8976 CON GRESSION \_L RECORD-HO"GSE.

the prices that produce the profit . Some of them may success­ Go\ernment mone!. I~ ii' e:-timnt~ll that the industry was ex­ fully compete with tlle Germans in South America. Some no panded to t?ree times its former size. To-day, in its readjust­ doubt have great organizations. Some may do just as they ment, th~ mdus~ry ~ace a. corresponding contraction to the plea e. But why should the machine-tool industry be joined in peace basis.. Besides, it foreign market is gone, and that market a scathing denunciation of such people? was absorb~g probably between 20 and 30 per cent of the If Senator SIMMOKs had grounds for these statements, in so to~l P:?duction before the war. This expanded capacity is now far as some automobile and firearms producers were concerned, a Iiab1li~y, not an asset, and is far in excess of reasonable the statements were all erroneous as applied to the machine-tool expectation of u e. industry, which was lumped with these others in the di ·cus­ . C~rtai~ly the bes~ justification for a protecti\e tariff is the sion. ~ustifican.on of n3:t10nal defense. The machine-tool industry Machine tools are not small tools, as some Senators have be­ IS ~ ~ey ~dustry_ m national defense. If it is ruined by com­ lieved, and as some may still believe. The term " machine petition with foreign enemies this country would be in a terrible tools" would be clearnr to the nontechnical if they knew that it state when it came to defen e in any future war. applied to the great mass of metal working machinery used in ~ar. from being a monopoly that charge· what it pleases, at the forming or working into finished shape of all metal part . this tI~e these manufacturers are fighting tooth and nail for This class of machinery is the most important of all the indus­ every httle order. A large excess of war-made machines is trial machinery group, using the term " industrial " as distin­ on the seco1Hl~and market; all costs are still exceedingly high guished from ''agricultural" and "transportation." The output and demand is very small. All these circumstances make it of machine tools is about 25 per cent of the output of all in­ impo sible for this industry to get any profit at all, and there dustrial machinery. On the high quality and productivity of have been numerous failure . the machine tool depends the quality and amount of production The German machine-tool industry was also expanded to per man of all the industries making metal goods and machin­ take care of the war needs of the Central Powers, and it is in ery of every other class. On this industry the other metal in­ the ha.nu o~ strong concerns. A 15 per cent rate on foreign dustries ,must depend for low costs with high American wages. v:iluation wil~ help the Germans to kill off their American ~ivals; and this. by the action of a Republican Senate establish­ It is the genius of the machine-tool builder that makes possible mg a Democratic rate at the instigation of Democratic Senators cheap automobiles, sewing mac;hines, washing machines, phono­ from Arkansas and North Carolina-States that have no metal­ graphs, and radiophones. The accurate instruments, close­ working industries of any consequence. shooting weapons, huge quantities of war material so necessary You_r own State of Ohio is the largest producer of machine in the late war, all depended on the genius of the American tool~ m al~ the United States. and we appeal to you as repre­ machine-tool builder for their production. . e~tin~ this State to call the attention of the Renate to the Therefore this industry deserves something better than a mere ~nJU t1~e that has b~en done to this inclu try, not only in the fling of vituperation at the hands of the misinformed. If this ill ·considered reduction, without any reflection or information industry is throttled, all others must suffer. · ~s to the rate.. but in unju ~ t, unfair slurs directed against an In refutation of Senator SnrMoNs's statement as to exorbitant mdustry that In-es by the "Weat of its brow. profits, the experience of this industry was that the 1914 prices · Thi industry has to bid for its material and labor against were so low that the manufacturers faced ruin. Testimony had all other mechanical indush-ies. Being put in a lower rate been submitted to the Underwood committee showing that the ~lass a~ 15 per .cent, w~en all of its cu tomers and competing machine-tool industry had ea.med only 8.95_ per cent on its mdustries are gIYen a higher rate, was an injustice of the Un­ invested capital for the 10 years prior to 1913. Prices in 1914 derwood law that the House bill sought to correct with a rnte were extremely low because of prospective German competition of 35 per cent. To continue to w-ork such an injustice on that was just coming in under the Underwood Tarifl\ that had an important industry, with 53,000 wage earners, an indu - made the rate 15 per cent. try o essential to the national defen e and progre , is beronu If the industry before the war could not earn oYer 8.95 per rea on. cent with the lower wages paid at that time, it will be strange It is hoped that the Senate will rescind the action in makin"' if it earns anything with "Wages and material and all other this amendment, and will. at lea ·t, resto.re the machine-tool ite~ cost more than double the 1914 rate and machine-tool prices to a rate coyered by the o-called "basket clause" where it only 40 per cent more than 1914. was some years ago, with all other· mechanical intl~stries with The export market formerly enjoyed by the machine-tool whom it competes for labor and material, and who in turn must industry has now been almost annihilated. The large German depend on the machine-tool indu. trr for their vital improve­ steel combinations, engineered by the German ti·ust organizers­ ments in methods of production. Krupp, Stinness, and others-control large machine-tool Very truly your , works and are now taking steps to enter the American market. E. F. D"GBRUL, General Manager. They certainly can and will do so if the rate of 15 per cent ls RECE ' • maintained, since German copies of American machine now ~ell for only one-third of the present price of American · .Mr. CURTIS. I mo\e that the Senate tnke a reces the re­ originals. ce being under the unanimou -consent agreement, ~ntil 11 Senator KING on the same day said that the prices were more o'clock to-morrow. than 100 per cent over the 1914 price, that the manufacturers The motion was agreed to, and (at 6 o'clock and 7 minutes were taking advantage of a monopoly, and that they charged p. m.) the_ Senate, under the order previou ly entered, took a practically what they desired. The following figures, taken from recess until to-morrow, Tuesday, June 20, 1922, at 11 o'clock the 1919 census, are sufficient proof that Senator KING'S re­ a. m. mark could not apply to the machine-tool industry. According to the census figures of 1919 the machine-tool industry's invested HOUSE OF REPRESENTATIVES. capital was $213,000,000. The total value of its product in that year was $212,000,000. We are told that the sale of repair :MONDAY, June 19, 19~~. parts of the lowest-priced automobile, built by a prominent Democrat, amount to more than that in one year for that one The Hou ·e met at 12 o'clock noon, and was called to order concern. So when it comes to volume this industry can not be by the Speaker. so damnable a monopoly as Senator KING intimated. • The Chaplain, Rev. Jame Shera Montgomery, D. D., offered The machine-tool industry in 1919 had 403 establishments the follo'\\i.ng prayer : employing 53,111 wage earners. The average of wage earner~ Heavenly Father, again our eyes are open to the wide reaches per shop was therefore 132. Where is that monopoly that of the impartial love of a divine Pro'Vidence. We rejoice in Senator KING says wa taken advantage of by the manufacturers the glad outlook of the day and week. l\lay we bring buoyant to charge the public what they desired? The actual facts are hearts and minds to our duties. Impres u that it is always ju t the opposite. This indu try of scattered, small establish­ best to believe the best and do the best. Faithfulne s to prin­ ment is to-day struggling for existence, and has been doing so ciple is essential to Thy favor and to the e teem of our fellow . for over 18 months, as a reaction from the war conditions. Direct u by Thy wisdom, girn courage to conquer every temp· -This inuustry was absolutely es ential to the successful con­ tation, and strength to ari e from e\ery failure. Thus enable duct of the war. Without metal-working machines, machine us to strive for the victorie that count and tell for God and tools, as technically known, war munitions could not have been man. Amen. made. The enormous demands of the war for such· machines were patriotically supplied by the expansion of the machine­ The Journal of the proceedings of Saturday, June 17. 1922, tool industry with its own capital or borrowed money-not with. was read and approve~. 1922. CONGRESSIONAL RECORD-HOUSE. 8977

MESSAGE FROM THE SENATE. The SPEAKER. Is there objection to the present considera­ A message from the Senate by Mr. Craven, its Chief Clerk, tion of this bill ? announced tbat the Senate had agreed to the amendments of Mr. STAFFORD. l\Ir. Speaker, when this bill was up fQr the House of Representatives to bills of the following titles: consideration on the call two weeks ago the gentleman who re­ S. 1784. An act for · the relief of John B. Elliott; ported it asked that it be passed over without prejudice fo1· S. 154. An act to extend the benefits of the employers' lia­ the purpose of obtaining additional information which at that bility act of September 7, 1916, to Arthur E. Rump; and time he did not have. I do not see the gentleman now in the S. 1087. An act for the relief of H. L. McFarlin. Chamber. I ask unanimous consent to have it passed over The message also announced that the Senate had passed without prejudice. joint resolution (S. J. Res. 185) authori.ziing the Secretary of The SPEAKER. The gentleman from Wisconsin asks unani­ War to grant permits for removal of rock and gra-vel from the mous consent that this bill be 'passed over without prejudice. Fort Wingate l\Iilitary Reservation, in which the concurrence Is there objection? of the House of Representatives was requested. • There was no objection. The SPEAKER. The Clerk will report the ·next bill. SEN ATE JOINT RESOLUTION REFERRED. LEASE OF SURPLUS ELECTRIC POWER. Under clause 2, Rule XXIV, Senate joint resolution of the The next business on the Calendar for Unanimous Consent following title was taken from the Speaker's table and referred was the bill ( H. R. 10'248) to amend the act of April 16, 1906, to its appropriate committee, as indicated below: and the act of February 24, 1911, relative to the lease of sur­ S. J. Hes. 185. Joint re olution authorizing the Secretary of plus electric power on Federal irrigation projects. War to grant permits for removal of rock and gravel from the The title of the bill was read. Fort Wingate Military Reservation; to the Committee on Mili­ The SPEAKER. Is there objection to the present considera­ tary Affairs. tion of this bill? UNANIMOUS CONSENT CALENDAR. lUr. STAFFORD. Mi·. Speaker, reserving the right to object, The SPEAKER. To-day business on the Unanimous Consent since this bill was passed over two weeks ago at my request Calendar is in order. The Clerk will call the first bill on the the gentleman from Arizona [Mr. HAYDEN], the author of the calendar. bill, has furnished me with additional information. But I wish to make a certai.L Jnquiry as to the last proviso, vesting uis­ IMPRISONMENT OF FEMALE 01'"'FENDERS IN ST.4TE REFORMATORIES. cretion in the Secretary of the Interior to adjust these rates The first business on the Calendar for Unanimous Consent within 5, 10, or 20 year periods of time after the entry into ·was the bill ( S. 1010) to amend sections 5549 and 5550 of the contracts of lease. Revised Statutes of the United States. My impression as to the readjustments of the rental for this The title of the bill was read. hydroelectric power that is sought to be granted to the Water The SPEAKER. Is there objection to the consideration of Users' Association, under certain terms that will be satisfactory this bill? to the Secretary of the Interior, is that they should be manda­ 1\fr. WALSH. Mr. Speaker, I ask unantmous consent that torily changed at least every 10 years. I think the period of the bill be passed over without prejudice. time is too long to make it 20 years when the prices of power The SPEAKER. The gentleman from Massachusetts asks may change perhaps by reason of the price of coal. We all unanimous consent that this bill be passed over without preju­ know that the price of hydroelectric power is largely dependent dice. Is there objection? and conditioned upon the price of coal, the price at which it There was no objection. is sold at the place where the power is developed. Now, in the The SPEAKER. The Clerk will report the next bill. granting of leases for power at a certain rate and having the MAILS FOB THE BLIND. time extended to 20 years you are doing so at the expense of the other users of power. The next busine"s on the Calendar for Unanimous Consent Mr. HAYDEN. The gentleman from Wisconsin will observe -

• ~978 CONGRESSIONAL. - RECORD-HOUSE. JUNE 19, tion upon the de.partment to readjust the i·ate at any period of bill. The Salt River project is a completed project, now being the 50-year lease. operated unde~ an organization of the landowners. I should llir. HAYDEN. Neither is there any such obligation under say that nothirig in this bill would by any possibility authorize the water powe.r act. · the use "Of the reclamation fund for the further extension of the l\Ir. STAFFORD. It says the charges shall be r"ffidjusted at powei.· project. the end of 20 years. Mr. HAYDEN. A:bso1utely not, and nothing of the kind is Mr. HAYDEN. No; I copied the wording of this bill ex.a.ctly intended. 1.rom that act, which is permissive but not mandatory. It says Mr. :HONDELL. That is my interpretation of the bill,, but that such charges may be readjusted. I thought it was well to have it made certain. l\fr. STAFFORD. Read just below, where it is mandatory. Mr. HAYDEN. The bill will have this effect; whatever power l\Ir. HAYDEN. There is nothing mandatory. The water is developed, what.ever -dams are built, whatever improvements power act provides- are made, the title to the same ill be in the United States Tbe commission shall fix a reasonable annual charge for the use ru; ru:ilditional security for the sums due on the construction thereof, .and such· charges may lie readjusted at the end of 20 years charge as-heretofore fixed for the Salt River project. thereafter and at periods of not less than 10 years thereafter. 1\lr. MONDELL. This bill authorizes the Secretary of the Mr. STAFFORD. The gentleman has called attention to the Interior on behalf of the people interested and on behalf of the provision of the water power act that applies to Government actual owners of the project to make a contract for a period of projects on Indian reservations.. 50 years with an opportunity for readjustment in 5 yeans, 10 !Ir. HAYDEN. Government dams or Indian reservations. years, or 20 years. This bill relates to the sale of surplus power from a Govern­ l\fr. HAYDEN. That is the only purpose of the bill. ment dam, because the title to the pvoperty will remain in the Mr. l\IONDELL. And leaves the matter wholly in the hands U nitoo State . of the poople vitally interested, and the iJ.onger period would 1\lr. STAFFORD. Yes. make it possible to make a better contract than could ·be made Mr. HAYDEl"\f. And the language of the bill precisely fol­ otherwise. low. the Federal water power act, except that I have provided 1\Ir. MANN. Will the gentleman yi.eld? that there may be five-year rate readjustments. Mr. HAYDEN. CertainJy. Mr. STAFFORD. My idea is that for the protection of the Mr. l\IANN. There are a good many provisions in the general users of power there should be a requirement that the rates water power act which, of course, are not carried in this very be reooju ted a.t .certain fixed times. It is not fair to the future brief bill. Are tµere any es entia1 provisions in the general u s of power to have some large user of this stored-up power water power act in reference to tire power of making contracts? get a preferential rate under a long-time lease, which may be l\Ir. HAYDEN. No. If the gentleman from Illinois will look away be.iow the prevailing cost 20 or 25 years hence. Ne.ither at the bill as originally introduced-- is it fair perhaps to the user of power to charge him an exees­ Mr. 1\1.Al\TN. I have read it. si ve rate when the rate may be mueh lower 20 or 25 years he.nee. Mr. HAYDEN. And .at the report in which I printed the Mr. HAYDEN. Under the terms of this bill, when a con­ letter of the secretary of the Federal Water Power Commis­ tract for tlle sale of surplus power is made it may provide sion, he will note that the secretary says that inasmuch as this for a readjustment of rates at fixed periods. If a oonsumer of bill deals solely with the sale of surplus powe.r, there is no power believes that in the future electric power will be cheaper­ interference in any possible way with the Federal water power a.nd that is my opinion so far as Arizona is concerned, on ac­ .act count of future hydroelectric development on the Cok>rado l\Ir. l\IANN. We gave very careful consideration to the terms River-he J\,"\'ill naturally insist that the readjustment come as of the Federal water power act, and there a.re many provisions soon .as possible. If the Salt River Valley Water Users' As o­ in that act with referenoo to contracts, but .this bill lea:ves it cia.tion is wise in making its power <.'Ontracts, it will try to absolutely with the Secretary of the Interior and to the water obligate the consumers at a high rate for .as long a time as it users as to the terms of the contract. can. But, in any event, a readjustment of rates can be agreed Mr. HAYDEN. All that this bill deals with 1J the sale of upon in advance and so specified at the time the contract is surplus power; it has nothing to do with the power site, the made. title to which remains in the Federal Government. l\Ir. CLARKE of New York. Will the gentleman state what Mr. MANN. That is all you get anywhere, is the surplus power project along the Colorado Rtrnr he has in mind? power. l\fr. HAYDEN. I have in mind a very large reservoir which Mr. HAYDEN. Under the Federal water power act a water­ must be constructed rin -Order to protect the Yuma Valley and power site may be leased for a term of 50 years. The lessee the Imperial Valley from the flood of the Colorad"O River. then places buildings and other structures necessary to develop When that great Teservoir is provided at least 600,000 horse­ power on the site, but the United State.s reser es the right to power of electric energy will be produced as the stored water is recapture the property at the expiration of the lease. In this gradually released.. case the Salt River Valley Water Users' Association now has Mr. CLARKE of New York. Has the gentleman in mind the the right to develop power for its own purposes, and is only project that may possibly be developed by Girand and others? asking for the privilege of selling the surplus. 1\Ir. HAYDEN. That particular project is for po,ver only. It Afr. MANN. It comes from the fact that th General Gov­ provides practically no storage, but would create about 100,000 ernment has control over the power site. Let me ask the gen­ hor epower for use in Arizona. If the proposed Girand power tleman this question: Under the ge.neral water power .act a plant at Diamond Creek in the Colorado River were in exist­ portion of the profits received by the Government is paid to ence to-day, I doubt very much whether it would be possible to the State? iin::mce the Salt River power development, in aid of Which I am 1\lr. HAYDEN. That is true, and a part of the receipts are seeking to have this bill passed. . also paid into the reclamation fund. J'il.r_ CLARKE of New York. Would this project interfere Mr. MANN. Why should a portion of the proceeds from the in any way with the Girand project"? Government site be paid into the State fund in one case and l\1r. HAYDEN. No; because this project ls comparatively not in another"! small The Girand project is large enough to supply power to Mr. HAYDEN. The power sites affected by this bill we.re a great many copper mines in Arizona. This Salt River project reserved and set aside for the use of the Salt River reclamation may care for the power needs of two or three of them. There project long before the Federal water powe-r act was passed by is no real conflic.1 between the two. This project will not re­ Congress. quire so much money for its development and the mines will Mr. MANN. That is the case on a great many sites that were ha Ye power immediatelY. I now yield tc the gentleman from set aside; very few have been set aside since the water power Wyoming [Mr. MONDELL]. act passed. They were set aside before, and while I am not l\fr. MONDELL. Mr. Speaker, reserving the right to object, specially anxious to have the mon~y paid into the State, still I am inclined to think that the plan proposed is a safe and I notice that when the question comes up of paying money sound one, and, as a matter of fact, is perhaps essential for into the Treasury then all the gentlemen representing these the best utilization of the power on the Salt River reclamation States want to get as little into the General Treasury as pos­ project. In order that the matter may be very clear, I want sible .and as much into the local treasury as possible. What is to ask the gentleman from Arizona as to this phase of the situ­ the difference in principle between paying money into the State ation: The bill provides that whenever a development of power treasury out of contracts under the general water power act is necessary for the irrigation of lands on the Salt River and under the Reclamation Service? reclamation project, or an opportunity is afforded for the de­ Mr. HAYDEN. Under the Federal water power act power velopment of power under such project, the Secretary of the is developed by private enterprise on Government land. Under Interior is authorized to make the contracts proposed ~ the the !eclamation act the power site is developed directly by the 1922. CONGRESSIONAL RECORD-HOUSE. 8979

United States for the benefit of the water users of the reclama­ Ackerman Driver Kleczka Prjngey Andrew, Mass. Dunbar Knight Ra iney, Ala. tion project. Ansorge Dunn Kreider Rayburn Mr. l\IANN. It is just the same in both cases, it is owned by Anthony Edmonds Langley Reber the Government. Arentz Evans Larson, Minn. Re0d, N. Y. Bacharach Fairfield Lazaro Reed, W. Va. ~fr. HA.YD.EN. A water-power company ·leases the site, Barkley Fields Lea, Calif. Riddick builds the power plant, and controls the entire property, which Beck Focht Leatherwood Robertson can not be taxed because the power site belongs to the United Beedy Frear Lee, N. Y. Rossdale Bell Free London Rouse States. Bixler Freeman Luce Rucker l\lr. MANN. They do in this case. Black McClintic Ryan Mr. HAYDEN. The Federal water power act therefore pro­ Bland, Ind. Gallivan McCormick Saba th Blanton Garrett, Tex. McFadden Sanders, Ind. vides that 37! per cent of rental received by the United States Bond Gilbert M 1.. Kenzie Sears shall be paid to the State in which the power site is located in Bowers Goldsborough McLa ughlin, Pa. Siegel lieu of taxes. Brennan Gootlykoontz MacGregor Sinclair Mr. MANN. Under the general water power act all private Britten Gorman Maloney Slemp , Pa. Gould Martin Snyder property is taxable. In this case, if it is not taxable, then Buchanan Graham, Pa. Mead Stiness there is much more reason for paying it into the State. Greene, Vt. Merritt Stoll l\Ir. HAYDEN. The water-power development which will Burtness Griest Michaelson Strong, Pa. Burton Hardy, Colo. Mills Sullivan take place if this bill becomes a law means that additional Campbell, Pa. Hersey Montague Swank areas of taxable lands will be brought under cultivation,_and Can trill Hicks 1\fontoya Sweet for that reason I do not anticipate that the State of Arizona Carter Hill Moore, Ill. Tague • Chandler, N. Y. Hogan Moore, Ohio Taylor, Ark. will insist upon receiving a share of the power receipts in lieu Clark, Fla. Husted Moores, Ind. Taylor, Tenn. of taxes. Classon Hutchinson Morin Thomas l\lr. l\IANN. If this was in some other State and the Govern­ Cockran Ireland Mott Tilson Codd James Mudd Treadway ment owned the whole property, it might be in favor of paying Collins Jefferis, Nebr. Nelson, Me. Tyson the money into the State rather than to the General Govern­ Connell Johnson, Miss. Nelson, J.M. Underhill ment. Connolly, Pa. Johnson, S. Dak. Newton, Minn. Va re Cooper, Ohio Jones , Pa. O'Brien Vestal Mr. JOHNSON of Washington. Other States will have this Cooper, Wis. Jones, Tex. O'Connor Ward,N. Y. bill as a model. Kahn Oliver Wason Mr. MANN. In this case they go on the theory that all of it Crago Kelley, Mich. • Olpp Wheeler Crnwther Kendall Osborne Williams, Ill. goes into the State in some way and there is no difference in Cullen Kennedy Padgett Wingo princi11le. I expect that there are many other matters of that Dailinger Ketcham Paige Wood, Ind. kind, and I tell the gentleman frankly that I am really afraid Davis, Minn. Kiess Par ker. N. J. Woodyard Deal Kindred Parks, Ark. Yates of a short bill not very carefully drawn. Dempsey Kinkaid Perkins Young Mr. HAYDEN. The bill was very carefully prepared. Dickinson Kirkpatrick P erlman l\fr. CHALMERS. Will the gentleman yield? Drn.qe Kitchin Petersen 1\fr. HAYDEN. I yield to my friend from Ohio. The SPEAKER. Two hundred and forty-eight Members have l\fr. CHALMERS. What is the object, why can not you do answered to their names, a quorum. this under the general water power act; is it simply an exten­ l\lr. MONDELL. Mr. Speaker, I move to dispense with fur­ sion of time? ther proceedings under the call. Mr. HAYDEN. If additional power for the Salt River recla­ The motion was agreed to. mation project could be obtained under the terms of the Fed­ . The doors were opened. eral water power act it would not be necessary to pass this The SPEAKER. The Clerk will report the title of the bill bill; but there is a special statute, passed in 1906, which deals under consideration. with power developed on United _States reclamation projects The Clerk read as follows : which limits contracts for the sale of surplus power to 10 years. . A bill (H. R. 10248) to amend the act of April 16, 1906. and the act All that I am trying to do is to amend that special statute, of February 24, 1911, relative to the lease of surplus electric powet· on which applies to reclamation projects only, which was passed Federal irrigation projects. long before the Federal water power act became a law ancl The SPEAKER. Is there objection to the present considera­ which the water power act did not repeal. I am trying to tion of the bill? amend it to conform to the Federal water power act with re­ Mr. STAFFORD. Mr. Speaker, reserving the right to ob­ spect to the term of 50 years. ject, following out the suggestion made by the gentleman from Mr. CHALMERS. I have the same fear that the gentleman Illinois [Mr. MANN] ancl others, I wish to know whether it from Illinois [l\Ir. MANN] has, that it may be regarded as a would not be advisable to have some provision in the bill so as dangerous precedent. to have this power subject to the other provisions of the gen­ l\Ir. HAYDEN. The precedent, if that is important, is eral water act, so far as applicable. The gentleman originally already established and fi.""{ed in the law. The Federal Water introduced this bill with the idea of amending section 5 of Power CoII'mission may now make 50-year leases. Instead of the reclamation act, I believe. establishing a precedent, I am following one already approved l\lr. HAYDEN. I introduced this bill with the idea of by Congress when it passed the water power act. I can not see amending section 5 of the special act that was passed in 1906, how there can be any danger in doing that. which simpJy authorized power leases on reclamation projects Mr. CHThTDBLOl\l. l\lr. Speaker, will the gentleman yield? for 10 years. That act was amenaed in 1911 in order that Mr. HAYDEN. Gladly. leases might be made on the Rio Grande reclamation project l\lr. CHINDBLOl\l. Is there anything in this bill or in this for 50 years. I introduced this bill to place the Salt River proposition which might in any way affect the national parks? project on a parity with the Rio Grande project. Then the 1\Ir. HAYDEN. Absolutely not. It merely means the use for question was raised that the passage of such legislation might power purposes of some water that flows down the Salt River be in conflict with the Federal water power act. At the sug­ from a reservoir heretofore constructed by the Reclamation gestion of the Committee on Irrigation of A.rid Lands, the bill Service. There is no national park within 200 miles of the was referred to the Federal Power Commission. That com­ power site which is to be utilized if this bill passes. mission reported back that there would be a conflict if the 1\lr. CHINDBLOl\l. The gentleman does not know of any bill contained the term "power privileges." Therefore the term objection? " power privileges " was omitted from this bill, which deals Mr. HAYDEN. None that can not be satisfactorily answered. with nothing but the sale of surplus power. If it is provided Mr. VOIGT.° l\lr. Speaker, I make the point of order that that all the terms of the Federal water power act shall apply there is no quorum present. to this bill, nothing will be accomplished. The water power The SPEAKER. The gentleman from Wisconsin makes the act refers to power sites owned by the Government, and in con­ point of order that there is no quorum present. The Chair will sideration of their use a license fee is charged. This bill merely count. [After counting.] It is clear that there is no quorum provides that if in connection with the Salt River reclama­ present. tion project they have surplus power to sell, then they can 1\lr. STAFFORD. l\Ir. Speaker, I move a call of the House. contract to sell it for 50 years instead of 10 years. Surplus The motion was agreed to. power is all that this bill affects. The doors were closed, and the Sergeant at Arms was notified hlr. ST.AFFORD. Mr. Speaker, I withdraw the reservation to bring in absentees. . of objection. The Clerk caned the roll, and the following "1\Iernbers failed The SPEAKER. Is there objection? [After a pause J The to answer to their names. Chair hears none, and the Clerk will report the bill. - - 18980 CONGRESSIONAL RECORD-HOUSE. J U:N'E 19,

