trust in this country in control of crude gypsum, we the assertion is made that that means that the farmer can not shall simply be giving into their hands a greater power, afford­ use lime any more as a fertilizer. So, it seems to be conceded ing them a greater stranglehold upon the consumers of this that a tariff on gypsum will have the chemical effect of taking product by preventing the importation of the crude material. away the fertilizing quality of lime. I do not know just how Mr. COPELAI"'i"'D. Mr. President-- that can come about, but that is one of the means that seems The VICE PRESIDENT. Does the Senator from Wisconsin to be necessary to link the farmer up definitely with a tariff on yield to the Senator from New York? crude gypsum. Mr. BLAINE. I yield. The question I want to ask the Senator is this : If the put­ Mr. COPELAND. Then, why has that not happened? Why ting of a tariff on gypsum will make lime disappear as a fer­ have not other concerns gone there and given us the relief sug­ tilizer, in other words, if a tariff on gypsum will deprive it of gested by the Senator? its fertilizing qualities, is there not danger that a tariff on Mr. BLAINE. Does the Senator from New York ask why gypsum will also take away the fertilizing quality from gypsum, they have not gone to Nova Scotia? and hence an this beautiful structure will be destroyed? It is a Mr. COPELAND. Yes. serious proposition. Here for the first time in this bill, and I Mr. BLAINE. I understand that the crude gypsum imported think for the first time in any bill in the history of the Con­ into the United States is imported by American capital. gress, we have discovE-red that a tariff on one article has ~ Mr. COPELAND. Yes; but not by competitive capital. chemical effect on another article not connected with it at all. 1930 E '1 IO ... AL RECORD-SENATE 2825 But as the result of the decision now made by t.he Treasury Department, there will be brought in more and more of thn t partly manufactured stutf; and, as a result of the activities of the trust, all of our mines will close. In my tate, half of them have clo d. I have the most pathetic letter here from the Pre ·byt rian preacher up in that region, peaking about the offering among the people because of the closing of tpese mine that have been put ont of bu iness by the combination. If that goe on, and the combination have control of the markets and of the manu­ fachiring in this country, then they are prepared to invade the lim field. At the pr sent time the amount of gyp run pia. ter u~ed in agriculture in thi country i infinite~mal, in • pite of what the 'enator bas ·aid. The Bureau of Mines says 0.004 of 1 per cent is u · d-25, 00 ton . Mr. BLAINE. Twenty-five thousand tons? The • enator from G orgla said that in a very limited area at lea t 50,000 pound wa u . Mr. 'OPELAND. Undoubtedly the Senator from Geor~in, alert and capable a be is, is mi taken about it, becnu ·e the enator from Wis- Bureau of Mine would know. Mr. BLAINE. Of course, 25,000 tons would not begin to fill the demand for thi type of ulphate of lime f rtilirer. Mr. COPELA ID. M:r. President, in order that my po~ition may be a matter of record, I wi h to introduce in the Rroono a tatem nt from the Bureau of Mines r('gnrding the u e of ~P um pia ter in agriculture, and to ay that it u. e i. largely in the 'tates of Virginia and Oregon. The PRE IDE.. ·T pro tempore. Without bjection, it i so ordered. The matter referred to i a follows : I quote figures pertaining to the total con umptlon of n~ricultural gyp urn as compared with total gypsum products ul'ed in the United lntes from the year 1923 to 1928, inclu ive. The.e figure have been compiled from reports of the United tates Bureau of Mines and show tha.t the amount or agricultural gypsum used by the fnrmer durlng these year was infinitesimal as compared with the total amount of gypRUm consumed :

Total con- sumption Total Tonnage P r ~nt Year or gypsum, imports or used in u d in including gypsum agriculture ngrkulture exports

1{123______5, 201,577 ~129 25,426 0.004 1924______5, 562,256 519, 6Z7 22,298 .004 1925------6, 3Z7, 583 M9, 281 26,001 .oou 1926------6, M-4, 828 009,387 Z7,294 .0041 1927------6, 243, 94 897,006 29,452 .0046 1928------6, 223,459 1, 121, 179 25,668 .0040

Mr. ELAI3E. Mr. President, I shall conclude vE.>ry briefly. The u e to which gypsum is put are for making terra alba­ that i" a filler for paper and cotton cloth-and p:~ment in paint . The calcined gyp urn-another addition to the proce · of prep ring the crude gypsum-is u ed for wall phtster. It ha: become of almo. t universal use in the building trade for wall pia ter and pla ter board. I doubt if there is a lumber dealer in the United States, in lar"'e and mall town. alike. \Vho hns not on hand a supply of pla ter board and wall plaster. It ha become of general use in the construction of home. , in par­ titions, in making homes fireproof. It is a material that i often u ·ed for that purpose. It i u ·ed for tiles, dom , and building blocks, dental pla ter, plate-gla~· bed , and for pottc.:ry, terra cotta, and foundry moulds. S , Mr. President, I can see no excu e whatever for impo in~ n ta...~ upon thi very es ·ential product that goes into the home· nnd upon the farms of this country, in general use for the Yarious purpo I have mentionentrol of the American portation industry which employ hundreds of thousands of seaboard metropolitan markets to points inland more than 300 miles 1 skilled workmen in all its various branches. from the coast. If Senators believe in encouraging the mining industry, upon The map accompanying the brief shows that this seaboard market is which the prosperity of this Nation largely rests, then they sufficient to enable the importers eventually to dominate the entire should give patient hearing to those engaged in that industry. United States. Similarly, the Pacific coast markets are being dominated Montana, Idaho, Nevada, Arizona, New Mexico--practically all by importers of gypsum from Mexico; and interior markets are now of the States west of the Mississippi, and many east of that threatened with competition from importations at the ports of the great river-are interested in this item in the bill. Great Lakes, where importers are now building large new plants. I shall detain the Senate but for a few more moments, the . With enormous undeveloped deposits of gypsum in this country, par­ matter having been so thoroughly discussed. ticularly those near the coast in Texas and large inland deposits in I started out by saying that California is directly interested. other States, the people of the United States will suffer a great economic We have large deposits of native gypsum in that State. We are loss if domestic markets are to be given over to the importers. We brought into competition with vast quantities of this product submit that this situation deserves your earnest and careful considera­ from San Marcos Island which is brought into California. The tion. Representatives of the domestic gypsum producers wbo are not California industry can not compete with the Mexican industry, importers will appear before the Committee on Finance to urge their and for reasons which are known to Senators, manifest, con­ cause, which we believe is most vital t<> the continuation of competi­ ceded by everybody. The question, therefore, for us to decide, tion and to tbe prevention of an absolute monopoly. is whether we shall develop our own industry, give employment Very truly yours, to our own miners, transport our own product to our own mar­ McKINLEY W. KRIEGH, ket, or whether we shall abandon the industry and rely on the Mineral Tariffs Division. foreigner. California labor is directly brought into competition with CALIFORNIA METAL AND MINERAL PRODUCERS' ASSOCIATION, Mexican labor. So if we believe in the theory of developing an San F'1·ancisco, Januarv 23, 1930. American industry by tariff legislation-an industry which is Bon. SAMUEL M. SHORTRIDGE, brought into unequal competition, ultimately deadly competition, United States Senate, Washington, D. 0. with the products of cheap foreign labor-then here is an DEAB SENATOR SHORTRIDGE : As there is no tariff on plastic rock or opportunity for an application of our theory. gypsum, this item having been on the tree list since 1922, Nova Scotia It has sometimes seemed to me that momentarily and un­ and Mexican crude gypsum is being shipped into this country. Present consciously, perhaps, certain Senators have overlooked the im­ annual importation of over a million tons has jeopardized the low-cost portance of the mining industry of America, engaged as they production of agricultural lime and land plaster for fertilizer. Domestic are and have been in enacting laws in aid of our great agri­ gypsum deposits in Arizona, California, Colorado, and other States are cultural inter~ts; and, if I may say so with respect for them, enormous, but under existing conditions this material can not be pro­ I have sometrmes thought that they have overlooked the im­ duced at a profit. portance of upholding, by adequate tariff legislation, the multi­ Request that you support a tariff ot $3 per ton on crude plastic rock farious manufacturing industries of our country. or gypsum. At times it has seemed to me that certain Senators thought With kindest personal records, I am, sincerely yours, that by advancing the rates on agricultural products, without G. CHESTER BROWN, regard to the needs of our manufacturing industry, they would be aiding agriculture. I have said, and I repeat, that when Secretary-Treas-urer. you develop the great manufacturing industries of the country, when you multiply the mills and the factories, when you cause SAN DIEGO CHAMBER OF COMMERCE San Diego, Oalif., July 12:1929. cities to grow, you are helping agriculture, for you are creating I and enlarging a market for the products of the farm. It is Ron. SAMUEL M. SHORTRIDGE, economically true, then, when we aid agriculture we are help­ Washington, D. 0. ing the city, the mill, the factory-the one producing, the other DEAR MR. SHORTRIDGE: I have for acknowledgment your telegram of consuming. City and farm, they rise or fall together. I now July 6 in reply to mine of the 5th relative to efforts of the Pacific appeal to the thoughtful Senate to assist the mining industry Portland Cement Co. and others to secure protective tariff on crude of this country. gypsum. I have here on my desk letters from bankers, from chambers The San Diego Chamber. of Commerce is hopeful that you will support of commerce, from commercial bodies, from official bodies all this matter to the fullest extent as the San Marcos Island, Mex., urging me to stand for an adequate tariff rate on this parti~ular gypsum is doing a great deal of harm to the production of this com­ article--crude, crushed gypsum. modity in California, and particularly at the Plaster City plant of the I submit that if we assist the mining industry of California Pacific Portland Cement Co., located as you know on the San Diego & of Nevada, of Arizona, of all our Western States, we shall b~ Arizona Railway, which line has a very light traffic density and therefore assisting agriculture also. We shall be assisting manufacturing needs an increase in tonnage rather than a decrease. industries. We shall certainly be assisting those immediately You no doubt realize that one of the reasons the San Marcos Island, engaged in the mining industry. Mex., gypsum is able to compete with the Plaster City gypsum is the I do not wish to delay a vote upon this question, Mr. Presi­ very low e<>st of water transportation from San Marcos Island to Cali­ dent, by elaborate argument. Instead of reading and comment­ fornia ports as compared with rail transportation from Plaster City. Ing on them, I beg to in~rt in the RECORD a few of many let­ Another item is that production costs at San Marcos Island are con­ ters and telegrams from responsible persons and associations siderably lower than at Plaster City due to very obvious reasons, in· bearing immediately upon the matter under consideration eluding low-wage scale paid Mexican laborers. wherein it is pointed out that in order that we may go forward Assuring you that we appreciate your efl'orts in this matter which and continue in the business of mining gypsum in the United we consider serious, I am States by the employment of American labor, this suggested pro­ Very sincerely yours, tection is absolutely necessary. C. F. REYNOLDS, The PRESIDENT pro tempore. Is there objection? Manager Traffio Department. 1930 IO ....:rAL RECORD-SE~..,. TE 2827 I s N Dn:co, CALIF., Julv s, 19!9. Under ·tnnd the Utah and Colorado gyp um producers have had this flon. A tuEL l\1. liORTn.tDOE, matter up very actively with Senator M:OOT, chairman of the Committee' Renate 0/Tlco B1sildhi(J: on Finance, and he is very familiar with the situation. Jam<'s A. Kell r, vic pr .ldent Pacific I'ortland Cement hn called Would appreciate ' 'cry much when this tarur bill is considered by the my t t <'ntlon to serious in ronda Nova eolian nncl It-. knu gyp um and Senate Finn.nce Committee if you will u e your best etrort to have a primarily Mexican yp . um from •an Marco 1:-;lnud making on their reasonable duty e tabll~hed on gypsum and gypsum products. ~llfonlla bmdu' H. The tonnage o! the Pacific l,ortland Cement orig­ Yours very truly, in t . nt Jllaster tty, n. stnttoo on line of the 'an Diego & Arizona. J .UfliJ A. KELLFm. I ullwny. You nre pN'fiOnally well acquaint d with hi tory of the an I>l 1;0 • Arizona It ilwny nnu th part it play in the development of Los A..'iGELES, CALIII'., Marc1• 5, 19!9. an Dlef('o nnd an Diego ounty. A continuation of thh; comp Utlon Ilon. AMUJ:L M. HORTRIDGIIl, will t>rlously nfi'ect the r venu ot the San Diego ~ Arizona Railway United States Senate, 'Wasllington, D. 0. to the poH. 1bl tent of having the plnut do ed ntlr ly unle. s .,ome DJDAR SE>ATOR: We de ire to call your attentlon to the serious need prole tlon 1~ niTord<.'r to compete. I per~o>onally fe I that theTe is now come in free of duty, and others at a very low rate, nud of which D! d for prot ·tlon both bern n~e ot tbe Rt>riou inroad!:! our r venue a.nd mnterial we have practically n.n endless supply within our own State, to mabl Am ricnn munutnctur rs to continue opet·ntlon. to say nothing of the vast amounts in othet· bord<'ring States. . T. MERCIER. • Raw and semima.nufuctured gyp um is brought into the United States free of duty from Mexico and British Columbia, mined, crushed, and SAN Dmao, ALII'., Jttll/ 6, 19!9. handlt'd in every way by foreign lnoor nt a very much lower wage cost • nutor AM EL M. SnunTntOOlll, thn.n 1. paid in the United State for the snme kind of work to our Was11lt1Qton., D. 0.: ~merican laborer by American mnnufacturers. This gives such im­ 'nn Dl go bnmb r 'omm rce mphatlcnlly upports etrorts Pacific porters u very decidt>d advantage over all other manufacturer~, which Portland ' ment Co. nnd other to •cure prot clive tariff on erode enables them to set the price and which bas, as a re ult, created a gyp~um to nuble lhcm ompete with nn Mnrcos, Philippine I lands, busine s war to tbe extent that all except the favored ones have been 1\le. l<'o gy1 um. Incr tl.S('(] importution an Marco gyp um past few losing money over a long period of tlmc. Thl is not a healthy condi­ y •ar. b t intli o.tlon n(>('(} tor protectiv tnl'lff. If hnportatlons continue tion. While it benefits a very few, it injures the business ot all others incn•u , Pinal r tty plant will be eriou ly injur •d. nn Diego Arizona directly and many others in nn indirect way. Rallr nd nJ~o lnjur d in any curtailment produ tlon, n gyp um and lt we are to maintain the present high wage scale ln this country, plnatet• tl'tltllc accountt~ for ·ub tantlnl part thelr r venue. This road which both manufacturers and employees now approve, then indu tries ne ds tonnage. au lurco gyp ·um bas pr v nted Pln t r City gyp um so nJrected must be protected by higher, proper tariJr to enable them g ttlng into Philippine,· nnu Orient. Prot ctlve tnrltr DC(' sary to pre­ to do o ; otherwise they will be compelled to return to a lower scale of V<•nt an Marcos ruining outhero Callforuia pt·oductlon and market. wages ns the only alternative. Urg contlnuanc your support. There is only one impot'ter on this coast, so far as we know, who SANDI 00 RAl\fBER OJ' COKMERCZ. argues that a taritr would ruin his bu iDess and that thev can not enter into market over 20 mile· inland from where their piaut ls located. PACIFIC PORTLAND CJ:MlllNT CO., How ver. some of their product is manufactured into other materials and distributed in almo t evet·y city in the State and into other States Srm Frartc · co, Mau 13, 19t9. as well; also to Au tralla and in the Orient. Probably 80 per cent of Uon. •'AMUillt. M. HORTRIDOB, their product manufactured here is marketed and us d in and around Unit State1 Scuate, WasM"gton, D. 0. a the vicinity of Los Angeles, and the same applie to tbelr other plants l!lAR , E' •t Mnxlcnn and ova colla competition, pr dis­ If a tariJr were placed on such imported products, even to a point patch ~ elate quott• r comm ndatlon of Way and M<'an ommlttee for rt>udju!ltm nt propo. ed prot ctiv turUI vnrlou Am rlcnn commoditi , that would bar importation, it would be folly to ay that it would ruin gyp um not includ d; appreclut if would look into matter. Advi ·e i! such Importers' bu ine.s, a it would not prevent their obtaining their pr dlf!pat<'hc cort·t•ct. Tbunks." material within our own State on an equal btl i with other competitors Th lndPpend nt gyp. um produc r throughout tllc United Stutes ar and produced by merican labor. Products tran ported by railroads exit mely disappoint d that th IIou:e bill diU not include a rcn:onable creates good labor conditions and 1ncrea es business in various direct duty on gypsum. Wh n the blll r<'acbe the Committee on Finance ot anu indirect way , and will also develop some of tbe idle depo its of the ' nnt we know w can count upon your cooperntion, a indicated in equally as good or b tter materinl than that which is impo~ted, whicll th • v ral 1 lt r. r lv d from you t11 p3 t year. would develop property in various way and add great wealth and taxes W ar inclo lng you o a <·rlptive chart in relation to the gyp. urn to , tates from variou ources created by . uch home dcv<'lopmcnt. It lndu11t ry in the l nlted It l.Ddicates the importation of crude would leave the importer on the same basi as our home producers, and gyp um to th nit •d their opportunity for profit would be equally as good a all other manu­ facturer in the same line of bu in Y ar Ton On the Atlantic coast there i the same situation. One of the manu­ lfll ------50.6~~ facturers of the four or five who import their material from Nova. 1 ~7 ·------2 ,010 10:! ( 1•st1mut d) ------1, 000; 000 cotia clo.lms there is no material nearer than 400 miles to the coast Tll• !'l it uutlou, UH fur ns we ar cooC('rned in ullfornia, cit! s. but that is where the great population i , ther fore the greate t 1h r w rt> imp rt d into the Lo Augele dil;trlct: markets. He further ays that not over 15 per cent of imported ma­ Y at· Tons terial goes inland more than 30 miles. Why should it? When it hns the vast majority of the greatest market on this coast. There i8~¥ _ - ~: :::::::::::: ::::::::::::::::::::::::::::::::::::: :~:~~~ is no ne d of penetrating farther than the environment of the e 1028 ------6~ 6 8 great con t center . Their argument ls wholly ridiculous, for the rea­ It I (' tlmuted tbnt th total con. umptloo or the manufactured com- son that the e coaRt importers could get this raw material within tho modity. pln ter, in tb outht>rn nllforuia mnrl;:et amounts to from nme distance a those who manufncture at their home deposit and 1 0,000 to 200. 00 ton l)('r annum. have to hip their manufactured products to the e large coast mnrket , 'l'l.u• lmportt•rt-~ of l\1 . 1 •an gyp um nr nole to obtain a freight rate a it is no farther from the deposits to the markets than ft·om the tt·om ~ nn Murcos I ·land, Mexico, to Long B acll, Calif., a di tance ot market to the depo it·. 1\JIIll'!l ·lmnt ly 1,3 mile . 1.50 per ton. 'yp. um i converted into If the Atlantic coast manufacturer imported all material from tllelr pi•\Sit'r at t11nt point and Js b uleu to Lo An ~lc and all intermediate own interior d po. its, of which there are plenty in New Yotk and x>olnta In th mvtropolltnn nr a at a maximum truckln rate of 0 cent other tate , it would add a large increase of bu ·tne to the railroads I• I' b)Jl. . between the deposits and their larg t market , which would mean 'l'ht' chnrt lndlt·ntP tnh producer pay a freight rate to Lo many more of our own laborer employed, the increase of railroad An~rt•le~ ft·om GY[)Sum, tab, 711 mile , ;:; Pl'r ton. equipment, and con umption of American supplie than is now paid or 'rh N vnun pruducer~ from Arden, Nev., 3~1 mil . 