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Congressional R"Rcord-Senate __

Congressional R"Rcord-Senate __

1706 _CONGRESSIONAL R"RCORD-SENATE__ FEBRUARY 8

962. Also, petition of the Central Labor Union, Columbia, CLAIMS OF OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICE Pa.; to the Committee on the Judiciary. The VICE PRESIDENT laid before the Senate the follow­ 963. Also, petition of the Knights of Civilization, San ing message from the President of the , which Francisco, Calif.; to the Committee on Ways and Means. was read, and, with the accompanying papers, referred to the Committee on Foreign Relations: SENATE To the Congress of the United States: I enclose herewith a report which the Secretary of State FRIDAY, FEBRUARY 8, 1935 has addressed to me in regard to claims of certain officers (Legislative day of Thursday, Feb. 7, 1935) and employees of the Foreign Service of the United States for reimbursement of losses sustained by them by reason of . The Senate met at 12 o'clock meridian, on the expiration catastrophes, war, and other causes during or incident to of the recess. their service in foreign countries. MILLARD E. TYDINGS, a Senator from the State of Mary­ I recommend that an appropriation in the amount sug .. land, and ERNEST W. GmsoN, a Senator from the State of gested by the Secretary of State be authorized in order to , appeared in their seats today. relieve these officers and employees of the Government of THE JOURNAL the burden these losses have occasioned. On request of Mr. ROBINSON, and by unanimous consent, FRANKLIN D. ROOSEVELT. the reading of the Journal of the proceedings of the calendar THE WmTE HousE, February 8, 1935. day Thursday, February 7, 1935, was dispensed with, and the (Enclosures: Report of the Secretary of State, with en­ Journal was approved. closures.) MESSAGES FROM THE PRESIDENT DISPOSITION OF USELESS PAPERS Messages in writing from the President of the United The VICE PRESIDENT laid before the Senate a letter States were communicated to the Senate by Mr. Latta, one from the Secretary of War, transmitting, pursuant to law, of his secretaries. - a list of documents and papers on the files of the War De­ partment which are not needed in the conduct of business CALL OF THE ROLL and have no permanent value or historical int.erest, and Mr. LEWIS. I suggest the absence of a quorum, and ask asking for action looking to their disposition. which, with for a roll call. the accompanying papers, was referred to a Joint Select The VICE PRESIDENT. The clerk will call the roll. Committee on the Disposition of Useless Papers in the The legislative clerk called the roll, and the following Sen­ Executive Departments. ators answered to their names: The VICE PRESIDENT appointed Mr. SHEPPARD and Mr. Adams Coolidge La Follette Robinson CUTTING members of the committee on the part of the Ashurst Copeland Lewis Ru~ll Austin Oostigan Logan Sch&ll Senate. Bachman Couzens Lonergan Schwellenbach REVISED LAWS OF , 1935 Bailey Cutting Long Sheppard Bankhead Dtl. vis McAdoo Shipstead The VICE PRESIDENT laid before the Senate a letter Barbour Dieterich McCarran Smith from the Secretary of the Interior, transmitting copy of the Barkley Dona.hey McGill Steiwer Bilbo Du1fy McNary Thomas, Okla. Revised Laws of Hawaii, 1935, which laws are subject to Black Fletcher Maloney Thomas, the approval of the Legislature of Hawaii, convening on the Bone Frazier Metcalt Townsend 20th instant, which, with the accompanying document, was Borah George Minton Trammell Brown Gerry Moore Truman referred to the Committee on Territories and Insular Affairs. Bulkley Gibson Murphy Tydings Bulow Glass Murray Vandenberg NOVEMBER REPORT OF FEDERAL EMERGENCY RELIEF AD]![!NISTRATION Burke Gore Neely VanNuys Byrd Hale Norbeck Wagner The VICE PRESIDENT laid before the Senate a letter Byrnes Harrison Norris Walsh from the Secretary of the Federal Emergency Relief Admin­ Capper Hastings Nye Wheeler istration, transmitting, pursuant to law, the report of that Caraway Hatch O'Mahoney White Carey Hayden Pope Administration covering the month of November 1934, Clark Johnson Radcliffe which, with the accompanying repcrt, was referred to the Connally King Reynolds Committee on Banking and Currency. Mr. LEWIS. I announce the absence of the Senator from PETITIONS AND MEMORIALS [Mr. GUFFEY] and of the Senator from [Mr. PITTMAN], who are necessarily detained, and also the The VICE PRESIDENT laid before the Senate the follow .. absence of the junior Senator from [Mr. OVER­ ing resolutions of the General Court of , which TON], caused by illness. were referred to the Committee on Commerce: Mr. AUSTIN. I desire to announce that the Senator from THE COMMONWEALTH OF MAssACHUSE'ITS, OFFICE OF THE SECRETARY, [Mr. DICKINSON] is necessarily absent, and that the Boston. Senator from [Mr. KEYES] is unavoidably RESOLUTIONS IN BEHAI.F OF THE FISHING INDUSTRY detained. Whereas the congress o! the United States has enacted legisla.. The VICE PRESIDENT. Eighty-nine Senators have an­ tlon authorizing loans by the Reconstructton Finance Corporation swered to their names. A quorum is present. to industrial enterprises in need of financial assistance; and Whereas the fishing industry of Massachusetts and other States ADMINISTRATION OF OATH TO SENATOR-ELECT K'KELLAR is also seriously in need of such assistance; and Whereas under the present statutes of the United States a valid Mr. BACHMAN. Mr. President, I desire to announce that mortgage having priority over subsequently accruing liens may be the Senator-elect from [Mr. McKELLAR] is executed and recorded covering vessels of 200 gross tons and up· wards only, and accordingly no adequate security can be given by present in the Chamber. His credentials have been pre­ the owners of fishing vessels of less than 200 tons to the Recon.. sented and filed, and he is now prepared to take the oath struction Finance Corporation for any loans which they may re.. of office. quire : Therefore, be it Resolved, That the General Court of Massachusetts respectfully The VICE PRESIDENT. The Senator-elect will present urges the Congress of the United States to enact legislation which himself at the desk and the oath of office will be admin­ will provide that a mortgage on vessels of the United States of istered. smaller tonnage than 200 tons shall have the same priority over McKELLAR, such liens as vessels of 200 tons or upwards, or such other legisla­ Mr. escorted by Mr. BACHMAN, advanced to tion as it may deem necessary, to the end that the fishing industry the Vice President's desk, and the oath prescribed by law of the United States may be assisted and preserved; and be 111 was administered to him by the Vice President. further 1935 CONGRESSIONAL RECORD-SENATE 1707 Resolved, That certified copies of these resolutions be sent by State of , which was referred to the Committee the secretary of the Commonwealth to the presiding officers of on Finance: both branches of the Congress and to each of the Senators and Representatives from this Commonwealth. A concurrent resolution petitioning the Congress of the United In senate, adopted January 30, 1935. States and President Franklin D. Roosevelt, respectfully, to pass In house of representatives, adopted in concurrence February 1, and approve an adequate old-age pension act 1935. Whereas there are several million persons in the United States A true copy. who by reason of old age and destitute circumstances have no Attest: means of support; and (SEAL} F. W. COOK, Secretary of the Commonwealth. Whereas many of the local communities which in the past have carried the burden of supporting the aged and destitute ar'e no The VICE PRESIDENT also laid before the Senate the longer able to do so by reason of the economic depression pre­ vailing throughout the United States; and following joint resolution of the Legislature of the State of Whereas the National Government possesses taxing powers not , which was referred to the Committee on Finance: possessed by the States and can levy taxes uniformly throughout Assembly Joint Resolution 6 the United States, which cannot be evaded by removal of prop­ erty or business from one State to another; and Adopted in assembly January 18, 1935. Whereas by reason of this Nation-Wide taxing power the Na­ ARTHUR A. OHNIMUS, tional Government can, better than the States, carry the burden Chief Clerk of the Assembly. of an adequate old-age pension law; and Adopted in senate January 22, 1935. Whereas an adequate old-age pension law is urgently needed to J. A. BEEK, provide for the aged who are in need of help: Therefore be it Secretary of the Senate. Resolved, by the Senate of the State of Minnesota (the house of This resolution was received by the Governor this 26th day of representatives concurring), That we respectfully petition the January, A. D. 1935, at 1 :30 o'clock p. m. Congress of the United States and President Franklin D. Roosevelt, MARK LEE MEGLADDERY, Jr., respectfully, to pass and approve an adequate old-age pension act; Private Secretary of the Governor. be it further Resolved, That the secretary of state be instructed to send copies CHAPTER 30 of this resolution to the Honorable Franklin D. Roosevelt, Presi­ Assembly Joint Resolution No. 6, relative to memorializing the dent of the United -States; the Honorable John N. Garner, Vice President and Congress to carefully consider what is known as President of the United States; the Honorable Joseph Byrns, the "Townsend plan of old-age revolving pension" Speaker of the House of Representatives of the United States; and Whereas the care of the dependent aged has become so great a to each of the Senators and Representatives from the State of financial burden to some States that the economic welfare and Minnesota in the Congress of the United States. stability of such States are seriously affected and even threatened; HJALMAR PETERSEN, and President of the Senate. Whereas the problem of the care of the dependent aged has re­ GEORGE W. JOHNSON, cently attained major proportions throughout the Nation, owing Speaker of the House of Representatives. largely to the increasing mechanization of our industrial system Passed the senate the 31st day of January 1935. and to the fact that the economic depression has destroyed the fi­ G. H. SPAETH, nancial independence of a large number of our people, including Secretary of the Senate. even those who had prudently prepared for the time when they could no longer earn a livelihood; and Passed the house of representatives the 1st day of February 1935. Whereas it seems Wise to retire from industry and business those JOHN I. LEVIN, whose efficiency is declining because of advancing old age, thus Chief Clerk House of Representatives. giving more opportunity for employment and advancement to Approved February 5, 1935. younger workers; and FLoYD B. OLSON, Whereas experience has shown that when ownership of property Governor of the State of Minnesota. disqualifies the owner for receipt of an old-age pension, a serious injustice is effected and a penalty imposed upon those whose Filed February 5, 1935. prudence and thrift has led them to prepare for old age by in­ · MIKE HOLM, Secretary of State. vestment in a home or other small holdings, but who have no income with which to support themselves and to preserve their I, Mike Holm, secretary of state of the State of Minnesota, do property, particularly since there is often no market for the prop­ hereby certify that I have compared the annexed copy with record of the original resolution in my office of S. F. No. 14, being Reso­ erty; and lution No. 6, Laws 1935, and that said copy is a true and correct Whereas Dr. F. E. Townsend, of Long Beach, Calif., has devised transcript of said resolution and of the whole thereof. a plan commonly known as the "Townsend plan of old-age re­ In testimony whereof, I have hereunto set my hand and affixed volving pension"; and the great seal of the State, at the capitol, in St. Paul, this 6th day Whereas the President of the United States has recognized the of February, A. D. 1935. responsibility of the Federal Government in this matter, and has [SEAL 1 MIKE HOLM, Secretary of State. indicated that he w111 recommend to the Congress of the United States, at its next session, that there be legislation bearing on this The VICE PRESIDENT also laid before the Senate the problem: Now, therefore, be it following joint resolution of the Legislature of the State of Resolved by the Assembly and the Senate of the State of Cali­ fornia, jointly, That the President and the Congress of the United Minnesota, which was referred to the Committee on Public States is hereby respectfully urged to carefully consider the enact­ Buildings and Grounds: ment of an old-age-pension law and to study the Townsend plan of old-age revolving pension; and be it further Joint resolution memorializing Congress to use granite and natural stone in the construction of public buildings Resolved, That the Governor of the State of California is hereby requested to transmit copies of this resolution to the President and Whereas the Federal Government is contemplating an exten­ Vice President of the United States, to the Speaker of the House sive public-works program, under which many public buildings of Representatives, and to each Senator and Member of the House Will be erected throughout the United States; and of Representatives from California in the Congress of the United Whereas the present status of unemployment in the granite and States, and that such Senators and Members from California are stone industries in the State of Minnesota and other granite- and hereby respectfully urged to study such legislation. stone-producing States is deplorable, it being estimated that from EDwARD CR.Ua, 80 to 85 percent of granite and stone employees · are on Federal S-peaker of the Assembly. relief; and GEO. J. HATFIELD, Whereas the greater portion of the cost of finished granite and President of the Senate. stone is incurred by labor; and Attest: Whereas the quality and durabUity of granite and stone build­ [SEAL] FRANK c. JORDAN, ings unquestionably excels that of buildings constructed of inferior Secretary of State. materials; and Endorsed: Filed in the office of the Secretary of State of the Whereas from the standpoint of economy and prudent policy it State of California, January 26, 1935, at 4:15 o'clock p. m. is advisable that lasting and durable materials be used in the FRANK c. JORDAN, construction of public buildings: Now, be it therefore Secretary of State. Resolved by the Senate of the State of Minnesota (the house of By CHAS J. HAGERTY, representatives concurring), That Congress be respectfully urged Deputy. and petitioned to enact legislation. or to otherwise take appro­ priate action to require that granite and natural stone be used The VICE PRESIDENT also laid before the Senate the in the construction of public buildings to be erected under the/ following concurrent resolution of the Legislature of the public-works program; and that the secretary of state be iD.