1500 CONGRESSIONAL :RECORD-HO.USE MARCH 3 time with regard to the contested-election the armed forces by allowing double credit ·H . R: 2863. A bill- granting an . ·increase of case of John B. Sullivan against Louis E. for foreign service in computing length- of pensionrto Kate L. Schultze; to the'"Commit.- .. Miller, for a seat in the Seventy-eighth Con service; to the Committee on Military Affairs. tee on Pensions. · gress, from the Eleventh Congressional Dis H. R. 2044. A bill to provide equality in H. ·R. 2064. A bill granting an increase of trict of the St ate of Missouri (H. Dqc. No. pension and compensation benefits to all pension to Mary Delane; to the Committee 122); to the Committee on Elections No. 3, veterans of our wars; to the Committee on on Invalid Pensions, and ordered to be printed with accompany Invalid Pensions. By Mr. McLEAN: ing papers. By Mr. HEIDINGER: H. R. 2065. A bill for the relief of Jose 217. A communication from the President H. R. 2045. A bill to provide direct Federal Penna y Garcia; to the Committee on Immi of the United States, transmitting a supple old-age pensions to all citizens of -the United gration and Naturalization. mental estimate of appropriations for the States 60 years of age or over; to the Com By Mr. REED of Illinois·: District .of CoJumb1a, fiscal year 1944, involv mittee on Ways and Means. H. R. 2066. A bill for the relief of A. L. ing a net decrease of $334,966, in the form of By Mr. POULSON: Rinkenberger and John Fleering; to the Com amendments to the Budget for said fiscal H. R. 2046. A bill to establish the office mittee on Claims. year (H. Doc. No. 121); to the Committee on of Military Commander in Chief and to pro By Mr. VINSON of Georgia: Appropriations and ordered to be printed. vide for .the appointment of a general officer H. R. 20f:l7. A bill confe_rring jurisdiction of the United States Army Air Forces to such upon the United States District Court for office; to the Committee on Military Affairs. the Middle District of Georgia to hear, deter REPORTS OF COMMITTEES ON PUBLIC By Mr. DEWEY: mine, and render judgment upon the claim BILLS AND RESOLUTIONS H. Res. 143. Resolution to create a Special of H. M. Reid & Co., of Macon, Ga.; to the Under clause 2 of rule XIII, reports Committee on Post-War Economic Recon Committee on Claims. of committees were delivered to the Clerk struction; to the Committee on Rules. for printing and reference to the proper By Mr. PATMAN: H. Res. 144. Resolution authorizing the PETITIONS, ETC. calendar, as follows: printing of 5,000 additional copies of the Mr. SABATH: Committee on Rules. House final report of the Special Committee on Under clause 1 of rule XXII, petitions Resolution 142. Resolution for the considera Small Business of the House of Representa and papers were laid on the Clerk's desk tion of H. R. 1501, a bill to extend for 1 year tives on the Wartime Problems of Southern and referred as follows: the provisions of an act to promote the de Industry for the.use of the committee; to the 211. By Mr. FITZPATRICK: Petition of a fense of the United States, approved March 11, Committee on Printing. number of registered voters of Mount Ver 1941; without amendment (Rept. No. 199). By Mr. BALDWIN of New York: Referred to the House Calendar. non,-N. Y., urging the adoption of the Ruml H. Res.145. Resolution for the considera pay-as-you-go income-tax plan; to the Com Mr. REES of Kansas: Committee on Im tion of H. R. 987; to the Committee on Rules. mittee on Ways and Means. migration and Naturalization. H. R. 812. 212. By Mr. MERRI'IT: Resolution of the A bill providing for the . insura.nce of docu Painting and Decorating Contractors of mentary evidence of United States' citizen PRIVATE BILLS AND RESOLUTIONS America, stating that the association com ship; witho:ut amendmeD:t (Rept. No. 201). Under clause 1 of rule XXII, private m.ends the action of the President in attempt Referred to the Committee of the Whole bills and resolutions were introduced and House on the state of the Union. ing to extend the benefits of the Social severally referred as follows: Security Act; to the Committee on Ways and By Mr. BISHOP: Means. CHANGE OF REFERENCE H . R. 2047. A bill to correct an error and 213. By Mr. MICHENER: Petition trans Under clause 2 of rule XXII, the Com to confirm, as of March 2, 1861, the title to mitted by Donald J. Mowrer, Parma, Mich., mittee on World War Legislation was certain saline lands in Jackson County, State and signed by · 176 residents of Jackson of Illinois, to Edward Holden; to the Com County, Mich., urging repeal of the Agricul discharged from the consideration of the mittee on the Public Lands. tural Adjustment Administration program; bill
1943 CONGRESSIONAL· RECORD-HOUSE 1509 them to the attention of the Department McMinn County. in 1940 were hailed-tonight , vember 5, 1940, the ·ballot,box- was removed. • of Justice. I placed in the hands of the by Judge C. S. Brown, of Athens, as an im and the' polls were_'closed at about 10 a. m. portant victory for cle~:~,n elections in Tennes Disorder in and around the polling booth Department of Justice information be see and McMinn County. "It looks like the was given as the reason for closing the polls. fore the trial that the man who is the United States Department of Justice wants An angle not developed in this case,' of head and front of the violations of the a square deal in Tennessee elections," said course, is the frequent failure of officers of Federal election laws of McMinn County the veteran Republican jurist, formerly pre the law in that county to maintain order at had paid the defendant, Spurgeon Simp siding judge of the fourth judicial circuit. the most sacred shrine 'of citizenship-the son, the sum of $75 to break up that Judge Brown expressed belief that prosecu polling booth. But whatever the situation, election. The defendant, Simpson, ad tion in the McMinn County cases would be election officers have no right to close the mitted on the trial of the case that he the forerunner of other prosecutions. "It is booths arbitrarily, and thus to deny the the first move on the checkerboard,'' he vote to those who come after the booth bas offered one of his fellow officers $75 to observed. been closed. assist him in breaking up the election While declining to comment on the convic The conviction in this case serves notice at the Claxton precinct, but he explained tions, Col. E. B. Madison, prominent_McMinn on petty political bosses that they will in it by saying that he was only joking. I County attorney and secretary of .the McMinn terfere with citizens in their right to vote also placed in the hands of the Depart County Democratic Executive Committee, de only at their own peril. ment of Justice a letter from one of the clared that he had been out of· sympathy · The sanctity of the ballot is given a ring leading citizens of McMinn County, in from the outset with the prosecutions, feel ing reaffirmation by this finding in the Fed which he makes this statement, with ing that they represented a dangerous teh• eral court here. dency of the Federal Government to inter McMinn County may have orderly elections reference to the indictment and trial of fere in the internal affairs of the State and hereafter-at least in Federal elections. And these defendants: the counties. · Colonel Madison character what is not permitted by officers of the law We know that the mills of the gods grind ized the prosecutions as undemocratic. in general elections should not be permitted slowly, and we should not expect a clean-up John Cate, McMinn County Democratic in State elections. too quickly. However, there is a growing leader and chairman of the McMinn County impatience here as to the part the Justice Election Commission, declined to make any You can, therefore, imagine the feeling Department has promised to play. The men comment when apprised of the convictions. of let-down, amazement, and righteous who have been contributing to -the expenses Wallace D. Hitch, attorney and Republican, indignation on the part of the people of are asking if after all we can or will ac who stated that he had not followed the case McMinn County and of that whole sec complish anything. They are skeptical of the clos·ely, expressed belief that the convictions tion of the country and on the part of courts, and they have some basis for their would tend to clean up the situation in the press when Judge Darr nullified the skepticism. It has been reported that the McMinn County. He said he believed that action of the jury and freed these de local officials have said the case was already permanent improvement in election condi "fixed" for the ones indicted. They also tions in the county would result. fendants. Following his action, the say they have nothing to fear, that their H. A. Vestal, prominent Republican and Chattanooga Times carried this edi Congressman will take care of them. manager of the Van-Raalte Hosiery Mills torial: here, declared he saw nothing improper in the STERN MEASURES NEEDED When these men claim they had a prosecution of allegea election frauds in Mc Three McMinn County election officials, Congressman who would take care of 'Minn County by . the Federal Government. convicted in Federal court here of act1ng them they certainly were not referring "I only wish," he said, "that they-the Gov under color of the law in depriving certain to me. ernment-had come in about 4 years ago ." citizens of the right to vote, were fined 1 I, therefore, say to the Representative Asked if