2.70 per ton. consumed by the few men who bring their material from Nova Scotia l'laRt •r lty, nllf., wh t't' om· plant is locat d, 230 mile , 2.20 p r and Mexico. The lack of protective tariff bas prevented many from ton. developing their property. t h chnrt hulicat . I xlcan gyp~mm can be landed at Lo Gyp um and gyp um products l the specific commodity which we An t•le H rb J', manufnctur tective I offer my own personal testimony, that there are few States tariff-to some extent, in some instances, a prohibitive tariff. on the Atlantic seaboard in which is produced more lime or in But whether we call it a " protective " tariff or a "competitive" which tbe lime-crushing industry is more lively than in Virginia. tariff the Senator from New York has submitted facts which l\Ir. COPELAND. Mr. President, may I say to the Senator I think entitle this par-ticular article, crude gypsum, to the that Virginia is the one State in the Union more than all others rate of tariff duty which be has suggested, namely, $2 a ton. making use of gypsum plaster? Finally, I shall be glad to have my friend from the great Mr. SIMMONS. Oh, no; the Senator is mistaken about that. State which be represents consider that there is such a thingi Gypsum is used in the peanut industry. About 10 counties in as a "taliff for revenue purposes" also. It may be that I shalf Virginia use gypsum as an application to ground devoted to the offer an amendment to the bill asking for a reasonable tariff on growing of peanuts, and about 10 counties in North Carolina. a certain product now on the free list, and ask for its approval, Mr. COPELAND. I appreciate that, but I want to remind the upon the sole ground of revenue to be raised. I think I shall Senator that the Bureau of Mines says that the total amount of be able to show that we can :raise about $45,000,000 revenue gypsum plaster used in the United States last year was 25,000 by putting a very, very reasonable tariff duty on a certain tons. So that must mean that Virginia and North Carolina use tropical product. As to the item before us, I earnestly hope all of it. we shall adopt .the amendment of the Senator from New York Mr. SIMMONS. Those figures are entirely misleading. I for both protection and revenue purposes. know something about them. Mr. GLASS. M'r. President, I think the Senate has thor­ Every man who plants peanuts understands that it is neces­ oughly well understood that, perhaps, since the retirement from sary to use land plaster, as it is called, the product of gypsum, public life of my former friend and distinguished colleague in in order to grow the nut. That is applied after the plant has the other House of Congress, Representative Fordney, no Mem­ come up and is ab6ut half matured. The planters use from 200 ber of either branch of Congress has mo're completely identified to 400 pounds of that per acre. There are about 40,000 farmers himself with the theory ·of a Chinese w.all around the United in North Carolina and Virginia who are raising peanuts. In States than bas the distinguished Senator from California [Mr. 10 of the North Carolina counties it is one of the chief crops. SHOR'.rnlDGE]. In those counties it ranks next to cotton and tobacco as a chief I am a little disposed to take a moment of the time of the money crop. Senate to protest againSt his profanation of the memory of Mr. 1 19:30 coj_ ... GRE i I ...... _A.r_j RE 0R - E ... T TE 2829 J 'fl't•r:4 n nnd, Jnuch n natur aH to make it transportation ginia said the propo •ition to put a tariff on thi particular v •ry far from the min its >If prttcticnlly prohihith- and that art!cle wa nb urd or economkal1y unsound. :May I remind th n•for' th r • hould b no ·o-call d. prot ·tivc tariff u n tlle him-- pr dnC't. If AI ·1mder Hamilton were to come to life to-day .Mr. GLA . I did. not . ay " ab urd ' b cau~e I would not he would not on :1 aking term with the RE 'IDENT pro t mpor . Doe the nator from Vir- returie of the Tr a ury, one of whom wa the present junior ginia yi ld to th nntor from alifornia? Senator from Virginia [Mr. Gus ] . However uneconomic or Mr. G!JA ' . I yi ld. however uu 'ound it was or may be now to place a duty on Mr.• "II Rl'RIDG.ID. I have not hi wriling at hand, but gyp um coming from an 1\farcos I land or coming from Nova b<'Cor w adjourn n t Jun or arli r I hnll take the liberty cotia, the Senator will remember that the tariff' act of 1 97 of inc:orporatin,. in th H.E ORD tb very words of Thoma Jef­ placed gyp. ·urn on the protective li t at 50 cent· per ton. ft•rs n. l\lr. "WALSH of Ma sachu ·etts. "What tariff act wa that? ft·. GL.A H. I have me familiarity with them my elf, and l\1r. BORTRIDGE. The act of 1 7, according to my recol- of .Ah.>xtlllrl r Hamilton al . lection. ' 1\It·. II RTIUD E. I have ort of a nodding acquaintance Mr. W AL B of l\la ~achu . etts. It wa made nbject to a with th hi~t ry of my country and the work of Jefferson and duty of 50 cent. a ton in that act. IInmilton. Th • nutor ft·om Virginia hru not a profounder Mr. BORTRIDGE. Bas the Senator the rate under the ad.miratlon for Thoma.' J ff rsou thun I have. Democratic act of 1913? Mr. LA.· . Th r al point in tb dl:-;cus ·ion, the v ry crux Mr. "~ AL B of Ma sachu ·ett . Ye . It wa. reduced in 1909 of th whol problem, i th fact tllut thl· i a product of the to 30 c nt per ton and in 1913 it was reduced to 10 Iler nt ad mine whlch cnn not be tran ported far away from the produc­ valor m, or about 15 cent per ton. In 1922 the duty was re­ t!\· our ·e without making its co ·t prohiblth·e. I a· ume that mov d and it wa placed on the free li t, paragraph 1643. The is tll • r a n why all of the u r of gyp ·um on the Atlantic ommittee on 'Vay and Mean recommended that it be kept on c board, nt 1 a.t o far a. I hav been inform d, are in favor the fr e li t. r It g iug on th fr U t. Ev n th min r. of gyp um in the :Mr .• HORTRIDGE. I do not engage in this colloquy for the outhw st ru purt of my 'tat , fur r mov d from the aboard, purpo ·e of embarra sing anybod.y, hecau e we ..ometimes mo­ and th proc :or f the pr duct ha"fe a. ·ured me that they mentarily for"'et the e thing·; but I have carried it in my mind want it on the fr • U ·t. Th re may b one or two of tlle lime­ to this day that gyp um wa on the prot ctive li t under the grinding plant!:! in my tnte who regard the mod rat u e of act of 1897. It wa. reduced by the act of 1909; it wa. further gyp. um in the peanut · tions as in comp tition with th m, who reduced by the act of 1913 ; and then, in 1922, the Republican favor u tnx n gypsum; but a a. general prop~ition both the Party-! thouoobt then and think now-abandoned its t11eory, pr<><:PH. or· and the us r' of the product in Ylrginiu are in favor apostasized, and put crude gypsum on the fr e li t. o we ee f it going on the fr li t. that n tariff duty on gypsum i no new thing, and we are now I will ay to the nator from alifornin, peaking for my- asking for a rate which will be ad quate. ~lf, that Virginia through me ha ne-ver a:-~ked for a pr tective Mr. W AL B of Ma achu ett . But, of cour e, in no tarifl tariff on nny •ommodity that involv as totally an economic im­ rat was any uch rate a i propo ed here eveL· ur"'ed. possl ility n: do ' gyp um. Ur. HORTRIDGE. I grant you that. tr. WAL~l I of Mussachu tt . Mr. Pr . id nt, confirming .1\lr. WALSH of Mas ~ achu etts. Fifty cent per ton wa the whut th '€)nntor from Virginia ha ju:t ta.ted with ref renee high t rate proposed. t th tn·odu · r of gyp ·um In h tate, I would. like to have Ir. HORTRIDGE. I grant that. t h 1 •t·k r t1. ity for cheap food tuff he finally, reluctantly, con. nted to the r peal of the . o-called corn law , which con_titutro a llnTAt.'-TEED PliOOUCTS ORPORATION, tariff on agricultural foodstuffs, but he said-- New York, July 10, 1.929. :Mr. BARKLEY. Mr. President-- A 'rLANTIC YPSU t PnoouCT Co., 1\lr. HORTRIDGE. The enator from Kentucky will corre-ct ~0 Rector EJtJ·crt, Ncto York Olty. me if I quote inaccurately, becau"·e I know he r member· the OI'JAR •ms : In r .ply to your r('(!uest for our po ltlon on the que tl.on exact word of Sir Robert Peel- ir Robert Peel aid, " I re­ ot a tnrHI on gyp um, w ad gyp, nm nt the pr s nt time. the Democratic tariff bill. We know tbut some of th manufacturer located prlnclpnlly in .l'lr. HORTRIDGE. It was never rai ed by that bill? we tern N w "ork hnv support d the npp nl for a tnrilf, n movement :Ur. W AL. H of ~laSl achu ett . It wa reduced to 15 cents we r<>pNttedly r ru. cd to join. W preferr d tb n and now pr fer to from 50 cents. r tnln t\ n<'utrnl poH!tlon In tb matter. ... Ir.• HORTRTDGE. I . poke inaccurately, but I wa going We nr frank to stntt', how ver. tbut the pre · ut dls trf'. In the to pay the Demo ·ratic Party n tribute. Howevet·, I r ..erve to Industry Ia not, in our opinion, due to tbe importation of gypsum_rock. myself the right " to <'hange my conduct "-a right E>very 2830 CONGR.ESSIONAL RECORD-SENATE FEBRUARY 1 thoughtful man should reserve to himself, the right to change Mr. SHORTRIDGE. I have regard to the consumer, of his conduct "according to the exigencies of the times," to re- . course. It may possibly increase the cost to the consumer ; but' peat the words of Sir Robert Peel. The time has come now­ that involves the great question of the producer and the con­ and of this I am sure--to place such a rate on this commodity sumer, and there is no class in America that is wholly made as will assist the mining industry of the different States of the up of consumers and no class that is wholly made up of ' Union. producers. Mr. WALSH of Massachusetts. What rate does the Senator Mr. TYDINGS. A considerable portion of gypsum is used from California favor? on the farms in the shape of fertilizer, is it not? Mr. SHORTRIDGE. I favor the rate the Senator from New Mr. SHORTRIDGE. I believe so. York has urged-$2 per ton. Mr. TYDINGS. Therefore, if we increase the cost of gyp­ Mr. WALSH of Massachusetts. The Senator favors it, how­ sum we will increase the cost of the farmer's fertilizer. ever high the rate proposed by the Senator from New York Mr. SHORTRIDGE. That is quite possible. may be? Mr. TYDINGS. I just wanted to get straight in my own Mr. SHORTRIDGE. In point of truth, and to be entirely mind the facts with regard to this industry, and I thank the frank, let me add that the American Mining Congress and asso­ Senator for his very frank and honest answers. ·ciations of miners in every mining State in the Union have Mr. SHORTRIDGE. I am not embarrassed by the questions favored a rate of $3 a ton; and so do I; but I shall be very or the answers I have given to them. I wish to say to the Senator grateful for a rate of $2 a ton. from Maryland that, as a rule, as a number of industries in Mr. COPELAND and Mr. BARKLEY addressed the Chair. America are developed, by competition the prices are held down; The PRESIDENT pro tempore. Does the Senator from Cali­ but if those industries in America be destroyed and we become fornia yield ; and if so, to whom? dependent upon the foreigner we have no redress and will pay Mr. SHORTRIDGE. I yield first to the Senator from New just to the extent of our ability to pay; they will extort from us York . or demand from us just as much as they can induce us to pay. . Mr. COPELAND. I think the RECORD ought to show exa,ctly Therefor~ what the tariff history is in relation to the duty on gypsum. Mr. TYDINGS. May I say to the Senator from Califor­ The duty carried in the act of 1897 on crude gypsum was 50 nia-- cents a ton, on ground gypsum $2.25, and on calcined gypsum Mr. SHORTRIDGE. If the Senator will permit me to finish $2.25. . th,e sentence--therefore I believe in developing the American In the act of 1909 the duty on crude gypsum was 30 cents a industry and ·becoming independent of the foreign producer, ton, on ground gypsum it was $1.75 a ton, and on calcined gyp­ thus giving employment to our own people and ultimately pro­ sum it was $1.75. ducing in quantity a given article at a less price to the con­ In the act of 1913 a duty of 10 per cent ad valorom was placed sumer than the consumer would pay for that article if he upon all t11ree--crude, ground, and calcined. It was not until had to look abroad for it. 1922 that crude gypsum was placed on the free list. Mr. TYDINGS. Will the Senator permit me one or two Mr. SHORTRIDGE. That is correct. more interrogatories? Mr. COPELAND. While on ground and calcined gypsum the Mr. SHORTRIDGE. Certainly. duty imposed was $1.40 a ton. Mr. TYDINGS. As I understand the situation, gypsum is The reason why gypsum was left on Ute free list was because also largely an ingredient of cement, is it not? of the building crisis that was on at that time and the necessity Mr. SHORTRIDGE. I think it enters into the manufacture of placing all building materials upon the free list, in order that of cement. building might be accelerated. That time, however, has passed. Mr. TYDINGS. On yesterday we voted to keep cement on Now, in my judgment, it is time that we levied an additional the free list. tariff for the protection of the American industry. Mr. SHORTRIDGE. We never ought to have done so. Mr. SHORTRIDGE. Mr. President, we can not call back yes­ Mr. TYDINGS. I understand the Senator's attitude, but I terday, but we can appreciate to-day, and we ought to be able am trying to follow the logic of our valious tariff apostles. to lift the curtain and look into to-morrow, in dealing with an Mr. SHORTRIDGE. I admit the condition is chaotic. existing condition. I believe that if the facts and conditions Mr. TYDINGS. In other words, we voted to keep cement now existing had existed in 1912 or 1913 and had been called to on the free list and now, if this amendment shall be adopted, the attention of Congress and to the attention of the then great we are going to place a tariff on one of the articles that goes President, the rate would have been at least 25 per cent ad valo­ into the manufacture of cement. I had occasion recently to rem rather than the 10 per cent, which was the rate fixed in present to the Senate the condition of a concern which for five that bill. years bad been losing money, which for five years had paid no Mr. WALSH of Massachusetts. That was a very radical dividends ; its business was declining, but the Senate did not reduction as compared to other rates. agree, in the interest of taking care of the consumer, with the Mr. TYDINGS. Mr. President-- views which were offered in an amendment which would have The PRESIDENT pro tempore. Does the Senator from Cali­ given the business some relief. fornia yield to the Senator from Maryland? Mr. SHORTRIDGE. What business was that? Mr. SHORTRIDGE. I yield. Mr. TYDINGS. The amendment was offered two or three Mr. TYDINGS. As I understand the figures, about six­ days ago. sevenths of the total gypsum used in the United States is mined Mr. SHORTRIDGE. What was the article involved? in the United States and about one-seventh is imported. Are Mr. TYDINGS. The article was hats. Now that is the those figures correct? situation-- Mr. SHORTRIDGE. If the Senator from Maryland bas the Mr. SHORTRIDGE. If the Senator will pardon me, as I figures before him, I presume they are accurate. recall, he favored a certain rate of outy on hats, and the Mr. TYDINGS. The reason I ask the question is that the im­ Senator will remember that I was with him on that propo­ portation of gypsum, as well as the mining of gypsum, is sition. divided into many classes, and I wanted to ask the question pub­ Mr. TYDINGS. I so understand. licly, to see if my own estimate was substantially that which is Mr. SHORTRIDGE. And I always shall be. agreed to here on the floor. Mr. TYDINGS. What I am trying to bring out now is that Mr. SHORTRIDGE. Has the Senator from Maryland any the Senate was very much interested in the consumer at that authoritative statement on the subject? If so, he might incor­ time. It does seem to me that the facts in the case I then pre­ porate it in the RECORD. sented were stronger than the facts in the case now before the Mr. WALSH of Massachusetts. I think the statement is Senate, since in the case of gypsum plants are operating and correct in general. in some cases are making money. I want to find out if the rule Mr. TYDINGS. I should like to know if any concern which for making tariffs in the Senate is going to be uniform or~ is engaged in mining gypsum in America is losing money? whether or not we are going to vote just the opposite on two. Mr. SHORTRIDGE. I know of some that are. propositions that come within the same category. Mr. TYDINGS. How about the industry as a whole. Mr. BORAH. Mr. President-- Mr. SHORTRIDGE. I think it is by no means prosperous. The PRESIDENT pro tempore. Does the Senator from Cali­ Mr. TYDINGS. Are the plants operating? fornia yield to the Senator from Idaho? Mr. SHORTRIDGE. Some ~reoperating with a very greatly Mr. SHORTRIDGE. I yield. reduced number of employees and others are entirely closed Mr. BORAH. I think the -Senator from California can answer or shut down. the Senator from Maryland by saying that, so far as he is con­ Mr. TYDINGS. How will this increase in the tariff on cerned, the rule will be uniform. gypsum affect the consumer? Mr. TYDINGS. I think that is true. 1930 co ... RE IO AL RECORD- E1. ATE 2831

som<~tim think I am almo t the Mr. COPELA...""'D. February 13, 1929. It relates to the year 192. :M:r. W AL H of Ma ... ·acbusett . Does it refer to the fact that the dom ·tic indu try wa affected by tbe decrea e in building 01 eration' Mr. COPELA1~D. No. Mr. W AL H of Mn~sacbu ·ett . Of cour e it was affected by that. Mr. OPELAND. Undoubtedly it wa affected, but-- Mr. TYDI 'GS. But till tbe Senator hru not tated whether or not the local concerns were making money. What I want to know i~, ar the gyp ·um mine in the United State making any money; and if o, bow much? • Mr. C PELAND. Almo.·t the only mine that can be said to b making money are those owned by tbe United State Gyp um Co. The independent min r are not making money. Now the charge i made-! do not want to make it, becau e I am very fond of Mr. Avery, and I do not want to criticize him or hi company-that where there is a fine, going concern it i not \ery long before the United States Gyp .. um Co. is there, and the loug r thi great organization opernt the fewer independent companie. there will be. On gr at concern in m~· State, at Buffalo, has ju;·t gone over, ha' been bought out by thi concern; and when they have po e - sion of all of them the con umer that we are peaking for o loudly and so earne tly to-day will be utterly at the mercy of thi great combine. Mr. W AL H of 1\la .. achu ett . Mr. Pr ident, will the Sen­ ator yield? Mr. TYDINGS. I yield to the Senator from fa ·acbu. ett . Mr. W AL H of Mas acbu tt . I think the tatements of the enator from New York are omewhat mi leading, though not intended to be ucb. Wll n be speak of the domestic pro­ ducer~ of gyp urn, he mean variou.. companie organized in this country that quany gyp om-American-owned coml)anies. Mr. COPELA.1 rD. That i correct. Mr. W AL H of Mas. achu ett . In addition to that, there is the United tate' Gyp~um o .. to which he ha · referred, which i an American company owning mines in Nova cotia and im­ porting gypsum to point along the .. eaboard where it ba er cted plant· for the manufactur of ~YP um. In addition to that­ and here i · where the Senator' tatement fail to indude the whole picture-there are eight oth r importer of gypsum who were haY plants here where they com·ert the crude gypsum into the :flni hed gypsum for the market. o the Unit d tate Gyp.·um Co. i not the only importing i • million dollur on gro sales of company. There are eight other importers along tbe seaboard who import gyp ·um from Canada. nntor will let me Mr. TYDING . But, a. I undet· tand the matter-anbtlnd lpbia, Detroit, Mr. OPELAND. But the United tate Gn> nm Co. ha a Alnhll tN·, nnd Chien •o. very gr at advantage over the other companies, because it con­ Mr. TY JNGH. Mr. Pre ·ident, will the 'cnator permit an trol th patent on the ·e devices which make plaster board, int rruptiou right tller ? and royaltie"' are paid. Some of the profit it ha made no Mt·. PJiJIJA TD. . doubt are due to that. .Mr. 'PYDI ro, . \\'ill th R nnt r t 11 m what tbe profit are, l\Ir. TYDING . I want to thank the enator from New York if any, of . om of tb • I C'nl ·on rn. '! for the information he ha given me. My qu tion were 1r. <.' PEL ·n. II rc i~ th an:wer, t•ight in the same dire ted to bringing out certain point , becau~e I am very muc~h r •port. int re. ted in eeing if there i any logic about the pa age of a tt·. 'l.'YI I~ • . :Prom whnt ret)(ll't i · the ... enator quoting? tariff bill. Mr. 'OPEI,A. 'D. Thi:-~ i: the r port of Mr. H well L. Avery, Mr. Jt'LETCHER. Mr. Pre ·ident, the point lla been rai ed pr ~!"ld ut. to th t-=1 ·kbolders f the 'nit d 'tat Gypsum by th enator from New York that there is danger of forming 'orpornli 11. a monopoly here, and of one cone rn getting control of the whole Mt·. TYT>JNG . Whnt do .