-1 1708 CONGRESSIONAL RECORD-SENATE FEBRUARY 8 structed to send copies of this resolution to the President, Vice interest paid, which was referred to the Committee on President, Secretary of the Treasury of the l:!nited States, and to Finance. the Members of Congress from the State of Minnesota. HJALMAR PETERSEN, (See joint resolution printed in full when presented today President of the Senate. by Mr. DUFFY, p. 1764.) GEORGE W. JOHNSON, The VICE PRESIDENT also laid before the Senate a con­ Speaker of the House of Representatives. Passed the senate the 1st day of February 1935. current resolution of the Legislature of the State of , G. H. SPAETH, favoring inclusion in the Federal Public Works program of Secretary of the Senate. the Hamilton Avenue-Governors Island-Battery vehicular Passed the house of representatives the 1st day of February 1935. tunnel project, which was referred to the Committee on Ap­ JOHN I. LEv!N, propriations. Chief Clerk House of Representatives. Approved February 5, 1935. (See concurrent resolution printed in full when presented FLOYD B. OLSON, today by Mr. COPELAND, p. 1765.) Governor of the State of Minnesota. The VICE PRESIDENT also laid before the Senate a joint Filed February 5, 1935. MIKE HOLM, resolution of the Legislature of the State of , Secretary of State. favoring the enactment of new income-tax laws or such other I, Mike Holm, secretary of state of the State of Minnesota, do suitable and appropriate legislation as will remove entirely hereby certify that I have compared the annexed copy with rec?rd the profit to all persons, firms, and corporations from any of the original resolution in my office of S. F. No. 345, bemg future war in which the United States may be engaged, which Resolution No. 7, Laws 1935, and that said copy is a true and correct transcript of said resolution and of the whole thereof. was referred to the Committee on Finance. In testimony whereof, I have hereunto set my hand and affixed (See joint resolution printed in full when presented today the great seal of the State, at the capitol, in St. Paul, this 6th by Mr. BAILEY, p. 1764.) day of February, A. D. 1935. (SEAL] MIKE HOLM, The VICE PRESIDENT also laid before the Senate a letter Secretary of State. in the nature of a petition from Winter Capitol Lodge, No. The VICE PRESIDENT also laid before the Senate the fol­ 595, Improved Benevolent and Protective Order of Elks of the lowing joint resolution of the Legislature of the State of World, New Orleans, La., praying for the prompt enactment , which was ref erred to the Special Committee on of the so-called " Costigan-Wagner antilynching bill ", which was referred to the Committee on the Judiciary. Investigation of the Munitions Industry: Mr. BAILEY presented the following joint resolution of the STATE OF WISCONSIN, Legislature of the State of North Carolina, which was re­ Joint resolution memorializing Congress to continue investigation into activities of munition manufacturers and to publish the f erred to the Committee on Agriculture and Forestry: findings and recommendations of the Senate committee thereon Resolution 15 Whereas the Senate investigat ing committee, inquiring into the Joint resolution requesting that the Congress of the United States, activities of munition interests, has uncovered many selfish and without further delay, pass the Frazier-Lemke farm-refinance treacherous methods indulged in by such interests to stimulate bill (S. 212 and H. R. 2066) wars and preparations for wars; and Whereas unless immediate relief is given, hundreds and thou­ Whereas munition manufacturers amassed enormous profits from sands of additional farmers will lose their farms and their h omes, sales of munitions to the several countries engaged in the World and millions more will be forced into our cities and villages, and War, and in many inst ances increased their annual profits from the army of the unemployed will necessariy increase to alarming $5,000,000 to $50,000,000 while nations were being crushed and proportions; and . . peoples destroyed with their own deadly products; and Whereas there is no adequate way of refinancing existing agri­ Whereas since the World War these same munition concerns, in cultural indebtedness, and the farmers are at the mercy of their order to perpetuate war profits, have unscrupulously, contrary to mortgagees and creditors throughout this State and Nation ; and the public good, and in order to defeat world-wide efforts for uni­ Whereas the Frazier-Lemke refinance bill, being S. 212 and H. R. versal peace, promoted propaganda through subsidized newspapers 2066, in the Congress of the United States, provides for the liqui­ and periodicals throughout the Nation and the civilized world, dating and refinancing of agricultural indebtedness at a reduced breeding malevolence, mistrust, and anxiety among peoples of rate of interest through the Farm Credit Administration and the nations; and Federal land banks; and Whereas these interests have been active in Federal Army and Whereas the Frazier-Lemke bill has the endorsement of 22 S ~ ate Navy affairs for business aggrandizement; and legislatures, and in addition the lower houses of the St ates of New Whereas the facts regarding such activities of munition manu­ York and , and of many commercial clubs, chambers of facturers are of vital interest and importance to the American commerce, bank organizations, and of business and professional public, and have not been publicized sufficiently to enlighten the men and women, as well as the great majority of the farmers of reading public thereon; and this Nation; and Whereas the investigation of the munition manufacturers has Whereas the enactment of this bill will have a vital effect not not sufficient ly disclosed the foul and inhumane tactics by them only upon agriculture but upon all classes of industry; and resorted to in promoting munition sales and profits to enable Con­ Whereas agriculture is the basic industry of this country, and gress to intelligently and effectually provide ways and means to there can be no recovery until agriculture is put upon a sound stop the evil practices herein related: Therefore, be it basis: Now, therefore, be it . Resolved by the assembly (the senate concurring), That the Resolved by the house of representatives (the senate concurring), Legislature of Wisconsin r~pectfully memorializes the Congress of SECTION 1. That it is the sense of your memorialists, the mem­ the United States to pron:,.ptly authorize the Senate investigating bers of the General Assembly of the State of North Carolina, that committee inquiring into activities of munition manufacturers to the Congress of the United States should enact the Frazi er-Lemke continue such investigation and to publish in the CONGRESSIONAL bUl without further delay. RECORD, or in such other manner as will reaeh the reading public, SEC. 2. That a copy of this memorial, duly authenticated, be sent the substance of the findings and recommendations of the com­ by the secretary of State to the President of the Senate and the mittee thereon; and be it further Speaker of the House of Representatives of the United States, and Resolved, That properly attested copies of this resolution be sent to each Senator and Representative in Congress from this State, to both Houses of the Congress of the United States and to each to the President of the United States, and to United States Senator Wisconsin Member thereof. LYNN J. FRAzmR and Congressman WILLIAM LEMKE • . THOMAS J. O'MALLEY, SEC. 3. That this resolution shall be in full force and effect President of the Senate. from and after its ratification. LAWRENCE R. LARSEN, In the gener~ assembly, read three times, and ratified this the Chief Clerk of the Senate. 31st day of January 1935. J. W. CAROW, A. H. GRAHAM , Speaker of the Assembly. President of the Senate. LESTER R. JOHNSON, R. G. JOHNSON, Chief Clerk of the Assembly. Speaker of the House of Representatives. The VICE PRESIDENT also laid before the Senate a joint Examined and found correct. resolution of the Legislature of the state of Wisconsin, favor­ L. w. LEGGETT, for Committee. ing the prompt enactment of legislation providing for the Mr. BAILEY also presented the following joint resolution immediate cash payment of veterans' adjusted-service cer­ of the Legislature of the State of North Carolina, which was tificates, with cancelation of accrued interest and refund of referred to the Committee on Finance: 1935 CONGRESSIONAL RECORD-SENATE 1709

Resolution 17 STATE OF WISCONSIN. Joint resolution of the house of representatives and the senate Joint resolution relating to the immediate cash payment of the memorializing the Congress of the United States of America to veterans' adjusted-service certificates and the cancelation of ac­ enact legislation to take the profit out of war crued interest and refund of interest paid thereon Be it resolved by the house of representatives (the senate co-n.­ Whereas in the Soldiers' Bonus Act of 1924 the United States curring)- Government promised the men who served this country during the SECTION 1. That the General Assembly of the State of North World War, at a wage of $1 per day, that the pecuniary losses which Carolina do memorialize the Congress of the United States of they sustained through this service would be partially compen­ America to take action by the passage of new and additional sated; but this debt, due and owing now for 11 years, still remains income-tax laws or such other suitable and appropriate legislation unpaid; and as will, in the judgment of that honorable body, remove entirely Whereas the Government of the United States is no-;v definitely the profit to all persons, firms, and corporations from any future committed to the policy of spending public money for the purposes war in which the United States of America may be engaged. of relieving human suffering and stimulating business and industry; SEC. 2. That this resolution and the record of its adoption be and transmitted through the usual and appropriate channel to the Whereas the immediate cash payment of the adjusted-service cer­ Congress of the United States of America. tificates will increase tremendously the purchasing power of mil­ In the general assembly, read three times and ratified this the lions of the consuming public; provide relief for the holders 7th day of February 1935. thereof who are in dire need and distress because of the unfor­ A. H. GRAHAM, tunate economic conditions; and lighten the burden which cities. President of the Senate. counties, and States are now required to carry for relief; and R. G. JOHNSON, Whereas the payment of said certificates will discharge and retire Speaker of the House of Representatives. an acknowledged contract obligation of the Government: There­ Examined and found correct. fore be it ;J. D. BLANTON, for Committee. Resolved by the assembly (the senate concurring), That the Leg­ islature of Wisconsin respectfully memorialize the Congress of the Mr. METCALF. Mr. President, I present two resolutions United States to promptly enact legislation providing for the im­ adopted by the General Assembly of the State of Rhode Is­ mediate cash payment of the veterans' adjusted-service certificates. land, one recommending immediate payment of adjusted­ with cancelation of accrued interest and refund of interest paid; be service certificates and the other praying for the relief of it further Resolved, That properly attested copies of this resolution be sent the textile industry. to the President of the United States, to both Houses of the Con­ The VICE PRESIDENT. The resolutions will be received, gress of the United States, and to each Wisconsin Member thereof• . printed in the RECORD, and appropriately ref erred. THOMAS J. O'MALLEY. . President of the Senate. To the Committee on Finance: LAWRENCE R. LARSEN, STATE OF , ETC., Chief Clerk of the Senate. IN GENERAL ASSEMBLY, J. W. CAROW, January Session, A. D. 1935. Speaker of the Assembly. Resolution of the general assembly recommending to Congress the LESTER R. JOHNSON, passage of legislation providing for the payment of adjusted­ Chief Clerk of the Assembly. service certificates at their face value (passed Jan. 30, 1935) Mr. DUFFY also presented the following joint resolution Whereas there· is pending in the Congress of the United States of the Legislature of the State of Wisconsin, which was certain bills providing for the payment of adjusted-service certifi­ cates at their face value; and referred to the Committee on the Judiciary: Whereas the passage of such legislation would be of considerable Joint resolution memorializing the Congress of the United States benefit to the soldiers, sailors, and marines who served in the to