· The Clerk read the bill a follows : .M_r. STAFFORD. Ur. Speaker, reserYing the ri ht to obj ct, Be it enacted, etc., That sectio.n 5 of the act of April 16, 1906 (34 I wish to inquire of the author of the bill why this privilege Stat., p. 116), as amended by the act of February 24, 1911 (36 Stat., should: not be left to the Department of the Interior rather than p. 930), be amend~d so as to read as follows : · "SEC. 5. 'l'hat whenever a development of power is necessary for the to one certain bureau of the department, anu further whether irrigation of lands, under any project undertaken under the said rec­ the privilege of the utilization should not be left to the President lamntion act, or an opportunity is afforded for the development of to determine as from time to time the Presiuent may determine power under such project, the Secretary of the Interior is authorized to lease for a period not exceeding 10 years, giving preference to municipal is necessary? purposes, a.v.r surplus power ox power privileges, and the money derived Mr. SUTHERLAND. I will say to the gentleman that the bill from such leases shall be covered into the reclamation fund and be was drafted by the Department of the Interior. I did not pay placed to the credit of the project from which such power is derived: Pro vided, That no lease shall be made o.f such surplus power or power much attention to the phraseology of it. Two weeks aO'o0 to­ privileges as wm impair the efficiency of the irrigation project: Pro­ day under unanimous consent the gentleman from Michigan vided further, That the Secretary of the Interior is authorized. 1n his [Mr. CRAYTON] reserved the right to object, and inquired as to discretion, to make such a lease in connection with Rio Grande project in Texas and New Mexico and the Salt River project in Arizona for a the probable expense involved. I -obtained all the informatiori longer period, not exceeding 50 years, with the approval of the water and he is perfectly satisfied with it. He happens to be out of users' association or associations under. any such project, organized in the Chamber at this time. conformity with the rules and regulations prescribed by the Secretary of the Intel'ior in pursuance of section 6 of the reclamation act ap­ ¥r. STAFFORD. It occurs to me if we have a Government proved June 17, 1902." building up in Alaska for which there is no further need and With the following committee amendment: the Burefl;U of Edu~tion or some bureau of the Department ot Strike out all after the enacting clause and insert: the ~nterior needs it, the President ought to have authority That whenever a development ot power is necessary for the irriga­ at least to say. what Government agency should utilize the tion of lands under the Salt River reclamation project, Arizona, or an building. opportunity is afforded for the development of {'Ower under said project, Mr. SUTHERLAND. The gentleman means general authority the Secretary o.f the Interior is authorized, givrng preference to munici­ as to buildings? · pal purposP. , to enter into contracts for a period not exceeding 50 years for the sale of any surplus power so developed, and the money derived Mr. STAFFORD. No; just this one building. from such sales shall be placed to the credit of said project for disposal Mr. ~UTHERLAND. That did not occur to me. A great as provided in the contract between the United States of America and the Salt River Valley Water Users' Association, approved September 6, many bills have been introduced in the past giving special power 1917: Provided, That no lease shall be made of such surplus power as to some department. · · will impair the efficiency of said project : Provided, however, That no Mr. STAFFORD. Here the Government has a building at imch contract shall be made without _the approval of the legally or­ ganized water users' association or irrigation district which bas con­ Non;ie, Alaska, which is no longer needed for the purpose of its tracted with the United States to repay the cost of said pro.ject: Pro­ original construction. The Bureau of Education thinks it vided further, That the charge for power may be readjusted at the end should have it for the use of the teachers as a dormitory. of 5, 10, or 20 year periods after the beginning of a.ny contract for the sale of power in n. mannei: to be described in the contract. . Mr. SUTHERLAND. If .the gentleman will let me interrupt him, the Bureau of Education now occupies an old ramshackle Mr. HAYDEN. Mr. Speaker, I offer the following amend- building that is a mere makeshift. ment. which I send to the desk. Mr. STAFFORD. But if there is other need for this buil<'.1:­ The Clerk read as follows : ing, or if the building could be utilized for additional activities Amendment offer('d by Mr. Hayden to the committee amendment: of the Government, or if it happens that the Department of the On page 3, line 5, strike out the word " lease " and in lieu thereo.f insert the word " contract,." and after the word " made " insert the Interior should have no further need for the building why words " for the sale." should not the President have authority to designate the use l\lr. HAYDEN. Mr. Speaker, I offer this amendment at the to which it may be put? suggestion of the Department of the Interior. An identical bill Mr. SUTHERLAND. Will the gentleman suggest an amend­ wa introduced in the Senate, and in reporting on that bill the ment? department recommended this amendment. Mr. JOHNSON of Washington. Mr. Speaker, I think the Mr. WALSH. Mr. Speaker, will the gentleman yield? suggestion of the gentleman from Wisconsin [Mr. STAFFORD] l\lr. HAYDEN. Yes. . . is a good one, inasmuch as it is not likely that there will be Mr. WALSH. Does not the gentleman think that the word other Government buildings in Nome in many years to "as," in line 5, page 3, should be stricken out, and the word come. But the control of the Federal building there must be " which " substituted? placed somewhere, and probably the best place is the Bureau ot l\Ir. HAYDEN. It is a matter of grammatical construction. Education. How would an amendment like this do? In line I copied the old law. The present law relating to the other 11, page 2, add the words " and for such other uses of the Gov­ projects reads "as." ernment as the President may direct." That would leave the l\.Ir. WALSH. The phraseology now looks as though that building under t~e control of this particular bureau, which is referred to the power. wen represented m Alaska, and yet leave the building for such l\1r. HAYDEN. I have no objection to the amendment. other uses as the President may direct. l\1r. WALSH. When these others are disposed of we can Mr. STAFFORD. I have these amendments to propose, but perhaps the gentleman's amendment will accomplish the pur­ take care of it. The SPEAKER. The question is on the amendment offered pose: by the gentleman from Arizona. For the use of the Department of the Interi<>r or such other dcpart­ The amendment was agreed to. ~~~;~1~~- the Government as the President may from time to time l\Ir. WALSH. Mr. Speaker, I offer an amendment. Page 3, The Attorney General is authorized. to transfer the custody of said line 5, strike out the word " as " and insert the word '' which." building to the Secretary of the Interior or to the head of any such other department as the President may from time to time determine The SPEAKER. The Clerk will report the amendment. shall have the use thereof. The Clerk read as follows: What is the gentleman's proposal? Amendment to the committee amendment:. Page 3, line 5~ strike out the word " as " and insert in lieu thereof the word " which. ' Mr. JOHNSON of Washington. It is a little simpler, I think. It leaves the control of the building under the Bureau of Edu­ The question was taken, and the amendment was agreed to. cation, which is a strong bureau in Alaska, and adds, after line The committee amendment as amended was agreed to. ll, these words, " and for such other uses of the Government The bill as amended was ordered to be engrossed and read as the President may direct." That is to say, the Bureau ot the third time, was read the third time, and passed. Education in the Department of the Interior would manage and The title was amended so as to read: "A bill authorizing the control and take care of the building, which will be used mainly sale of surplus power developed under the Salt River reclama­ as a school; but in case of an emergency, or anything of that tion project, Arizona." kind, the President could direct the use of it for any necessary On motion of Mr. HAYDEN, a motion to reconsider the vote governmental purpose. by which the bill was passed was laid on the table. Mr. STAFFORD. The gentleman is quite certain the Bureau TRANSFER OF DETENTION HOSPITAL BUILDING, NOME, ALASKA, o! Education will be in Alaska for some time to come? The next business in order on the Calendar for Unanimous Mr. JOHNSON of Washington. Yes. It is one of the most Con. ent was the bill (H. R. 9528) providing for the retention active bureaus there. It has its teachers, superintendents, and by the Government of the property in Nome, Alaska, known as agents there. Why should we not provide that in case of emer­ the detention hospital building, and its use by the Bureau of gency the Government may make other use of its public build­ Education, Department of the Interior. ings? The Clerk read the title of the bill. Mr. STAFFORD. That is why I wish to have authority The SPEAKER. Is there objection to the present considera­ vested in some one to utilize it to its full capacity. I with­ tion of this bill? draw the reservation. 1922. CONGRESSIONAL }{,ECORD-HOUSE. 8981

Mr. :MANN. '1Ir. Speaker, reserving 1:he right to object, I 'Mr. JOHNSON of Washington. l\Ir. Speaker, I offer an ot1ld like to make an inquiry as to wbethflr anybody can tell amendment. me what is the proYision in the act of July 1, 1916, which would The SPEJAKER. The gentleman from Washington offers nn authorize the sale of this building? amendment, which the Clerk will report: Mr. STAFFORD. I will say, supplementing the inquiry ·of The Clerk read as follows: the gentleman from lliinois, that I casually but rather. tho.r­ Amendment offered by Mr. JOHNSO~ of -Washington: Page 2, line 11, oughly examined that act and could not find the authority m after the word " Interior," strike out the period, insert ,a comma, .and add. " and fur such other uses of the Government as the 'President may the act authorizing the sale. direct." . Mr. MANN. I read the act, and I co11ld not find anything in The SPEAKER. The question is on agreeing to the amend­ it authorizing the sale. But I assumed I IDight. have.nee~ mis­ ment. taken, and then, thinking of the .hisoory o~ this legislation, I assumed further that when a bill like this came bef.ore . the · The question was taken, and the amendment was agreed to. House -some one would have accurate information. Here is a Mr. CR.AMTON. lli. Speaker, when this bill was last called case where the Department of Justice -recommended to Congress to the attention of the House I objected to its consideration owing to a lack of information as to how much it would cost to that it mike· an appropriation for _the construction of ~ ~s­ J>ital for the insane in AhIBka. We .made the appropr..ita1on. put the building in condition for use, having some fear ·as to what the effect 1Ilight have been upon a building in Alaska that They consfructed the hospital. They told us when we m~de the ori!tinal recommendation that it -was absolutely essential, bas been left unoccupied for 12 or 13 -years. Since that time and in fue intere t of humane treatment of the insane, that this information has eome from the Alaska division of the Bureau bo pital be authorized and erected. After. it was erected it of Education, through Dr. W. T. Lopp, its chief, giving that in­ never housed a single insane person, unless 1t was the Govern­ formation. And I will a k to have it read by the Clerk. By ment inspeetor who made the original request. reason of that information I '\Vithdraw any objection I had to Mr. JOHNSON of Washington. The Department of Justice tbe bill. had no reason to ..suspect that the population of Nome, Alaska, The SPEAKER. Without objection, the Clerk will read the would dwindle between 1913 and 1922, or rather between '.1.913 letter. and 1916 fully one-half-perhaps even three-fourths. The Cle1·k read as follows: DEP.ARTMENT OF THE INTERIOR, Mr. STAFFORD. Notwithstanding the building of a Govern­ BIT.EAU OF EDGCATION, A.LASK.A. .DIVISION, ment railroad up there. Seattle, 'Wash., Ju.ne 7, 1922. Mr. JOHNSON of Washington. The railroad does not run Mr. L. A. KALBACH, within a thousand miles of ·Nome. WasMti,gton, D. a. DE.~R MR. KALBACH : Replying to rour telegram regarding co t of Mr. MANN. We have not any reason fur expecting now that refitting Nome Detention Hospital building and the inadequacy of the the Bureau of Education will need this building. But here was .pre ent quarter.st I beg to submit the following; a ca. e where, after we had authorized a hospital and constructed· The hospital is said to be one of the best constructed buildings in Nome. It is one of the few buildings which does not heave and settle it, they would not go to the expense of operating it; said .it was during the winter and pring months. It has not been used .since it ridiculous to have a hospital there. was bunt. It was equipped with bot-water heat. T-he flooding of the Mr. JOHNSON of Washington. That is the Government way cf'llar during the spring thaws has rusted the furnace in the _small basement. If a new furnace is purchased for the basement, or one or of doing everything in Ala.ska. two Arcola water beaters for the first ,floor, I estimate the cost at $600. Mr. 11.IA.l'l'N. That is what I say, and when I ask for informa­ The other expenses for -alterations and repairs .should not exceed .$400, tion about this particular bill, nobody knows. making a total of $1.000. It flues are built an1l stoves used for heating purposes, I estimate the entire cost, includ~g altei;ations, would be Mr. JOHNSON of Washington. That is becauseJt is Alaska. approximately $50Q. l\fr. .MA.1.'l'N. It is not because it is Alaska. This was .re­ 0111' old quarters are in the old courthouse bullding, which was ported by a committee of the House, not co.mpo ed of Members eNCted .about 1900, during the boom days of Nome, when buildings were put up without any adequate "foundations. It was poorly con­ from .Alaska, although .I have no desire to criticize the com­ structed, and bas heaved and settled o many times that there is not mittee. Of course, the bill was drawn by the department. We a · I~ve-1 ll.oor in the building. Because o:f its fanlty construetion .and have gotten in the habit-and maybe it is a good ~me-of pass­ its shapeless condition it is difficult to beat. Superinte11.dent Dupertuis has recommended that if we can n9t secure the detention ho pital, the ing upon the recommendations of the department;s .and allowing' old building be torn down and r built. He -estimates Umt it will cost them, and then they change their mind and do n9t give us ve1·y approximately $3,000. He is of the opinion that it is not practica.bl(' to good reasons for the change. attempt to repair the old building for living quarters for the superin- tendent and teaehers. · Mr. JOHNSON' of Washington. 1Ve have the habit, all · ·Very sincerely yours, W. T. LOPP, right, but we ba¥e •notner•re .to .enact a law giving the Governor OMflf of Alaska '.Division. of Alaska the power to act Jn ju.st such matters as this, which l\lr. CRAMTON. -:.\Ir. Speaker, I would only like to add that we should do. upon inquiry I have made to-day of the Bureau of Education Mr. MANN. I do not know why we should let the Governor I am advised that it is not expected that funds will be ex­ of Alaska have control oYer our property up there. pended for thjs purpo e otber than as stated, for the repaiT of l\fr. 5,000 JOHNSON of ;washington. It is miles away, and buildings. They do not expect to ~pend funds for furnitUTe, Congre is not .familiar with the conditions there. but will ui e th~ furniture that is already there. . Mr. MANN. I do not lmow whether we have a -good governor; Mr. MA.l~. Mr. Speaker, I move to amend, on page 2, after up there or not, but there have been :some governors up there the word " sold,'' in line 5, by striking out all down to and sjnce I have been here that I would not trust with such things. including the word " acts " in line 9 . .Mr. JOHNSON of Washington. Mr. Speaker, 1 offer .an The SPEAKER. Th-e gentleman from Illinois offers an Bmendment. amendment, which the Clerk will repart. 'l'be SPEAKER. Is there objection to the 1ll'esent co.nsidera­ The Clerk read as .follows : tion of the bill? [.After a pause.] The Chair bears none. The will bill. Amendment offered by Mr. MAN~: Page 2, line 5, after the word Clerk report the •• old," Etrlke out all down -to and including the word .u .acts ,, in The Clerk read as follows: Une 9. A bill (H. R. 9528) pr-0rldi11g-foT the ret.ention by ·the Government of l\Ir. ~.LU\"N. Leaving it so that the building shall not be the property in Nome, Alaska, known as the Detention Hospital Build­ ing, and its use by tbe .Bureau of ,Education, Department of the sold but retained by the Government. The language of the Interior. bill refers to a certain act, and· contains the words "or other B e it enacted, etc., ~hat the property commonly known as the De­ like acts." This means nothing to us. We have not been able tention Hospital Building, beb1g 1irltuated on !lot 'Consisting of J.ot ':66, to find any provision in the act referred to. This d0€s not m block 30, in the town of Nome, Territory.o Alaska, .according to the .c>ftkial plat thereof, and the easter~y 65 feet oi Second Avenue west change the effect of the bill . in said iown of Nome, Territoi"y of .Alaska, vacated by .said town ox:1 1 The SPEAKER. The 1que ti.on is on agreeing to the amend­ Nome a11d donated by said town of Nome to th~ Department of Justice ment. im the 25tb _day of .August, 191.3, lly ordinance No. 232, ,and a p-orti

Mr. STAFFORD. l\lr. Speaker, reserving the right to object, The title of the bill was read. I wi ·h to inquire, as the report is very wanting in fact.ll, as to The SPEAKER. Is there objection to the present con idera­ whether this lake is in any wise connected with any navigable tion of this bill? stream o•er which the Go•ernment has extended any develop­ Mr. STAFFORD. Mr. Speaker, reserving the right to object. ment? I do not know whether I would have objection to the substitute Mr. WINSLOW. l\Ir. Speaker, in the absence of Mr. JoHNso~, amendment to section 1, even though it does not carry out the of the committee in whose hands this bill was left for pres­ recommendation of the department, but I ha\e serious objection entation, I take the liberty of referring to the gentleman from to constituting a new forest reserve outside the present existing :Mississippi [l\Ir. HuMPHBEYs], the author of the bill. boundaries. As I read the report, in that exterior tract of land l\lr. HUMPHREYS. l\fr. Speaker, Tchula :bake is about 50 there are 130,517 acres included, all except 13,200 of which ar~ miles long. It is connected at both ends of the lake with the embraced in full or imperfect entry. What is the need of our Yazoo Rh·er. In years gone by there was very considerable adopting a policy, as is proposed in this bill and the three .. uc­ commerce carr~ed on the lake, but in the past 10 years, perhaps, ceeding bills, introduced by the gentleman from California [Mr. it bas been unused, and there has been no money spent on it in RAKER], of enlarging these forest reserves by adding privately those years. It is filled up with logs and other material, so owned land to the extent of hundreds of thousands ·of acres and that now, as a matter of fact, it is nonnavigable. having the Government buy those lands from the proceeds of Under the river and harbor act of 1899 we provided that in the sale of the timber on existing forest re erves or by the ex­ the case of navigable streams lying wholly within one State change of. other lands on this forest reserve? the legislature of a State might authorize the construction of Mr. RAKER. In the act of 20, 1922, there was in­ dams, bridges, and so forth, across the streams, provided that cluded section 1 of this bill, and if we are permitted to consider the plans, and so forth, were approved by the engineer officers it I will ask to have section 1 eliminated. Section 2 is intended of the Army and the Secretary of War. This last spring the to cover the provisions of the act of June 25, 1910, and of August Legislature of Mississippi passed an act authorizing the con­ 24, 1912, which contain this provision : struction of a bridge without any remo•able span across this Ana p1·oi;ided further, That hereafter no forest reserve shall be lake, at about its central portion. That was referred to the created, nor ~h a ll any additions be mnde to the ones heretofore created. within the limits of the States of California, Montana, Colorado, or War Department and approved by the War Department, and Wyoming, except by act of Congress. . the bridge was constructed, so that now it would be impossible to navigate the stream because the bridge is right across the That brings up the question of adding land to the national center of it. forests. If consideration is gi•en, I shall ask to amend the Mr. STAFFORD. What is the character of the country about bill by striking 6ut, on page 3, line 20, the words " this act " anrl. this lake? Was it formerly timbered country or agricultural? inserting in lieu thereof " the act entitled 'An act to consoli­ Mr. HUMPHREYS. It is agricultural. The only purpose of date forest lands,' approved March 20, 1922," and also insertin~ this bill is to enable the supervisors of that county to put other the words "with the approval of the Secretary of the Interior.'' bridges across it without having to go to the War Department Then this land is included within the national forest named if and have the plans approved. it protects the stream flow and conserves the forests in that l\1r. MILLER. l\Ir. Speaker, will the gentleman yield? country. - Mr. HUMPHREYS. Yes. Mr. STAFFORD. If the gentleman will permit, the gentle­ l\lr. MILLER. Is there any navigation? man has far better acquaintance with the creation of national l\1r. HUMPHREYS. None whatever. forest reserves under prior administrations to conserve the for­ Mr. MILLER. What is the depth of water? · e ts of the country than I have, by reason of his coming from Mr. HUMrHREYS. May be a foot or so. It is filled up with a western timbered State; but I question whether at any time logs, and it is nonnavigable even without this bridge. Now, when the Executive has brought into the boundaries of forest. there are three or four other bridges across it, and the county reserves large areas of land that there was ever included such has been for a number of years put to the expense of hiring a a large proportion of privately owned lands as is the propor­ man to stay by that bridge to open the span of th~ bridge when tion in the e various tracts. I will state that in the bill under boats come up. That span has not been opened for 8 or 10 consideratio~ and likewise in the three succeeding bills one­ years. tenth only of the land that is sought to be included in a fore t l\lr. STAFFORD. - There would be no danger as long as the reserve is Government land and nine-tenths is in private own­ gentleman represents the district in which this lake is situated ership. The land has been stripped of timber ancl now it is that the demand will be made, as has sometimes been done in proposed to have the National Government purchase the lane had anywhere CALIF. in the world. The next business on the Calendar for Unanimous Consent Mr. SINNOTT. The Forest Service has placed a very small was the bill (H. R. 8263) to proYide for the consolidation of valuation on the cut-over land, which is potential forest land forest lands in the Eldorado National Forest, Calif., and for and may be reforested, and which is all contiguous to a national other purposes. forest. They give an equivalent value in timber. 1922. • COZGRESSIONAL RE00RD-· HOUSE. 8983

