1930 CONGRESSIONAL RECORD-SENATE 349 The VICE PRESIDENT. It does not have to lie over for a Mr. LA FOLLETTE. I desire to announce that my colleague day. It simply must be presented a day later. the junior Senator from Wisconsin [Mr. BLA.INE] is absent on Mr. BORAH. That is the purpose of offering it at this official business of the Senate. I will let this announcement time, so as to lie over until Monday. stand for the day. Tbe Chief Clerk read the resolution of ratification, as follows: 1\lr. McMASTER. I desire to announce that my colleague the Resolved (two-th4rds of the Senators prese:nt conc-ut·ring therein), senior Senator from South Dakota [l\Ir. NoRBECK] is unavoid­ That the Senate advise and consent to the ratification of Executive I, ably absent on official business, and that he will be absent for Seventy-first Congress, second session, a treaty for the limitation and the remainder of the session. reduction of naval armament, signed at London on April 22, 1930. Mr. SHEPPARD. I desire to announce that the senior Sena­ tor from South Carolina [Mr. SMITH] and the senior Senator EXECUTIVE MESSAGES REFERRED from Missouri [Mr. HAWES] are detained from the Senate by The VICE PRESIDENT laid before the Senate messages from illness. the President of the. United States submitting sundry nomina­ I also wish to annotmce that the senior Senator from New tions, which were referred to the appropriate committees. Mexico [Mr. BRATTON] and the junior Senator from South PA. YMENT OF MILEAGE Carolina [l\Ir. BLEASE] are detained from the Senate by illness As in legislative session, in their families. l\Ir. . WATSON ubmitted the following resolution (S. Res. I also announce that the Senator from Arizona [l\Ir. 329), which was referred to the Committee to Audit and Control A HURST], the Senator from Maryland [Mr. TYDINGs], tbe Sena­ the Contingent Expenses of the Senate: tor from Texas [l\:lr. CoNNALLY], and the Senator from Ken­ tucky [.M:r. BA.BKLEY] are absent on official business, attending Resolved, That the Secretary of the Senate hereby is authorized and se sions of the Interparliamentary Union in London. directed to pay from the appropriation for expenses of inquiries and Mr. FESS. I desire to announce that the junior Senator im·estigations, contingent expenses of the Senate, fiscal year 1930, from North Dakota [Ur. NYE] is detained on business of tOO to Senators their mileage for the present special session of the Senate. Senate, attending sessions of the special committee to investi­ ADJOURNMENT gate campaign expenditures. I will let this announcement stand 1\fr. BORAH. In executi-ve session, I move that the Senate for the day. adjourn until Monday next at 11 o'clock a. m. Tbe VICE PRESIDENT. Seventy Senators have answered The motion was agreed to; and (at 4 o'clock and 32 minutes to their names. A quorum is present. p. m.) the Senate adjourned until Monday, July 21, 1930, at 11 FRAr K T. IDNES, ADMINISTRATOR OF VETERANS' AFFA.IRS o'clock a. m. Mr. SMOOT. From the Committee on Finance I report back favorably the following nomination and ask for its immediate NO~IINATIONS consideration. Executive· 'IWmitn..ation.s 'received by the Senate· July 19 (legisla­ The VICE PRESIDENT. The nomination will be reported. tive day of July 8), 1930 The Chief Clerk announced the nomination of Frank T. Hines, of Utah, to be Administrator of Veterans' Affairs. ENVOY ExTR.A.ORDINARY AND MINISTER PLENIPOTENTIARY The VICE PRESIDENT. Without objection, the nomination William M. Jardine, of Kansas, to be envoy extraordinary will be confirmed, and the President will be notified. and minister plenipotentiary of 'the United States of America to Egypt. ME!1BERS OF FEDERA.L POWER COMMISSION ADMINISTRATOR OF VETERANS' AFFAIRS .Mr. COUZENS, from the Committee on Interstate Commerce, reported favorably the following nominations, which were placed Frank T. Hines, of Utah, to be Administrator of Veterans' on the Executive Calendar: To be members of the Federal Affairs. Power Commission for the terms stated. For the term expiring MEMBERS OF THE FEDERAL POWER. COMMISSION June 22, 1931-Claude L. Draper, of Wyoming; for the term The following-named persons to be members of the Federal expiring June 2'2, 1932-Ra.lph B. Williamson, of Washington·; Power Commission for the terms herein stated, as follows: and for the term expiring June 22, 1933-Marcel Garsaud, of For the term expiring June 22, 1931, Claude L. Draper, of Louisiana. Wyoming. TARIFF VIEWS OF IDAHO STA.TE GRA.NGE For the term expiring June 22, 1932, Ralph B. Williamson, of .As in legislative session, .Washington. Mr. THOMAS of Idaho. Mr. President, I ask unanimous For the term expiring June 22, 1933, Marcel Garsaud, of consent to have printed in the RECoRD a statement of the tariff Louisiana. committee of the Idaho State Grange with reference to the tariff VICE GOVERNOR OF THE PHILIPPINE ISLANDS act of 1930. · Nicholas Roo evelt, of New York, to be Vice Governor of the The VICE PRESIDEN'.r. Without objection, it is so ordered. Philippine Islands. The statement is as follows : CoLLECTOR oF INTERNAL REVENUE [From the Boise Capital News, Boise, Idaho, July 15, 1930] A. Pendleton Strother, of Roanoke, Va., to be collector of GRANGE PLEA.SED OYER INCREA.SES IN TARIFF BILL-COMMITTEE REPORTS internal revenue for the district of Virginia in place of John IDAHO PRODUCEBS REALLY RECEIVED MORE THAN ORGA.!flZA.TION ASKED 0. Noel. FOR IN SCHEDULE The recent tariJl' law passed by Congress benefits Idaho producers fap SENATE more than the State grange committee, appointed to recommend certain schedules in it, anticipated when it submitted its recommendations. MoNDAY, July ~1, 1930 This is made clear in the report of the committee that has been The Senate met in executive session at 11 o'clock a. m. presented to the Grange by its member, Ray McKaig, chairman, and \V. E. BROCK, a Senator from the State of Tennessee, and W. W. Deil, State master. SMITH W. BROOKHART, a Senator from the State of Iowa, ap­ The report of the committee, as submitted by l\Ir. McKaig, is as peared in their seats to-day. follows: Mr. FESS. Mr. President, I suggest the absence of a quorum. "Your committee, consisting of State Master W. W. Deal and The VICE PRESIDENT. The clerk will call the roll. myself, representing the State Grange of Idaho on the Idaho State Tbe Chief Clerk called the roll, and the following Senators Tariff Commission, met a year ago last winter in a number of con­ answered to their names : ferences to help draw up a schedule of tariff rates for Idaho agl'icul­ Allen Goldsborough McKellar Shipstead ture and sent this request for higher tariff on Idaho products to the Bingham Gould McMaster Shortridge congressional delegation at Washington, urging them to support it as Black Greene McNary Smoot far as possible. We are glad to inform you that the new tariff schedule Borah Hale Metcalf St~iwer Brock Harris Moses Sullivan is by all odds the best tariff bill for agriculture in Idaho that has ever Brookhart Harrison Norris Swanson been presented, and that the demands of the Idaho Agricultural Com­ Capper Hastings Oddie Thomas, Idaho mittee have been granted on some items beyond our fondest expecta· Caraway Hatfield Overman Thomas, Okla. Copeland Hebert Patterson Townsend tions. Couzens Howell Phipps Trammell " For example : the Twin Falls district and other sections asked for Dale Johnson Pine Vandenberg Deneen Jones Pittman Wagner 3 cents a pound protection on dried beans; the present tariff is 1%, Fess Kean Reed Walcott cents. Three cents is the rate in the new law. We asked for 2¥.! cents Fletcher Kendrick Robinson, Ark. Walsh, Mass. a pound on onions; llh cents is the old law, yet we got our new de­ George Keyes Robinson, Ind. Walsh, Mont. Gillett King Robsion, Ky. Watson mand. On alfalfa and alsike clover seed the old law is 4 cents a pound. Glass La Follette Schall We requested 8 cents. We got om· request. One of the bitterest fights Glenn McCulloch Sheppard put up in Congress was against our demand for 6 cents a pound tariff ·350 CONGRESSIONAL RECORD-SENATE JULY 21 on casein to give our cooperat:f.ve creameries protection. Some of the in dealing with this problem is a oool-headed, comprehensive survey of big publishing companies in the East waged bitter warfare against . all its variant asriects, not by committees · and organizations whose con­ increasing the rate, which was 2lf.a cents a pound, because casein is used clusions are formed in advance, and who seek only evidence that will extensivelY in gloss paper. We wanted 6 cents a pound; we got . 5lf.a confirm their preconceived ideas, but by a detached, unbiased body of cents. men and women. who have no theory to prove and wbo e only aim . " The big leak in the sheep market was the tariff on wool rags. is to find the truth and the whole truth. Mr. Hoover, in his acceptance 'l'rue, there was a protection of 31 cents a pound on wool, which was address of two years ago, when speaking of what he called the "great increased to 34 cents a pound, but woolen rags were made by the experiment," had advocated just such an "organized earching inquiry," foreign manufacturers and shipped into this country under a tariff but Congress in the following se sion dodged the issue and authorized protection of 7lh cents a pound under the old law, and so great were instead a much-diluted inquiry into the enforcement of all laws-an the shipments that it beeame a regular flood. These woolen rags were altogether different proposition. remade into clothing. To-day we have a tariff of 18 cents a pound under Convineed that the original Hoover idea was the most sensible, the the new law against woolen rags. The old tariff on milk was 3%, cents most fair, and the most promising avenue of approach to this particular a gallon. problem, I endeavored last yeat· by every pos ible means to persuade "The Agricultural Committee asked for 4 cents. The eastern dairy­ Congress to return to that proposal. The bill which I sought to have men helped raise it to 6¥.1 cents per gallon. Cream rate has been in­ adopted would have directed the Wickersham Commission- a representa­ creased from 30 cents to 56 cents per gallon. The old law was 12 tive group of judicially minded men and wo~en-to study the subject cents a pound on butter protection; now it is 14 cents. Poultry had 3 of our liquor legislation from the ground up, and would have provided cents a pound protection; now it is 8 cents on live fowl. Dressed fowl them for that purpose abundant time, money, and authority to engage was 6 cents a pound ; now it is 10 cents. Fresh and preserved eggs the most competent experts that could be found, and to conduct exhaus­ both have been substantially increased. Potatoes have been raised from tive and scbolal'ly investigations wherever in this country or abroad 5v cents to 75 cents per 100 pounds through the new tariff law. Beef they might ee fit. and veal have been increased from 3 to 6 cents a pound, and under the All that the vast majority of the American people want and all that livestock schedule the cattle rate has been increased 33 per cent. any right-minded .American wants is the truth. If the present laws " The slight increase on the sugar tariff, though the back door is and methods are working satisfactorily, let us know it. But if they are open from Hawaii and the , will increase the returns to the not, let us know that also. Such an investigation would have given us farmer of eastern Idaho to at least 60 or 70 cents a ton more on sugar unprejudiced information about this which we now lack. It seemed a beets. common-sense proposal, and one a umed that it merited and would "The stand of the National Grange on tariff, if we understand it receive the support of all who are actively interested in the question correetly, is substantially as follows: That since we have a protective regardless of their predilections. in tariff law this country, agriculture is entitled to such protection in " DRY " OPPOSITION TO I.UP.AJlTIAL INVESTIOATIO~ the same ratio as the organized industries, so Idaho agriculture got a very gracious treatment from Congress in this last tariff bill. In fact, Unfortunately it must be recorded that this assumption proved ill the rates on agricultural products of Idaho are the highest ever written grounded. A letter addressed to the responsible heads of every national organization and committee known to be concerned with prohibition, in the tariff bill, and we feel that many of them will be of particular whether pro or con, bespeaking their support and asking for their benefit to the different products grown in our State. opinions and suggestions, brought an amazing and disillusioning response. · " It is remarkable and pleasant to note how the agricultural rates of Not a single representative of any of the organizations commonly spoken the new law conform to the Tequesta ot the Idaho agriculture commit­ of as "dry," expre sed anything but hostility to the proposal, and some tee. We owe a debt of gratitude to the delegation who worked faithfully of them replied in terms of harsh and bitter condemnation that might for our interests. A very strong fight was made in the East against appropriately have been applied to the projects of a gangster or a this bill because it protected agriculture too much, and the Hearst racketeer. Whether or not they fear the truth, who can say? The papers and other chain papers fought it viciously by editorial and car­ fact remains that from fir·st to last the proposal of an unbiased investi­ toon. A number of manufactured products, especially of interest and gation encountered both directly and indirectly the persistent and de· value to the farmer, such as agricultural machinery, etc., were admitted termined opposition of these organizations and their agents. In the free." end their will and influence prevailed and the project of a scientific in­ THE E!GHTEENTH AMENDMmi'T--SPEECH BY CONGRESSMAN ANDREW, quiry was thwarted. OF MASSACHUSETTS So long as there was any possibility of such an organized inquiry, I As in legislative session, refrained not only from expressing but even from attempting to formu­ Mr. GILLETT. Mr. President, I ask unanimous consent to late in my own mind any definite opinion upon the merits of the varying have printed in the REOORD a speech by Congre sman ANDREW, points of view. Now, however, that that door is closed, I feel bound of Massachusetts, delivered at Amesbury, Mass., on July 17. to do so, even though my opinion must be ba ed only upon such limited The VICE PRESIDENT. Without objection, it is so ordered. observation and information as have come my way during the time that The speech is as follows :. I have been !lble to devote to the subject_ I believe that nothing but good can come from frank and honest discussion, and that the moment Some time ago I promised that after Congress had adjourned, and I has arrived when those whose special duty it is to deal with the Nation's was freed from the pressure of mo.re immediate problems, I would problems ought to give attention to the most tormenting problem in our endeavor to make a clear statement of my position on the eighteenth national life. amendment, and I hope you will not mind my choosing this occasion to ORIGIN OF ElGHTEENTH AMENDMENT keep that promise. , . Anyone would be optimistic indeed who thought he could speak a final The attempt to deal with intemperance by prohibition dates back or convincing word to-day upon a question so deeply mired in prejudice many centuries in other parts of the earth, but is of very recent origin and passion. But I think you will agree with me in this, if in nothing in the Western World. The Hindus for 2,000 years have prohibited else that I may say to-night, that one in public life can deal no better not only the manufacture, transportation, and sale but even the use of with such a situation than to shed the inhibitions of expediency, be all fermented beverages, and for 2,000 years their prohibitory laws have honest with himself, an.d try to think and speak the truth. Even for been ignored or only nominally observed by all cla ses. The Moham­ one imbued with such a purpose, the problem presented by t he eight­ medan countries for 1,300 years have "bad similar laws, and except eenth amendment is not easy. It bas so many sides and angles of among a few small sects their experience bas been no different. approach. Among Christian peoples no such experiment bad been tried until within the span of years of men now living. The first attempt was in The familiar parable of the blind men of Hindustan and the elephant the State of Maine in 1851. Between that date and the outbreak of is very much in point. One of the men, you will remember, who felt the World War 24 of our States had at one time or another adopted the elephant on its bard, rough flank, thought it was a wall ; another, prohibition, but when the war began most of them had abandoned it, who grasped its leg, that it was more like a tree ; a third, who clutched and only nine, of scant and scattered population, mostly in the South, the squirming .trunk, that it was a snake ; the fourth, who touched the remained under prohibitory laws. During the course of the war 19 pointed tusk, that it was like a spear; while still another, seizing the other States, in the main al o of rural population, adopted it, but they flapping tail, was sure it was a rope. They were all right, each from his had little chance to test their legislation, for suddenly, with the need of own angle, but they were all wrong, because the elephant was much saving grain for the troops and peoples engaged in the war, the pro­ too big for any of them· to grasp as a whoJ.e. posal of nation-wide probibitlon was launched and adopted. Then, as NEED FOR AN ORGANIZED INQUIRY the war ended, it was proposed to make national prohibition permanent, There are a great many angles from which the eighteenth amend­ and under the stimulus of war-time emotion this proposal al o met ment can be regarded, and, unfortunately, few of its commentators are enthusiastic support as calm as probably were the blind men of Hindustan. One who tries Our people, militant with the spirit of victory, and imbued with a to discuss it honestly and frankly must not only feel his way through willingness to make any sacrifice for what they thought to be a a maze of conflicting impressions and dogmatic assertions of opinion but patriotic cause, recognized nothing at the moment as unattainable must be prepared to make tbe effort in a tempest of criticism and for a . country which had just been the deciding factor in the greatest abuse. Because of this I have long contended that what we m"ost need war the world had ever known. Few stopped to question whether the 1930 CONGRESSIONAL RECORD-SEN ATE 351 spirit of sacrifice which had animated the Nation during the war was with cannon, machine guns, and other armament of war (only a minor likely to continue, or what would happen when the tide of emotion fraction of which would be required to prevent smuggling were it not bad receded. Few stopped to ask whether the proposal was feasible for prohibition). or practicable, whether it took due account of divergences of opinion For the sake of this amendment time-honored rights of individuals, and customs in different sections of the country which sooner or later some of them supposedly guaranteed by provisions of the Constitution were bound to reappear. Few stopped to inquire. what would even­ itself, have been l'Uthlessly shoved aside. Houses are searched and tually be involved in the way of further legislation, regulations, penal­ property seized without warrant. Automobiles are overhauled on the ties, government bureaus, and multitutlinous enforcement personnel highways and pleasure boats ransacked in our harbors. The im­ and machinery. Few were concerned about its consistency with our memorial right to trial by jury has been nullified or curtailed. Men conception of natural rights, or our traditions of local self-government, are tried more than once for the same cause and punishments are in­ or even about its appropriateness to the Federal Constitution. The fli cted, as under the Federal "5 and 10" law, or the "life for a pint" country at the moment seemed too near the millenium to be cautious laws of certain States, that are out of all proportion to the gravity of about such things, and our legislators, in the several States as well the offense. as in Washington, had little difficulty in deciding that success was not For the sake of this amendment our Government has violated long­ to be doubted, and that the great experiment of nation-wide prohibi­ established agreements of international law, bas engaged in heated tion should be made permanent and incorporated in the National Con­ controversies with one foreign government after another, which under stitution. certain circumstances might easily have led to war, and has even re­ EIGHTEENTH AMENDMB~T U!lo'DER:.\II~ING !'HE CONSTITUTION sorted to the unprecedented and not too proud expedient of asking However Americans may dilfer about nation-wide prohibition in foreign aid in enforcing laws that are peculiarly our own. To this end itself, I know of no recognized authority on American government who we have besought other countl'ies to abandon old rules of the sea to does not to-day agree that the eighteenth amendment is fundamentally maintain which in other days we went to battle, and no less than 14 out of place in the Constitution, and that it was a grave mistake to international oonventions to accomplish this have be~n negotiated. place it there. The Constitution is a chatier of government and was For the sake of this amendment the tentacles of government now not intended to be a code of laws. Its only purpose was to eRtablish reach out sometimes pettily, sometimes viciously, into almost every the Government's framework. It defines the agencies and powers of corner of life. We read, for instance, of the banning of mineral waters, th_f National Government, protects the States from Federal encroach­ ginger ale, and ice in city restaurants and hotels, that the sale of crocks ments upon their original authority and safeguards its citizens in the and jugs, bottles, stoppers, and corks has been forbidden in certain exercise of their inalienable rights. The Constitution was not · designed stores, and that Federal agentl!l have seized sugar and yeast on sale in to be, and ought never to have been made the vehicle of any statutory other business establishments. We find ourselves unable to buy cider enactment, irrespective of the subject matter, whether agriculture, or the juice of grapes witl10ut embalming fluid, which makes both bev­ industry, commerce, llanking, education, crime, or anything else. A erages unhealthful and difficult to digest. Helpful though such meas­ law, no matter bow important, dealing with murder, arson, embezzle­ ures may be in checking certain infractions of the prohibition law, they ment, burglary, or bigamy would not properly belong in the Constitu­ scarcely can increase respect for the general cause. Far more disin­ tion. Even more out of place is a law concerning particular kinds of tegrating for that respect is the information that prohibition agents beverages. spend huge amounts of Government money to induce men by fraud and It would have been appropriate (whether necessary or wise is, of deceit to violate the law in order to entrap them. Still more repellant course, another question) to adopt a constitutional amendment trans­ is the knowledge that the Federal Prohibition Service injects the dead­ ferring from the States to the Federal Government authority to deal liest of poisons into industrial alcohol, and is willing in order to promote with these beverages, or with any of the other subjects which thereto­ enforcement to inflict blindness, paralysis, and death not only upon vio­ fore bad been reserved for State control. But the interpolation in the lators of the prohibition law, but even upon those-perhaps your boys Constitution of a specific method or system of dealing with them was and girls--who may be their innocent victims. This action on the part wrong. It would have been wrong to put the Federal reserve system, of your Government and mine has caused indescribable misery and sent or the farm-relief system, or .the method of regulating interstate com­ countless American citizens to untimely and unsuspected graves. In all merce, or the fluible tariff into the Coru;1:itution. It was equally wrong the annals of official atrocity, including those ascribed to enemy armies to put the prohibition system there. Such an inappropriate treatment during the late war, I know of none more dastardly or more heinous. of our great charter had never occurred before the eighteenth amend­ For the sake of even such partial enforcement o.f the eighteenth ment, and its adoption marked a radical departure from all the tradi­ amendment as we now have, measures, regulations, and punishments tions and precedents established during an experience of 130 years. have been considered necessary that are not only inordinate in number, lrre pecti>e of whether prohibition is good or bad as legislation, its but obnoxious in character and scale, repugnant to our traditions, and insertion in our Constitution has done incalculable harm to the stand­ hostile to the dletates of conscience and common sense. They have pro­ ing and authority of that immortal document. It has brought about a voked widespread resentment, disrespect for law, and contempt for lowering of regard for that " master work of master minds" which Government authority throughout large g1·oups of the American people, from our earliest times had inspired a measure of respect akin to regardless of their age or sex or walk in life. No matter what the bene­ reverence. Because of it the authority of the Constitution has been fits of national prohibition may be, they are costing too great a price. weakened and impaireu. Its provisions for the first time are treated The objectionable methods employed, and apparently required, for its with large-scale indifference or levity and flouted by not a few. enforcement and which are undermining the country's respect for gov­ This is not all. The integrity of the Constitution is still further ernment itself, present a compelling reason why the eighteenth amend­ jeopardized by the fatal precedent which that amendment established. ment should not be retained. Ad>ocates of nostrums for many other evils now seek to have their EIGHTEENTH AMENDMENT UNDERMINING MORAL STANDARDS chosen remedies incorporated in the same document, pointing to the We come now to the strangest and most serious fact of all. While eighteenth amendment as showing the way. Should they succeed as the Government for more than a decade has engaged in a monumental the advocates of that ap:tendment succeeded, the undermining of the struggle to coerce observance of the amendment, while Congress and basic bulwark of our Government will be complete. Its unique and State legislatures have passed laws upon laws, established bUl'eaus after essential character will be wholly lost. . The commanding weight of its bureaus, appropriated larger and larger sums of money, and made pun­ authority will be altogether destroyed. ishments for tiolations more and more severe, after all these years and The injury, actual and potential, done to the Constitution itself, in all this effort prohibition enforcement to-day has little more than my judgment, is a very serious objection to the retention of the nominal support from a considerable part of our people. The most eighteenth amendment. simple observation of life around us shows that the prohibition laws EIGHTEENTH AMENDMENT UNDERMINI!'iG RESPECT FOR GOVERNMENT form a class by themselves and that the average citizen makes slight Never in all of our history has such an heroic effort been made to effort to c-ooperate in their enforcement. The same individual who would force a restrictive policy upon reluctant and resisting citizens as has consider himself (or herself) contemptible if he failed