· he say a out the profits of the intbate. The word " crushed " here should be defined as it is used Some organizations of those who are producing limestone made in the trade. The crude gypsum is mined· by large machines, a complaint here. I know that in our State the limestone dust sometimes in great lumps. It is reduced to the size of 6 inches is so cheap that it is negligible. It is the transportation cost purely for the purpose of transportation and handling. The that imposes the burden, and every effort bas been made in our reduction cost is about 2 cents a ton both in Nova Scotia and State to reduce the transportation cost. The railroads tbel1\­ in the United States, and the same machinery is used in each selves made a very great reduction in order to distribute the case. limestone dust to increase the fertility on the farms by removing So far as the use of it is concerned, the transportation costs the acid element, but not successfully. furnish a complete tariff. The transportation costs, as stated I state that the product under discussion is a raw material, by the distinguished Senator from California, run as high as and the mere crushing of it in order that it may be handled $2.75 per ton for 200 miles. I know what the transportation economically does not change its character. costs are on limestone dust, the material that is used for re­ Mr. JONES. Mr. President, I think I believe as strongly in moving the acidity from the soil, of Illinois. I own a farm the protective-tariff theory as does the learned Senator from within 80 miles of Chicago; and we buy the limestone dust, as California [Mr. SHORTRIDGE]. I may differ from him in the it is termed, for about 80 cents per ton, and it costs about $1.12 application of it, but I believe in applying it wherever necessary. a ton to move it 75 miles. It seems to me, however, that in this case there is really no Some time ago we established in one of the penitentiaries of means of applying the theory so as to furnish protection to our State the machinery to manufacture the limestone dust for domestic producers. free distribution; and we found that it could be distributed only As I understand it, there are no imports of crude gypsum into within a radius of 75 miles or thereabouts, because of the this country except by water. I also understand that there are costs of transportation. no mines in this country on the seaboard, and that the freight In our State we tried at one time to sell the limestone removed rates for hauling the crude material to the seaboard in the from the sanitary district canal and thrown up on the banks, various sections of our country are practically prohibitory. I and called spoil banks. We tried to sell it for 10 cents a cubic do not see how we can remedy that situation by a tariff. yard, and we could not find purchasers. At Seattle there is a small plant which utilizes crude gypsum. The limestone in our State is so located that the farmers It must get its supply from Mexico by water. I am informed, themselves establish small quarries on their own farms to save and I assume my information is correct, that the nearest mine · transportation costs. This duty could not affect the farmers is a thousand miles from Seattle. Of course, the rail freight in the least, unless it be a penalty upon them. Limestone dust, rate for the transportation of the crude gypsum to that plant in as I stated, is not only a by-product, but it is practically a order to manufacture it into the refined material is absolutely waste product where the limestone is taken out for road pur­ prohibitory. I do not know of any other plant so located that poses; and it is sold, as I stated, for less than a dollar a ton. the rail freight rate does not prohibit the transportation of the So far as the competition is concerned in western New York, crude material to that point. I understand that the mines are about 400 miles from the sea­ The plants in the interior use the crude gypsum found in shore; and if the freight rates there are comparable to those in practically the immediate vicinity. That crude material can Illinois and in California, I should take it that the freight not be shipped any considerable distance on account of the cost on the railroads would be at least $3 per ton. freight rates. Where tt is refined-! suppose that is the term Furthermore, the free importation of the crushed gypsum, employed-then, of course, it can be transported to practically so called, has not affected, as I understand, the production of any section of the country. gypsum in western New York. I have been informed that the According to the figures given to me, the refined product, even production increased there from approximately 3,700,000 tons in of western New York, is shipped into New York City and can be 1922 to 5,346,000 tons in 1927. So the existing tariff has not sold at a lower price than that which is manufactured along the impaired in any way the prosperity of the mines in western seaboard out of the crude material brought from Nova Scotia, New York. because the cost of transportation of the crude material is Mr. COPELAND. Mr. President-- greater than the cost of transportation, proportionately, of the The VICE PRESIDENT. Does the Senator from Illinois yield refined material. to the Senator from New York? Mr. President, it seems to me, for these reasons that this is Mr. DENEEN. I do. !!O.t ~ Cf!Se which ju~tifies :the application of the principle of 1930 CONGRESSIONAL RECORD-SENATE 2833 prot ctlon, nnd I am going to vote to keep gyp ·um in the crude It is clnlmE'd that the mills in western New York are not operating stnt' on th !re li t to capacity and that men bave b en laid off becau e of importations. I hnv n memorandum which has been submitted to me, which Plants throughout the country where imported syp urn docs not enter I ask to have pt·intcd in th RECORD. at all are in the same condition. The seaboard plant are all likewl e Th r being no objection, the matter was ordered to be atrected. Tbi • is due to the falling otr of buUding and the increased p1·int d in tbe RECORD, a follow : capacity and not to importations of crude gyp um. The mere statement of the propo ed tnritr shows its purpo.. e-$3 to Oli:NERAL ST.ATl!llollliNT 3.75 per ton on a crude material worth $1 per ton. It is not a tarttr Crude gyp um is us d prlnclpn1ly for the manufacture of bolJdlng measure but ls Intended to penalize the coast companies. These plants mat rial , such as wnll plnster , plaster bonrd , blocks, and tile . It Is would simply be put out of busines with tbe attendant loss of invest­ also u d as a fertilizer. A duty on crude gyp um would increa the ment and employment of American labor. co t of buUdlng material to the home owner and of fertilizer to the fnrro r. · Mr. BARKLEY. Mr. Pre~ident, in effect this debate resolves Thcr nrc vcn importing companies, operating 12 plants. The com· It lf v ry largely into a conte t b tween two groups of Ameri­ pnnl s on the .AtlnnUc seaboard have their qunrrle in Novn Scotia can indu trie and lt is not the ordinary :fight between American and New Brunswick, •annda, and the ln~le company on the Pacific intere ts and foreign interests interested in a tariff on any par­ con t hns 1t quarrl on no Marco Isltllld, Gulf of California.. All ticular ommodity. the ·e companlc nrc completely American owned. They have an love t­ The hi tory of the tariff on gypsum i intere ting, and a little ment of 35,000,000, anu carry on their entire mnnufacturing operations hard to understand. The rate was 50 cents per ton when it was in the Unit d tat s. They import about 000,000 tons at a value of first levieu, then it was reduced to 30 cents a ton, then to 10 about $1,000,000, which Is converted in the United States into manufnc­ per cent ad valorem, which was the equivalent of about 15 tur d product.o-. nt a value of about $10,000,000. cents per ton, nnd in 1922, in the Fordney-McCumber Act raw All gyp. um manufacturer own their own deposit of crude material. crude gyp um wa pot on the free list. ' ' A few west rn New York manufacturers with their plants at their At the ume time the tariff on calcined gyp ·um was incr a ed min , nclvocnte a tnl'Jtr on the crude material of a group of American from 10 per cent ad valorem, which was the equivalent of about rna nu rn tur rs with th lr plants on the sen board and their rock 1n 25 cent a ton, to $1.40, which is the equivalent of in the neigh­ Novn. cotla. No rock is Imported e..-Sum and the domestic producers of lime, ho are seeking to ·~3 Wf'~t rn N w York. plac a rate of $3 a ton upon gypsum-becau. e per ton on 'J'hat the busln ss of the inland producer wa not atrected by duty-free the erode gyp um i what they ask, though the cnator from r k i tl monstrat by the growth. Production increased from 3,700,- New York has introduced an amendment providin..,. for a rate 000 tone in 19!.!2 to 5,346,0 0 ton in 1927 throughout the Unlteel of 2 a ton. t teA. In we. t rn Ne York it incr n.sed from 1,000,000 tons to I am quite unable to understand the reason for putting a rate 1,075, tons, an incr of 41 p r cent for the United tate as a of 1.40 per ton on the calcined gypsum at the same time that whole, whll • w York !ncr used 5 per cent. Since 1922 new plants the raw gypsum wa put on the free li t. There may be some huve JJ n built and the capacities of xL tlng plants have been greatly explanation of that action, but I have been unabl to find it, and tncrt'n d. I will say that in the study of this gyp um problem I have Tb Hlat ment that Nova cotla gypsum will be taken through the found more difficulty in arriving at a concluSion as to what is Or nt Lake i not true. There are native d posits 1n N w York State really ju t and fair than on almo t any other item in the tariif n ar Butralo, in Ohio n ar Cl veland, and in Michigan and Iown. These bill d po Jl with a sllort haul supply the Or nt Lnk s region and the Middle I think it is fair to say that the tariff of 1.40 a ton on W t, mnklng it lmpo lble for Nova Scotia ltYP um, 2,000' mlle away, calcined gypsum amount to nothing, really, becau there is to nt r. Th oo t would b prohibitive. practically none of it import d. We mined last year about A to th r clJlc coast there 1s only one manufacturer u ing imported 5,000,000 tons of raw gyp um, and sold about 4,000, 00 tons of ro k with two mall plants n.t Los Ang lea and Bcnttle. The e plants calcined gypsum, all of which wa. proces d in the United have decidedly higher costs thtlll the companies manufacturing from Stat . native rock and they sell only in th ir local markets. Los Angeles The raw gyp. um imported by the United State Gyp. um Co. 1s s rved prlnclpnlly by tbe southern California mllls which, with their and by the other companies that are engag d in importing is low r costs, control th market. No other native deposit can econom­ all processed in the United States. It is brooaht in in the Ically supply this market. cattle Is a small mill elllng 1t product crude form, i ground into the pulverized article, and then goes In the local market. The nenr t native depo It is about 1,000 mlles through a calcining proce , and is sold to the trade a calcined away. Over 90 per cent of the imports are on the Atlantic seaboard gypsum. So that there i really no calcined gyp um brought from nnatln. into the country, and thi tariff of 1.40 eems to me to e The tntcment that the seaboard plants are importing their rock nothing more than a gesture. I am unable to understand why partly manufactur d Js incorrect. Tbe rock is reduced at the quarry even that g ture was made at the ..:-arne time the raw prodo<:t to approxlmntely G·lnch slz<'s for the sole purpo. e of mechanical han­ wa put on the free list. dling nnd convent nee In tran portntlon according to modern methods. The Senator from New York has offered an amendment mak­ In nil qunrrlc . both domestic and foreign, such reduction Is a part of ing the rate ,.2 n ton, which i the equival nt of nb ut 75 per th qunrrylng op ration, the actual oost of which 1s less tban 2 cents cent ad valorem. The bighe t rate that wa , ev r phH:ed on pl'r ton. The Tr asury Department found that the material was not crude gyp um was 50 cent a ton, and gradually it went down tlnrtly m nufncturNJ. All qunrrl have used the same m thod since from that to 30 cent , and then to 10 per cent, and then it was nbont 192 , nod the dome. tic quarries which use the same kind of placed on the free li. t. mncltlnery cnn not clnlm that the for Jgo quarry bas any advantage 1n I realize the fear a good many miner of lime pr duct ' enter­ It use. tain concerning what they say is the seriou~ comp tition of

L...~XII-179 2834 CONGRESSIONAL RECORD-SENATE FEBRUARY 1 this free gypsum, which is brought into this country and is Mr. BARKLEY. The whole trouble is in the question of ground up and made into a commodity whiqh is added to transportation.. If there were mines along the Atlantic seaboard cement, going into the cement industry, giving the cement a contiguous to the mills that have been established there,-there certain quality which causes it to harden, I think, more rapidly would be practically no difference in the cost of producing gyp­ than it would otherwise harden. sum at the mine in the United States on the seaboard and lay­ So far as the use of imported raw gypsum in the manu­ ing the same gypsum down at the mill by boat. The real trouble facturer of fertilizer is -concerned, it is used for that purpose, is the long and expensive haul on gypsum into the interior. but in small quantities. I think of the total importations of Mr. WALSH of Massachusetts. That is the difficulty with about a million tons per year, only about 35,000 tons have the Senator's amendment. He provides a differential of only gone into the manufacture of fertilizer. That fertilizer is used, 75 cents per ton. The Senator from New York wants to equal­ as has been stated here, largely in a section of the country which ize the difference in the rail freight rate and the ocean freight produces peanuts, and also out in the alkali sections of the West rate. It does not seem po me your amendment would be of any the injection of gypsum into the soil gives it a certain quality benefit to the domestic industry. If the desideratum is to get which softens it, dissolves the alkali, where there is too much of recompense for the extra freight haul from Buffalo to New it, and adds to the fertility of the soil and to its moisture. York, the .amendment of the Seantor from New York is more· In view of these circumstances, in view of the fact that the appropriate. Senator's amendment seems to me to go far beyond what has Mr. BARKLEY. The Senator's amendment does not equalize ever been offered heretofore even in the early history of tariff that difference. making, and in view of the fact that calcined gypsum now bears Mr. WALSH of Massachusetts. It does almost. $1.40, which has been raised by the Senate committee to $3 Mr. BARKLEY. The difference is $3.50 a ton. His amend­ for no reason so far as I am able to understand, I am going ment provides $2 a ton. The whole thing revolves around to offer a substitute for the amendment offered by the Senator whether we are justified in attempting to equalize the differ­ from New York providing 75 cents per ton on raw gypsum and ence in the cost of freight from the mines in the interior in leaving the rate on calcined gypsum at $1.40, o,s it is in the order to protect these mines against .a freight rate which prob­ present law. I do not know whether the Senate wants to put ably they can not meet. any sort of a tariff at all on crude gypsum imported. That is Mr. WALSH of Massachusetts. But the Senator stated that a matter upon which the Senate will exercise its own judgment. was the only issue here. He said the cost of production in New But if it is going to put a tariff on it, it strikes me that the York City is exactly the same as the cost of production in Buf­ Senator's amendment in view of the circumstances is too high. falo. The difference is in the freight haul, and yet the Sena­ I am offering my substitute as a reduction in the figures here­ tor offers an amendment that will only to a small degree offset tofore named. that disadvantage to the domestic producer of gypsum. Mr. FLETCHER. Mr. President-- Mr. BARKLEY. In view of the circumstances I do not think The VICE PRESIDENT. Does the Senator from Kentucky we could afford to undertake to equalize the entire difference. yield to the Senator from Florida? I am assuming that if there were mines in New York City Mr. BARKLEY. I yield. where these mills are located, 'the cost would be practically the Mr. FLETCHER. I would like to ask the Senator if the same as for the imported article. definition " cruBhed gypsum " would not apply to importations Mr. WALSH of 1\-lassachusetts. Then what the Senator is from Nova Scotia and Canada? That is the form in which it doing is really not to give any substantial benefit to the do­ comes here now. me~tic producer, but to put upon the consumer an increased Mr. BARKLEY. The gypsum is in the form of rock which price for gypsum. is blasted in the mines by dynamite and comes out in all sorts Mr. BARKLEY. Of course, that can be figured out in any of forms. It comes out in dust and in sizes up to bowlders way that suits the mathematical tendencies of any Senator. larger than the desks behind which we sit. In order to make Mr. SMOOT. Mr. President, will the Senator yield? it convenient to load and unload and ship, there has been Mr. BARKLEY. Certainly. invented a process by which it is reduced to a size somewhat Mr. SMOOT. I do not know how the 75 cents per ton sug­ analogous to coal, to lumps ranging 6 or 7 inches in diameter, gested by the Senator would work out if we are going to take and the Treasury Department has held that that is raw or into consideration the western coast. We must remember that crude gypsum and that it is not ground. there they have the cheapest labor in the world in Mexico and Mr. FLETCHER. But that kind of gypsum would not be they have the water freight rates to the docks in San Fran­ covered by the Senator's amendment. cisco and Los Angeles. There is where the shoe will pinch in Mr. BARKLEY. Yes; I think it would. the West. Mr. FLETCHER. The fact is that crude gypsum is on the Mr. BARKLEY. In Lower California, Mexico, where the free list. To what does that refer? raw gypsum is produced, they do have cheap labor. I should Mr. SMOOT. Just crude rock and gypsum. Mr. BARKLEY. The Treasury has held that whether it is like to ask the Senator whether any of that cheap labor is im­ brought here in blocks as large as our desks or has gone through ported into California and used in the mills .there which process one process it is still crude. The Senator from New York is the gypsum? undertaking to make this tariff apply to all of the importations 1\Ir. Sl\IOOT. I do not think so. of that product by use of the language " crude or crushed." The Mr. BARKLEY. I am not informed on that subject. domestic producers are contending that the reduction of the Mr. SMOOT. What I was thinking of is that if we are size of these bowlders to a convenient size, which enables them going to make a change at all, it ought to be at least $1. to load and unload on the cars and boats, is clearly one of the Mr. BARKLEY. That is an increase Qf almost 100 per cent. processes of manufacturing gypsum, and that therefore it ought In view of the fact that heretofore there has never been a not to come in free; but the Treasury Department held other­ higher rate· than 50 cents a ton, if we are to double that rate wise. it would require considerable explanation. I realize that the Mr. FLETCHER. What effect does the Senator think it producers of gypsum and of lime in the interior, with which this would have if we should impose $2 a ton on crushed gypsum? gypsum comes in competition, make out with some plausibility What effect would it have on the United States Gypsum Co., a case in behalf of some sort of a tariff. So far as the amount who have their mines in Nova Scotia and Canada and bring in of gypsum used in fertilizer is concerned in the country gener­ the crushed gypsum? ally, it is infinitesimal compared with the total amount of our Mr. BARKLEY. Of course, the gypsum is very heavy. The domestic production, and even the imports. mills a,long the Atlantic seaboard claim they can not afford to Mr. COPELAND. Mr. President, will the Senator yield? pay the freight rate they would have to pay to bring that gyp­ The VICE PRESIDENT. Does the Senator from Kentucky sum from the mines in the interior, the nearest of which, it is yield to the Senator from: New York? claimed, are about 4<>0 miles from the mills along the Atlantic Mr. BARKLEY. I yield. seaboard, which involves a freight rate of $3.50 a ton. There is Mr. COPELAND. When I first took the floor to-day I sug­ a good deal in the suggestion that on account of this freight rate gested the insertion in the first line of the words " crude, they would not be able to maintain their mills and bring the raw crushed." These other things, as the Senator has pointed out so product, for instance, 400 miles at $3.50 per ton, and be able to well, are not coming into the United States. continue their operations on the Atlantic seaboard. Of course, Mr. BARKLEY. Here is one trouble I anticipate about the if they can not do that the result would be that they would have Senator's amendment. The use of the word " crushed" may to shut down their mills along the Atlantic seaboard. make it necessary for the Treasury Department to render an­ Mr. FLETCHER. Would $2 a ton close them down? Would other decision as to the difference between crushed and ground. that be a prohibitive duty, or could they pay $2 a ton and the Therefore I doubt whether it is really necessary to use the water rate and still live? word " crushed.'' 