he thought definite improvement cent each and given suspended sentences of from Chattanooga that I was in full pos of election conditions in McMinn County 2 years by United States District Judge Leslie would follow, Mr. Vestal stated: "There's R. Darr. session of the facts upon which these plenty of room for improvement. ·There are The clemency shown was chiefly prompted, defendants were convicted. And I fur many other cases besides this one which said Judge Darr, by the fact that this is war ther state to him that when a Federal would bear inquiry." time and the convicted persons are needed in judge nullifies the acts of Congress, there Mayor Paul Walker, of Athens, stated to the war effort. is no better place than the floor of this night that he had not familiarized himself Judge Darr men.tioned the background of House to tell about it. The protection with the case just concluded in Federal court, the case. · "Practices· of this type," he said, of the rights of the citizens of my dis but added that he had been watching with a "especially in that county are not uncom great deal of interest the apparent inten mon, and elections in that section have ac trict and of the State of Tennessee to tion of the Federal Government, through the quired the reputation of not being conducted vote and have their votes counted as cast Department of Justice, to enforce honest in conformity with the law, strictly speaking. transcends all personal considerations. elections within the States. It's getting pretty bad when a citizen con The case that I am now discussing is "It is an obvious truth," Mayor Walker siders it a natural thing to go to an election not lightly regarded by the people of declared, "that if we are to have an endur equipped with a blackjack and a pistol." Tennessee, by the press of Tennessee, ing democracy in America one of the founda Precisely because those things which we nor by the Department of Justice here tions upon which it must rest is a cle&n have just quoted from Judge Darr's state in Washington. Assistant Attorney ballot box." ment are true, many will regret that a more stern corrective was not imposed than a General Roy C. Frank, sent by the De And this is not all. The Chattanooga 1-cent fine and a suspended sentence. partment of Justice from Washington Times is a great Democratic daily, With The McMinn election outrages doubtless to Chattanooga to try this case, upon a circulation of some 50,000. It goes contributed to the Napoleonic complex de the return of the jury's verdict, said: all over Representative KEFAUVER's dis veloped by Sheriff Biggs, of Polk County, The successful conclusion of this case rep trict and a large part of mine. And whose methods have the earmarks of having resents an important victory for civil liber upon the conviction of the defendants in been encouraged, if not suggested, by the at ties, not only in Tennessee, but everywhere this case the editor of the Chattanooga tempts made in McMinn County to sway elec else in the country as well. At the same time tions by terrorism. From there it was but a it serves notice on our detractors among Times wrote and published the follow step to the present Biggs method of upsetting the Axis Nations that democracy is a dy ing editorial: election results by legislative acts. namic faith, fully capable of putting up a SANCTITY OF VOTE UPHELD The Biggs phenomenon may not have been fight for its preservation. caused directly by the McMinn County elec Three election officials were convicted in tion scandals, but the pattern is much the The Department of Justice has waged an Federal court here yesterday of preventing active war against violations of civil liber same. voting at an established polling place in Mc The Times believes this wave of totali ties during the last 12 months. The present Minn County while acting "under the color case is one in a series in which we have fought tarianism can only be stopped by st-ern meas of the law." There was no conviction on the ures. against peonage, slavery, lynching, vote first count of the indictment, which charged frauds, and other crimes against the Bill of conspiracy, but Ralph Lattimore and Frank I call the attention of this House espe Rights. Green, election clerks, and Spurgeon Simp cially to the reference made in this edi In the same issue of the Chattanooga son, officer of the election, were found guilty torial to Sheriff Burch Biggs, of Polk Times appeared the following news ar on the second count. County. Sheriff Biggs is the author of ticle from Athens: This famous case touched upon only one election outrages in this section of Ten incident which has occurred in McMinn M'MINN VOTE FRAUD CONVICTIONS HAILED AS County in recent years whereby voters were nessee. Through them he has absolutely PRELUDE TO CLEAN-UP either intimidated or absolutely denied their abolished free elections in Polk County. ATHENS, TENN., January 28.-Federal court privilege of voting. The evidence proved Polk County, at the time Burch Biggs convictions in Chattanooga of three defend that at the Claxton School polling place, on supplanted the will of · the people, ants charged with election irregularities in the morning of the general election of No- through force and fraud with his own 1510 CONGRESSIONAL RECORD-HOUSE MARCH 3 peculiar brand of Hitlerism, was ·and is this point, I make a part of this address BUT THINKING MAKES IT SO now a Republican county by a majority an editorial of the Knoxville News-Sen While this newspt.per readily appreciates of not less than 1,000. As an example of tinel of February 21, 1943: the ties of personal friendship and respect the brazen effrontery and disregard for that may exist between Representative EsTEs CHEAP FINES WORSE THAN NONE KEFAUVER and Federal Judge Leslie Darr, of law with which he does things, let me give We can agree with .congressman JoHN JEN Chattanooga, we cannot commend the alac you these facts: Burch Biggs is the Dem NINGS, who has put his expostulations in the rity with which Mr. KEFAUVER has placed in ocratic Party in Polk County. In the CONGRESSIONAL RECORD, that it was not ex the CONGRESSIONAL RECORD a defense Of Judge Democratic primary for the nomination pected that the convicted McMinn County Darr's featherweight rebuke of the McMinn of a candidate for Governor and United men who closed up a polls would be let ofi County people convicted of obstructing an States Senator held in that county on with fines of 1 cent each. We said at the election by closing and removing a ballot August 6, 1942, Biggs gave Gov. Prentice time that the convictions for violating Fed box. eral election law::; were salutary. But the ef The McMinn people may indeed be good Cooper 3,970 votes and to Ridley Mitch fect is nullified by the disposal made in the citizens, nevertheless-as political moralities ell, one of the most popular Democrats sentencing by Federal Judge Leslie Darr at in those parts go. But such golden assump in Tennessee and a former Member Chattanooga. tions as the sanctity of the ballot become of this House, only 50 votes. In that hollow jokes, to be fed only to the children same primary Biggs returned a vote of The address of the gentleman from or the politically innocent, unless the people 3,899 for his candidate for the United Chattanooga was carried in the press of guard that sanctity with a stern and heavy States Senate and gave his two Demo Tennessee. The Knoxville News-Senti sword. And the last place on earth to find cratic opponents only 122 votes. In the nel, published the following editorial: a whimsical view of the importance of the vote should be in a United States court. election of November 3, 1942, Biggs re THE JURY HEARD IT turned a vote of 3,560 for Governor Representative EsTES KEFAUVER told the And in the Chattanooga Free Press, a Cooper and only 86 for the Honorable House it "ill becomes a Member of Congress great daily paper published in Chatta E. N. Frazier, his Republican opponent. to criticize the action of a Federal judge nooga, an outraged taxpayer referred to And thereby hangs a tale. w~en he was not present at the trial, did not the action of Judge Darr as "a travesty": hear the testimony, and did not see the wit After the marvelous showing of Biggs nesses as they appeared in court." He was ''Found guilty by jury, sentence sus in the Democratic primary of August 6, chiding Congressman JENNINGS, who had pended; 1-cent fine; a nice way to waste 1942, he threw a party in celebration of criticized Judge Leslie Darr for letting ofi taxpayers' money paying jurors just to his prowess. He gave a $1,000 barbecue. two men with fines ·of 1 cent each and a have jokes made of their findings." And to that barbecue he invited as a third altogether since the latter was in the And in the Chattanooga Times of - guest of honor the distinguished gentle Army. The three had been convicted of Monday, February 15, appeared a letter man from Chattanooga, who graced the violating the Federal election laws in Mc written by Clay S. Matlock, of Athens, Minn County. occasion with his presence. The news of Perhaps Judge JENNINGS didn't hear the Tenn., one of the :finest citizens of that this barbecue and of the attendance of case. But the jury did. It said the men county. He is a farmer, a devout mem our friend from Chattanooga moved the were guilty. ber of the Methodist Churcl1, and he and Knoxville News-Sentinel to lament edi his good wife took their lives in their torially the fact that the gentleman from And on February 26 the Knoxville hands at the last