to call the police been made during the past 11 years to enforce the eighteenth amend­ when be saw a thief entering a neighbor's house, would consider him­ ment. l\fore agencies of the Government have been drawn upon, more self equally contemptible if he did so when it was a bootlegger illicitly money has been spent, more men have been employed, more laws have delivering illegal beverages. The same individual wbo would feel it been passed, more rules and regulations have been promulgated to com­ his unquestionable duty to inform and aid the police in a case of pel compliance with this amendment than for any other enactment that "bit-and-run" driving, pic.kpocketing, assault, burglary, embezzlement, or our Government has ever adopted. almost any other contravention of law, seldom feels any obligation to For the sake of this amendment the Federal Government has mobil­ do so when violations of the prohibition laws are involved. Enforce­ ized, outside of all State and municipal services, an army of men con­ ment of the e laws remains almost wholly in the hands of those who siderably larger than the whole Marine Corps ot the United States are paid to enforce them-the police and other hired agents ot the most of them armed with automatic rifles, shotguns, or revolvers. ' Go;-ernment, who rarely receive the slightest assistance or encourage­ For the sake of this amendment the Federal Government has or­ ment from the common run of men and women. ganized a special navy, which to-day ranks sixth in size among the Nor is this the whole story. The prohibition laws remain in a class navies of the world, including 25 destroyers, 33 so-called cruisers, 243 by themselves in a stlll more serious respect. We can not bury our patrol ~-essels, 125 picket boats, and other miscellaneous craft, equipped heads like the ostriches or close our eyea to the further fact that the 352 CONGRESSIONAL ItECORD-SENATE JULY 21 prohibition laws are· everywhere viohlted, both in letter and in spirit, ­ "deficit in the Treasury." He doesn't advocate and Congress doesn't by otherwise iaw-abiding and high-minded people. without the slightest vote to give them certificates payable in 20 years ; no, sir ! They get compunction <>f conscience and without evoking general condemnation cash down on the table, and there is no waiting for those boys. or disapproval. This is true not only of the public at large, who in Year after year Congress, under pressure from Presidents Coolidge, war-time days helped to adopt the gre.at experiment. It is equally true Harding, and Hoover and Secretary Mellon, has reduced income taxes of men who in the intervening years have helped to frame or to admin- and repaid great sums almost yearly to swell the coffers -of the wealthy _ister the en1'orcing laws. of the country. Any cry about deficits in the Treasury? Not a mur­ Most of us will agree that a law regulating standards of conduct mur! Any question about giving them rebated certificates payable in which does not so appeal to the judgment and conscience of practic.ally 20 years? Not a syllable! all good citizens as to compel their respect and support is a bad law. The other day the veterans' bill came up again and, when the The eighteenth amendment belongs in this category, anc;l the widespread President snapped the whip, Congress jumped right in and passed a evasions and Sllbterfuges and the shocking hypocrisy and oorruption little bill for the veterans of the World War, after having passed one which have followed in its train have become a serious menace to the for the veterans of the Spanish-American War only a short time ago. moral standards of our people. Think of what a luxurious life a veteran and his family can live on· EIGHTEENTH AMENDMENT CLASS LEGISLATION the $40 a month given, provided be is 100 per cent disabled ! One other aspect <>f the eighteenth all)endment remains to which Last fall when the stock market crashed, the Secretary oi. the allusion should be made. No matter what the intention <>f the amend­ Treasury sat tight day after day and said he would "sweep up his ment may have been, in its actual operation it discriminates between steps when the snowstorm was over." He finally got "kinder skeered," rich and poor and partakes of the evils of class legislation. People of · and what did he say then, "deficit in the Treasury"? Not on your wealth, who are so inclined, everywhere to-day procure whatever illicit life. He said, " Reduce income taxes ab<>ut $160,000,000." His own beverages they want, in the quantities they want, without apprehension hunt club was out for the stuff and they got it. as to their quality or fear of the penalties of the Jaw. It is only those Now, veterans, there are 4,000,000 of us. How many a1·e employed <>f modest means who are forced by the amendment to choose between right now? I can not say, but I know many are not. Most of us need poison and total ab tinence. I know business men of prominence and every penny that is coming to us, and now is the time that we need it. great wealth who are insistent advocates of the retention of the eight­ Most o1' us hold certificates payable in about 15 to 20 years and eenth amendment for the very reason that it keeps the price of good averaging about $800 each. We could certainly use this money. Let's liquor high and makes cheap liquor vile. They do not broadcast the get up on our hind legs in our Legion and Veterans of Foreign Wars argument, but privately they say that the amendment functions well, meetings; let's write, wire, talk, or phone to our Congressmen, Senators, because it deters their employees from purchasing, and tends, as they President, and Vice President. Let's petition, agitate, and, by all the claim, to increase the output and efficiency of their plants, while, on gods, let's collect on our certificates now. If this money coming to the other hand, it does not interfere at all with the gratification of the veterans was paid now and put into circulation, business would their own tastes and habits. That argument smells of other lands and pick up immediately and we would soon be on the " sunny side of the other days. There is no place under the laws of these United States street." for privileges of class. If the rich are not to be divested of what Immediately, of course, will ring out the cry, "Deficit in the Trea - they consider their accustomed aids to social intercourse and good fellow­ ury ! " " Where is all this money to come from? " I'll tell you. If we ship, then the rank and file can not in fairness be deprived of " bever­ can finance all our war credits against the Allies through the interna­ ages which through the ages have moistened and enlivened the work­ tional bank, which is to base its securities on the reparation payments man's frugal fare." from Germany, what is to prevent the exchange of our bonus certifi­ CONCLUSION cates for the United States' share of the allied debts, for which this The issue I have bad in mind to-night has been the eighteenth amend­ country is going to take international-bank securities? The!le will ment as it is, not as it might have been it it could have been carried amount to at least $10,000,000,000, the funded debts are $11,500,000,000, into effect as many once fervently hoped. I believe, as everyone does and would easily cover the amount of the bonus certificates, which and must, that it has brought to the country some very important certainly do not amount to $3,000,000,0_00 at the very most. There benefits which we did not have before. These benefits must be pre­ isn't the slightest doubt in my mind but that almost every veteran served. But it has also brought great evils that we did not have holder of a bonus certificate not payable for from 15 to 20 years would before. It bas undermined the people's regard for the basic charter of be glad to exchange it for a similar amount of the bonds or securities of our institutions. It bas impaired their respect for law and government. the international bank, which would have immediate sale value at It is corrupting their standards of straightforward and honest living. almost par or even above par, especially if secured by the Governments It bears upon the poor, but not the rich. These evils can not be allowed of Germany and the United States. to continue. In my humble but most honest judgment we might far In fact, the international bank bas behind it morally the League of better seek some other way of dealing with the problem. Nations, the allied countries, and even the debtor countries, and, in WORLD W AB VETERANS' COMPENSATION ACT my opinion, would constitute one of the best securities in the world. It would, indeed, be a real world security or world tlond, and I would As in legislative session, personally be happy to exchange my bonus certificate for these inter­ Mr. COPELAND. Mr. President, I ask unanimous consent to national bonds. have printed in the RECORD a letter appearing in the Bu:f.falo Another very important feature, and to my mind the most important Times of July 12, 1930, relating to the veterans' compensation feature of the whole plan, is that it would eliminate the annual appro­ measure recently before the Senate. priation of about $112,000,000 by Congress to the adjusted service cer­ The VICE PRESIDENT. Without objection, it is so ordered. tificate (bonus) fund which must be made each year so that the bonus The letter is as follows : certificates may be retired when they are due and payable, i. e., 20 [From the Bu1Ialo Times, July 12, 1930] years after they were issued. This would, of course, represent an abso­ PAY VETERANS NOW TO BOOM BUSINESS lutely clear saving to the Government each year with the resultant To the EDITOR OF THE TIMES : opportunity to reduce taxes. When the war came in 1917 nothing was too good for the soldier So you see how it works out well for all concerned. The veterans get boys; their jobs would be waiting for them when they got back, and their bonus certificates paid immediately in the form of international Congress put on its silk hats and applauded when the first contin­ bank bonds, which, with the moral support of all the principal govern­ gents left. Within a few days Congress voted down a law to pay the ments behind it and the financial support of many of them, would sell men at the front $3 a day. for at least par. The money realized from these bonds (for a security Senator La Follette, the elder, proposed that the expense of the war like this would ea ily be ab orbed by the large financial institutions o1' be paid as we went along from taxation, that the money come out of the world) spread out among 4,000,000 veterans and their families, war profits. Great wealth was too powe-rful and Congress voted it which means approximately 15,000,000 people, would immediately dis­ down. pel the depression now existing, boom business again, send a spirit of When Harding was elected, Andrew Mellon became Secretary of the optimism around the country like wildfire, line up the veterans of the Treasury. He began a drive then, and bas kept it up ever since, to World War and their families for the international bank and for what reduce taxes upon great wealth, until to-day, in comparison with Eng­ it represents, real international peace and prosperity. land, the rates are ridiculously low. "To them that hath shall be In the future this international bank, I predict, is going to be the given ''-and how much ! most potent and effective force for the promotion of international good At the time the bonus bill was up, Secretary Mellon was its strongest will and peace that has ever been put into ope.ration ; and one of the opponent "and said there would be a deficit of $600,000,000. Three surest methods o1' establishing its prestige in this country would be to months later, in referring to some other law about to be passed, he exchange our country's share of the debts owed to it .and payable in stated there was a surplus in the Treasury of $300,000,000. Only a reparation securities or bonds of the international bank for the vet­ slight error of $900,000,000. When Congress had up the bill to pay erans' bonus certificates, dollar for dollai', $30,000,000 a year to the shipowners, Secretary Mellon didn't yell WILLIAM A. Fox. 1930 OONGRESSION A.L RECORD-SEN ATE 353 knockdowns, a gOod place to live, a good place to work, a good place INDUSTRIAL CONDITIONS IN FLORIDA AND IN THE SOUTH O&~ERALLY to make a living, -a good place to make a fortune. A in legislative ·ession, · . Florida, its eye blackened, almost "punch drunk," refusing to listen 1\lr. TRAMMELL. Mr. Presiden~ I desire to have inserted iJ?­ to fate's referee intoning the eliminating enumeration, jumps to its the RECORD an editorial appearing in the Tampa Morning Trib­ feet and gets back into the fight to win-and has never yet claimed a une relattve to industrial conditions in the South; also an article fouL . by ex-President Calvin Coolidge relating to the same subject. The Salvation Army gives discouraged humanity a revivifying cry The \ICE PRESIDENT. 'Vithout objection, it is so ordered. with its "A man may be down but he is never out.'' So Florida, with The editorial is as follows: many men and many interests "down" but not disqualified, says to its FLORIDA OS ITS FEET sister States: "I've been hit, hurt, humiliated-but I'm on my feet and In ringing words, the Manufacturers Record sends forth the South's going strong! " answer to the prevalent monotone of business depression. The Record says: [From the Washington Post of July 21, 1930] " More than $537,000,000 in construction contracts awarded for the Calvin Coolidge says : first six months of this year and $637,000,000 of proposed and planned " The rapidity with which the old South is emerging is not generally building and engineering projects announced up to the beginning of appreciated. It has attracted new blood and new capital. · From a JuJy are part of the South's answer to the pessimism and doubt which region of plantations it is becoming also a region of industry and com­ have prevailed among business men. What is more sigpificant is the merce. But its economic development is not so great as its change in fact that the total value of building work in the Southern States up to thought. It is less local and more national. the mid year showed a substantial gain over each of the corresponding " There are three important influences that are removing its inertia periods of 1929 and 1928. In no uncertain manner the southern of mind and body. The public schools have been much improved both people and nation-wide investors demonstrated faith in this section by in housing and courses of instruction. Their power has become very their acts. A more detailed statement as to what has been accomplished gt·ent. The radio has done for people of mature years what the school­ during the past six months toward the material development of the house has done for the youth in the way of lifting them out of them­ whole southern region is found elsewhere in this issue. selves and giving them new ideas. This is changing the tone and the " In emphasizing the importance of consb·uction activity and the part influence of the local press. And the system of good roads which is the construction industry plays in stimulating business, we shollld already extensive and rapidly increasing whereby the automobile has remember that 80 per cent of the cost of building operations goes enlarged the circum tance of mental vision ranks very high in the directly to labor pay rolls, for those engaged in building or in the pro­ progress of the new South. It has made the country accessible not only duction of raw materials and their fabrications, up to the most intri­ to itself but to the outside world. We behold a people of high spirit cate of manufactured goods entering into a completed project. It means and great natural endowments under the inspiration of a new hope that every avenue of trade will share in the stimulating flow of the coming into their own." wage-earner's expenditures. " The Manufacturers Record is not unmindful of the dullness in many LIEUTENANT FITZSIMMONS, FIRST OFFICER OF AMEBIC.A.N ARMY lines and of prevailing low prices, but the South during the past decade KILLED IN WORLD WAR made its greatest progress in spite of depressions in agriculture and in As in legislative session, textile manufactming. Encouragement is found in what has been M.r. DALE. Mr. President, the ocean liner President Harding accomplished during the worst of the depression ; in the fact that the has recently docked in France. The newspapers carry the in­ South has felt the deflation to a lesser degree than other sections ; that formation that 1\Irs. Catherine Fitzsimmons, mother of the first high-priced commodities have been liquidated to a great extent; that officer of the American Army killed in action in the World War, money is available at low interest rates for development pm·poses, and is among its gold-star mothers. I ask permis ion to publish in what is of most importance is the belief shared by many business leaders the RIOOORD a statement of the conditions under which Lieutenant that business is "getting better." The growing optimistic spirit in Fitzsimmons met his death, as made to me not long after the contrast with the gloom prevaning only a few weeks ago presages the event, by my son, Timothy C. Dale. return of the flood tide· of business." There being no objection, the statement was ordered to ~e '!'here is much sound sense and basic fact in the above utterance. printed in the RECoRD. as follows: · When you are disposed to gloom regarding Florida, all you have to do About 40 of us, mostly Harvard men, bad come up from Rouen to is to look over the list of the 48 States of the Union and note that Etaples, where we had dinner, and from whence we were conveyed in Florida, despite a series of backsets which were grave enough to be British motor lorries to a locality near two little French villages, close cla sifted as calamities, stands second among all of them in population together and called Dannes, Camiers. We were assigned to base hos­ gain. pital No. 5 with the British hospital No. 11, and the addition of our When you feel discouraged about Tampa, glance at the census reports men brought the number in that hospital unit up to about 200. The from the 93 cities in this great and glorious country which have 100,000 first raid on Americans in the service was made at that place on or more poplllation and you'll find not only that Tampa is the ninety­ the night of Tuesday, September 4, 1917. second in that list, having climbed from one hundred and thirty-seventh The weather had been very wet and dark through the month of to that place in 10 years, but also that Tampa stands seventh among August, but with the coming of September it cleared. Sunday, Septem­ those 93 cities in the rate of population gain in the decade, and that ber 2, about noon, German flyers made a slow, low flight over us, and Tampa's gain for the 10 years has been three times greater than the we could see that they took pictures, The British antiaircraft gun!! average gain of all the 93 cities. opened on them, and shrapnel from both the British and the German You may say that population gain means nothing-in that you confess guns rained down on the camp, ignorance. A State, a community, does not grow by birth rate alone. Tuesday, the 4th, was a clear day, followed by a moonlight night. The1·e mu t be some compelling reason to bring people to it, to make Since going there we had been anxious to get permission to explore them residents, permanent residents, residents counted as such by the the pine-fringed lake at Camiers, the hills about us on which it is census taker. said the cavalry of Napoleon Bonaparte was trained ; the churches, One would have thought, along about 1927, that no one reasonably castles, and chateaux in which Charles Dickens took so much interest. . ane would come to Florida. The State had suffered much. It had a We could not go from camp without leave. But Cameron, and poor black eye " which was plainly observable to seeing people everywhere­ McCieod, who lost both his legs that night, slipped out and went to and that disfigurement accentuated by frequent and habitual front-page Camiers village that afternoon. In the evening Golding and I got leave printing by kind friends of the widely read press of other States. to go out after we came off guard duty. We went up on the hill, where Just when we were beginning to think that, perhaps, the wot·st had we could look away over Etaples to the sea and from which, far off in happened, came a bank-failure epidemic, preceded immediately by the the opposite direction, we could see the flash and hear the dull roar of di covery of an unwelcome vi itor from alien shores wbich threatened guns on the British front toward Ypres. to destroy all that Florida bad left-the golden harvest of its citrus Our camp was not far from the hill and, when the raiding planes groves. came to it, they tlew over, first, the drill field ; then three rows of bell But Florida lived on. tents for officers ; then two rows of large, oblong hospital tents, one of We now find, when we get away for a moment from the dark wllich, in the center of the second row, was for the reception of the dilemma of distress, that Flot•ida, in the five years that all these wounued; and, last of all, the large operating building. things were happening, actually gained 205,000 people-actual, count­ It was a beautiful night, and we did not come down from the hill able, existent people. How is that to be explained? The stork was until about half past 10 o'clock. As we came by the drill field we not that busy, so our population did not grow to that extent by excess stopped to talk with the guards. We spoke with Teal and Tugo, the of birth rate over death rate. No ; the e people came here, moved here, latter of whom a few minutes later was dead. I went to my cot in located here. Why? Because, despite, all the crt!pe, all the mourning, the first row of hospital tents, sat down, and took off one of my shoe . all the epitaphing to the effect that Floctda was dead and too poor to We slept with our clothes on, as we expected convoys of wounded from pay its own burial expenses, these people saw prospects here, saw a the Ypt•es front any hour. I heard a heavy explosion. It was im­ future here, saw in Florida, with all its discolored optic and its repeated mediate notice to me that something of consequence had occurred. LXXIII-23 354 CONGRESSIONAL RECORD-SENATE J ULY 21 Tllen came a second explosion, and following in quick succession tour the old destructive methods of dealing with international more like reports. Then came a tense period of a few seconds. It was problems. still, although the hospital tents were filled with wounded soldiers. Under these circum tances I should uppose that in pa sin~ Tbe lights went out on the econd explosion, but the moon shone judgment upon the re ·ults of such a conference the opinion of through the white tents. A thin smoke drifted in, and with it a smell, tho e who believe in its aims and methods "hould have orne then new, but thereafter well known to me. Then Sergeant Edwards, weight. Not the only but the primary question ought to be: in a frenzy of shell shock from which he never recovered, rushed into Does it sati fy tho e at whose instance thi · venture was pro. e­ the tent shouting: "Hurry up! Ilurry up." cuted? In tead we have been faced by the anomalous situation I ran out to the officers' tents and there met Teal and Donovan. that the debate in the Senate has been cornered by those who Togo was lying mortally wounded. Donovan said : " Lieutenant Fitz­ want big navies and those who de ... ire bigger navies. simmons is killed." Teal took care of Togo. Donovan and I bound up The kernel of dispute ha. been the difference of opinion in ~· beet the parts of the body of Lieutenant Fitzsimmons, where we within the Kavy it elf a.· to the relative merit of four 6-inch­ had een him standing a few minutes before by the open fly of his tent. gun cruiser or three 8-inch-gun cruLe1·s. This may be an im­ Teal said that Lieute~ant Fitzsimmons had just asked him, " Every­ portant question. It is one for the naval experts to an wer. thing all right?" and he had answet·ed, "Yes." I do not intenu to eli parage its ~ ignificance, but it does seem Noone beard the. approach of the raidf'rs. They flew low rounu the to me that at this preci ~ e moment of our history, and in view bill, shut off power and coasted over the camp. The first shell fell in of the hopes which preceded it., there is a more fundame~tal the drill field, the second directly in front of Lieutenant Fitzsimmons's que. tion which has heretofore in this discu sion neithe1· been tent, two more between two long ho pital tent , two more between a a._ked nor answered: hospital tent and the reception tent, and then the raiders flew over the big operating . room scattering Geripan coins, three of which I picked Did the London conference forge that kind of international under­ up next day. stantling which would make it relatively unimportant whether we choose We worked all night in the hospitals. Private Rubino, n.nd Woods, our the three 8-incb-gun cruisers or the four 6-inch-gun cruisers? bugler, were brought in dead, and a number of the British wounded I hope I , hall not, in the course of my remarks, be guilty of were killed, among them one poor fellow who, the day before, was very beHttling the treaty simply becau e it does not corre pond in happy at being " marked " to go home to England. full measure to our expectation. There is ever a gap between It was all so strange and quick to us that I can truthfully say that .hope and realization. I ~hall but try, in the light of onr pur­ I was not scared, but I was awfully depre sed next day. It was my pose without pa ion, without prejudice, to consider the prob­ first real war experience, and when we wrapped our flags around our able net effect of tbi. instrument, having the interest of my comrades, the first in the American war ervice to be killed; we felt the country at heart but realizing that its interests can best be reality of war. setTed by strengthening the foundations of peace upon which LONDON NAVAL TREATY our happine s and prosperity are built. In executi\e se · ion the Senate resumed the consideration of What purposes actuated us when we went to London? Did the treaty for the limitation and reduction of naval armament we go there. ,to secure a better and bigger navy? London is signed at London, April 22, 1030. . not the place to buy ~ hip s of war. Did we go to London to Mr. WAGNER. 