pass, and the President of the United States to approve, if World War; and passed, the General Pulaski's Memorial Day resolution now Whereas the immediate cash payment of the adjusted-service pending in Congress certificates will increase tremendously the purchasing power of millions of the consuming public, distributed uniformly through­ Whereas a resolution providing for the President of the United out the Nation, and will provide relief for the holders thereof who States to proclaim October 11 of each year as "General Pulaski's are in dire need and distress because of the present unfortunate Memorial Day " for the observance and commemoration of the economic conditions, and will lighten immeasurably the burden death of Brig. Gen. Casimir Pulaski, is now pending in the which cities, counties, and States are now required to carry for present session of Congress; and relief: Therefore be it Whereas the 11th day of October 1779 is the date in American Resolved, That the general assembly respectfully requests the history of the heroic death of Brig. Gen. Casimir Pulaski, who Senators and Representatives of Rhode Island in the Congress of died from wounds received on October 9, 1779, at the siege of :the United States to give their earnest support to said bills and Savannah, Ga.; and to use their efforts to secure the early passage of this legislation Whereas the States of Arkansa.s, California, , Dela­ by the Senate and House of Representatives of the United States; ware, , , , Louisiana, , , and be it further Massachusetts, , Minnesota, , , New Resolved, That copies of this resolution be transmitted by the Hampshire, , New York, Nevada, , Pennsylvania. secretary of state to the Senators and Representatives of Rhode , Tennessee, , West , Wisconsin, and Island in the Congress of the United States. other States of the Union, through legislative enactment desig­ nated October 11 of each year as " General Pulaski's Memorial To the Committee on Manufactures: Day"; and STATE OF RHODE ISLAND, ETC., Whereas it is fitting that the recurring anniversary of this day IN GENERAL AsSEMBLY, be commemorated with suitable patriotic and public exercises in January Session, A. D. 1935. observing and commemorating the heroic death of this great American hero of the War; and Resolution requesting the Senators and Representatives of Rhode Island in the Congress of the United States to use their efforts Whereas the Congress of the United States has by legislative to secure the passage of legislation which will ameliorate suf­ enactment designated October 11, 1929, October 11, 1931, Octoter fering caused by textile conditions in this State (passed Jan. 30, 11, 1932, and October 11, 1934, to be General Pulaski's Memorial 1935) Day in the United States: Now, -therefore, be it Resolved by the assembly (the senate concurring), That this Whereas the unsatisfactory conditions in the textile industry legislature respectfully memorializes the Congress of the United are a cause of great distress in Rhode Island and the lack of work States to pass, and the President of the United States to approve, imposes a heavy burden upon the relief agencies in the State; if passed, the General Pulaski's Memorial Day resolution now and pending in the Congress: Be it further Whereas Federal legislation is needed to correct the conditions in the textile industry and to ameliorate suffering: Therefore be it Resolved, That properly attested copies of this resolution be Resolved, That the general assembly respectfully requests the sent to the President of the United States, the Vice President of Senators and Representatives of Rhode Island in the Congress of the United States, the Speaker of the House of Representatives the United States to take such steps as will remedy the condi­ of the United States, and to each United States Senator and tions now existent in the State; and be it further Representative from Wisconsin. THOMAS J. O'MALLEY, Resolved, That copies of this resolution be transmitted by the President oj the Senate. secretary of state to the Senators and Representatives of Rhode LAWRENCE R. LARsEi-J, Island in the Congress of the United States. Chief Clerk of the Senate. Mr. DUFFY presented the following joint resolution of the J. W. CAROW, Speaker of the Assembly. Legislature of the State of Wisconsin, which was ref erred to LESTER R. JOHNSON, the Committee on Finance: Chief Clerk of the Assembly. 1710 CONGRESSIONAL RECORD-SENATE FEBRUARY 8- Mr. DUFFY also presented the following joint resolution that any veteran having an amputation or eye disability shall of the Legislature of the State of Wisconsin, which was be presumptively entitled to the benefits of his war-risk in­ ordered to lie on the table: surance policy in the exact proportionate amount of his dis­ STATE OF WISCONSIN. ability rating for compensation purposes, which was referred Joint resolution requesting the Congress of the United States to to the Committee on Finance. advise the Legislature of Wisconsin as to the effect upon Congress of resolutions memorializing that body (See concurrent resolution printed in full when laid before Whereas during past sessions of the legislature, both regular and the Senate by the Vice President on the 6th instant, pp. special, a large number of resolutions llave been adopted memorial­ 1550-1551, CONGRESSIONAL RECORD.) izing the Congress of the United States to take certain action or Mr. COPELAND also presented a resolution of the board to refrain from taking certain action on many and diverse subjects; of supervisors of Erie County, N. Y., favoring inclusion in the and Whereas such resolutions have not only increased to a consider­ joint resolution (H. J. Res. 117) making appropriations for able extent the printing bill of the legislature but also have con­ relief purposes, of a provision allotting a suitable appropria­ sumed much valuable time; and tion to the railroads for grade-crossing improvements, which Whereas many members of the legislature feel that such reso­ was referred to the Committee on Appropriations. lutions have little, if any, effect upon the Congress of the United States: Now, therefore, be it He also presented a resolution adopted by the Ninth Ward Resolved by the assembly (the senate concurring), That this Taxpayers Association, Buffalo, N. Y., favoring the enact­ legislature respectfully seek the advice of the Congress of the ment of the joint resolution (H. J. Res. 117) making appro­ United states as to what, if any, benefit that body derives from the numerous resolutions which are forwarded to it from the priations for relief purposes, but not with a Federal bond­ legislature of this State, and respectfully requests the Presiding issue provision in connection therewith, which was referred Officer or Chief Clerk of each of the Houses of Congress to give tl1e to the Committee on Appropriations. advice herein requested to this legislature; be it further di­ Resolved, That properly attested copies of this resolution be for­ He also presented a resolution adopted by the board of warded to the Presiding Officers of both Houses of the Congress rectors of the American Water Works Association, New York and to each Wisconsin Member thereof. City, N. Y., favoring the allocation of a substantial part of THOMAS J. O'MALLEY, the funds to be provided in the joint resolution

~rgument; he made the universal argument that if incor­ The PRESIDING OFFICER. The clerk will call the roll. porated cattle growers are entitled to borrow money from The legislative clerk called the roll, and the following their Government on the security of their land, there is no Senators answered to their names: reason why the same privilege-I will not say "right"­ Adams Connally Lewis Reynolds should not be extended to incorporated fruit growers in A tistin Costigan Logan Robinson Bachman Couzens Lonergan Russell his State, to those who have orcha-rds in Michigan. He Bailey Cutting Long Schall says if the Government lends money to cattlemen, and Bankhead Davis McAdoo Schwellenbach cattlemen are not to be favored children of the common Barbour Dieterich McCarran Sheppard Barkley Donahey McGill Shipstead Government, then there is no reason why the Goyernment Bilbo Duify McKellar Smith should not lend money to incorporated sugar growers in Black Fletcher McNary Steiwer the State of Louisiana, pampering, I suppose, the _source Borah Frazier Maloney. Thomas, Utah Brown George Metcalf Townsend where the Sugar Trust rises, making pet children of them. Bulkley Gerry Minton Trammell Mr. President, there is not any reason why, if the Gov­ Bulow Gibson Moore Truman Burke Glass Murphy Tydings ernment lends money to incorporated cattle growers, it Byrd Gore Murray Vandenberg should refuse loans to incorporated fruit growers or to in­ Byrnes Hale Neely VanNuys corporated sugar growers or to incorporated peanut growers Capper Ha.rrtson Nye Wagner Caraway Hastings O'Mahoney Wheeler or to incorporated squash growers. There is not any place Carey Hatch Pope White to stop when once we start. Clark King Radcliffe That is the reason why I have opposed any such scheme Mr. LEWIS. I merely reannounce the absences and the of legislation. So long as the Government adopts justice as reasons for the same as given by me on a previous quorum its standard as a standard for the treatment of its citizens, call. · it has a fixed rule of conduct treating each and every citi­ The PRESIDING OFFICER. Seventy-nine Senators hav­ zen alike. What is better still, what is infinitely better, there ing answered to their names, a quorum is present. is a place where the Government can say " no " so long as The question is on the amendment of the Senator from its rule is justice. When any citizen asks more than justice Wyoming [Mr. CAREY], in the nature of a substitute for there the Government should say "no", and when it has paragraph (c) of section 2. [Putting the question.] By the justice as its standard there the Government can say " no." sound the ayes seeni to have it. _ It can extend equal rights to all citizens. The Government Mr. CONNALLY. I call for the yeas and nays. cannot in the nature of things extend equal privileges to all; The yeas and nays were ordered, and the legislative clerk it cannot extend equal favors to all. A favor is unavailing called the roll. if it is visited alike upon every applicant. Mr. BARKLEY (after having voted in the affirmative). I When the Government grants a favor to one group, how have a general pair with the Senator from Iowa [Mr. DicK­ can it say " nay " to apply to another group? Group A makes .rnsoNJ. I understand that on this question he would vote as application for a loan and obtains it, makes application to I have voted, and that he bas a special pair on the question; secure legislation authorizing the Government to make loans so I will permit my vote to stand. to its particular members. Group B makes application for Mr. KING. I have a special pair on this question with the same favor. The Government_undertakes to say "no" the Senator froll) Iowa [Mr. Dic~soNJ, and therefore with­ to group B, saying that group A :q.ad a just cause, had a good hold my vote. claim, and was entitled to a favor at the hands of its Gov­ Mr. LEWIS. I announce a pair between the Senator from ernment. New Hampshire [Mr. KEYES] and the Senator from Nevada Mr. President, equality is a philooophy in this country. It [Mr. PITTMAN]. is a tenet in our political creed. We do not always practice I also announce that the Senator from Arizona [Mr. it, but we always profess it. When we adopt this amend­ ASHURST], the Senator from Washington [Mr. BONE], the ment authorizing the Government to lend money to incorpo­ Senator from Massachusetts [Mr. CooLIDGE]. the Senator rated cattlemen we cannot say " no " to incorparated fruit from Pennsylvania [Mr. GUFFEY], the Senator from Arizona men, incorporated peanut men, or anybody else incorporated. [Mr. HAYDEN], the Senator from California [Mr. McADool, They have votes, too. I say to the Senator from Michigan the Senator from Nevada [Mr. PITTMAN], the Senator from that he may well possess his soul in peace if we adopt this Oklahoma [Mr. THoMAsl, and the Senator from Massachu­ amendment. His time is coming. If this amendment wins, setts [Mr. WALSH] are necessarily detained from the Senate his amendment will win in the next session. We cannot stop on official bU.Siiless. · · - this business. I also desire to announce that the Senator from Louisiana Incorporated farming was attempted in Kansas. A corpo­ [Mr. OVERTON] is detained on account of illness. ration secured a large tract of land. It farmed the land with The result was announced-yeas 45, nays 33, as fallows: tractors and machinery. A few days in the fall it sowed with YEAS-45 machinery drawn by tractors. For a few days in the sum­ Adams Davis Metcalf Steiwer mer it harvested with machinery drawn by tractors. It had Austin Donahey Minton Thomas, Utah a few bunk houses and a few transient helpers to operate the Barbour Fletcher Moore Townsend Barkley Gibson Murray Trammell tractors and the machinery. They came like birds of passage Borah Hale Neely Truman and they went like birds of passage. They builded no nests Bulkley Hastings O'Mahoney Vandenberg in Kansas. They did not build up homes in Kansas. They Burke Hatch Pope Wagner Capper Logan Radcliffe Wheeler did not add to the civilization or the organized society of Caraway Long Reynolds White Kansas. They made it impossible, or would have made it Carey Mccarran Sch wellenba.ch Costigan McNary Sheppard impossible, for the dirt farmers in Kansas to compete, to Cutting Maloney Smith survive, to maintain their homes, and to maintain their NAYS-33 families. The State of Kansas did what the Senate has done Bachman Clark Glass Robinson this morning-declared against incorporated fanning, know­ Balley Connally Gore Russell ing that it is a competition which the individual