November election and Tennessee, Congressman KEFAUVER, had Journal published the following edi aided in restoring the semblance of hon condescended to attend a celebration of torial: est elections in Athens, Tenn. The let such a gigantic fraud, and, almost in the KEFAUVER SHOULD REALIZE UNITED STATES FIGHT ter follows: words of the Saviour, in his lamentations ING WAR TO PROTECT CITIZENS' VOTE RIGHT ELECTIONS IN M'MINN-WRI'l'ER SEEMS TO DE• over Jerusalem, that paper said, in ef No man may be criticized justly for being SPAIR OF ANY REFORM DESPITE RECENT CON• fect, "0, KEFAUVER, KEFAUVER, hOW oft loyal to his friends, and from that stand VICTIONS have we taken thee under our wing as a point none of us will be inclined to score To the EDITOR OF THE CHATI'ANOOGA TIMES: hen hovereth her chickens, but now you Representative EsTEs KEFAUVER for defending I have been a reader of the Times for over have gone astray with Burch Biggs." Judge Leslie Darr's 1-cent fines imposed on 50 years and have never asked for space. But And many have been made to wonder, citizens of McMinn County convicted in his I read your editorial of February 10, Stern court of depriving other citizens of their Measures Needed, and we thank you for on what beef did our friend feed at the votes. your stand for liberty and freedom at the Burch Biggs barbecue that the bowels of Representative KEFAUVER proved in a bano·t box in McMinn County, which is a his compassion are so moved that he speech of defense delivered on the floor of thing of the past. The average person has must rush into print in defense of the the House that it was the emotions of loyalty no idea of the conditions that exist, it is un election frauds perpetrated by Biggs and rather than his reason which prompted him believable. The three citizens just tried in his satellites-frauds that stink to high to go to the judge's defense. Federal court deprlved other citizens of their heaven. "The newspaper accounts indicated the rights to vote. men proved good character, that one was in Following one election the church people Having subjugated Polk County, Biggs the armed forces and the other two working and the preachers took the lead, held public has moved into McMinn and Monroe in a vital defense industry," asserted Con meetings, and wrote letters to the press mak• Counties in my district, and now into gressman KEFAUVER, "and these considera ing strong appeal for a clean election, and Bradley County in Congressman KE tions were undoubtedly taken into account public sentiment was with them. People FAUVER's district. He has habitually sent by the judge in fixing sentence, as they should went out by the hundreds to vote because armed deputy sheriffs from Polk County have been." the church people were behind the move into McMinn and Monroe Counties to aid We would suggest, as a matter of reason,' ment, the salt of the earth. Most of them that personS who have been convicted of believed they would have a clean election, in the terrorism of their citizens on the fraud of any kind in an election cannot prove but instead, gunmen stood at both sides of day of the election. And now, in Brad "good character," certainly not in the same the doors-you had to walk between them to ley County, the good citizens, both Dem court where their misconduct has also been get your ticket-their big guns sticking out ocrats and Republicans, have joined in established. Further, we would ask the Con on both sides, some of them from Biggs a legal attack on his effort to take over gressman if he would have considered work County. You were not allowed to watch the the county government of Bradley Coun ing in a war plant adequate legal defense count. It was a shame and outrage and dis ty through the medium of a ripper bill. · 1f these men had been charged with grand grace to a free people anywhere on earth. legislating elected officials out of office larceny? This last November election 1n some places We return to the original question involved was a safe and peaceable election and in and supplanting them with the choice of in this and other cases of its kind, namely, others it was disorder. We will visit the Burch Bigg.s through an act, the passage the worth of the citizen's vote. If it isn't courts later and see 1f the Constitution of the of which was secured by his son, Brough worth anything-and we're fighting a world United States will weigh over 1. cent. ton Biggs, as a member of the Tennessee war to prove it is-then Judge Darr's decision These three men violated the State con Legislature just closed. Burch Biggs was exactly what it should have been. If our stitution and the Constitution of the United and his satellites refer to McMinn and vote does have the value many of us place States. The right of citizens of the United Monroe·Counties in my district as "occu upon it, then the decision was a mockery of States to vote shall not be denied or abridged justice. One may take his choice, but he by the United States or by any State on ac pied counties." They are seeking to put can't be on both sides of the question. count of sex. The above amendment was them on the level on which Hitler has submitted by Congress to the legislatures of placed France, Belgium, Holland, Nor We now quote the following editorial the several states on June 5, 1919, and was way, Poland, Czechoslovakia, and other from a great Democratic daily, the Nash proclaimed by the Secretary of State on Au conquered countries of Europe. And, at ville Tennes.sean: gust 26, 1920, to have been duly ratified. 1943 CONGRESSIONAL RECORD-HOUSE 1511 From Federal Judge Leslie R. Darr came the these defendants guilty. And when their own elections, clean up their own sentence in the case. Violators must be good Judge Darr announced that he overruled houses, and not bring their troubles- to the for 2 years and pay a fine of 1 cent. the motions of the defendants for a new Federal Government to clean up for them. This is a wartime judgment, the judge de clares. trial, he made the following statement: Just what does Judge Darr mean by I heard over the radio the other night a And now comes the question of the pun this? Can he mean anything else than soldier said, "I am in Africa fighting for free ishment. Do you gentlemen want to talk to that he proposes to shut the door of the dom and if I lose my lifeblood over here, me about that for the Government, make any United States district court in the face there is something back home to do, live for recommendation either way? of the good citizens of McMinn and Mon freedom." Mr. FRANK. If the court please, I have not roe Counties when they seek the protec CLAYS. MATLOCK. discussed the question of recommendation of ATHENS, TENN. sentence with anybody in Washington, so I tion of the laws of this Government in am going to take it on my own responsibility their effort to vote and to be protected I learnea of the intention of those to tell the court what I think about the against the violence of those who have who had theretofore violated the elec matter. been depriving them of that right? To tion laws to perpetrate a gigantic steal In a case like this the law provides there what other tribunal could the Depart in Monroe and McMinn Counties in the may be a fine of $1,000 and a year in jail, or ment of Justice take such cases as the November 1942 election. I took vigorous both. Under the facts of the case as were one which he had just tried? He, of developed by the former sheriff, I do not steps to prevent this wholesale violation think a fine would have any effect in this course, was familiar with section 2, of of the laws and was aided in my efforts case. A fine would be paid by a collection article 3, of the Constitution of the by the good citizens of these two coun of certain people up in McMinn C"ounty, who United States extending the judicial pow ties, both Democrats and Republicans. were the ones to be benefited by the acts of er of the Government to all cases arising At my own expense, and through the aid the defendants. The defendants, in my es under the Constitution and the laws of of my friends of both parti~s. I distrib timation, would not be punished at all. It the United States. He knew that the uted the day before the election and on is my opinion that punishment by levying violation of the Federal statutes, passed a fine would not be sufficient. I think to for the protection of the citizens in the the day of the election a circular setting have any effect whatsoever in a case of this out in detail the laws of the United kind, in view of the background of elections exercise of their right to vote, can be en States for the protection of voters in in McMinn County, there shoUld be a jail forced only in the courts of the United the exercise of their right to vote, a copy sentence imposed, and the jail sentence States. He knew that there was no tri of which I here insert as a part of this should be the maximum provided by law. bunal in McMinn County that could en address: The CoURT. Do you want to say anything force these laws, and yet he said to the WARNING other than I might know? Government of his country and to the The 'United States laws make it a felony Major WHITAKER. I have said everything I know about this case already, and whatever outraged citizens of McMinn County, in to threaten or intimidate any citizen or to effect: "Don't you bring lawsuits of this interfere in any way with the right of any I might say would be useless repetition. citizen to cast his or her vote in an election Mr. THRASHER. If