1\lr. President, the maj01; 1 sue that divides achieYe parity? .Not to my way of thinking. We bad parity the proponents and the oppon~nts of ratification of the ~ondon when we secured the re our·ces, the energy, the rank, and the naval treaty has by this time been ably stated. Many of my col­ wealth to pay for it and maintain it. We did not send our dele­ league have brought to bear upon the discussion of that issue gation to London to b.ripg back a bigger nayy than we had. We an extraordinary knowledge of the profes ional and technical a - did not genu our delegates to London to bargain for parity. pects of naval defen e arid warfare. Since the 1 sue revolved The mission of our uelegation was to bring about, by interna­ about a technical question such expert consideration was tional agreement, reduction in naval armament. That, of course, necessary and pertinent. Were I of the opinion that ratifica~ presuppo ·ed and included limitation. tion or rejection depended upon a deci ion on these technical As Ion.., ago a· Decoration Day, 1920, President Hoove1~ an­ matter. I '''onld have continued my silence, for they are not nounced: within my competence. Limitation upward is not now our goal, but actual reduction o! I am not persuaded that the real issue i a technical one. existing commitments to lowered levels. It seems to me that the Senate has been diverted into that America li -teneu and cheered. nd u from Under the Constitution the Pre ident ha " power by and with aggre sion wa..,, of course, on such hypothesis entirely inade­ the advice and con ent of the Senate to make treatie .'' This quate. The ambiguous phrase, " the need of national defense," provision make the Senate a coordinate branch of the Govern­ wa thus made to fit naval supremacy and the power of ment in the matter of treaty mak-ing. The President, either aggre ion. personally or through such agencies as he may choose, may pre­ I do hope that the Senate will not, by rejecting thi treat~·. pare or have prepared the text of a proposed treaty and when arouse the fear both at home and abroad that it subscribes to uch document i ·prepared, before snme ha · any effect whatever, such a philo ophy. such document mu t be "ubmitted to the Senate for it con id­ If that is to be the basis of our pQlicy, it is not this treaty eration and ratification. When a propo ed treaty is submitted alone that we ·hould reject. If we act on the suppo .. ition of to the Senate thi. body ha the power to accept such treaty as war, then we ought to censor every thought of limitation, regard submitted or it may reject the treaty in its entirety. a · treasonable every hope for reduction, dkmiss every effort for In addition to the foregoing power , the Senate has the con­ agreement.; for, no matter how clever our repre entatives, they stitutional right to modify or amend any portion or even the will never succeed in persuading any nation voluntarily to sub­ entire text of the document ubmitted. If the Senate, under it ·cribe to an in trument which would so curtail its own power of con titutional power, decides to modify and 'amend any sug­ defeu e and o expand our power of aggression that we would ge 'ted treaty, then .:uch amended document is returned to the with certainty be able to defeat it in its ovm territory. President, whereupon he ha · the power of accepting the Senate If our policy is to be dictf!ted by such an ambition, then we modifications or amendment , in which event he may submit should throw restraint to the winds, pile on tax upon tax, and such amended document to the other ignatory powers for their u e every last coin we can wring from our people for the con­ acceptance or rejection. 'truction of a navy o powerful that it will be ready and certain If the Senate refu es to accept any proposed treaty submfttecl to defeat every opposing force. · by the Pre ident then uch proposal is dead;· but, on the other If we pursue such a policy, there will·be a temporary vindica­ hand, if the President refuse to accept any amendment or modi­ tion for those who counseled it, for the premise of war will fication of any propo ~ ed treaty, then, al o, such proposal is dead. urely be realized. The Senate, being a coordinate branch of the treaty-making The distinguished chairman of the Naval Affair Committee po'wer with re ponsibilitie equal to those of the Pre ident, ha cautions us that "we have no right to gamble that there will be the constitutional right to all information po ~e sed by the no future war ." President when acting in hi individual official capacity and hns And the learned Senator from Indiana reminds us that we the right to have all the information possessed by a.ny and all have engaged in six wars in the past 154 years and that "his­ of the agencie of the Pre8ident when the President acts througll tory repeats itself.', such agencies. Not only has the Senate the constitutional right I wonder, Mr. Presideut, if the distingui. bed Senator when to have such information, but the Senate as the repre entative he uttered this doleful prophecy stopped to consider the organs of the people is not warranted or justified in voting on a resolu­ of destruction we have been developi.ng sufficient to obliterate tion of ratification until all such data are produced and submitted. our entire ci-vilization. Si.x wars! After all, how many wars In connection with the proposed London naval treaty it is like the last one, so recent that it haunts our memorie , can this admitted that ecret data exist. Some member of the Senate civilization survive? Doe the distinguished Senator really have had access to such data but to the Senate it elf such-e our final conclusion? I believe that we should of such treaty. And, further, by his refusal to furnish these .ratify this treaty. The question of security bas been raised, data he has in effect invited every member of this body to refuse but I can not understand how we can possibly be less secure to vote upon or even consider a re olution of ratification. It with the larger treaty fleet when the fleets of the other nations is my conviction that the committee hould never have reported are limited than we are at pre ent with a smaller fleet and this propo ed treaty to the Senate until it had secured the data other nations unlimited in their construction. re_quested and refused. This treaty leaves the world with a burden of ~oo many guns · The Senate by almo t unanimous vote requested these secret and too many ships rather than too few. The tremendous data. The President refused the request. This conflict inspired $2,000,000,000 arm~das which the treaty sets up somehow do the Norri re ·ervation which -limits the meaning of the treaty not click with the professed objectives of the disarmament con­ to the wording of tlle text. With such re ervation adopted and ference~ It is a feeble treaty, a weak and insufficient instru­ accepted by the other signatorie no nation can hereafter suc­ ment but it is better thim competitive building. If it does not cessfully assert the existence of any secret ·agreement or under­ carry us forward far toward the goal of disarmament, at least standing. In the absence of the secret data the Norris reserva­ it applies the brake· against the rapid backsliding which · had tion should be adopted. already begun. At thi point let me

Likewise, Senator REED replied.: INVESTIGATION BY TARIFF COMMISSION JULY 17, 1-930. Mr. COPELAND. I desire to ask, as in legislative session, DEAR SENATOR : In answer to your letter of to-day we are glad to unanimou consent to call up the resolution which has been on say that we do believe that the ratification of the London naval treaty the table two or three days providing for an inquiry by the will promote the welfare of the American Navy; that the fleet which Tariff Commission. I have talked with the Tariff Commi ion, we will have under the treaty will be the best-rounded fleet that the and they de ire to have certain matters clarified in the re olu­ United States bas ever bad ; and the removal of international suspicion tion which I have presented. I ask that the re olution may be and rivalry i:p shiplmilding will be of inestimable benefit to the three considered at this time. nations concerned. We believe that the treaty is e~tirely fair to all The VICE PRESIDENT. Is there objection? The clerk will three nations. The ratios that result from it insure the safety of each read the resolution for the information of the Senate. country in its home waters. The e ratios are: The CHIEF CLER-K. The Senator from New York offer the following modified resolution ( S. Res. 325) : United Resolved, That the United States 'l'ariff Commission is directed, under States of Great Japan .America Britain the authority conferred by section 336 of the tariff act of 1930, and for the purposes of that section, to investigate the differences in the costs of production of the following domestic articles and of any like or Battleships.~ .••• ______.•..••. -----______.------10 10.3 6.8 similar fo1·eigu article : Infants' wear classified under paragraph .Airplane carriers .•..• ______. __ . ______. ______.• 10 10 6 8-inch cruisers.------10 8. 1 6 1114 (d) of such act; matches, ft·iction of lucifer, of all descriptions, 6-inch cruisers.------10 13.4 7 etc., as classified under paragraph 1516 of such act. Destroyers ..•... _. __ •. _. _____ ._ .... __ .•· •• ______.. __ Submarines ______10 10 7 Resolved further, That Senate Re olution 309, Seventy-first Congress, 10 10 10 second se sion, agreeu to June 30, 1930, is hereby amended by striking out the word "sugar" and i.n erting in lieu thereof " t•efl.ned sugar." Faithfully yours, D. A. REED. 1\fr. COPELA1'!-rr>. The Tariff Commission also ask that Senator ELMER THOMAS, " cigarette books, cigarette-book covers, and cigarette papers in United States Senate, Waslt·ington, D. 0. all forms " be added. The VICE PRESIDENT. Is thet·e objection? The Chair Mr. President, for the reasons stated and with the interpreta­ hears none, and the re olution will be so modified. tion give~, I will vote for the resolution of ratification of the l\lr. REED. 1\Ir. President, is this the resolution which London treaty for the limitation and reduction of naval relates to pig iron? armament. Mr. COPELAND. No; it is not. Mr. COPELil"D obtained the floor. The VICE PRESIDENT. I there objection to the present Mr. WALSH of Massachu ·etts. Mr. President, a parliamen­ con ideration of the resolution as modified? tary inquiry. There being no objection, the re olution was considered and The VICE PRESIDENT. 'll1e Senator will state it. agreed to, as follows: Mr. WALSH of Massachusetts. What is the order of busi­ Resolved, That the United States Tariff Commission is directed, under ness? the authority conferred by ection 33G of the tariff act of 1930, and for The VICE PRESIDENT. The question is on the adoption of the purposes of that section, to investigate the differences in the costs the resolution of ratification. . ot production of the following domestic articles and of any like or l\Ir. WALSH of Ma sachu ·etts. Did the Senate adjourn on imilar foreign articles : Infants' wear classified under paragraph Saturday? 1114 (d) of uch act; matches, friction or lucifer, of all de criptions, The VICE PRESIDENT. It adjourned in open executive etc., as classified under paragraph 1516 of such act ; cigarette books, ses ion. cigarene-book covers, and cigarette paper in all forms. Mr. WALSH of Massachusetts. So there is no morning hour Resolved fm·ther, That Senate Resolution 309, Seventy-firsr Congress, to-clay? second ses ion, agreed to June 30, 1930, is hereby amended by striking The VICE PRESIDENT. There is no legislative morning out the word "sugar" and inserting in lieu thereof "refined sugar." hour. LO ~ ooN NAVAL TREATY l\l1·. WALSH of l\Ias achu etts. Is there an executive morn­ ing hour? What has become-of my resolution coming over from In executive session the Senate resumed the con ideration of a previous day? the treaty for the limitation and reduction of naval armament The VICE PRESIDENT. The Chair was advi ed that the signed at London, April 22, 1930. Senator proposed to take up his resolution as a re ervation, l\Ir: WALSH of Massachusetts. Mr. President, do I under­ and therefore did not lay the resolution before the Senate this tam} the Chair to rule there is no morning hour during an morning. executive es ion? The VICE PRESIDENT. Thi morning the Chair would have Mr. WALSH of Massac-husetts. I would like to ask unani­ laid the resolution of the Senator from Mas achu ·etts before the· mous consent that my resolution be taken up and a vote tad on Senate had the Chair not been advised it would be offered as a it. I now make that request. reservation. I will say that I would prefer to have the RECORD show a vote Mr. WALSH of l\Ia sachusetts. The Chair had no business, on the question in the nature of a resolution rather than as a with all due respect to the Chair, to get advice from anybody reservation. If I fail to have a vote upon it in the nature of a other than the mover of the re olution. I made no such sug­ resolution, I shall offer it as a reservation. Personally, I would gestion to the Chair, and no one had any right to make it prefer to have a vote on the question in the nature of a resolu­ for me. tion rather than in connection with or as a part of the ratifica­ Mr. LA FOLLETTE. Mr. President, a parliamentary inquiry. tion of the treaty. It would simply then be an e~-pression by The VICE PRESIDENT. The Senator will state it. the Senate regardless of any Senator's position pro or con on Mr. LA FOLLETTE. Is it not true tbat the Senator's resolu­ the treaty as to what attitude we think the country ought to tion, Senate Resolution 328, wa submitted and ordered to be take in reference to· bringing about an actual naval parity. printed and to lie on the table? It eems to ine we would all be freer in our action if this The VICE PRESIDENT. It was. matter were considered in the nature of a resolution. Of course, l\Ir. LA FOLLETTE. Therefore it would not come ovet· from if I am denied .that right I can present the question in the a previou day, as I under tand the rule. It would lie on the nature of a reservation, and if I do that, of course, it means table subject to a motion to proceed to its con ideration pro­ that if the Senate votes to provide for the building of a navy vided the Senate were transacting legislative bu iness. that i actually at parity with the navies of Great Britain and The VICE PRESIDENT. Under the rule it would not be Japan the matter will have to be first accepted by the President laid before the S.enate as a re olution coming over from a and then, of course, submitted to the other nations. It seems to previous day but could be called up by the Senator from Massa­ me that the better way would be an independent action on it as chusetts either by unanimous consent or taken up on motion. an independent re olution expressing our v~ews, regardless of l\lr. LA FOLLETTE. In legislative session, as I under tand it? our individual opinion upon the treaty. Therefore I make that The VICE PRESIDENT. Yes. The Chair is advi ed that request. the resolution is in the nature of a legislative resolution. The VICE PRESIDENT. Does the Senator from New York Mr. W ALSB of Massachusetts. Therefore, the Chair rules yield for that purpose? that it did not come over from a previous day and could not be Mr. COPELAND. Will the Senator withhold his request just called up in morning hour of the executive ession? a minute? The VICE PRESIDENT. Except by unanimous consent, and Mr. WALSH of Massachu etts. I shall be glad to do so. as in legi lative session. 1930 OO~GR. ESSIONAL. RECORD-SENATE 359 Mr. 'V ALSII of Mas. acbu etts. Then I a k unanimous con­ able Senato1· from Mas._achus.etts, is an -issue which is distinct , ent that it may be laid before the Senate. from the question of whether or not the Senate should advise The YICE PUESIDENT. Let the resolution be read for the and consent to the ratification of the London naval pact. information of the Senate. The question as to whether or not the Congress will exerci e The Chief Clerk read Senate Resolution 328, as follows: its authority to build to the limit provided in the treaty and appropriate the nece. ary funds for the construction of the Whereas it is the sincere desire of the American people to establish ships so provided i one which will have to be met at the next a material reduction in naval armament throughout the world ; and and at succeed'ng sessions of Congress. Upon that question Whereas the United States has participated in three naval conferences there will be a sharp divergence of opinion. with the object in view of urging upon other nations its purpose and In so far as I am personally concerned, I shall oppose appro:­ uesire to reduce its naval armament and to cooperate with other nations priations to carry out the building program outlined by this to the same end in order that the peoples of the world may be released treaty. Other Senators, I as ume from the statements which of the crushing burdens necessitated by maintaining their present have been made during the course of the debate upon the military establ.i hments, and because of the conviction that world peace treaty, will favor appropriations to carry out to the limit the i more likely to be preserved by the maintenance of minimum navies building prO.gram which will be permitted the United States by the great powers of the world; and · under the terms of the treaty. However, as I said a moment Whereas all American experts and delegate , including Senator REED ago, I be1ieve that the question raised by the r~--olution is one of Pt>nnsylvania, whose statement, "We (the American delegates) were which ought not to be anticipated by the enate at this time. horrified to find that in these auxiliary classes the United States was in I believe it i a question which should be met when the ap­ a condition of almost hopeless inferiority," give irrefutable and over­ propriation bills shall be before the Senate and House of Ue11- whelming testimony that there was a failure to make any material resenta ti ves. progress in actual naval-armament reduction at the three conferences Therefore, 1\Ir. President, I object to the request for unani­ which have been held since the World War, due to the fact that the mous consent made by the Senator from Massachusetts. American Navy was proportionately inferior to the· navies of Great The VICE PRESIDENT. The Senator from Wisconsin ob­ Britain and Japan at the convening of the last two conferences; and jects to the request of the Senator from l\IaRsachusetts. Whereas it is the opinion of American delegates and observers that Mr. W.ALSH of Ma sachusetts. Mr. President, I can well un­ no conference will result in bringing about a substantial limitation of derstand and appreciate the motives which prompt the Senator naval armament in the world unless at future conferences the United f)·om Wisconsin to objec~ He has frankly tated that be op­ States is in a position to scrap its proportional share of naval craft pose building the ships provided for in the treaty. However, with other powers ; and I shall present the same i ue in the form of a re ervation. Whereas it is the desire of the United States Government to remove At thi time I wish merely to make a brief statement. all possible obstacles that have heretofore caused a failure to accomplish I would agree with much the Senator from Wisconsin has o material naval t-eduction, and because of the sincere desire of the ably stated if it were not for the fact that the ratification of American people to promote world peace and lessen the tax burdens of this treaty, for the first time in the history of this Government, its peoples and the peoples of the world in furture maintenance of large will remove freedom of naval action on the part of the Uniteu military e tablishments; and State . No longer will we have any choice as to building the Whereas the London treaty eeks to establish a definite naval parity type of navy we choo. e to build Thi treaty gives legal . unc­ between the contracting nations and therefore is tantamount to legaliz­ tion to the kind of navy Great Britain and Japan may main­ ing the right of each nation concerned to maintain a navy of the actual tain; and it gives legal sanction to what our delegates anu strength defined in the treaty, and, therefore, when other nations are what the delegate representing Great Britain and Japan . ay maintaining maximum navies permitted under the actual parity set up are our naval needs in view of ou.r conces ions to those U1e failure of the United States in this respect is an admission to the countries. world of our pUl'po e to maintain a navy of actual inferior strength If this be true-and I maintain it is true-tho e of us who to what our needs require, and agreed upon by the American delegates are willing to support this treaty and to vote for it ought to at London: Now, therefore, be it have the right to say to the American people," ·we have removed Resol1:ed~ That the Senate of the United State , in the event that this from you the right to control the extent and type of the Ameri­ treaty is ratified, favors the substantial completion by December 31, can Navy; we ha\e legalized the size and strength of other 1936, of all cruisers mounting guns in excess of 6(u inches, all aircraft navie ; but in doing that we also declare it to be our purpo;·e to carriers, all destroyers, and all submat·ines permitted under the treaty maintain the Navy which our own re1wesentatiYe , in conceding for the limitation and reduction of naval armament, signed at London definite nasa,l trength to other countrie , decree we need. on April 22, 1930. E. pecially is this declaration important in view of the very The VICE PRESIDE~'"T. I there objection to the request statement just ma<1e, namely, that upon the question of building that the resolution be laid before the Senate? the ship provi<1ed for in thi treaty there will be in future Mr. WALSH of Massachusetts. Mr. PresidEnt, may I inquire, Congre ~es a wiUe divergence of opinion. fir t, if any motion ha been made in the Senate this morning I for one can not bring myself to the point of legalizing the to proceed to the consideration of executive business? size of other navie. and legalizing what our delegates and the The VICE PRESIDENT. That was not necessary, becau. e rep.resentatives of other countries say we ought to have and the Senate adjourned while in executive se sion, as is shown what our needs ar , in view of what they are given by this by the RECono. treaty, without at the same time making a ar before we could reach parity on time afte:r time hal'e selected a their leader, a man wh.o has capital ships with Great Britain or anive at a ratio of 10 to 6 made for himself a name throughout the land, the choice of with Japan. 1930 CONGRESSION.A_L RECORD-· SENATE 361 · These men, by their effort and the good will of the repre­ and ~rphuns. MOI'e than that and bigger than that, we shook sentatives of Japan and Great ·Britain, bring to us a. document to its very foundations the civilization of the world. that in· eff~t brings pal'ity now on capital or battle hips with Mr. President, I am wondering if the world could survive Great Britain, and the ratio of 10 to 6 with Japan. But for this another shock like the World War in the near future. Not long document it would have co t u hundreds of millions of dollars ago the Congress completed legislation uniting all th~ agencies and delayed the time of parity for 10 years. That is an ac­ for the relief of veteran of the World War and their dependents complishment that should receive the general commendation under one agency, one head. What does it co t a year? It of the people of this country. cots $800,000,000, and we have not reached the peak. The What else did they find? Army and the Navy cost $800,000,000; a billion six hundred Capital ships and cruiser. are the two major units mah~ng million dollars e\ery year directly traceable to war and prepara­ up a navy. They found what? They found Japan with twice tions for war. What does it mean? A billion six hundred a great a cruiser strength as the United States. They found million dollars amounts to about $15 in taxes for every man, Great Britain with four times the cruiser strength of the United woman, and child in this country, and every man, woman, and States. • child who eat and wear and drink anything must pay his part What does this agreement do? It provides that Great Britain of these taxes. shall until 1936 quit, declare a holiday, stand still, until · our I have not considered the interest on our national debt. I counh·y, if she desires, builds up to an equality or a parity with have not considered the payments on our national debt. The Great Britain. On the other hand, it requires Japan to quit; distinguished chairman, Senator JoNES, of the Committee on and, up to the year 1936, as I understand this treaty, Japan can Appropriations of the Senate, advised us the other day in a not add more than 2,500 more tons to her crui er strength. speech that more than 70 cents out of every dollar that is taken How in the name of high heaven i. it going to hurt your out of the people's pockets in the way of taxes mu t go for war country and mine for Great Britain to quit, to stop, stand still, and the things which war has caused. until we can build our cruiser strength up on a parity with her 1\Ir. President, I want the world to turn its mind toward the cruiser strength? And how in the name of hi ~ . heaven is it paths of peace. I do not want to see another great world war. going to hurt us in the Pacific or anywhere for Japan to stand I do not want -the senior Senator frem California to have the till until we build up, if we desire, to a ratio of 10 to 6 with opportunity to be the Senate's recruit in the next world war, her? in order that be may give hi life for his country. I want him Oh, someb<>dy says, " It i going to cost a billion dollars for to live for his country and sene his country in this body. I u to catch up with Great Britain and Japan." We can spend do not want the millions of boys throughout the land to b~ome that billion or we can not spend it. That is a matter for the cannon fodder, but to become useful citizens in peace. decision of the American Congress and the American people ; This country needs roads, more roads and better roads. but if we do not ratify this treaty, and Japan and Great Britain This country needs more schools and better schools. This coun­ keep on building, instead of spending a billion dollars to catch try needs more agencies to help in promoting the health and the up-and that is what the opponents of this treaty are worried general welfare of the people of this country, and provide for about; they want us to catch up--we will have to spend from our aged and disabled defenders and their dependents. If we have two to, perhaps, four billion dollars to catch up with Great an opportunity here to save $1,000,000,000 to build more roads, Britain and Japan. to build more schools, to look after the health and the welfare . I know· that if I am in a race with a man. and he is 5 of the childhood and _the mothers of this country and our de­ miles ahead of me, it will be easier for me to come out at the fenders, is it not a program directing our attention and our ener­ end equal with him if he will stand still until I negotiate the gies worth while? This treaty not only will protect the inter­ 5_miles, and catch up with him. How could it injure me in the ests of our country; it will also help to relieve the burden of race if he stood still while I was catching up? taxation and promote the peace of the world. Mr. President, I am opposed to competition in armaments. I I have no criticism to make of the distinguislted gentlemen Jiave seen competition in armaments in Kentucky when two who do not agree with me in this matter. I think the people orf neighbors fall out. My distinguished friend the Senator from my State and the press generally are back of this treaty. I We t Virginia [Mr. HATFIELD] is laughing. He has seen com­ have had just two protests coming from individmils. I do not petition in armaments in West Virginia, just the same as I have have the honor or the pleasure of knowing these individuals. in Kentucky. I am satisfied they are in good faith, but I know this from their Two neighbors fall out over a razorback hog or over a letters, that it has never gotten to them that we are going to boundary line. Each one of the neighbors arms himself. Then have parity now, practically, in our battleships, with Great each one arms his sons, then he arms his counsins and his Britain, and 10 to 6 with Japan. It has not gotten to them that uncles. Then he arms his hangers-on. They are well armed, Great Britain has four times the cruiser strength we have, and and it has always resulted in feuds which took the lives of that Japan has twice the cruiser strength we have, and it has many, many people. not gotten to them that Japan and Great Britain are going to We can not have world peace with competition in armaments. quit and stand still while your country and mine build up to World peace must be based upon understanding, justice, fair them if we desire to build. The opponents of the treaty have dealing. 