Mr. STAFFORD. Oh, the Government purchases the land · Mr. WALSH. This bill' is practically identical with the fiTst which has no salable value now. bill on the calendar. I think it ought to go off the calendar. I Mr. RAKER. Oh, yes, it has. object Mi'. STAFFORD. The Government is purchasing large tracts The SPEAKER. The gentleman from Massachusetts objects. of land outside of forest reserves held in private ownership. Mr. RAKER. Mr. Speaker, I ask unanimous consent that the Mr. RAKER. They do not have to- tak.e them. four national forest billg just objected to remain on the calen­ Mr. STAFFORD. The gentleman says the Government does dar and go to the foot thereof until the next time. not have to take the land. At one time gentlemen complain Mr: STAFFORD. These bills were given consider·ation on a that-there is too much land in forest reserves, and the next time, former' occasion, and f I do- not' think they ought to be con­ when it is of no value at all to the Govermnent, they are ask­ tinued on the Unanimous Consent Calendar. ing the Government to take it all in. The SPIDAKER. The gentleman from Wisconsin objects. Mr. sr:NNOTT. Although the exchange act was passed sev­ The Clerk will report the next bill. eral years ago, there is one forest reserve in my State where there .has not been an acre of land exchanged, because the land­ RELIGIOUS OOBPORA.TIONS IN THE DISTRICT OF COLUMBIA. owners think that the Forest Service is exacting to0chigh a price The next business on the Calendar for Unanimous Consent in the equivalent. was the bill (S. 2682) to amend the act entitled "An act to es­ Mr: STAFFORD. When the landowner thinks he has a good tablish a code- of law for the District of Columbia, approTed proposition he will hold on to it, but when he has not a good March 3, 1901," and the acts amendatory thereof and supple­ proposition he will sell the land to the Government because he mentary thereto. can not find any other purchaser. The· SPEAKER. Is there objection? lli. SINNOTT. The officials o:f the Forest Service have the Mr. MANN. Reserving the right to object, I would like to upper hand in these matters. They are absolutely independent. know what this bill is about. The private landowner is compelled to pay taxes on his land Mr. VOLSTEAD. This simply adds the wo.rd "directors" from year to year, and the Forest Service has the advantage in after the word" trustees," in a large number of sections of the the trade. District Code, having reference to the incorporation of re­ Mr. STAFFORD. If the Government purchases the land and ligious s-ocieties-. In some instances the religious- societies have gives them timber in lieu thereof, the land taken into the na­ directors instead of trustees., and to make it possible under the tional forest does not pay any taxes. statute they ask that the word "directors-" may be added after Mr. SINNOTT. The Forest Service takes all that into con­ the word "trustees" in those statutes. sideration. The SPEAKER. Is there objection? Mr. STAFFORD. Mr. Speaker, I object. There was no objection. The SPEAKER. The gentleman from Wisconsin objects. The Clerk read the bill as follows: The Clerk will report the next bill. Be tt enacted, etc., That the act. to establish a code of law for the District of Columbia, approved March 3, 1901, and the acts amenda­ PLUMAS NA.TIO~AL FOREST, CALIF. to.ry thereof and supplementarY' thereto, constituting the Cade of Law The next business on the Calendar for Unanimous Consent for the District of Columbia, be, and. the same are hereby, amended as follows : By inserting the words " or directors " after the word " trus­ was the bill (Hr R. 5003) to provide for the consolidation of tees " wherever ihe word " trustees " occurs in sections 58i, 590, 591, forest lands in the Plumas National Fore.st, Calif., and for 592, 593, 594, 595, and 596. other purposes. • The bill was- ordered to be read a': third timey was read the The Clerk read the title of the bill. third time, and passed. The SPEAKER. Is there objection? Mr. STAFFORD. Mr. Speaker, for the same reason r. ob­ AMENDING SECTION 24, JUDICIAL CODE, ject to this bill. The next business on the Calendar for Unanimous Consent The SPEAKER. The gentleman from Wisconsin objects. was the bill (H. R. 11516) to amend section 24 of the Judicial The Clerk will report the next bill. Code. SHASTA NATIONAL FOREST, OALIF. The SPEAKER. Is there objection? The n1:lxt business on the Cal~ndar tor Unanimous Consent Mr. MONDELL. Mr. Speaker, this' is rather an important was the bill (H. R. 5004) to provide for the consolidation measure, and I doubt if we would have time to intelligently tJf. forest lands in the Shasta National Forest, Calif., and for consider it at this time. r ask unanimous consent that it may other purposes. be passed without prejudice. · The Clerk read the title of the bill Mr. STAFFORD. I object; I think it is too important a bill The SPEAKER. Is there objection- to the present consider­ to be considered on the Unanimous Consent Calendar: ation of this bill? The SPEAKER. The gentleman from Wisconsin objects to Mr. RAKER. Will the gentleman from Wisconsin allow me the consideration. just a moment? TO AMEND SECTIO 100 OF THE JUDICIAL CODE OF THE UNITED STATES. Mr. STAFFORD. I reserve the right to object. Mr. RAKER. Within the past two months we have passed The next bill on the Calendar for Unanimous Consent was not less than. six bills just like this, pr.oviding for the taking the bill (H. R .. 10817) to amend section 100 of the Judicial Code in of lands within 6 miles of the exterior boundaries of of the United States. national forests, and there was no objection. The SPEAKER. Is there objection? · :Mr. STAFFORD. I do not tliink any of those bills pro­ Mr. STAFFORD. Reserving the right to object, in reading vided for the taking in of so little Government land and so the report I notice that the favorable recommendation of the much privately owned. land as these bill& under _consideration bill ls contingent on an additional judge being granted to the to-clay. For instance:, section 2 ot the pending bill provides northern district of Ohio. The judgeship bill is sleeping some­ for taking in 515,830 acres, and of that amount- only 13,710 where, I do not know whether in the morgue or the catacombs acres are to-day owned by the> Government.. I object. of the two Houses in conference. No additional judge has so The SPEAKER. Objection is made. The Clerk will re­ far been provided. I think the bill ought to go over. until the port the next bill. additional judge is provided, as a favorable recommendation is TAHOE NATIONAL FOREST, CALI11'. contingent on that fact. Mr. CABLE. I understand the bill is nof sleeping, but is The next business on the Calendar for- Unanimous Consent wide-awake and liable to be agreed to any time. .was the bill (H. R. 6651) to provide. for the consolidation Mr. STAFFORD. How long since it got out ot the comatose of forest lands in tbe Tah-0e National Forest~ Calif., and for condition? It has been in conference a month or more. otber purposes. Mr. CABLE. I can not tell the exact time, of course; but The Clerk read the title of the bill. my impression is that it is· wide-awake. I wish the gentleman The SPEAKER. Is there objection? would not object, because there will be no chance to bring it up Mr. STAFFORD. I object. again until Decemi>er: The SPEAKER. Objection is made.. The Clerk will report Mr. MANN. The committee does not ask to have the bill tbei next bill. passed now; It says, "We recommend the bill as amended do SECTIONS 51549 A.ND 15550, REVISED STATUTES. vass, provided the present bill before Congress authorizing an The next busin·esS' on We Calendar for Unanimous Consent additional judge for the northern district of Ohio becomes a as the bill ( H. R. 2381) to amend sections 5549 and 5550 of ~· . the ReV'ised Stntlltes of the United States. Mr. CABLE. I took it up with the chairman of the subcom.. The SPEAKER. Is there obje'~tion to tl:ie present consider­ mittee·that has charge-of the bill and he bas· no objection to its atl n of the bill 1 being considered now. • 8984 CONGRESSIONAL RECORD- HOUSE. JUNE 19,

. · Mr. MANN. But the recommendation is that the bill be· Mr. STAFFORD. I am asking for information, whether it passed in case another bill is passed. That other bill has not is or not. The phraseology is limited in its aIJ'.plication, tating been passed. briefly the nature of his alleged cause of action or appeal. l\lr. CABLE. If the House should pass the bill now I would Mr. VOLSTEAD. Does not the cau e of action include every­ not crom.l it in the Senate. thing? l\fr. MANN. But the gentleman has nothing to do with it in Mr. STAFFORD. I question whether it does. It does 'not the Senate, unfortunately for the Senate. include a defense. A cause of action i · not a defense. Mr. MONDELL. Let me say that there will be another op­ Mr. VOLSTEAD. I think this would be construed to include portunity for considering the Unanimous Consent Calendar be­ whatever causes existed against a person. It is the cause of fore December. action pending that is referred to. ·l\Ir. CABLE. The next unanimous-consent day is July 3, and Mr. STAFFORD. Of cour e, appeal would extend to both then we \Vill not have another one until after the middle of the defendant and the plaintiff. I can not see where it would July . do any harm to include the word " defense." . l\fr. MONDELL. I have no doubt but what the Unanimous Mr. l\fAl.~. Is it advisable to change the law where it is Consent Ca1endar will be considered again before December. well considered and con trued? fr. CABLE. I hope it will. Mr. STAFFORD. As I read the report, I do not understand Mr. STAFFORD. Mr. Speaker, I ask unanimous consent that that the prior portion of the bill is reenacting exi ting law. the bill be passed without prejudice. The report does not in any way show what the exi ting law is. The SPEAh.~R. The gentleman from Wisconsin asks unani­ I did not have time to examine Thirty-sixth Statute , because mous consent that the bill be passed without prejudice. Is there the report refers to several acts, not onlr to one. objection? l\1r. VOLSTEAD. I think if the gentleman will read the let­ There was no objection. ter attached to the report he will see that it i · there. Mr. STAFFORD. What harm could be done by adding the SUIT BY PERSONS WITHOUT ME.ANS. word " defense " after the word " action "? The next business on the Calendar for Unanimous Consent Mr. l\IANN. If it ha all been passed upon and considered was the bill ( S. 426) to amend an act entitled "An act to amend it is not advisable to add anything that is not nece ·sary. section 1, chapter 209, of the United States Statutes at Large, Mr. STAFFORD. I want to be sure that it is existing law. volume 27, entitled 'An act providing when plaintiff may sue Mr. VOLSTEAD. There i no doubt about that. as a poor person and when counsel shall be assigned by the Mr. l\fOOHE of Virginia. The exi ting law eems to be set court,' and to provide for the prosecution of writs of error and forth in the report, taken from the report submitted in the appeals in forma pauper:is, and for other purposes," approved Senate. June 25, 1910 (36 Stat., p. 866). Mr. STAFFORD. Will the gentleman point out where the The SPEAKER. Is there objection? existing law is in the report? Mr. STAFFORD. Mr. Speaker, reserving the right to object, l\Ir. VOLSTEAD. In tlle fir ·t letter addres ·ed to Senator I think we ought to have some explanation from the distin­ NELSON. The gentleman will see there what the Attorney Gen­ guished gentleman from Minnesota. The bill makes provision eral asked to have done. for paupe.r litigants. Mr. STAFFORD. The gentleman from Virginia directs atten­ Mr. VOLSTEAD. If the gentleman will read the last proviso tion to the statement in the report at the bottom of page 2, in in the bill, he will see what the new legislation is. It is as which reference is made to Twenty-seventh Statutes, page 252, follows: passed July 20, 1892. That law has been amended, as I under­ Provided, That in an:y criminal case the court may, upon the filing stand. I think it was amended by the act of February 13. in said court of the atfidavit bereinbefore mentioned, direct that the 1911-yes; Thirty-sixth Statutes, page 901. It contain.· e." the same is hereby , amended so as to read as follows: Let me read from the bill as it is: "That any citizen of the United States entitled to commence any * • * upon filing in said court a statement under oath, in iouit or action, civil or criminal, in any court of the United States: writing. that because of his poverty he is unable to pay the costs of may, upon the order of the court, commence and prosecute or defena said suit or action or of such writ of error or appeal, or to give secur­ to conclusion any suit or action, or a writ of error or an app al to the ity f or the sa me, and tbat be believes that he is entitled to the redress circuit court of appeals, or to the Supreme Court in such snit or h e Reeks in such sult or action or writ of error or appeal, and setting action, including all appellate proceedings, unless the trial court shall forth briefly the nature of his alleged cause of action or appeal. certify in writing that in the opinion of the court such appeal or writ of error is not taken in good faith, without being required to prepay '\."by shou1d it not also apply to the purpose of defense? fees or costs or for the printing of the record in the appellate court The object of the bill is to extend these priYileges to defend­ or give security therefor, before or after bringing !'!Ult or action, or upon suing out a writ of error or appealing, upon filing in said court ants. not alone to 11laintiffs. The real purpose is to-extend its a statement under oath in writing, that because of his poverty he is protection to defendants in criminal cases, and in the phrase­ unable to pay the costs of said suit or action or of such writ of error ology to w11ich I have referred you are induding only the plain­ or appeal, or to give security for the s:ime, and that be believes that he is entitled to the redress be seeks in such suit or action or writ of tiffs. error or appeal, and setting forth briefly the nature of his alleged 1r. l\fANN. That is existing law, and it is universally ap- Cllnse of action, or appeal: Provided. That in any criminal case tbe plied to defendnnts. court may, upon the filing in said court of the affidavit hereinbefore 1922. CONGRESSIONAL RECORD-HOUSE. 8985

mentioned, direct that the expense of printing the record on appeal ent proposition. This is a scientific organization in the ab­ or writ or error be paid by the United 8tates, and the same shall be paicl when authorized !Jy the Attorney General." stract, and this is the only country in the world that doe· not The SPEAKER pro tempore. On page 2, line 25, the second encourage with direct appropriations such organizations. This worrate the American Mathe­ will not object. I am as much opposed as he is to the incorpo­ matical Society. ration of societies by the Congress that have a money basis or The SPEAKER pro tempore. Is there objection to the pres~ to protect a cle1·k or an auditor, but this is entirely different. ent consideration of the bill? It is a scientific organization-- Mr. STAFFORD. l\Ir. Speaker, reserving the right to object, Mr. STAFFORD. It has been suggested by another Member I have read the bill rather carefully and have considered it that there ought to be some qualifying language so as to pro­ for some time. If we are going to undertake the policy of hibit this report from being printed at the Government's ex­ incorporating every scientific society, voluntary or otherwise, pense and that it should not be entitled to the franking privi­ that exists in this country, I think it would be better to have lege. I suppose the gentleman has no desire to have this re­ some national statute passed than to present from time to time port circulated under the franking privilege, or that it shall be special bills authorizing the incorporation of certain designated printed at the Government's expense? persons. We have here a bill to authorize the incorporation of l\fr. CURRY. · The Government ought not to be called upon the American Mathematical Society. Then there is the American to pay in any way for the printing of the report and the organi­ Automotive Society, and, I suppose, the American Chemical zation ought not to have the franking privilege. Society. We have in a few instances authorized certain men Mr. MANN. l\lr. Speaker, I have no objection to the con­ to incorporate themselves under a national charter. Some sideration of the bill and I favor it, but I suggest I do not of those bills have been severely contested. I remember par­ know just how the organization would make a report to Con­ ticularly the bill for the incorporation of the National Academy gress by filing it with the librarian? of Arts and Letters, a bill that was pending here for years. Mr. CURRY. If the gentleman hag any amendment to offer Why should these gentlemen, who, I believe, are operating I would be glad to accept it. under some State statute, come here and preempt the name and Mr. MANN. I was going to suggest with humility that you have Congress, not only for this year but for the next hundred strike out the word " Congress" and provide that they shall years and many thereafter, give them the exclusive privilege of make an annual report to be filed with the Librarian of Con­ this name. which I suppose has some value, of the American gress. MaUiematical Society? Mr. CURRY. I will accept that. Mr. CURRY. Shall I answer? Mr. MANN. That would not be printed as a public docu­ Mr. STAFFORD. I addressed my inquiry to the author of ment unless we ordered it printed. the bill. Mr. STAFFORD. The gentleman proposes to have the re­ Mr. CURRY. The American Mathematical Society is a port fi1ed with the Iibralian and not with the Congress? voluntary organization of the greatest mathematicians in the Mr. MAJ'>.i"'N. Yes. provided they make an annual report, fo world. American mathematicians lead the world. The organi- be filed with the Librarian of Congress. . zation is not incorporated in any State ; it is a volunteer asso­ Mr. CURRY. That would not be a public document and ciation. The members are confined mostly to the professors would not be entitled to the franking privilege and would not of mathematics in universities and to scientists outside of be printed as an expense to the Government. I will accept that. aniversities. Mathematics is the basis of all exact sciences. Mr. STAFFORD. Although I am not in sympathy with the These gentlemen have done great good for the country. Dur­ policy of having national incorporations to certain designated ing the war they volunteered their services to the Army and persons handed out from time to time, I will not press the Navy without pay. objection. Mr. MONDELL. All of them? Mr. HUDDLESTON. Mr. Speaker, reserving the right to Mr. CURRY. Every orie of them. They number at the object, for the same reasons assigned by the gentleman from present time about 1,100. They have a meeting once or twice Wisconsin I am opposed to all this character of bills, and I or three times a year in certain parts of the country; one should express my opposition by voting against it-- or two in San Francisco, two or three in the South and Mr. CURRY. I hope the gentleman will not object. Middle West, two or three in New York, and one in Chicago. Mr. HUDDLESTON. But the gentleman gives me no way At the last local meetings this incorporation was requested by of voting against this bill except by objection, so I am com­ the e scientists. They have an annual meeting-in New York-- pelled to vote against it and all this kind of legislation. l\1r. STAFFORD. For what purpose, will the gentleman Mr. MANN. There is quite a distinction here and in the state? past between a bill incorporating a national incorporation, to 1\lr. CURRY. Where the recommendations were favorably which I have been generally opposed, and a bill incorporating acted upon. The council of the society at its last meeting in a corporation as a District of Columbia incorporation. These New York selected the names of the scientists named in the bill people, if they were residents of the District of Columbia, could as incorporators of this society and requested through Doctor incorporate in the District of Columbia as a District of Colum­ Blis ', of the University of Chicago, and Doctor Hodgkins, presi­ bia corporation without any act. But the incorporation law dent of George Washington University, that this incorporation here requires the majority of the incorporators shall be resi­ be requested, and at their request I introduced this bill. Mathe­ dents of the District of Columbia or they can not incorporate matics does not mean the auditing of books or bookkeeping-- as a District of Columbia corporation. Now, practically all 1\fr. STAFFORD. I think there are very few Members in the this does is to waive the requirement that the majority of the· House who would apply that idea to the term. incorporators shall be residents of the District of Columbia, Mr. CURRY. The gentleman from Wisconsin made reference and this bill provides that it shall be declared to be a body to a certain clerks' organization that possibly might lead some corporate of the District of Columbia. one who does not know what this bill is to think it was simply Mr. HUDDLESTON. I am opposed to incorporations by a bookkeepers' organization. . act of Congress. I think such legislation is bad in principle, l\fr. STAFFORD. If the gentleman understood me that way and I have never voted for such a bill since I have been here. he misunderstood me. I referred to the fact that if we in­ I do not think these men ought to seek to have the prestige of corporated these men as the American Mathematical Society the Government behind their enterprises. I would object to there may be other scientists, like American automotive engi­ incorporating any kind of a society over which the Federal neers and-- Government did not retain complete control and in which the Mr. CURRY. Automotive engineers is a business proposition incorporators were named as persons. pure and simple. This is a scientific proposition entirely sepa­ I have not examined this particular bill. I do not feel any rate from automobile engineers. If an automobile engineer particular interest in it. We have had a number of these bills, was a great sdentist and mathematician he could probably be­ and always the effort is by men, not always with world reputa­ come a member of this organization. This is an entirely differ- tions, to embalm themselves in acts of Congress: I do not in-

/ 8986 CONGRESSIONAL RECORD-HOUSE. JUNE 19,

tend to vote for any such legislation~ If the advocates of the ered by the Agricultural Department 11nd 1.he Post Offic Depart­ bill would put it forward in the regular way in the House, ment and they say tbey ru·e ready at any time to furnish this gi-ving Members a chance to v0te on it, I would content myself information~ with voting against it. Mr. \VALSH. Why w. find out? Mr. HUDDLESTON. However, I could not e cape my re­ Mr. BRAND. That is what I wa.nt them to do. Here i the sponsibility in that way. The gentleman. is too experienced a situation, if the gentleman from Massachu.. .:::ert, ... will allow m to legislator to urge that. I am compelled to object. quote f-rom this letter from Mr. Wheeler, of the United Rb1tes l\Ir. CURRY. Mr. Speaker, I ask IDUini:mous consent that Department of Agriculture. the bill be passed on the calendar without prejudice. Mr. ~"\'N. Oh, wen, of course, he ls in favor of it. Mr. HUDDLESTON. I object~ Mr. Speaker. Mr. BRAND. I do not know whether he will be in favor The SPEAKER pro tempore. Objection is beard, and the of it, but I want to how rou the situation. if you will be kind bill is stricken from the calendar. enough to allow me to do so. He says: MARKET REPOJ?TS BY RAD!OPHONE. The news item ref"t'red to merrtioned the propm::ed new ~crvice from the two Mgh-powered Navy radio stations at Arlington and the Great The next business in 01'de1· on the Calendar for Unanimous Lakes. I am inclo ing h~rewith tentative . chedules that hav bet>n l'roposed for these two stations. Yoll will note that these cover mo~t Consent was House Resolution No. 357, directing the United of the agricultural commodities. excrpt cotton; we expect to furni!'lh States Department of Agriculture and the Po'St Office ~part­ cotton-market information to the Navy station at New Orfoans, whi<'h ment to in"V"estigate the feasibility of furnishing market prices can broadca.o't it by radio te-legTaph over the entire South, covering of cotton, corn, wheat, live st()('k, and dairy products by radio­ practically all of the cotton-producing region. Any receiving sta Uon wlthln approximately a. thousand-mile range of any of these three bi~h­ phone to- the farmers. poWf'red station can. with uitable equjpment, intercept theral con.teren:ce ther has developed an Mr. McLAUGHLIN of Michigan. Will the gentleman yield 1 interdepartmental committee which is considering all ma.tters pertain­ Mr. WALSH. Yes. ing to radio for Government uses. Mr. McLAUGHLil""f of l\Iichigan. I see the chairman of the Athens is the seat of learning in the State, where not only Committee on Agriculture here. He can explain the resolution. the University of Georgia is located but also the State Agricul­ Mr. WALSH. Why. are yon picking out the growers and tural College, for which reason I want t get the State of producers for having this information 'l If we a.re gQing to use Georgia to locate the radio station for the State in A then . if the o-verhead service in the country, 1 suppose it will be attuned possible. so that only the growers and prooncers can catch tbe news as ~fr. ~~. How is the Post Office Department able to gi e it goes floating through the ether. these people information without going to some trouble to flnd • · M.r. HAUGEN. I think the report will be for general infor­ out? mation, and, if the gentleman desires, the eommittee would .!\Ir. HAUGE....""{. May I read from a letter of PClstmaster :ten­ ha.ve no objectio11 to including consumers. 1 take it that what­ e.ral Work one paragraph, as follows: ever information is given out should be for the purpose o-f I desire to <'3.ll your attention to the fact that the Port Offi.e DC'­ everybody. partment has been handling all agrieultural market. crop, and wen.thn Mr. WALSH. If we develop this S<::ienee for tbese two de­ reports for the Department o1 Agriculture since April 15, 1921, an is broadcasting these reports from eight of the· various postal radio 1:t - partments-- tiOns covering an area of more than half of the United Stat s. Mr. HAUGEN. I might say it is D(}W being done by the Post So the work is going on. Office Department. It has been suggested that certain investi­ gations be made without expense. :\Ir . .MA.1'.TN. The work is going on without any autbority of Mr. WALSH. What authority is the.re for expenditure of Jaw, but here is the proposition: You want to get the Agrk 11 - money for this? tnral Department and the Post Office-Department to report what Mr. HAUGEN. The bill carries no al)propriation. it will cost somebody else to d-0- something. The Po t Offke it. Mr. WALSH. For the wru::k: that is already being done, Department does not know anything. about under what authority of law is the Post Office Dep rtment Mr. BR.AND. They are already handling it. Doctor Work doing it? says-- Mr. MA....."\'N. If they already know what it will cost the Mr. HAUGEN. I would ha.Y'e to examine the Post Office bill in orde-r to answer that. Possibly the chairman of the Com­ State of Alabama:- to put u])- a receiving station, let them tell the State. But they do not know; I a...c;;sume that they do not mittee on the Post Office and Post Roads can explain it. know . .Ur. BRA.J\1D. Will the gentleman yield to me a minute? ::\Ir. WAL.SH. Yes. :Mr. BRA2'!-0. Does the gentleman objeet to the farmer~ at their own expe-nse giving this information to the people? Mr. MANN. ~fay I make this inqmry? What authority has Mr. MANN. ~obody objected to that. Nobody would think the House-that is, merely the House-to authorize expendi­ I would be so unreasonable as to do that. ture of money for the Post Otlic-e Department or to require the .Mr. BR.ANTI. Your attitude would mean that. Post Office Department o.r the Agricliltm:al Department to do things by a mere resolution of the House? Mr. MANN. The gentleman stated that the Agricultural D - Mr. BR.Al\TD. This resolution does not call for the expendi- partment or the Post Office Department could furnish this in­ formation expense. If they haYe the hy • ture. of a single cent on the part of the Government. It only without information, requires the Department of Agriculture and the Post Office De­ do they not furnish it? But you could not authorize any partment to inyestigate the feasibility of furnishing these expense by a simple reso:tntfon of the House anyway. Mr. BRAND. Th.ere would be no e~nse to it. r-adio reports to farmers and requiring them to state what it ::Ur. WALSH. Well, Mr. Speaker, I object. will cost the farmers to take advantage of these reports. There The beard. will not a dollar of expense involved to the Government. This SPEAKER. Objection is Tbe Clerk report is the next bill. :was passed unanimously by the Committee on Agriculture. I first introduced the bill and eon.fitl.ed it to cotton only, because BRIDGE ACROSS POKEGAMA LA.KE, M~~. I heard that the North and West bad already made arrange­ The next busilless on the Calendar for Unanimous Consent ments in the various respect'ive States of those sectioJJ.s to get was the bill (B. R. 10770) granting the consent of Congr.ess to theu· reports. After suggestion by some membel.-s of tile com­ the county of Itasca, State of Minnesota, to construct, maintain, mittee, I had corn, wheat, live stock, and dairy products in­ and operate a. bri.dge across the south arm of Pokegama Lak . serted, the resoluti