your honor please, I character into my court-you take care in which a Member of Congress is voted would like to say this: You have three de of your own elections, clean up your own for. fendants here that proved good reputations. houses, do not bring your troubles to my They have never been in trouble before. Two court to clean up for you." But he did The laws of the United States declare it of them work at defense plants and one is to be a felony for any State officer, under serving his Government, as your honor remark: the color of or acting under any State law, knows, in the armed forces. I think during I am not saying this law should not be to interfere with any citizen in voting. these kind of times that ought to be taken · administered, which it should. The United States statute known as the into consideration, especially the reputations. Hatch Act makes it a felony for any person The COURT. Well, gentlemen, I have been And then he observed that: to intimidate, threaten, or coerce any voter thinking about this matter whenever I could. So far as I can find out, it only affects votes in an attempt to interfere with the right I know a good deal about the situation, which in one respect, that of Congressmen, per of such voter to vote as he may choose. I think I am entitled to take into considera haps Senators, but it does not affect the It is a felony for a deputy sheriff to in tion, when I investigate about the violation Presidential elections, because of a peculiar timidate, by force of arms or otherwise, a of the election laws. wording of. the Constitution. voter in casting his vote or in watching the In the first place, this court is strongly counting of the votes. impressed with the idea that it is the duty And then he goes on to say that these These laws apply to the election of No of local communities to take care of their cases- vember 3, 1942. own elections, clean up their own houses, come under laws that were passed after the Go to the polls and vote. Stay at the polls and not bring their troubles to the Federal and watch the votes counted. Take the War Between the States, principally, of course, Government to clean up for them. That is, because of bringing in of a great number of names of any armed men you see at the as a matter of policy. But, of course, I am polls. No man has any right to go into, or former bondmen into citizenship, to under not saying that this law should not be ad take to protect their rights. be in the polling place when armed. ministered, which it should. So far as I can Report any and all threats, acts of vio find out, it only affects votes in one respect, Are not the people of McMinn County lence, presence of armed men at the polls to that of Congressmen, perhaps Senators, but "bondmen" today, just as much as were me. it does not affect the Presidential elections, Report the act of any officer in marking because of a peculiar wording of the Consti the slaves before they were freed, inso the ballots of voters except those physically tution. They come under these laws that far as their right to vote is concerned? disabled to mark their ballots or the blind. were passed after the War between the States, And then the judge sagely remarks: Six men in McMinn County have been in principally, of course, because of bringing in All that is water over the dam. dicted in the Federal court for violating of a great number of former bondmen into these laws. Many others will be indicted. citizenship, to undertake to protect their Yes, if left to Judge Darr, it is "water The violation of these laws is punishable rights. All that is water over the dam. And over the dam." And then he further by a fine of $1,000 and/or a year in prison. the laws are perhaps wholesome in seeing a I w111 be elected for another term in Con citizen of the United States is protected in remarks: gress today. I intend to fight for clean his rights guaranteed to him by the Consti And the laws are perhaps wholesome in elections until they are restored. tution and by the laws of the United States. seeing a citizen of the United States is pro Go to the polls, vote, and stay and watch At least the States have perhaps granted that tected in his rights guaranteed to him by the the count as you have a right to do. The through the thirteenth, fourteenth, and fif Constitution and by the laws of the United law protects you in so doing, and I will see teenth . amendments, which we know . were States. that it is enforced. adopted in a time of hysteria in the country, JOHN JENNINGS, Jr., but it is the law in the Constitution never Note the word "perhaps"-the more Member Of Congress from the Second theless. astounding because-coming from the lips District ana Candidate for Reelection. I submit that the foregoing observa- of a United States district judge. And Now let us see what occurred in Judge . tions of Judge Darr carry a more severe then he goes on to observe: Darr's court on the hearing of the ·mo condemnation of what he did than any At least the States have perhaps granted tion of these convicted defendants for a thing that any newspaper said or that I that through the thirteenth, fourteenth, new trial. In the argument of this mo have said about his action on that occa and fifteenth amendments, which we know tion, Mr. Frank, the Assistant Attorney sion. · were· adopted in a time of hysteria in the General from Washington, answered all In the first place, he states that he country- the objections of the trial court to the is strongly impressed with the idea that it is And then he makes the remarkable binding force of the jury's verdict finding the duty of local communities to take care of concession, for him- 1512 CONGRESSIONAL RECORD-HOUSE MARCH 3- but it is the law in the Constitution never ment of men who had slugged citizens violating the law that when it comes to theless. _ and deprived hundreds of them from punishment the fact that what they did You, of course, caught the significance voting? And then he goes on to _say: was habitual on the part of lawbreakers of his statement that the thirteenth, Now, we have three individuals who were in that county should induce him to set fourteenth, and fifteenth amendments holding an election out at a country place. them free, disregard the verdict of the were adopted "in a time of hysteria in They have been sought out by the Govern jury, who were in court throughout the the country." Let us see what are the ment and indicted in this particular investi entire tr-ial, and the recommendation of gation. Doubtless if there 1s wrongdoing up provisions of the Constitution of the the Government's Attorney General, who there, the high pressure 1s put o:ti by some was in court throughout the trial, be United States which Judge Darr says body else other than these who bad been were adopted "in a time of hysteria in picked out to bold the election. cause what they did was what election the country." Of course. the imolication officials customarily do in that county. is, and the plain inference to be drawn I submit that these are amazing state Under the law of Tennessee, a man from the language he used is, that but ments coming from a judge. Does he can acquire title to his neighbor's farm for the existence of "a time of hysteria mean to imply that people who vote at a if he holds it for more than 7 years in the country" the people of this Na country place are not protected by the openly, notoriously, continuously, claim tion, through the machinery set up by law? Is what he said in criticism of the ing it as his own under color of title. A the Constitution, would not, by the thir Federal Government in seeking out and person likewise, through adverse user for teenth amendment, have abolished in indicting the defendants who robbed a period of 20 years, can acquire the voluntary servitude, and would not have country people of their right to vote? right to use a roadway over his neigh clothed Congress with the power to en And, by his last statement, he recognized bor's property. But this is the first time force this provision against human slav the fact that these convicted defendants in the history of the jurisprudence of this ery by appropriate legislation. Nor were cogs in a political machine, the pur Nation that a judge has advanced the would the people of this Nation, through pose of which was to rob citizens of their idea and acted upon the theory that a. the fourteenth amendment, have pro· right to vote. And then he goes on to criminal can acquire a prescriptive right vided that: say: to violate the law. All persons born or naturalized in the These men, otherwise under tbe proof, And then Judge Darr proceeds to ad United States, and subject to the jurisdiction have good reputations, good characters. dress himself to the defendants: One of them is in the armed services, the thereof, are citizens of the United States and Now you gentlemen; you, the *fendants, of the State wherein they reside. No State other two are 1n work that promotes the war effort. I will talk to you for just a moment, per- shall make or enforce any law which shall sonally. · abridge the privileges or immunities of citi So, I do not feel like following the Gov ernment's recommendation and send these The court has been very much concerned zens of the United States; nor shall any about this case, as I have outlined to you State .deprive any person of life, liperty, men to the penitentiary. I would not feel easy to do it. But, I agree with the Govern the reasons why. Ordinarily I might have or property without due process of law; sent you to prison, but I cannot make up nor deny to any person within its jurisdic ment on the proposition that perhaps a fine tion the equal protection of the laws. would not be the thing to do, because that my mind that men of your type and in would be paid and all over with. secondary positions up there in an election, In this connection, may we not here So, I believe it would be wise to impose should be sent to prison. observe that again'and again, in the his sentence and reserve execution of that sen Of course people holding an election in tory of this Nation,. have men been tence, and put these defendants on proba that county and other counties, should be tion. of such character that men should not have snatched by the power of the Federal to go ·to the ballot box with pistols, black courts from the very shadow of the gal In doing that, I have mentioned several reasons why that is done. One of the large jacks, things of that kind.