1'hat is what there must be if we are to have world submitted a great number of reservations. This, of course, is a peace. common practice in parliamentary procedure. Where a bill, I was a Member of the House of Representatives after the treaty, or other matter b~ore Congress can not be defeated by World War. Some well-intentioned men in the Army and in direct attack such amendments or reservations are offered as the Hou e and Senate said that in order to prot~t this country will in the end defeat it. I shall vote against these reservations, we must have compulsory universal military training. The except the Norris re ervation, which has been agreed to, and great Military Affairs Committee of the House, made up of help to pass the treaty as submitted by our seven representa­ 21 members, stood 10 for and 10 against it. There was a tives, approved by the President and by the Committee on vacancy on that committee, and there was a struggle for weeks Foreign Relations of the Senate. over the type of man who should fill that vacancy on the Mili­ As I said in the beginning, I have no quarrel with the man tary Affairs Committee, with this great question of uni'rersal who claims to have a monopoly upon intelligence and under­ compulsory military training pending. standing. He would not have to have much to be superior to What would it have cost? It would have cost over a billion this humble representative of the great State of Kentucky. But dollars a year. But we were urged by Army experts and others I do resent any man claiming that he has a corner on patliot­ that it was necessary for the protection of this country to take ism in this country, or that he loves. his country more sincerely our boys 18 and 20 years of age and put them all in military and would try to protect his country to any greater degree than training camps in this country and require them to serve this humble repre entative from the State of Kentucky. I note two years or so. But that was defeated, and the money was that the Senator from California has been unable to convince aved. his distinguished colleague [Senator SHORTRIDGE], who is for Have we learned no lessons from the World War? Some the treaty. The Senator from Tennessee [Mr. McKELLAR] has folks aero s the sea had the idea that they could outbuild the been unable to convince his colleague [Senator BROCK], who is world. They outbuilt the world, but it did not save them. As for the treaty. Senator RoBINSON of Indiana has been unable the President says, in competitive building we might outbuild to convince his colleague the distinguished Republican leader the world, but at the same time we would incur the ill will and [Senator WATSON], who is strongly supporting the treaty. distrust of the world. Senator MosES has been unable to convince his colleague !"lave we learned no lesson from the World War? That great [Senator KEYEs], who is for the treaty. Senator BLAINE has war cost $240,000,000,000. Nine million men lost their lives. been unable to convince his colleague [Senator LA FOLLETl'E], Nine million others were made cripples or lost their health. who is for the treaty. Senator BINGHAM, in his opposition to Countless other millions, women and children, were made widows the treaty, has been unable to convince- his distinguished col- 362 CONGRESSIONAL R.EOORD-SEN ATE J ULY 21 league [Senator WALCOTT], who is for the treaty; and. after all, construction upon any provision of the treaty. It seems to me I am ··ond ring if there can not be fotmd as much wisdom, un­ that every Senator, without this reservation, would be justified der··tanding, and patriotism, if we take our seven treaty nego­ in voting against the treaty. I have much ympathy with tiators, the President of the United State , the Republican Senators who will not vote for it, even with this revervation, on leader of the Senate, the Democratic leader of the Senate, the account of the withholding by the Executive of information Foreign Relations Committee of the Senate, and more than four­ which I think the Senate under the Con titution i entitled fifths of the membership of the Senate, made up of Democrats to have. and Republicans, as may be found among the eight or nine Ur. President, . uppose you were the attorney of some imli­ Senators who have expressed opposition to the treaty. These vidual who was about to enter into a contract with orne other great groups backing the treaty are struggling for the peace of individual and your client wa. called upon to sign an agree­ our country, for good will among men, and to lessen the burden ment which was the result of negotiations that had been going of taxe weighing o heavily on the shoulders of men and women on between the partie for "orne time. Repre enting your client, everywhere becau e of the ravages of war. With these great suppose you had di covered those negotiation", and yon would groups I earnestly and gladly take my stand. I do not know say to the opposite party, "Are the document · leading up to the how I could better serve the interests of my country and at the settlement of this controversy in your po . e ~ion? If they are, arne time promote the welfare of mankind. will you let me ee them so I can properly adn e my client." l\Ir. PreRident, I wi .. h to thank ~·ou and the Senate for your Suppose, then, the other attorney should . ay, "There are such kimt indulgence. · agreements. There i a long line of corre pondence, sect·et in Mr. NOHRIS. 1\.Ir. President, may I inqui!'e of the Chair nature, which I have not divulged to you; but I say to rou tllnt whf:'ther the resolution of ratification is now before the Senate? in no way does it put any con.·truction upou this contract or The VICE PRESIDENT. It is. agreement which rour client is about to ign." What would Mr. NORRIS. Subject to amendment? you . ay as your client' attorney? What kind of advice would The VICE PRESIDBNT. Not subject to amendment but sub­ you give your client? ject to 1·eservations. If he de ·ired to . ign the document, you could say, ' We will . Mr. NOHRIS. I have a re ervation which I send to the add a provi:o:ion to the agreement. 1Ve will say here in black clerk's de.·k and de ·ire to offer. It is to be added immediately and white that my client igns it witl1 the express tipulation following the resolution of ratification. aml the expres.., nnderst:mding that there are no agreement.· ; The VIOE PRESIDENT. The clerk will report the reser­ there are no documents; there i , no correspondence which in Yation. any way modify the terms contained in the contract. 1.'here is The Lmr LATIVE CLERK. 'Fhe Senator from ·Nebraska offers no underl-ltandina- that any construction will be given except the following reservation: what the word themselve · in the agreement will lJear. With that. tipulatiou aml with that re:;ervation I will advise my client Resolved ('rrrtllerJ That in ratifying said treaty the Senate does so with the di tinct and explicit understanding that thel'e are. no secret to ign the contract." You would not advi ·e him to Jign it files, documents, letters, understandings, or agreements which in unles that were done. any way, directly or inoirectly, modify, cliange., add to, or take from It iH no criticism upon the Senators who have knowledge of any of ·the stipulation , agreement·, or statemerrts in said treaty; and the~e ecret documen1s. ·we· do not mean to say that' they are ­ that the Senate ratifies said treaty with the distinct and explicit under­ wrong in their construction. They are probnbly right. But if standing that', excepting the agreement brought about through the they are right, then before we sign it we must either ·ee thoSe exchange of notes lJPtween the Governments of the United States, Great secret documents and place our own judgment u1jon them, or we mu t tate a. a re ervation to our Feen withheld from the Senate. They have been Mr. JOHNSON. I asked the question becau e in the reserva­ withheld from the committee. The President in an official mes- tion as I have it before me-and I have, of course, a list of the age has declined to giye them to the Senate, so that we have re ervations which have been presented-there is a preamble. been deprived of the opportunity to put a construction upon I did read in the press that an agreement had been reac-hed in the e documei1ts. rspect to the preamble, but my knowledge of the situation was To save us in approving the treaty we are entitled to have, confined to articles in the press. Observing the Senato'r from and it is important and necessary that we should have, some Pennsylvania [Mr. REED] and my colleague the junior Senator re ·ervation of this kind, which in effect says that we are rati­ from California [Mr. SHORTRIDGE] nodding a moment ago in re­ fying the treaty on the theory that there are no secret agree­ spect to the preamble, I assumed that by agreement it was ment , that there are no agreements which place ~ny kind of eliminated. •

1930 CONGRESSIONAL RECOR.D-SENATE 363 Mr. NORRIS. I will ay to the Senator from California including the bringing into play of the heavy artillery of the that there is not a thing connected with the preamble or its Senator from Kentucky [l\Ir. RoBsro~] and others; but it seems con ider.ation, ..:o far a I am concerLned, that is at all secret. that the sin of debating the treaty rested just on those who I have had dozens of Senators say to me--and that does not dared to commit lese majesty by being against it. That was a include the Senator from Pennsylvania [Mr. REED] nor the crime; but when Senators want to speak in behalf of it, as they • enato'l· from Arkansa. [1\!r. ROBINS<>N]-that they fa\ored the have a right to do-and I am glad to hear them-then it is a re. olution. The •'enator from Pennsylvania I regarded as being virtue, and the crime and the in and the wrong re t on those oppo ed to the preamble and the re olution judging from what who dare express themselves otherwise. he said in the Senate at the time it was offered. But various We have spoken to little purpose upon this floor if it is 'enators on both ide of the Chamber have tated to me "I belie\ed that the contest that has gone on in the last couple of fa\or your re olution, but I do not , ee any use in the pre­ weeks here is a mere contest between big-navy men and bigger­ amble." I aid to those Senators, as I say now to the Senator navy men. From the beginning to the end we have disclaimed from California, that the preamble in my judgment-and I do such a suggestion as having anything to do with the conte t. not think anyone disputes it-even if it is spread on the record We have spoken to little purpose upon this floor if on the last and made a part of the reservation adds nothing to the legality day this treaty is to be considered-because I assume the treaty of the resolution itself. It is a tatement of facts, .and even will be ratified either to-day or to-morrow, at least, within a if I did not think it was \ital and had no legal importance, yet brief period-any Senator belie¥es that the contest involved is at the request of Senators I would omit it. between three 8-inch-gun crui ers or foU!: 6-inch-gun cruisers. Mr. JOHNSON. Mr. President, I can not, of course, ques­ It is simply pitiful that that should be the situation developed tion the view that the preamble legally adds nothing to the now, and I am sorry that it should be so. reservation. I grant that very readily. But I do think the It is a strange thing, too, that after two weeks or more of preamble performed a \ery useful service. It performed a debate upon this floor it should be said, " This treaty will, in useful er~ice because of the principle which was at stake and reality, accomplish nothing, but we will ratify it, nevertheless, because that principle has been ettled, so far as the Senate in the hope that some day, in the far future, it may accomplish is concerned, in regard to document , papers, and the like that something." That sort of argument does not appeal to me. may be in the hand of the Secretary of State or the President When I was Governor of California I found that the argument of the United States. The reason for the reservation was ob­ one mo t had to watch in relation to legislation presented was viou ·ly stateu in the preamble, so that while the preamble added the argument, "This amounts to nothing, o let us pass it right nothing from the legal standpoint, nevertheless it performed, in away and, get rid of it." I learned it was that kind of thing my opinion, a useful serV"ice and I am very sorry it has been I had almost always to investigate, and investigate with the omitted. utmost care, in order to prevent bad legislation from being Sir, I take it from what bas been said that there i no objec­ enacted. tion in reality to the reservation which ha? been presented by Our friend from Kentucky [Mr. RonsroN] announces his the Senator from Nebra ka. I do not care, therefore, to occupy patriotic purpose., which we concede, in regard to this treaty, any particular time in discu sing it or in referring to it. There and in regard to the United States. of America, but think of his being no objection to it and the reservation now being, as I take narrow escape. He said that in the beginning he had doubts it, about to be adopted with absolute unanimity, it is a very about the accomplishment of our delegates who went abroad, remarkable thing that the entire body should have deemed it but he describes them in language that paints them in such es. ential under the circum tances which have been presented by heroic mold that it is utterly impo. sible for us to understand the record here. If it were essential and believed by this body that they could be other than the most titanic figures. Just to be e ential, I think that much more should have been done think of his narrow escape. I congratulate him upon it, because by us than the mere adoption of the reservation. The reserva­ if he had continued to believe that there had been no accom­ tion, of course, runs to the treaty- plishment a broad by the e titan tic figures he would be in the That in ratifying said treaty the Senate does so with the distinct and woeful category of the 6 or 7 or 8 or 9 or 10 men who have the· explicit understanding that there are no secret files, documents, letters, nerve to stand up on this floor and say that they disagree with understanding , or agreem~nts which in any way. directly or indirectly, Ambassador Morrow, with the Senator from Arkansas [1\!r. modify, change, add to, or take from any of the stipulations, agreements, RoBrNso ~], with the ·senator from Pennsyl'vania [Mr. REED], or statement in said treaty; and that the Senate ratifies said treaty with Secretary Stimson, with Secretary Adams, and the others with the distinct and explicit understanding that there is no agreement, who negotiated this treaty. It is a terrible thing to do it; ·ecret or otherwi e, expressed or implied, between any of the parties I admit it; it is a wrong that never can be expatiated; but, to said treaty as to any construction that shall hereafter be given to nevertheless, it is something that we who are opposing this any statement or provision contained therein. treaty have done; and, so far as I am concerned, I never was Of cour e, the reservation expre es a very virtuous view upon prouder of a fight that ever I made in my life than of this fight. the part of the United States Senate. The utility of that ex­ I do not care a rap whether there be 2 votes our way or 3 or 4 pre:sion is a very different proposition and, even assuming­ or 5 or 6 or 10 or 1. I am more proud of the contest that has which we do merely for the f:ake of the argument-that there been made upon this particular issue than of any other that I were under tandings exi ting in relation to the treaty, it would have ever made in this body. accompli b absolutely nothing at all. Assuming for the mo­ Now, sir, returning to the reservation presented by the Sena­ ment-and I am assuming it merely for purpose of argument tor from Ne.braska [Mr. NoRRIS], I recall-and I am speaking and not as uming it as a fact becau e of disclaimers \vhich have only from my recollection of the press items-that when the been made here by those connected with the treaty; but a um­ reservation was filed here immediately it wa asserted by some­ ing for purposes of argument that Japan, its people, its official , body-! think perhaps by the distinguished Senator from Penn­ whatever may be termed its governing class, and some one rep­ sylvania [Mr. REED], who is now directing the forces in behalf re enting the United States have agreed in respect to cruiser con­ of the treaty-that it was an insult to the President. I may be Rtruction or in re pect to what may be done during the cour e of wrong as to that; but I read in many pre s articles that the the treaty, then nothing, of course, would be said concerning that particular reservation was an in ult to the President. Some­ fact. body changed his mind ; somebody has undergone a metamor­ It has been asserted by all those who ha\e been parties to the phosi , mentally and intellectually ; and somebody bas, in view treaty-and their assertion we must take as absolute--that of the present situation, agreed that the reservation should be there is nothing of that sort; but if there were such a thing, accepted. Well, it ought to be accepted and it ought to be forty this reservation would not, in my private opinion, touch it, and times stronger than it is ; it ought to be of such a character that would not get within shotgun distance of accomplishing any it will be remembered iii the days to come that we have estab­ real result. I shall be very glad to ha\e it adopted; I hope lished such a precedent that never again will there be permitted that it will be adopted. to arise a question as to document , paper , books, and the like I hope also that before the Senate shall adjourn it will take being withheld from the United States Senate in the discharge some action indicating what the policy of the Senate is in re­ of itsjreaty-making function. spect to the treaty-making power, and determine just exactly Mr.-.rresident, I did not intend to-day to do any talking, so what may be the rights, the prerogatives, and the privileges of far as that is concerned, but I will continue to speak if it be the United States Senate in reference to that power. neces ary to do so and if Senators who have to-day addre sed I now want to say a word or two merely in response to some the Senate desire. I am delighted-more than delighted-that of the things which have been said to-day. I did not know, to-day for the first time they have found their voices on this and for tba,t reason I have remained quiet until this moment, floor and are beginning to make some defense of this treaty. It that the debate was to be taken up to-day ; inasmuch as it was is a glorious thing. Weeks have passed and mute they have sat, such a sin to carry on last week, I bad assumed that to-day because they said they had t}le power. To-day, however, they would be devoted to the t~eaty, without the making of speeches, are putting forth their voices, and I am delighted. We will •

364 CONGRESSIONAL R.ECORD-SENATE JULY 21 meet them on that ground all day long ·and all to-morrow and and, whether at peace or at war, avoid injury to American interf;'sts. all the next day, if they wish, and we will continue to debate Without denying that the British tradition of supreme ea power. thi. treaty, and debate it to the full all over again if it be so ingrained by four centuries of success, could not have been di lodged desired. except by a showing on the part of the United State of a capacity at l\Ir. l:5HIPSTEAD. 1\fr. President, I wish to say a few words least to rival that sea power, the group, neverthele s ha proceeded before the reservation hall be voted on and to remind the on the assumption that something more than a showing of equal force Senate of the constant attack that is being made and that will is neces ary, that competitive naval building create irritation and continue to be made upon the treaty-making power of the Senate lasting di tru. t, and that navies are likely to come into conflict unle s not only on this floor but by others in the United States. The some harmonious policy underlies their existence. treaty-making power of the Senate will be attacked by powerful It is needle s to say that since the group' discu . ions began the organization., heavily ·ubsidized, carrying on a constant propa­ cour e of public events and the attitude taken by the authoritie in ganda throughout the United States, not only on the platform each country have greatly improved the situation. The chan..,e is so but in the pres..,, and by heavily subsidized propaganda through far a psychological one. The group believes that one way of olving the mail . I do not find any fault with that. I haye always the international problem i to give encouragement in each country to lJeJie·red that every American citizen has the right to bold his those forces which prefer internationnl understanding and accommo­ yiew.~ and to express them; but those who think such views in dation in the long t'un- error haye an equal right to answer them. Those last four word are in italic ·­ I have here a pamphlet which is labeled "Confidential Memo­ randum for Members; November 11, 1929." It is prepared on to the u e of a self-sufficient nationalism. behalf of men who are prominent in forming public policy in After a long period of peace it might be neces ary to insert in ucb the United States, some of whom are prominent in the so-called a report as thi an outline statement of the deva tation, direct and Foreign Policy As ociation, an organization which since the indirect, created by a great modern war. Whatever country wins a Great World Wru.· bas been laboring in istently-undoubtedly in military victory, it is certain that all alike suffer heavy financial and good faith-to tie u up with the political organizations of economic los ·es. Europe. I find that one of the eminent constitutionallawyers·of I think we can all subscribe to that. this group is Mr. John 1V. Davi . Let me read the names of tho e for whom, after con ultation So soon after the World War it is unnece ·a ry to stress this point. and conference, this pamphlet speak . The pamphlet is cap­ Suffice it to say that any war of English-speaking peoples would involve tioned " The Anglo-American Naval Que •tion ; R-eport of a Study a cultural dcva tation that would be WE' ll·nigh irreparable. A di.-cus­ Group of Member of the Council on Foreign Relations." sion which envisages the likelihood of a war between Great Britain and the Unitr<.l States would be ensntional and shocking, and thi is what The council on foreign relations consists of Hamilton l!~ish Armstrong, I aiah Bowman, Raymond L. Buell, Arthur Bullard, public peakers mean by saying that such a war woulll be unthinkable; Charles C. Burlingham, Joseph B. Chamberlain, John W. Davis, but unthinkability in this emotional sense affords the best of reasons Allan Dulles. Raymond B. Fosdick, Col. E. M. Hou e, Charles P. for devising ways of averting or avoiding even the poMsibility of such Howland (chairman), Philip C. Jessup, Walter Lippmann, J. G. a catastrophe. McDonald, Walter H. Mallory, Whitney Shepardson, and James .I am sure we can all ubscribe to that. I will add to that T. Shotwell. that I think it would be just a · much of a calamity to tlle world Thi group has a policy as to the desirability of which they if the United State should be at war with any other country. intend to educate the American people. The pamphlet has I would not confine that explicitly to Great Britain. reference to this treaty, but the treaty is evidently only a por­ Between Great Britain and the United State · economic rivalry exists tion of it program. If this pamphlet had been handed to us in various fields : For raw material and for markets, in the carrying from the State Department. I would believe it wa a document trade, and o on. Ko one contend· that this rivalry involves any more Of in truction to the negotiators who went to the conference at serious po · ibilities than inhere in all wholesome economic competition. London. · The document is :filled with many of the eternal verities, but That may be true. I hope it is. It is the arne competition it ha some very interesting and illuminating entences giving that existed between Spain and Great Britain, between France us the future policy of the United States. The group referred and Great Britain, ancl between Germany and Great Britain; to take the position that the size of navies, pea}):ing of the and I hope it will not result in wa1-s, as past history has hown navies of Great Britain and the United States, is not important. that it mmally has. They say what is important is the purpose for which the navies The only subject of serious di cu sion is that which involves naval are to be u ed; that that is the overwhelming i ue; and they armaments and the law of the sea. The discussion can be narrowed ha Ye that all arranged. They propose that there shall be an still further, for there would be little support in the United State for alliance or an under tanding between Great Britain and the a big navy except for the apprehension ba ed on traditional positions United States to the effect that in the event of war they shall that in a war in which Great Britian is a belligerent and the United State either both be belligerent or both be neutral. a neutral the United States would need a large navy to prevent the They also have come to the conclu~ion that it would be British from interfering with the neutral right of trading with both impo sible to get the Senate of the United States to agree in belligerents. It would be a digres ion to argue thi last point; it is adYance to a program of that kind; but they have found a way sufficient to say that the policing Qf the Carribean requires no consider­ of getting around ag1:eement on the part of the Senate, able navy, and that because of Japanese economic dependence on United which they think it is necessary to do. A very naive way of States trade, as well as her lack of resources for a protracted war, getting around the Senate is proposed. It is claimed that the Japan ba the best of reasons for keeping the peace with the United Kellogg pact has now placed the que tion of war or peace in tates. There is too much thrift in the United States to desire a large the power of the Executi,·e; that the decision of that question, navy solely for prestige purposes. Even on the present scale the Navy like the l\lom·oe doctrine, is exclusively an Executive pre­ Department will cost the country $361,:795,000 during the present fiscal rogative. year, or 9.5 per cent of the National Budget. A single battle hip co ts I would not take the time to read from this pamphlet to the $50,000,000 to build, and her pay-roll item alone, not counting fuel and Senate if it were not for the fact that on some of its passages other supplies, drydock expense and · obsolescence, reaches $1 , 3~0,000 a I de ire to comment. year. On the British side the naval budget for 19~9 is £57,000,000. A group of members of the council on foreign relations was formed Less noticeable than naval costs but more damaging to a country's in the season 1 9~8-29 to consider the relations between the United real interest is the effect which the naval controversy ha on its poli­ States and Great Britain. The purpose of t!le study was to see how the cies. A navy can not itself be an end, it is only a means for executing attitudes of the two countries could be harmonized so as to avoid a policy. A dispute over the use of a navy like that over sea law in competitive navy building, recriminatory language, and ill will. time of war, at be t a minor point of international law, deprives. a I think that wa a ·yery laudable purpose for anyone to nation in effect of freedom of decision as to the relation of its own confer upon. interests to the issues of the war. Without admitting that the Brith;h in 1812 had the support of international law in their treatment of the Thi report is merely the chairman's personal synthesi iJ. the AmPrlcan merchant marine, it may be . said that the controversy be­ di ·cussions, to which virtually all the members of the group con trib­ tween the two countries on that issue helped to range the nited uted. It does not pur{>Qrt to represent the views of any individual States on the side of Napoleon in his effort to establish a despotism member. over continental Europe- The group did not claim to represent all sides of American opinion. There is, for ·example, a school of opinion not represented in thi ! might remark here that Napoleon did more to knock into a group· which believe that tbe best way of handling Anglo-American cocked hut the theory of the divine right of kj.ngs than any other relation from the American side i to impres British opinion by an man who ever lived, unless it be George Washington- actually large anrl potentially unlimited American .Na'\'y, . so that the and that the same contt·over y came near having a similar r~>sult in British will abandon their tr aditional position as rulers of the seas, 1916. It is desirable that if there is to be a discussion of this point 1930 CONGRESSIONAL RECORD-SENATE 365 of international law it should pro<)eed in the coolest possible medium. of the Admiralty, and British policy has not undeviatingly asserted The provocative language toward other .countries, the most effective the belligerent interest agai.nst that of neutrals. Although due weight propaganda which big-navy advocates use in inducing legislators to should be given to the traditional influence of the Admiralty on vote the necessary navy budgets, is itself the main force in creating British policy-an influence likely to be especially strong immediately the suspicion and hostility which they affect to deprecate and against after a desperate war-the Admiralty has not always been supreme wbich they urge always increasing preparation. Nothing in recent in policy forming. At times the influence of the mercantile marine years has so injuriously affected public psychology in each country and the overseas trade interests bas been quite as strong. For the toward the other as the ill-fated Geneva conference. hundred ye.ars before 1914, except for the Crimean War, England was I will also say that I do not believe that the ....merican neutral in European wars and neutral-mindedness flourished. Witness people knew what the Geneva conference was until President the report of the Horsfall Select Committee on Merchant Shipping Coolidge made his Armistice Day speech. So far as the Ameri­ and the parliamentary debates of 1861 and 186~. can people were concerned, I think that was the beSt lecture Indeed, even during the struggle with Napoleon, British pamphleteers, they had and the best instruction they could have on what writing in the mercantile interest, supported the claims of the neutral actually took place at Geneva. position. Lord Harcourt definitely adopted it, and the earnestness with which Cobden urged .Sumner during the Civil War to propose it to It seems almost absurd that the relations between the two most Great Britain at a time when she was in a frame