farmer can­ Bankhead Copeland Harrison Schall Bilbo Couzens Lewis Shipstead not meet; that it means his extinguishment. Black Dieterich Lonergan Tydings Mr. President, that is all I have to say at this time. Brown Duffy McGill VanNuys Bulow Frazier McKellar The PRESIDING OFFICER. The question is on the Byrd George Murphy amendment offered by the Senator from Wyoming [Mr. Byrnes Gerry Nye CAREY] in the nature of a substitute for the committee NOT VOTING-17 amendment. On that question the yeas and nays have Ashurst Hayden McAdoo Thomas, Okla. been demanded. Is the demand seconded? Bone Johnson Norbeck Walsh Coolidge Keyes Norris The yeas and nays were not ordered. Dickinson King Overton Mr. McNARY. Mr. President, I suggest the absence of Guffey La Follette Pittman a quorum. So Mr. CAREY'S amendment was agreed to. 1724 CONGRESSIONAL RECORD-SENATE FEBRUARY 8 Mr. BARKLEY. Mr. President, I offer the amendment filled up with money which at least some people can borrow which I send to the desk. .at interest rates as low as 1 percent. Other people are bor­ The PRESIDING OFFICER. The amendment will be rowing it at 2 percent, as has just been stated to me. But stated. when the farmer. goes to borrow money at the present time, The LEGISLATIVE CLERK. It is proposed to insert the fol­ he has to pay 4% percent to these credit organizations. lowing after the semicolon in line 6 on page 10: All of the bonds of these farm-credit associations at the The rate of interest on any loan made upon the security of com­ present time are endorsed or guaranteed by the Government modities shall conform as nearly as may be practicable to the prevailing interest rate on commodity loans charged borrowers of the United States, and I am informed that they would from the Federal intermediate credit bank of the land-bank dis­ have no difficulty whatsoever in selling those bonds which trict in which the principal business office of the borrower is are guaranteed by the Government bearing interest at any­ located. · where from 2 % to 3 percent, so that there would be no The PRESIDING OFFICER. The question is on the trouble in selling the bonds. amendment offered by the Senator from Kentucky. I desire to read the statement given to me with reference Mr. BARKLEY. Mr. President, the bill takes off the min­ to this matter by the Washington representative of the imum limitation of 3 percent on loans made by· banks for National Grange. He states: cooperatives to cooperative farm organizations. Under the In considering the question of farm credits. the National law as it now exists the Federal intermediate credit banks Grange, at its recent annual convention, went on record as favor­ may make loans to cooperative farm organizations for as low ing the reduction of interest rates to farmer borrowers to the as 2 percent interest; but the banks for cooperatives, which lowest point consistent with a sound loaning policy. At the present time farm mortgages are being refinanced by we have set up for the purpose of making loans to coopera­ the Farm Credit Administration at 4Y2 percent. Would it not be tive associations, must charge not only the prevailing rate in well to amend the Farm Credit Act now pending so as to reduce the intermediate credit banks but 1 percent more than that. the interest rate to 3 % percent? As is well known to everybody, interest rates have been greatly So that now cooperative organizations desiring to borrow reduced in this country during recent years, and farmers should money on commodities, not on real estate, must pay 3 percent get the full benefit of this downward tendency in interest rates. interest, whereas they can go to the Federal intermediate In connection with its refunding operations ·the Treasury De­ credit bank and borrow the money for 2 percent. Therefore partment on Decemb.er 15, 1934, offered a large block of Govern­ ment bonds carrying interest of 3Ys percent, due in 1952, callable they have to split up their line of credit. In this bill we have in 1949. On April 16, 1934, an issue was offered at 3~ percent, removed that limitation; but this amendment merely pro­ due in 1946, callable in 1944; and in June of 1934 an issue was vides that the loans on commodities shall be made at the offered at 3 percent, due in 1948, callable in 1946. These Treasury offerings were quickly taken by the bankers of the country and prevailing rate charged by the Federal intermediate credit some of them were oversubscribed several times. banks, so that the system shall be uniform. The banks of the country at the present time are bulging with Mr. BORAH. Mr. President-- idle money which is seeking safe investment. With the Govern­ The PRESIDING OFFICER. Does the Senator from Ken­ ment standing behind farm-loan bonds to the extent that it does under present conditions, lower interest rates on farm mortgages tucky yield to the Senator from Idaho? are warranted and justified. Mr. BARKLEY. I yield to the Senator. Mr. BORAH. I should like to ask the Senator what would This is signed by Mr. Frederick Brenckman as Washing­ be the average rate which would likely prevail under this ton representative of the National Grange. amendment? To a similar effect I have a letter written by the Ameri­ Mr. BARKLEY. The rate now being paid is 2 percent, and can Farm Bureau Federation, as follows: this conforms to the commodity loans made by the bank for The American Farm Bureau Federation is now, and has been for cooperatives to cooperative organizations, and· the same rate several years, fighting to reduce interest rates on farm mortgages. The Pending. measure by Senator FLETCHER has some admirable at which they can make loans now at the intermediate credit features in it; in fact, it has nothing in it which should be de­ bank. leted; but the thing that the farmers are thinking about is cheaper Mr. BORAH. Then, would it be 2 percent? money, which means a lower interest rate on farm mortgages. Mr. BARKLEY. Two percent. Of course, that rate may I trust it wlll be possible that an amendment may be presented by you on the floor during the debate on this measure which wm be changed by the intermediate credit banks; but that is the reduce the interest rate below the present 4% percent per annum. rate prevailing at this time. Although I have no authority to speak for other farm organi­ The PRESIDING OFFICER. The question is on agreeing zations, I can speak of them, and convey to you the definite to the amendment offered by the Senator from Kentucky assurance that no farm organization is content with-the interest rate on farm mortgages which now is reqUired to be paid by all [Mr. BARKLEY]. farm debtors. The amendment was agreed to. Mr. WHEELER. Mr. President, I send an amendment to Mr. President, one of the big problems facing the debt­ the desk which I desire to off er. ridden farmers of this country is the question of lower inter­ The PRESIDING OFFICER. The clerk will state the est rates and how they are going to meet their fixed charges. amendment. Interest rates are coming down all over the United States, The LEGISLATIVE CLERK. It is proposed to add as a new and, with the help the Government of the United states has section at the end of the bill the following: given to the Federal land banks and other agencies, it seems to me that the one place where we should reduce interest (a.) The first sentence of paragraph twelfth of section 12 of the Emergency Farm Mortgage Act of 1933 is amended: rates is on the farm mortgages of the United States. (1) By striking out the words" within 2 years after such date"; I would not contend that we should reduce the rate to a (2) By striking out the figures "4Y2 " and inserting in lieu figure so low that they could not carry on, but in view of the thereof " 3 Yi "; and (3) Striking out the words" occurring within a period of 5 years, fact that the Government is able to sell these bonds at the commencing 60 days after the date this paragraph talces etiect." rate of interest I have stated, and in view of the fact that I (b) The second sentence of paragraph twelfth of section 24 of am sure the interest rate will be further lowered to at least the Emergency Farm Mortgage Act of 1933 is amended: 2 % percent, I can see no reason why at this time we should ( 1) By striking out the figure " 5 " and inserting in lieu thereof the figure " 4 "; not ask that in the refinancing of farm mortgages the rate (2) Striking out the figures "4% " and inserting in lieu thereof should be 3 % percent, instead of 4 Y2 percent. .. 3¥2." Mr. FLETCHER. Mr. President, I hope the amendment Mr. WHEELER. Mr.. President, I may say that the pur­ will not be agreed to. The situation is this: Under the Farm pose of this amendment is to reduce the interest rate charged Loan Act, Federal land-bank bonds are not guaranteed by by the Farm Credit Association to the farmers from 4 % to the Government, either as to principal or interest. Inter­ 3 % percent. Every one of the great farm organizations in mediate credit debentures are not guaranteed by the Govern­ the country has endorsed it, and I am introducing it at their ment. The law provides that the farmer shall pay interest request. of not less than 1 percent. It has been less than half of 1 The statement which has been made to me is to the effect percent above what the bonds issued against collective mort­ that at the present time the banks of the United States are gages sell for in the market. 1935 CONGRESSIONAL RECORD-SENATE 1725 The bonds are 4-percent bonds, and the rate is fixed here that iS the end of it for 30 years. The amendment would at 4% percent to the farmer, because about half of 1 percent make the Government pay the difference between 4%- and is required for the expenses of administering the system. 3%-percent interest on these loans, and that would cost the The rate now is very low, 4 % percent, and that is all tbe Government $100,000,000 a year for 5 years. farmer pays. The bonds issued against the farm mortgages The PRESIDING OFFICER. The question is on the now bear 4 percent. amendment of the Senator from [Mr. WHEELER]. The proposal now is to reduce the rate which the farm Mr. WHEELER. I ask for the yeas and nays on my borrower must pay from 4 Y2 to 3 % percent. In other words, amendment. the Government would have to make up the difference. The PRESIDING OFFICER. The Senator from Montana Somebody would have to do it. It would not come from the asks for the :-eas and nays. Is the request seconded? proceeds of the bonds. It would have to come from the Gov­ The yeas and nays were not ordered. ernment. That would mean that the Government of the Mr. WHEELER. I suggest the absence of a quorum. United States would have to pay a hundred million dollars a The PRESIDING OFFICER. The clerk will call the roll. year for 5 years out of its pocket to take care of this interest. The legislative clerk called the roll, and the following Sen.. Of course, it is out of the question. It cannot be done. a tors answered to their names: The only mortgages guaranteed by the Government with re­ Adams Clark King Pope spect to principal and interest, under the Credit Administra­ Austin Connally Logan Radcli.tre Bachman Copeland Lonergan Robinson tion, are the mortgages issued by the Federal Farm Loan Bankhead Costigan Long Russell Mortgage Corporation. Those bonds are guaranteed by the Barbour Couzens McCarran Schall $2,- Barkley Cutting McGill Schwellenbach Government. They were authorized to the amount of Bilbo Davis McKellar Sheppard 000,000,000. Over a billion dollars' worth have been sold and Black Donahey McNary Shipstea.d disposed of. The Government could not get its money from Borah Fletcher Maloney Smith Brown Frazier Metcalf Steiwer those bonds to make this good. There is no way of doing it Bulkley George Minton Thomas, Utah except by making the Government pay the difference between Bulow Gerry Moore Townsend 4%- and 3%-percent interest. Burke Glass Murphy Trammell Byrd Hale Murray Truman Mr. BORAH. Mr. President, will the Senator yield? Byrnes Hastings Neely Vandenberg Mr. FLETCHER. I yield. Capper Hatch Norbeck Wagner Caraway Hayden Nye Wheeler Mr. BORAH. It should be borne in mind that, while the Carey Johnson O'Mahoney White rate of interest is 4 percent, by the time the farmer gets his loan, after paying the expenses, cost of appraisal, and so . The PRESIDING OFFICER. Seventy-two Senators have forth, it is a good deal more than 4 percent. answered to their names. A quorum is present. Mr. FLETCHER. Not a great deal more. He does not The question is on the amendment of the Senator from pay any commission on the loan. He has to take 5 percent Montana [Mr. WHEELER]. of his loan in stock, but that comes back to him in the final Mr. WHEELER. I ask for the yeas and nays on tbe settlement. There is not much expense. He pays for the amendment. examination. and for the appraisement, I believe, which The yeas and nays were ordered. probably costs $10, or something like that. Then he fur­ Mr. BANKHEAD. Before the roll is called, I should like nishes an abstract of title, and that has to be paid for. to hear the amendment read. Mr. WHEELER. Mr. President, will the Senator yield to The PRESIDING OFFICER. The amendment will be me? stated. Mr. FLETCHER. I yield. The LEGISLATIVE CLERK. It is proposed by Mr. WHEELER to Mr. WHEELER. The Senator says he pays $10 for ap- add a new section at the end of the bill, as follows: praisement. As a matter of fact, in many instances the land (a) The first sentence of paragraph (twelfth) of section 12 of banks have sent out and had appraisements made, charging the Emergency Farm Mortgage Act of 1933 is amended: the prospective borrower $15 or ·$20 for the appraisement, . ( 1) By striking out the words " within 2 years after such date "; and then, as a matter of fact, in many instances never did and (2) By striking out the figures "4% " and inserting in lieu anything further. What the Senator from