- That is a very lows. And again and again have the bad thing for the country and entirely out lives and property of our citizens been reasons is that the practices up there of this type, I am satisfied have occurred. While it of order. But, in view of the circumstances preserved to them through the protec can be said practice does not warrant these and the background, I have outlined, the tion of the fourteenth amendment. And, men in violating the law, that is true as a work you gentlemen are engaged in, one in mark it now, by the fifteenth amendment matter of law, whether guilty or innocent. the Army serving his country, and the others it is provided: But, when it comes to punishment, those in war work. It is the judgment of the court that' you The right of citizens of the United States to matters should be considered by the· court. Now, I was just wondering about this man s~rve 1 year in some institution properly vote shall not be denied or abridged by the designated, and pay a fine of 1 cent in lieu United States or by any States on account of in the armed services. I want this man to go back to the Army under some sort of super of costs. That judgment of the court is sus race, color, or previous condition of servitude. vision. Do you gentlemen know if we give a pended and each of you placed on probation This provision, which Judge Darr says sentence and reserve execution of that sen for a term of 2 years. You will see the pro tence, whether he can get back in? bation officer. That closes the case as far as would not have been enacted but for the I can close it, gentlemen. fact that it was done at a time of hys Major WmTAKER. I do not think that teria, has been held to protect the right would affect his status. He just could not get the consent of of a white citizen as well as the right of . The CoURT. It woUld not on probation, but his judicial mind to send these men to I think I would rather assess punishment prison, despite the fact that conduct a colored citizen to vote. and suspend execution of punishment rather And then Judge Darr goes on to say: than probation without punishment. I such as theirs had brought about the would want him to go back into the armed reign of the pistol and the blackjack in I think I can safely say that elections up McMinn County and had superseded free in this county for some years have not, ac service, and I am willing to sign an order re cording to the general reputation the court leasing his civil custody during service in elections by force and fraud. He ac gets, been conducted in conformity with the · the Army. Do you gentlemen have anything tually says in his remarks to these men laws, strictly speaking, and there have been to say? that elections should be of such char political factions fighting against each other General FRAZIER. I think if Your Honor acter "that men should not have to go for quite a while. And that has created quite did that the defendant Lattimore would be to the ballot box with pistols, blackjacks, a lot of feeling, quite a lot of intensified con received back in the armed services. I-have a letter before me signed by Major Christian and things of that kind." And he opines duct, I am afraid quite a lot of wrongdoings "that is a very bad thing for the coun in elections from what I can hear. asking advice as to what disposition was made of the case against Lattimore, and if he was try and entirely out of order." And Judge Darr thus admitted that he acquitted to return him to the armed forces, then, with a wave of the hand, he says, knew about the terrible conditions that or to return him after he had served such "in view of all that has occurred in Mc existed up in McMinn County for years. sentence as was imposed. Minn County in violation of the people's And then he proceeds: The CoURT. Well, I assume then he can get rights, that he proposes to send two of back in under those conditions. Of course, we all agree that there shoUld be these men back to their work and one to honesty in politics just the same as honesty Thus out of Judge Darr's own mouth the Army." in individual life. Otherwise the country is he condemned. By his own words is Mr. Speaker, I yield to no man in my cannot exist witnout we have fair, square he convicted. I call your special atten respect and veneration for a court of government, and the only way we can have tion to the reasons which he gives for justice. But courts are instituted and that is to enforce the laws pertaining thereto. But it has to be done in reason. letting these defendants go scot free. He judges are paid to enforce the law, not says that what they did was the practice to suspend it. Congress writes the laws. But the question is: Did Judge Darr in their county. And then he says that Congress, as the legislative branch of this enforce the laws made for the punish- while practice does not justify men in Nation, wrote the laws for the protection 1943 CONGRESSIONAL RECORD-HOUSE 1513 of our citizens under which these defend know some of the things the motion feature pictures. I have been present ants were convicted. Judge Darr had picture industry is doing in the war. and have seen the thrill of anticipation no right to set asj1fe or nullify the provi First. Colonel Lawton, Chief of the which runs through a camp when the sions of the thirteenth, fourteenth, and Army's Pictorial Division, said: portable projection truck rolls up, the fifteenth amendments to the Constitu I know of no other industry turning over portable screen is put out at a distance, tion, nor the statutes enacted by Con to the Government items of war zhaterial ab and a late, current movie hit is shown. gress pursuant to them. He had no solutely without profit. From Iceland, from India, from Egypt, right to set them aside and disregard He further stated that the Signal from an. over the world, ranking officers them on the theory that these constitu Corps had yet to reject a single film from write that motion pictures are "as neces tional provisions were adopted and that the Hollywood studios. sary to the men as rations." these statutes were enacted by the people Second. I want the House to know . Sixth. In conclusion, may I point out of the United States and by the Congress what a tremendous aid these training that one reason why America had, be in a time of hysteria. If the law of the fore this war began, a reservoir of good land is to be nullified on that sort of films have teen. I was recently in the will was because of the skillful propa ground, what will become of the Bill of Army. I was trained by these films. I gandizing by the motion picture indus Rights? Is it a nullity and a dead letter? later used these films to train other men. try. The skill of this propaganda lay in And shall we say that King John's rebel The use of training :films has cut the the fact that it never propagandized at lious barons wrung from him at Runny training time by 30 to 80 percent. These training films are excellent. all. Our movies entertained. If they mede the great chart~r of human liberty showed that people in America were free in a time of hysteria'! Does the Decla The Army could never have made them to move about, free to speak, free to ration of Independence pale in a setting alone. It takes the full resources of great studios, the skill of rare technicians, and make use of our resources, that was just sun because Jefferson penned it and the incidental. The audience could draw its Continental Congress adopted it at a time a judgment which only comes from years own conclusions. of hysteria? Is the Constitution and the of familiarity, to make the type of train · All over the world the people did draw laws made pursuant to it a nullity be ing film which our Army is getting. their own conclusions. The motion pic cause adopted and written at a time of For example, these films have beauti tures, more than anything else, have hysteria? ful cutaway animated drawings, show shown the world that Americans are Yes; we believe in the sanctity of the ing how the recoil system of a 105 mm. basically people of good will, with no de courts. Our ideal of a court is one in howitzer works. We have animated sire to impose anything on anyone. which in the corrupted currents of this drawings of how a spark plug works, This is total war. It uses propaganda world, offense's gilded hand cannot shove what to do when a machine gun jams, as well as bombs; cameras as well as by justice; in a court where every action how a Diesel motor works. These train cannon. In this total war, fought by lies in its true