approximately 400,000 tons of cruisers, the United States s~ould be will­ law of neutrality renders it difficult to foresee any fruitful attempts ing to consider some formula which would permit Great Britain, it she either to· clear up the uncertainties whlch prevailed during the war, desired, to maintain a number of the smaller cruisers roughly com­ or to settle any of the controversies which arose, or to enact satisfac­ mensurate in combat strength, even though superior in tonnage, to the tory legi lation for the future." larger cruisers desired by the Navy Department. All of this means that th~ so-called "codification of international law" If agreement is reached, even though the tonnage limits fixed by requires an agreement on policy, and that is impossible, partly because such agreement are high, a basis is afforded for subsequent reduction neither side can foresee in what direction its interest will lie in any of as oon as the atmosphere of naval rivalry is dissipated. the multiple contingencies that may arise, partly becau e the popular One scheme would allow the United States to complete the large opinion of neither country wou1d be willing to accept what would seem cruisers it is now building, when after discarding those more than, like dictation from the other. Lawyers could hold an institute for dis­ 20 years o1d it would have eight 10,000-ton cruisers and 75,000 tons cussion, but official representatives could not find t heir way out of the of " modern " cruisers. If England did not complete the large cruisers labyrinth; and a quarrel of lawyers would be even more unfortunate now building, she would have only 114,000 tons in big modern than a quarrel of admirals. crni ers, and the difference of 41,000 tons in these combat vessels would There is an inherent difficulty in attempting to control the opera­ make a substantial offset against the 140,000 tons of small British tions and the spread of war by a "law'' for its conduct. The wit of crui ers carrying 6-inch guns which they believe they need " for Empire man can not devise a code that would cover all the contingencies in a uses~ ' Another proposal would offset British superiority in cruisers by fashion satisfactory to any nation, not to say all of them ; and a treaty .the superiority of the United States in destroyers and submarines. of guaranty in large general terms is subject to the weakness that in It would seem that the naval experts are not likely by themselves the end the action of the guarantor depends upon the effect of circum­ to work out a scientific basis for agreement. Even if they could find a stances upon his own interests. It is rea'sonably clear that a really mathematical formula by which to measure strength in one class of definite agreement is impossible because, to mention the United States ves els against strength in an entirely different class they would still alone, it is not prepared to pledge itself in advance to abandon its tra­ complain about differences in naval bases, oil reserves, size and quality ditional rights in hypothetical cases. of the merchant marine as a reserve to be armed or to do scouting It did not seem to a majority of the group that the Kellogg-Briand duty in war and as a feeder for personnel, etc. The most statesmanlike pact for the renunciation of war by itself effectively removes the way of handling these differences is seemingly for the nontechnical dangers which the controversy threatens. It is an unsupported negative men to agree upon a point at which the two navies are roughly equal agreement entailing no obligations upon the signatories to take action from the standpoint of combat strength, to treat this stah1s as parity, against a nation which might violate it; it is clear that if political and to rationalize the position by deri-ving a mathematical formula circles accurately express American opinion the United States has no from it. This, however, imperfect as a technical solution, would at idea that by this pact it bas assumed any obligations whatever to assist least suspend the professional fomentation of the controversy and other countries against a violator of the pact and give up its tradi­ allow a settlement of the ·controversy over the freedom of the seas, tional iso1ation. The discussion on such measures as the Porter resolu­ after which competition in navy building should make small appeal tion educates public opinion as to the importance of condemning a nation to the publics of the two countries. · which should engage in hostilities in violation of a treaty or of the The group found itself unable to agree with the view frequently decision of a tribunal of its own selection ; but it seems clear that the expressed in the Senate that international law can be "codified" by a Senate, unless its composition is greatly changed, is not likely to bind conference of jurists in such a way as to remove all possibility of the United States in advance to act in conformity with the behest of conflict as to blockade, search for contraband, etc., in the future. the league or of a conference of the other great powers. The group inclined to the view that the body of existing interna­ The Capper resolution puts the responsil>ility for the adjudication of tional Jaw which can be agreed upon as established affords no hope of war guilt on the American Government, and makes it mandatory for a solution of the controversy. Indeed, the real difficulty in the past the United States to render a judgment when any nation begins aggre - seems to have lain in the attempt to control the operations and the sive action. The Capper resolution flatters our feeling of unmitigated spread of war by law. More precisely, the majority of the group en­ sovereignty-that we shall decide for ourselves what we should do--but tertained these views : it would require us to reach decisions which we should not always be It can no longer be assumed with Grotius " that commodities could qualified to make.· For instance, in the Greco-Bulgar incident the be so divided in war time as to leave private property and civil supplies Capper resolution would have obligated us to decide for our e~ves, and untouched, whilst State property and military supplies were stopped, at once, which nation was criminal, although the Eluropean nations, and that the difference between contraband and noncontraband was a better equipped than we with qualified observers refused to act on that real one resting on a genuine distinction between the two classes of basis. They stopped the hostilities before either nation was declared articles." There are no longer any such distinctions in fact; all the an aggressor; under the Capper re olution we should have had to declare activities of both sides in the World War in the constriction of trade a judgment . on the merits of the case when hostilities began. In the were based on the obliteration of such distinctions and rules and would Bolivia-Paraguay case, where hostilities had begun, the Department of be so again under similar circumstances. Classifications of property State would have been embarrassed in trying to stigmatize the aggresso1· were annulled on the theory that anything that was useful for a nation at any time up to the stoppage of hostilities. contributed to its fighting power or its resistance. "Private" owner­ An alternative theo.ry which has been submitted to the American ship became a farce ; the German Government set up a purchasing public, avoiding the responsibility of judgment, says that the American agency in New York, and their shipments were "private property" and Government will treat as an aggressor any nation so declared by a were consigned to neutrals; there was so much of this that the British tribunal or according to a procedure which it-the offending nation­ made a presumption of it for all cases. " Blockade " used to be a close has previously accepted; this means, of course, the League of Nations. investment; the term was transferred in the World War to arrest on The same reasons that led to a clear-Qut league decision would of the high seas. All agree that the doctrine of "continuous voyage" or course influence American opinion, strengthened by the fact of the "ultimate destination" applies to absolute contraband, whether or not league's decision, and one may be optimi tic about American sympathy it applies to conditional contraband or to blockade ; consequently the with the league's course as long as it strongly dominates discordant British declared virtually all goods to be absolute contraband, and influences. But it is not within the field of practical politics to · expect stopped goods consigned to Germany's qeighbors which might ·be going the Senate to agree that this country will accept league d_ecisions. to Germany herself or which might be intended to replace goods already Besides that leaves the United States passive and without influence sent to Germany. The British view. of " the law" is that "under until the war has begun; but the of modern is that present war practice a belligerent is entitled to capture any goods other ch~racteristic w~r it spreads incalculably, and the . unhappy contingency we are discussing than the merest luxuries found anywhere on the high seas and con­ signed to some destination from which they or their substitute may is that in its spread it might draw in the United States and Great Britain on opposite sides. The chance of this would of course be reduced reach his antagonist." (Viscount Cecil and Mr. W. Arnold-Forster, if it became a fixed tradition in each of the two countries that when a Journal of the Royal Institute of International Affairs, Vol. VIII, No. 2, p. 100.) 0 nation has violated the peace of the world or has so acted as to threaten that peace it would be an international offense to supply the violator The impo sibility of codification appears clearly in the fact that the with munitions of war or indeed any kind of supplies. codification proposed by Senators is to rest "on the basis of the invio­ But undertakings as to behavior when the storm of war has been let Jabi11ty of private property.'' The Senate would not accept the British loose affords no strong reliance; much better is it to cooperate in pre­ view ; in other wot·ds, there is no agreement as to what is "law." Man­ venting war altogether than to cooperate in attempting to limit it once ley 0. Hudson says (The Development of International Law Since the it has begun. The tendency, not only of the council of the league, but War, American Journal of International Law, Apri1, 1929) : "* * * of the great powers-and there are signs that the United States is while some of the practices o! neutrals and belligerents during the beginning to take the respon ibility for a share of leadership in this World War may have estab1ished precedents for the future, the war itself contributed little or nothing to the solution of juridical problems, regard-is to consider that the easiest way of d~>termining who is t~e nor to the establishment of new principles in tbe law relating to war aggr~>ssor is to insist , that bo~h parties to an incipient conflic~ a void and neutrality. No progress has been made since the war toward restat­ hostl.lities. ing, clarifying, or improving our international law concerning the con~ · There we have the program for settling the controversy of duct of war. The present divergence of opinion -as to the future of the . the freedom of the seas. Congress on the passage of the last 1930 CONGRESSIONAL RECORD-SENATE 367 naval appropriation bill inserted in that measure an amend· country is engaged in an individual war and, more important, that lt ment asking the President to call a conference on the freedom shall hereafter be a fundamental policy of both nations to join with of the seas. That has not been done, and this group gives us other nations in the repression of hostilities by whomsoever and wber~ very many reasons why that should not be done. . soever undertaken or threatened. If there be no war there can never :Ml·. President, I want to call the attention of the Senate to be a controversy between the " rights " of a belligerent and the " rights " one or two more paragraphs which I think are very significant. of a neutral over tbe sea-borne commerce of the neutral with the belligerent's enemy. Public utterances to this effect on each side They go on to say : simultaneously or opportunistically made, whether by the method If the United States and Great Britain should individually adopt adopted for the enunciation of the Monroe doctrine or in some other thi policy- equally effective fashion, can be counted on to Dring public opinion to That is, a policy of cooperation, that one nation should not the support of the common ij_Olicies and to leadership in a general habit be a belligerent and the other a neutral at the same time, that of conference to the end of preventing war. they should stand together and act together- To that final sentence I have no particular objection, It If the United States and Great Britain should individually adopt would lead one to believe that the main part of this program is this policy of 'exerting all the pressures at their command to prevent for international conferences, when as a matter of fact they say bo tilities, the controversy between Great Britain and the United States it is not possible to get a definite agreement and understanding, o.-er naval questions disappears, for the two navies, ex hypothesi, but that there should be an understanding for the cooperation would be the ser1ants of a common purpose. An understanding that of the two navies in case of trouble, and that one country should both countrie would be belligerent or both neutral at the same time not be neutral if the other is a belligerent. If that is not a would tend to solve the problems of parity and neutral rights, since propo ition for an alliance to pool the navies of the two coun· tho e problems originate in the difference between an assumed policy tries, I do not know what it is. of belligerency and an assumed policy of neutrality. Thus the legalistic On the matter of international conferences we seem to have controversy between the two countries over the respective rights of come to a stage of hysteria. We are meeting on every possible belligerent and neutral in r·espect of sea-borne trade with the enemy occasion, calling conferences from all over the world, and dele­ would never have to be solved, because it would disappear from view.· gations gather for the purpose of assuring each other .that we The status of neutrality would be changed, and the " moral " values do not intend to make war upon the nations whose delegates which are supposed to attach to it would disappear, as they do in sit in conference with our delegates. We are approaching the frontier civilization as soon as the first "vigilant" committee is kind of a psychological situation that was prevalent before or organized. leading up to the World War. If that means anything, it means that the United States, That seems to me as effective for promoting peace as it would which is usually assumed to be neutral in case of war, if Great be for a group of neighbors to call a weekly conference for the Britain is a belligerent will agree not to be a neutral In other purpose of assuring each other that they did not intend to kill words, it seems to me that this is a complete and clear propo. each other. No effort has been made to codify or restate or sition on behalf of these people that the United States shall clarify the rules of international law, which were entirely torn underwlite the policies of Great Britain. to shreds during the World 'Var, and the Senate of the United They continue: States has gone on record as indorsing tbe restatement, codifi. cation, and clarification of international law as a very impor... There is no better outcome for controversies than this. The his­ tant step in the interest of international peace. torian Lecky points out again and again that many issues of history, As a matter of fact, it seems to me it is useless to talk of never settled, have ceased to disturb the world liecause they have peace so long as the nations of the world will pay no attention become obsolete and no sensible person would ~surrect them for to the rights of others. When war comes, no one pays the discussion. slightest attention to international law. The only law that rules. It should here be noted that alliances to accomplish selfish national the sea or the land in time of war is the law of force, and war ends have not infrequently taken the form of engagements to prevent results from economic conflicts which far antedated the war. others from making war, and been in fact mill tary alliances. It is of Until these delegations come together for the purpose of discuSs­ great importance, therefore, that any understanding should not be spe­ ing causes of war and their elimination, I can not see how the cial to the two countries, but should be general and include all others conferences about armaments, discussing the symptoms of war having the same aim. Conference and collaboration on every occasion instead of the causes of war, can take us very far on the road should include all those powers of any importance which are prepared to that leads to peace. give their energies and can be useful in preventing the outbreak of hos­ Mr. President, I have taken this time to read into the RECORD tilities. It must also be admitted that the prevention or stoppage of part of this program of this very powerful organization. hostilities does not solve controversies or bring justice to a country suf­ I do not question their right to have sueh a program. They fering under the status quo ; there must be system for removing the are undoubtedly sincere. difficulties which, unsolved, continually threaten conflict. Such a sys­ I think it would be a very serious mistake to permit such a tem is a necessary adjunct to the negative provisions of the Kellogg­ program to go into effect. The world is drifting back to a Briand pact. The system exists, of course, in the League and the diplomacy of secrecy and secret understandings. The best safe­ World Court, supplemented by the scheme of the Locarno treaties. The guard for the United States, I believe, is for the Senate of the prevention of hostilities therefore remits the potential combatants to the United States to insist upon its rights and prerogatives as part · proce ses of the league, but there is nothing alarming in that; even of the treaty-making power, dealing with foreign nations, that American isolationists seem now to be satisfied that the league should they have a right to know all that takes place in negotiation function effectively, provided the United States is not drawn into its with foreign countries, that they have a right to all the docu· ambit. ments and all the papers. · There remains only to consider the question of method in coming The more people try to entangle us in the political systems to an understanding between the two countries. The council on foreign and controversies of Europe, the more that policy bec-omes man· relations group as a whole did not believe that an attempt at a treaty ifestly necessary, and the more it should be insisted upon. on the above lines which would have to be ratified would be likely to I want it understood that I have not taken thi position, in succeed. The majority were of the opinion that one-third of the Senate insisting on the rights and prerogatives of the Senate, for the plus one would almost certainly be unwilling (on account of its jealousy purpose of casting any reflection on the distinguished Senators of the executive power in foreign affairs) to grant to the Executive the who 1·epresented the President at the London conference or . broad authority necessary for action on the lines proposed above. upon the President or the Secretary of State. I do not like to But neither such a new treaty nor such Senate authority to the hear the Secretary of State referred as the personal ambas· Executive seems to be necessary. In the treaty for the renunciation of sador of the President. In olden days, under despotismg, war tb.e parties have agreed to renounce war as an instrument of na­ despots had personal representatives to negotiate treaties. A tional policy and to use none but pacific means in the settlement of member of the Cabinet is merely a clerk of the President. The controversy. To try to prevent a breach of the treaty by country A President is the head of the executive departments, and ha.., in the form of hostilities is a contract right of all the other countries, no per onal representatives in dealing with foreign or diplo· and 1t attaches to the United States for enforcement if the United matic matters of public concern, and, with all due respect to the States desJres. Senator from Pennsylvania, I want to dis ent from that point So far as concerns the manner of promulgating a policy approved by of view implied in the term ·" pe1· onal ambassador-" applied to American opinion, it may be observed that the policy of the United the Secretary of State. States which has met with universal acclaim and unquestioned applica­ Mr. JOHNSON. Mr•. President, I suggest the absence of a tion in all contingencies, viz, tbe Monroe doctrine, was a matter of quorum. action solely by tbe Execotive. With this as a precedent it is possible The VICE PRESIDENT. The clerk will call the roll. for the highe t authorities on each side of the water to ha'Ve an under­ The legislative clerk called the roll, and the following Senators standing by which the navies will not come in conflict in case either answered to tQeir names: 368 CON.GR.ESSIONAL RECORD-SENATE JULY 21 Allen . Goldsborough McKellar Shipst(>ad . reached by the representatives of the various nations as to the Bingham Gould McMaster Shortridge Black Greene McNary Smoot size of the navy which they are to have for their own security Borah Hale Metcalf Steiwer and which we are to have for our own security. Is that Brock Harris Moses Sullivan disputed? - Brookhart Harrison Norris Swanson (;apper Hastings Oddie Thomas, Idaho If that is so and we are now going to vote to approve Caraway Hatfield Overman Th6mas, Okla. the arrangements so .reached, how can we escape the respon i­ Copeland Hebert Patterson Townsend bility of saying to the country, "We intend to build ·a navy· Couzens Howell Phipps 'l'rammell D~ h~~ P~ Vandenberg which will actually put us upon this treaty parity"? Great Deneen Jones Pittman Wagner Britain and Japan have nothing more to build. If we are to Fess Kean Reed Walcott Fletcher Kendrick Robinson, Ark. Walsh, Mass. be on an actual parity, as provided by the tl'eaty, additional George Keyes Robinso . 1nd. Walsh. Mont. craft we must build. Do we intend to do it? Should the Gillettt King · Robsion, Ky. - Watson American people know what our ·policy is to be? Remember Gla ~s La Follette Schall ~hat freedom of action ends with the signing of this treaty and Glenn McCulloch Sheppard " disarmament by example " ends by the signing of the · treaty. ·The ViCE PRESIDENT. Seventy Senators have answered It .was all well and proper to have advocated, as many to their names. A quorum is present. well-meaning people have advocated, when no limitations had Mr. REED. Mr. Pr~sident, the question, as I understand it, is been placed upon any of the navies of the world, that we could on the ·reservation offered QY "the Senator from Nebraska [Mr. perform a useful and a peace-promoting.service by reducing our No~RIS], from which he has deleted the pJ.·eainbles which were Navy voluntarily.. to the minimum, called very appropriately attached to it in its printed form. I hope that the reservation "disarmament by example." But that time has gone. To do will be agreed to. · . - that now would · be to give notice to the world that we are in­ Mr. JOHNSON. Mr. President, I simply want to suggest ferior and that we. intend to be inferior; to do that now would· that that settles- the question. We will adopt it unanimously. be to legalize inferiority, having allowed a .maximum to the T~e V~CE PRlDSipENT. The· question is. on agreeing to the other nations without t!Vailing ourselves of the maximum reservation offered by tbe Senator from Nebraska. allowed us.