The SPEAKER. The Clerk will report the bill. On motion of Mr. STEENERSO , a motion to reconsider the · The Clerk read as follows : .vote whereby the bill was passed was laid on the table. Be it enacted, etc., That the consent of the Congress is hereby granted The SPEAKER. The Clerk will report the next bill. to the county of Itasca, State of Minnesota, to construct. maintain, and operate a bridge and approaches thereto across the south arm of Poke­ BRIDGE BETWEEN DEL BIO, TEX., AND LAS YACAS~ MEXICO. gama Lake at a point suitable to the interests of navigation in section 17, township 54, ran~e 25, in the county of Itasca, State of Minnesota, The next business on the Calendar for Unanimous Consent in accordance with tne provisions of the act entitled "An act to regu­ was the bill (H. R. 11128) to authorize the construction of a late the construction of bridges over navigable waters," approved March 23. 1906. bridge across the Rio Grande between the cities of Del Rio, SEC. 2. That the right to alter, amend, or repeal this act is hereby Tex., and Las Vacas, Mexico. · expressly reserved. The title of the bill was read. ·with a commjttee amendment as follows: The SPEAKER. Is there objection to the present consid­ Page 1, line 3, strike out "consent of the Congre s is hereby granted eration of this bill? to the county" and insert "highway brid.~e built by thP authorities." Mr. WALSH. Reserving the right to object, Mr. Speaker, I Strike out after the word. " Itasca," in line 4, the words "State of" and insert the word "County." In line 5, strike out the words " to would like to ask the gentleman from Texas [Mr. HUDSPETH] if conAruct, maintain, and operate ii bridge and approaches thereto." In this bridge is to take the place of some existing structure in line 7, strike out "at a point suitable to the interests of navi~ation." the vicinity, or is it a new project? In line 9, strike out the word " the " and insert the word " said." In the same linf', strike out the words "of Itasca ·• and insert the word Mr. HUDSPETH. I would say to the gentleman from Mas­ "and." In the same line, strike out the words "of Minnesota, in ac­ sachusetts that they have no bridge there. They have been cordance with the provisions of the act entitled 'An act to re.gulate the using a ferry. This is a new project. construction of bridges over navipable waters,' approved March 23, 1906,'' and insert "is hereby leguhzec} and the consent of Congress i& Mr. STAFFORD. l\fr. Speaker, will the gentleman also in­ hereby given to its m::tintenance by said county for the use of the gen­ form the committee whether there are more available places eral public: Pt·ovideil, That any changes in said bridge, which the Secre­ tary of War may deem necessary and order in the interest of navigation, for the erection of this bridge at the point named? I notice shall be promptly made by the said county." from the bill that it proposes to extend the privilege to a co­ i\lr. WALSH. Mr. Speaker, this bill is a little different partnership. The grant is under a corporate name, but states in form from the form in which such bills are usually reported. it is a copartnership. I am rather surprised to see a corporate How does it happen that the authorities proceeded to construct name attached to a copartnership. · a bridge across this stream without any consent or approval Mr. HUDSPETH. I would say to the gentleman from Wis­ apparently by the War Department? consin that for several years the citizens have been trying to :\Ir. WINSLOW. I regret that I am not able to give that in­ accumulate enough money to build a bridge there. I got a bill formation. It was explained to the committee by the gentle­ passed a year ago granting them that privilege, but they did man from Minnesota [Mr. LARSON}, who introduced the bill. It not get the funds. This copartnership consists of several is one of those cases that come .up now and then where they people. They have got together the funds. bave obtained it in some way. Mr. STAFFORD. This is to be a toll bridge? Mr. l\IANN. I may say to the gentleman from Massachusetts Mr. HUDSPETH. Yes; this is to be a toll bridge. that there are many cases where there· is authoritv to construct l\Ir. STAFFORD. How many bridges are there in that vi­ bridges without getting the consent of Congress, where the navi­ cinity? gable stream lies wholly within a State, and it does not require Mr. HUDSPETH. There are two at El Paso. There were an act of Congress under the general bridge act. It is quite two at Eagle Pass, but one of them has been washed away. po sible that in a number of cases-and this may be one of That is in the district of my colleague [Mr. GARJ\'ER]. them-the people constructing the bridge have assumed tllat Mr. STAFFORD. Were the bridges that were washed away the stream lies wholly within the State and have proceeded to substantial structures-steel bridges with concrete foundations? raise the money by the sale of bonds, and then, there being Mr. HUDSPETH. One of them was, and thought to be a some question about it, they are advised that they will have to permanent . structure, but an unprecedented rise in the river get the consent of Congress. washed it away. Mr. WINSLOW. This is probably one of those cases. Mr. STAFFORD. How wide is the Rio Grande at this point? The SPEAKER. The question is on agreeing to the commit­ Mr. HUDSPETH. At Las Vacas and Del Rio I think it is tee amendment. about 200 yards wide. The committee amendment was agreed to. The SPEAKER. Is there objection? The SPEAKER. The question is on the engrossment and There was no objection. third reading of the bill as amended. The SPEAKER. The Clerk will report the bill. The bill as amended was ordered to be engrossed and read a The bill was read as follows : third time, was read the third time, and passed. Be it enacted, etc., That the Del Rio & Las Vacas Bridge Co., a co­ will partnership organized and entered into under the la:ws of the State of The SPEAKER. Without objection, the title be amended Texas, be, and is hereby, authorized and empowered to construct, main­ in accordance with the text. tain. and operate a bridge and approaches thereto over the Rio Grande There was no objection. between the cities of Del Rio, Tex., and Las Vacas, Mexico, at a point The SPEAKER. The Clerk will report the next bill. suitable to th.e interests of navigation, in accordance with the pro­ vi'>ions of the act entitled "An net to regulate the construction of BRIDGE ACROSS RED RIVER OF .THE NORTH, MINN. AND "· DAK. bridges over navigable waters," apprnved March 23, 1906. SEC. 2. That the consent of the proper authorities of the Republic The next business on the Calendar for Unanimous Consent of Mexico shall have been obtained before said bridge shall be built or was the bill (H. R. 11634) granting the consent of Congress to commenced. the county of Norman and the town and village of Halstad in SEC. 3. That the ·right to alter, amend, or repeal this act is hereby said county, in the State of Minnesota, and the county of Tr~ill expressly reserved. and the town of Herberg, in said county, in the State of North The bill was ordered to be engrossed and read a third time, Dakota, to construct a bridge across the Red River of the North and was accordingly read the third time and passed. on the boundary line between said States. On motion of Mr. HUDSPETH, a motion to reconsider the vote The title of the bill was read. by which the bill was passed was laid on the table.· The SPEAKER. Is there objection to the present considera- tion of this bill? CLAIMS OF CERTAIN AMERICAN CITIZENS. There was no objection. The next business on the Calendar for Unanimous Consent The SPEAKER. The Clerk will report the bill. was the bill ( S. 2235) to confer jurisdiction upon the Court The Clerk read as follows: of Claims to adjudicate the claims of American citizens. Be it enacted1 etc., That the .consent of Congress is hereby ~ranted The Clerk read the title of the bill. to the C

Mr. MANN. The bill provides for the dates from 1875 to bill. I am too old a band at this .business to get ca ugbt in that 1896. The evidence submitted expressly states that it covers way. shipping between April 21, 1886, and April 6, 1894, only. What Mr. CURRY. Will the gentleman consent that the bill be there may have been before or after those dates, of course, I passed without prejudice and remain on the calendar? , do not know. I am not in favor of authorizing everybody who Mr. MANN. I am perfectly willing to have the bill go over wants to go into the Court of Claims to do so without knowing and remain on the calendar and give the gentleman a chance anything about his claim. There is no real merit in any of to ascertain the information whether, if the House makes the these claims. amendments changing the date, those amendments will · prob­ Mr. SUTHERLAND. If there ls no merit in these American ably be agreed to in the Senate. claims, then there was no merit in the Canadian claims or in Mr.. CURRY. Mr. Speaker, I ask unanimous consent that the Russian claims. the bill be passed without prejudice to give the O'entleman an Mr. MANN. That does not follow at all. opportunity to obtain the information. b Mr. SUTHERLAND. We demanded indemnity from Russia Mr. MANN. And I hop""e the lady who has this in hand will for seizures under similar circumstances. be able to give us that information. • Mr. MANN. That does not follow at all. The Government TO LOWER AND MAINTAIN THE IEVEL OF LAKE ANDES, S. DAX. of the United States forbade all persons from engaging in these fur-seal operations; but there is quite a difference between the The next business on the Calendar for Unanimous Consent was the bill ( H. R. 243) providing for the construction of a Government of the United States saying to American citizens, spillway and drainage ditch to lower and maintain the level of "You shall not do so and so" and saying to a Russian subject, Lake Andes, S. Dak. "You shall not do so and so." We have some jurisdiction over The SPEAKER. Is there objection to tbe consideration of American citizens. We had no jurisdiction over Russian citi­ this bill? ze11B on the high seas, and that was the finding of the court. Mr. S~AFFORD. Reserving the right to object when I first However, I am not going to argue that question. r~ad t~s bill I was inclined to favor it, but on' further con­ Mr. SUTHERLAND. What would the gentleman say of sideration and on reading tbat part of the report which states those who did obey the law and who ask for consequential that recent reports indicate that at the present time the lake damages? is 3 !eet lower than at high-water mark last year and is Mr. MANN. There are no consequential damages for those it who did obey the law. There are no damages to those who did lowe_rmg very fast, I thougbt was rather ridiculous for us to direc~ the Secretary of the Interior to build a spillway when obey the law. there might not be any need for it at all. If these waters were Mr. SUTHERLAND. In the Canadian cases we recognized thilt there were, and they came in for consequential damages, increas~g and there was ~ger of further damage, there might be pressmg reasons for dir~cting the Secretary of the Interior and within the past year the British-American Claims Com­ to build a spillway. . mission has settled those claims of the Canadians for conse­ In the report made May 25, 1921, Acting Secretary Finney quential damages. says: Mr. .MANN. That is all right as to the Canadians. We is­ Recent reports indicate that at the pI"esent time the lake is 3 feet sued a regulation providing that no one should engage in these lower than at high-water mark last year, and is lowering very fast· fur-seal operations, on the ground that the Pribilof Islands were that .at least one of the artesian wells is choked up with sand and 3- has ceased to flow; and that it left to itself, the lake may eventually within our territory and not on the high seas, and that the reach its former level. mile limit did not apply, that those were inland waters. We maintained that contention, but the court of arbitration over­ There are the facts as they were a year ago and what is the ruled us on that subject and we had to pay damages to citizens m1e of spend-ing $60,000 now in building a spillway? · of foreign countrie~. Of course, it is always easy to say we Mr. CHRISTOPHERSON. Let me say to the gentleman that ought to do as much for our own citizens as we do for citizens the facts as set forth in the letter of the department are not of foreign countries. On the other hand, our own citizens should now correct. The water is higber to-day than it ever bas been. have obeyed our laws whether we had a right to make them or There is danger that in a short time it will break over in the not, and mo t of them did, but these few deliberately flaunted east and southeast, where it would overflow a whole township the law. of splendid farm lantl. The wells are not closed ; two of them Mr. SUTHERLAND. The gentleman is in error about that. are in the bed of the lake and are therefore pouring the water Mr. MA.i..~. I am not in error. I have been studying this into the lake, not visible to the eye. The people intei-ested over particular subject for nearly 20 years, I guess. there have examined the wells in the lake, and the wells are Mr. SUTHERLAND. There are a number of specific cases open and throwing their water into the lake. where Americans who obeyed the law suffered damage. Mr. STAFFORD. Has the gentleman a personal acquaintance Mr. MANN. ·The gentleman has been engaged in the study of with the conditions there? this subject only a few weeks. Mr. CHRISTOPHERSON. I ba-ve been an around the lake. Mr. SUTHERLAJ.~ . I have heard it discussed in the Tei:rl­ Mr. STAFFORD. When? tory for a long time. Mr. CHRISTOPHERSON. Two years ago this summer. Mr. MANN. This matter has been knocking around here in Mr. STAFFORD. But we have the report of a year ago from Congress ever since the Fifty-ninth Congress. I am not saying a representative of the department. There is no question that there is no merit in the gentleman's contention, but there is ab­ two years ago the conditions may have been alarming when the solutely no merit that I have seen yet in extending the date, bill was introduced. But here is the repart of a year ago where and I do not know what is the Plll"POSe of doing that. I am it says that the waters are reeeding. afraid of it. lli. CHRISTOPHERSON. Gentlemen who were here and Mr. SUTHERLAND. I am not acquainted with the reasons testified last November-- for fixing that date. Mr. STAFFORD. There is nothing in the report with ref­ Mr. MA.JI.TN. The gentleman ought to find out. erence to any testimony last November. Mr. SUTHERLAND. If the gentleman wants to amend by .Mr. CHRISTOPHERSON. On the 21st of October of last reducing tl1e number of years, I have no objection. year the lake was 6 feet and 9 inches above the meander line. Mr. MANN. The gentleman will have to find out if he That is the testimony of ~Ir. Miller taken by a surveyor, and wants to pass the bill by unanimous consent while I am here. that profile is on file with the Indian Oommittee. Mr. SUTHERLAND. It might be pretty difficult for me tq Mr. MANN. M.ay I ask the gentleman a question? find out just why that year was included. Mr. CHRISTOPHERSON. Certainly. Mr. MANN. It may be very difficult. I do not know how .Mr. MANN. Is this tbe case where the Indians and the difficult it is, but I am not willing to let the bill pass under Indian Office and the Representative in Congres from that any circumstances with my consent with the dates as fixed in State asked for an appropriation to drill an arte~ian well or this bill. This being a Senate bill, if the House should amend wells in the lake so as to get water for the Indians? it and it should go to conference, I would be nowhere. I can Mr. CHRISTOPHERSON. I do not know as this is the case !!top it now. the gentleman refers to, but Congress did appropriate money -for Mr. SUTHERLAND. Will the gentleman submit his amend­ the boring of the well . ment? Mr. MANN. At the request of the Indians and the Indian Mr. MANN. Why, no. Probably the gentleman would agree Office n.nd the Member of Congress? to the amendment. Then the bill would go back to the Senate Mr. CHRISTOPHERSON. It was embraced in the Yankton and the Senate would· disagree to the amendment and ask for Indian Reservation. They bored two wells in 1894 and two in a conference, and the Honse conferees, without any knowledge 1907. As evidence that these wells were the cause of the and after they get it to come lands and buildings of the Federal leprosy investigation sta­ back and say, "give me some more, because you gave me first tion at Kalawao, on the island of Molokai, in the Territory of too much." Hawaii, to the Territory of Hawaii, and for other purposes. Ur. CHRISTOPHERSON. TM Indian office itself will re- The SPEAKER. Is there objection to the present considera- claim enough land to more than pay for the cost of this ditch. tion of the bill? Mr. MANN. Oh, no. . l\Ir. WALSH. Mr.. Speaker, reserving the right to object, this Mr. CHRISTOPHERSON.. Three h11.Ildred acres, it is con- is rather a lengthy bill and I would like to have some explana­ ceded, the Indians own that are now under water; splendid, fine tion from either the gentleman from California [Mr. CunnY] land and it is not only the land that is submerged, but that or the Delegate from Hawaii. I suppose it is a very simple water is rising every year, and there is danger that a vast matter, but I have not had an opportunity to examine the area of land will be submerged to the east of the lake within measure. the next two or three years unless· the level of the lake is con- Mr. CURRY. l\Ir. Speaker, the reason the bill is lengthy trolled. is because it describes the metes and bounds of the land. This :llr. MANN. As far as I can read the report. the Indian land is about 502.6 acres. It was deeded to the United States office to-day thinks the Government is not under obligation to Government by the Ter1itory of Hawaii for the purpose of pay these people, although I think there is some merit in the building thereon a leprosarium, which the Government con­ gentleman's claim. structed at an expense of about $70,000. After it was ·Con- 1\Ir. CHRISTO.PHERSON. The gentleman who went out structed it was found that it was not in the proper location, there said that he did not believe the Government was liable the climate was bad, the winds were high, and it was not a but that does not change the fact that these wells are the con: good place for lepers to be treated in a sanitarium. The tributing cause to the rise in that water, because if the water Molokai leper settlement is in the neighborhood of this tract of had ever reached this level in this lake before there certainly land. Not being available for the purpose desired, the· Te1Ti­ would haYe been evidence of it on the shore line. It would tory of Hawaii itself, in the city of Honolulu, constructed a have killed these trees now standing in several feet of water leprosariu.m at an expense of $40,000 and put in a laboratory and which are estimated to be over· 70 years old. They were for the use of the Federal Government. That is being used by there long before the construction of these wells-positive evi- the Federal Government, and has been for some time. The clence of the fact that the waters in this lake bed never reached department wrecked all of the buildings that were of any use the level of these trees before these wells were brought in. at Molokai and took the material away for Federal use. That Here is the picture of a tree, now dead, standing in several which is left there is contaminated by being inhabited by lepers feet of water, the tree, it is stated, is over 70 years old. There and is rapidly deteriorating. It is costing the Government was no water around it prior to the construction of the wells. to maintain a keeper. The land belonged to the Territory of It was a sound, live tree until the rising waters of the lake Hawaii. It is simply a retransfer of land from the Federal surrounded its trunk. , Government to the Territory, not to individuals, and it be- Mr. S'l'AFFORD. Does not the gentleman think it is going 1 comes a part of the public land of t~e Territory of Hawaii. quite far enough if we provide an authorization without a di- Mr. WALSH. Mr. Speaker, I withdraw the reservation ot rection to the Secretary of the Interior. objection. Mr. CHRISTOPHERSON. I do not know that I gather the The SPEAKER. Is there objection? ge-ntleman's meaning? There was no objection. Mr. STAFFORD. Under the phraseology of the bill we direct The Clerk read the bill, as follows: the Commissioner of Indian Affairs to construct this spillway. B~ it enacted, etc., .That the Secretary ~f ~e Treasury ls hereb~ au- The facts are in dispute. The department according to th thonzed ~pd empowered to coi;iv~y by qwtcla1m deed to the Terntory . • • e of Hawau the lands and bmldmgs thereon o.f the Federal l~pl'osy last report to .the committee, says there 1S no need for this I investigation station at Kalawao, on the-island of Molokai, said landa 8990 CONGRESSIONAL-RECORD-HOUSE. JU~E 19, being fully described in the proclamation of the Governor of the Terri­ The SPEAKER. Is there objection to the present considera-. tory of flawaii, dated June 28, 1905, by which such lands were ceded to the United States of America, and also to transfer to the Territory tion of this bill? [After a pause.] The Chair hears none. The of Hawaii the equipment of the said station except such parts thereof Clerk will report the bill. as may be required for the use of the Public Health Service. The said lands are more particularly described as follows : The Clerk read as follows : (a) Description of landing site situated on the east side of Waikelu · Be it et?acted, etc., That section 34 and lo of the organic act of the stream, Waikolu, Molokai, Territory of Hawaii, selected by Surgeoll Territory of Hawaii be amended by deleting therefrom the word " male" General Wyman, Public Health and Marine Hospital Service, as por­ so that said sections when amended shall read as follows: ' tion of Federal leprosarium. " SEC. 34. That in order to be eligible to election as a senator a per- Beginning at an iron bolt on rocky point overlooking sea and known son shal,1- as Hawaiian government survey trigonometry station Leinaopapio, the " Be a citizen of the United States; true azimuth and distance to Hawaiian government survey trigonometry "Have attained the age of 30 years; station Kaupikiawa being 132° 12' 3!Y' 11,164.5 feet and to Hawaiian " Have resided in the Hawaiian Islands not less than three years and :;overnment trigonometry station Mokapu being 202° 32' 9" 4,255.1 be qualified to vote for senators in the district from which h~ or she is reet, and the azimuth to Kalawao Protestant Church spire being 105• elected." · 29', and to the cross on Kalawao Catholic Church being 103 • 43', as " SEC. 40. That in order to be eligible to be a member of the hou.se shown on Government survey registered map No. 2309, and running of representatives the person shall, at the time election­ by true azimuths : " Have attained the age of 25 years; (1) Up center of ridge to rocky ledge in same, the direct azimuth "Be a citizen of the United States; and distance being 330° 30' 1,418 feet; (2) 79° 43' 1,17 4 feet down " Have re~ded in the Hawaiian Islands not less than three years and side of ridge to a X on large solid stone on the east bank of Waikolu shall be qualified to vote for representatives in the district from which stream; (3) thence along the east bank of Waikolu stream to high­ he or she is elected." water mark on beach; the direct azimuth and distance being 183° 5' 448 feet; (4) thence along beach along high-water mark, the direct Mr. l\B.NN. 1\Ir. Speaker, I ·offer an amendment to the bilL azimuth and distance being 240° 555 feet; (5) then along the foot of I move -to amend page 1, line 4, after the word "Hawaii," by blulf, the direct azimuth and distance being 161° 53' 834 feet; (6) inserting the language which I send to the Clerk's desk. 289° 18' 224 feet up ridge to the point of beginning. Area, 18.9 acres. (b) Description of spring-site, situated on the east side of Waikolu The SPEAKER. The Clerk will report the amendment. . Valley, Waikolu, Molokai, Territory of Hawaii, selected by Surgeon The Clerk read as follows : General Wyman, Public Health and Marine Hospital Service, as portion Page 1, line 4, after the word "Hawaii," insert "being an act en­ of Federal leprosarium : titled an act to provide a government for the Territory of Hawaii _ Beginning at X on stone in trail up the east side of Waikolu Valley, approved April 30, 1900." the coordinates from Hawaiian government survey trigonometry sta­ tion Leinaoapapio being south 2,478 feet and east 219 feet, as shown The amendment was agreed to. on Government survey registered map No. 2309, and running by true The bill as amended was ordered to be engrossed and read azimuths: ( 1) Two hundred and fifty-four degrees thirt7-three minutes three a third time, was read the third time, and passed. hundred and eighty-five feet up ridge; (2) 351 750 feet along Ter­ On motion of ~r. CURRY, a motion to reconsider the vote by ritorial government water reserve; (3) 117• 53' 466 feet down ridge which the bill was passed was laid on the table. to a X on stone in trail; (4) thence along each side of trail, the direct azimuth and distance being 215° 40' 90 feet; (5) 176° 53' 227 feet; PROHIBITING INTERSTATE SALE OF CERTAIN .ARTICLES CONTAMINATED (6) 136° 168 feet to the point of beginning. Area, 4.5 acres. (c) Description of hospital site, Walawao, Molokai, Territory of WITH ANTHRAX. Hawaii, selected by Surg. Gen. Walter Wyman, Public Health and The next business in order on the Calendar for Unanimous Marine Hospital Service, as portion of Federal leprosarium: Consent was the bill (H. R. 7156) to proh1"b1"t the 1·nterstate sale Beginning at X on large rock in stone wall on edge of bluff over- looking sea, the true azimuth and distance to Hawaiian government of certain articles contaminated with anthrax. survey trigonometry station Kaupikiawa being 159° 3' 6,130.8 feet, The Clerk read the title of the bill. and to Hawaiian 9'0 vernment survey trigonometry station Leinaopapio The SPEAKER. Is there obJ"ection to the present cons1"dera- being 286° 15' 30 ' 6,332.5 feet as shown on government survey reg- istered map No. 2309. and runnin~ by true azimuths : tion of this bill? (1) Along edge of blulf overlooking sea to corner of fence on same, a. Mr :MANN Mr Speaker reserv·n1 th · ht t b. t J little west of Waialeia Gulch, the direct azimuth and distance being · · · ' g e rig o O Jee • 3R3° 13' 1,983 feet; (2) 65° 185.5 feet to corner of stone wall; (3) 21° suppose I am one of the few persons of the House who can 285.5 feet along stone wall to X on !';Olid rock; (4) 14° 25' 585 feet up look dispassionately upon a bill of this sort, although the author small bill to X on large rock on edge of bluff; (5) 32° 38' 616 feet f th b'll ht t b bl 11 1f I Id l k along edge of blulf to X on large rock, the true azimuths to Kalawao 0 e 1 oug 0 e a e as we as myse . wou i e to Protestant Church spire being 163° 24' and to cross on Catholic Church ask this question. Suppose a shipment is on the way at the being 164° 48'; (6) 31° 18' 1,013 feet along edge of bluff and down into time this bill becomes a law. Would the property be forfeited n small gulch, and along center of same to angle in said gulch; (7) and the importer fined or imprisoned? 99° 20' 1,150 feet along center of small gulch to point in same, oppo- Rite the bottom of pali; thence following along the bottom of pali, the Mr. WEBS'l'ER. I -think it would have the right to land-- direct azimuths and diRtances being (8) 197° 40' 810 feet; (9) 219° Mr. MANN. That does not answer the question. 53° 750 feet; (10) 137° 18' 1,000 feet; (11) 262" 15' 516 feet to X M WEBSTER I h d bt th t on solid rock at point of pali and end of stone wall, the true azimuth r. · ave no OU a he would be subject and distance to Leinaopapio 8. being 270° 44' 7,01.5.9 feet, to Kaupi- to this statute if it comes in after its enactment. kiawa & being 170° 23' 7,515.3 feet, and the azimuth to Kalawao Mr. MANN. Does the gentleman think somebody who ships Protestant Church spirf> being 184° 12' and to Kalawao Catholic Church an article to the United States and then Congress provides by cross being 190° 41 30"; (12) thence along stone wall along Baldwin home, tbe direct azimuth and distance being 219° 10' 669 >t; (13) law that such article shall not be admitted, that the man to 14-6° 425 feet along stone wall along Baldwin home; (14) 219° 1.003 whom it is shipped ought to be fined or sent to jail because such feet along stone wall along Baldwin home; (15) 306° 20' 65 feet along shipment has been made to him? stone wall along Baldwin home; (16) 219° 10' 94.5 feet along stone wall along Baldwin home to the point of beginning. .Area, 114 acres. Mr. WEBSTER. No; I have no doubt that no such result-- (d) Description of reservation site, situated in Kalawao and Maka- Mr M.Al~ But that is what this bill provides nalua, Molokai, Territory of Hawaii, selected by Surg. Gen. Walter · · · Wyman, Public Health and Marine Hospital Service, as portion of Mr. WEBSTER. I think not. I do not think there is any Federal leprosarium : inherent right of a shipper to send to the shores of the United Beginning at Hawaiian government survey trigonometry station Kau- States a thing that is infected and permit that article to pro- kaho, on the southwest rim of Kauhako Crater near graves, the true . . azimuth and distance to Hawaiian government survey trigonometry sta- duce death, and that is the case with reference to these brushes Uon Kala.wao, being 175: 45' ~.088.9 ~eet; .to Haw.aii~~ g::vernment I made of horsehair. These men who send these brushes here are survey trigonometry station Lemaopap10, ~erng 291 lo .9 14,461.6 cognizant of this fact It is a scientific fact feet, a& shown on Government survey reg1Stered map No. 1728, and · . · runnina by true azimuths : Mr. MANN. But whether it causes death or not, you forbid (1) One hund~ed and thirty-seven degrees 21' 1,692 feet; (2) 227° the right to import a certain article into the United States. I 21' 6,94.2 feet high-water ma.rk at s~acoast; (3) .thence al?ng seacoast suppose we have that authority as to any article. I am not along high-water mark, the direct azunuth and distance being 336° 10' • 3 762 feet; (4) 47° 21' 3n0 feet to Hawaiian government survey trigo- questioning that; I do not know, but I assume we have. nometry station Kaupikiawa, the true azimuth and distance to "Leinao- Mr 'VEBSTER The question the gentleman asks is highly papio & being 312° 12' 7" 11.164.5 feet; (5) 47° 21' 5,378 feet to an . · · O' d :t t k · t th . l f d' · iron bolt on the north side of main government road. (6) 137• 21' lilterestrnc., an I a es one ID o e ream o iscuss10n of 1,869 feet to the point of beginning. Area, 502.6 acres.' hazy principles of criminal law as to when an act begins and The bill was ordered to be engrossed and read the third time when it ends; and if an act is continuous and a law is enacted was read the third time, and passed. ' in the meantime, whether the criminal act dates back to the On motion of Mr. CURRY, a motion to reconsider the vote by time when the act began. That is rather a nice question of which the bill was passed was laid on the table. criminal law and involves the question whether there was any ANNOUNCEMENT. intention on the part of anyone to violate. The right to pass ex post facto laws is also involved. I have no doubt that no The SPEAKER. The Speaker was notified by the Acting sensible prosecutor would attempt to enforce the statute in that Secreta:y of War that the ~fari';le Cori;>s from Q~antico ~s on particular under those circumstances. the. march to Gettys~:mrg, and this evenmg .at 7 o clock will be Mr. MANN. Well, because it was such a nice question I sub­ rev1ewed on the White Lot back of the White House and Mem- mitted it to my distinguished friend, although when be replies bers of Congress are invited to witness the parade. I that the law will not be enforced by a sensible prosecutor that WOMAN DELEGATE FROM HAWAII. does not help it any, because we have some very sensible prose- The next business in order on the Calendar for Unanimous cutors-I think we have a very able one at the head of the Consent-was the bill (H. R. 11590) to amend sections 34 and 40 Department of Justice-but there are some whom I do not have of the organic act of the Territory of Hawaii. so much confidence in. However, not being in any danger from TM Clerk read the title of the bill. 1 this, I have no desire to have my friend from Washington run 1922. CONGRESSIONAL RECORD-HOUSE. 8991