light; in a court the doors ing films have little, light humorous the united will of a whole people, the of which shall always be open to the ag touches which hold the interest of the motion-picture industry has done a grieved citizen or to the Department of men. The use of Hollywood-made magnificent wartime job. No industry Justice seeking to protect the rights of training films has, I would like to re has cooperated more fully with the war, its citizens. emphasize, cut the time of certain Army its effort and its purposes. Yes, Mr. Speaker, we believe in a court training from 30 to 80 percent. where justice is administered without Third. On the home front we are prone LEAVE TO ADDRESS THE HOUSE sale, denial, or delay; a court with an to take the work of our motion-picture Mr. WRIGHT. Mr. Speaker, I ask arm long enough and strong enough to studios for granted. We see a patriotic unanimous consent that, after the close reach the collar of every offender be short and we forget that this is not just of business-tomorrow and the disposition neath the :flag and bring him to justice a run-of-the-mill picture, it is a contri· of other special orders, I be permitted regardless of his power; a court whose bution to the wa·r. In total war, morale · to address the House for 20 minutes. heart and mind are so attuned to and are is as necessary as munitions. There The SPEAKER pro tempore. Is there so in sympathy with right and truth and have been hundreds, thousands of pic objection? justice that it can hear the faintest cry tures, which are more than just enter- . There was no objection. tainment--they are a war contribution. of the weakest citizen in all the land; and ~SION OF REMARKS throw around him or her the strong arm Motion pictures have aided in ell war of the law's protection; a court that shall relief drives, the bond drives, the scrap Mr. J. LEROY JOHNSON. Mr. Speak metal drives. The industry has made er, I ask unanimous consent to extend suspend above the ballot box, as it does my remarks in the REQORD by including the home, the shield of the law's protec pictures on recruiting, defense against tion; a court that will not stay the hand saboteurs, against rumors and loose talk, therein a report on the rent situation in of justice when it descends upon the man and on all phases of the war and the Vallejo, Calif., appearing in the San or the machine that has robbed the man home front. Francisco Chronicle of Sunday, January hood and womanhood of McMinn County Fourth. One most important morale 31, 1943. builder-and a versatile gift from the The SPEAKER pro tempore. Is there of the right to vote and the right of the objection? people of that county to live their lives industry-are the army-camp tours and exercise their rigQ.ts in ordered lib which the motion-picture stars are con There was no objection. erty under law. stantly making. At their own expense LEAVE TO ADDRESS THE HOUSE of time, money, and energy, the stars THE MOTION-PICTURE INDUSTRY Mr. WOODRUFF of Michigan. Mr. have brought humor and fun to army Speaker, I ask unanimous consent to Mr. ROGERS of California. Mr. camps from Alaska to north Africa. proceed for 8 minutes after the other Speaker, I ask unanimous consent to ex Monotony and drudgery are as basic special orders today. tend my remarks in the RECORD at this a part of army camp life as are hard The SPEAKER pro tempore. Is there point. work and sacrifice. It is a great allevi objection? The SPEAKER pro tempore. Is there ation to this routine to witness the ar There was no objection. objection? rival of professional entertainment, and The SPEAKER pro tempore. Under There was no objection. such a show is greeted with joy and special order heretofore made, the Chair Mr. ROGERS of California. Mr. boundless appetite by the men in the recognizes the gentleman from New Speaker, recently the Congress was ranks. As one who has sat and relished York [Mr. CELLERJ for 10 minutes. shown a film from our north African ex these shows from the Army private's pedition. After the picture several re viewpoint, I want you to know how O'ITO VON HAPSBURG AND THE marks of a political nature were made, deeply the men appreciate this contribu- AUSTRIAN BA'ITALION and a few criticisms were passed about tion to them from the industry. . Mr. CELLER. Mr. Speaker, I have the motion-picture industry. Fifth. A little known contribution of asked for this time to call attention to I suppose I represent as much of the the industry to the war are the films for a practice of the War Department which motion-picture industry as anyone, and men overseas and in small defense out requires, I am sure, some immediate cor I should like to rise in defense of that posts. At its own expense, the industry rection. I refer to the so-called form~ industry. I would like the Members to has made 16 mm. prints of its current tion or the alleged formation of the 1514 CONGRESSIONAL RECORD-HOUSE MARCH 3 Austrian Battalion in the United States pire, to go to Camp Atterbury and to rounded by a great many of these social Army. Unfortunately that battalion wear the stripe of Austria on them; to satellites who ought to know better. He had been tied up with the pretensions of see the flag of Austria flying in that demands and receives allegiance from Archduke Otto von Hapsburg, a de camP-the red, white, and red flag of his followers. He is called "Your Maj scendant of the old Emperor Franz Josef Austria. They are compelled to learn esty." He bestows decorations, like the of the Austro-Hungarian Empire, and German, although most of them do not Order of the Golden Fleece, the Order of this pretender, now in this country, is know anything about German. They Emperor Josef, and the Order of St. making of our country a political arena may have been born in Austria but Leopold. Some of the things that are to further his ambitions to ascend the brought here when very young. Now, it happening in New York are outrageous, old throne of the Austro-Hungarian seems strange that Czechs and Poles, where this man holds forth. A secret Empire. His pretensions, and the mach loyal Italians and loyal Slovaks, and meeting of the so-called Free Austria inations of the flunkies surrounding him, others of the countries within the old movement, presided over by this man and the monarchists surrounding him, Austro - Hungarian Empire borders, Otto- are driving deeply a wedge between our should be compelled to go· to that bat The SPEAKER pro tempore. The own country and our allies, the govern talion, thus furthering the interests of time of the gentleman from New York ments in exile of the Czechs, Yugoslavs, this pretender, Otto von Hapsburg. The has expired. and the Poles. Frequent protest has War Department may say this is not the Mr. CELLER. Mr. Speaker, I ask been made to the State Department effect. But let us call a spade a spade. unanimous consent to proceed for 5 ad against the activities of this pretender, That is the effect. Many letters from ditional minutes. A great deal of my and now we have the more anomalous these coerced lads indicate such effect time has been taken up in answering situation of finding that Otto von Haps beyond doubt. questions. burg claims the responsibility and the Mr. STEFAN. Mr. · Speaker, will the The SPEAKER pro tempore Is there honor of the so-called formation of this, gentleman yield? objection to the request of the gentle cadre, or Austrian Battalion, in the Mr. CELLER. I yield. man from New York? United States Army. Mr. STEFAN. I am glad to hear the Mr. RANKIN. Mr. Speaker, I an Mr. KNUTSON. Mr. Speaker, will the gentleman say the Stat~ Department has nounced ·awhile ago that I would not gentleman yield? not approved of this action on the part yield for any further extensions of time. Mr. CELLER. Yes. of this Hapsburg gentleman.· Do I Mr. CELLER. Well, my time has Mr. KNUTSON. I am very much in understand the gentleman from New largely been taken up in answering ques terested in what the gentleman said. It York to say that nationals of Bohemia tions. is my recollection that the plans that this are forced to go into a battalion over the Mr. RANKIN. Very well. If they pretender has under way were submitted control of which will be this Austrian? punished you with that, I will withdraw to the State Department and approved. Can the gentleman conceive of anything my reservation of objection. Mr. CELLER. No, indeed. The State more horrible than that? The SPEAKER pro tempore. Is there Department has indicated to me in no Mr. CELLER. I do not say that this objection to the request of the gentle uncertain terms that it deprecates the Austrian, Otto, is ruling or controlling man from New York [Mr. CELLER]? activities of this "chocolate" soldier, this or commanding this battalion. But There was no objection. Poo-Bah and they do not want him to these Czechs are compelled to go into Mr. CELLER. This secret meeting was continue his activities, especially with this battalion by order of the War De held on the second · floor of the Hotel reference to any battalion in our Army. partment or somebody in the War De Diplomat, New York. About a hundred Mr. KNUTSON. I think the gentle partment, against their will. That is invited guests were present, and the room man is right. I was in error. It was the the vice of the situation. I have scores was extremely crowded. The meeting White House that approved it. of letters from these boys whose morale was opened by Mr. Rott-R-o-t-t-head Mr. CELLER. I will not sanction that is greatly reduced because thereof. They