·. The reservation was agreed to, as follows : . ~- . . Frankly, I must .confess that I have not been able to find Resolved further~ That in ratifying said treaty the Senate does so much consolation from the policy of ' disarmament by exam-· with the distinct and explicit understanding that there are no secret pie," in view of. the fact that since the Wa hington treaty ·of files, documents, letters, understandings, or agreements which in any 1922 and up to the enactment of the cruiser bill in 1929 the way, directly or indirectly, modify, change, add to, or take from any of four other signatories to the Washington Conference treaty laid t~e stipulations, agreements, or statements_in said treaty; and that the· down or appropriated for 400 ship to our 11 hips. These Senate ratifies said treaty with the distinct and explicit understanding figures would seem to show tbe utter futility of " disarmament that, excepting the agreement brought about through the exchange of by example." . . . notes between the Governments of the United States, Great Britain, What do you mean by parity? Does parity involve any obli­ an·d Japan, having reference to Article XIX, there is no agreement, gataions? Does it not. involve obligations to ourselves and secret ,or otherwise, expressed or implied, between any of the parties to obligation to the other high contracting parties? Let me said treaty as to any construction- that shall hereafter be given to any illu trate: Suppose th~·ee nations agreed that each hould carry statement or provision contained therein. a definite amount of insurance for its own safety, for the •Mr. WALSH of Massachusetts. Mr. President, I move the security of its own people and for the general welfare of all adoption of the reservation; which I send to the desk. three countries ; what would be thought of the country which refused to carry the amount of insumnce provided in the The VICE PRESID~NT. The clerk will report the reserv;t­ agreement when the other two countries insured to the limit? tion proposed by the Senator from Massachusetts. Would .it be not only negligent of the welfare of its own people· The legislative clerk' read the proposed reservation, as · fol­ but would it not also be an act· of indifference to the other lows: two countrie ? That in 'ratifying said treaty the United States does so with the Let me suggest another illustration: ·Suppose three nations­ !listinct and explicit understanding that the United States contemplates Canada, and the United States, and, for instance, another na­ and· intends the substantial completion by December 31, 1936, of all tion of the Western Hemisphere-agreed to a definite police cruisers of subcategory (a),· all aircraft carriers, destroyers, and sub­ force that each should maintain for the suppre ion of crime, marines, which it is entitled to construct under the terms of said treaty. for the protection of their interchange of commerce, for their. Mr. WALSH of Massacbu~";etts. Mr. President, I inquire, who general welfare, and for stabilizing peace, and two of those can possibly oppose . this resen·ation on the ground that any countries maintained and appropriated money for the police other nation will be offended? ·wm Great Britain be offended force designated, but the third country refused to do it. I suo­ by a declaration by us that we intend to do what she admits we mit that refusal would be a breach of the agreement in so far as can do and what she ha already done? ·Will . Japan be it related to .her relationships with the other two countries, and offended by a mere declaration by us that, now that we are would also be an act of negligence toward her own people. inferior 'in naval strength, we intend to carry out the conces­ If this treaty means anything, it means that those who sions made to us in this treaty? negotiated it have agreed that the kind of a navy each country There is one person who may be uncomfortable, and that is is allotted will be a benefit to the world, in that it will stabilize the President of the United States, because he will have to world conditions, will tend to promote peace, and will give added accept or reject the reservation. Does he favor . the construc­ protection to the commerce of the various countries ·interested, tion of the naval ves els conceded to us in the treaty? Is he because each will be maintaining the navy that is designated opposed to the construction of these naval vessels? The Ameri­ as needed in the treaty can people have a right to know. This is his treaty. He more I know a great many Senators are saying, "That is all right; than any other American will get the credit, if credit is due, for I approve of that, and I intend in the future, after this treaty: the adoption of the tr~ty. The American people who are shall have been ratified, to vote for liberal appropriations for surrendering freedom of action for all :time though apparently our Navy." However, Senators, .we are now confronted with the treaty is only operating until 1936 in determining the that issue on the eve of the ratification of thi treaty. Sen­ sh·ength and type of navy they may need in the future, inde­ ators openly declare again t building to actual parity. Do not pendent of other countries,· ought to know whether those who think for one moment that the overwhelming defeat of the pro­ advocate it intend it to legalize an inferior navy in America. posal submitted by me will not give encouragement, force, and Mr. President, I think we can fairly assume that the · dele­ strength to every element in this country which is advocating gate who represented us in London took into consideration disarmament by example. · every factor-our commerce, to what extent it should be sup~ Mr. President, I do not mean to reiterate in detail what I ported by reasonable naval def~nses, -our obligations to our­ said on Saturday last, that my purpose in pre enting this reser­ selves and the world · in the Canal Zone, our obligations of vation is inspired solely ·by the unmistakable and overwhelming maintaining an adequate navy to guard our possessions in differ­ evidence that runs all through the testimony pre ented in the ent parts of the world. Considering every factor that they ought hearings and debates that our delegates failed to get naval to consider, they dete_rmined upon ·a definite, specific number of reduction in London, ·and they ·failed to get it in Geneva, be­ naval craft in the \arious categories of the Navy. Not only cause we had nothing to scrap and we were . in the position of did they reach the conclusion that they could not reduce our asking others to scrap· because of our naval inferiority. Navy below what is provided for in the treaty but they legal­ In view of the experiences of the past, who can doubt but ized, so far as they could through this treaty, the naval craft mat there never will be a reduction in naval armament at a that other· governments may maintain. Therefore, if we ap­ future conference if the position of the United States is merely prove the treaty, we app,rove, ~ substance, the judgment ·• You must scrap; we have nothing to scrap." 1930 CONGRESSIONAL RECORD-SENATE 369 · Mr. Coolidge recognized this weaknes in our position at the camou:fiage to prevent what I believe to be · adequate protection tieneva conference, and it led to his taking, for the first time in fo_r our country. I am for peace, just as the Senator from his administration, an active attitude toward the building of Kentucky [Mr. RonsroN] said he was for peace this morning, more cruisers. I am convinced that the only way to bring about and just as the Senator from New York [Mr. WAGNER] says he a reduction of the navies of the world is for the American Gov­ is for peace; but when there is brought to us a scheme provid­ ernment to be represented at the peace conference in 1936 by ing what shall be done ultimately with respect to our Navy, delegates who can say, "We are no longer inferior; we are on I want, if I can, in accordance with the views I hold, to have an actual parity, gun for gun, and vessel for vessel, so far as that Navy sufficient to protect all men who may be compelled un­ we were able to determine it at the London conference. We can der our edict to go to war in the future. I want to give them therefore stop asking our people to replace their obsolete vessels ; an equal chance with every other nation and every other set we can all retephens Blaine Dill Nye Tydings this re ervation protects the United States of America, that it Blease Frazier Pittman Walsh, Mass. will commend itself to all of the Senators who listen to me Bratton Goff Ransdell Waterman now. Brons ard Grundy Shipstead Wheeler This is the other slue of the cruiser question, one part of Caraway IIawes Simmon which I presented to you just a brief period ago. I demon­ So Mr. Jon~soN's re._ ervation was rejected. strated to you, and nobody denied it, and nobody can deny it, Mr. JOHXSON. l\lr. Pre ident, I present the following reser­ that instead of getting 18 cruisers up to 1935 we have 15 vation. I .... hall not ask for a yea-and-nay vote upon it. I sim­ cruisers up to 1935, and instead of having 18 cruisers. during ply ask for a viva voce vote. the life of the treaty we ha\e 16 cruisers during the life. of The VICE PRESIDENT. The reser-vation will be read. the treaty. That is past, however. You . followed me in that; The Chief Clerk read as follows : and I think the reservation that I presented in that regard Nothing contained in this treaty shall be so construed as to require commended itself to this side of tlie Chamber and was over­ the United States of America to depart from its traditional policy of whelmingly adopted because it was just to the United States not intruding upon, interfering with, or entangling itself in the political of America. que tions of policy or internal administration of any foreign state; nor 'J..1his is the other side of the cruLer que tion. It relates to shall anything contained in the said treaty be construed to imply the the matter of categories. relinquishment by the United States of America of its traditional atti­ Here is the proposition: Great Britain says: "We want tude toward purely American questions. crui"ers of a certain amount, 339,000 tons." We say in response The VICE PRESIDE~T. The question is on agreeing to the to tltem: "All right; righto, English cousin; take your 339,000 reservation. ton . 1"\.,.e agree." Then we say: "Go ahead; build up your The re. ervation was rejected. 330,000 ton exactly as you see fit, and we will build up our 1\Ir. JOHNSON. I offer the following reservation, and on tllis 33D,OOO ton exactly as we see fit." A pretty square proposi­ I shall ask for the yeas and nays. is tion; it not? Would you not think that ordinarily it ought The VICE PRESIDENT. The Secretary will report the re~er- to be accepted? But Britain says: "No; no l We will fix the \ation. · · amount of tonnage that you shall have. first and then we will The Chief Clerk read as follow&-: ti:x the kind of cruiser that you shall build, secondly." We say: "Why, why should you do that? We want one kind of cruiser, That this treaty shall be null anu void if and when the United States becau e we are without naval bases and because we have a enters the League of Nations by the ratification of its covenant or allies commerce that requires protection by a cruiser with a large itself with the League of Nations by adhering to the protocol of the sailing radius." International Court of Justice of the League 'of Nations, or in any other We insist to Great Britain that we shall build as we see fit. way accepts membership in the League of Nations or any of its sub­ But Great Britain says, "No; you can not." And, strange as sidiary organizations. it may seem, we can not. T)le reservation is to permit us to The VICE PRESIDENT. On this reservation the Senator maintain our age-old theory of no categories, and maintain that from California asks for the yeas and nays. theory of no categories, building exactly as we want within the The yeas and nays were ordered, and the Ohief Clerk pro­ amount that is permitted, and let Great Britain build exactly as ceeded to call the roll. .. he wants within the amount allowed her. If there could be Mr. COPELAND (when his name was called). Making the anything fairer than that kind of an arrangement, I am unable same announcement as to my pair as before, I \vithhold my to ·ee it. Upon what theory are Senators sitting here to-day vote. If free to vote, I would vote "yea." saying that we shall abandon our old idea concerning no cate­ Mr. GOULD (when his name was called). I transfer my gorle and that we shall build exactly as Britain insists we pair with the junior Senator from South Carolina [Mt·. BLEABE] build? to the junior Senator from PennsylYania [:\1r. GRUNDY] and That is the reservation. I ask for the yeas and na~· s on it. vote" nay." The yeas and nays were ordered, and the Chief Clerk pro­ The roll call was concluded. ceeded to call the roll. 1\Ir. SHIPSTEAD. I have a general pair with the junior Mr. COPELAND (when his name was called). Making the Senator from Arizona [Mr. HAYDEN]. If he were present, he same announcement regarding my pair with the senior Senator would vote "nay." If I were permitted to vote, I would vote from North Carolina [Mr. SIMMONS] that I made before I with­ "yea." hold my vote. If permitted to vote, l would vote " yea.;, Mr. FESS. I desire to anno1.mce the following general pairs : 1\ir. SHIPSTEAD (when his name was called). I have a The ·Senator from New Jer ey [Mr. BAIRD] with the Senator pair with the junior Senator from Arizona [l\lr. HAYD:mi] who from Louisiana [1\Ir. BROUSSARD] ; I under tand, if present, would note "nay." If I wer~ per~ The Senator from West Virginia [Mr. GoFF] with the Sen­ mitted to vote, I would vote "yea." ator from Alabama [1\Ir. HEFLIN]; and The roll call was concluded. · The Senator from Colorado [Mr. WATERMAN] with the Sen­ Mr. FESS. I desire to announce the following general pairs: ator from Montana [Mr. WHEELER]. The Senator from New Jersey [1\ir. BAIRD] with the Senator The result was announc-ed-yeas 8, nays 58, as follows: from Louisiana [Mr. BROUSSARD]; YEAS-8 Bingham Johnson ~o~e s Robinson, Ind. The Senator from West Virginia [Mr. GoFF] with the Senator Hale McKellar - Oddie Walsh, Mass. from Alabama [Mr. HEFLIN]; and NAYS-58 The Senator from Colorado [Mr. WATERMAN] with the Senator Allen Goldsborough McCulloch Smoot from Montana [l\1r. WHEELER] . Black Gould McMa ter Steiwer in the I Borah Greene McNary Suliivan Ml'. GOULD (after having voted negatiYe). have a Brock Harris Metcalf Swanson general pair with the junior Senator from South Carolina [Mr. Brookhart Harrison Korris Thomas, Idaho BLEASE], which I transfer to the junior Senator from Pennsyl­ Capper Hastings Overman Thomas, Okla. -vania [Mr. GRUNDY], and allow my vote to stand. Caraway Hatfield Patterson Townsend Couzens Hebert Phipps Trammell The result was announced-yeas, 8, nays 57, as follows: Deneen Howell Pine Vandenberg li,ess Jones Reed Wagner YEA8-8 Fletcher Kean Robinson. Ark. Walcott Bingham Johnson Moses Pine George Kendrick Robsion, Ky. Walsb, 1\Iont. Hale l\IcKellar Oddie Robinson, Ind. Gillett Keyes Schall Watson Glass King Sheppard NAYS-57 Glenn La Follette Shortridge Allen George Hebert Metcalf NOT VOTING-30 Black Gillett Elowell Norris Ashurst Copeland Hayden Smith Borah Glass Jones Overman Bail'd Cutting He1lin Steclt Brock Gleun Kean Patterson Bat•kiey Dale Norbeck Stephens Brookhart Golusborough Kendrick Phipps Blaine Dill Nr,e Tydings Capper Gould . Keyes Reed Bleuse Frazier Pittman Waterman Couzens Greene King Robinson. Ark. Bratton Goff- Ransdell Wheelet· lJale Harris La Follette Robsion, Ky. Broussard Grundy Shipstead Deneen H~ll'rison l\IcCulloch Schall Connally Hawes Simmons Pes Rastln~s McMaster Sheppard Fletcher Hat fi eld McNary Shortridge So Mr. JoHNSoN's reseryation was rejected. 376 CONGRESSIONAL RECORD~SENA'TE ~

Mr. JOHNSON. Mr.: President, I offer the 'following resel"va­ ing a. wo~d concerning tho e few !ndividuals who ·have stood by tion. my side m the last few weeks m an ·endeavor to prevent its The VICE PRESIDENT. The clerk will report the reserva­ ratification. · tion. It has been by no means a useless contest. Out of it only The Chief Clerk read as follows : good can come. From it a very small minority of the American The United States understands that the combined total tonnage of people have been taught what this instrument is and what it naval auxiliary combatant vessels, to be used as a basis for effecting means in the future of the American Republic. If only that limitation at any international conference held within the life of this has been accomplished, the contest has not been in vain. treaty, shall not be then counted as proportionately lower than the ~ut beyond that, Mr. President, we have accomplished some­ combined aggregate tonnages of these classes in existence on January thrng, too. We have prepared perhaps for another conference 1, 1930, computed on the basis of the combined aggregate tonnage of in 1935, and perhaps we have been able in the preparation to cruisers, destroyers, and submarines built and building, irrespective of prevent some of the mistakes 'which have been made in the their age. present one. It is not uncomplimentary to any of the indi­ viduals who were a part of the London conference to say that The VICE PR.ESIDENr. The question is on agreeing to the they erred or to disagree with them. It by no means w1·ites reservation. them· otherwise than as we would desire to believe them all to The reservation was rejected. claim that they were in error and that they did not accomph h Mr. HALE. 1\fr. President, I offer the reservation which I tJ:!e results for their country that ought to have been accom­ send to the desk. · plished. That sort of thing we saw in · 1922. Four of the The VICE PRESIDENT. The clerk will state the reservation. greatest tnen, as we assumed, that lived m this Nation, Elihu The Chief Clerk read as follows : Root, . Charles Evans Hughes, Henry Cabot Lodge, and Oscar In. ratifying this treaty the United Su~.tes does so with the distinct Underwood, fom• men in whom we had, at least in their ability understanding that the United States considers that the division of the and in their vision and in their statesmanship, the highest cruiser category into subcategories (a) and (b), as contained in Article confidence, represented us in 1922 and wrote the treaty of dis~ XV, for the purposes of effecting limitation in the cruiser category, is a armament which in 1922 was given to us. temporary expedient for the purpose of this treaty only, and that the I have said before upon this floor and I say again there United States maintains as unaltered the principle that limitation of are none so poor to-day to do reverence ·to that document of naval armaments shall be effected by the method of total tonnage in 1922. It is conceded now, practically, that Messr . Hughes and each category of vessels with the right of each nation to distribute such Root were outwitted by-Mr. Balfour, and that being a conceded total tonnage within the category in types of units as the individual fact, practica~ly, in relati?n to the 1922 conference, why should nation may deem desirable, subject only to limitation as to maximum we aecept Without question or demur everything that might unit size and maximum caliber of gun carried, as may be agreed upon. have· been done at the London conference in 1930? After all, men will disagree as long as men exist. ·The very • Mr. HALE. Mr. President, the reservation which I have of­ fact that there are disagreements upon questions such as this fered has to do with the question of the division of the cruiser is a very healthy thing for the Republic. If all of us were of category into subcategories. This is a question which has been like mind as we were in 1922 we never would be able to point discussed on the floor of the Senate at length during the course the way in the years to come, and the same blunders that we of the debate on the treaty, and I do not think I need go into saw in 1922 would be repeated in 1935 and in every subsequent the matter now. conference that may be held. In view of the fact that the reservation does not affect the So it is a good thing that there has been criticlsm of this terms of the agreement but simply would put us in a position treaty. It is a fine thing, too, a fine thing from my standpoint, which might be of advantage to us at some future conference, that I have been able here to express my views upon this treaty I would like to ask the Senator from Idaho [Mr. BoRAH], who with freedom and in such fashion as I desire to express them has charge of the treaty, or the Senator from Pennsylvania and to have with me in the expression of those views a very [Mr. REED] whether they would consider accepting the reserva­ small number of men in this Chamber who undeterred by tion. I take it they would not, but I would like to have them obstacles, heeding no contingency or consequen~e, constituted a so inform us. little band of men who were willing to take their political lives in Mr. REED. Mr. President, it is self-evident that all countries their bands, and stand here presenting their case as best they will be as free as air in the next conference. This treaty binds could in regard to this London treaty. They have done it and I us only to 1936. The Senator can then adopt the French local am very glad that I have been a part of it and that I have theory of an aggregate tonnage within which one may do as be done it. pleases, or he may not, just as he pleases. There is nothing in It is a very sacred cause for which we fought. It is a very the treaty which binds us as to our attitude at a time to come. sacred cause which, with the passing of the years, becomes to a For that reason I do not thiilk the reservation is helpful. man like me more and more sacred. It is a very acred cause, Mr. HALE. Very well. Then the Senator would hold that beca.use it means not alone to-day's prosperity and to-day's pro­ under Article III, the last paragraph of section 2 of which tection and safety, but it means that those who follow us in this reads- peculiar world of ours will have the safety which they are en­ titled to have at our hands and the protection. which it is our ·It being understood that none of the provisions of the present treaty duty to render to them. shall prejudice the attitude of any of the high contracting parties at It has been a very sacred cause, and in bidding good bye to it the conference agreed to- to-night I am bidding good bye to it with my head in the air. there is no moral obligation or obligation of any kind upon us Thank God, it has not been bowed during this contest to any in the conference of 1935 riot to insist upon the American prin­ power on this earth. There has not been in the struggle enouo-b ciple that categories shall not be divided? of influence or enough of weight or enough of political pressu~·e Mr. REED. Not in the slightest. Each country is free to or enough power to make me swerve a single iota from the line advance any theory that it wishes. that was marked out in the beginning of tbis :fight. Tho e men Mr. HALE. I also introduced and had printed a reservation who have fought with me have fought in like_ fashion. God referring to the ratio with Japan. I would like to ask the Sen­ bless them all. They have fought tbe good fight for the good ator from Pennsylvania whether the same statement that he cause. In leaving this cause to-night I sing to them the song has just made would apply to any ratio that we may wish to that Gelett Burgess sang long ago for the cause: establish with Japan in the 1935 conference. Here's to the cause, and the blood that feeds it I Mr. REED. The same thing is true as to ratio. Japan is Here's to the cause, and the soul that speeds it! free to claim any ratio she wishes to claim.. We are free to Coward or hero, or bigot or sage, claim anything we wish to claim. All shall take part in the war that we wage ; Mr. HALE. There is nothing of any kind that would in any And though 'neath our banners 1;ange contrary manners, shall we pick, way bind us to give up our point of view? shall we choose 'twixt the false and the true? Mr. REED. There is nothing in the treaty or outside of the Not for us to deny them, let the cause take and try them-the one treaty that would in any way bind us in that respect. man for ~s is. the man who can do ! Mr. HALE. Under the circumstances, I will withdraw this Here's to the cause, let who will get the glory ! reservation and the other one in regard to the Japanese ratio. Here's to the cause, and a fig for the story! The VICE PRESIDENT. . The Senator from Maine withdraws The braggarts may tell it who serve but for fame; his reservation. The question is on agreeing to the resolu­ There'll be more than enough that Will die for the name! tion to advise and consent to the ratification of the treaty. And though in sotne eddy our vessels :unsteady be stranded and wrecked Mr. JOHNSON. Mr. President, the last chapter has been ere the Victory's won, written. We are now about to vote the ratification of the Let the current sweep by us. 0 death, come and try us ! What if treaty, I can not permit it to be ratified, ho,~ever, without .say- laggards win praise if the caus~ shall go on? 1930 CONGRESSION .A_L RECORD-SEN ATE 377 Here's to the cause, and the years that have passed.! ing _by our talk and were in fact quite content to accept a H~re's to the cause--it will triumph at last! position of inferiority to each of these nations. The end shall illumine the hearts that have braved Ordinarily a re ervation such as I proposed, and which was All the years and the fears that th@ cause might be saved, rejected, covering the ratification of a treaty, namely, that this And though what we hoped for and darkly have groped for, come not country intends to exercise the rights assured to it thereunder, in the manner we prayed that it should, might be considered superfluous. I admit that to be true We shall gladly confess it, and the cause, may God bless tt, shall find under ordinary circumstances, but I know of no other way in us all worthy who did what we could! view of the opposition to expending additional money for our The cause-the United States of America! Nn.