Idaho has said thereof " 3 % "; and is true, that while the interest rate is 4¥2 percent by the (3) Striking out the words "occurring within a period of 5 time the farmer gets the money, he has to pay considerably years", and inserting "60 days after the date this paragraph takes effect." more than that. (b) The second sentence of paragraph (twelfth) of section 24 of Mr. FLETCHER. He pays for an examination of the title the Emergency Farm Mortgage Act of 1933 is amended: and for an abstract of title which he fmnishes, I take it. ( 1) By striking out the figure " 5 " and inserting in lieu thereof He pays for the appraisal. But that is done through the the figure " 4 "; . (2) Striking out the figures "4% •• and inserting in lieu thereof National Farm Loan Association, and the expenses are to be "3%.'' kept as low as possible. The responsibility for that rests a good deal on the National Farm Loan Association, of which Mr. FLETCHER. Mr. President- the borrower bas to be a member before he can borrow, Mr. WHEELER. I call for the regular order. ' and he puts up 5 percent of the amount of his loan in stock The PRESIDING OFFICER. The regular order is tbe of the association, which is pledged as security for his loan Senator from Florida is recognized. and comes back to him eventually when he makes his final Mr. WHEELER. No. settlement, with the interest on it. There are other ex- The PRESIDING OFFICER. No Senat& has answered to penses; I grant that; but there are no commissions paid to his name on the call. agents, or anything like that. Mr. WHEELER. I beg pardon. N"..r. BORAH. I do not have reference to the commissions The PRESIDING OFFICER. The Senator from Florida in a general sense, but they have to have an abstract and is recognized. appraisal. Mr. FLETCHER. Mr. President, I have previously stated Mr. FLETCHER. Yes. the effect of the amendment, if adopted, but as some of the Mr. BORAH. They have to make an appraisal; and I have Senators now in the Chamber may not have been present at seen many loans which have been estimated to be at 7 that time, perhaps I ought to let them know now what the percent by the time the farmers had secured the loans. amendment means, and I am going very briefly again to Mr. FLETCHER. That might be for the first year. How- state its effect. ever, these loans run for 30 years; and while the farmers may I Under the Emergency Farm Mortgage Act of 1933 it is have to pay something more than 4 % percent the first year, provided that on existing mortgages the rate of interest the after that such payment does not have to be repeated. The mortgage bears shall be reduced to 4¥2 percent. In other farmer does not have to furnish an abstract every year or words, the Federal land banks had mortgages running at 5 have an appraisal made every year. It is done once. and percent, or 5% percent, or whatever it was. The emergency 1726 CONGRESSIONAL RECORD-SENATE FEBRUARY 8 act provided that such mortgages should be reduced to 4 % Mr. ROBINSON. Mr. President, I move to reconsider the percent, the Treasury making up the difference. vote by which the amendment was adopted. There are about a billion dollars of these mortgages. The The PRESIDING OFFFICER. The question is on the Treasury now makes up the difference between what they motion of the Senator from Arkansas to reconsider the vote bear, 5 or 5% percent, and 4% percent, so that the borrower by which the amendment was adopted. gets his money at 4¥2 percent. It is proposed by the amend­ Mr. LONG. I move to lay that motion on the table. ment to reduce that to 3 % percent; in other words, the The PRESIDING OFFICER. The question is on the mo­ Treasury must make good 1 percent per annum additional on · tion of the Senator from Louisiana to lay on the table the about a billion dollars of outstanding mortgages, which is motion of the Senator from Arkansas. equivalent to a tax on the Treasury of a hundred million dol­ The motion to lay on the table was rejected. lars a year for 5 years. Of course, it is impossible to do that, The PRESIDING OFFICER. The question recurs on the and I hope the Senate will not agree to the amendment or motion of the Senator from Arkansas to reconsider the vote think of doing so for a minute, as, in all probability, the by which the amendment was adopted. President would then have to veto the bill. . Mr. ROBINSON. Mr. President, I believe the effect of the The PRESIDING OFFICER. The question is on the amendment is not fully understood. The matter has been amendment offered by the Senator from Montana .[Mr. clearly stated by the Senator in charge of the bill, the Sen­ WHEELER], on which the yeas and nays have been ordered. ator from Florida [Mr. FLETCHERJ. The effect of the amend­ The clerk will call the roll. ment is to impose an additional charge on the Treasury of The Chief Clerk proceeded to call the roll. the United States of $100,000,000 a year. The object of it is Mr. McNARY

The farmer is not in such terribly impoverished and hope- 1 a member .of. the bar of St.. Louis. In a letter to the editor less condition as pictured here. The farmers have paid 82 of th~ Lomsville (Ky.) Courier-Journal, .Mr: E~munds stated percent of the commissioners' loans up to this time. That that m November 1933, ~e accept~d an mv1tat1on to ,~con:e leaves about 12.7 percent delinquent, and more than half a member of the e~e~?t1ve counc~ o~ the ~a-called Senti­ of that delinquency is less thain 2 months old. About 12.7 ?els of the Republic , an orgamzat1on with. headqua~ters percent of the delinquency on the commissioners' loans are m Boston, and that as a member of the executive comnuttee of but 2 months' standing. · of the Sentinels, he undertook to organize a Missouri group to oppose the amendment. Of the 50 members of the ambi­ In other words, in spite of the drought and the fact that the : depression still exists in some areas, we have collected about 82 tiously self-labeled "Committee for the Protection of the percent of the interest maturities up to December 31 on Land Child, Family, School, and Church", listed by Mr. Edmunds, Bank Commissioner's loans, that went to the farmers who were 19 are known to be also members of the Sentinels and 4 most heavily in debt. are known to be members of what is known as the" Woman Mr. President, that is the testimony of Dr. Myers before Patriot Publishing Co.", organizations which have been long­ our committee recently. That shows something of the con.;. time enemies of the child-labor amendment. 1935 CONGRESSIONAL RECORD-SENATE 1735 The Woman Patriot was formerly the official organ of the ·not correct. Mrs. Kelley was for many years at the head of the Consumers' League and favored all constructive legislation for the Association opposed to Woman Suffrage, and its publicity betterment of labor, practically all of which was enacted into law. has been used by manufacturers' organizations in campaigns not only against the child-labor amendment but also against There is the same disregard of truth in the assertion that other progressive enactments. Mrs. Kelley drafted the child-labor amendment. The fact The Sentinels organization was started in 1922 by the is that the amendment was written by a group of the ablest late Louis A. Coolidge, of Boston, treasurer of the United constitutional lawyers in this country acting with labor Shoe Machinery Co. Though a relatively small organiza­ leaders and child-welfare experts. These lawyers included tion, confining its activities chiefty to Massachusetts and Senator George Wharton Pepper, of Pennsylvania; the late Washington, D. C., its propaganda has been country-wide. Senator Thomas J. Walsh, of Montana, who was to have Mr. Coolidge appeared at Senate hearings on the child-labor been President Roosevelt's Attorney General; Senator Sam­ amendment in Washington in 1924, proclaiming his opposi­ uel M. Shortridge, of California, who introduced the final tion not only to that measure but also to the woman suffrage draft of the amendment in the Senate; and Representative amendment to the Constitution and to Federal income taxes. I. M. Foster, of Ohio, who introduced it in the House. The most significant fact to be noted in regard to mem­ HisTORY OF AMENDMENT bers of the National Committee for the Protection of Child, After the second Federal child-labor la.w was declared Family, School, and Church is that practically none of them unconstitutional, the demand for an amendment to the Con­ has had any standing in modern movements for child wel­ stitution which would enable Congress to pass a Federal law fare or present-day organizations for social betterment. became so widespread that more than 40 resolutions were Their experfence has not been calculated to give them pro­ promptly introduced in House and Senate by representatives gressive and humane contacts with problems of child labor in Congress of 14 States, all proposing amendments to give or to enable them to judge and apply remedial assistance, Congress such authority. Twenty-three of these resolutions and their opposition has been the more active the less inti­ fixed the age limit at 18 years, and one-a resolution of mate or accurate the knowledge they have displayed of the Representative John Jacob Rogers, of Massachusetts-at 21 real history, purpose, and authorship of the child-labor years. The House of Representatives in 1923 passed the amendment. resolution of Mr. Foster, of Ohio. From a folder issued by the committee the following ques­ While a member of the United States Tariff Commission I tion and answers are quoted: personally aided in drafting the measw-e, and am thoroughly Who drafted this amendment? It was not drafted by Congress. familiar with its history. The original draft was prepared It was drafted by Mrs. Florence Kelley Wischnewetsky, chief lobby­ by a committee headed by the extraordinary labor leader, ist for the creation of the Federal Children's Bureau, in collabora­ Samuel Gompers, for many years president of the American tion with Misses Julia Lathrop, Grace Abbott, and Anna Louise Strong, of the Children's Bureau. Federation of Labor, an organization which had been advo­ cating uniform child-labor standards since 1884. Mr. .Rarely have erroneous statements so crowded a brief space, Gompers' committee was made up of representatives of more and their falsehood has persisted in spite of conclusive and than 20 national organizations of men and women, one of authoritative repudiations. The names of Mrs. Florence which was the Consumers' League, the head of which at that Kelley and Miss Strong are audaciously used today, as they time was the former Secretary of War, Newton D. Baker. were 10 years ago, to make persons unfamiliar with the facts Mrs. Florence Kelley, for many years secretary of the Con­ believe that the amendment originated in Moscow. It must sumers' League, represented l\tir. Baker on the Gompers com­ be amazing to those unfamiliar with the vitality of gross mittee. Other members were Monsignor, then Father, John libels that arguments discredited and proven false 10 years A. Ryan, professor of moral theology and industrial ethics at ago should be thus persistently revived. the Catholic University of America; Dr. Worth M. Tippy, It is of record that Mrs. Kelley neither drafted the amend­ executive secretary of the Commission on Social Service of ment nor lobbied for the Children's Bureau. Of course, she the Federal Council of Churches; Mrs. Maud Wood Park, was one of many thousands of public-spirited citizens who former president of the National Leag\le of Women Voters; favored establishing such an agency of our National Govern­ Mrs. Alexander Wolf, of the Council of Jewish Women; and ment. But it is well known that the idea was first suggested many others representing the leading national organizations by Miss Lillian D. Wald, noted founder of the Henry Street of the country. The original draft was submitted by the Settlement in New York; and although many bills to that committee to several distinguished lawyers, among them end were introduced from 1906 to 1912-the first by Senator Dean Roscoe Pound, of the Harvard University Law School; Winthrop Murray Crane, of Massachusetts-it was President former Secretary of War Newton D. Baker; and Prof. Ernst Theodore Roosevelt who gave the movement its greatest Freund, of the University of Chicago Law School. After impetus, first by his recommendations to the first White many conferences between the legal advisers of Mr. Gompers' House conference, which he called in 1909, and later in his committee and the lawyer members of the Senate Judiciary message to Congress on the subject. A Federal Children's Committee, the language of the proposed amendment was Bureau was recommended by unanimous vote of those who given final form. In shaping it the late Senator Thomas J. attended the White House conference, prominent men and Walsh, of Montana, and ex-Senator George Wharton women representing every type of interest and all creeds. Pepper, of Pennsylvania, had important parts. Senator Mrs. Kelley, however, was not there. Walsh, in a speech in the Senate, subsequently stated that Certainly I should be among the last to detract in any way Mrs. Kelley was not present at any of these conferences. from the notable record which won for the late Mrs. Florence Kelley a place forever secure in the admiration and affection CONGRESSIONAL HISTORY of her contemporaries. Her flaming soul of justice-loving After Mr. Foster introduced the measure in the House mercy will inspire countless men and women long after our and Senator Shortridge in the Senate, hearings were held generation is dust. The use of the name of this great woman before the Judiciary Committees of both Houses. In th~ in propaganda against the child-labor amendment has been House of Representatives seven Members of Congress ap­ shocking even to oppanents of this measure. Former Gov. peared in support of