the risk of losing his life by the use of a shaving brush made tion falls down, that we are too indolent to cut out the bad and .abroad. However, I do not think there is much danger. I be­ let in the good, o-r else we are incapable of doing it. I do not lieve it is really in the interest of the man who is making believe it iB an impossibility to get proper inspection. If we shaving brushes in the United States. follow this plan and go and exclude everything that is a possible f\1r. WEBSTER. No; that is not the case, I will say to the transmitter of infectious or contagious diseases, we would _put gentleman from Illinois.. This bill has been unanimously ap­ up the bars for 90 per cent of our commerce. Ninety per cent proved by the brush industry of the United States. of the people of some countries in Europe have certain bodily Mr. MANN. Certainly they have. diseases which is very bad, but we do not see fit to debar every­ Mr. WEBSTER. The national association and-- body from those countries from \isiting this country. 1\lr. MANN. Yes; it is to their intere.st. Mr. WEBSTER. Theoretically the gentleman's -position is Mr. WALSH. Will the gentleman yield? sound, but in applying it to a case like this it is impractical. Mr. WEBSTER. I will The transportation of shaving brushes is a rather inconse­ Mr. WALSH. The bill, as I read it, particularly prohibits quential thing. It requires expensive machinery of a very the import or interstate shipment of shaving or lather brushes scientific kind to determine the eXistence of these spores on the made from horsehair? horsehair out of which these poor and cheapest kind of shaving Mr. WEBSTER. Yes. brushes are made, and the cost of enforcing .such a law would ~fr. WALSH. It does not make any difference whether the be wholly disproportionate to the situation sought to be dealt brush has been disinfected or is not contaminated with anthrax with. No harm will come from the denial of the use of horsehair and the importer or shipper is able to say that it is free from in shaving brushes, because it is conceded to be the poorest kind infection, the importation or shipment is prohibited notwith- of shaving brush made. The manufacturers of them concede it standing? . themselves. l\fr. WEBSTER. Yes; and the reason-- Mr. GRAHAM of Illinois. Such a brush was never used until Mr. WALSH. Then why is anthrax carried in the title? the last war. It is a praetice that started during the war. That has got nothing to do with it. The amended title has got l\lr. WINGO. Of course, we all want to J)rotect the public anthrax in it. That has nothing to do with the bill We are health against disease. But there is a way to do things and trying to shut out the shipment of horsehair lather and shaving there is a way not to do them. T.he title of your bill says you brushes. are going to do a commendable thing-that is, you are going to Mr. WEBSTER. I think the use of anthrax in that connec­ prohibit brushes contaminated with anthrax in interstate com­ tion might be of assistance to this bill. merce. If you did that, it would be a eommendable thing. But Mr. WALSH. The title is no part <>f the bill. you debar horsehair brushes. Mr. WEBSTER. Very often the title is referred to in con- Mr. WEBSTER. It prohibits the importation into this coun­ struing a bill. try of shaving brushes made of horsehair, it being scientifically. Mr. WALSH. Not very often. determined that horsehair shaving brushes are the means by Mr. A1ANN. Not unless the bill means nothing. which thiB deadly disease is communicated. If a man uses one l\fr. WEBSTER. In the very situation I am about to suggest of these cheap brushes, and there is an abrasion on the cheek, it means a great deal This bill is passed under the commerce scarcely noticeable to the naked eye, inoculation takes place clause of the Constitution, plus the power to enact necessary and the man dies. and proper laws to car1·y into effect the powers specifically l\fr. WINGO. That is not the only way. You take the finest kind of brushes, and some .of them that are imported from .some 1 granted. It is in the nature of a health regulation. The court will take judicial knowledge of the fact that anthrax is a countri~s I would not use at all, unless I knew personally they ' deadly disease, and it characterizes the bill and enables the had been sterilized, and even then I would be in doubt about I court to determine its constitutionality. them. It is not the disease itself that you want to shut out. Mr. WALSH. Suppose the shipment upon consideration or You say we will shut out all horsehair, not simply the infected. examination shows that there was not a single brush infected Mr. WEBSTER. We do not do that. We shut out shaving I with anthrax, then where does the question of conserving the brushes made of horsehair. t public health enter in? Mr. WINGO. You do not say all shaving brushes not Mr. WEBSTER. The answer to that question, I will say to properly inspected. You do not require proper inspection to the gentleman from Massachusetts, is based upon the scientific shut them out The answer to that is that it is an elaborate, l testimony of witnesses representing the Public Health Service. expensive process. If you want to put on the importer the It is shown by those experts that this anthrax germ is a spore- burden and the expense of proper .inspection, of course that , forming g~rm; that it attaches itself to horsehair, .and that the would be proper. ordinary methods of sterilization will not destroy it. You can Mr. MANN. Is n-0t this the fact, that th~ only way you can boil it for hours at a time, and the germ will still be there, and determine whether a horsehair shaving brush is affected with if it enters an abrasion on the face, caused by shaving, it will anthrax is by whether or not you get anthrax from the u~ of it? very likely produce death. All the chemical meth-0ds of sterili­ Mr. WINGO. I do not know. I am not an expert. zation that are strong enough to destroy the germ destroy the Mr. MANN. If you do not get the disease, you assume there horsehair, and the brush is worthless. That is the testimony is no anthrax. If you do get it, you are dead, and it no longer of the experts before the committee, and there is no controversy matters. Th~y can not find out with-0ut tryin~ it. about it. Mr. WINGO. So the gentleman from Illinois is in favor of The SPEAKER. Is there objection? shutting out all of it? l\Ir. MANN. Suppose somebody wanted to know whether ·he Mr• .MANN. I ur e, only such do not. You prohibit the carl'ier, instead of getting at the fault. brushes as are infected with anthrax are harmful. The point I You sim,W._y say we are jncompetent and j.n_efficient, and, if inspec.. is whethert under the guise of r~gulating commerce, we ean for- 8992 CONGRESSIONAL RECORD- HOUSE. JuxE l~, hid commerce in articles which may be entirely harmless. Mr. WHITE of Kansas. Whereas-- l\Janifestly we have no power to forbid commerce in harmless Mr. MA.i'lN. Whereas the gentleman from Karn;;as might be articles: if we concede that an article is in its nature harm­ in imminent danger from anthrax from an infected hor ehnir less, Congress can not forbid commerce in it. The point is brush? [Laughter.] Perhaps that is why it was not included whether Congress may prohibit interstate commerce in articles by the gentleman from Washington. He is not afraid of it. and commodities which may be vehicles for disease germs, but l\Ir. WHITE of Kansas. I am speaking in the deepest serions­ which are not harmful in themselves and are not necessarily ness, Mr. Speaker and gentlemen, and I hope the gentleman infected. from Wisconsin [Mr. STAFFORD] will withdraw his point of Now, then, horsehair shaving brushes are harmless articles order. unless they are infected with the germs of anthrax. Horsehair l\Ir. STAFFORD. Mr. Speaker, I am approaching the status shaYing brushes are harmful if they are infected with other of the gentleman from Kansas [Mr. W.HITE], so far as the hair disease germs as well as anthrax. The difference is merely on the top of the head is concerned, and I will withdraw the one of degree and not of kind. In that connection it must be reservation of the point of order in consequence. [Laughte1·.] observed that the prohibition of c·ommerce does not extend to The SPEAKER. The question is on agreeing to the amend- all horsehair but merely to horsehair which is used for ment. making shaving brushes. There are many articles made out The amendment was agreed to. of horsehair. Mattresses are stuffed with it; haircloth is The Clerk read as follows: made of it; other brushes are made of it These horsehairs SEC, 2. That any shaving brush or lather brush containing horsehair, whether imported separately or contained in packages with other goods may be infected with anthrax, but under this bill interstate entitled to entry, shall not be admitted to entry; and all such articles commerce in them is entirely legitimate and permissible. Yet shall be proceeded against, seized, and forfeited in manner pre cribed if it so happens that the. horsehair is made into a shaving by law. SEC. 3. That it shall be unlawful for any person to ~hip any shaving brush, immediately, under this bill, it becomes necessarily or lather brush containing horsehair from one State or Territory in harmful, and Congress assumes the power to prohibit it abso­ the United States or the District of Columbia to any other State or lutely. I voted against this bill in committee because I had Territory in the United States, or to the District of Columbia. grave doubts' as to its constitutionality. I do not intend to SEC. 4. That this act shall take effect on October 1, 1921. object to it, but I thought it would be well that the House Mr. .MANN. l\Ir. Speaker, I move to strike out the la t word. should be .informed as to the doubt which I have as to its The House has just inserted an amendment to cover hair­ cons ti tu ti on al i ty. brushes. If that amendment is to remain in the bill in section 1 The SPEAKER. Objection is withdrawn. The Clerk will it ought to be in ection 2 and in section 3. report the bill. l\Ir. WHITE of Kansas. l\lr. Speaker, I desire to offer the Tpe Clerk read the first section of the bill, as follows: same amendment in relation to section 3. Be it enacted, etc., That it shall be unlawful for any person to im­ The SPEAKE~ . The Clerk will report the amendment. port into the United States from any foreign country any shaving or l\1r. l\IANN. In section 2 it would be- lather brush containing horsehair. .Any shaving brush, lather brush, or hairb1·ush. Mr. WHITE of Kansas. Mr. Speaker, I offer an amendment .Mr. WINGO. That should be inserted in section 2 and sec- to section 1. tion 3 both. The SPEAKER. The gentleman from Kansas offers an :Mr. MANN. Section 3 would have the same amendment. amendment to section 1 of the bill. The Clerk will report it. The SPEAKER. The Clerk will report the amendment. The Clerk read us follows: The Clerk read as follows : Amendment offered by Mr. WHITE of Kansas : Page 1 lines 4 and 5, Amenrtment offered by Mr. White of Kansas: Page 1, line 6, after after the word "shaving," in line 4, strike out the word "or"; and in the word "brush" trike out the word" or" and after the word "brush" line 5, between the word " lather " and the word "brush " insert the where it appears the second time, insert the words " or hairbrush." words "or hair," so that it will read: "That it shall be unlawful for any person to import into the United States from any foreign country l\1r. GRA.HAl\I of Illinois. l\lr. Speaker, I desire to oppo"e any shaving, lather, or hair brush containing horsehair." the amendment briefly. I do not think this amendment . ought l\Ir. . STAFFORD. Mr. Speaker, I reserve a point of 'order to be in this bill. I do not think the first amendment should against that. have been agreed to. This is a good bill. It accomplishe a l\lr. WHITE of Kansas. What is the point of order? very useful purpose. If we load it up with a lot of outside l\Ir. STAFFORD. I press the point of order. The gentleman articles like hairbrushes, probably the bill will not be passed. from Kansas wants to know what the point of order is. It It is extremely hard to get a bill of this kind passed anyhow. is that it is not germane. I will reserve the point of order. It stops the trade in certain legitimate article of c:orumerce. Mr. WINGO. Does the gentleman mean to say that lather is If you add to it hairbrushes, about which the committee has not germane to shaving? taken no endence and bas no knowledge as to the number manu­ 1\Ir. STAFFORD. Yes; but horsehair is not germane to a factured or the interests involved or anything of that kind, the lather brush. probabilities are that we will get nowhere with this bill. Mr. WINGO. Lather is germane to the hairbrush. You can Mr. WALSH. Will the gentleman yield? split a hair, but you can not lather. [Laughter.] Mr. GRAHAM of Illinois. Let me finish thi statement. The l\fr. WHITE of Kansas. l\lr. Speaker, I am not famili.ar with gentleman from Kansas [l\Ir. WHITE] speak of buirbru ~ 11es. the rules of the House to the extent that I feel competent to So far as I am aware there was no case stated before the com­ discuss the point of order. I wish I might have unanimous mittee where anthrax had been communicated to anybody consent to speak to the merits of my amendment. If there is through a hairbrush. It is introduced into the circulation no objection, I will do so. when the skin is cut and lather is applied by the infected brush I take it, Mr. Speaker, in the interest of th·e health of the to the cut or abraded spot. But nobody is going to cut bi head American people that this amendment should be included in this with a hairbrush. section of the bill. We are trying to exclude the importation 1\1r. WHITE of Kansas. Will the gentleman yield? of a brush into the United States in the interest of the public Mr. GRAHAM of Illinois. Yes;· I yield. health. Now, it is stated by the chairman of the committee Mr. WHITE of Kansas. I think, probably on accou'nt of tba or subcommittee, as the case may be-I just came in during the absence of hirsute adornment on my dome, Members have not discu sion-that horsehair shaving brushes should be excluded. taken me seriously. I ·am speaking in the deepest incerity. It would seem that it is fully as essential to prohibit the im­ Does the gentleman h'l1ow that the anthrax germ is not present portation of a hairbrush that is liable to carry a deadly germ in hairbrushes? Might there not be a slight abrasion of the and imperil the life of the citizen, and even of some of our skin on the head of some gentleman whose hair is a bit thin,· country's statesmen. I brush my hair less and less, of course, and would not an infected hairbrush communicate the disease? as the years go by. Why would there not be the same danger Mr. GRAHAM of Illinois. I think the chairman of the com­ in a horsehair hairbrush, the same menace to the public health, mittee, and also Judge Webster, will verify my statement that, the same peril to the lives of our citizens? Suppose there might so far as any testimony before the committee was concerned, be a slight abrasion of the skin where the hair is thin. .l\Iight it showed that the disease is communicated through cuts on it not have the same deadly and fatal result, from which there the face when a man is in the act of shaving. It is a violent would be no recourse? Because the gentleman from I11inois assumption that anyone would brush his head with a hairbrush [l\Ir. l\IANN] says, " When you have anthrax you are dead." when his head was bleeding and so infect his hloo