-ry, and the fact that the other signatories to the treaty have the actual parity given them in this treaty, of assuring Mr. WALSH of Massachusetts. Mr. President, I have al­ the American people that they are to have actual parity and ways been wi11ing, in the interest of world peace and from the not a mere right to parity. I want them to have assurance of outset of the discussion relating to the ratification of the treaty, naval equality on the ocean and not alone on a paper treaty. to wave aside and minimize the argument of inferiority that Just as soon as this treaty is ratifi~d many who favor the has been raised upon this floor by most of the Senators who treaty and many economists will start propaganda to the effect are oppo ed to the treaty. I have not considered that issue that the.re is no need to build more ships. We shall be told of vital and controlling consequence. I haYe, however, seriously that they are not neces ary. Indeed, Senators who sincerely be­ considered and have been duly impressed by the fact that the lieve we should not build the ships the treaty provides for have treaty puts a limit upon the nations of the world in competitive been the only outspoken opponents of my proposal for a public naval building. The declaration of a virtual naval holiday for expression by the Senate. Great Britain and Japan fo.r six years I have regarded as of This treaty, to my mind, makes for either equality or in­ importance, and I have been inclined to support the treaty feriority on the sea. Because I am convinced the latter will becau e of that contribution toward the possible future reduc­ result, I must, in the absence of assurance of actual equality, tion of naval expenditures. vote against a mere paper equality. The light to parity means But because the treaty removes freedom of action in the nothing unless the United States builds its ships. The very future upon the part of the American Government in determin­ name of the treaty, the agitation in behalf of it, has given the ing the extent and scope, the kind and type of navy we shall impression to our people that naval armaments are reduced in have, I have also felt it of supreme importance that before the this treaty .and that the treaty insures peace. This very view­ treaty was ratified we ought to have a statement from the point js likely to lead to the United States building no ships Executive of the country and from the Senate itself, who are and leaving us in a worse position than ever. about to take away freedom of action in naYal construction Therefore, because I believe world naval disarmament will from the American people, that we do not intend thereby to only come in 1936 by America having an actual naval parity, maintain an inferior navy or be content with a mere paper and because I do not want to confess having a share and a part parity. either directly or indirectly in providing an inadequate and in­ We who have served in this Chamber for a period of years ferior Navy for the United States of America, I must vote realize the methods that can be resorted to to prevent the against the treaty. appropriation of money for naval craft. We know the elas­ The VICE PRESIDENT. The question is on the adoption of the ticity of the rules that permit filibuster. We also know that not resolution of advice and consent to the ratification of the treaty. a single step has been taken in naval building since the \Vash­ Mr. REED. I demand the yeas and nays. ington conference except the program sponsored by President 'The yeas and nays were ordered, and the Chief Clerk pro­ Coolidge after h!s efforts_at Geneva had failed. In my judg­ ceeded to call the roll. ment there never will be any appreciable addition to the United Mr. LA FOLLETTE (when Mr. BLAINE's name was called). States Navy other than what we have to-day unless the Execu­ Making the same announcement as before concerning the ab­ tive and the Senate vigorously, earnestly, and zealously advo­ sence of my colleague [Mr. BLAINE], I desire to announce that cate the appropriation of the necessary amount of money for he is paired on this question with the Senator from New York that purvose. I believe time will justify the statement I am [Mr. CoPELAND], and if present he would vote "yea." making that we will never have an actual naval parity, that 1\fr. COPELAND (when his name was called). On this mat· we a.re now signing and setting up merely a paper parity, that ter I am pai.Ted with the senior Senator from North Carolina forces in this country are powerful enough to prevent the [1\fr. SIMMONS] and the junior Senator from Wisconsin [Mr. Executive, whatever his personal disposition may be, from BLAINE]. If they were here and could vote, both would vote taking the leadership in building up to actual parity. " yea," and if I were permitted to vote I should vote "nay." Mr. President, in conclusion let me summarize the whole issue Mr. LA FOLLETTE (when Mr. CuTTINo's name was called). here as I see it. The chief arguments for the treaty are ulti­ I have been reque ted to announce that the Senator from New mate parity if we build the ships provided for in this treaty, Mexico [Mr. CuTTING], if present, would vote "yea." ' and temporary acceptance of the principles of naval limitation Mr. LA FOLLETTE (when Mr. FRAziER's name :was called). · by treaty as applied to all types of ships. I have been reque ted to announce tllat the senior Senator from Immediate parity for the United States is not provided for in North Dakota [Mr. FRAziER], if present, would vote" yea." this treaty. Mr. HATFIELD (when Mr. GoFF's name was called). My I desire to record my vote for something more than the right colleague the senior Senator from West Virginia [Mr. GoFF] is to parity. In view of what we surrender, the United States absent on account of illness. If present, he would vote "yea." can not posse s adequate defense under this treaty unless it Mr. GOULD (when his name was called). I desire to an­ 1 builds the ships allotted to us. We hould make certain that nounce that I have a general pair with the Senator from South we intend to build them before we ratify this treaty. Carolina [1\fr. BLEASE], who is detained at home by serious ill­ I can not overlook the fact that navies are associated with ness in his family. I transfer that pair to the Senator from and are part of a nation's foreign policy. Navies are main­ Pennsylvania [Mr. GRUNDY] and vote "yea." · tained by nations not merely for war purposes but in times of Mr. JOHNSON. Mr. P:r:e'ident, a parliamentary inquiry. , peace to uphold a nation's foreign policy. The VICE PRESIDENT. The Senator will state it. The three cardinal principles of our American foreign policy Mr. JOHNSON, I ask can there be a transfer on a treatv are (1) the rights of neutrals, (2) the Monroe doctrine, and vote to an individual Senator? (3) the "open door." The VICE PRESIDENT. A Senator voting for the treaty How are we to uphold these foreign policies without an would have the right to do that if he so desired. Senators 1 adequate navy? Mr. President, now that we have legalized the voting on the other side would be entitled to two pairs if they so . strength of the navies of other great powers, it is more impor­ requested. Such a transfer may be made. . tant than ever to maintain that naval strength which this Mr. JOHNSON. Of course it will make no difference in the ' n·eaty asserts we need. It is folly to think we can maintain ultimate result, but it struck me when the Senator from Maine an influence for peace and protect the rights of smaller and [Mr. GoULD] transferred his pair to an individual Senator, and neutral people without a navy of the size herein agreed to. voted, that it was not appropriate, and therefore I challenge the I do not intend to place my country in the position before vote. the world of being more interested in avoiding expenditures The VICE PRESIDENT. The Secretary will resume the call than in our national defense-for I am convinced we will make of the roll. little progress in inducing other nations to reduce their navies The calling of the roll was resumed. in accordance with our wishes by such a course. To my mind Mr. REED (when Mr. GRUNDY's name was called). I have it will be both humiliating and disadvantageous for us inter­ been requested to announce that the junior Senator from nationally, if, after having demanded equality with Great Pennsylvania [Mr GRUNDY], if present, would vote "yea." Britain and superiority over Japan, we show by failure to Mr. KEAN (when his name was called). I vote "yea." build what the treaty p~rmits to us that we really meant noth- While on my feet I desire to state that the junior Senator from 378 CONGRESSIONAL R.ECORD-SENATE JULY 21 · New Jersey [Mr. BAIJID] has ju. t arrived from Europe, and iS Mr. OVERMAN: I desire to announce that my colleague on hi. way here. If he were present, he would vote "yea.." [Mr. SIMMONS] is unavoidably detained. If he were present, Mr. LA FOLLETTE (when Mr. NYE's name was called). I he would vote in favor of the ratification of the treaty. de ire to announce that the junior Senator from North Dakota The roll call resulted-yea.s 58, nays 9, as follows: [Mr. NYE] is ab ent on official busines of the Senate, attending YEAS-58 tbe e sious of the special committee to investigate campaign Allen Glenn La Follette Smoot expenditures. If present, he would vote " yea." Black Goldsborough McCulloch Steiwer Borah Gould McMaster Sullivan Mr. SHIPSTEAD (when his name was called). On this Brock Greene McNary Swanson que. tion I have a pair with the Senator from Montana [Mr. Brookhart Harri Metcalf Thomas, Idaho WHEELER] ' and the Senator from Arizona [Mr. HAYDEN]. If Capper llal'rison Norris Thomas, Okla. Ca.raway Hastings Overman Townsend pre._ent, those Senators would vote " yea," and if I were per- Couzens Hatfield Patterson Trammell mitted to vote I should vote "nay." - Dale Hebert Phipps Vandenberg Mr. WATSON (when hi& name was called.) I have a gen­ Deneen Howell Reed Wagner Fess Jone Robinson, Ark. Walcott eral pair with the Senator from South Carolina [Mr. SMITH], Fletcher Kean Robsion, Ky. Walsh, Mont. who 1. absent becau e of illness. I have ·a telegram from him George Kendrick Schall Watson in which he states that, if pre. ent, he would vote for the ratifi­ Gillett Keyes Sheppard cation of the treaty. I am therefore relea ed from the pair, Glass King Shortridge and will \Ote. I vote "rea." NAYS-9 Bingham McKellar Oddie Robinson. Ind. The roll call wa · concluded. Hale Moses Pine Walsh, "Alass. Mr. SHEPPARD. I desire to announce that the junior Sena­ Johnson tor from Texas [lli. CoNNALLY] and the Senator from Ken­ NOT VOTING-29 Ashurst Copeland Hetlin Steck tucky [Mr. BARKLEY], both of whom are absent in attendance Baird Cutting Norbeck Stephens on the . essions of the Interparliamentary Union in London, and Barkley Dill Nye Tydings the Senator from Iowa [Ur. STECK], the Senator from South Blaine Frazier Pittman Waterman Blease Goff Uan dell Wheeler Carolina ·[Mr. SMITH], and the Senator from Louisiana [Mr. Bratton Grundy Sbipstead RANSDELL], who are unavoidably detained in their respective Broussard Hawes Simmons States, if pre ent, would vote "yea." Connally Hayden Smith I wish also to announce that the Senator from Arizona [Mr. The VICE PRESIDENT. On this _que tion the yeas· are 58, AsHURST] and the Senator from Maryland [l\fr. TYDINGS], who the nays are 9. More than two-thii·d of the Senators present are also unavoidably absent in attendance on the sess1ons of having voted in the affirmative, the Se-nate advi es and consents the Interparliamentary Union in London, are paired with the to the ratification of tbe treaty with the reservation made to the Senator from Louisiana [Mr. &oussARn), the Senator from resolution of ratification. Louisiana being against the treaty and the Senators from Ari­ Tbe resolution of ratification is as ~ fo-llows: zona and Maryland being for it. Resolved (two-thirds of tll.e Senators preBent concut·rf.ng therein), I wish fUI'ther to announce that the Senator from New That the Senate advise and consent to the ratification of Executive I, Mexico [Mr. BRATTON], who is detained b;y illness in his family, Seventy-first Congress, secend session, a treaty for the limitation and and the Senator from Washington [Mr. DILL], who is unavoid­ reduction of naval armament, signed at London on April 22, 1930. ably ab ent, are paired with the Senator from Colorado [Mr. ResoWed jurllier~ That in ratifying said treaty the Senate does so 'VATER~L>L-~). the Senator from Colorado being against the with the distinct and explicit understanlHng that there are no secret treaty and the Senator from New Mexico and the Senator from files, documents, letter , understandings. or agreements which in any Washington being for it. way, dil·ectly or indirectly, modify, change, add to, or take away from I desire ·also to announce that the Senator from ~lis i ippi any of the stipulation , agreements, or statements in said tr-eaty; and· [Mr. STEPHEN s], who is unavoidably absent, and the Senator that the Senate ratifies said treaty with the distinct and explicit under­ from Mis ouri [Mr. HAWES], who is absent on account of ill­ standing that, excepting the agreement brought about through the ne .~", are paired with the Senator from Nevada [Mr. PITTMAN], exchange of note between the Governments of the United States, Great the Senator from Ne\ada being against the treaty and the Britain, and Japan having reference to Art icle XIX, there is no agree­ Senator from Mississippi and l\fi souri being for the treaty. ment, secret or otherwise, expre ed or implied, between any of the I wish further to announce that the senior Senator from parties to said treaty as to any con truction that shall hereafter be Alabama [Mr. HEFLIN] i una'Voidably detained in his State. given to any statement or provision contained therein. Mr. BORAH. _The Senato1· from South Dakota [1\Ir. NoR­ 1\ir. BORAH. Mr. President, I ask unanimous consent to BEOK] is neces arily absent on official bu iness of the Go\ern­ have printed in the RECORD a list of treaties which have been ment. reported from the Committee on F01·eign Relations and acted l\fr. WALSH of Montana. My colleague [Mr. WHEELER] is upon by the Senate since December 1, 1924. unavoidably_ab ent. As heretofo!e announced, he is paired for There being no objection, the list was ordered to be printed the treaty. in tbe REcoRD, as~ follo~s : · Treaties a-cted upon by th.e Senate since D~ember 1, 1924

Date of refer­ ence to com· Subject Action in committee Action in Senate mittee

Dec. 11,1923 Treaty oi friendship, commerce and consular rights with Germany, signed at Washington, Feb. 3, 1925, reported______Feb. 10, 1925, ratified. Dec. 8, 1923. Jan. 31, 1924 Convention with American States to provide for the protection of trade-marks and commercial Feb. 24, 1925, reported______Feb. 24, 1925, ratified. names, signed at Santiago, Apr. 28, 1923. May 3,1924 ·Treaty establishing general relations '?lith Turkey, signed at Lausanne, Aug. 6, 1923 ______Feb. 21, 1925, reported______Mar. 24, 1926, made public; · · Jan. 18, 1927, rejected. Do ______Extradition treaty with Turkey, signed at Lausanne, Aug. 6, 1923·------_____ do ______June 6, 1924 Convention with Great -Britain with respect to Canada to aid in suppressing smuggling along Dec. 11, 19:24, reported______Dec. 12, 1924, ratified. the boundary between the United States and Canada, signed at Washington June 6, 1924. Do______Convention with Panama to aid in the prevention of liquor smuggling, signed at Washington _____ do·-----·-·------Do. June 6, 1924. Dec. 8,1924 Convention with France to prevent liquor smuggling, signed at Washington June 30, 1924.______do______Do. Do.. ______Extradition treaty with Rumania, signed at Buchare!lt July 23,1924------Feb. 9, 1925, reported ______Feb. 10, 1925, ratilled. Do ___ ~ : __ Arbitration convention with Sweden, signed at Washington June 24, 1924.. ______Jan. 8, 1925, repo.r:ted_~------Jan. 10, 1925, ratilled. Do______Convention with the Netherlands to aid in preventing smuggling, signed at Washington June Dec. 11, 1924, reported ______Dec. 12, ·1924, ratified. 21, 1924.· Dec. 13, 1924 Convention with G uatamala and other countries for the establishment of an international com- Jan. 26, 1925, reported______Ian. 28, 192.5, ratified. mission of inquiry, signed at Washington, Feb. 7, 1923. Dec. 18,1924 C~~i.ntion of ratification with the Dominican R-epublic, signed at Santo Domingo, June 12, Jan. 14, 1925, reported ______Jan. 21, 1925, ratified. Dec. 22,1924 Convention with Great Britain concerning rights in Palestine, signed at London, Dec. 3, 1924__ Feb. 19, 1925, reported ______Feb. 20, 1925, ratified. Jan. 2,1925 Convention with the Dominican &!public to replace the convention of Feb. 8, 1907, between Jan. 14, 1925, reported __ • ___ Jan. 21, 1925, ratified. the two governments, signed at Washlngton, Dec. 'XI, 1924. Jan. 10, 1925 Convention with Great Britain providing for extradition on account of violation of narcotics Jan. 26, 1925, reported ___ ~____ Jan. 27, 1925, ratified. laws, signed at Washington, Jan. Zl, 1925. Jan. 26,1925 Treaty with the Netherlands regarding the Island of Palmas, signed at Washington, Jan. 23, 1925_ -Feb. 9, 1925, reported~· _-"---- Feb. 10, 1925, ratified. I<'eb. 3,1925 Extradition treaty, with Finland, signed at Helsing!ors, Aug. 1, 1924------· Feb. 11, 1925, reported______Feb. 16, 1925, ratified. Feb. 7,1925 Sanitary convention between the United States and other American Republics, signed at Feb. 20, 1925, reported ______Feb. 23, 1925, ratified. Rabana, Nov. 14, 1924.· 1930 CONGRESS! ON AL RECORD-SENATE 379: Treaties acted UP_on bv the Senate since December 1, 191'4-Continued

Date of refer­ ence to com­ Subject Action in committee Action in Senate mittee

:Feb. 27, 1925 Treaty with Great Britain defining the boundaries between the United States and Canada, Mar. 12, 1925, reported.____ Mar. 12, 1925, ratified. signed at Washington, Feb. 24, 1925. Do ______Treaty with Great Britain concerning regulation of level of Lake of the Woods, signed at Wash- _____ do ______Mar. 14, 19?..5, ratified. ington, Feb. 24, 1925. Mar. 3,1925 Treaty witt Great Britain regarding rights in the Cameroons, signed at London Feb. 10, 1925 Mar. 10, 1926, reported ______Mar. 17, 1926, ratified. Do ______Treaty with Great Britain regarding rights in East Africa. signed at London Feb. 10, 1925 ______.•... do______Do. Do ______Treaty with Great Britain in regard to rights in Togoland, signed at London Feb. 10, 1925 ______do______Do. Dec. 16, 1925 Treaty offriendsbip, commerce, and consular rights with Hungary, signed at Washington June Mar. 17, 1926, reported______Do. 24, 1925. Dec. 17, 1925 Treaty with Belgium to prevent the smuggling of liquor, signed at Washington, Dec. 9, 1925 __ _ Feb. 17, 1926, reported ______Mar. 3, 1926, ratified. Do ______Extradition treaty with Czechoslovakia, signed at Prague, July 2, 1925·------Jan. 29, 1926, reported______Do. Jan. 6,1926 Treaty with Me:rioo to prevent smuggling, signed at Washington, Dec. 23, 1925 ______Feb. 27, 1926, reported______Do. Do ______Extradition treaty with Mexico, signed at Washington, Dec. 23, 1925.------­ Jan. 20, 1926, reported ______June 21, 1926, ratified. Do ______Treaty of friendship, commerce, and consular rights with Estonia, signed at Washington, Mar. 17, 1926, reported ______Mar. 25, 1926, ratified. Dec. 23, 1925. Jan. 12, 1926 Protocol foi the prohibition in war of poisonous gases, signed at Geneva, June 17, 1925.------June 26, 1926, hearings; re- Dec. 9, 1926, made public; - ported. Dec. 13, 1926, referred back to committee. Do ______A convention for the supervision of the international trace in arms and ammunition signed at Apr. 28, 1926, hearings ______Geneva, June 17, 1925. Jan. 14,1926 Supplementary extradition treaty with Cuba, signed at Habana, Jan. 14, 1926------Feb. 17, 1926, reported ______Mar. 3, 1926, ratified. Feb. 15, 1926 Treaty with Spain to prevent the smuggling of liquor, signed at Washington, Feb. 10, 1926 ..• _____ do______·Do. Mar. 15, 1926 Treaty with Cuba for the prevention of smuggling liquor into the United States, signed at Mar. 17, 1926, reported ______Apr. 9, 1926, ratified. Habana, Mar. 4, 1926. Mar. 23, 1926 Treaty with Cuba for the suppression of smuggling, signed at Habana, Mar. 11, 1926 ______Apr. 14, 1926, reported.. ______Apr. 16, 1926, ratified. Apr. 1, 1926 Treaty of friendship, commerce, and consular rights with Salvador, signed at San Salvador, May 26, 1926, reported ______May 28, 1926, ratified. Feb. 22, 1926. May 4,19211 Consular convention with Cuba, signed at Habana, Apr. 22, 1926------June 30, 1926, reported ______June 30, 1926, ratified. June 24, 1926 An arbitration convention with Liberia, signed at Monrovia, Feb. 10, 1926------_____ do ______Do. Dec. 9,1926 Claims convention with Panama, signed at Washington, July 28, 1926------Jan. 24, 1929, reported ______Jan. 26, 1929, ratified. Feb. 24, 1927 Revision of international sanitary convention of Jan. 17, 1912, signed at Paris, June 21, 1926 _____ Mar 21, 1928, hearings; re· Mar. 22, 1928, ratified. ported with reservations. Dec. 8,1927 Supplementary extradition convention with Honduras, signed at Tegucigalpa, Feb. 21, 1927____ Mar. 14, 1928, reported ______Mar. 14, 1928, ratified. Dec. 12,1927 International radio convention, signed at Washington, Nov. 25, 1927------Mar. 14, 1928, hearings; Dec. 17, 1927, made public; reported. Mar. 21, 1928, ratified. Jan. 5,1928 Friendship, commerce, and consular rights with Honduras, signed at Tegucigalpa, Dec. 7, 1927. May 23, 1928, reported.. ______May 25, 1928, ratified. Feb. 6,1928 Arbitration treaty between the United States and France, signed at Washington, Feb. 6, 1928._ Feb. 29, 1928, reported ______Feb. 8, 1928, made public; Mar. 6, 1928, ratified. Feb. 16, 1928 Additional protocol to Pan American sanitary convention, signed at Habana, Nov. 14, 1927 ____ Feb. 23, 1928, reported.. ______Feb. 24, 1928, ratified. Do ______Protocol to treaty with the Netherlands for the advancement of general peace, signed at Wash- _____ do ______Do. ington, Feb. 13, 1928. Do ______Extradition treaty with Poland, signed at Warsaw, Nov. 22, 1927·------____ do ______Do. Mar. 19,1928 Convention with Mexico safeguarding livestock interests, signed at Washington, Mar. 16, 192!L Mar. 28, 1928, reported ______Mar. 28, 1928, ratified. Apr. 30, 1928 Convention with Greece for the prevention of smuggling of liquor, signed at Washington, Apr. May 23, 1928, reported ______May 25, 1928, ratified. 25, 1928. May 2,1928 Arbitration with Italy, signed at Washington, Apr. 18, 1928.------May 9, 1928, reported._----- May 10, 1928, ratified. Arbitration with Germany, signed at Washington, May 5,1928------_____ do ______MayDo 7,1928 ______Do. Conciliation with Germany, signed at Washington, May 5, 1928... - ~ ------May 8, 1928, reported._: ___ _ Do. May 16, 1Q28 Friendship, commerce, and consular rights with Latvia, signed at Riga, Apr. 20, 1928. ______May 23, 1928, reported ______May 25, 1928, ratified. · May 24, 1928 Slavery convention signed at Geneva, Sept. 25, 1928 __ ·------'------Feb. 23, 1929, reported ______Feb. 25, 1929, ratified. May 22,1928 Convention revision of tP.c General Act of Berlin of Feb. 26, 1885, and General Act and Decla- Apr. 2, 1930, reported ______Apr. 3, 1930, ratified. Do ______ration Brussels of July 2, 1890. Liquor traffic in Africa, signed at St. Germain-en-Laye, Sept. 10, 1919------Feb. 27, 1929, reported ______Feb. 28, 1929, ratified. Dec. 5,Hl28 Multilateral treaty for the renunciation of war, signed at Paris, Aug. 27, 1923 ______Dec. 11, 1928, hearings; Dec. Jan. 15, 1929, ratified. 19, 1928, reported. De.c. 19, 1928, reported ______1 Dec. 8, 1923 Conciliation with Albania, signed at Washington, Oct. 22, 1928 .. ------Dec. 20, 1928, ratified. Do ______Friendship, commerce, and consular rights with Austria, signed at Vienna, June 19, 1928 ______Feb. 7, 1929, reported ______Feb. 11, 1929, ratified. Do ______Naturalization treaty with Czechoslovakia, signed at Prague, July 16, 1928------­ Jan. 24, 1929, reported... ______Jan. 26, 1929, ratified. Do ______Feb. 7, 1929, reported ______Do ______Tarifi relations with China, signed at Peping, July 25, 1928.------­ Feb. 11, 1929, ratified. Prevention of the smuggling of alcoholic beverages with Japan, signed at Washington, May 31, Jan. 24, 1929, reported ______Jan. 26, 1929, ratified. Do ______1928. Do ______Conciliation with Czechoslovakia, signed at Washington, Aug. 16, 1928 ..------Dec. 19, 1928, reported ______Dec. 20, 1928, ratified. Do ______Conciliation with Poland, signed at Washington, Aug. 16, 1928------_____ do ______Do. Conciliation with Lithuania, signed at Washington, Nov. 14, 1928·------_____ do ______Do. Do ______Conciliation with Finland, signed at Washington June 7, 1928..------_____ do ______Do. Do ______Conciliation with Austria, signed at Washington Aug. 16, 1928..------~------_____ do ______Do ______Do. Do ______Arbitration with Austria, signed at Washington Aug. 16, 1928..·------Dec. 17, 1928, reported ______Dec. 18, 1928, ratified. Do ______Arbitration with Lithuania, signed at Washington Nov. 14, 1928..------_____ do ______Do. Do______Arbitration with Finland, signed at Washington June 7, 1928...------_____ do ______Do. Arbitration with Denmark, signed at Washington June 14, 1928.. ______do ______Do. Do ______Arbitration with Poland, signed at Washington Aug. 16, 1928------_____ do ______Do. Do______Arbitration with Czechoslovakia, signed at Washington Aug. 16, 1928..·------_____ do ______Do. Do ______Arbitration with Albania, signed at Washington Aug. 22, 1928 ..•. ------_____ do ______Do. Arbitration with Sweden, signed at Washington Oct. 27, 1928------_____ do ______Do. I Jan.D~;iii29- Conciliation with the Kingdom of the Serbs, Croats, and Slovenes, signed at Washington Jan. Jan. 30, 1929, reported ______Jan. 31, 1929, ratified. Do______21, 1929. Do ______·conciliation with Bulgarial signed at Washington Jan. 21, 1929------_____ do ______Do. Arbitration with the Kingaom of the Serbs, Croats, and Slovenes, signed at Washington Jan. _____ do ______Do. Do ______21, 1929. . Arbitration with Bulgaria, signed at Washington Jan. 21, 1929.------_____ do ______Do. Jan. 26,1929 General convention of inter-American conciliation, signed at Washington Jan. 5, 1929______Feb. 20, 1929, reported ______Feb. 20, 1929, ratified. Jan.Do 29, ______1929 _ Arbitration with Hungary, signed at Washington, Jan. 26, 1929·------Feb. 13, 1929, reported ______Feb. 18, 1929, ratified. Conciliation with Hungary, signed at Washington, Jan. 26, 1929·------_____ do ______Do. Feb. JJp1929 Supplementary extradition treaty with France, signed at Paris, Jan. 15, 1929 ______Feb. 27, 1929, reported ______Feb. 28, 1929, ratified. Feb. 25, 1929 Arbitration with Norway, signed at Washington, Feb. 20, 1929------Feb. 26, 1929, reported ______Feb. Zl, 1929, ratified. Feb. 28, 1929 Agreement with Netherlands extending arbitration convention of May 2, 1908, signed at Wash- Mar. 2, 1929, reported ______Mar. 2, 1929, ratified. ington, Feb. 27, 1929. Jan. 3,1929 Abolition of impo~t and expo!i prohi~itio:ns an~ restrictions, ~igned at Geneva, Nov. 8, 1927 ___ Sept. 18, 1929, reported ______Sept. 19, 1929, ratified. Jan. 26, 1929 General treaty of mter-Amencan arb1trat10n, s1gned at Wasbmgton, Jan. 5,1929 ______Feb. 13, 1929, hearings ______Mar. 2,1929 A treaty of arbitration with Portugal, signed at Washington, Mar. 1, 1929------May 16, 1929, reported ______May 22, 1929, ratified. Apr.Do 18, ______1929 _ Arbitration with Ethiopia, signed at Addis-Ababa, Jan. 26, 1929------_____ do ______Do. Do______Arbitration with Rumania, signed at Washington, Mar. 21, 1929------_____ do .. -----~------Do. Do ______Arbitration with Belgium, signed at Washington, Mar. 20, 1929. ------·------_____ do ______Do. Do ______Conciliation with Ethiopia, signed at Addis-Ababa, Jan. 26, 1929.------_____ do ______Do. Do ______Conciliation with Rumania, signed at Washington, Mar. 21, 1929------_____ do ______Do. Conciliation with Belgium, signed at Washington, Mar. 20, 1929------_____ do ______Do. Apr. 29, 1929 Arbitration with Luxemburg, signed at Luxemburg, Apr. 6, 1929·------_____ d ______Do ______0 Do. Conciliation with Luxemburg, signed at Luxemburg, Apr. 6, 1929 ______do ______Do. Oct.Do 21, ______1929 _ Conciliation with Egypt, signed at Washington, Aug. 27, 1929·------Jan. 8, 1930, reported ______Jan. 20, 1930, ratified. Arbitration with Egypt, ~igned at Washington, Aug. 27, 1929------_____ do._------Do ______Conciliation with Estonia, signed at Washington, Aug. 27, 1929 ______do ______Do. Do ______Do. Arbitration with Estonia, signed at Washington, Aug. 27, 1929_ ------· ______do._------Do. Dec. 5,1929 Commerce and navigation with the Turkish Republic, signed at Ankara, Oct. 1, 1929 ______Jan. 22, 1930, reported ______Feb. 17, 1930, ratified. Jan. 21, 1930 Arbitration with the Netherlands, signed at Washington, Jan. 13, 1930.~------·---··------_____ do ______Jan. 31, 1930, ratified. 380 JULY 21

"!Yeatiu acted upon by the &natesinu Det:ember 1, l!n.l-Continued

Date of refer­ ence to com• Subject Action in committee Action in Senate mittee ~----- ~ ------1------~------· Jan. 22, 1930 Treaty with Great Bri!ain with reference· to the boundary between the Philippine .Archipelago Feb. 5, 1930, reported ______Feb. 11, 1930, ratified. and North Borneo, signed at Washington, Jan. 2, 1!130. Feb.Do 18, ______1930 _ Al:bitration with Latvia, signed at Riga·, Jan. 14, 1930. _------Feb. 19, 1930, reported Mar. 22, 1930, ratified. Conciliation with Latvia, signed at Riga, Jan. 14, 1930------_____ do ______::::::: Do. Mar. 7,1930 Treaty with Austria fox eXtradition of fugitives from justice, signed at Vienna. Jan. 31, 1930_ ____ June 2, 1930: re~crted. ______June 16, 1930, ratified. May 1,1930 Treaty for the limitation and reductton or na>aJ armaments, signed at London, Apr. 22, 1930 .. _ May 13, 1930, hearings; May July 21, 1930, ratified. 23, 1930, reported. May 1.9,1930 Arbitration with Iceland, signed at Washington, May 19, 1930... ·------­ June 2; 1930, reported ______June 16, 1930, ratified. May 29,1930 Convention with Chile to aid in the prevention of liquor smuggling, signed at Washington, June27, 1930, reported ______June 28, 1930, ratified. May 27, 1930. JuneDo 23, ______1930 _ Conciliation with Greece, signed at Washington, Ju~ 19, 1930 ...• ·------~------_____ do ••••• ·------···- Do. Do ______Arbitrati.on wi_th Greece, sign~d ~t Washington1 June ~9, l930~J ---.------·--·- ---~-do ______Do. CoJnvention w1th Poland to rud m the prevent.J.on of liquor smuggling.- signed at Washington, _____ do ______Do. nne 19 , 193 0 .