it. They were Messrs. Connery, Dal­ Alfred E. Smith, of New York, although no longer a supporter linger, Frothingham, Rogers, and Tague, of Massachusetts, of the amendment, has defended the memory of Mrs. Kelley, Lineberger of California, and Cooper of Wisconsin. They whom he knew for many years, against such defamation. In were strongly seconded by representatives of church, labor, a telegram to a member of the League of Women Voters in civic and welfare organizations. In the Senate President Massachusetts, where the charge of radicalism had been Samuel Gompers personally appeared to urge adoption, and raised against the amendment and Mrs. Kelley, ex-Governor directed the presentation of the case for the proponents of Smith said: the amendment. Mrs. Florence Kelley, representing the Consumers' League, was one of a long list of prominent men If any statement that the late Mrs. Florence Kelley was a Com­ munist and that she devoted her life to social revolution and and women, including Julia Lathrop and Grace Abbott, past efforts to overthrow the Government was ma.de, that statement was chiefs of the Children's Bureau, who appeared in behalf 1736 CONGRESSIONAL RECORD-SENATE }:fEBRUARY 8 of the amendment at the Senate hearings. De~pite asser­ ment was pending in Congress, and revived by opponents tions made by opponents of the amendment, the records today, that Congress cannot be trusted with the authority show that Miss Anna Louise Strong had no part whatever such an amendment would confer. In an address before the in drafting the amendment. Miss Strong, who had been Society of Harvard Dames, published in the Harvard Alumni employed by the Children's Bureau for a few months in Bulletin for November 1924, President Eliot said: 1915 and in a minor clerical capacity to set up some exhibit I am surprised at the illogical character of the argument set material at the Panama-Pacific International Exposition up by the intelligent and experienced persons who are protesting against the child-labor amendment. That amendment does noth­ held in San Francisco, had left the Children's Bureau many ing but provide that Congress shall have power to pass laws con­ years before the child-labor amendment wa~ drafted, was cerning child labor which shall apply to the whole country. That not a member of the committee interested in it, and, as power seems to me absolutely indispensable to the correct, sound, stated. did not appear at the hearings. Among those who orderly management of the whole subject of child labor and its confessed evils. How else can we arrive at any law which will be did appear at the hearings, in addition to those already applicable to the whole country? How else can we del1ver all the mentioned, were William Draper Lewis, professor in the children of the country from forced labor 1n mines and factories? University of Pennsylvania Law School; Dr. E. 0. Watson, But those who protest against the amendment say we cannot trust secretary of the Federal Council of the Churches of Christ either the present Congress or the next. Congress will do some silly thing if we give it power to pass laws applicable to the whole in America; Rev. R. A. McGowan, of the National Catholic country. They predict that Congress wtll, for instance, forbid Welfare Council; Mrs. John J. O'Connor, representing the children under 18 to work on the family farm, that they will for­ National League of Women Voters; Mrs. Maud Swartz, of bid children to perform manual labor of any sort in school. Is not that an extraordinary assumption? It seems to me an as­ the National Women's Trade Union League; Mrs. Arthur C. sumption inconsistent with real faith in democracy. Watkins, of the National Congress of Parents and Teachers; The only question is whether Congress shall have power to Mrs. Alexander Wolf, of the Council of Jewish Women; Mrs. pass any laws applicable to the whole country. If they are not to have that power, we might as well give up the regulation of E. A. Yost, of the National Woman's Christian Temperance child labor. There is no hope of regulating wisely the conditions Union; Miss Mary Stewart, of the National Federation of of child labor if nobody has the power to make any regulations Business and Professional Women's Clubs; Mrs. Emily applicable to the whole country. We shall be forced back upon a Newell Blair, vice chairman of the Democratic National condition of things which has prevailed already for too long in our country-the competition between the States, not for the Committee; Mrs. Harriet Taylor Upton, vice chairman of best regulation of child labor, but for the regulation which each the Republican National Committee; Miss Agnes Regan, of State thinks for its own interest or advantage. the National Council of Catholic Women; and Owen R. Mr. President, distinguished members of the. Harvard fac­ Lovejoy, of the National Child Labor Committee. ulty have supported the child-labor amendment no less ar­ The child-labor amendment was passed by Congress in dently than did President Eliot. Dean Roscoe Pound, of the 1924 by a vote of 297 to 69 in the House of Representatives Harvard Law School, has been, and still is, one of its fore­ and 61 to 23 in the Senate. In the Senate the late Henry most legal advocates. A strong argument in favor of ratifi­ Cabot Lodge, Republican leader of the Senate in 1924, and cation of the amendment has been advanced by Dr. Manley his successor, Senator Charles C. Curtis, and Joseph T. 0. Hudson, Bemis Professor of International Law at Har­ Robinson, Democratic leader, supported it. In the House vard. In that statement Dr. Hudson cites Thomas Reed of Representatives the late Nicholas Longworth and William Powell and Arthur N. Holcombe, his colleagues in the Har­ A. Oldfield, Democratic whip, likewise supported it. vard Law School, among others who endorse this measure. Such details of the history of the amendment have been Other well-known members of the legal fraternity who thus recited becauie it has appeared wise to make perfectly favor the amendment include William Draper Lewis, direc­ clear the facts as to the real authorship of this much­ tor of the American Law Institute; Dr. M. R. Kirkwood, debated measure and concerning individuals and organiza­ dean of the Stanford University Law School; W. W. Cook, tions endorsing it. professor of law in the Johns Hopkins University; Donald Some other statements circulated by the hostile committee Richberg, Executive Director of the Emergency Council, and already named are as fantastic as those pertaining to the many others. authorship of the amendment. The claim, for instance, has DEAN ROSCOE POUND been made in one of the committee's folders that Mrs. Opponents of the amendment have, of course, attempted Florence Kelley organized the National Child Labor Com­ to invoke legal authorities to strengthen their arguments. mittee in 1923. This organization is frequently referred to In this connection may be quoted a letter written by Dean as " Mrs. Kelley's Child Labor Committee." This is another Roscoe Pound, of Harvard, to the general secretary of the inexcusable misstatement. The National Child Labor Com­ national child labor committee, in which, discussing the mittee, as is well known and completely c!emonstrated, was charge that the amendment would give Congress too much founded in 1904, and incorporated by Congress in 1907. Its power, he aptly said: founders included Grover Cleveland, former President of the I have read attentively the voluminous literature which has United States; His Eminence James Cardinal Gibbons, arch­ come out on this subject recently in which some very good lawyers bishop of Baltimore and one of the most revered churchmen (obviously retained for the purpose) have expended t he resources of any faith America has ever known; such distinguished of ingenious advocacy in conjuring up bogies in this connection. It should be remembered that excellent lawyers have always done humanitarians and citizens as Jane Addams, of Hull House, this with respect to every important measure in our history. We Chicago~ Felix Adler, of New York City; Stanley McCormick have certainly never had a greater lawyer in this country than and Mrs. Emmons Blaine, of Chicago; Hon. Gifford Pinchot, James Kent. But he thundered against the Louisiana. Purchase former Governor of Pennsylvania; Hon. Hoke Smith, of as unconstitutional, revolutionary, and subversive of American institutions. Nothing that I have read about the child-labor Atlanta, Ga.; Edward T. Devine and Paul Warburg, ·of New amendment paints a gloomier picture for the future than that York City; such well-known publishers as Hon. Clark Howell, which this eminent lawyer painted in his opposition to acquisit ion publisher of the Atlanta Constitution, and· Adolph S. Ochs, by the United States of a territory which would make it an publisher of the New York Times; such outstanding edu­ American empire. cators as Dr. Samuel McCune Lindsay, then commissioner of In a memorable speech in the Senate in January 1925 the education in Puerto Rico and professor of sociology at the late Senator Thomas J. Walsh also took issue with those University of Pennsylvania, and now professor of social legis­ who challenge the discretion of Congress and impeach its lation at Columbia University, and the distinguished and good sense. beloved president of Harvard, Dr. Charles W. Eliot. It was ever thu&- PRFml>ENT ELIOT'S COMMENTS He said- The name of President Eliot recalls that he was not only even from the infancy of the Republic. And yet it ls the only one of the founders of the National Child Labor Committee reliance of the Nation and somehow or other it has done fairly but also an outstanding advocate of an amendment to the well in the 135 years since it commenced operations. The average Constitution which would enable Congress to pass laws ap­ of its output, at least, it must be conceded, has been fairly good. The people intrust to it the supreme issue of war and peace, and plicable to the whole country. President Eliot had no yet some profess to be alarmed at the prospect of its being called patience with the argument raised at the time the amend- upon to legislate on child labor lest it a.ct senselessly in the matter. 1935 CONGRESSIONAL RECORD-SENATE 1737 This review of history has been given because it has ap­ quallflcation of the literal import of the words employed in the Constitution. peared wise to make perfectly clear the facts as to the au­ Prior to the submission of the eighteenth amendment all pro­ thorship of the child-labor amendment and as to individuals posed amendments were Sl,lbmitted to the States without limita­ and organizations supporting it when passed by Congress. · tion upon the period of ratification. At the lnstigation of Senator All of us who rejoice that child labor has been temporarily ASHURST, an additional section was added to that amendment by which ratification was required within 7 years if the article were reduced to a minimum by codes approved under the National to be operative. Recovery Administration, hope that this retirement of an old In the extensive debates which accompanied this change there evil will be advanced toward permanency by the early ratifi­ was considered only the desirability of so limiting the ratification period and; more extensively, the constitutionality of such an at­ cation of the child-labor amendment by the necessary num­ tempt. It occurred to no Senator that the proposal was anything ber of States. The list of those who now share this hope is other than a limitation upon the _time otherwise open for ratifica­ no less impressive than the list of those who supported it 10 tion by the legislatures of the several States. (See vol. 65 CoN­ years ago. Heading it we find the President of the United GRESSIONAL RECORD, pt. 1, pp. 555~5559, 5643-5666.) In Dillon v. Gloss (256 U. S. 368, 375-376) the limitation clause so ' States and members of the Cabinet; the Governors of many inserted was seized upon by one convicted under the National Pro­ States, including several which have not yet ratified the hibition Act as invalidating the eighteenth amendment. The ap­ amendment; and the following national organizations: plication for writ of habeas corpus was denied by the Supreme Court. Mr. Justice Van Devanter, speaking for a unanimous Court, American Association of Social Workers. said: American Association of University Women. "We conclude that the fair inference or implication from article American Federation of Labor. 