Mr. GRAHAM of Illinois. Yes; we had quite extensive Mr. WEBSTER. Speaking for myself alone, I can think of hearings and considered this matter carefully. This question no objection to an amendment if the gentleman will offer one ef broadening out this proposition was considered. It was the stating a date when the bill shall take effect with respect to advice of those who testified before our committee that we foreign shipments. I do not think we ought to let the fellows should not broaden it in any respect, and we restricted it to get rid of the anthrax-affected brushes before the law takes this particular article, which is extremely dangerous. It is effect. unwise to enlarge the scope of this bill unless there is some Mr. MANN. They may be in the course of shipment. useful purpose to be accomplished. l\fr. WEBSTER. If the bill can be so worded as not to apply Mr. MAl'ifN. Does not the gentleman think it is a useful pur­ to shipments in transit at the time the bill becomes effective, I pose to prevent the gentleman from Kansas being infected would have no objection. with anthrax? Mr. MANN. That will come later. Mr. GRAHAM of Illinois. Yes; but the gentleman from The SPEAKER. The question is on the committee amend- Kansas is not going to catch anthrax from a hairbrush, nor ment. is anybody else; and the testimony showed that a great many The committee amendment was agreed to. good men have died from anthrax, which is, as I understand The Clerk completed the reading of the bill, as follows: it, an incurable disease, fatal when you get it, and communi­ SEC. 5. That the word " person " as used in this act shall mean cated by infected shaving brushes. natural persons, firms, associations, copartnerships, and corporations. SEC. 6. That any person violating any of the provisions of this act Mr. l\fANN. Did the committee consider also the use of shall, upon conviction, be punished by a fine of not more than $1,000. or hand brushes~fiesh brushes? imprisonment for not more than one year, or by both such fine and im­ Mr. GRAHAM of Illinois. This matter is fresher in Judge prisonment, in the discretion of the court. WEBSTER'S mind than it is in mine. We asked the Department With the following committee amendments: of Public Health as to other kinds of brushes, and we were ad­ Page 2 line 8, strike out the figure "5" and insert the figure "4." vised very strongly to limit the bill to this particular brush. Page 2: line 11, strike out the figure " 6 " and insert the figure •· 5." Page 2, line 13, after the word "for," insert the words.". not m?re Mr. MANN. Horsehair brushes? than " and amend the title so as to read: "A bill to proh1b1t the im­ Mr. GRAHAM of Illinois. Horsehair shaving brushes. portation and the interstate shipment of certain articles contaminated Mr. WEBSTER.. I do not recall any statement before our with anthrax." committee that the horsehair is used in the manufacture of The committee amendments were agreed to. hair brushes, and it is my impression that there are no such Mr. MANN. Mr. Speaker, I offer the following amendment brushes. I do know that the experts of the Public Health Serv­ to section 6 : ice advi ed that we confine our bill to the lather brushes, because Page 2 line 15 after the word "~ourt," add a new section as follows: that was the brush that caused the harm. " SEC. 6. This ~ct shall not be effective in the case of goods actually l\lr. MANN. The lather brush has to be a very soft brush. in transit at the time of the passage of this act." Mr. WEBSTER. And, of course, it is used in connection with The SPEAKER. The Clerk will report the amendment: a razor, where abrasions are very likely to occur. The Clerk read as follows: Mr. MA.1'.'N. A hair brush is very different. Amendment by Mr. MANN: Page 2, line 15, after the word "court," l\lr. WEBSTER. Certainly. add a new section as follows : " SEC. 6. This a~t shall not be effective ~n the ,,case of goods actually Mr. VOIGT. Was there any evidence before the committee in transit at the time of the passage of this act. that hair brushes were made of horsehair? The SPEAKER. The question is on the amendment. Mr. WEBSTER. No ; there was no evidence about it at all. The amendment was agreed to. Mr. WHITE of Kansas. Mr. Chairman, I would like to ask The bill as amended was ordered to be engrossed and read .a the chairman if the testimony before his committee disclosed the third time was read the third time, and passed. fact that there had been any fatalities from the use of these On motion of 1\lr. WEBSTER, a motion to reconsider the vote horsehair shaving brushes? whereby the bill was passed was laid on the table. Mr. WEBSTER. Oh, yes; a large number. They examined Mr. W ..!.LSH. Mr. Speaker, I was going to ask the gentleman 35 cnses of anthrax in New York alone, and in 16 of them if he had any objection to amending the title by prohibiting the death occurred, and every one of them was traceable to the use importation and interstate shipment of certain articles made of of a horsehair shaving brush, which upon examination was horsehair. found to be infected with anthrax germs. Mr. WEBSTER. No; you would have to :fu;ld contamination Mr. WALSH. Were those brushes manufactured in tbe State by- anthrax in each shipment. of New York? The SPEAKER. The title bas been amended. Mr. WEBSTER. We have no means of knowing. Mr. WEBSTER. We want to prohibit the shipment for the Mr. WALSH. If they were, then this bill would not prevent reason that we want to avoid the inspection to see whether these that. anthrax germs are on it. It was shown to the committee that Mr. WEBSTER. It would not; we could not prevent the these brushes made of hor ehair are cheap, that they sell in the manufacture and ~ale of brushe wholly within one State, be­ 5 and 10 cent stores, and it would cost 6 or 7 cents to have them cause of lack of constitutional power. inspected. The SPEAKER. The question is on the amendment offered Mr. w ALSH. Of course, amending the title does not make by the gentleman from Kansas. any difference about the operation of the bill. It does not affect The question was taken; and on a division (demanded by Mr. whether the thing is going to be inspected or not inspected, WHITE of Kansas) there were 18 ayes and 17 1:10es. prohibited or not prohibited. I was thinking about the index, Mr. VOIGT. 1\Ir. Speaker, I object to the vote on the ground and I thought if horsehair is referred to in the title it would that there is no quorum present. give some aid. However, if the gentleman does not want it, The SPEAKER. The O'entleman from Wiscon. in makes the very well. point that no quorum is pre ent. The Chair will count. Mr. WEBSTER. I would prefer to have the title as it is. l\fr. VOIGT. Mr. Sp€'aker, I withdraw the point of order. Mr. WALSH. Very well. So the amendment was agreed to. Mr. WHITE of Kansas. Now, Mr. Speaker, I offer my amend­ AMERICAN RED CROSS. ment to section 3. Mr. FESS. Mr. Speaker, I present a conference report upon The Clerk read as follows : Senate Joint Resolution 43, to grant authority to continue the Page 2, line 2, strike out the word "or " after the word " shaving" use of the temporary buildings of the American Red Cross and after the word "lather" insert the words "or hair." ' headquarters in tbe city of \Vashington, D. C., for printing The SPEAKER. The question is on agreeing to the amend­ under the rules. ment. BRIDGE ACROSS MISSISSIPPI RIVER, LA. The amendment was agreed to. The next business on the Calendar for Unanimous Consent The SPEAKER. The Clerk will report the committee amend- was the bill (H. R. 11626) to extend the time for constructing a ment. bridge across the Mississippi River at or near the city of Baton The Clerk read as follows : Rouge, La. Page 2, strike out lines 6 and 7. The SPEAKER. Is there objection to the present considera­ Mr . .i\1ANN. Mr. Speaker, I desire to be heard on the amend­ tion of the bill? ment. When the bill was introduced there was a date as to Mr. WALSH. l\fr. Speaker, reserving the right to object, is it when the bill should take effect. Does the gentleman think that really intended to ever construct this bridge? we ought to pass a bill making punishable a thing of this sort Mr. FAVROT. As I understand it, it is the purpose to con­ where the goods may be on the way, without fixing a date when struct the bridge. the bill shall take effect? Mr. MANN. The gentleman hopes so, anyway. XLII--567 8994 CONGRESSIONAL RECORD-HOUSE. /' JUNE 19,

l\Ir. FAVROT. I hope so, anyway. This was authorized in and other offices will be something like $15,000 to $20,000. 1914, just prior to the breaking out of the World War. Conse­ Why waste that money by making this temporary provision? quently, nothing has been done, because of the war condi­ l\fr. LANHAM:. Mr. Speaker, I quite agree with the gen­ tions and the conditions immediately following the war. This tleman that it would be better policy in this individual case to point is a very important railroad river crossing. Five rail­ increase the authorization and thereby permit the construction roads interchange freight across the river at that point. of a building adapted not only for the post-office bnsine. s but l\Ir. WALSH. Then it would seem they ought to go ahead and for all of the Federal activities. However, this is an emergency construct the bridge. This permission was granted in 1914, was proposition, and this legislation is sought because of the de­ extended in 1916, again in 1919, and now we are asked to extend struction of practically the entire town by fire. It has been it again in 1922. It is not such an important point that anybody subsequently rebuilt. To launch upon a general policy at this down there seems to be sufficiently interested in it to begin the time of increasing authorizations would necessarily involve the construction of the bridge. Committee on Public Buildings and Grounds in much-needed Mr. FAVROT. I just stated to. the gentleman that the fi1·st legislation in this regard, which p1·obably could not now be authorization for the construction of the bridge was just prior brought before the House for consideration. It is the matter to the breaking out of the World War. of avoiding the adoption of that policy at this time that has led Mr. W .ALSH. I observed that from the date given in the to the reporting of this bill rather than of another bill also report. · introduced by l\Ir. BLACK, of Texas, asking to increase the ~Ir. FAVROT. Consequently, nothing was done during the authorization. World War, and the conditions immediately following the World Mr. STAFFORD. Has the gentleman through the commit~ War were such that they have prevented anything being done. tee or otherwise obtained any estimate as to the additional cost Mr. WALSH. What did the World War in Europe between that would be involved by providing a second story so as to 1914 and 1917 have to do with constructing the bridge? ultimately accommodate the court and other officers? Afr. FAVROT. The conditions in this country were in a very l\fr. LA..."N'HAM. Yes, sir; I will say to the gentleman that much demoralized state, and the greater part of the railroads the committee has had that matter up with the Supenising were in the hands of the Government. Architect,.and I have also had it up personally with him. The Mr. WALSH. Between 1914 and 1917? total cost for the completion of the building for hou ing these l\Ir. FA\ROT. Oh, no; but between 1914 and 1917 business various Federal activities would be, according to the e timate conditions in this country, due to the war in Europe, were very of the Supervising Architect, $225,000. much demoralized. Mr. STAFFORD. Has the gentleman any figure from the Mr. WALSH. That is not my recollection. I know that dur­ Supervising Architect as to the wastage there will be by pro­ ing part of that time business was very much demoralized, but viding a concrete roof and making it suitable ultimately for a for a different reason. I have no objection, and I thank the second story? gentleman for the information. Mr. LANHAl\I. I have not that in figures. However, the The SPEAKER. Is there objection? Supervising Architect has a sured me the cost will be relatively There was no objection. slight. This one story and basement will be built in such a The Clerk read as follows: way as to accommodate a second story when authorized, and Be it enacted, etc., That the time for commencing and completing the the flooring of the second story will be built at the time of the bridge authorized by the act of Congress approved July 17, 1914, to construction of this one-story structure, so it will be a very be built aero s the Mississippi River at or near the city of Baton Rouge, La., are hereby extended three years and six years, respectively, simple proposition to remov-e the temporary roof and continue from the date of approval hereof. the second story. l\Ir. MANN. Mr. Speaker, I move to amend by striking out Mr. STAFFORD. I am not an architect or a builder, but I the word " time " and inserting in place thereof the word am at a lo...,s to know how a roof of concrete construction pro­ " times " in line 3. viding for drainage can be so constructed that it can be used The SPEAKER. The gentleman from Illinois offers an for a floor for a second story. My little acquaintance with that amendment, which the Clerk will report. construction leads me to believe that a concrete floor can not The Clerk read as follows: be utilized for flooring purposes for a second story. Line 3, strike out the word " time " and insert the word " times." Mr. LA.i."'\HA.l\l. The gentleman misunderstood me. I did not mean that the concrete floor would erve as a roof, but that in The SPEAKER. The question is on agreeing to the amend- this construction the $170,000, which has been heretofore au­ m~ . thorized, will be sufficient for this first story and th~ base­ The amendment was agreed to. ment and also a :flooring for a second story, and this tem­ The Clerk read as follows : pora~y roof will be placed above that :flooring. The authoriZa­ SEC. 2. That the right to alter, amend, or repeal this act is hereby tion is sufficient for that purpose. expre ~ sly reserved. :\Ir. STAFFORD. Mr. Speaker, I recognize the legislative The SPEAKER. The que tion now is on the engrossment difficulty that the committee has in not providing a ufficient and third reading of the bill. amount for completing the building all at once. and alt~ough The bill was ordered to be engrossed and read a tWrd time, I would rather favor that policy I withdraw the reservation of was read the third time, and passed. objection. On motion of Mr. FAVROT, a motion to reconsider the vote The SPEAKER. Is there objection? [After a pau e.J The by which the bill was passed was laid on the table. Chair bears none~ The Clerk will report the bill. CONSTRUCTION OF PUBLIC BUILDING AT PARIS, TEX. The Clerk read as follows : The next business on the Calendar for Unanimous Consent Be it enacted, etc., That existinp, law autborizing the Secretary of the Treasury to expend $170,000 ' for the purpose of supplying the was the bill (H. R. 11298) amending existing law which au­ necessary building for the Federal court, post office, and other Gov­ thorizes the construction of a public building at Paris, Tex., ernment offices at Paris, Tex.," be, and the same is hereby, amended l!O so as to authorize and empower the Secretary of the Treasury as to au tborize and empower the Secretary of the Treasury, in his discretion, to exchange and convey to the city of Paris, Tex., by the to acquire a new site for same by exchanging therefor land usual quitclaim deed the present Federal building and so much of the and property now owned by the United States Government in site thereof in the city of Paris, Tex., bounded as follows : Fronting said city ;· and to authorize the erection on said new site, when 123.7 feet, more or less, on the east side of North Church Street, and extendin"' eastwardly of that width along the south side of East acquired, a public building suitable for post-office purposes; and Houston "'street 107 .4 feet more or less, for the title in ~ee simple to for other purposes. the site known as tbe Young Men's Christian Association property, The SPEAKER. Is there objection to the present considera­ too-ether with the adjoining site known as the Click lot, bounded as follows : Fronting_ 216 feet, more or less, on the west side of North tion of the bill? Twenty-third Street and extending eastw11rdly between the south Aide l\fr. STAFFORD. Mr. Speaker, reserving the right to object, of East Houston Street and the north side of Lamar Street 71 feet. personally I think the policy of the Government should be, more or less: Provided, Tbat the United States shall have the right to occupy the present Federal building free of cost until the new when it plans to provide ultimately for public buildings for Federal building is ready for occupancy. That upon said new sJte. housing other activities than the post office, to make provision when acquired as aforesaid, the Secretary of the Treasury be, and he once and for all for the construction of the building, because is hereby authorized and directed to cause to be erected a suitable and commodious building. including fireproof vaults, heating and there is the additional expense to which the Government will be ventilating apparatus, approaches, etc., complete, for the use and ac­ put in the construction of a building, as this bill provides for commodation of tbe post office, at not to exceed the limit of cost above an additional superstructure, which will be entirely wasted stated, and said building shall be so constructed that accommodations for the United States courts and other Government offices may be when the new story is added. provided. at a later date at an increase in the limit of cost to be l\Ir. LA1\1HAM. Mr. Speaker, will the gentleman yield? hereafter fixed. The general annual appropriations for the repair, l\fr. STAFFORD. I estimate offhand that the amount in­ mechanical equipment, maintenance, and operation of public buildings .. rnder the control of the Treasury Department shall be available for volved to carry out a provision of this kind for constructing so the present Federal building in said city so long as said building shall that accommodations will be ultimately provided for the court be occupied by the Government. 1922. CONGRESSIONAL RECORD-HOUSE. 8995

Statement showtng under approp1·iations pt·ovided by Congress for Mr. LANHAM. Mr. Speaker, I offer the following amend- Federal aid to States (1) disbursements by wan·ants, etc.-Contd. ment. The SPEAKER. The Clerk will report the amendment. The Clerk read as follows: ; Disburse- Estimated Appropria- e~nditures, Page 2, line 12, strike out the word " Click" and insert in lleu ments, fiscal tions; fiscal year 1921. year 1923. th~reof the word " Glick." l~ear Ir. LANHAM. Mr. Speaker, that is a typographical error in the description of the lot. DEPARTMENT OF THE INTERIOR--COn. The question was taken, and the amendment was agreed to. Aid to States, "Five, three, and two 'Ihe bill as amended was ordered to be engrossed and read fer cent funds to States (lands)" the third time, was read the third time, and passed. R. S. p. 728, sec. 3689; act of June l\lr. LANHAl\1. Mr. Speaker, I ask unanimous consent that • Zl, 1906 (34 Stat. 518, sec. 1) ...... $138, 193. 03 1 $50, 000. 00 1 $50, 000. 00 the title be amenderl by inserting the word " of " before the DEPARTME~T OF AGRICULTURE. words "a public building" after the word "acquired." Payments to States and Territories 'The SPEAKER. Without obje<'tion, the title will be amended from the national forest fund, acts Mar. 4, 1907 (3! Stat. 1270); 11Iay 23, in accordance with the suggestion of the gentleman. 1908 (35 Stat. 260); Mar. 1, 1911 (30 There was no objection. Stat. 963); June 30, 1914 (33 Stat. 441). 1, l&O, 033.13 l 1, 107, 500. 00 l 1, 200, 000. 00 On motion of Mr. LANHAM, a motion to reconsider the vote Payments to school funds, Arizona and ew Mexico, nationa.l forest . by which the bill was passed was laid on the table. fund, act June 20, 1910 (36 Stat. 557). 73, 229. 75 170,OOQ,00 i 70, 000. 00 EX'I'ENSION OF REMARKS. General expenses, States Relations Service: Under that portion of the Mr. RAMSEYER. Mr. Speaker, I ask unanimous consent to appropriation that provides for agri­ extend my remarks in the RECORD on Federal aid to States. cultural experiment stations in con­ 1 nection with colleges established in The SPEAKER. .rhe gentleman from Iowa asks unanimous the several States, acts Mar. 2, 1887 consent to extend his remarks in the RECORD in the manner (24 Stat. 440); Mar. 16 1906 (3-l Stat. inilicated. 63); and Mar. 3, 1921 Cil Stat. 1333) .. II,~ 000. 00 I 1, 440, 000. ()(} 1, 440, 000. 00 Cooperative agricultural extension l\Ir. WALSH. The gentleman's own remarks? work, acts May 8, 1914 (38 Stat. 373), Mr. RAMSEYER. They are not. I requested the Treasury and Mar. 3, 1921 (41 Stat.13:;9)...... 5,031,577. 73 5, 580, 000. 00 4, 580, 000. ()() Department to give me a list of the various projects, the statutes Cooperative construction, etc., of roads and trails, national forests, act July authorizing them, the amount of money spent last year, and 11, 1916 (39 Stat. 358)...... 1, 224., 736. 77 1, 720, 000. ()() 1, 000, 000. 00 the estimates for this year, and the appropriations for the next Cooperative construction of rural post year. roads, act July 11, 1916 (39 Stat. 356), Nov. 9, 1921 (42 Stat. 212) ...... 57,452,056. 48 8.5, OO'J, 000. ()() (3) Mr. WALSH. The gentleman does not call that Federal aid Federal forest road construction, pos- to the States? tal act Feb. 28, 1919 (40 Stat.1201)... 3,821,409. 75 2, 000, 000. ()() (4) Mr. IlAJ\1SEYER. It comes under this heading-23 different Forest road development, act Nov. 9, 1921 (42 Stat. 212) ...... 2, 500, 000. ()() 3, 000, 000. 00 projects. Forest bi~hways, act Nov. 9, 1921 (42 Mr. WALSH. It is aid by some States to others through Fed- Stat. 212) ...... 2, 500, 000. 00 7' 000, 000. 00 eral agencies. FEDERAL BOARD FOR VOCATIONAL l\1r. RAMSEYER. I have used the term as it is generally EDUCATION. used. Cooperative vocational education in The SPEAKER. Is there objection? agriculture...... 1, 071, 814. 37 1, 362, 600. 00 1, 761, 000. 00 Mr. CRA.MTON. Mr. Speaker, reserving the right to object, Cooperative vocational education in trades and industries...... I, 037, 711. 45 l, 372, 500. 00 1, 772, 000. OJ which I do not expect to do, I have noticed of late wheu such Cooperative vocational education, requests as these have been made that there has been a grow­ teachers, etc., act Feb. 23, 1917 (39 ing tendency to insert the extended remarks in the proceedings Stat. 929-936)...... 798, Sf!l. 96 981,000. 00 1, 090, 000. 00 Cooperative vocational rehabilitation instead of placing them in the back of the RECORD. This ap­ of persons disabled in industry, act peals, I think, to many of us as being a very bad practice, mak­ June 2, 1920 (41 Stat. 735-737)...... 469, 819. 30 768, 000. 00 1, 034, 000. 00 mg it difficult to foUow the real proceedings of the House. I INTERDEPARTMENTAL SOCIAL HYGIENE a sume the gentleman does not expect to put this insertion in BOARD. the body of the proceedings? Ald to States in protection of military Mr. RAMSEYER. I would rather have them appear in the and naval forces against venereal dis- back of the RECORD, as it will attract more attention. Very eases ...... 393, 115. 82 200, 000. 00 ...... - .... . Payments to States for prevention, many people commence reading the back part of the RECORD etc., venereal diseases ...... 223,676. 70 an

fiscal year. DEPARTMENT OF LABOR. Statement showing under appropriations provided by Congress for Federal aid to States (1) disbursements by warrants dt"ring "fiscal Promoting welfare and hygiene of year 1921, {ll) estimated ea;penditures for fiscal year 19gz, and (S) maternity and infancy, act of Nov. oni,ounts appropriated for "fiscal year 1923. 23, 1921 ( ~ Stat:; 224) ...... 490, 000. ()() 1, 240, ()()() oq 1 Estimated expenditures from receipts to be appropriated under these titles !OJ Disburse­ Estimated Appropria­ fiscal years 1922 and 1923. - e~enditures, ments, fiscal tions, fiscal s Amounts appropriated for 1921and1922. It is impra(!ticable for this departm@~. year 1921. ~ear year 1923. to show the exact expendi~ures un~er that portion of the ~ppropriations for "Gen­ e!al expenses, States Relations Service" that relates to agnml.tural e.qieriment sta­ tions, as they are mingled with other expenditures under the several activities covered by this appropriation. DEPARTMENT OF THE INTERIOR. 3 ~o amount apf>ropriated for 1923, but there will be available for expenditure dunng 1923 approxrmately $170,00Q~OOO on account ofappropriations previously made. Colleges for agriculture and mechanic 4 The Post Office J?epartment bill for 1923 passed the Senate carryrng $50,000,000 for arts, acts July 2, 1862 (12 Stat. 503); the purpose of carrymg out the provisions of the Federal highway act of 1921. This A.ug. 30 1890 (26 Stat. 417); and Mar. 4, 1907 (34 Stat. l?Sl)...... $2, 500, 000. 00 $2, 500, 000. 00 $2, 500, 000. 00 bas not as yet become a law. Payments to States from receipts ~No amounts estimated for the fiscal years 1922 and 1923. under oil leasing act, act of Feb. 25, 6 The act of Feb. 17, 1922 (42 Stat., 381), provides that of the $4-001000 appropriated 1920 ( 41 Stat. 450)...... 1 1, 569, 308. 00 l 1, 500, 000. 00 the sum of $225,000 shall be allotted to States for cooperative work lll the prevention and control of venereal diseases. i Estimated expenditures from re:!eipts to be appropriated under these title3 for fiscal years 1922 and 1923. Division of Bookkeeping and Warrants, June 8, 1922. 8996 CONGRESSIONAL_ RECORD-HOUSE. JuNE 19,

BRIDGE ACROSS NIAGARA BIYER BETWEEN NEW YORK AND CA.NADA. TERM OF UNITED STATES DISTRICT COURT AT SELMA, A.LA. The next business in order on the Calendar for Unanimous The next business !n order on the Calendar for Unanimous Consent was the bill (S. 3458) to authorize the Niagara River Consent was the bill (S. 3156) to change the terms of the dis­ Briuge Co. to reconstruct its present bridge across the Niagara trict court for the northern division of the southern district River between the State of New York and the Dominion of of Alabama. Canada, or to remove its present bridge and construct, main­ The SPEAKER. Is there objection to the present c9~it;iera­ tain, and operate a new britlge across the said river. tion of this bill? The Clerk read the title of the bill. Mr. VOIGT. Mr. Speaker, may I inquire what the number 'Ihe SPEAKER. Is there objection to the present considera~ of the bill is that is under consideration? tion of this bill? [After a pause.] The Chair hears none. The SPEAKER. Either the calendar number is wrong or the The Clerk will report the bill. Clerk reported the wrong bill. The Clerk read as follows: Mr. STAFFORD. It is 331 on the Unanimous Consent Cal­ Be it enacted, etc., That the Niagara River Brid~e Co., a corporation endar. which heretofore, under lawful authority then existing, constructed a cantilever bridge across the Niagara River between the United States The SPEAKER. The title as printed on the calendar appar­ and Canada, such bridge having been duly declared by act of Congress ently is wrong. The Clerk will again report the title. to be a lawful structure and an established post l'oute of mail of the The title was again reported. United Stat€S, is hereby authorized to enlarge, change, and alter its present bridge, or to remove its present bridge and construct, maintain, Mr. MOORE of Virginia. The bill does amend the judicial and operate a new bridge and approaches thereto across the Niagara code with reference to the northern district of Alabama. River, at a point uitable to the interests of navigation, upon the pres­ The SPEAKER. The same bill has two different titles. Is ent site. or on a new site north of and near the site of the present bridge, in lieu thereof, in accordance with the provisions of the act en­ there objection to the present consideration of the bill? [After titled "An act to regulate the construction of bridges over navigable a pause.] The Chair hears none. The Clerk will report the waters," approved March 23, 1906: ProvidedT That before the construc­ bill. tion of the said bridge shall be commenced, all proper and requisite authority therefor shall be obtained from the Government of the Do­ The Clerk read as follows : minion of Canada. An act (S. 3156) to change the terms of the district court !or the Smc. 2. That for the purpose of carrying into effect the objects of northern division of the southern district of Alabama.. this act the Niagara River Bridge Co. may receive, purchase, and also Be it enacted, etc., That the last sentence of section 70 of the Judi­ acquire by lawful appropriation and condemnation in the State of New cial Code, as amended, is amended to read as follows : York upon making proper compensation, to be ascertained according to "Terms of the district court for the southern division sbaJl be held the laws of that State, real and personal property and rights of prop­ at Mobile r is to provide a site suitable to the interests of navigation, to the middle division, at Gadsden on the first TuPsdays ln February and be approved by the War Department, and that has been the August : Provi