1930 coT RE SION.A.L RECORD-SE ~ATE 2835: 1\Ir. BARKLEY. It has really bad little effect, because all this gypsum bas been coming in free of duty and bas been processed in the United States. Mr. SMITH. I under ·hmd that. Becaus the e people can take advantage of the cheap water rate and insure alon"' the coa t a certain equality with the people who are ncar the min s, why deny them that and penalize all America in order to take care of a fe who. by yirtue of the foreign article, can be" put on an equality with those in the interior who are near gyp um mines? In other word , we hall blanket all America and penal­ ize all of the people in order to benefit a few who artificially put them elves in a position where they can not compete? Mr. JOHNSON. Mr. President-- The VICE PRE IDEI'l"'T. Does the Senator from Kentucky r. RKLE . · ; I think so. If we put ln another word yield the tloor? capu}J o f two or thr e o , they might e:-;tubll. It 01clr mills in Canada and bring it in a calcined, so That i , the Secretary of the Interior- I hn . no obj i n to leaving th duty at 1.40, which I tbink said that the recent ruling by Solicitor E. C. Finney of the Interior 1 ufil ·i •n Department anent Boulder Dam power de"\'"elopment, which ruling Mr. ' 1ITll. Mr. Pr ident, will the enntor yield? Senator Jou.·soN and Senator NORRIS, of Nebraska, attacked, was not 'l'b VI l R "' IDFJ \ D c the enator from Kentucky int nded as mandatory on the Secretary but merely indlcatcd the pro­ yl Id to tb enntor from outh arolina.? cedure be could take 1f he so d ired. 1'. llARri.~EY. I icld. Mr. U'l'H. It put on the duty of 1.40 a now contem­ Air. WAL H of • a.s-;achu.: tts. Mr. Pre.ident-- pl t d-- The ICE PRE !DENT. Does the Senator from Callfornie; yield to the enator from Ma sachusetts? Mr. BARKLEY. It 1s already on. Mr. JOHNSON. I yield. r. II1:I1. If w approve that rate, it mean , on account of Mr. WALSH of Massachusetts. We usually have no difficulty tb nature f thi commodity and its univc 1 appearance in hearin" the enator from California on this. ide of the Cham­ Ulrough ut th' untry, that wb tever e dd to it for the ber. ·wm he, please, raise his voice? advoutag of th con. tal I ople will penaliz every other section The VICE PRESIDENT. The Sennte will be in order so of th cowttry wbf>re this product comes in competition and tbat the Senator from California may be heard. whcr it can b sllipped a bort distance for the benefit of the Mr. ,yALSH of Mas chusetts. We on thi side of the p opl . In order to pr t ~t a few on the coa. t it is propo ed to Chamber have not heard a word of what the Senator from hurd n th whol of continental United State with an addi­ tional price that 1 not justified under the circumstances at all California has said. Mr. D HKLEY. I will ay to the Senator that, of course, :Mr. JOHN ON. Does the Senator from Massachu ett wt h any tarl:fi on any article adds to the co t of the article to the me to b gin at the beginning of the article? It is very brief. ultlmnt consumer, according to our th ory. I tbink as a gen­ Mr. WAL H of Mus nchusetts. I should like to have tbe crul proposition that the euator's stat ment 1 correct. This Senator do so. Mr. JOHX 0~. I will comply with the Senator's request. I article, by r n on of its w ight, ar Iy leave the bore line hope the enator heard my reference to the article which was of tb nit f the law the policy contended fully take this opportunity of presenting a contrary view for your for by Judge Finney and put in the policy I am now asking to have consideration. recognized. The general effect of the solicitor's answers to certain of your ques­ This is not only my interpretation of the action of the House, but tions, particularly 1, 2, 8, and 9, abrogates and eliminates the prefer­ was also the interpretation of Ron. BURTON FRENCH, then, as now, a ence rights of municipalities accorded them under the Federal water distinguished Member of that body. power act and the Boulder Dam act, and substitutes in place thereof Mr. FRENCH had previously addressed the House under general de­ " the broadest possible discretion," to use the language of the solicitor, bate, and on page 9316 had said: in the commission and the Secretary, because a thing that is a matter " I shall print with my remarks the amendments I have referred to of discretion ceases to be a matter of right. and that I propose to offer • * • It seems to me that you asked your advisor in what direction to " ' Fourth. That the commission shall give preference to applic.ations travel to reach your goal and he has answered: "In any direction you for permits to States or municipalities rather than to permit the com­ choose to proceed." If Congress has enacted such a law, it has treated mission to do so in its discretion.' " you unfairly by placing you on a sea of doubts and uncertainties with­ After the House adopted the Doremus amendment, Mr. FRENCH out a compass to guide your course. Such, however, is not the case, as said: I believe I can prove for your satisfaction. "Mr. Chairman, the amendment of the gentleman from Michigan is CONGRESS IN CONSIDERING FEDERAL WATEB POWER ACT DELIBERATELY substantially the amendment that I indicated some days ago I was going .REJECTED PROPOSAL TO LEAVE MUNICIPAL PREFERENCES A MATTER OF to offer to this paragraph. I have supported the amendment of the DISCRETION AND EXPRESSLY MADE THEM A MATTER OF RIGHTS gentleman from Michigan instead of offering one of my own." Since the Boulder Dam act adopted " the policy expressed in the Mr. FnENCH therefore was of the opinion that the House by the rejec­ Federal water power act as to conflicting applications " it becomes tion of the Senate language and by the adoption of the Doremus amend­ necessary to first correctly interpret the meaning of that act in order ment had granted a preference right to municipalities and taken away to answer the questions before us. from the commission the discretion to deny them that right. The intention of Congress in using the language found in section 7 THE SENATE CONCURRED IN THE HOUSE AMENDMENT of the Federal water power act is clearly disclosed by referring to the When the bill as amended was returned to the Senate the House debate. changes in section 7 were recognized as taking away from the commis­ S. 1419 had already passed the Senat~ and was being considered in sion its discretion to refuse municipalities a preference. Senator W.ALSH, the House. The Co-NGRESSIONAL RECORD, Sixty-fifth Congress, second in volume 56, part 11, of the Sixty-fifth CONGRESSIONAL RECORD, second session, page 9775, reads as follows : session, page 10639, reported as foUows : ''The CHAIRMAN. The Clerk will read. "The House bill provides-I read from page 33--as follows: " The Clerk read as follows : "' SEC. 7. That in issuing preliminary permits or licenses hereunder " 'SEC. 7. That in issuing preliminary permits of licenses. hereunder the commission shall give preference to applications therefor by States the commission may in its discretion give preference to applications and municipalities, provided the plans for the same are deemed by the therefor by States and municipalities provided the plans for the same commission adapted to conserve and utilize in the public interest the are deemed by the commission to be best adapted to conserve and utilize navigation and water resources of the region.' in the public interest the navigation and water resources of the region; "The bill further provides that whenever one makes an application and as between other applicants, the commission may likewise give pref­ for a franchise under its proviSions he must for a period of eight weeks ernce to the applicant the plan of which it finds and determines are best advertise the fact in some paper printed in the county in which the adapted to develop, conserve, and utilize in the public interest the navi­ development is to take place. When one has thus made his application gation and water resources of the region. * * *.' and has advertised, if a municipalit-y itself desires to develop thtl.t power " Mr. DOREMUS. Mr. Chairman, I offer the following amendment. it may come in and apply to do so, and its application must be given " The Clerk read as follows : preference over the application of the private party or corporation. So " ' Page 33, line 11, after the word " commission," strike out the every opportunity is given under the bill for municipal development if words " may in its discretion" and insert in lieu thereof the word the municipalities will develop ; but we object to any scheme or plan " shall" ; in line 14, after the word " commission," strike out the words which will keep these power sites idle until the municipalities may "to be best" and insert the words "as well " ; in line 16, after the prepare at some time in the remote future to develop them. • * * 'Word " region," insert "as the plans of other applicants." ' " "The Senator from Idaho complained about the provision in this bill THE HOUSE BY AM ENDUENT ET~ IMINATED THE " DISCUETION " AND FIXED under which, he said, a discretion was left with the commission as to THE PREFERENCE OF MUNICIPALITIES AS A MATTER OF RIGHT whether or not they would give preference to the municipality. Mr. Here the House was clearly and definitely presented with the choice President, the only discretion given to the commission under the provi­ of two alternatives, the first leaving the question of preference of sions of the House bill is that t hey must give the preference to the municipalities .a matter of discretion and the second making it man­ municipality, provided their plans contemplate the development to the datory on the commission to recognize these preferences as rights. extent to which the site is capable of being developed; in other words, Judge Finney declares that the first alternative is the law that Con- if a municipality desired to make a development of, we will say, onlY. CO.!. ORE IONAL RECORD-SENATE 2837 ~. 0 bot· <>power tn th en. of a lte that wae capabl of developing adapted to developing the water resources as the application tiled by () ,0 bur POWl'r und ther were private parti 8 or a pnblic-utillty some other individual or corporation. I do not wnnt to ce a munlcl· corporation d lrou of getting a permit to develop the ntire 50,0 0 pallty fot•eclo ed and concluded in en e its plan Is not as good as some llOl'H power, th n th pr ference to th municipality would not obtain ; other plnn. I think that If the municipality is willing to amend or in oth r word , the Jd n. fa to have th e power 1t '8 developed to theil' modify the plan first filed by it and make the plan as good as the other full •apnclly. It a municipality undertake to develop or decided to plnn filed, that it should have that opportunity to modify and amend its d velop n power site to its full capacity, it ba the prefet'ence under plan and make it as good and a e111cient as any other plan filed." this propos d Jaw." The 'innott amendment wa adopted. No one in the cnate chall nged tbls clear and definite tntement as 'l'bercatter, on page 2040, Mr. ims, who, I believe, wa in charge to what th bill th n p udin·g before them meant, and since it was in of the bill on the tloor, made tbls statement: hnrmony with the debate ot the llou e, it must be fl ured to be a correct '' These thing were well studied in the committee, a the gentleman Jot rpr tatlon. know , and our intention was in CVer'JI ca8e to give the State or 'l'DE PRF.FERENCE PROVISION WAS NOT CHANGED AS TO PUBPO JD OR INTENT municipality prefetence for a permit and llcen. ea." (Italics mine.) BY TRE CO Fl!lREES ORDER O.lo' PRIORITIES IS DEI'INITELY FIXED B'I' THJD FEDERAL WATER POWER In confer nc Aome small chan"'e were mnde in ctlon 7. The tact ACT OITI~G CITIES PREFERENCE OVER PRIVATE POWER COBPOBATIO. ·s that th chan •e were not int<>nded to cl1ange the purport or meaning To summarize, the Federal water power act provided preference of th R<>Ctlon 1 definit ly et forth in the statem<>nt of the managers rights in the dispo al of water-power sites and e tabUshed the order of on th pnrt Of the llou found in CONGBE tONAL RECORD, Sixty-fifth such preferences as follow : ongr " , third Jon, pag 4635, as follow : Fir t. To the United States, representing the whole people (sec· 1 ' Th next nmendment I tn s ction 7. The word 'hereunder,' which tlon 4d). o ur aft r the word 'llc n s,' is tran posed and placed after the S cond. To the State or municipalitie repre entlng a part of the 1 1 w rd p<'rmit .' and after the word • licen e ' the word. where no people; section 4e requiring notice to State~ and municipalities likely pr llmlnnry permit bas b en issued' are ins rted; and in the same to be intere ted upon the application of a private party, and ection 7 pnrngrnpb, nft r th word 1 comml ion,' the word • equ Uy well ' are giving States and municipaliU s a preference over the private party in in ert d. Your committee thought that the change were 1n the interest case of conflicting applications. or clnrlty." 'l'hlrd. If the site is not desired by the United State Government nor Th tn nag r' statement that the changes w re made "ln the inter­ by any State or municipality, then to any private citizen of the United At of clArity " m nns that no change or purpo ·e or meaning in the tate·, a sociation of such citizens, or dome tic corporntiou, in the law bnd be n made. order of their ability to make the b t u e of the water resources IX.Tr·SIXTH CONGRiil ADDED ll'ORTHER PROVI ION TO MAK.B CERTAIN (section 7). liONIClPAL PREFERilNC!l BIGHTS "PU1JLIC INTERE T " USED IX BOCLD'ER DA)I ACT DOES NOT SUBORDINATII ~'he bill 11 perfect d during the Sixty-firth Congre is ub tantially PREFERJD •• CE RIGHTS OF MUNIClPALITlE8--FINA."CIAL RETURNS TO GOV• tb bill thnt was nuct into low by the lxty-flfth Congress, with ERN ME. "T NOT RERE IXVOLYED rntb r brief debut' us tb controver Jnl point had nearly all been Having, therefore, found that the clear intent and menning of the thrt· ll d out Jn th pr ding ongr . s. Howev r, as it, on retlcction, Federal wnter power act is to give tates and municlpalitlea a preference it lk ·lr d to mnk c rlltiu beyond all que tion tbe pr terence rights of right ove1· and above all others save nnd except only the United States, muulc1pnllt1 , llle ~lxty- i:xth ongr add d an important amend­ it remains to be ascertained whether this policy Wh('n adopted and m nt to ction 7 when it in crt d and added after the language embodied in the Boulder Dam net ha been in any particular modified or •• l'rovldro the plans tor the same are d emed by the commis ion re trtcted. qunlly w 11 adapted" nnd th following: The pertinent language is: " r flhall ithin a rea on ble time, to be tlx d by the comml ion, " In case of conflicting application, if any, ~ch contllcts hall be d equally 11 ad pted." re olved by the said Secretary, a!ter hearing, with due regard to the imp rtunce or this am ndment can not be overemphasized to public interest and in conformity with the policy expre d in the Fed­ th tnt ntion-ye , the d t rmlnntlon-of Congr s to prevent eral wnter power act, etc." !utur m mb rs o! th Federal Water Power ommJ ion who might The olicitor a serts that the language 11 with due regard to the hnv id n on th<' subject dltrerent from ongr ..s regarding the public public intere t" con tltute 11 a check upon the preference mentioned " polic1 s 1n tho dcv lopm nt of our hydroelectric-pow r re ources from and thnt 11 all preferences are subordinate to this public intere t;• which bnvlng nn ex u e to rrfusc clti their preference rJght . Theretofore public interest he proceed to interpret as 11 primarily, the Government's th only v Uge of dl creUon left in the commis ion in the matter of re pousibility, fiuancinl and otherwise, to all the people of the United a onill t b tw n the municlpallti and prh'ate power corporation State " to secure "repayment of money provided by taxes," etc., and w a ti1at the city's plan should be " equally well adapted to conserve that, th<>refore, 11 public intere t" mean. that the Secretary must " ub­ and utilize lu the public inter st the navigation and water resources of ordinate" municipal preferences to the con ideratlon o! soundness ot th rrglon.'' Tills lnngu c was repeatedly expln.ined on the tloor of the contracts, enforceability, JeaaJ capacity, E'tc. • tl1 not and th Hou e to mean the full development and utiliza­ Mr. ecretary, of course the conh·aets must be sound and en!orceable, tion or the pow r po lblllt1 at the it on the river. and, of course, the applicant must have legal capacity and finnuclal Now, ju. t vi unllz the new ltuntlon as cr 1ted by the adoption of ability to pay, and the reason is that CongTess bad expre ly so provided thl nmendml'nt. Application , we wlll as ume, have been tiled for n in clear and definite language in prior sections of the act. d Blmule water pow r H , on by a city and one by a private corpora­ It 1 declared in section 4b: "Before any money is appropriated, the tion. ndcr the law the ole nnd only chance the corporation would Secretary of the Interior shall make provisions for revenues by con­ hav ot gelling the lte would be by showln that its plan were better tract • • • adequate In his judgment • • • to in ure • • • ndnpt d to cons rve and utillz in the pubUc inter t, the navigation, repayment • • • of all amount advanced " and again in section and wat r r a>ourc s of th 1 glon; and let us suppose the comml· lon 5c: "Contracts shall be made with responsible applicants." Ro flud . What then? The municipality after seeing the plnns of the Thl wa the language chosen and relied on by ongre s to prot ct prlvnte pow r corporation and after learning from the commi.·,·ion the Public Trea ury. It ls ample and sufficient. There 1 no occa !on wher 'in It dt' ms the corporation's plans uperior, is given the expre to look for or seek an implied meaning in the words 11 public intere t" right by ltlw to mollify it plan to embody the uperlor feature of the d p udent wholly upon interpretation, and a rather far-fetched inter­ <'orpor:\Uon' p1an of cl vclopm nt or to ndopt in its entirety the plan pretation at that. worked up nod propo d by the corpomUou. REQ IRE:\IE T OF u DUlll BEGABD TO PCBLIC INTEREST" WAS I."SI:lRT D AS Tlli rlgbt, v at d tn the municipality, of course, closed the door to ADDITIO!"AL SAFEGUARD FOR PREFERENCE RIGHTS OF PUBLIC AGJCl\ClES any po. slble remaining chance to d<>f t the preference right for public If the solicitor's opinion i accepted that the word · " due regard to d V(!lopolent ov r private development, becnu , of cour ·e, it the city publlc intere t" mu t be construed a a '1 check" or impairment upon could ndopt the corporation' plans th re could not then arise any the preference rights given municipalities by the Federal water power qu ' lion but tbnt the two plans were equally well suit d because the act, then indeed a strange irony of fate has he e played lts part, be­ two plant! would then be identical. cause by this contention the municipalities are to be grlevou. ly injured Ut•pt· Sl•ntnllve lnnott, o! Oregon, at page 2037 of the Co.·ca~:ssroNAL by a weapon forged by them as nn aid for the defense of their right~. UF-conD of the ~ lxty· ·ixtb ongr s , first e lon, offered the amendment As one of the authors of the bill, I know that Uti lan!Ola,..c wns nod ·aid: · added for the express purpo e of fortifying the mu!Licipnlities in the " It Is proviU d that n preference right hnU be given to Stnte and enjoym nt of the rights accorded them under the 'Iller pow r net. munlclpnllti provl t po trlble method for con rving and utilizing in a ·toundin.., and puts rather n remarkable propo ition before the thf' public tnt t• t th navigation and water r ource of the l"(>glon. country. In an wer to a comment that wa made in the Senate, Thet· cnn, tll r tore, b no contuct of plan , nnd th. r can be no he y~. a· ·ording to that article, that it do s not follow that ijCUlH! ft•om the concluF~Iou that the municipality has a legal pr terence he L goinO' to adb re to the opinion rendered. I am wondering, 1f tb langua e ot that net i to gov rn. This ha been proven con­ >ir. Pr -· ident. why. he nl'ked for an opinion from his legal clusively in tb prior portion of m)· brief. advi r if that opinion wa not intended to have ome 1l'ect " 0 E Til'! ARO TO PUBLIC I. Tl:RE T '1 N T MANDATE TO ltCRETAltY TO FATOR up n hi action. Is it po ible that the Secretary of the Interior l'RIV T I'OWJI:R CORI'ORATIONS fN .ALI.O ATION OF BOULDER DAll POWER think so little of hi legal auvi er that he set him to work It th cltie are to be dent d a preference ri ht, the deni, 1 mu t be pr paring opinion~, the effect of which will nullify act of Con­ placed solely on the grotmd that when the Boulder Dam net nys the gre.