of the so-called Free Austria movement, statement. I don't know whether the say that they feel it an honor to fight the committee of this emperor, Otto von White House does or does not approve. under the American flag, but they never Hapsburg. He warned all those present . Mr. DICKSTEIN. Mr. Speaker, will dreamed that they would be compelled that the meeting was to be strictly con the gentleman yield? to do anything which, by the wildest fidential. He introduced Otto von Haps Mr. CELLER. Yes. stretch of the imagination, could further burg as "Our Emperor, our Kaiser," and. Mr. DICKSTEIN. I state to the gen the interests of this papier mache mon claimed that the Austrians had to thank tleman that a number of young men, arch, Otto v.on Hapsburg. him for their position as friendly aliens just because they were born in Austria, Mr. STEFAN. Will the gentleman in the United States. were forced into this so-called Austrian yield further? Then Hapsburg began his address. Battalion even though they do not want Mr. CELLER. I yield. After a short review of the success of to have anything to do with this bat Mr. STEFAN. Under what visa did the Free Austria movement during last talion. this man Otto come into this country? November, he proceeded to attack the Mr. CELLER. I thank the gentleman. Mr. CELLER. He came into this coun Czechoslovak Government in exile. This anomalous situation has developed. try seeking asylum after he had been Imagine his hardihood and nerve. He When permission to recruit voluntarily ousted by Austria, by decree of the Re accused that Government of organizing this Austrian Battalion was conceived, public of Austria, which has never been resistance to his movement, to his gov unfortunately the Secretary of War wrote repealed. He came in here by the back ernment, presuming that he was already a letter to this fellow Otto and said he door, by virtue of a passport issued by back on the Austrian throne. He welcomed his aid. That letter was exag the Belgian Embassy. How under the claimed that anti-Hapsburg influence in gerated out of all proportions and was sun this puppet can come into this coun the New York press was due to Czechs. sent broadcast, and the impression was try on a Belgian passport, presumably He accused the Czechoslovak Govern given that Otto von Hapsburg was organ representing Belgian interests, is beyond ment of continually interfering with izing and was to be the official recruiting me. That passport should be recalled, Hitler methods in Austrian affairs till agent of this battalion. That was a das in all honor, by the Belgian Embassy. 1938. He called the Czechoslovak Gov tardly lie . .It has created a great deal of Mr. STEFAN. Is it true that the ob ernment a pseudo-government, living difficulty and has embarrassed, even now, jective of Otto is to regain control of only from lend-lease. · the War Department. Only 29 Austrians the throne of Austria and that he is here Imagine the presumption of this man volunteered to become a part of this bat for the purpose of securing friendship, attacking our ally, our ally in exile, the talion. Then the War Department was and fomenting intrigue in a political Czechoslovak Government that has given faced with the alternative of either dis program, in order to put himself back the people of their country a republican banding the battalion or trying to recruit into dominant power in Austria? form of government, a people to whom its strength otherwise. Now, they de Mr. CELLER. The gentleman ex the yery name "Hapsburg" is anathema vised a very peculiar scheme of forcing presses it most eloquently and succinctly because it means a feudal minority, a boys who are in the United States Army and properly. feudal aristocracy with a sort of dual as draftees, who are nationals of coun Now, this man Otto holds court in class of people, divided-as Hitler di tries in the old Austro-Hungarian Em- Washington and New York. He is sur- vides-into herren-volk, master people, 1943 CONGRESSIONAL RECORD-HOUSE 1515. and sklaven-volk, slave people. Now, this wants to get out of here and everybody is talion. His parents, at the. present time, fellow wants to bring back into Europe writing home. You can imagine the atmos are in Switzerland. One of the other lads phere and the morale that instills in this who has his first citizenship papers, at amongst the old Austro-Hungarian peo battalion. I am willing to be in any branch tempted to volunteer, but could not do so ple the principle of slave people and of the Army but the Austrian Battalion. because he had been born in Austria. He master race, just as Hitler is doing. He was subsequently inducted. A number of gave much attention to the Austrian Here is another letter from a mother these boys who have been forced to go into Battalion, which he called "his bat of a lad in the Austrian Battalion. I the Austrian battalion asked for a ttansfer, talion." He mentioned the difficulties of omit names: but such applications were rejected. raising volunteers-only 29 in all volun NEW YoRK, N. Y., February 26, 1943. The morale of these lads is greatly lowered teered-and blamed it on the negligence The Honorable EMANUEL CELLER, and they are very much bewildered. Some of and ignorance of some of the draft Representative United States Congress, them are Slavs, others Czechs, still others Washington, D. C. Poles, and even Italians. Frankly, they ex boards. Imagine an alien here by our press anxiety and even fear. They presume sufferance accusing our officials of negli MY DEAR CoNGRESSMAN: This is to inform they are furthering the cause of this pre gence and ignorance. In the discussion you of the· following facts: tender, Otto von Hapsburg. Apparently, the main issue was whether to come out My son Peter, 21, born in Vienna, Austria, while Otto von Hapsburg is not officially in has been inducted into the United States the position of directing the battalion, his openly as monarchists or no~. It .was Army on January 20, 1943, and after a period decided not to come out openly as mon name is frequently mentioned, unofficially, of 2 weeks he spent in Camp Upton, N. Y., by noncommissioned and commissioned of archists. In the debate the statement was transfered to the One Hundred and First ficers, who tell the men all about him. "Masaryk is a traitor'' and demands for Infantry Battalion (Sep.) in Camp Atterbury, Numerous of these lads are as American as "the complete restoration of the Haps Ind., known as the Austrian Battalion. you and I. They know no German, but are burg empire" were enthusiastically ap Born in New York City I am rm American compelled to study German and to learn plauded by the audience. citizen by birth and renaturalization. Living Austrian customs and traditions. Mr. KNUTSON. Mr. Speaker, will the in Vienna, Austria, where my late father was They want to fight for America, and I agree gentleman yield? general representative of the B. F. Goodrich that they should not, by any stretch of the Mr. CELLER. I yield. Co., Akron, Ohio, for many years I fled after imagination, be forced into a position where the Anschluss with my husband and son to they feel they are furthering the cause of Mr. KNUTSON. Has the gentleman my native country. Otto von Hapsburg. any information as to how this move After the experience we have had there I have the names of a number of these ment is being financed? we don't want to have anything to do with men, but I don't think it is proper to divulge Mr. CELLER. I have information Austria. My husband and my boy are only them. which I have submitted to the F. B. I. too anxious to become full-fledged United This situation is very serious, Pnd I do in There are, I am informed, five or six rul States citizens and to fight for this free deed hope that appropriate orders will be ing families in Germany today who have country. forthcoming to the effect that no man shall been contributing large sums to the at But none of us is interested in fighting be compelled to serve in this Austrian bat and dying for Austria's or Hapsburg's cause, talion against his wishes. tempts of the Empress Zita, the mother since we are convinced that a restoration of It was my impression that only volunteers of Otto, and her son Otto to restore the this ill-fated house would inevitably cause a of Austrian extraction would be embraced Austro-Hungarian Empire. new catastrophe for the whole world. within the Austrian battalion. I got this Mr. KNUTSON. Are they benefiting My boy was feeling very well in Camp Upton information from the War Department. from Lease-Lend? Does the gentleman among his American comrades, but in Camp Apparently, the situation is changed. know? Atterbury he feels very unhappy as do all I would appreciate word from you on this Mr. CELLER. I do not think that is his other buddies there. They have the feel- . important matter. the situation. ing of being in a kind of foreign legion and Very truly yours, Mr. DICKSTEIN. No. being purposely separated from the rest of EMANUEL CELLER. the United States Army. His reply follows: Mr. KNUTSON. Do not prompt the Consequently I ask you to do everything in witness. your power toward the entire dissolution of MARCH 1, 1943. Mr. CELLER. The witness does not this Austrian Battalion and the transfer of Hon. EMANUEL CELLER, need any prompting, the witness can its members into regular United States out House of Representatives, speak for himself. I am quite sure that fits where they would be much more useful Washington, D. C. than in the outfit they heartily dislike. DEAR