5 is that the ratification must be within some reasonable time American Federation of Teachers. after the proposal. American Home Economics Association. "Of the power of Congress, keeping within reasonable limits, to American Legion. fix a definite period for the ratification we entertain no doubt. As American Nurses' Association. a rule the . Constitution speaks in general terms, leaving Congress Cail).p Fire Girls. to deal with subsidiary matters of detail as the public interests and Central Conference of American Rabbis. changing conditions may require; and article V is no exception to Council of Women for Home Missions. the rUle. Whether a definite period for ratification shall be fixed Federal Council of the Churches of Christ in America. so that all may know what it is and speculation on what is area­ General Federation of Women's Clubs. sonable time may be avoided is, in our opinion, a matter of detail Girls' Friendly Society of America. which Congress may determine as an incident of its power to desig­ National Child Labor Committee. nate the mode of ratification. It is not questioned that 7 years, National Congress of Parents and Teachers. the period fixed in this instance, was reasonable if power existed National Consumers' League. to fix a definite time; nor coUld it well be questioned considering National Council of Jewish Women. the periods within which prior amendments were ratified." National Education Association. From this language two conclusions may be drawn. One is that National Federation of Settlements. a proposed amendment is not indefinitely open to ratification, but National League of Women Voters. must favorably be acted upon within a reasonable length of time National Woman's Christian Temperance Union. if the ratification is to be valid. National Women's Trade Union League. The second conclusion is that whatever content may be given Service Star Legion, Inc. to the term "reasonable time", it is some period greater than 7 The Railroad Brotherhoods. years. The argument before the Court was directed exclusively to Young Women's Christian Association. the alleged unconstitutionality of the congressional limitation of ANSWER TO BAR ASSOCIATION COMMITTEB the time of ratification. The Court was considering only the power of Congress to shorten an otherwise reasonable period for ratifi­ In conclusion, a word should be said -concerning a recent cation. report of a special committee of the American Bar Associa­ What a reasonable period might be cannot be said. Certain it is tion, which undertakes to declare the proposed amendment that it is longer than the 7-year limitation challenged in Dillon v. no longer in force because of the lapse of some 10 years since Gloss. The problem of how much longer is made more predictable if it be considered that neither laws nor amendment are uncon­ Congress referred it to the States and because of adverse stitutional, per se. They are declared to be unconstitutional. They action taken at one time or another by certain State legis­ are, further, judged as to their validity by a court which has many latures. These objections have often been advanced and as times expressed its deep reluctance to hold unconstitutional an act of Congress or of a State legislature. often have been answered. The contention is unwarranted (Fletch.er v. Peck, 6 Cranch. 87, 128; Mayor v. Cooper, 6 Wall. 247, in the deliberate judgment of American constitutional law­ 251; Atkin v. Kansas, 191 U. S. 207, 223; Williams v. Baltimore, 289 yers of highest standing. The argument in reply has been u. s. 36, 42, 46.) It cannot be though that this Court would invalidate a ratifica­ concisely stated in a brief compiled by Joseph P. Chamber­ tion of an amendment to the Constitution because it did not occur lain, professor of public law at Columbia University; Charles immediately after the proposal by Congress. The Constitution con­ C. Burlingham, former president of the Association of the tains no clear requirement that such be done. On the contrary, if Bar of the City of New York; W.W. Gardner, assistant of the its words be read literally, the amendment could not be invalidated · on this score. Other than that which establishes it as more than legislative drafting research fund, Columbia University; and 7 years, there is no decision of the Court which affords any guide Herman A. Gray, professor of law of the New York University to what is a reasonable period of time for ratification. If to invali­ Law School, which should perhaps be reproduced in part at date an act of Congress is a duty "of great delicacy, and only to be the conclusion of my remarks. performed where the repugnancy is clear and the confiict irrecon­ cilable" (Mayor v. Cooper, 6 Wall. 247, 251), how much more deli­ I ask that the brief referred to- may be printed in the cate would be ~he task of declaring void the action of the amending RECORD at this point. power of the Constitution itself. The PRESIDING OFFICER. Without objection, it is so RATIFICATION IS NOT BARRED BECAUSE OF PRIOR REJECTION ordered. Tl:l.e proposed child-labor amendment has been rejected by vote of both Houses in more than 13 States, and of those rejecting 6 The matter referred to is as follows: have subsequently ratified. It is argued that once having been THE PROPOSED AMENDMENT IS STILL OPEN FOR RATIFICATION rejected by 13 States the proposed amendment is automatically It is necessary at the outset to dispose of the contention that the killed. The argument runs counter to the words of the Constitu­ proposed amendment is no longer open for ratification. Two fac­ tion, the constitutional history "of the Government, the declaration tors requtre consideration: The lapse of time since the amendment of the Supreme Court, and the virtually unanimous opinion of the was proposed by Congress on June 4, 1924, and the effect of earlier text writers. rejections by a number of the States. The Constitution states that proposed amendments "shall be valid to all intents and purposes, as a part of this Constitution, RATIFICATION WITHIN THE NEXT FEW YEARS IS NOT UNREASONABLY LONG when ratified by the legislatures of three-fourths of the several AFTER THE PROPOSAL OF THE AMENDMENT States, or by conventions in three-fourths thereof." The language The Constitution itself contains no limitation upon the period of does not read," unless rejected by one-fourth of the several States." time in which the States may validly ratify an amendment proposed Nor is there specified any condition to the power of ratification. by Congress. Article V reads: The Constitution simply calls for ratification-from its words can " The Congress, whenever two-thirds of both Houses shall deem be found no indication that this ratification must be at the time it necessary, shall propose amendments to this Constitution of initial action by the legislatures. • • • which • • • shall be valid to all intents and pur­ The proposed amendment is by no means the first instance o! poses as part of this Constitution when ratified by the Legislatures ratification subsequent to an earlier rejection. The fourteenth of three-fourths of the several States • • • ." amendment was adopted only by virtue of ratification subsequent If the words be taken literally, an amendment once proposed to earlier rejections. Newly constituted legislatures in both North .enjoys a deathless existence until ratification. No one argues that Carolina and South Carolina, respectively, on July 4 and 9, 1868, they are to be read literally. It is, however, important to remember ratified the proposed amendment, although earlier legislatures had that any limitation which is sought to be introduced must be a rejected the proposaL The Secretary of State issued a proclama- 1738 (;ONGRESSIONAL RECORD-SENATE Jr.EBRUARY ~ tion which, though doubtful as to the effect of attempted with­ Maloney Nye Sheppard Tydings drawals by New York and New Jersey, entertained no doubts as to Metcalf O'Mahoney Shipstead Vandenberg the validity of the ratification by North and South Carolina (15 Minton Pope Smith VanNuys Stat. 706). The following day, July 21, 1868, Congress passed a Moore Radclitie Steiwer Wagner i·esolution which declared the fourteenth amendment to be a part Murphy Reynolds Thomas, Okla. Walsh or the · Constitution and directed the Secretary of State so to Murray Robinson Thomas, Utah Wheeler Neely Russell Townsend White promulgate it (15 Stat. 709). The Secretary w!1'1ted, howe~er , until Norbeck Schall Trammell the newly constituted Legislature of had ratified the Norris Schwellenbach Truman amendment (15 Stat. 708) subsequent to an earlier rejection (15 Stat. 710), before the promulgation of the ratification of the new The VICE PRESIDENT. Ninety Senators have answered amendment. In the 66 years which have followed, in which the to their names. A quorum is present. The question is on fourteenth amendment has become the most bitterly litigated portion of the Constitution, none has doubted the validity of its the motion of the Senator from Arkansas [Mr. RoBmsoN J to ratification. reconsider the vote by which the amendment proposed by The question ts foreclosed by this long acquiescence by the the Senator from Montana [Mr. WHEELER] was adopted. Court and by the Nation. If more be needed, it should be re­ Mr. ROBINSON. Mr. President, I understand there will called that there is here more than acquiescence; there is also affirmative action by Congress. And "the practical construction be further debate. The indications are that the Senate is of the Constitution by Congress • • • is entitled to great con­ not ready for a final vote this afternoon. I therefore ask sideration, especially in the absence of anything adverse to it in unanimous consent that when the Senate completes its the discussion of the convention which framed, and of the con­ ventions which ratified, the Constitution" (Veazie State Bank v. labors today it take a recess until 12 o'clock noon on Mon­ Fenno, 8 Wall. 533, 544). There was, it should perhaps be noted, day next; that at not later than 3 o'clock on that day the no discussion of the question here eonsidered in the cur~ory atten­ Senate proceed to vote on the pending motion and on all tion given the amending procedure in either the constitutional amendments that may be pending or that may be offered, convention or the Federalist. (See Madison's Debates on the Adoption of the Federal Constitution, Elliott's Ed., 18-4:5, pp. 530- and take a final vote on the bill. 531, 551; Federalist, No. -4:3.) The VICE PRESIDENT. Is there objection to the request Not only is there the action by Congress and the long acqui­ of the Senator from Arkansas? escence of the Court, but there is also a declaration by the Su­ preme Court which seems completely to foreclose any question of Mr. LONG. Mr. President, as I understand the Senator's the validity of such ratifications which follow earlier rejections. request it is that at 3 o'clock we vote on all amendments. In , despite senate rules of procedure which forbade Mr. ROBINSON. Yes. reconsideration of a measure during the session in which it was defeated, the senate ratified the proposed nineteenth amendment Mr. LONG. I have another amendment to submit. subsequent to a rejection in the same session ( Orfield, Procedure Mr. ROBINSON. I understood the Senator had. I as­ of Federal Amending Power, 25 lli. Law Rev. 418, fn. 38, pp. sume that 3 hours would give ample time for conclusion of 436-7; argument of counsel, Leser v. Garnett, 66 L. Ed. 505, 506-7). The Supreme Court, in Leser v. Garnett (258 U. S. 130), the matter. The debate on the pending motion has appar­ refused to look behind the certification of the Secretary of State, ently been nearly exhausted. or to allow him to look behind the official notices sent him. It Mr. LONG. I do not know whether that would leave said (at 137): "As the Legislatures of Tennessee and of West Virginia had much time for consideration of my amendment or not. I power to adopt the resolutions of ratification, official notice to was about to make a suggestion of modification, that we the Secretary, duly authenticated, that they had done so, was vote on the pending motion say at 2 o'clock. conclusive upon him, and, being certified to by his proclamation, is conclusive on the courts." · ·, ' Mr. ROBINSON. I think we will be ready to vote on the Finally, it is perhaps of interest that the writers who have con­ pending motion before that. sidered the question are virtually unanimous in their belief that -Mr. LONG. I mean not later than 2 o'clock. an earlier rejection does not bar subsequent ratifications. Mr. ROBINSON. And take a final vote when? (See Jameson, Constitutional Conventions, sec. 579; Willoughby, the Constitutional Law of the United States, sec. 329a, v. 1, p. Mr. LONG. Let me offer my amendment. We might 593; Burdick, the Law of the American Constitution, sec. 20, dispose of it now. p. 43; Orfield, Procedure of Federal Amending Power, 25 DI. Law. Mr. ROBINSON. I think that cannot be done under the Rev. 418, 439; Dodd, Amending the Federal Constitution, 30 Yale Law J. 321, 347; Grinnel, Finality of State's Ratification of a Con­ parliamentary situation. stitutional Aniendment, 11 Am. Bar Assn. J. 192; Miller, Amend­ Mr. LONG. I should like to have a little time on my ment of the Federal Constitution, 60 Am. Law Rev. 181-184; Ames, amendment. Proposed Amendments to Constitution, p. 229; 12 Corpus Juris 6~2; Watson on the Constitution, v. 2, pp. 1315-18; Garrett, Amending Mr. ROBINSON. Let me submit a modification of my the Federal Constitution, 7 Tenn. Law Rev. 286, 294; Wheeler, May unanimous-consent request. I ask unanimous consent that Ratification Be Repealed, 20 Case and Comment 548, 550; Contra, when the Senate completes its labors today it take a recess Cadwallader, Amending the Federal Constitution, 60 Am. Law Rev. 389, 393.) until 12 o'clock noon on Monday next; that afteT the hour of 1 o'clock on Monday, February 11, debate be so limited FARM CREDIT ACT OF 1935 that no Senator shall speak more than once or longer than The Senate resumed the consideration of the bill CS. 1384) 15 minutes on the bill or any amendment or motion that to amend the Emergency Farm Mortgage Act' of 1933, to may be pending or that may be offered. amend the Federal Farm Loan Act, to amend the Agri­ The VICE PRESIDENT. Is there objection to the request cultural Marketing Act, and to amend the Farm Credit Act of the Senator from Arkansas? The Chair hears none, and of 1933, and for other purposes. it is so ordered. The PRESIDING OFFICER. The question is on the mo­ Mr. LONG. Mr. President, I send to the desk the amend­ tion of the Senator from Arkansas [Mr. ROBINSON] to re­ ment which I desire to oiler and ask that it be printed and consider the vote by which the amendment of the Senator lie on the. table. from Montana [Mr. WHEELER] was agreed to. Mr. FLETCHER. May we have the amendment read? Mr. WHEELER. I sl.Iggest the absence of a quorum. The VICE PRESIDENT. The clerk will read the amend­ The PRESIDING OFFICER. The clerk will call the roll. ment for the information of the Senate. The Chief Clerk called the roll, and the following Senators The CHIEF CLERK. It is proposed to insert a new para- answered to their names: · graph (f), as follows: · Adams Bulow Davis Hatch (f) Whenever any loan or part thereof made by any Fede:al Ashurst Burke Dieterich Hayden land bank, land-bank commissioner, or Federal farm-m ortgage Austin Byrd Donahey Johnson Bachman Byrnes Duffy King corporation, shall not have been paid or otherwise discharged, Balley Capper Fletcher La Follette there shall never be entered any judgment against any debtor for Bankhead Caraway Frazier Lewis any sum beyond that realized from the property mort gaged or Barbour Carey George Logan hypothecated for said loan, and deficiency judgm ents against Barkley Clark Gerry Lonergan debtors for any sum beyond the amount realized from the sale of Bilbo Connally Gibson Long the property mortgaged are specifically prohibited. Black Coolidge Glass McAdoo Bone Copeland Gore Mc Carran The VICE PRESIDENT. The amendment will be printed Borah Costigan Hale McGlll and lie on the table. Brown Couzens Harrison M.cKellar Bulk.leJ Cutting Hastings McNary Mr. LONG. It is to stop deficiency judgments. 1935 CONGRESSIONAL RECORD-SENATE 1739