· , ju t as a matter of amu ement? Ha tbi legal adviser • r tnry hall giv "due rt·~nrd to the public inter t," thoRc word~ any om ial duty to perform that is of value to the Secretary of conPtltut o. dlr ctlon to tlle cct·etary to give private power companies the Interior in the performance of his official dutie , or i he mor rtgltts and more fuvorabl cousideratlon than they would have merely an ornamental appendage, so that the ecretnry may r celv d but for tho. c word., and that the municipalities shall be giv n a. k him a number of irrelevant questions and cure hi an­ 1 fl rl•hts and 1 • fnvornbl on lP ntng or certain contlo ncle , would have the legal right to do so, ity, with the operation of the Government, because he wa' nec­ but th I>ractlcal workln out of th plan would be very bad. The e . arily ab ent a large portion of hi life, while a good many prhnt power companl b vJng once R cured the control or the power others were here working under our Government, and nece ·ar­ would be v ry r •luctant to give H up and would b for d by ell-Interest ily he tarts in with somewhat of a handicap, and in order that to imm dlately ngue in n political campaign in ncb and every city he may inform him elf I have not any objection to any means that wu an expectant beneficiary under the drawback prov1.s1ons to which he wi he to employ. d r at, it pos!rtbl , tb bond ls ue. Mr. W AL H of 1\!ontana. 1r. President, that wa the view :\'by should the ecreto.ry create n ituo.tlon which gives an in­ expre ed by Mr. GRUNDY with re pect to t11e Pre. ident of the c ntlvc to the prlvat pow r c mpani to block the coot mplo.ted plan "nited tates. ot tb various clUes to utilize Boulder Dam power? It is contrary 1\Ir. N RRI . Yes; I under tand I do not have the to the lnt ntlon of tb law and will prove a bitt di. appointment to the spe h of 1\Ir. GRCNDY before me, but I have been informed that cltl who nrc relc at d to that unfavorable proccdur . there was something of that kind said. I thcr trust that the drawback provi·ions will not be resorted for Mr. Pr ~ident, the pa sage of the Boulder Dam act wa hailed to, it tll drawb ck mu t b from a private power corporation. by a great many people a a v ry advanced . tep. \Ve thought ll . ·p ctfully submit d. we had ettled by that act, and particularly the ..,eneral dam WINO. act, om questions which before had been very much in di ~pute and were un ·ettled. We are confronted now with the propo i­ tion that the admini trative officer who i' to carry out one of the e act has been legally advL· d by his legal advi er that ngr · never meant a word of what it aid; that while Con­ gres aid in the general dam act, and r peated it in the Boulder Dam act, that municipalitie and States and other subdivisions of a public nature should have a 1n·eferential right in the use of the gr at natural resource of the country, Congre did not mean it. I thought that was firmly e. tabli.hed a a policy laid down by a olemn statute on two different occasions by the Congre~s of the United States, duly signed by the Pr~ident of the United tates. Now, we are confronted with the propo, ition that that mean nothing; that the official of the Government de ignated to carry out the will and the intent of the law can nullify tho;::e actions, and say, "I will pay no attention whateyer to the law. I will give preference to private corporation . I will set a ide the right of every municipality and every State to get the benefit of a preferential nature that Congre ·s intended they should have." 2840 CONGRESSIONAL RECORD-SENATE· FEBRUARY 1 · We even went so far as to say that in case of a municipality of the officer called upon to administer it." The interest referred to is or some other subdivis-ion of government being somewhat handi­ primarily the Government's responsibility, financial· and otherwise, to all · capped by the necessity of obtaining votes in order to vote the people of the United States· • •. The primary public interest · bonds, and after the bonds were voted by the necessity of sell­ is in the soundness of· the contracts and the solv-ency of the contractor, ing the bonds in order to get the money to c;arry out its part not in the corporate or municipal character of that contractor." of the development of any great undertaking of natural re­ }j.,urther on, in reply to a question from Secretary Wilbur as to what sources, that would necessarily bring delay; and the Secretary discretion he is permitted by the act, Finney says, in effect, that the of the Interior says to his legal adviser, "Do I have to wait preference clauses mean nothing whatever. Finney then attempts to until these slow-moving public bodies get the right kind of au­ read into the act a requirement that power must be available t.o all adja­ thority from the people comprising and composing those various cent areas, whether publicly or privately served. municipalities? " The legal adviser replies, " No ; you do not 'l'hese interpretations would confer on the Secretary of the Interior have to wait a minute. You can turn over all the power to a authority to do exactly as be pleases regardless of the law. Whether private corporation if that private corporation will say to you, willfully or not, they tend to cloak law violation with the sanctity of when they get the contract and the lease, 'We will carry out legality. this preferential idea.'" In other words, instead of the Govern­ If these interpretations are not challenged they will establish a prece­ ment official carrying out the preference right given to munici­ dent threatening a future danger worse than the wrong for which they palities by the law, he will designate a private corporation to do pave the way at Boulder Dam. that. Mr. BLACK: Mr. President, will the Senator yield? Why, Mr. President, if that was the intention of Congress, why The VICE PRESIDENT. Does the Senator from Nebraska did not Congress say so in the law? You will remember that in yield to the Senator from Alabama? the consideration by the Senate of the Boulder Dam bill an Mr. NORRIS. I yield to the Senator. amendment was offered by the Senator from Pennsylvania [Mr. Mr. BLACK. I have not read the opinion of the solicitor. I REED], the effect of which was to state the policy of the Govern­ am just wondering if he cited as a precedent the action of the ment-that it was the policy of the Government that it should Secretary of War in declining to sell to the town of Muscle not build or construct any of these great works if it could get Shoals, Ala., a part of the power generated at Muscle Shoals. anybody else to do it. 'l'here was a roll call on that amend­ The Senator will recall that the private power companies will ment, and it was defeated by an overwhelming vote in this buy only about one-fifth of that power; and the municipality body. That ought to show to any one who is studying the laws has begged and pleaded for the privilege of purchasing some of of Congress something as to what was in the mind of Congress that power, but it has been denied that privilege. It might and what was their intention. Did we mean nothing when we have been wise to add that as a precedent for the opinion. said that municipalities should have a preferential right? Did Mr. NORRIS. The Senator has stated the facts correctly as we mean nothing when we said that States should have the I understand them. I never have understood why those cities preferential right to utilize the natural resources which God and towns so near to Muscle Shoals, where they can be put to Almighty has given to the people of the country, instead of sleep nights by the sound of the tumbling waters as they go their being utilized by private corporations for private gain? over that great dam, are deprived of the right fo use any of the In this editorial in the News of January 18, 1930, it is said: electricity that is generated there unless they buy it from the Faced with charges that his allocation of Boulder Dam power does Alabama Power Co. not comply with law, Secretary of )nterior Wilbur has obtained a legal Mr. BLACK. Mr. President-- opinion from his solicitor appro~ing in every respect the plan outlined The VICE PRESIDENT. Does the Senator from Nebraska by Wilbur several months ago. further yield to the Senator from Alabama? Mr. NORRIS. I do. 0 Mr. President, it is plain. He mapped out a policy, and Mr. BLACK. May I call the Senator's attention to the addi- · the trained lawyer construed the law to mean that his policy tional fact that in the meantime, while the town of Muscle was all right. It is true that he had not given all this power Shoals is denied the privilege of purchasing any of that power, to a private corporation. He had given some of it to part of the the Southern Tennessee Power Co., without a contract, is build­ Power Trust down in southern California, although under the ing a transmission line at an expense of sever&l million dollars law he had no right to give them a single kilowatt if a · munici­ from the city of Nashville to Muscle Shoals Dam, and has prac­ pality, or a public subdivision of the State, or the State itself, tically erected equipment tying up to Muscle Shoals power, at wanted that power. Congress did not say that this preference an expense of about a million dollars, with towers which will should be applied only to a part of the power; but it said that bottle up the power in so far as future sales to municipalities it should be applied to all of it. are concerned. That is going on now over my vigorous protest. This editorial goes on: That line is being built; the Government is encouraging it ; It is a remarlmble opinion. they are using Government property to store their equipment in If the courts find it to be sound law, then Congress must rewrite building the towers; and it seems now that when we finally pass the Federal water power act. Furthermore, Congress is going to have to a bill which can be signed the towers of the Southern Tennessee find new words to make clear its meaning. Words which had seemed Power Co., an associate of the Alabama Power Co., will have unmistakably plain are no longer adequate. succeeded in completely bottling up the power at Muscle Shoals. It is doubtful whether any solicitor but the present one,· E. C. Finney, Mr. NORRIS. Mr. President, I know, of course, of the build­ who for more than 30 years has helped Secretaries of Interior do ing of this line as the Senator has stated. The only explanation what they wished, could have written the opinion on Boulder Dam I could give of it, the only reason why that step was taken at the power. expenditure of a million or two million dollars, was on the theory This is the situation. The Boulder Dam act says the Secretary of that Congress is going in effect to pass again what the last the Interior shall divide the power generated at the dam in conformity Congress passed-a bill providing for the sale and distribution with the policy expressed in the Federal water power act. of the power developed at the great Government dam-which And this is the act: "The commission shall give preference to appli­ bill, as the Senators remember, was not signed by the President, cations by States and municipalities, provided the plans for the same but died by virtue of what is known as a pocket veto. It seemed are deemed by the commission equally well adapted, or shall within a to me, I will say to the Senator from Alabama, that the object reasonable time to be fixed by the commission be made equally well sought was that in anticipation of that legislation, in addition to adapted, to conserve and utilize in the public interest the navigation the Alabama Power Co., the Tennessee Light & Power Co., an­ and water resources of the region." other representative of the Power Trust, should have access· to the North as the Alabama Power Co. has to the South, in order That is the end of the quotation from the act. Senators will when the law is passed perhaps to block to a great extent the remember that we repeated it, in effect, in the Boulder Dam ability of municipalities and subdivisions of States in Alabama act, giving to States the preferential right to the power gen­ and Tennessee and Mississippi and Georgia to get that power erated at the great dam on the Coforado River. without buying it of one or the other of these private corpora­ Mr. President, at this point I ask unanimous consent that the tions, because they would be the only ones having access to the rest of this editorial be printed as part of my remarks. dam. The VICE PRESIDENT. Without objection; it is so ordered. Mr. MoKELLAR. Mr. President-- The matter referred to is as follows: The VICE PRESIDENT. Does the Senator from Nebraska Wilbur having already decided to give approximately one-fourth of the yield to the Senator from Tennessee? power to private power companies, Finney interprets this section in Mr. NORRIS. I yield to the Sehator from Tennessee. the following way. He passes over the clause about States and munici­ Mr. McKELLAR. I am wondering whether the solicitor also palities and goes to the words "public interest." cited as an authority the action of the War Department on the "Public interest," he says, "is one of those broad terms like public law under which the Muscle Shoals dam was built. I read policy, capable of different legitimate interpretations in the discretion f~og1 that law just three lines: 1930 CONGRE IO.r .A.L RECORD-SENATE 2841 e.xpedi ncy. The private company that Secretary Wilbur prop ::;e to let In on the Boulder Dam development in a big way is a great political force in southern California. The arrangement is very agreeable to it. Officials or the city of Los Angele , which also is to get n lnr e share of the po,ver, are reported to be not particularly delighted by the Wilbur scheme, but willing to let it ride rather than ha..ve a big row w1th the. powerful private comp:my. Some small cities and towns that want more Boulder Dam power are said to feel pretty d, but a!ter all, they don't cut any tremendous figure politically. At the pre~ent moment It appears that Secretary Wllbur, comforted by the soothing phistries of Solicitor Finney, is going to put through hi plan to ignore the preference provisions of the Fed ral water power act. If he does, however, il seem that the administration should make some slight public recognition of the principle involved. It might be that a suitable arrangement would be to make Mr. Butler an ex-officio member of the Commission on Law Ob!'ervance and Enfor~ment. Mr. NORRIS. I desire to quote just briefly from the edi­ torial, however. It is said in the body of this editorial: Secretary Wilbur and Solicitor Finney are C()llaborating to junk, for all practical purpo e , the preference provisions of the Fedr.ral water po er act. Mr. Wilbur has a plan for dl po.~lng of a great amount of power at Boulder Dam on the Colorado River wbfcb runs rounter to the~ e provision . Mr. Finney is provl0 per cent ln 1928 from 1926, manufacturers almo. . t exclusively for their own plants. and thnt the wag s of those remaining In the 1Ddostry bad decreased There Is no gyp um on the seaboard. Mills on the Atlantic coast 2 pt•r <' ut. ' are wholly dependent upon Nova cotta. for crude material. The cost to deliver rock from western New York, the nearest deposit, is prohibitive. J 1I'ORT • RS (WITli TTIEIR DOMESTIC KlLLS CONTROL 80 PER CENT OJ" It bas never been done. It follows that no tnrur could make possible Ir\DUSTRY) the movement of crude gypsum from western New York or any other 1. United tales Gypsum Co., mllls o.t Boston, New York, and Ph11o.- native deposit. delpbla. (Cbi t lmpoL't about 8,000,000 tons.) ~lso have 26 mills SEABOARD PLANTS PERJ'O:Rll YALUABLlC SERVICJJ using dome tic gyp um. W . tern New York can not adequately supply the Atlantic s -aboard 2. Atlantic Gyp ·um roducts o., mllls at Portsmouth, New York, nncl he. ter, Pa. (About 1!)0,000 tons.) markt.'ts with fini bed mat<'rlals becnuse of its location 400 miles away. 3. taudard Gypsum Co., mlll at Long Beacl1, Call!., and Seattle, No native depo it 1 o located a to economically fill this demand. Gypsum wall plaster, the principal manufactured gypsum product, is WnRlt. (.About 0,000 tons.) a heavy low-value commodity which can not b ar the cost of warehousing 4. onn ctlcut Adamant Co., mill at New Haven, Conn. (Very and rehandling in the large tonnage used In big city buildings. Co£.t small.) of demurrage and uncertainty of rall delivery prevents continuity of ts. Ill ginAon Manu1nctur1ng Co., mlll at Newburg, N. Y. (Small.) flow ot material on the big jobs and therefore causes costly delays in · 0. N w York Pin ter Co., mlll at Newark, N. J. (Small) such construction. To prevent such delays, without greatly increns~>d 7. hns. W. Brl cr alitornin and shipp d to at1le. We 1nve ted nearly hun­ product in New York City ls slightly greater to the seaboard producers, dr ·d thout~nnd dollar. tn allboard manufacturing company in Seattle $ .0:> for tbe seaboard plant nnd $7.91 from western New York. to pt·ovl urcl company tn which we bad bought intere t cut purchases doty-free rock is demonstrated- by the growth. Production incrcns d :Crum lontnn in halt and cut price o we lost moucy on 1929 hlp.. !rom 3,700,000 tons in 1922 to 5,340,000 ton in 1927 throughout the m nts, and t' oblig d to dl continue shlpm nt in 1930; and ince United States. In western New York it increa ed from 1,000,000 tons pin t t' produ d in Montana ts n rly all sold on the con t, this Mexl­ to 1,675,000 tou., an incr e o! 5 pet• cent, while tile United States cunlrupol'tcd gypsum will abolish Montana pay roll and Montana tax a n whole increased 41 per cent. Since 1922 new plants have b en built receipts ou pln t r inclustry ther . in western New York, and the capacities of ex:lsting plants hn"e been Tnnn FonKs PORTLA. -D CBME. 'T Co. greatly increo.sed. R. J. Monsm, lUXPORTS Vice Pruident and General Manager. In 1928 imports of gypsum and its products were slightly und<>r fr. WA!Jf;Il of In .aclms tt . Mr. Pre ident, with reference $1,500,0 0. During ibis year exports were in exec of 00,000. In to the nm udment und r con. lderation the matter nas been de­ 1922 exports were only 313,3815. It is estimated that greatly increased bnt d nt l n'•tb, tmd It i quite apparent that a substantial exports of wall board. a gypsum manufacture, will have brought the majority of tllo nate intend to vote to keep gyp um upon the 1929 exports above $1,200,000, while import will probably show a. fr list. I am ntiRO d that the oppo ·uon to the pending sub tantlal decrease In value. am ndm nt i. trong tlmt the amendment can not prevail. SOURCE OJ' IMPORTS I do not think a prolon~cd debate is n ry, and I simply wunt s m nD is O"'er 90 per cent of the imports are !rom Canada. On the Pacific memorumln print d in the R before the vote coast there is only one importer with two small plants at Lo An!{c.>lcs tal( n. and S attle. That company has hlghet· costs than the companie manu­ 'J'h obj ctlon, the matter was ordered to be p1·lnt nn, a follows : facturing from native rock and higher delivered costs to Its market . OTERDEVELOP:aul."T OF INTXRIOR PLA~TS A.·D BUILD! ·o DEPRES. ION GYPSUM It i claimed that the mllls In western New York are not operating l'RI• ClPAL USl:. J'EnTILIZJI:& AND BUILDING lUTElliALS to cnpnclty and that men have b en laid off because of importations. Ct·ud gypsum is u cd 90 per e nt for the manufacture of building Plants throughout the country where imported gypsum does not enter mo.t 1·1u1 , such 08 wnll plasters, plaster boards, blocks, and tfle.s. It is are in the same condition. The seaboard plants arc all equally ntfectne Odd leo Town nd Bingham llale Rob on. Ky. Walcott Dene~n Ilatfield bortridge F Johnson moot Goff Keyes Stelwer NAYS-49 All('n Georg M~ Smith Barkley Gilll'tt Norbeck Steck Black Gla s • orrls wnnson Blaine Gould _.'ye Tydings Blease llnrri· Overman Vundenberg Bornb Bawe Patterson ' agner Bratton llebert Pine Wul b, :\lass. apj.)er Ilefiin Ran dell Wol h, Mont. opel and Jone Robin on, Ind. 'Vatson Couzcn Kendrick 'cbnll Wheeler Dill La Follette heppard Fl teller .leMa ter hip'tead Frazier ;\let calf lmmons NOT VOTING-30 A. hur ·t Glenn King Stephens BrO<'k old borough Me ullocb ullivan Brookbat·t Grundy .. lcKellar Thoma • Idaho Brou · ard RatTi on McNary Thomas, Okla. nro1way lin tings Phipp Trnmmell onnally Hayden l'ittman Waterman utting Howell Reed Dale Kean Robinson, Ark. 