~ of. saJd distri~; als.o the territory en)bra,ced.-0n tlae -0.a.te taet .m~ntloned the ~ State• o:fl California and held that •positiorr until 190-3 when hi the conntleS 1 of Dallas, Hale, Mai:engo-, Perry- and Wllcvernor ·presldUlg, Justice of the· third dil'>trict court- fo.r tbe soutbern division sh!Ul be he:lf.. expense to the United Sta.tes..'' is now 87 years old. / Mr. McDUFFIE, Mr. Speaker~ I move to amend by striking, 1 Memorial Day_was first observed in 1868 ·on an order issued out the proviso on page 5, lines 12 and 13. by Gen. John A. Logan, who was at the time a ·Represeutative The SPEAKER; The, gentle.man from Alabama offers an in Congress from1Illinois and who wag· c'ommander•in chief of amendme.l)tJ which, the Olerk will report. the Grand Army, of the Republic. Gen. N. P. Chipman was at The Clerk read as follow.a: the. time the. adjutant general of the- Grand Army of the Re- Amendment offered by Mr~ McDUFFrm to the committee. amendment~ public-, and as- such promulgated the order. He is the onlY' Page 5, lines 11 and 12 a.nd _l3, strike out the proviso. living man who wag connected as an official of the Grand Army 1 Mr. M.GDUFFIE. This proviso was in the bill some years· of the·· Republic in formulating, issuing, and promulgating the ago before the Government building wns constructed in the city order; and I believe his statement of the origin of Memorial of Selma at which to hold sessions of this coUl't. It having been Day to be of sufficient historic interest to warrant its publica­ constructed, this language is surplusage, and therefore I offer tion in the CoNGRESSIO~AL · REconn. an amendment to the committee amendment to the Senate bill. S.4.N FRANCISCO, CALIF., does not affect· the time of holding· the at any other m Bush Street, June 10, 192Z. It court Hon. CHA.RLES . F~ CURRY, time in the State of Alabama. It simply changes it foi- the, Washington, D. O: benefit of the parties, witnesses; and attorneys irr the city of, DEAR M.R. CURRY: Your letter inclosing the clippjng from Washington Selma, Ala., and that territory. T1mes giving Mrs. Logan's version of the origm of Memorial Day 1s received,. and I thank yon for taking the trouble to send it to me. The SPEAKER. The question is on agreeing to the amend­ . Last year •the Woman's Relie! Corpi;i, an auxiliary of the Grand .Army ment. of the Republic, requested me to write the story of the origin and pur­ The amendment was agreed to. pose of Memorial Day, of whlch I am !!ending a copy. This account is in. accord with: the actual facts as accepted by the. Grand Army and Mr. WALSH. Mr. Speaker, I desire to offer an amend• published in its blue boo& many ,Years ago. ment, the necessity for which was brou~ht to my attention by I have never known that Mrs. Logan gave a different version until it the gentleman from Illinois. In line 11, page 1, after the appeared ·in ,a -Washington paper· after the Woman's Relief Corps had sent out the inclosed lea.tlet. figures "1911," insert the words "as amended"; and after the In a speech· on Memorial Day at Sacramento in 1884 I gave this. word "hereby," in the same line, insert the word "further." account. It was pl;lbliehed in paIDRhlet ·form and widely distributed The SPEAKER. The gentleman 'from Mnssachusetts offers This was two -0r three iears before General Logan died and years before had been accepted by toe Grand Army as the true history of the origin an amendment, which the Clerk will report. of General Logan's order instituting Memorial Day. I have great re­ The Clerk read as follows : gard fot: l\I.ra. Lo_gan, and under no circum~tances would I enter any Amendment offered by Mr. WALSH: Page 1, line 11, after the figures, controversy with her. " 1911," insert "as amended"; and in the same line. after the. word· I am looking ".forward to -a visit from you this summer when you come "hereby," insert the wordi "further." home, if you can sp e me the time. t - With best personal regards, I am yours sincerely. The SPEAKER. The question is on agreeing to the amend- N. P. CHIP~J:A~. ment. • The amendment was agreed to. MEMORIAL DAY-. Mr. WALSH. Mr. Speaker, I desire to offer the following (Instituted May 30, 1868.) amendment : On page 4, line 25, strike out the word " dlvision" ITS • ORIGIN AND PURPOSE!. nnd insert the word "divisions." The frequent- inquiries.from various parts of the country with regard The SPEA.KEJR. The Clerk will report• the, amendment. to the or.igin and purpose of Memorial Day, and the erroneous state­ ments made concerning some of the facts which have been called to my The Clerk read as follows : attention, impel me to put in printed form the true history of the Amendm®t offered by Mr. WALSH: Page 4, line 25, strike out the observance. word " division " and insert. the word " divisions/' The organization known as the Grand Army of the Republic is com­ posed of the veteran soldiers, snilo:rs, and marines who carried the flag The. SPEAKER. The question is on agl'eeing to the amend­ of the Republic to victory during the great rebellion ot 1861-1865 ment. This unique and patriotic as ociation of·the ·loyal soldiers of the Nation The amendment was agreed to. came ·into being ~ in • 1866. It spread rapidly throughout the Northern States, and by 1868 it had n.ch1eved a nation-wide body with .national The SPEAKER. The question is orr agreeing to the com· headquarters at the National Capital, having department organizations mittee amendment. embracing posts in cities and· towns and a membership of several hun­ The committee amendment was· agreed to. dred thousand Its fundamental object was expreS'Sed in the three words, "fraternity, charity, loyalty." The SPEAKER. The question- is on the third reading· of the­ In 1868 Gen. · Jobn· A. Logan, who typified the-hig:qest example of the Senate bill. volunteer soldiel'., was, commander in chief and I was adjqtant general The bill was ordered to be read a third time, was read the of this splendid organization. I will nQt now . trace its growth and influence- upon the national life during the half century it bas been the third time, and passed. • Nation's- great school of patriotism. Its membership is rapidly yielding The title was amended, as iollows: to the rava~es of time a.nd old age, and will in a few yea.rs cea'Se to exist. But its spirit survives and will in the uncharted future of our An act to amend section 70 of the Judicial Code. beloYed country continue to shed its inspiring influence so long as the On motion of Mr. McDUFFIE. a motion to reconsider the vote sentiment of liberty and. free government is the guiding motive of our people. by which the bill was passed was laid on the table. Early in May, 1868, I received a letter from a comrade residing in Cincinnati, Ohio, suggesting rthat in. some of the countrieit ol Europe it EXTENSION OF BEl!.ARK~ was the custom to 'Strew with flowers in the springtime the graves. <>f heroes who had fallen in defense of their country, and asked if such Mr. CURRY. Mr. Speaker, I ask unanimous consent to ex­ custom would not be approprill.te to commemorate the services of our ! tend my remarks in the RECORD by publishing a short letter and coID..J1ades who had given their lives that the Nation might not perish. I statement which I have received from Mr. N. P. Chipman witb Upon reading this letter there ,seemed to me to open-up· a great oppor­ tunity through our organization to institute observances which might reference to the origin and purpose of Memorial Day. grow into a custom- that would .help to advance its great objects, and at The SPEAKER. The gentleman from California asks unani­ the same time be- a fitting mean'S of perpetuating memories of our mous consent to extend his remarks ·in the RECORD for the pur­ departed comrades. pose indicated. Is there objection? [After a pause.] The: Moved by the thought wbich had thua been inspired, 1 made a rough draft on. May ~ 1868, of General Orders, No. 11, and took it to General Chair hears none. Logan at the 11ouse of Rep.resentatlves, who promptly approved of its Mr. CURRY. Mr. Speaker, the history of the origin of issuing, and after havini: insei:ted a para.graph directed me to is.Sue the order at once. · Memorial Day is of great interest, and the following letter and My object was to have the ceremonies come in a spring month, but statement on the subject I have received from Gen. N. P. Chi~ to postpone ir to a date. which ,would. give opportunity for flowers to man containft accurate and valuable information that should mature. The 81.st of May that year fell upon. Sunday, and so I named May 3Q. Tbts is the true and .only reasou for having named May 30 be preserved. General Chipman had a brilliant record in the as the date to be observed: Civil War. After the war he practiced law in the city of Wash­ The order was given to th-e Associated Press and was- sent to all parts ington. In 1870 he was appointed Secretary of' the District of of the country as rapjdly as., t ~legraph and mall could convey it. The day was observed 'b'.v comrades of the Grand Army of the Republic, Columbia by General, then President, Grant. He resigned and aided by citizens, in 27 States of the Union ; very imposing ceremonies was elected Delegate to the Hoase of Representatives; serving were observed at the Arlington Cemetery, in the District of Columbia, two terms from 1871-1875. He is the·only man who ever sat in at which Gen. James A Garfield, afterwards President of the United States; delivered the principal address. Congress as a Delegate for the District of Columbia. In 1876, Annually on- each! succeeding 30th day ofo.May this trlbute-to the loyal after the form of the District government had· been• changed,1 heroes of the -Civil War has been observed. he located in California and engaged in the pra~tice of· the law By usage and custom the observance· ha.s • broadened out so as to Include the" graves of our dead of· all previous- w.ars, of.1 the Spanish­ and in industrial enterprises-and social · welfure •wock~ lb 1897J American War.. and•the ·World War. Some- touehing and beautiful cere he was appointed one of the supreme court commissioners of• monies-were held overseas last·Mem.oria.l DayJas testimonials.of love an --..;. ... 8998 CONGRESSIONAL RECORD-HOUSE. JUNE 19, ·

respect for those who had died in the great World War in defense of On .April 12, 1869, I i!tSUed General Orders, No. 21, by direction of liberty, self-government, and the freedom of the seas. A very beautiful General Logan, calling attention of departments and posts to the ceremony has been instituted, embracing the scattering abroad of fiowe.rs approaching Memorial Day, and " as the 30th of May occurred on on the ocean in honor of gallant sailors and marines who perished at Sunday posts were at liberty to observe either that day or Saturday, sea. the 29th." The purpose of instituting Memorial Day very clearly appears in the The ceremonies for 1869 were very much more general than in general orders, ~s follows : the preceding year, and were held in 31 States. HEADQUARTERS GRAND ARMY OF THE REPUBLIC, Reports of the proceedings throughout the country were sent to Washington, D. O., May 5, 1863. the headquarters, and were edited and published in book form as a. General Orders, No 11. private enterprise. No similar 'publication of Memorial Day proceed­ 1. The 30th day of ?\fay, 1868, is designated for the purPQse of mgs has since been issued. strewing with fiowers or otherwise. decorating the graves of comrades The foregoing is the simple story of the origin and purpose of who died in defense of their country during the late rebellion, and whose Memorial Day. bodies now lie in almost. every city, village, and hamlet churchyard in For more than half a century the sacred and beautiful ceremonies the land. In this observance no form of ceremony is prescribed, but in honor of the Nation's heroic dead have been observed, and by the posts and comrades will in their own way arrange such fitting 'Services legislatures · of many States of the Union May 30 has been declared and testimonials of respect as circumstances may permit. a legal holiday. Thus have been realized the hopes of the Grand Army We are organized. comrades, as our regulations tell us, for the pur­ of the Republic expressed in General Orders, No. 11. pose, among other things, of preserving and strengthening those kind N. P. CHIPMAN. and fraternal feelings which have bound together the soldier·s, sailors, SACRAMENTO, CALIF., March 28, 1921. and marines who united to suppress the late rebellion. Wbat can aid RE TS, ROYALTIES, AND BONUSES, NA.VAL PETROLEUM RESERVES. more to assure this result than by cherishing tenderly the memory or our heroic dead, who made their breasts a barricade between our country The next business in order on the Calendar for Unanimous and its foes? Their soldier li"'es were the reveille of freedom to a race in chains and their death a tattoo of rebellious tyranny in arms. We Consent was the bill (H. R. 11363) granting a portion of the should guard their grave'S with sacred vigilance. All that the conse­ rents, royalties, and bonuses rec.eived from lands within na•al crated wealth and taste of the Nation can add to their adornment and petroleum reserves to the States within the boundaries of which secmity is but a fitting tribute to the memory of her slain defenders. Let no wanton foot tread rudely on such hallowed ground. Let pleasant said reserves are located. paths invite the coming and going to reverent visitors and fond mourn­ The SPEAKER. Is there objection to the pre ent considera­ er . Let no vandalism of avarice or neglect, no ravages of time, testify to the ore.sent or to the coming generations that we h[lve forgotten as tion of the bill? a people the cost of a free and undivided Republic. Mr. GRAHAl\1 of Illinois. Reserving the right to object, 1\Ir. If other eyes grow dull and other hands s1ack and other hearts Speaker, I think this bill is of so much importance and ha cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remain to us. such large financial interests involved that I do not believe it Let us, then, at the appointed time gather around their sacred ought to pass at this time by unanimous consent. remains and garland the passionless mounds above them with the Mr. MONDELL. Mr. Speaker, will the gentleman re erve the choke.st fiower of springtime. Let us raise above them the dear old fiag thev aved from dishonor. Let us in this solemn presence objection? rene"" our p'Iedges to aid and assist those whom they have left among Mr. GRAHAM of IllinoiS". Yes; I will. us, a sacred charge upon the Nation's gratitude-the soldier's and 1\Ir. MONDELL. This bill simply follows out a policy of the sailor' widow and orphan. 2. It is the purpose of the commander in chief to inaugurate this Government that we have adhered to since the foundation of observance, with the hope that it will be kept up from year to year the Government. It is not a new policy in any way. It i~ whi1e a survivor of the war remains to honor the memory of his applying to some small areas a policy that we have applied from departed comrades. He earnestly desires the public press' to call attention to this order and lend its friendly aid in bringing it to the the beginning to all areas that have been permanently re erved notice of comrades in all parts of the country in time for simultaneous ancl in a. smaller sum in its relief to the States than we ha \e compliance therewith. heretofore provided for for tp.eir permanently resen-ed area". 3. Department commanders will use every effort to make this order el'l'ective. We give all Of the States 25 per cent of the receipt from the By order of forest reserves. We gave the States 20 per cent of the im­ JOHN A. LOGAN, pounded royalties from oil lands, impounded during the con­ Oommander in Chief. N. P. CHIPMAN, sideration of the leasing bill. We gave them an· per cent of all Adjutant General. the receipts under the leasing bill. This is 20 per cent com­ It seemed to me that this ceremonial was of sufficient importance pared with 37 ! per cent in the matter of other lands lying im­ to justify its recognition in some manner by the Nation, and, so mediately adjacent to all these lands. It is 20 per cent a belie"'ing, I uggested to General Logan that he secure the passage of a resolution by the House of Representatives authorizing the pub­ against 37! per cent. It is a policy that we have followed right lication of the proceedings on Memorial Day, which I thought could along and carried out, and carried out with a smaller propor­ be obtained by communicating with the various posts and depart­ tion of the royalty to the States than they are receiving from ment headquarters. General Logan thereupon offered and there was pasi;:ed the following resolution : · adjacent areas. CONGRESS OF THE UNITED STATES, Mr. GRAH..'1M of Illinois. Well, Mr. Speaker, it m~y be all IN THE HOUSE OF RIDPRESENTATlVES, right. It comes from very respectable ources, but I do not June 22, 1868. like to sit here and consent to its consideration now. If I did On motion of Mr. Logan, Resol,,;ed, That the proceedings of the diJl'erent cities, towns, etc., it would seem that I would be bound by it. If the gentleman recently held in commemoration of the gallant heroes who have sac­ will consent to have it passed over without losing its place on rificed their lives in defense of the Republic and the record of the the calendar, that will satisfy me, and I shall inform myself ceremonial of the decoration of the honored tombs of the departed shall be collected and bound under the direction of such person as the on it. • Speaker shall designate for the use of Congress. l\fr. 1\IONDELL. It is not a question of whether I would be Attest: willing to do it or not; I would have to. This is the only bill EDWARD McPHERSON, Olerk. that " the gentleman from Wyoming" has had on the Unani­ HOUSE OF REPRESENTATIVES, Washington, Jmw 22, 1868. mous Consent Calendar in this Congress. Frank Moore, Esq., editor of the Rebellion Record, is hereby appointed l\fr. GRAHAM of Illinois. Well, I dislike very much-- under this resolution. Mr. 1\fONDELL. We have passed many important bills to­ SCHUYLER COLFAX, day. Speaker House of Representatives. l\Ir. McLAUGHLIN of Michigan. Does not the gentleman To carry out the object of the resolution, I prepared and General Logan directed to be issued the following: from Wyoming think that this bill is of such a character that HEADQUARTERS G11A ·n ARMY OF THE REPUBLIC, it ought to have more consideration than it is likely to ha•e Washington, D. 0., June 25, 1868. under the existing conditions? GENERAL ORDERS, No. 14. Mr. MONDELL. Well, if the bill were not a bill that follows The commander in chief calls attention to the congressional action a uniform policy, a policy which we established a great many with regard to the memorial ceremonies on the 30th ultimo. years ago, which we have followed without variation as to all In order to make successful this effort to perpetuate the record of a just tribute ·to our patriotic dead, departments, posts, and comrades lands permanently reserved-- will forward to these headquarters everything pertaining to the cere­ Mr. McLAUGHLIN of Michigan. And as to the wisdom of monies alluded to which can aid to complete the work proposed-­ which there is a wide difference of opinion-- newspaper paragraphs, editorials, and reporters' accounts, and also It manuscript copies of addresses and observances which may not have Mr. MONDELL. Well, I do not know as to that. is along been printed. It is hoped that material may be collected out of which the line of an established policy. The committee of which the a book of value to the country may be edited. gentleman is an honored member, the Committee on Agriculhll'e, By order of • JOHN A. LoGAN, long since gave the States 25 per cent of the receipts of the Oommander in Ohief. forest reserves. N. P. CHIPMAN, Mr. McLAUGHLIN of Michigan. Those bills came from tl1e Adjutant General. Committee on Public Lands. In response to this order there came to headquarters prompt and quite complete proceedings by the various posts upon Memorial Day, Mr. MONDELL. No. Those bills came from the Committee which I placed in the bands of Mr. Frank Moore, pursuant to the action on Agriculture. of the House of Representatives. Mr. McLAUGHLIN of Miclugan. If the gentleman from Illi­ The book was gotten out in 1869 and the usual number of 250 copies printed by order of Congress. Later the stereotype plates were nois [Mr. GRAHAM] is not going to object, I object, :Ur. used by Mr. Moore in publishing the book for general circulation. Speaker. 1922. GONGRESSIONAL RECORD-HOUSE. 89991