MR. CELLER: I have your letter of is not the case; but this fellow, Otto, February 24 with regard to the recently wants to go back into Europe, presum Thanking you in advance for your kindness, formed Austrian Battalion. ably on a white charger at the expense I am, my dear Congressman, The context of your letter has been taken probably, of Lease-Lend, bestowing Respectfully yours, under study, and when a report is rendered largesse, and feeding and clothing the to me I will communicate with you further. needy in his so-called empire, thereby Under date of February 24, I sent the Thank you for bringing your interest in getting their support; I presume that is following letter to the Secretary of War: this matter to my attention. Sincerely yours, his intention and ambition. FEBRUARY 24, 1943. HENRY L. STIMSON, I assure you, Mr. Speaker, efforts Hon. HENRY L. STIMSON, Secretary of War. should be made by all of us to prevail Secretary of War, Washington, D. C. upon the War D~partment to do one of MY DEAR MR. SECRETARY: I am receiving Feeling sure that the flock surround two things: Either to disband this letters from parents of boys who have been ing Otto von Hapsburg are violating our inducted into the service and who are na immigration and other statutes, partic Austrian Battalion or to preclude forcing tionals of countries formerly embraced with men against their will into this battalion. in the Austro-Hungarian Empire. These let ularly with reference to the requirement I shall put in the RECORD a number of ters contain complaints by these selectees that agents of foreign governments reg letters, appealing letters, from lads who who are not necessarily Austrian, but who ister as such, under date of December have been coerced to wear this Austrian are of the nationality of countries which, 16, 1942, I sent the following letter to stripe to do homage to the Austrian flag prior to World War No. 1, were within the J. Edgar Hoover, Director of the Federal they hate, these Czechs, these Poles, boundaries of the empire presided over by Bureau of Investigation. Mr. Hoover re these Croats, these Slovenes. It is a Emperor Franz Joseph. Appended hereto are plied that the matter was receiving extractions from letters which have been situation that cries loudly. They should sent which clearly indicate the tremendous earnest investigation and that he had have some sort of relief. Here is one dissatisfaction created in the minds of these referred the subject matter as well to the letter, for example, that a boy writes. lads. Department of Justice and Department It is typical: Unfortunately, the formation of this Aus · of State. I am a soldier and I want to fight fascism, trian battalion has been tied up with the DECEMBER 16, 1942. but I do not want to fight as an Austrian for pretender, Otto von Hapsburg. This is, in J. EDGAR HOOVER, Otto von Hapsburg and the restoration of deed, not the fault of the War Department, Director, Federal Bureau of Investigation, his empire. I would rather fight against but the letter which you sent to this pre Washington, D. C.: the Austrians. I do not want to fight for tender has been exaggerated out of all pro Enclosed please find copy of CoNGRESSIONAL something that is contrary to everything I portion by this Otto von Hapsburg and his REcoRD, a portion of which contains my believe in. I want to fight for America. followers. · speech delivered over station WHN on Mon America is first a democracy and a free coun A lad who phrased one of the letters offered day, December 14 and which I have marked try. I do not know what to do. I am dis to volunteer as a paratrooper but was re for your attention. It concerns itself with turbed. Everybody throughout the unit jected and ordered into the Austrian bat- Otto von Hapsburg and his committee. 1516 CONGRESSIONAL RECORD-HOUSE MARCH 3- I am submitting a group of names to you. unify the Czechoslovak peoples. Twenty tion must be erased. At a time when It might be well to have those named ·in years of freedom helped to str.engthen Czechoslovaks are working out their own vestigated for violation of visa regulations that unity. The alleged activities of the problems for democratic unity let no and to see whether they are agents of a foreign political group which by heredity foreign government and, if so, whether they Hapsburgs who are here in our own have registered as such. country planning and conspiring politi is opposed to the freedom of Czechs and The names follow: cal programs for li:urope a·re distasteful. Slovaks operate in our republic to destroy Hans Rott, chairman of Free Austrian Just why we in free United Sta ~ es should the Czechoslovak march to liberty. Movement, Hotel Diplomat, 105 West Forty allow foreign political refugees to take Those who have some sympathy with third Street, New York, N.Y. advantage of our hospitality to organize the Hapsburgs must not forget that many Edmund Czernin in Washington. political groups and intrigues which they of us expect that all criminals responsi Walter V. Schuschnigg, 120 East Thirty plan to take into Europe to regain ble for this Second World War which is fourth Street, apartment 3R (f), New York. Prince Francis Windischgraetz, Hotel Pierre, political power over there I cannot un costing the lives of hundreds of our fine New York, N. Y. derstand. Such activities should have American men will not go unpunished. Count Heinrich Degenfeld, Hotel Essex no assistance from people of the United That issue is not going to be avoided as House, New York, N.Y. States. We can take a lesson from the it was after the last V/orld War. At that Dr. Koganowski, alias G. M. Carst, Hotel great work done in north Africa by our time the Hapsburgs went unpunished al-· Essex House, New York City. capable minister, Robert Murphy, on though they were as responsible for the Dr. Otto Kallir, alias Nierenstein, 45 West whose shoulders was heaped much abuse war as were the Hohenzollerns. In my Fifty-seventh Street, New York City. by the various foreign factions, because Hans Rott is called bund minister of Otto opinion some of them are now parading of Haspburg's military committee. Murphy refused to meddle in French pol as democrats. In addition, I wish to submit the name of itics; because he would not take sides Mr. Speaker, we have in our midst the Guido Zernatto, who is a great and trusted with the various political factions over natiqnals of many foreign countries. friend of Mussolini. There is likewise Rich there; because he made it plain to the Thousands of foreigners who are here ard Schuller, who is called the Plenipoten people over there that he was a repre enjoying our hospitality and refuge from· tiary Minister of the committee and Fred sentative of the United States Govern persecution and oppression. Thousands eric Taylor, all in care of the Committee for ment which did not and would not med who are here just waiting to go back to the Liberalization of Austria at 1775 Broad way, New York, N. Y., room 831. The com dle in the internal political problems of what they call home, when this war is · mittee has a post-office box No. 4866, Cleve those foreign people; because all we were over. More than eight governments in land Park Station, Washington. there for was to help win the war against exile and 10 or more fre•;: foreign move I should like to direct your attention to oppressors of mankind; because we ments will present many claims later. Dr. Tibor von Eckhardt. Apparently, he is wanted no new land, no profits, noth Let our State Department work out these liaison officer between the monarchists in ing but the defeat of a common enemy foreign problems. Hungary and those in this country. He is an of mankind. PERMISSION TO ADDRESS THE HOUSE arch anti-semite and the originator of the All we ask of these foreign political Nazi concentration camp idea. While in refugees who come to our country for Mr. HOFFMAN. Mr. Speaker, I un Hungary, he was guilty of dreadful excesses derstand there are two other special against minorities. He was of the terrorist their own safety is to stop fomenting gang that terrorized the whole Hungarian trouble in our own land. To stop put orders and that the Members who have countryside. Such a man is now operating ting class against class and if they want them are in _somewhat of a hurry. I am· in this country under the guise of Free Hun to fight their own political campaigns not in any hurry. I ask unanimous con gary Movement. some place-they should go back to their sent that I may be shifted to the bottom I submit likewise the name of Dr. Milan own countries and fight and plan and of the list. Hodza, former Prime Minister of Czechoslo intrigue because we cannot afford at any The SPEAKER pro tempore. That vakian Republic. He now opposes the Czecho would make . the gentleman follow the slovakian Government in exile and is making time to have such intrigues going on in strenuous efforts to undermine President our country. gentleman from Michigan [Mr. WooD Benes. He has a vicious record in Europe There has been sufficient information RUFF]. Is there objection to the request for terrorism and is closely connected with given to this House to the effect that of the gentleman from Michigan? Otto of Hapsburg. these Hapsburgs are planning to regain There was no objection. I have other names an:l I shall submit control of their own country in Europe EXTENSION OF REMARKS them to you later. I shall appreciate your after we win the war. So it all appears reaction to my proposals, as aforesaid, to in