'o the amendment of the committee wa rejected. Mr. NYE and Mr. BARR! ON addre._ ed the Chair. The VICE PRE IDENT. The Chair recognizes the enator from ortb Dakota. Mr. HARRISON. Will the enator withhold l1i requ st for ju t a moment o that I may make a tatement on the matter that ha · ju t been voted upon? Mr. NYE. On the . ame matter? Mr. HARRI ON. On the matter that wa ju t voted on. In view of the overwhelming vote of the Senate agaiu. t the in­ crease recommended by the Committee on Finance, and the fact that so few members of the CoDllllittee on Finance who recommended it voted in favor of the committee' recommenda­ tion, and no explanation wa made for their action before the vote wa taken, may we not now have some explanation a to ju t why the committee made its recommendation? Mr. NYE. I can not yield now. Fir t let the editorial be read, a it was agreed. Tbe VICE PRE IDENT. Is there objection to the reading of the editorial? The Chair hear none. The Secretary will read,_ a requested. [The editorial from to-day's Baltimore Sun relath·e to Boulder Dam wa. read, and it appear~ in its proper place in the pro­ ceeding ] Mr. WATSON. Mr. Pre ident, I a k the Senator in charge of the bill now kindly to allow it to be laid a ide so that the enator from Idaho may bring up another matter. Mr. SMOOT. I ask unanimou consent that the pending tari1f bill may be t mpornrily laid aside. The VICE PRESIDENT. Without objection, it i so ordered. ~fr. LA FOLLETTE. Mr. President, before the bill is laid a ide, I should like to a 'k the Senator from Utah what he plans to take up on Monday next? Mr. MOOT. I desire nt that time to take up the question of American -valuation. Mr. LA FOLLETTE. I wi h to give notice tbat as oon a I can ecure r cognition on Monday when the tariff bill is before the S nate I hall addre s myself to the amendment concerning American valuation. The VICE PRE !DENT. Without objection, the reque:-t of the Senator from Utah is granted, and the tariff bill iN tem­ porarily laid a ide. EMPLOYMENT OF SKILLED LABOR Mr. DENEE . Out of order, from the Committee to Audit and Control the Contingent Expen. e of the Senate, I report 2846 CONGRESSIONAL RECORD-SENATE FEBRUARY 1- back favorably Senate Resolution 204, submitted by the Senator I have looked up the word "adulteration." According to from New Hampshire [Mr. MosEs] January 24, 1930, and ask Webster, adulteration is "to destroy the pmity of a thing; to unanimous consent for its immediate consideration. reduce the strength of a thing;. to inject into the thing sub­ The resolution was read, considered by unanimous consent, stitutes, so that a certain thing is palmed off on the public as and agreed to, as follows : a substitute and a spurious article." That is Webster's defini­ Resolved, That the Sergraqi at Arms of the Senate hereby is author­ tion of "adulteration." The distinguished Senator at that time ized and directed to employ two skilled laborers, to be paid out of the implied-! do not know as he meant it, but his language at least contingent fund of tbe Senate at the rate of $1,680 each per annum, implies that he meant it-that by permitting the women of the country to vote the electorate had been adulterated; and he until June 30, 1930. continues to say: INVESTIGATION OF HAITIAN CONDITIONS Then we have the electorate adulterated by about one-fourth, or 40 Mr. BORAH. I ask unanimous consent for the immediate per cent, of the women, who never knew anything about the ~ariff- consideration of Order of Business No. 129, being the joint resolution (H. J. Res. 170) providing for a commission to study Of course, if that large element were introduced into the and review the policy of the United States in Haiti. electorate, according to this very remarkable speech, it implies, The VICE PRESIDENT. Is there objection? on the part of the women, ignorance regarding the tariff. . I do There being no objection, the Senate, as in Committee of the not suppose the Senator meant to say that these women who Whole, proceeded to consider the joint resolution, which had were voters do not know anything. He does not make it that been reported from the Committee on Foreign Relations with an broad. He just says they do not know anything about the tariff, amendment to strike out all after the resolving clause and and continues with the statement- insert: and who, I think, from natural instinct, .because they have been led That there is hereby authorized to be appropriated t.he sum of to believe that it makes things that they buy cost more, are not sym­ $50,000 to cover any expenses which may be incurred by the Presid:ent pathetic with us. in making an investigation by commission or otherwise of th'e condi­ With that introduction, I want to take up Mr. GRUNDY'S dis­ tions in and a study of the policies relating to Haiti. Such expenditures cussion of the President elect, at the same meeting and at the may include the expense of any commission appointed, the compensation same time. of employees, travel and subsistence or per diem in lieu of subsistence, Of course, it was commonly understood that the women of stenographic and other services by contract if deemed necessary, rent the country had voted for Mr. Hoover quite generally. I be· of office in the District of Columbia and elsewhere, the purchase of lieve that is the allegation, at least. After the Senator has necessary books and documents, printing and binding, official cards, described this adulteration of the electorate, he describes the and such other expenses as the President may deem necessary. product which they brought forth through their votes. Mr. McKELLAR. Mr. President, on page 2, line 13, I move to Of course I disagree with the Senator upon his analysis of the strike out the words " commission or otherwise " and insert the women electors of the country. But on the same occasion-! words " such means as he may determine." I understand the think this is very interesting-after he had mentioned some other Senator from Idaho has no .objection to that amendment, and I subjects, he said : hope we may have a vote on it. And that was further emphasized by the fact that we had pretty Mr. W A'.rSON. I ask that the amendment be stated for the nearly two-thirds of the Senate and pretty nearly two-thirds of the information of the Senate, so we may understand the exact House Republican at that time. Now, we won out by a substantial language. majority this time, and since the election what has taken place? The VICE PRESIDENT. The clerk will state the amendment ·And he answers his own question : to the committee amendment. The LEGISLATIVE CLERIC On page 2, line 13, after the words Our President elect has slipped out of the country- "investigation by," it is proposed to strike out the words "com­ In other words, "beat it." He did not say "beat it," but mission or otherwise " and insert the words " such means as when a man slips out of the country, as I understand, in the he may determine." popular language of the street, he " beats it" out of the country. Mr. WATSON. That includes a commission, in the view of He did not say, however, that he slipped out between suns. He the Senator, does it? did not go that far. Mr. McKELLAR. It permit~ the President to pass upon that Mr. WHEELER. Was that the time he took the warships qu ~ stion. with him? The VICE PRESIDENT. Without objection, the amendment Mr. BLAINE. That was the time he took the battleships with to the amendment is agreed to. him- Mr. McKELLAR. Mr. President, on page 2, line 16, I move to strike out the wonl "commission" and insert the words "any has slipped out of the country and has gone down to South America on person so appointed." other kinds of business. Mr. BORAH. I have no objection to that. I do not think the President elect landed at Haiti. He The VICE PRESIDENT. Without objection, the amendment steamed right by that country. He was just and overnight to the amendment is agreed to. run from the Haitian Republic-a delightful climate for re­ Mr. BLAINE. Mr. President-- cuperation after the strenuous campaign. But he sailed right Mr. BORAH. I yield to the Senator from Wisconsin. by. He had to get home. There was a call. Somebody Mr. BLA.INE. Mr. President, it is not my purpose to discuss whom he had left at home was not keeping the home fires the merits or demerits of the joint resolution at this time nor to burning. A great many people had worked for him as a can­ discuss the question which may arise relating to the proposed didate for President, and they were all wanting jobs, or a great investigation. I propose to discuss those questions when the many of them were wanting jobs; and, as you remember, he appropriation bill shall be before the Senate. I do, however, slipped away to get away from the job hunters. But he did want to discuss the viewpoint of the distinguished junior Senator not stop at Haiti. That is the strange thing to me, especially from Pennsylvania [Mr. GRUNDY] as relates to this resolution in view of his request now, just a few months afterward, less and particularly his viewpoint respecting the President of the than a year. He now wants to appoint somebody to go to Haiti United States. to find out what is the matter-what Mr. Coolidge and Mr. The distinguished junior Senator from Pennsylvania delivered Harding and Mr. Wilson pave been doing in Haiti in the last a very interesting address on a certain occasion. It was on 15 years. But he did not stop in Haiti. He had to get back to December 18, 1928, before the National Association of Wool take care of these home fires. He got back in January, accord­ Manufacturers. He entered at that time upon a very interesting ing to Mr. GRUNDY. discussion of the then President elect; in fact, he came very near discussing this very joint resolution which is now before He won't be back here until January­ us. I think he did point out the very nub of the situation. Now, this is a plaintive plea- I confess that I am unable to bring out the vital points as and then he plans to, somewhere in the South, sojourn for a while. they were brought out by the then Mr. GRUNDY, now the dis­ tinguished junior Senator from Pennsylvania. It was on the I presume if Mr. GRUNDY at that time had been thinking in same occasion, however, and at the same meeting, that he first terms of Senator GRUNDY now, he would have said to the wool­ analyzed the electorate of the United States; and after calling growers, " Why did not the President elect go to Haiti to find the wool manufacture-rs' attention to the very critical situation out what is the matter with Haiti, or what are the problems tkat he saw, he said this: in Haiti "? Of course, he could not anticipate at that time that Tllen we have the electorate adulterated by about one-fourth, or 40 the President elect would ask for a commission, or for a substi­ per cent of the women- tuted President of the United States. 1930 co TGRE SIOKAL RECORD-SENATE 2847 Then h eTeat cone rn : uch as that of tbe gentleman when he was speaking before the fy conc<'rn 1 not l<'S nt>d nt all by the knowl<'dge that the President Wool Manufacturers' Association. 1 t, whil bela n very fln t llow- Remember, I have taken thi from the official record of the subcommittee of the Judiciary Committee. It 1 found among .·ay .~elr. RU DY-Mr. GRUNDY i perfectly generous in his the minutes of the Wool Manufacturers' ..,ociation. I con~ r mark!-i- tinue: whll b 1. n very fina fellow, and the Stnt that I have the honor of Now, in Congre , from my experi nee, the fellow that make· the ming !t•om g • him almo t a million majority to bow it contldence mo t noise and the fellow that make the most demand , that keeps in him, ba nev r bnd nny 1 g1 lntiv exp rl nee. lie n ver ran tor office hi problem in front of them all the time, be gets service. If be b fore. II n •er ran for ev n th office ot dog atcber. lie doe not doe n't, if be depends on omebody else to do it for him, be 1 going to know nnytbln&: nt nll, from exp rlenc , wbnt 1 gl~latlon mpans. get what we all get when we don't go after the thing the way we ought ncl I hav n t nuy doubt but that Ute enator now w uld to--nothing. And while I am here to listen to the policy or the asso­ ny, "B au~e th rr . id nt do not know anything about ciation, there is that fundamental propo ition that is underneath that l gi Inti n, nnd do n t know anytbin,:: about th e thing , it lt ems to me is most important at thi time. There i no use of onr preparing schedules if we are goi.ng to allow Congre s to drift along l n' · ~ary for him to r int ·omebody to obtain the knowl­ eiew of the Pre ident' reque8t for and not only for the contluunnc ot it but !or the d vclopment and tor thi commi ·ion to a.dn him what to do about Haiti, w ught tb' t•xt>no ion ot it, nnd of what h b en rc pon:ible for the great to bave the wisdom of tbe junior enator from Penn ylvanin. ,;rowlb ana d v Jopment ot the country to th point or where we are .Mr. HARRI ON. Mr. Pre ideut, i · it h·ue that the junior to·<.lny. Senator from Penn ylvania made that speech? Mr. BLAI.l'E. He made the peech; yes. Now, listen: 1\!r. IIARRISON. Is there any doubt about it? Why, tnke the agrlculturnl propo~ltion. The agricultural inter ts 1\Ir. BLAINE. There i no question about it. It a te tified of our countt·y nr wol'tb '10,00 , 00,000 or . 12,000,000,000, as ag n .. t under oath that he made the ·peech which I have ju-t read. $1)0, 0,000,000 of industrial vnlne, and y t they will et up a terrible 1\lr. Pre:ident, at thi time I ju ~t want to call attention tQ ronr. 'l'll y wlll ommnnd cr the • enators !rom the pocket borougb&-- another propo ition. From th "bnckwnrd tat ..." You all rewem r tbe testi­ Mr. WHEELER. Mr. President-- mony b for th subcommittee of the Judicinry Committee in The PRE IDE.~.:'T pro tempore. Does the Senator from Wis­ whi h he d ~ ibE•bru. ka ; tbe tate of North and South m an that, notwith tanding tile fact that some of them would Dnkotn- h, n gr at many oth r tnt . I ball not undertake get off tlle reservation during tbe sessions of Con re , the Re­ to (•num t·n te t11em. Th y are all in the r cord: Those are publican Party had all of tho e tates in its pocket? I~ that "po ·k t bot ugh:,'' nc ording to Mr. GRUNDY. However, he what be meant? fail< d to rv anything about th rott n borough up there Mr. BLAINE. I presume--and tbis is ju t a pre umption­ tilat he referred to the pocket boroughs of the We t as belong­ in tJ1 • tnt f Penn ylvanin, wbere dead men voted-rotten ing to the Republican Party, but he was afraid thnt they were -t.l1 t nch from wbi h went to hig-h hea vcn in the cam­ going to e cape from the Republican Party's pocket, and e pe­ pn ign of 102 . II did not d ~crih tllo e rott n borourrll in cially these bol heYiki-- Pitt: urgh and Philad lphin. Ile ju t referred to the "pocket 1\Ir. WHEELER. Wild jackasses. borougl " f the W :-:;t. Mr. BLAINE. The e socialists, these sons of wild ja ·kas es, They will commnndet>r thc~e Senators !rom the pocket borough that et c tera. Then the same organization to which tbe distin­ they r pr s nt in the West, nnd they will do anything at all for the gui heel Senator belonged until be-- farm rs tllnt tb y want. We probably have many, many more things 1\Ir. CARAWAY. Got appointed. involved; more pl'oplc cmployc

Tlw PRE~ IDFJ ,.T pro t mpor . Wilhou objection, it o ' Mr. GR ~NDY . Mr. Pre. ident, I made that peech about a ord r)d. year ago. However, a· it wu an impromptu speech, I · uld 'l'h mntl<•r r r rr d to i · n · foll w · · not recall the .mbject matter or the detail - of it, anu only in ADOUE BY tn . .TOSEPB R. GRUNDY part auuht the ·ub. tance of it from the reading by the euator rr. \!ht\h·muu and ! llow m mbcrs. !rankly, I cnme over ber to-day from Wi~con in. The exhibition that ha · taken place here thi to g •t lm;pirn tton ns to wbut wn go lug to 1> the future of our bu ine s afternoon for the la t half hour, in my opinion. ju tifie about untlt'l' tht• ondltlou~ whiCh WOUld pr \'Uil after an expected ta't•ltf everything that I under tood the enator from 'Vi con in to r •vlt"lon. read from IlL m morandum of what I aid, if in thi di.· u ~ion • • • • I may exclude nny refer nc s to the Pre ident of the United • • Tb n Wi! bnv the lectornt adult rated by nbout one- ~tate . I think thi exhibition certainly ought to be notice fourth, or 40 p r e nt, of tb wom n, who ucv('r kn<>w nnytbing about to every right-thinking per ·on in the nit d .]tat ' a to the til tnritl', nod who, I think, from natur. 1 im;tinct, be au they have character of di cu ·sion which i occupyina the time aud atten­ b t•n 1 d to b •llt•v that It nw-k thing ~ that tb y buy cost more, are tion of ome Memb r · of the 'enate to the exclu ion of imp r­ 11 t Hympnth<'tlc with u,. tant problem., which are now confr nting the country. • • • • • The PUE !DENT pro tempore. The que ~ tion i ~ on agreeing • • Now we nll r <'Ull that in 1020 we hntl n pretty vigorous to the amendment of th committe a amended. <'nmpnlgn mu wnr wal:' ovt•t• null we ·am' into tbe lectiou of 1920 there wa a m connection with the propo. ed inve tigation. that I am quite Vl ry gr at tll'mnnd for u revf ion of the tarltr. lr. Hnr lhnl pot•alyz!'d Dt'Urly all of our tudu,try, there was a long space ign relations without any hindrance on the part of the • enate, of time in whl h 1t wns douhtful in the mind of a gr at ronny peopl but I do want to expre the hope in thi connection that the whr th •r lher would 1> u r vi ton of tbe tnritr, and it was dne to a Ire ·ident will utilize n civilian commi ion if he i · to appoint a mnll ~roup of m n who tlnnlly did bring about a coordlnntlon of tblo commi · ion of individual · to inve tigate condition in Haiti. I tl\n l took up th<> con ·ld rntlon of wbn t iH to-day th Fordney-1\IcCumb have new~paper clipping on my de k, and amono- the complaints At·l. It waR late Hummer in 1022 b for that bill wu pas d, and I of the Haitian p ople there eem to b mo t prominent the think mony of ymt prt nt wlll r m mb r tbnt tb r wa gr at be ita­ fact that Haiti i now run by military force of the Government thm In th me!lntlme IHi to whr.th r there woulnnte and [ll' tty nearly two-third of the nnd e.·pecially to lay tho e fact · before Conn-r ·~, the per on Uou. <' ltt>publlt·un nl tbnt tim . .. 'ow. we won out by n sub tnntial appointed to inve tigate ou"'ht to be civilian and the c mmi ·­ majority thlt~ tim , and sine th • 1 Ion, what bas taken place? ·ion ought not to be a military commi ·ion. According to my ur l't't' ltl nt (•lPct h lipped Ot\,t of the country and ha gone down view. Haiti i now governed by a military atrnp. The high to H11uth Am rlctt n other kind of uu, inc . lie won't be back here commi., loner i. n murine. One of the great comJ)laint of the uutil ,Jnnunry, unu th n b plans to, somewhere in th outb, sojourn people of the island i, that they have a military government for a wbll . imp d upon them. • • • • • • I , imply de ired to xpr the hope in connection with the My c nt rn is not 1 ned at all by tb knowl uge that th<> Pre ·id<>nt con:ideratigi ·Iatlv experi nee. H never Mr. McKELLAR. Mr. Pre ident, may I a k th enntor from rnn fot· otll ' b!'for ~. II ne,• r rnn for v n tbe oiJlce of dog cnteber. Idaho if the pre ent Pre, ident, in making the r quest for tbi,· II llOc!-!n't know nythlng at all, from experience, what legislation fund and thi:s power to appoint ·orne one to repre~ent the Gov- mt>nn . liiH rulntl run on many other ubjects than economic subjects. rnment in ·onnection with the inve ti"'ation, gav any rea on In hi ~Pt' •b s during t11 cnmpnigu you could see that tr cd v ry why our duly con tituted tate Department, which hn~ juri:dic­ tu·grnt ly. We llnv bud hard nougb timP whf'n we have had Pre 1- tion in such mutter. , could not make the inve tigatiou? nn l'nt. who buv bad exp rl 'IIC in conomic. probl •m , with tariff and the enator from Idaho give any rea on to the Senate, before tu. atlun nne! thing. Ilk<' tlult, let ulon n man who hn never had w finally vote on the r olution, why our tate D partment hns any •xp rl nc ot that kind, to g t what we know is e ntlal for the not made uch an inve. tigation and ha not furnished the <'Onllnuo.n or our bu' ln , and not only for the continuance of it Pre ident with ·uch fnct · a - he may find nece ·ary to have in but for ttw d~velopm nt and for the expan ion of it, and of what ha acting upon the matter? b n r :-mon. lbl for th gr nt growth and d •v lopment of tbe country Mr. BORAH. Mr. PreNident, I do not recall that the Pre i­ to lll point of wll r . w nre to-dny. dent expr ~ ed any view.~ with reference to the ability or in­ • • • • • ability of the tate Department to deal with the . object. o Why, tuk • the agriculturnl propo,ition. The agricultural lnter~t of far a my own individual view may be of intere t, I fe I that out· ouutry nr worth 10, 00,00 , 00 or 12,000,000,000 as against the Haitian ituation i · a very erious one. While I have my " ,000,000,000 of indu ·trial value, and yet tllcy will set up a terrible own view a to \Yhat we ought to do, the Pre ident feel tluit rout·. 'l'hl'y will commnnclt>er the e enntors from the pocket boroughs he hould have further nod more definite information and more that they r< pr Sl'nt in the W st, and tb y will do anything at all for delib rate consid ration of the matter than is now at hand iu tb<' fnrm •rs that th y wnnt. W probably bav many, many more order to deal with the ubject. I hav been in favor, therefore tblng involv d; more p opl employ d, more home- , more thing tbnt of giving the President uch amount of money a~ may be nece:: nr • uhsolut ly importnnt to the well-being of oci 1y in these great ooary to enabl him to deal eff ctively with the ·ubj ct a~ he intln trial tntt•. In the l•.tt t, nod yet we hardly t•al a finger, and we view it, not a I view it or a the enate might view it. H eX[H ·t r HUllH to com like the rain from henv n, llke the sun blue i the Executive and the re:;pon ibility i largely upon him, and rr m th ky, llk th d w from above. therefore it eemed to me perfe tly proper that we ~· hould not Now, tn Congrf' H, fr m my experlenc , th fellow tbnt makes the in any way hamper him in ~tudying and dealing with the ubject ruo t no! · , nnd tb fellow that mak th mo t demand , that keeps from the standpoint of the Executive. I do not want to with­ hlH tn·ol>l m in ft·ont of them all the tim , he get service. If be hold fund neces~ary for a thorough .. tudy of the matter. If I do o't ; if h nll g l wben w d n' t go after the thing the way we and end to Haiti an able civil g vernor and et him to the ought to-nothing. And wbll I nm b r to li ten to th policy or the ta:k of working out in a practical wny the Haitian problem. n ~:~ocintlou, thet' I thtlt funtlnm ntal propo~ltlon that is underneath But the Pre. ident hns a differ nt view, and I think he i~ en­ thnt It ms to me iH ruo t important at tbi tlmt>. Tb re i no u of titled to work it out and l!lhould have fund for that purpose. our pr p:tring a-;ch dull• if w ar going to allow ongre to drift Mr. l\lcKELLAR. :Mr. President, if the enator will permit nlonl( and lt•t somebody A' t to Mr. Hoov r and lntlueuce him to let me to make a statement before we vote, I want to .·ay that I th thin"' go until fall, ana not get it done a quickly as possible as agree with him. I would not hamper the Pre"ident in makin"' lt ought to b done. · ' · any investigation he may see fit to undertake. I am utterly Now, I want to tllnnk you for the opportunity ot appearing before oppo"ed to any more commL ion . The joint re:ilolution do ,' you, nnd what I have sn ld is just the accumulation of some years of not provide for a commi ion, and I am very happy that it doe X(ll'rl ncl', nnd ome contacts fn the campaign. I thank you. not a it is now amended. Yet at the same time I do not want (Apphu .) to be in the attitude of denying the Pre ident access to any