Mr. GRAHAM of Illinois. I was going to ask unanimous Mr. MANN. I feel myself, as the gentleman does, like avoid­ coru;ent that the bill be pas ed over without prejudice. ing much of this stuff that is put in i:he RECORD. But I do have The SPEAKER. The gentleman from Illinois asks unanimous' sympathy for those who read the permanent RECORD; and the consent that the bill be passed over without prejudice. Is number of people who look at the permanent ·RECORD is much there objection? greater than the number of those who look at the temporary 1\lr. "VOIGT. Ur. Speaker, I want to object to the considera­ RECORD.. and all of this matter appears in its I>roper place in the tion of this bill. permanent REco:an, at the point where it is offered. The SPEAKER. If the request ot the gentleman from Illi­ i\Ir. CRAMTON. Mr. Speaker, my desire, the accomplish­ nois [Mr. GRAHAM] is granted.- it can not be considered to-day. ment of· which has been contributed to by the gentleman from It will go o\er until the next time. Is ther.e objection to the Illinois, has been simply to get the matter before the House and: request of the gentleman from IUinois? before the Committee on Printing. There was no objection. The SPEAKER. The time of the gentleman has expired. l\lr. CR.A.....'1TO:N'. Mr. Speaker1 I ask unanimous consent to The clerk will report the next bill proceed for one minute out of order. DEPARTMENT OF LABOR. The SPEA.h.."'"ER. The gentleman from Michigan asks unani­ mous consent to proceed for one minute out of order. Is there The next business on the Calendar for Unanimous Consent objection? was the bill (H. R. 11155) creating the positions of Secondi There was no objection. ABsistant Secretary and private secretary in the Department of ~Ir. CilAl\lTO:N. A few minutes ago, when the request was : Labor. made by the gentleman from Iowa [Mr. RAMSEYER] for an ex-­ The clerk read the title of the bill ten ion of remarks, I made some remarks on the growing prac­ The SPEAKER. Is there objection to the present considera­ tice of inserting in the body of the proceedings of the House· tion of the bill? speeches or addresses or papers that had been presented with l\fr. WALSH. l\Ir. Speaker, a number of gentlemen who are learn to print. I think probably the remarks that I made would interested in this measure and one or two who are opposed to it appear to be criticism of the course of' l\Iembers of the House. are absent. Among them is the gentleman from Illinois [1\.Ir. Since making th,ose remarks my attention has been called by l\1ADDEN], who is engaged in his duties as chairman of the Com­ the reporters and others to the fact that this changed custom mittee on· Appropriations. is not the fault of the Members of the House, but is due to the Mr. RA. ....\ISEYER. The gentleman from Illinois [Mr: AiADDEN] action of the Government Printing Office, where, in many cases, is present. when a document is presented with leave to print and the docu­ Mr. :MADDEN. I object to the consideration of the bill. ment is sent to the GO'\·ernment Printing Office with a notation upon it to put it in the back of the REcoRD, instead of in the LEAVE TO EXTEND REMARKS. proceeding., that notation or request of the 1\lember is disre­ Mr. OLDFIELD. Mr. Speaker, I ask unanimous consent to. garded by the Go,·ernment Printing Office. Hence the Members extend my remarks in the RECORD by printing an article by the• of the Hou e are not to blame for the change of the custom. gentleman from New York [Mr. TEN EYCK] on Marketing Farm Looking at the rules for the publication.. of the RECORD, which Products and Other Farm Problems. are entirely in the control of the Joint Committee on Printing, l\Ir. TEN EYCK is a member of the Committee on Agriculture, I find subdivision 7 provides: of the Honse, as. well as a member o:C the Joint Commission of The Public Printer will arrange the contents of the RECORD as fol­ Agricultural Inquiry, and has done valuable work on both of low : First, the Senat~ proeeedings; second, the House proceedings ; these important committees in the interest of the farmer. When third, the speeches withheld for revision. the Joint Commission of Agricultural Inquiry first convened, There appears to be nothing that would co>er an extension, he mad0' certain reeommendations as regards its organization that would permit it to go into that same day's RECORD except and policy which met with approval and (see note A) were ln the back of the RECORD. It seems to me-and I simply want beneficial in the proper functioning of this com.mission. to make this suggestion-that the Joint Committee on Printing, He is a dirt farmer and thoroughly understands the farmer's which has the matter entirely in control, could abate this abuse present conditions and the needs of aoariculture not only in his. which the Public Printer is said. to ha>e brought about by add­ own State but throughout the entire country. ing an amendment to paragraph 7, so that it wru read: The SPEAKER. The gentleman from Arkansas asks unani­ SP.Yenth. The Public Printer will arrange the contents of the RECORD mous consent to extend his remarks in the RECOBD by publish­ as follow: : First, the Senate proceedings; second, the House proceed­ ings; third, the speeches withheld for revision and leaves to print. ing an article by Representative TEN EYCK on Marketing Farm Products and Other Farm. Problems. Is there objection? Mr. MA.NN. lli. Speaker, will the gentleman yield? l\Ir. CRAMTON. Reserving the right to object, with the un­ Cil~ITON. Mr. Certainly. derstanding that i~ shall be printed in the back of the RECORD, Mr. MA.NN. The gentleman knows that in the permanent I have no objection. RECORD these things will come in their proper places, where the, Public Printer now puts them. The gentleman wants them to. Mr. OLDFIELD. I .will be· glad to do that. be put at the end of the temporary RECORD, thereby incurring l\Ir. CRAJ\ITON. With that understanding I will not object. the added expense of putting them in the proper place in the" The SPEAKER. With. the understanding th'at it will be.. permanent RECORD, and it is more or less of an expense. The printed in tl1e back of the RECORD is there objection? only reason for putting them in the end of the RECORD is that There was no objection, ifi:hat is done l\lembers are not required to read them. Would. The extension of remarks referred to are here printed in full it not be better to leaTe them out if Members are so desirous1 as follows~ to avoid seeing them? THl!I FARMERS HAVE "LET GEORGE Do· IT" TOO Lo~G AND AT GREAT COST . TO THEMSFJLVES--CONGRJCSSMAN TEN EYCK, OB' NEW YORK, l\fr. CilAMTON. That would seem to be so, but l\Iembers POI?l."TS TO THE NECESSITY OJI' A GREATLY IM.PROVED AGRICUilrUIUL seem loath to object to those insertions. My purpose was to CRllDIT SYSTEM-PRllSENTS SOME NEW AND HELPFUL IDEAS. bring the matter to the attention of the Joint Committee on [By PETER G. TEN EYCK.] Printing, for their consideration. Often in looking orer the (Congressman TEN EYCK was bom and raised on a. farm. From day's proceedings and trying to keep up with what is going on, experience gained in the course of many yea.rs farming aetivities, be I find 1(} or 12 pages of extTaneous matter interjected into the is qualified to present suggestions regarding the present. and past proceedings, and ha\e to wade through. those pages to find out causes of agricultural troubles. Mr. TlaN EYCK fu·st operated what, in the East, is called a general farm, later a market garden farm, and what actually happened, and that is somewhat of a nuisance: at present owns and operates a fruit and cattle fa.rm. He is also con­ Mr. l\I.A...~. That is the place where it will be in the perm~ nected with vari<>us farm organizations and agricultural societiP.'I. He nent IlEco:an. That is where other people in the country will is a member of the Committee on Agriculture of the Honse of Repre­ bave to find tho e insertions 'When they are reading the RECORD. sentatives, a member of the Joint Commission on Agricultural Inquiry, and a member of the governing board ot the New York State Agri­ 1\.Ir. CRA.MTON. I do not know what the additional expense cultural Experiment Station, also pre ident -Of the Albany County Agri­ will be; but it does not appeal to me that it will be much if any. cultural Society and Expo8ition.-The Editor.) My ostensible occupation is somewhat akin to that of printer. The farmers of the country in the past have devoted too much of their energy, time, and attention to the production of their products and I ha-ve had some experience in .such matters, and my impression have given too little attention to the marketing- of produce. They have is that the expense would be negligible. " let George do it," but have found out to their sorrow that whilf?. Mr. MANN. Mach of it has to be reset. George did it. he expeeted a toll b'.om them all out of proportion to the service rendered. What a .farmer is entitled to is a fair return on. his Mr. CR.AliITON. It would not involve a i:esetting of the type. money invested and labor performed. It would involve merely·a new. make-up of. the pages. The basic trouble of, present-day agricultural conditlons is the cost Mr. MANN. It inYolves a new setting ·up of ttre ·trpe of spread, which is the. difference between, the price that the farmer receives for his produce and the price that the consumer pay~ for the Mi:. CRAMTON. Well. the· indexing and paging are different· same article. Tllls condition is caused by ma.ny things, to some o! in tbe tempora:i·y RECORD from that o1 tlier per.manenent REcoRD. which I will endeavor to call atteDti.on~ 9000 CONGRESSIONAL RECORD-HOUSE. 'JUNE 19 - ' CAt'SES OF TROUBLE. That suitable and adequate joint-terminal facilities be establisherl First. An inadequate credit system. Before the land bank was estab­ connecting railways, waterways, and highways, and at the various lished it was almost impossible for a farmer to obtain money by mort­ ~~~i:,rnals ruitable machinery be installed to handle the farmer's prod- gaging his !arm without paying an exorbitant rate of interest and commission. His time or discount loans were lmdesirable, and even Tbat proper warehouse and grain elevators should be built and lo­ to-day it is practically impossible for him to secure money for the length cated at big terminal centers and at export harbors, 1<0 as to accommo· of time of the turnover that some of his products require. Most of this date the farmer's products while en route for export. ran be taken cue of and remedied by proper financial legislation; not GATHERING DATA. all, however. That an attach~ or Government agent be located in each of the Second. The farmer is suffering from the high cost of transporta­ American consular agencies abroad, whose duty it will be to obtain in­ tion. His point of production is of necessity located at great distances formation as regards the farming industry of that particular locality from the large market!'.! of consumption. On account of his products or country, and obtain authentic information as regards the amounts of being bulky and low priced, his freight charges are out of proportion crops raised, the amount of produce stored, the amount of food con­ to the value of the products or the prices be receives. sumed, the amount imported by the Government and from whom im­ MARKETIXG SYSTE:U WRO~G. ported, and the amount imported from the United State~. together with such other information as regards the method of growing the variou · Third. The farmer in marketing his goods is at a disadvantage, on crops, the kinds of seeds used, and the kind of food consumed ; wba t account of the practice of selling his products at the point of delivery pests are prevalent, and the method of eradication of the same, nnd rather than at the point of shipment; he produces in small units and, whether necessity exists for placing an embargo on diseased plants. therefore, is unable to control the price of bis commodity in the whole­ That the farmer standardize his produce by proper grading of his sale markets. He lacks proper facilities for storing his products, so as products as well as standnrdization of the containers therefor which to carry them over from the season of production throughout the season will permit him to extend his operations of selling mor·e directly to the of nonprocluction. This can be remedied to a certain extent by cooper­ consumer throughout the entire country as well as through local agents. ating in the construction of the necessary warehouses where his prod­ That a system of improved highways be inaugurated and the neces­ ucts can be stored and warehouse certificates issued covering the arti­ sary assistance rendered by tbe Frrleral Government, the State, countv cles stored. Wben proper community storage warehouses have been and town for the purpose of building roads to connect up farms with built be will be able to borrow from the banks on so-cH-lled warehouse transportation terminals and local markets. certifica teR, thus enabling him to carry his produce, as well as store That there be coordination of the trinity of transportation methods­ it, "throughout all seasons of the year. hitahwar, waterway, railway-with the idea of obtaining the cheapest Fourth. It is essential that be organize for cooperative bargaining. ra es commensurate with the best possible service. This should include not only cooperation in selling bil'l products, but cooperation in purchasing those articles which are necessary for con­ REDCCING THE RA.TES. ducting bis business. That railroad rates be reduced on farm products systematically and scientifically, giving due regard to the localities of production and the HOW TO SECURE RESULTS. localities of consumption. Fifth. Through well-organized farm groups, with proper leadership, That adequate and efficient merchant marine and trans .Atlantic and he will be in a position to come before Rtate and National legislative Pacific water routes be established for the u, e of agricultural interests. bodies and intPlligently present bis case and inform them as regarrls That inland waterways, harbors, and waterway routes within the his needs. For many years the financial interests have had their repre­ territory of the Gnited States connecting the Great Lakes and the sentatives in Washington to advise with the lawmakers and call atten­ interior with the Atlantic Ocean be given the proper attention and tion to their views as to what is necessary in legislation for the best improvements. interests of th" country at large. Ou the other _hand. labor has had That proper machinery for loading and unloading of agricultural its representatives stationed in the variom1 capitals of the States, as products be installed at way stations, freight houses, terminals, and well as the Capital at Washington, to bring to the attention of the harbors for the use of the farmer. legislators their views and state what they think ts necessary in the That imitable and adequate joint terminal f11cilitles be installed con­ way of legislation for the best interests of the community. Why should necting the waterway, railway, and highway, and ~ufficient and efficient not the farmerR have their reoresentatives, who understand the farm­ terminals and proper warehouses and elevators be located at con­ ing industry of the country, located here in Washington and in the venient places and at export ports to accommodate farm products en otber capitals of the different States of the Union. to counsel with the route. legislators and explain to them what the agricultural industry of the LABOR SUPPLY BUREAU. country feels is necessary to be done for the best interests of the people That labor supply bureaus be established both by the Federal Gov­ of the entire country! ernment and the various States, where a record may be kept of unem· DUTY OF ORGANIZATION. ployed farm labor and where a farmer may apply for efficient and competent help. The farmers represent a wholesome and large percentage of the best That a national endeavor be made for improvement in production by citizenship of the United States. They hold a large portion of the tax­ the use of the best seeds, blooded cattle, poultry, etc., and that a able property, they are the representatives of the basic industry, they system of diversified crops be inaugurated. are the producers of the food of the Nation, and I feel it is their That information be gathered as regard soil treatments in the vari­ duty to organize, so ru; to be in a position to tnke an active interest ous localities, improved crop treatments, and the utilization of the in the running of the Government, not to contt·ol it from a selfish stand­ latest types of machinery. point, but for the purposes of cooperation with all the other interests of That the farmer should be permitted to make a fair return on money the country to do that which is best- for all the people. invested and labor performed so that he may improve the rural school THINGS FARMERS WANT. system thereby allowing his children to receive proper academic train­ ing foi· a higher agricultural college education. He should have his For the consideration of the reade1· I take great pleasure in making living conditions raised to the level of his city brethren by having the following recommendations : modern beating, sanitary plumbing. improved modern lighting, rural 'l'hat cooperative bargaining be permitted by the enactment of proper mail delivery, rural telephone service, improved highways, communitv permissive laws by the Federal Government and the various States attractions, convenient churches, all of which will tend to give him a and that the farmers organize to take advanta11:e to the fullest extent better social intercourse with his neighbor and lessen the work of the possible of cooperative buying, cooperative selling, cooperative manu­ women folks on the farm. facturing and canning plants, cooperative cheese rder to present argument and show either that the quota law does l\Ir. A. P. ~"ELSON. Mr. Speaker, I ask unanimous consent not apply to them or that unusual hardships are involved in the case to return to Calendar Ko. 273 for consideration. This bill and tbat it would be inhumane to deport them forthwith. Great num­ bers are going to Mexico and Cuba for the purpo!':P of surreptitious was objected to the last time for the lack of certain informa­ entry from those points. A great many of these are either intercepted tion, and I made a very strenuous effort to get this informa­ at the border or found subsequently and arrested for deportation. All tion and \\'a.· promised that it would be here b)' 10 o'clock. of them invoke the appeal provided by law and all of them demand persona] hearings before the Secretary through attorneys, relatives, Inadvertently, it did not get here until after 12. It was just and others. A recent investigation in Cuba indicated that there are a few minutes late. I trust no objection will be made. I do in excess of 25,000 ChinesC' on that island, all expecting to smuggle not take up very much of the time of the House. into the United States. There is a great flood of Europeans in Cuba for the same purpose. 'l'he apprehension of any of these, either while Mr. W.ALSH. What has that got to do with it? trying to enter or when found after unlawful entry, means an appeal The SPEAKER. The gentleman asks unanimous consent to to the Secretary. return to Ko. 273 on the Calemlar for Unanimous Consent. Is Consen·atively estimated, the appellate work of the Secretary's office arising from the Bureau of Immigration ha run for a year at least there objection? five times as heavy as at any previous period in the history of the Mr. WALSH. If the gentleman desires to present some in­ bureau. formation with reference to it, I have no objection to his pre­ A year ago the Secretary and the Assistant Secretary, in an effort to cope with the situation, devoted an average of 16 hours per day senting the information, but I do object to the consideration of to the work of trying to dispose of all these appeals as they arose. the bill. It was believed that the condition was temporary, but it wa.s found Mr. A. P. KELSON. Of course, the mere presenting of tbe that this h·we was not well founded. Efforts were made to create other I agencies by way of help in handling this enormous business, and these information would be of no value at this time unless am efforts are constantly being assailed in courts by wa:v of writs of permitted to have the bill considered. habeas corpus, because every alien insists on hiR right of personal l\Ir. WALSH. Then I object. hearing before tbe man who makes the final decision. I am told .by the members of the board of review, consisting of fh-e men who are LEAVE OF ABSENCE. endeavoring to furnish a measure of relief, that it is inconceivable that the work which was accomplished a year ago could have been ac­ By unanimous consent, leave of absence was granted- complished by the Secretary and .Assistant Secretary alone. To :\lr. OLirER (at the request of l\lr. McDUFFIE), indefinitely, The decision of the average appeal involves vastly more tban merely signing the decision. It means careful review of the evidencP sub­ on aceount of illness of his mother. mitted and it means listening to tbe pleadings of lawyers, of relatives, To Mr. WILLIAMS of Texas, for three days, on account of of friends, and of the alien himself.. These people are not satisfied to important business. present their argument solely to those who may make recommendations. They insist upon seeing and speaking to the man wbo makes the final To l\1r. ANDREWS of Xebrnska, indefinitely, on account of se­ decision. Tbe law apparently gives them this right, and it can not rious illness in his family. be denied. The man who makes the final decision is loathe to make To l\lr. LONGWORTH, indefinitely, on account of illness in llis the decision without personally seeing and bearing those who present the case. As a result, the regular business hours of the men wbo mn!':t family. decide these things are occupied by listening to the alien or bis rep­ l\lr. WINSLOW. Mr. Speaker, is it not in order to consider resentatives, and they must do the work other than listenin~ to argu­ H. R. 10716? ment at other hours of the day or ni~ht. It is physically impossible for any man to Ion~ carry such a burden. There are seven other bu­ The SPEAKER. The Chair is informed that that bill was reaus and divisions in the Department of Labor, and all require atten­ laid on th€ table, a similar Senate bill having passed the House. tion. The work coming to the office of tbe Secretary from tbe Bureau l\Ir. STAFFOHD. l\lr. Speaker, I make the point of order that of Immigration alone is more than any one man should be a. ked to do and more than any one man can do under the letter and spirit of the there is no quorum present. law. l\lr. GARNER. Will the gentleman withhold that a moment As heJietofore suggested, the Commissioner General of Immigration until the gentleman from Wyoming [l\1r. l\loxDELL] can make a under tlle law bas nu power of any kind to decide any appeal. These appeals merely pass through his hands to the Secretary. Congress sta tern en t? should either amend the law so as to place final authority anrl re­ l\lr. STAFFORD. Certainly; I withdraw the point of no sponsibility in these appeals in the Commissioner General of Immigra­ quorum. tion or furnish the Secretary of Labor with another assistant who may devote ""all.of his time and attention to this important and enr-increas­ Mr. GAR~ER. Will not the gentleman give us whate\er in­ ing work. This work will increase in volume and in importance in formation he may have at this time touching the reported pos­ the same proportion in which immigration, either European or oriental sible recess about the 1st of July? So many 1\lembers are is restricted. I earnestly urge that the pending bill be enacted into law without delay, so that an appointment may be made prior to July asking the question that it does seem to me it would clear up 1, when reopening of exham~ted quotas will again bring on a new flood the situation and enable Members to make their calculations, if of appeals. Should Congress hereafter so modify the law as to vest the.gentleman could give us anything like definit€ information at final authority in these appeals in the Commissioner General of Im­ migration, there would be no objection at that time to abolishing the this time. office of Second Assistant Secretary of Labor. I believe the Commis­ l\Ir. MONDELL. l\lr. Speaker, it is impossible at this time to sioner General of Immigration should be invested with power to decicle give any definite information. I think within a comparath·ely all these appeals, subject only to general review by the Secretary in the same manner as the acts of all other bureau heads are subject to short time we will be able to make an announcemBnt to the general revi~w by the head of the department, but until the Commis­ House as to what we may expect to do and as to the possibility sioner General of Immigration is given power to dispose of immigra­ of a recess-possibly within the next 24 hours. tion matters, there is the most urgent need for a Second Assistant Sec­ retary of Labor. l\lr. GARNER. We thank the gentleman for the expression The American people desire always that every human being shall of that hope. ha\e every opportunity to present bis rights in a fair hearing before any tribunal authorized to render a dedi:;ion invoking these righti::. DISPE~Sli'i"G WITH CALENDAR WEDNESDAY. The matters coming to the Secretary of Labor for decision, from the Bw·eau of Immigration, are entirely matters involving human rights. Mr. MONDELL. l\fr. Speaker, I ask unanimous consent to Humanity demands that decisions be r1>ndered promptly to minimize dispense with Calendar Wednesday business on Wednesday suffering. The American spirit of fair play demands that careful at- next. •'

9002 C0NGRESSIONAL· RECORD-HOUSE. JUNE 19,.

The SPEAKER. The gentleman from Wyoming asks unani­ CH'.AKGE' OF REFERENCE. mous consent to. dispense with Calendar \Vednesda.y business om Und~r clause 3 of Rule XXII, the Committee on Interstate Wednesday next. Is there objection? and. Fo1·eign Commerce was discharged from the consideration· Mr. GARRETT of Tennessee. Reserr'ing the right to ob­ of a let ter f.l'Qm the Aeting- Secreta1'Y of Commerce, transmitting' ject-- a compl:te set of ~e~er~ rules· and regulations 'prescribed by, Mr. MONDELL. My reason for doing that is that the Com­ ~be boud of superv~g mspecto1s, Steamboat Inspection Serv­ mittee on Appropriations desires. to present deficiency bill,. and a IC.e-~ January1 192Z which: regulations ha-ve been approved by the it is highly important that that bill be considered and go to the S~creta ry of Commerce, and the same was referred to the Com­ Senate. I think the bill should become a law- before there is any mittee on the Merchant Marine and Fisheries. recess taken. The SPEAKER. Is there objection ta the i·equest of the gen­ tleman from Wyoming7 PUB.LIO BILLS, RESOLUTIONS, AND l\IlTht:OilIALS. There was no objection. Under clause 3 of Rule XXII, bills, resolutions, and memorialsr .ADJOURNMENT. were introduced and severally referred as .follows : l\ir. MONDELL. Mr. Speaker, I move· that the Bouse do now By lli. lllADDEh~ (by request) : A bill (H. R. 12065) to.· adjourn. a~end section 307 of the tran.spo•tation act of 1920-; to the Com- The motion was agreed to; accordingly (at 4- o'clock and 27 m1ttee on Interstate and Foreign.Commerce. minutes p. m.) the Bouse adojurned until to-morrow; Tuesday, By M.r. C~BLE: A bill (B. R. 12066-} providing-for the pn.r· June 20, 1922, at 12 o'clock noon. - cha~e of a ~1te and the erection of a public building thereon a.t Cehna, Ohio, and· for other purposes· to the Committee on: Public Build:in gs and Grounds. ' EJXECUTIVEJ COMMUNICATIONS, ETC. Also, a bill (H. R. 12067) providing for the erection of a Under clause 2 of Rule- XXIV, executive- communications were publie building at St. l\farys, Ollio, and for other purposes· to taken from the Speaker's table and referred as follows-: the Committee on Public Buildings and Grounds. ' 654. A communication from the £resident of tl1e United States, . By Mr. KL~CH.ELOEJ: A bill ( H: R. 12068) declaring a por­ transmitting a list of judgments rendered by the Court 0>f Claims, tion of the Tradewate.r River, in Kentucky, to be a non.navigable amounting to $472,683.60, which have been submitted by the stream ; to the Committee on Interstate and Foreign Commerce. Secretary of the Treasury (B. Doc. No. 356); to the Committee B.Y Mr. DEMPS~Y : ~ ~ill ( H. R. 12069) for the purcha e of• on Appropriations and ordered to be printed. a site for a public buildmg· at Youngstown, Niagara County,. 655. A communication from the President of the United States, N. Y.; to the Committee on Public Buildings and Grounds• . transmitting a list of judgments rende.i:ed against the Govern­ Also, a bill (H. R. 12070) to authorize the purchase of a site• ment by the dlsh·ict courts of the United States, as submitted for a Federal building in the village of Middleport, Niagara_ by the Attorney General through, the Secretary of the Trerumry, County, N. Y. ; to the Committee on. Public Buildings andi as follows: Under the War Department, $25,982; under the Navy Grounds. Department, $71,416.94; under the United States Housing Corpo­ Al.so, a bill (H. R. 12071) to authorize the enlargement, ex­ ration, $22,.844.32; total. $120,2.43.26 (H. Doc. No. 357) ; to the tension, and remodeling of the Federal building at Niagara Committee on Approp1·iations and ordered to be printed. Falls, N. Y~; to the Committee on Public. Buildings and. 656. A communication from the Eresident of the United States, Grounds. transmitting records of judgments rendered against the United By l\lr. BECK: A bill (H. R~ 12072) making apprnpriation: States by . the District Court of the Eastern District of New for the e tablishment on the l\Iississippi River of a fi.sh-rescuei York; the Eastern District of Virginia; the District Court for station, to be under the direction_ of the Bureau of Fisheries the District of Massachusetts, for. the relief of l\Ierritt & Chap­ of the Department of Commerce-; to the Committee on Appro­ man Derrick & Wrecking Co. ; for the relief. of the- owner of priations. the steamship Jfatoa, and for the relief of the owner of the By Mr. MADDEN: A bill (H. R. 12073) to provide additional steamship Henry 0. Ba.rrett (H. Doc. No. 358) ; to the Com­ compensation for certain. civilian employees of the Governments mittee on Appropriations and ordered to be printed. of the United States and the• District of Columbia· during tho­ 657. A communication from the President of.. the United States, fiscal year ending June 30, 1923'; to the Committee on Appro­ tran mitting schedules of claims amounting to $3,881,905.ll al­ priations. lowed by the various divisions of the General Accounting Office, By ML STEPHENS: Joint resolution (H. J. Res. 352}' .as covered by certificates of settlement (H. Doc. N. 359) ; to the authorizing the Secretary of the Navy to receive for instruc­ Committee on Approp1iations and ordered to be printed. tion at the United States Naval Academy at Annapolis Mr~ John Paul de Baat Doelman, a subject of the Netherlands; to the Committee on Naval Affairs. REPORTS OF COl\fl\HTTEES ON P"LTBLIC BILLS .AND By Mr. DUPRE: JO'int resolution (H. J. Res. 353) authoriz­ REJSOLUTIONS. ing the Secretary of War to loan certain tents, cots, chairs, Under clause 2 of Rule XIII, etc., to the executive committee of the Louisiana department ot Miss ROBERTSON: Committee on Indian Affairs. H. R. the American Legion for use· at the national convention of the 6044. A bill authorizillg the Wichita and affiliated bands of American Legion to be held at New Orleans, La., in October, Indians ill Oklahoma to- submit claims to the Court of Claims; 1922 ; to the- Committee· on l\lilitary Affairs. with an amendment (Rept. No. ll14). Referred to the Com­ By l\fr. JOHNSON of Washington: Resolution (H. Res. 370)' mittee of the Whole House on the state of the Union. for the immediate consideration of House bill 12022; to the' Mr. RIDDICK: Committee on Agriculture. H. R. 11966. A Committee on Rules. bill defining the crop failure in the production of wheat, rye, By Mr. A. P. :r-..TJDLSON: Resolution (H. Res. 371) providing compensation for the assistant superintendent of the House barley, oats, and flax by those to whom the Gov-ernment of the document room; to the Oommittee on- Accounts. United States loaned money, under the act of March 3, 1921, By 1\Ir. l\IcKENZIE: Resolution_ (H. Res. 372) for the-immedi­ for the purchase of wheat, rye, barley, oats, or fl.ax for seed, and ate consideration of House bill 11903; to the Committee on for othe1~ pUl'poses; without amendment (Rept. No. 1115). Re­ ferred to the Committee of the Whole House on the state of the Rules. Union. Mr; ~ULL: Committee on }filita:ry Affairs. S. J. Res. 156. PRIVATE BILLS AND RESOLUTJONS-. A joint resolution authorizing the Secretary of War to grant a Under clause 1 ·of Rule -XXII, private bills and resolutions permit to erect and maintain a hotel upon the Fort Monroe were. introduced and severally referred as follows: Military Reservation in Virginia; without amendment (Rept. By Mr. CLARKE of New York: A bill(H. R.12074) gr.anting.a NoL 1117). Referred to the Committee of the Whole House- on pension to Maria E. Ros&; to the· Committee- on Invalid Pen· the state of the Union. sions. By 1\lr., DAVIS of Tennessee: A bill (H.. R. 12075) for the REPORTS OF COMMITTEES ON PRIVATE BILLS AND relief of the State Bank & Trust Oo. of Fayetteville, Tenn.; to REJSOLUTIONS. the Committee on Claims. Under clause 2 of Rul-e XIII. By Mr. GREENE of Vei:mon.t: A. bill (H. R. 12076) granting Mr. KRAUS: Committee on Kaval Affairs. B. R. 11389. A a :rrension to Adele 1\1. King; to the Committee on Invalid' P _n­ bill for the relief of' Robert Guy Robinson~ with an amendment sions. (Rept. No. 1113). Referred to the Committee of the Whole BY' Mr. GRIEST: Ac bill (B. R. 120177} to carry into effect the Bouse. findings of· th~ Court of Claims in the-· matter of the claim of

,. 1922. CONGRESSIONAL RECORD-SENATE. 9003 the Fir t Columbia National Bank, of Columbia, Pa.; to the McCumber Nicholson Simmons Wadsworth Mc Kellar Norbeck Smith Walsh, Mass. Committee on War Olairns. McKinley Norris i::.moot Watson, Ga. By ~lr. HA. WES: A bill (H. R. 12078) granting an increase McLean Oddie Spencer Watson, Ind. Qf p~nsion to Augusta Seubert; to the Committee on 'Invalid McNary Overman Stanley Williams Moses Phipps Stflrling Willis Pensions. Myers Poindexter Sutherland By Mr. JOHNSON of Washington: A bill (H. R. 12079) Nelson Robinson Townsend granting a pension to Mary J. :Marshall; to the Committee on Newberry Sheppnrd Un