WATER BOUNDARY LINES BETWEEN WASHINGTON, OREGON, AND may have considerable effect upon the attitude of the Sen­ IDAHO ate in reference to this nomination. Without prejudice to - Mr. BORAH. Mr. President, will the majority leader yield the nominee, but in view of the investigation which is going to enable me to call up a measure which I think will lead to on, I ask that the nomination go over until all the facts are no discussion? known. Mr. ROBINSON. Yes; though I will state to the Senator The VICE PRESIDENT. Is there objection? The Chair from Idaho that at the conclusion of the unfinished business hears none, and the nomination will be passed over. now before the Senate it is my purpose to arrange for a call THE JUDICIARY of the calendar and the consideration of bills now on the cal­ The Chief Clerk read the nomination of Albert C. Ben­ endar. However, if the Senator desires to dispose of his bill ninger to be United States marshal for the eastern district at this time, I have no objection. of New York. Mr. BORAH. The only reason why I ask it is because the The VICE PRESIDENT. Without objection, the nomina­ Legislature of Idaho is in session at this time. tion is confirmed. Mr. ROBINSON. Very well. Mr. BORAH. I refer to Senate Joint Resolution 23, Order PUBLIC HEALTH SERVICE of Business 51. The Chief Clerk read the nomination of Benton O. Lewis The VICE PRESIDENT. Does the Senator from Idaho to be passed assistant surgeon. request the present consideration of the joint resolution? The VICE PRESIDENT. Without objection, the nomina­ Mr. BORAH. I ask unanimous consent for its present tion is confirmed. consideration. The Chief Clerk read the nomination of Charles T. The VICE PRESIDENT. The title of the joint resolution Meacham, Jr., to be passed assistant surgeon. will be stated. The VICE PRESIDENT. Without objection, the nomina­ The CmEF CLERK. Joint resolution CS. J. Res. 23) giving tion is confirmed. consent of the Congress of the United States to the States The Chief Clerk read the nomination of Henry L. Wollen­ of Washington, Oregon, and Idaho, or any two of said States, weber to be passed assistant surgeon. to agree upon the jurisdiction to be exercised by said States The VICE PRESIDENT. Without objection, the nomina­ over boundary waters between any two or more of said tion is confirmed. States. The Chief Clerk read the nomination of David C. Elliott The VICE PRESIDENT. Is there objection to the present to be passed assistant surgeon. consideration of the joint resolution? The VICE PRESIDENT. Without objection, the nomina­ There being no objection, the Senate proceeded to consider tion is confirmed. the joint resolution, which was ordered to be engrossed for POSTMASTERS a third reading, read the third time, and passed, as follows: The Chief Clerk proceeded to read the nominations of Resolved, etc., The consent of the Congress is hereby given to sundry postmasters. the States of Wa-shington, Oregon, and Idaho, or any two of them, Mr. ROBINSON. I ask that the nominations of post­ by such agreement or compact as they may deem desirable or nec­ essary, or as may be evidenced by legislative acts enacted by any masters on the calendar be confirmed en bloc. two or more of said States, not in conflict with the Constitution The VICE PRESIDENT. Is there objection? The Chair of the United States or any law thereof, to determine and settle hears none, and the nominations of postmasters are con­ the jurisdiction to be exercised by said States, respectively, over firmed en bloc. offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between That completes the calendar. any two or more of said States, or waters through which such IN THE ARMY boundary line extends; and that the consent of the Congress be, and the same is hereby, given to the concurrent jurisdiction Mr. SHEPPARD. From the Committee on Military Affairs agreed to by the States of Oregon, Washington, and Idaho as I report back favorably a few nominations, and ask that they evidenced by the act of the Legislature of the State of Idaho be approved at this time. They are mostly routine nomina­ approved , 1935, the act of the Legislature of the State of Oregon approved , 1935, and the act of the Legislature of the tions. State of Washington approved , 1935. The VICE PRESIDENT. Is there objection to the request of the Senator from Texas? The Chair hears none. EXECUTIVE SESSION The Chief Clerk read the nomination of Col. Harry Lee Mr. ROBINSON. I move that the Senate proceed to the Steele, Coast Artillery Corps, to be Chief of Coast Artillery, consideration of executive business. with the rank of major general. The motion was agreed to; and the Senate proceeded to The VICE PRESIDENT. Without objection, the nomina­ the consideration of executive business. tion is confirmed. NOMINATIONS REFERRED AND NOMINATION WITHDRAWN The Chief Clerk read the nominations of the following­ The VICE PRESIDENT laid before the Senate several named officers for appointment, by transfer, in the Regular messages from the President of the United States, sub­ Army of the United States: mitting nominations and withdrawing a nomination, which were referred to the appropriate committees, or ordered to TO QUARTERMASTER CORPS lie on the table. . First Lt. James Edgar Macklin, 2d, Infantry (detailed in

TO BE FIRST LIEUTENANT First Lt. John Hadley Fonvielle, Coast Artillery Corps, from Second Lt. David Haytor Buchanan, Infantry. February 1, 1935. The VICE PRESIDENT. Without objection, the nomina­ First Lt. John Bartlett Sherman, Infantry, from February tions are confirmed. 1, 1935. Mr. SHEPPARD. I ask that the President be notified. First Lt. Elmer Vaughan Stansbury, Cavalry, from Febru­ The VICE PRESIDENT. The Senator from Texas asks ary 1, 1935. unanimous consent that the President be notified. Is there First Lt. Joe David Moss, Coast Artillery Corps, from objection? The Chair hears none. February 1, 1935. TO BE FIRST LIEUTENANTS RECESS Mr. ROBINSON. As in legislative session I move, pur­ Second Lt. Stanley Walker Jones, Infantry, from J anuary suant to the order heretofore entered, that the Senate stand 31, 1935. in recess until 12 o'clock noon on Monday. Second Lt. Francis Hobdy Lynch, Infantry, from February The VICE PRESIDENT. The question is on the motion 1, 1935. of the Senator from Arkansas. Second Lt. Ronald John Pierce, Infantry, from February The motion was agreed to; and

NEW JERSEY business which would be in order on Monday next may be in Harry Kramer, Metuchen. order on Tuesday. Frank H. Moran, Middlesex. The SPEAKER. Is there objection to the request of the Russell J. Noncarrow, Morristown. gentleman from Colorado? Patricia B. Hanlon, Moil.ntain Lakes. There was no objection. Abraham G. Nelson, New Market. HUMANITARIAN LEGISLATION PUERTO RICO Mr. WELCH. Mr. Speaker, I ask unanimous consent to Alfredo F. Irizarry, Cabo Rojo. extend my own remarks in the RECORD. Julio Ramos, Cayey. The SPEAKER. Is there objection to the request of the Francisco R. Fernandez, Guayama. gentleman from California? Jose Carrera, Humacao. There was no objection. Eduvigis de la Rosa, Isabela. Mr. WELCH. Mr. Speaker, it was with great interest that Pedro Muniz Rivera, Manati. I listened to the address of the distinguished gentleman from Alberto Bravo, Mayaguez. New York [Mr. SmovrcH] on Wednesday afternoon. His Antonio Godinez, Rio Piedras. outline of the history of the development of humanitarian Felipe B. Cruz, Vieques. principles in legislation was indeed enlightening. In his zeal Simon Semidei, Yauco. to uphold the party of which he is a member, however, I am afraid he has overlooked the meritm;ious advances made in RHODE ISLAND this type of legislation made by States other than his own. Joseph E. Murray, Ashaway. I would not belittle the great Empire State for the progress Andrew J. McKean, Hillsgrove. it has made in enacting laws assisting the laboring man. Neither would I attempt to detract from the glory that be­ WITHDRAWAL longs to many of our great progressive and forward-looking Executive nomination withdrawn from the Senate February statesmen who have contributed to the life of the Demo­ 8 (legislative day of Feb. 7), 1935 cratic Party. But I do invite his attention, and the attention William T. Whittenburg, to be postmaster at Skiatook, of this House, to the fact that not New York but the great Okla. and progressive States of California and Wisconsin have been the pioneers in the type of legislation referred to by the distinguished gentleman. HOUSE OF REPRESENTATIVES In 1909, while a member of the California State Senate, FRIDAY, FEBRUARY 8, 1935 I was the author of a constitutional amendment providing for workmen's compensation. In accordance with the laws. The House met at 12 o'clock noon. of the State of California, this amendment was submitted to Rev. Dr. George B. Gilbert, rector of the Epiphany Church, the people in the next general election which occurred in Durham, Conn., offered the following prayer: the following year, 1910. By an overwhelming majority the O God, who hast' given us this wonderful world with all its people of California adopted the amendment to their State beauty and it.s boundless abundance for the needs of all constitution,. In the next session of the legislature, in 1911, Thy children, and whose spirit is always brooding over the and under the administration of that great Progressive Re­ hearts of Thy people, striving to enter more and more into publican leader, Senator HIRAM W. JOHNSON, who was then their lives, we beseech Thee to give us such open minds as Governor, the present workmen's compensation laws, as may enable us to receive from Thee grace and insight, to well as other humanitarian legislation, was enacted. With perceive what things we ought to do, and power to fulfill the slight amendment these laws have continued to be not only same. a part of the laws of the State but an integral part of May we feel a sense of our great responsibility, a desire California's constitution. to promote fellowship among all peoples, and a sincere long­ It was at about the same time that Wisconsin, under the ing to better the condition of all those in any distress. leadership of another great Progressive Republican leader, Guide our deliberations this day. We ask it in Christ's the late lamented Senator Robert M. La Follette, a former name. Amen. Governor of that State, enacted workmen's compensation The Journal of the proceedings of yesterday was read and laws for the benefit of the workingmen of that State. approved. So it will be seen that both of these States antedated New MESSAGE FROM THE PRESIDENT York in providing this type of legislation on behalf of their laboring thousands. A message in writing from the President of the United All three States should be commended for their progres­ States was communicated to the House by Mr. Latta, one of sive leadership in those early days of humanitarian legisla­ his secretaries. tion, as indeed should every other State in the Union which MESSAGE FROM THE SENATE has enacted these principles into law. A message from the Senate, by Mr. Horne, its enrolling ELECTION TO COMMITTEES clerk, announced that the Senate had passed bills of the Mr. SNELL. Mr. Speaker, I present a resolution and ask 1 following titles, in which the concurrence of the House is for its present consideration, requested: The Clerk read as follows: s. 417. An act for the relief of Fred M. Munn; House Resolution 105 S. 488. An act for the relief of Michael Ditz; and Resolved, That CHARLES A. HALLECK, of Indiana, be, and he is S. 546. An act for the relief of Miles Thomas Barrett. hereby, elected a member of the following comm.lttees of the The message also announced that the Vice President had House of Representatives, to wit, Civil Service, Pensions, and appointed Mr. SHEPPARD and Mr. CUTTING members of the World War Veterans' Legislation; and That RALPH E. CHURCH, of Illinois, be, and he is hereby, elected joint select committee on the part of the Senate, as provided a. member of the Committee on Revision of the Laws. for in the act of February 16, 1889, as amended by the act of March 2, 1895, entitled "An act to authorize and provide The SPEAKER. Is there objection to the request of the I for the disposition of useless papers in the executive depart­ gentleman from New York [Mr. SNELL]? · ments", for the disposition of useless papers in the War There was no objection. Department. The resolution was agreed to. ADJOURNMENT OVER REAL ESTATE BONDHOLDERS REORGANIZATIONS INVESTIGATION Mr. TAYLOR of Colorado. Mr. Speaker, I ask unanimous Mr. COCHRAN. Mr. Speaker, I present a privileged res- consent that when the House adjourn today it adjourn to olution (H. Res. 79) from the Committee on Accounts, and meet on Tuesday at noon, and that the District of Columbia ask for its immediate consideration.

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