L .. ~ .. II-180 2850 CONGRESSIONAL RECORD-SENATE FEBRUARY l l information or any facts that he may desire in this important House of Representatives passed a joint resolution which it matter. thought carried out the ideas of the President. The members Like the Senator from Idaho [Mr. BoRAH], my mind is of the Foreign Relations Committee felt satisfied that there already made up about the matter. I think the American Gov­ should be no limitation whatever placed on the power of tlle ernment ought to get out of Haiti. We had no business going President to secure all the information and all the facts he in there, and we ought to get out. It is not our duty to govern might desire in order to enable him to reach a conclusion as to Haiti or any other foreign nation on any pretext whatsoever. a wise solution of the very delicate an<} difficult situation aris­ As I said, while my mind is made up, if the President bas not ing because of our relations with Haifi. The joint resolution any views upon it or if facts are not available to him, this as reported gives him unlimited power, the amount of money appropriation ought to be made or authorized for the purpose he desires, and full authority to spend it as he may see fit in of enabling him to make the investigation and get the fads. order to obtain the desired information. Mr. BORAH. I have reason to believe that the President I had hoped that a commission, or such agency as the Presi­ desires to get out of Haiti, but it is a rather difficult task to get dent might select, would not go to Haiti until after the presi­ out in view of the circumstances which surround us at the pres­ dential election in that country, which, as will be recalled, will ent time. As I understand, the President desires to inform him­ be held in April next. I thought it would be wise for us to wait self fully, through able representatives, of the condition of until after that election before any investigation was started affairs so that be may formulate a policy and get out of Haiti there, as it would be most difficult for us to escape the charge with justice to Haiti and with honor to the United States-as that we were there for purposes in connection with the election much, at least, as can be gathered under the circumstances. of a President in Haiti in April. I hope the President will see Mr. NORRIS. Mr. President, I think the President is con­ fit not to do anything either as respects the time or the method fronted with a very difficult situation. It is not wrong to say of appointing this commission that might be subject to the either that the Congress and the American Government are con­ slightest imputation that we are endeavoring to intervene in fronted with a difficult proposition. Men disagree, honestly dis­ the election of a president in Haiti in April. We may have to agree, as to what their duty may be. I have many times ex­ investigate that election after it shall have taken place, to pressed my views on this and similar questions. ascertain the facts, to learn whether any influence was exer­ According to the way I look at it, this action on the part of cised in procuring the election of a president contrary to the C<>ngress would not be necessary. The President bas the au­ ~es of the people of Haiti. thority and has the means, ~f he has not already all the infor­ The treaty which we have with Haiti will expire in 1936. mation in his possession, to get everything that is necessary. We have certain obligations under that treaty which we can not But be has an action to take and I want to look at it, if I can, shirk, but there is no doubt that by 1936 our relations to Haiti from his viewpoint. must be changed or we must negotiate a new treaty, for if we I wish to give him an absolutely free range to follow his own should remain there after that date, we would be doing so viewpoint, and although 1 would not think it was necessary for without a treaty and without the concurrence of any organized this money to be appropriated, nevertheless I shall vote for it government there. cheerfully on the theory that the official who has the responsi­ In many respects conditions in Haiti have improved, as I bility resting upon him, in the main, ought to have his own way know from a visit there. Sanitary and health conditions have in the matter of making an investigation. Whether I think it improved in many places ; the schools have improved ; and in necessary or whether anyone else thinks it necessary, if the Pres­ some places industries are in much better condition. In general, ident thinks H is necessary, I desire him to have ample pl'OVi­ the island is more peaceful than it has been for a great many sion to carry out in good faith whatever he desires to under­ years. However, the fact can not be ignored, Mr. President, take. I should not object if it was called a commission ; it is that political conditions, which were the occasion of our entering just the same, in effect, as though we .should call it a commission. Haiti in the first place, have not improve

• 1930 co GRE I IO.L L R.ECORD-SE.L:rATE 2851 nited tate took p . · ion be­ A to directing the Pre ident to say what he is going to nch that they w re intolerable- examine, who i going to be examined, and what he is going to find out as to what this President did or what som other President did is another matter. I presume he wilt try to find out to what extent the condition have improved there and to what xtent further improvement may be brought about. All I know that he i the fir t President ·who ha ever mani­ fested a real de. ire that an inve tigation b unromptlngs of - {H'dl ncy or cowardice. would not have speak-easies, but we would then have the old saloons. 1 Invoke the lnetrncenble r cords ns wltne es to prove my accu­ • • • Prohibition iS not responsible !or the 32,000 speak-easies tbut el\t lon thut th EJUplr "tate to-day stands pillori d before the world the pollee commissioner claims there are in New York. Their existence n n r pud!ator of u olcmn net of ratification and as n willful nullifier in any number is directly attributable to the fact that the State of New or th 'onsUtutlou of the Unit d Stat s, and wlll so stand convicted York nod the municipality of New York City a ~ ·ume no re ponsibillty unt ll th sham<'ful r p nl of the tnte enforcement act is atoned for for the traffic and the sale of intoxicating liquors. It seems almost liY u n w nnctment that wlll r tor the State's alleglnnce to the funda­ incomprehensible in this enlightened day that a State or a municipality m<·Ht tl law und purge 1t of its violation of the Fed raJ compact. having the welfare o! the city at heart should P"rmit the sale of in­ Th mer' 1:1tutcmcut of the una uilable facts su tain this monstrous toxicating liquors without any sort of police supervision. chat·~ : " Is it any wonder, then, that, in denying all respon ibility for the Ou l c1•mb r 17, 1!)17, the eighteenth amendm nt to the Con tltutlon traffic in liquor, and with no regulation from the police, except what wnK atlopt ~ by the !IOU!' of Rf'presentatlves by a vote of 2 2 to '128; they choose to inherit from Federal law, the speak-easy situation in ou D emll r 1 th Pnate concurred ; on August t the enate had New York City bas become n stench in the nostril o! every d cent vol<' murders would probably never hnve been committed if the pollee had not'H 78.:1 p r c •ut nmrmttUYe; in the senates of the re. pective lt'gls­ ronde an earnest effort to stamp out the peak-easy evil. lnttm H th • vot Wt\1! 1,310 ayt• 10 2:37 noe - 4.6 p r cent affirmative; " Imagine the condition thnt would arise in this grent city if the th • proportion or th1• population of the United tnte re idlng in the police and local authorities dist·egarded any regulation of the tramc in tnt H which rntltiN1 thl' amendment wa 9 .- p r cP.nt; 1. per cent our treels. rf'mulninl{ reHlde In th1• two tute , Rhode l!ilnnd nnd onnect!cut, " ncb a situation is inconceivable. which dlalized that impo ible. prohibition j opnrdlz t!lng up Ilk Jll\l brooms, o that befor many months had that he i. forced to the conviction that this Ineffective activity on the <'lnp~t•d tlw pollc eomml loner of the city of New York publicly tated part of the city authoriti<'S against the speak-ea ·y ·ituatlon 1 part of that In N w York lty nlon 32,000 of thc>l filthy d n~ were operating, the conspiracy to su taln the contention that national prohibitiou is tlnuutlng tbt'lr SNluctlons nud p rnlcluus allurements Jn open, flagrant un<'nforceaiJie. dt•tlnnc or the lltw, wllh the complai ant npprovnl of the authorities A most deplorable fact i the conclu!'!lve evidence that the polic(', in­ who hnd solt'mnly sworn to uphold it mandate. What mn.ke the ltp­ stead of ignot·ing sprak·easlcs indirectly as commanded by their superiorR, tlOJI wor ~e is lht t It !H not only the Federal prohibit ion net that is thus are extorting graft from them on the promise of protection, aggregating scanclttlou ly I:II'OruNl but ont· own court ot npp als I held Jn contempt many millions of dollars annually. The reported tax tor this pl'otectlon b.r th Ut' rlslv mnl factors who ynlcally mock it , olemn judgment and ran~es from ., 5 to 20 per w ek; in the case of night club , it is reputed b:l t•ly f r w nr th('lr onth of office. to be s veral times this um. Moreover, there is evidence that in 'l'he court or upp •nl , In a notnllh' deciHion banded down a few month numerou instances policemen have proprietary intet·ests in them. ago, held thnt n :pf':t k· nsy 1 n public nul~ nee und r ection 1530 of Within a few w eks two poU cemen were shot in speak-ensle ·, tb('lr th tnt Pt••wl od •. Under this decl~ion it 1 clearly as much the pres •nee In each ca e evld 'ntly being in the capacity of owners, wholly duty or dl>lt-rlct n t loi'DI.'YS, our police commi. ,;loner, nnd the State nod or In part; the money belt found on one of them contained nearly city l)ollc:t• o fl k lal ~ to pt·ocf:ed ngnin t lniqultou grog shop ns to ferret 1,000 in currency. out nuy othet· dt ns or vice thnt 1nr~ · t th community. The favorite ar~ument o! the wets is that the law is not , incet·cly I quote from th • cur •Cui und ~;tudi d utt ranee of Muj. Maurice enforc d by the Federal authorities, and they point to ~.:·ew York, with Cnmphr.ll, thl' chiP.f prohibition administrator ol New York City, for­ Hs 32,000 ,peak-en ies, a::; proof-yet they stand in solid phnl:uu: in 1 moll · 1 f'llvcrPd before n meeting of ministers In New York City January determined opposition to a State enforcement law, which e\·<'ryon ~ 13, 19:SO: ... acknowledges is the only po ·sible means of properly testing its enforce- 285~ CONGRESSIONAL RECORD-SENATE FEBRUARY 1 ability. It is useless to add another syllable to expose. this arrant clinics, churches, and other public and private institutions. There will bypocrjsy and deceit. be established a constructive relationship between the boy and the What is the true situation? police." The total number of Federal officials, including judges, district attor­ What an insult to intelligence, what a travesty on common sense, neys, United States commissioners, marshals, deputies, prohibition agents, what a deplorable exhibition of hypocrisy are here exhibited! The most and customs officers in the State of New York, number less than 500, efficacious crime-prevention step the police commissioner can take is to as against 35,000 State enforcement agencies. The entire force of pro­ observe his oath of office and see to it that the 20,000 police officials hibition employees in the United States, including the field service, subject to his commands do likewise. Close the crime-breeding speak­ numbered on June 30, 1929, less than 4,700. New York employs one easies and, indeed, there will follow " a constructive relationship police or judicial agent !or each group of 343 inhabitants to enforce the between the boy and the police" and New York City will be purged of laws, yet the wets have the audacity to assert thf!t because one prohibi­ the most damnably pernicious focus of criminal incubation and propa­ tion official out of each group of 24,000 inhabitants does not succeed in gation that ever dishonored a civilized community. suppressing the liquor traffic that the law is unenforceable! Time will not permit, nor does the subject require an argument as Is one police official able to suppress crime among 343 inhabitants to the wisdom, the expedience, the propriety, or the salutary results nnder his supervision? The overflowing penitentiaries, the bloody riots of the eighteenth amendment. Suffice it to say that it is an integral which recently have horrified the State, the tens of millions being part of our Federal Constitution, as much so as the bill of rights or appropriated for additional penal institutions, the crowded jails, the any other article of that sacred instrument. Every assault upon the congested State courts, the stories of murder, arson, burglary, banditry, measure, led by the most profound, the mQst astute lawyers of the Ameri­ swindling, gambling, and other sordid crimes which are catalogued each can bar, every expedient argument and technicality known to the law day all over the State, are the overwhelming refutation of this stupid was resorted to, but the Supreme Court of the United States in re­ assertion. Because the one officer in each 343 inhabitants is unable to peated opinions sustained the amendment in every detail; every on­ suppress this carnival of crime, shall we conclude that our penal laws slaught, every thrust that cunning maneuver, crafty legerdemain, or are unenforceable and that all should forthwith be repealed? Are we legal trickery could devise were parried by the Supreme Court, and the to surrender to murderers, felons, and other lawbreakers, confess the law has been unreservedly upheld in luminous, all inclusive, easily utter futility of repressive laws and relapse into a state of savagery comprehensible, irrevocable opinions. because, forsooth, we are unable to entirely dam up the putrid stream It is a malicious perv-ersion of the truth to affirm that the law was of vice which at times threatens to overwhelm us? God forbid ! enacted by stealth. Thirty-three States of the Union had adopted State The prohibition commission reports for the year ended June 30, 1929, prohibition prior to the date upon which the national . prohibition act that the total property in New York seized and destroyed was valued became effective. Nineteen States have a prohibition provision in at $1,312,664.36; total proceeds from property seized and not destroyed their State constitutions-in 28 States prohibition was approved by a $4,461.10; fines assessed in New York aggregated $881,000; 344 injunc­ vote of the people before the eighteenth amendment was adopted. In tions were procured, not one rejected. The total convictiens in the 1917, two years before we adopted national prohibition, there were in State were 11,042; 80.7 per cent in eastern and western New York; the State of New York 9 dry counties with 293,460 population ; 5 dry 55.6 per cent in northern New York. The most pathetic part of the cities of 25,000 population or more, but less than 100,000, containing report, which exposes the utter indifference of the State authorities and 190,904 inhabitants ; 11 dry cities with population between 10,000 and convicts them of defying the law, is the following: 25,000 containing 150,198 inhabitants; 12 dry cities with population Total persons arrested in New York State by Federal prohibition between 5,000 and 10,000 containing 80,643 inhabitants ; 121 dry mmli­ officers, 8,265; persons arrested by State officers assisted by Federal cipalities with population between 1,000 and 5,000 containing 242,734 officers, 4; persons arrested by State officers on information furnished inhabitants; 172 towns witll less than 1,000 inhabitants containing by Federal officers, 93. 131,611 inhabitants; a total dry population in the State of 1,107 ,550. We have abundant evidence at our very doors that an honest, A mere recital of these facts is a crushing refutation of ·the viciously courageous, determined public official, who respects his oath of office, mendacious allegation that prohibition was won by surreptitious or illicit can enforce the laws and can suppress the speak-easy evil. I refer methods. to the brilliant work of the Hon. Elvin N. Edwards, the district at­ It is pitiful pettifogging or deplorable ignorance to assert that the con­ torney of Nassau County. I do not know whether Mr. Edwards favors current jurisdiction clause in the amendment imposes no legal or moral the eighteenth amendment or in his heart believes it is mistaken leg­ obligation on the State. If that were true, our National Government islation. What I do know is that he recognizes his sworn obligation is spurious, our Federal Uni<>n a sham:. to enforce the laws of his country and by the grace of God and his The powers and policies that are in our National Constitution do courageous conscience he is doing it in Nassau County. not depend for their execution on specific directions to Congress. There Within the past few months he bas closed 500 speak-easies and is no way, by any known process, to compel Congress or any legislative road houses in that suburban county, over 200 by actual raids. He body to discharge a constitutional obligation. Every Federal official, has arrested 225 defendants upon indictments for violation of the every State official, every Congressman, every member of the legisla­ public nuisance act for· conducting a speak-eagy. The statement that ture, every officer, Federal, State, or municipal, from the President of places which are closed are soon reopened is false. When there is a the United States down to the lowliest municipal officer, before he conviction the :fine is $500 and a year's imprisonment, but the prison enters upon his duties must solemnly swear to support the Constitu­ sentence is stayed pending good behavior; the defendant is put under ~ion of the United States; not one clause or one section, but the entire parole for a period of two or three years and must report weekly or instrument. Under this Constitution, among other provisions, is a monthly as to exactly where be is living and what be is doing; more· clause declaring "The Senate of the United States shall be composed over be is under constant surveillance. of two Senators from each State, chosen by the legislature thereof, etc." Of the hundreds convicted, up to December 13, last, only 15 broke (later amended to election by popular vote). There is nothing manda­ their parole, and these 15 are now in the penitentiary. Mr. Edwards tory. A State can not be compelleQ. by any process to comply. If in states that for every $2 spent in investigating liquor cases the State this matter all the States followed New York's example in respect to bas received $3 in :fines. He writes : " I am not closing only the poor the eighteenth amendment, our Federal Union would instantly fall man's place, I am closing any place-rich man's or poor man's-if it asunder. It is the same with Congress in most of the provisions of comes within the provisions of section 1530 of the penal law (the nui­ the Federal Constitution: There are no means of compelling Congress sance law)." While he finds the nuisance law efficacious in Nassau to pass appropriations or to perform any of its natural duties, except County, be writes: "A State enforcement act would make it a great deal a moral and legal obligation, and the only sanction is the conscience easier for district attorneys to obtain convictions before juries, because of the individual, his oath and his honor. And so it is with the State. the words 'public nuisance' imply different connotations to many The members of the legislature have sworn to uphold the Constitution juries, and unless a case is clearly explained and prepared juries might of the United States. United States Senator BoRAH, in a recent utter­ balk, but 'they do not in Nassau." He adds this very significant obser­ ance, asserted : vation : " If there was a speclilc State enforcement act there would be "When a policy is declared and written into the National Constitu­ no excuse for the police or the district attorneys to sidestep the issue, tion and power is coupled with that policy • • no man can as­ but I really believe that when district attorneys or police fail to take sume a position of public trust connected with that service and legally advantage of section 1530 (the nuisance law) they are gui1ty of failing or morally refuse to assert that authority." to perform their duty, besides violating their constitutional oath of The authority carries with it the legal and moral obligation to act. office." When a State officer swears he will support the Constitution of the Here we have testimony of this honest, courageous State official, United States he is in honor bound, be is morally obligated, be is which precisely parallels the evidence and experience of the honest, legally required to vote in consonance with his oath. The Supreme courageous Federal official quoted previously. Court has held that the Constitution casts upon Congress "the duty A few days ago Police Commissioner Whalen, of New York, estab­ • • • of enacting such regulations and Ranctions as were essential lished the new bureau of crime prevention. The duties of this new to make the articles of the Constitution effective." The concurrent bureau as outlined by the commissioner will be : clause has been construed by the United States ·Supreme Court as "To cooperate with all active reconstructive forces of society, both to forbidding " Congress or the several States from defeating or thwart· prevent criminals from committing crimes and to stop recruiting of ing prohibition," • • • "but only to enforce it by appropriate criminals. In its activities it will invoke the cooperation of schools, legislation." 1930 IO~JAL RECORD-SENATE 2855 Th Ham obllgn.tlon, mornl and legal, that re ts opon Congress and A great deal is . aid about Canada's relapse !rom prohibition. It th tal to curry out the provi ions of the F deral and State Con~tl­ is not for me to charge to what extent revenue figured in this result, tullou llo that gov rnmt>nt mny be mnlntained, applie · with equal but it is a tact that the liquor traffic revenu<' in tbe Provinces of ennctlty to the lght nth amendment. Th tate official who r fuse anada ro from 3, 37,000 in 1920 to $22,7G5.000 in 1928, and Is to tuUlll thl. clear obligntion are r cr<·nnl to their tru t, forg tful of now eotimated as greatly in exce of $30,000,000-in !net, the revenue th It· oath of omc , imp rn tht>lr official honor, and impair their official derived from alcoholic b<'vernge in the Dominion in 1028 wns one­ li'UOd (1\lth. eighth of the entire revenue; to-day it is e timated as not far from E ·- nit 8 per cent. <'hi f JRHU • in the pr<'sldl'ntinl and congr s lonnl elections was prohibi­ Manufacture of wine lncrea ed 401 per cent. tion; :nvernol' mltb In h!R tf'l<'g•·nm to his convention certainly made onvictlons for drunkennes , 191 . 21,026. prohibition th dominant !HRU<'. Th r llgious i · u , in my opinion, onvictions for drunkenness, 192 , 33,095. })rnctlcttlly balancetl its lo~~"t' nnd gains a re. pect each cnndiclnte. Dt'aths from alcohol (excluding Quebec) 100 per cent increa e in five lev 11 tbou~h thl. is db;putcd, H certainly mu .. t be ncknowlt>dged that year. ongn·~:lounl r sult!l wert' unnfl'€'CtNl in tat'· wher the religlou i ue The battle over whi. b:y is not new in tbt: country. In 1793, when wn~ mo t acute. The n w ongr cho n in that pirited conte t our Nation was in its swaddling cloth('S, before our Con titution was ontnln~ only 114 Mem l'ri out of 43{) who nre even mod rntely wet; out of the cradle, whi ·ky insurrection occurred in Pennsylvania, led mor•ov 1·, only 61 wllo Ill'<' militantly wet and outspoken tor the out­ by farmers who refu ed to obey the exci e law impo ing n tax on right r pcnl of tlle lttw, II'~. than one-~ venth of the total-a pitiful whi ky manufactured !rom their grain. Pre jdent George Wa hington minor! ty. Th lo" r Uouse certainly r('tl ct tb popular will ; the took the field at the bead of the army and suppre ed the rebellion. 321 Mt•mh r ~:~ out ot 4.35 who tcadily and uutnlt rlngly vote dry every Again, during the admlni tration of President Grant, a whisky tlnw, rtnlnly know the wishc of their con tltutcnts nnd would not ring entangled the highest Government officials in a ~limy me.s of dnrt' to vot <'ounler to th m. Do <•nntor Wadsworth believe that he corruption, besmirching the ecretary of War and other high Gov­ kll(lW th Wl.'ht• or tlle a:.n dl trict b~tter tbnn tbe: Repr entatlve ? ernment officials and bringing shame and humiliation upon th entire Hut that is not all. 'rhe "be r bloc,'' or th 61 outri .. ht rep alers of ~.•ntlon. Whi~ky and political corruption always have been h~md­ th<'. 114, r •pr(' nt only 10 of the 4 tate , and 56 of the 61 come maitlen~, always have been re ponsible for be~mirching our escutcheon from ew York ity with its nujncent communiti •s, hlcago, Philadel­ with it foulest tains. phia, \IIlwauk , "t. LonlR, and levclnud- nll of which clti s are the Only a few day ago in Bo. ton. the cradle of American liberty and c<•nt rl:l of nll<•n cong ~tlon. It i!l a fnct that if the electoral nppor­ nntionnl con cion. nes , a mob tore down the recruiting emblem ot the tlcmm nt law ot th'e 'tate of New ·ork, which ex lud unnaturnllz d United intes Government at Fnneull Hall, and under the leader hip of all<·n in th . o.pportlonment bn ·is for nator· nnd Repre entntive , a former mayor of Boston pa sed resolutions breathing defiance of our wer<' oppllNl tn the l•' derul cl ·ction , thl rndlcnl w t group of ;>6 fundamental law and contemptuou ·Jy deriding the authority nnd di.guity would ll<• rednc d Vl•ry mnt<•rlally. It Is n deplorable fact that the mo t of the United State Government. To such extreme is the whisky voclft•roua blo I hcrtlktte in the wet congre ional group are actually fanntici m pt·oceeding that unle s promptly checked and overawed by hol('ttl tlle thlrt •nth, fourt enth, and fifteenth amendments; but na­ for the Republican leg! lature to pa s an enfor·cement law which the tlonnl lnwH must not b r glonnl. It such became the case, our Union Democratic governor might veto. What of that? Shall repudiation woulcl plit nsund r. and nullification be allowed to reign unvexed nnd una ~ailed in the W' tri d tate prohibition, when 33 States had enacted rigid pro­ great tate ot New York because, tor ooth, there is a probability that hibitOI'Y law , but the other 15 mad them nugatory, and national the act of ab olutlon may be defeated by gubernatorial veto? Peri h leglslatlon wn the only alternative. Tb re is an orderly proce to the thought that men have unk so low in their respect for oul' insti­ rcpl•nl the am nitlon. nly 10 years ngo New York lty alone had 20,000 licensed defeated by an interposing veto, their con cience is clear and the respon­ saloon I hnv lltlcnl purity compnr d to the nloon of former days, which were con ideration of executive bu in th' prolific hatcheries or polltical trick ter and their satellites, tor The PRE !DENT pro tempore. There being no me ages ruffians, bandit , and crooks, tor gnmbler , pro titutes, and swindlers, from the Pre ident of the United State , reports of committee. tor th ot1J' !>Warm of foul criminals in ev ry r put ive phase of are in rder. There being no report· of committee... , the calen­ wick dn s. dar i in order. All to corruption tn wet days and the pre ent: tatlstics show that the CUSTOM SERVICE p r cuptto annual conRumptlon ot liquors in the United States wa , in The legi lath·e clerk read the nomination of Frank C. Tracey 1 50, 4.0 gallon ; 1900, 17.76; 1017, 10.05. In other word , the drink to be .. urveyor of cu tom di trict .~."o. 2 , .'an Franci co, Calif. bill of th country 12 y urs ago, putting the sale price per gallon of Mr. \ 1 ATSON. I am told that by agreement that i to go wlnc and wbl ky at $6--n very low e timnte--beer at $2, was $6,600,- over. 000,0 0 l)C'r ycur. The wine and whi ky exporter ot Europe and the e."t­ The PRE IDE .. "T pro tempore. The nomination will be dlRilll r . • nd brew rs ot t.he United States have seen that blll cut about passed over. u P<'r <'Cnt, n los or about $G,OOO,OOO,OOO per year, and what remains PO TMASTEBS golng chi fly to bootlegger aud illicit distillers. It would be tnt rest­ The legislative clerk proceeded to read the nomination of ing to 1 am just bow much money these foreign and domestic intere~ts undry postma ter . Ill' pnylng to finance the pr sent pa ~donate, fanatical, o.nd extremely· The PRESIDENT pro tempore. The Cbair would cnll the at­ l'XP 11~lv w t camp ign now being so vigorously prosecuted by high­ tention of the Senator from Texas to the nomination for Texa.:. pow t' cl nnd · blgll-salnrled agents, speaker , promot('r , publlcity men, JUr. CONNALLY. I a~k that calendar No. 1998, the nomina­ und 1h countlcl:! subngents o.nd undercover agitator . tion of George B. Black to be po tmaster at Comanche, Tex., 2856. CONGRESSIONAL RECORD-SENATE FEBRUARY 1 may go over until I have an opp(>.rtunity ·to · consult with the Demas Thurlow Craw to be first lieutenant, Air Corps. junior Senator from Iowa [Mr. BROOKHART]. Henry Isaac Kiel to be first lieutenant, Infantry. The PRESIDENT pro tempore. The nomination will be Daniel Harrison Hundley to be first lieutenant, Infantry. passed over. If there are no other nominations to be passed William Walrath Lloyd to be :first lieutenant, Infantry. over in the list of postmasters, without objection the nomina­ Jacob Robert Moon to be :first lieutenant, Infantry. tions, with the exception of the one noted, are confirmed en Thomas Harrison Allen to be :first lieutenant, Infantry. bloc, and the President will be notified. Raymond Rodney Robins to be first lieutenant, Infantry. IN THE REGULAR .ARMY Peter Sather, jr., to be first lieutenant, Field Artillery. The legislative clerk proceeded to read sundry nominations Richard Garner Thomas, jr., to be :first lieutenant, Infantry. for appointment and promotions in the Regular Army. Frank Faron Carpenter, jr., to be :first lieutenant, Field The PRESIDENT pro tempore. Without objection, these nom­ Artillery. inations are confirmed, and the President will be notified. Ralph Parker Eaton to be :first lieutenant, Infantry. Henry Dahnke to be :first lieutenant, Infantry. IN THE NAVY Robert Carlyle Andrews to be :first lieutenant, Infantry. The legislative clerk proceeded to read sundry nominations Herbert Frank McGuire Matthews to be :first lieutenant, for promotions in the Navy. Infantry. The PRESIDENT pro tempore. Without objection, these Buford Alexander Lynch, jr., to be :first lieutenant, Infantry. nominations are confirmed, and the President will be notified. Noah Mathew Brinson to be first lieutenant, Infantry. FLORENCE F. DAVENPORT, NAPOLEON, N.DAK. Albert John Dombrowsky to be first lieutenant, Infantry. Mr. FRAZIER. Mr. President, on yesterday Florence F. Jean Dorbant Scott to be :first lieutenant, Infantry. Davenport was confirmed as postmaster at Napoleon, N. Dak. Robert Walter Stika to be first lieutenant, Infantry. I received word to-day that this lady has moved out of the Ovid Oscar Wilson to be first lieutenant, Infantry. State of North Dakota, and I move that the President be re­ Forrest Ralph Ostrander to be major, Medical Corps. quested to return the nomination to the Senate. Aubin Tilden King t.o be major, Medical Co1·ps. The motion was agreed to. Julian Wallace Cunningham to be major, Cavalry, Regular .Army, with rank from January 21, 1930. RECESS PROM-oTIONS IN THE NAVY Mr. WATSON. Mr. President, as in legislative session, I move that the Senate now take a rece~, the recess being until Percy K. Robottom to be commander. Monday at 11 o'clock. Harry E. Rice, jr., to be lieutenant. The motion was agreed to; and the Senate .(at 4 o'clock and Ralph T. Zinn to be lieutenant. 50 minutes p. m.), under the order previously entered, took a Samuel J. McKee to be lieutenant (junior grade). recess until Monday, February 3, 1930, at 11 o'clock a. m. Henry R. Delaney to be dental surgeon. Charles J. Harter to be paymaster. Wilson S. Hullfish to be paymaster. CONFIRMATIONS Sidney P. Vaughn to be paymaster. EaJecutilve nominations confirmed by the Senate February 1 Hugh F. Gallagher to be paymaster. (legislative (fay of Ja.wua.ry 6), 1930 Robert O'Hagan to be paymaster. APPOINTMENT IN THE ARMY George C. Tasker to be paymaster. To be quartm't'naster general with rank of major general Charles C. Timmons to be paymaster. Michael J. Stul;>bs to be paymaster. John Lesesne DeWitt. Alfred B. Clark to be paymaster. PROMOTIONS IN THE ARMY Henry Guilmette to be paymaster. Clarence Curtis Culver to be colonel, Air Corps. John Flynn to be paymaster. Frederick Goodwin Turner to be colonel, Cavalry. Verne V. M. Boggs to be paymaster. Joseph Choate King to be lieutenant colonel, Cavalry. Harry Atwood to be paymaster. Martyn Hall Shute to be lieutenant colonel, Infantry. Bert R. Peoples to be paymaster. Ralph 1\fcTyeire Pennell to be lieutenant colonel, Field Artil- Percy C. Corning to be paymaster. lery. · Philip A. Caro to be paymaster. James Madison Garrett to be major, Field Artillery. Roark Montgomery to be paymaster. Alan Pendleton to be ma3or, Infantry. William C. Wallace to be paymaster. Sam George Fuller to be major, Cavalry. Thomas A. Durham to be paymaster. Leighton Nicol Smith to be captain, Cavalry. Gaillard Rembert to be paymaster. Charles Wilbur Pence to be captain, Infantry. Wallace Prior to be paymaster. Jerome Grigg Harris to be captain, Infantry. Edwin F. Barker to be paymaster. Henry Eaton Kelly to be captain, Infantry. Walter A. Buck to be paymaster. Claude Bayles Mickelwait to be captain, Infantry. Thomas E. Hipp to be paymaster. William Barmore Sharp to be captain, Infantry. Ray C. Sanders to be paymaster. Arthur Charles PerMn to be captain, Ordnance Department, Albert R. Schofield to be paymaster. Marcus Ellis Jones to be captain, Cavalry. Hugh C. Adams to be chief gunner. Harold Patrick Hennessy to be captain, Coast Artillery Corps. Ernest L. Rairdon to be chief gunner. Walter Asbury Bigby to be captain, Infantry. Harold L. Whiteacre to be chief gunner. Fred E. Gaillard to be captain, Infantry. Samuel A. Devlin to be chief electrician. Robert Robinson to be captain, Signal Corps. Cia ud P. Metcalf to be chief electrician. Herman Odelle Lane to be captain, Infantry. Lester M. Larson to be chief electrician. Wilford Reagan Mobley to be captain, Cavalry. Frederick Myers to be chief electrician. Richard Tonkin Mitchell to be first lieutenant, Infantry. Albert J. Berberich to be chief radio electrician. George Edward Lightcap to be :first lieutenant, Infantry. Edgar J. DesRosier to be chief radio electrician. John Archer Stewart to be first lieutenant, Infantry. PosTMASTERS Samuel Henry Fisher to be first lieutenant, Field Artillery. FLORIDA Dennis Milton Moore to be :first lieutenant, Infantry. Simeon C. Dell, .Alachua. Houston Val Evans to be :first lieutenant, Infantry. Anna W. Lewis, Everglades. Clark No1•ace Bailey to be first lieutenant, Infantry. Leona Sable, Lacoochee. Victor Emmanuel Phasey to be first lieutenant, Infantry. Charles M. Shinn, Lake Alfred. Clyde Davis Eddleman to be first lieutenant, Infantry. George W. Smith, West Palm Beach. Russell Leonard Moses to be first lieutenant, Infantry. KENTUCKY John O'Day Murtaugh to be first lieutenant, Cavalry. Sarratt Thaddeus Hames to be :first lieutenant, Infantry, Benjamin F. Wright, Seco. Virgil Rasmuss Miller to be first lieutenant, Infantry. LOUISIANA James Somers Stowell to be first lieutenant, Air Corps. Ruth W. McCleish, Athens. Arthur LeRoy Bump, jr., to be first lieutenant, Air Corps. Joseph D. Hebert, Cottonport. Reeve Douglas Keiler to be first lieutenant, Infantry. Marguerite L. Tatum, Gibsland. George Emmert Elliott to be :first lieutenant, Infantry. Edwin R. Ford, Jonesville. William Wallace Cornog, jr., to be first lieutenant, Infantry. Auburtin H. Barre, Mooringsport. 1 19 0 E t I N L RE RD-llOUSE 2857

1\:fnry , . IIunt r, Pin vill . MINORITY IEWS ON H. R. 11 Lawt· nee J. B nin, St. Murtinvill Mt·. H DDLE. TON. Mr. peaker, I ask unanimou · con ·ent 'amu 1 M. Plon~ky, Wn.·hin~tou. that I may file minority view. on the bill H. H. 11. NEW M ICO The ~ PEAKER. 1.' th r objection to the reque t of the gen­ Phillp . un ·h z, Morn. tleman from Alnbnma? Mr. 'NELL. Re erving the right to object, will that delay RROl>E ISLAND the bill? · J,ukt~ J. Word, \Vi ·kfor wa · no objection. THE LABOR CO T OF T&..\.N POB.TATION A'l' nDAY, February 1 1930 l\Ir. IIL'DDLESTON. Mr. peaker, a few week. a o I placed in th RECORD a di::icu. sion of the labor co t of shoe . I now Uon~t m~t nt The 12 ,· ·I •k noon. \vl,.:h to ·ommPnt upon the labor co t of tran...,portation. The <'haphtiu, H v .•Jnm · 'b ra Montgomery, D. D., offered What figur do wage cut in the co t of railroad transporta­ th • foll witt" lH'llY r: tion? Thi · i · a que. tion of prime importance in the~e day of 'ocl, lnfinit and t rnul in Thy b ing, Thy m rcy we accept tariff bill , bill fot· railroad consolidation, and other imilar wl t hont dt•ft'llH . 'l'bou do. t cnr for tb need of th bildbood mea ur(:>:. To what extent doe th wages paid labor in trans­ f tlw world; it tran. • nd • all arlbline.· ; Thou urt Lord of all portation enter into the co t of living? und Y<'t ~!'I'YIInt of niL LN 'l'by truth run tbr ugh the arteries According to the late t fig1.ue .. which includ the year 1028, r u•· morn I nat nr H, that it mny cloth u with the ,·pirit of the the hare of all lab r in railway-operatin~ revenut' · wa 46.25 cotlrinl men, and appr "d. other have an intere t of 53 .. 75 per cent. Thi", of course, doe ME'S AOE FROM THE BN.\.TE not take the intere"t of the general public into ac ount. Not counting the g ncral-public intere·t then, milroad em­ A m ·~. n~ from th , · nat by Mr. t·av n. it principal clerk ployee , a · uch, ..,hould be given 46.25 perc nt of influence upon nrmoun · •cl thnl the 't>nnt bnd pa.: d a joint r olution of the th measure, a again t 53.75 per cent for all other intere ts following tit I , iu whi ·h th concurr nee of the Hou ·e is re­ combin d. Of cour~e, the employe al·o have a public intere. t, lv for this tobacco, and not feel that he 1922------47.50 wn~ h ing ov rr uch d. Tlm the in pection would bring about 1921------50. 13 clo~('r · Olwrntion and bPtter under ·tanding between the pro­ 1920------59.G9 1919------~------54. !)7 du •<>r~. war homwm n, and buye1· . 191 ------~3.40 'l'hcr wonl1l b nvnilable to the farm r definite and prac­ 19161911------______43.40. 333 tical inf rmnt i n n mr nt price by grad ba d upon the Year nded June 30 : n t unl . nlP~ f tobnc· o and the fnrmer would soon fully 191 ------40.43 und r~tnu fnctor, and not only get a much better price 1915------42.02 but niHo b h tl t' ~atiAfl d with th ir ale . 1914------44. 17 1913------43.05 It H mH to me that G vernment in p ction of tobacco before 1912------43. 0 it iH Hol