NOMINATIONS OF WATER POWER COMMISSIONERS NOMIN.ATIO ~ OF Wll.LIAM .M. JARDINE llr. COUZENS. Mr. President, a short while ago I reported Mr. BORAH. From the Committee on Foreign Relations I to the enate the nominations of thr~ member of the Water report back favorably the nomination of William 1\I. Jardine to Power Commission.· I a. k unanimous consent th"at those nomi­ be envoy extraorU.inary and minister plenipotentiary of the nations may be con idered at this time. United States to Egypt. I a k unanimous consent for the ­ The VICE PRESIDENT. Is· there objection? immediate consideration of the nomination. - Mr. WALSH of Montana. Mr. Pre ident, this is too grave a The VICE PRESIDEl\TT. Is there objection? The Chair· matter to be disposed•of in this precipitous manner. I think the hears none, and, without objection, the nomination is confirmed,­ nominations of members of the Federal Power Commts ion bad and the President will be notified. better go over. The gentlemen nominated may be all right; I have no information that lead me to believe that the appoint­ NOMINATION OF .A. PENDLETON STROTHER ment of any of them is not wise; but, on the other band, we Mr. SMOOT. From the Committee on Finance I report back have i:w information wbate\er concerning who they are, what fayorably the nomination of A. Pendleton Strother, of Roanoke, their relation. hip. or as ociations· may be, and none of them Va., to be collector of internal revenue for the district of Vir­ have any reputation, at least beyond the States from which they ginia in place of John 0. Noel. I ask unanimous consent for come. the immediate consideration of the nomination. One of them i from my neighboring State of Wyoming, and The VICE PRESIDENT. Is there objection? The Chair his nomination i ' approved by the Senator from that State. I hears none, and, without objection, the nomination is confirmed, have very great confidence in both tho e Senator and would and the President will be notified. ordinarily rely upon their judgment. Another comes from my NOMINATION OF NICHOLAS ROOSEVELT neighboring State of Washington. I dare ay he is an excellent man; but really we ought to have some further informatiOn, and, M1·. HARRISON obtained the floor. under the circum tance , I feel con "trained to object to the im- ­ · Mr. BINGHAM. Mr. President-- mediate con ideration of the nominations. The VICE PRESIDENT. Does the Senator from Mississippi Mr. COUZENS. Mr. President, will the Senator Withhold yield to the Senator from Connecticut? his objection for a moment? Mr: HARRISON. I will yield to the Senator, of cour e, but Mr. WALSH of Montana. Yes. I de 1re to occupy the· floor for only a few moments. :Mr. COUZENS. All of the gentlemen nominated to the Fed­ Mr. BINGHAM. I merely wish to make an announcement. eral Power Comrnis ion have been recommended by the Senators Mr. President, some que tion has arisen in regard to the' from their respective States. The Senator from Montana is nomination of Mr. Nicholas Roosevelt, of New York to be Vice mistaken when he says we ha"le no information about the nomi­ Goyernor G€neral of the Philippine Islands. On ac~ount of the nees. We have quite extensive information, which I am pre­ fact that the Commis ioners from the Philippine Island , as pared to. pre ent. if I obtain con ent to have the nominations well as certain persons in the Philippines, have a ked to be considered, but I do not want the t.atement to g-o unchallenged heard on the nomination, it will be nece ary to hold hearing . that we have no informati6n concerning the nominee . There is not time to hold them before the end of the pre ent Mr. WALSH of Montana. The Senator exhibited. to me such se · ~ ion. Therefore, the hearings will not be helu until the information as he bas- about the· nominees, which i the ordinary Congress shall convene next fall. brief statement that comes fi·om tlie Executive Office with nomi­ I ask unanimous consent that there may be printed in C(}nnec­ nations. I will be glad, however,- to withhold the objecti-on. tion with my temarks a letter from one of the R"esid nt Philip­ which I made until the Senato1r pre ents the information- -he bas pine Commissioner . There being-no objection, the letter was ordered tO be printed in connection with the e appointments. in tl1e RJOOoRD, as follows : Mr. COUZENS. Of course, if the Senator is going to object because of insufficiency of time in which to con ider the nomi­ C01'ffiRE. S OF· THE UNITED STATES, nations, it is obviously unnecessary for me to proceed to describe HOUSE OF REPRESENTATIVES, the qualification of the n&rninees. - Wa.sl/A.flgton, D. a., July 21, 1!FJI). Mr. McKELLAR. Mr. Pre ident, will the Senator from Mon­ Hon. HIRAM BINGHAM, tana yield to me? Senate Office Buildi11g, Waalllingion, D. 0. The VICE PRESIDENT. Does the Senator from Montanu DEAn Mn. CHAIRMAN: With reference to the nomination of Mr. Nicbo~ yield to the Senator from Tennes ee? las Roosevelt as Vice Governor of the Philippine Islands, I have the -Mr. WALSH of Montana. I yield. honor to inform you that the people of the Philippine Isl'ands, well Mr. McKELLAR. Mr. President, we have· in Tenne. see a as the leaders of all political parties in the Philippine , · are trongly great number of magnificeut water-power sites which have been opposed to his appointment. The following cablegram, signed by Presi­ the ubject of controversy for quite a while. I know nothing dent Quezon of the Philippine Senate, Senator Osmena, president pro except what is creditable to the gentlemen who have- been- nomi­ tempore of the senate, and Representative Alas, acting sp aker of the nated for the Power Commission, although I know very little house of repre entatives, expre es the view of the people of the Philip­ except what I have seen in the new papers. The question

CONGRESSIO.L AL RECORD-SENATE JULY 21 ·

Mr. WATSON. Mr. President, will the Senator yield? could not serve longer than 90 days. In other words, if the • Mr. HARRISON. I do not yield right now. President does not name their succe sol'S by the 15th day of 1\fr. WATSON. I just wanted-- September, we shall have no Tariff Commission. Mr. HARRISON. Not now. I desire to pay a tribute to the Mr. SWANSON. I asked the Senator the question for this Senator from Indiana first. Of course, he and the other Senator reason: In talking with the senior Senator from -Idaho [Mr. · whom I see smiling over there, the Senator from Ohio [Mr. BoBAR] and the senior Senator from Washington [.Mr. JoNES] FEss], are on the inside of this matter. Perhaps they know and looking at the Constitution, attention was called to the fact the reasons why the Tariff Commission membership has not been that the Constitution gives the President the power to fill vacan­ sent to the Senate. cies that occur during the recess of the Senate. If tlle ·e vacan­ I will tell you what the country is going to thmk about it, cies occurred while the Senate was in se ion, I doubt if he ha and I will tell you why I think the President has not sent any power to appoint them in the interim. It was drawn that · the names here. Before I do, let me ask how the country is way so as to permit the· President to appoint them in reces . going to have faith in a Pre ·ident who says, " Let us reorganize .Mr. HARRISON. Yes; it was drawn in such a way that the commission; give me the flexible provision, with its broad­ this commission could hold over 90 days after the pus age of ened powers, and I will see that prompt action shall be taken, the act, and that during that time these new members might and these delays shall be done away with," but for two weeks be appointed. He might appoint them later than 90 day. after­ holds off ; for six weeks since the passage of the bill he has wards, but the 11resent commission could not hold office longer held off ; for 15 months and more he has held off, since the bill than 90 days after the bill became a law. was reported to the House of Representatives, carrying with it Mr. SMOOT. Mr. President, of course the Senator knows the provi ion that this Tariff Commi sion would be reorganized, that there was no objection to that by any member of the would be made a bipartisan commission, and have broader Finance Committee. po\vers. Is it because he does not want the searchlight of pub­ 1\lr. HARRISON. Oh, well, we assumed that surely the Pre i­ licity thrown upon the nominations for P'is reorganized Tariff dent, who bad proclaimed the idea that this commi ion was to Commission? Does he want to wait until-the Senate shall have deal quickly and promptly wi.tb these questions, and that he ' adjourned, and we have gone to our respective homes, and then wanted to do away with the delay that bad been cau ed, would make recess appointments of these men? No voice then can not take 8 months to name a commission. I dare ask the be lifted on the floor of the Senate to tell the country whether Senator from Utah now-well, I will not ask him that, be­ the particular individuals who shall compose the Tariff Commis­ cause he is staying up at the White House, and it would be sion are controlled by some special interest in the country or embarrassing to him to answer the question. are special advocate of some particular special interest. Mr. SMOOT. The Senator will not embarrass me by any The Pre ident may think that the country will pay no atten­ question he asks. tion to the matter then ; that he can slip in his appointments, Mr. HARRISON. I will not press the question, because I that the new men will take the places of the present commis­ would not embarrass the Senator in any way, especially in sioner , and that they will begin to lay plans for their futur~ these beautiful day . work. They have big.and broad powers, Mr. President. In my Mr. SMOOT. Do not take that into consideration. opinion, it -is more important to the American people that we Mr. HARRISON. Oh. yes; I have a tender heart. should have received these .nominations for the Tariff Com­ 1\fr. SMOOT. Any question that the Senator wishes to ask me · mi.; sion during thi special ses ion of the Senate, and that we I am perfectly willing to answer if I can. should have considered the character of the men appointed, Mr. HARRISON. I know, but I am not going to embarrass than even that we should'have considered the naval treaty that the Senator. · bas been before us. .Mr. SWANSON. I understand that the provision for the There may be some dou~t as to the good that Will: come fJ;Om Tariff Commission was adroitly drawn so that vacancies would ' the na,al treaty; but every industry in this country, every man not occur except during a recess of the Senate, so that they arid woman throughout this broa·d land of ours, is interested in could operate in the interim before the Senate assembled in the character of ·the men who will form the newly organized December. It seems to me from what was said that the appoint­ Tariff Commission. After we ba"'e adjourned, p~rhaps this ments have been delayed for 90 days, which prevents the Sen- · afternoon, after we have gone to our -home , the President can ate from· confirming the nominations. The Constitution pro­ appoint his new commissioners to-morrow. They can take their vides that the President can make appointments if vacancies places and begin to perform their duties the day after to-mor­ occur during a recess of the Senate. I doubt whether he 'has row. The third day they inay dismiss from the service, if they authority to do so if a vacancy occurs while the Senate is in want to, some of the heads of -yarious bran~hes of the Tariff session. . Commission, and put in new men. They have that power. Mr. HARRISON. Mr. President, I must admit that I think I know, from expres ions _that fell from the lips of some of something was put over in the proposition, because evidently it the conferees while we were sitting in conference on the tariff is thought that the President can in recess make the appoint-· question, that they do not like some of the men who are at the ments. We never dreamed-the Senator from Virginia cer­ bead of orne of the divisions of the Tariff Commission. I have tanly did not, and I dare say no other Senator on this side beard some distinguished Republicans who now honor me with ever dreamed-that the President would not send in the names thei_r pre ence say that such and su~b a man ought to be put out for the commission before now. of a particular position. Why? Be~ause these men stood up We have just voted to pay ourselves mileage for this extra for the people. They tried to get the· real facts. They were session, and certainly we ought to be willing to stay here and not influenced by the pottery interest, or by the ~teel interest, receive the nominations from the President if be has in mind· or by some other special interest in this .country. the men he is going to appoint I want to ee the Tariff Commi sion raised to a high level, so l\Ir. President, the country can not approve such tactics as that when they make a recommendation it will be upon real these. The names should be sent here so that the proper com­ fact , based upon the difference in cost of production here and mittee could investigate them. Suppo e that after we adjourn, abroad, and that they will be so divorced from certain interest say to-morrow, the President gives ~ recess appointment to the in this country that they can ascertain the facts unhampered present chairman of the Tariff Commission, Mr. Brossard. and uninfluenced. Everyone knows he is a special advocate of the sugar interests Mr. SWANSON. Mr. President, will the Senator yield to in this country. He admitted in the hearings that be was ap·· me? pointed largely becau. e of the recommendation and indorsement Mr. HARRISON. I yield . to the Senator from Virginia. of the Senator from Utah. Brossard admitted, too-he denied· Mr. SWANSON. When do the offices of the present members at first in the inve tigation of the Tariff Commis ion that of the Tariff Commis ion become vacant, under the law that he bad anything to do with the writing of the minority sugar was passed? • report, the one wnich tood for the higher rates, when a ma­ Mr. HARRISON. Immediately upon the approval of the bill, jority of the commission in their report stated that the tariff which was signed, I believe, on June 17. wa too high, and found that a reduction ought to be made.­ .Mr. SWANSON. Does the Senator mean that they are He fir t denied having anything to do with it, but when the vacant now? committee investigating ascertained that be was one of the Mr. HARRISON. The President was given the power to three men who bad written the report on sugar they called appoint six new commissioners, three of whom should be of the him back, and then he said he had made a mistake about the opposite political faith, a bipartisan commission; but the law proposition. · had in it a provision that the present member of the commis­ It may be that when we shall have adjourned the President sion could erve uqtil their successors were appo~ted, but tbey will send in Brossard's name for appointment. That would be 1930 CONGRESSIONAL RECORD-SENATE 383 vleusing to the Senator from Utah, yes; it would be pleasing to . Mr. HARRISON. But the Senator did find one mistake he the sugar interests of tile country, yes ; but it would not be made at one time, or 1\1_r. Brossard admitted he hacl made a pleasing to· the 120,000,000 sugar consumers of this country. mistake when he issued a press statement saying that agri­ When the President starts appointing men on the Tariff Commis­ culture would be benefited by the tariff bill. ·I believe the sion who are special advocates, then he is going to destroy the Senator said that Mr. Brossard said that there was a mistake influence of the Tariff Commission. of one word in that publication. It may be that ·when we shall have adjourned the Presidenf Mr. S~100T. Yes; and so did another member of the com­ will send in the .name of Marvin, one of the present commis­ mission, a Democratic member at that. He said that to me sioners, who represented, as secretary, a committee of business personally, and I will say the same thing to the Senator. men up in Boston who believed in the highest protective rates. l\lr. HARRISON. That does not make me any more disposed It is just such men as that, who are spedal advocates of some to approve it. I do not defend the commissioner because be special intere ts, who hould not be appointed on a tariff com- happens to be a Democrat. The Senator knows quite well that mis ion. , 1\fr. Dennis, whom he has in mind, is very close to the President These nominations shouhl have come to the Senate. The idea of the United States. of sending in the names of the Water Power Commission and Mr. SMOOT. I do not charge Mr. Dennis with any intention not sending in the names of the tariff commis ioners. It may whatever of leading anyone in the United States to believe be that the appointments are to be made in Yacation, so that anything that was not a fact. l\lr. Dennis was just as honest in they can organize the next day, dismiss from the service some that as Mr. Brossard, and just the very next day after the word of the faithful heads of some of the bureaus who have not given was left out, sim11ly one word, they made a correction. I t>xpect to the protected interests as large increases in tariff rates as the· Senatoi· from Mi'3sis-sippi during the who1e ca-mpaign to they desired, and put in some other fellows who are weaklings bring that up before the people in an attempt to show what or the tools of certain special interests. these two members of the commission tried to " put over " on the I hope the Senate will stay in session so that the President farmers of the country. can send the names in. Of course, if he is a party to this thing, Mr. HARRISON. I~r. President, will the Senator yield? then I suppose we can not do anything else but adjourn and go 1\Ir. Sl\IOOT. I yield. to our homes and let him make his recess appointments, but I Mr. HARRISON. Does not the Senator think it is a great serve notice now that if he does make recess appointments, when mistake for the Tariff Commmission to say, in a published we do meet in December, the record of every man who is ap­ statement gotten out by their own bureau, that "Agriculture pointed to the Tariff CommiF~sion will be scrutinized from the will be benefited by the tariff," omitting the word "not," so that time he was 21 years of age. Everything he has done with ref­ it would haYe read "Agriculture will not be benefited by the erence to his particular work and business will be known, and tariff"? if certain men are appointed, they are going to be opposed upon Mr. SMOOT. The word "not" was not the word intended to the floor of the Senate of the United States. be used. The Senator puts the word "not" in, and that is Mr. SMOOT. Mr. President, I expected just such an outburst exactly what he will do during the whole campaign, when none from the Senator from Mississippi [Mr. HARRISON] in relation of his bearers will know what the facts are in the matter. He to the Tariff Commission. I want to say to the Senator from is going to try to make the farmer believe that he is not bene­ 1\li. si sippi that I understand-and.! take it to be a fact-that fited by the tariff, but I could show the Senator resolutions from the President of the United States bas been scouring the coun­ farm organizations all over the country in which they claim trv for a chairman of the Tariff Commi sion. He has offered otherwise. I want to say also that they are and will be bene­ the 11osition to a number of men, and up to the pt·esent time all fited by the tariff, and all the farmers in this cotmtry know it. have refused to accept the appointment at the hands of the I had no more idea, when the wording as to the appointment President. of the commissioners was inserted in the tariff bill, that it would As to any other member of the commission out~ide of the ever bring up a doubt in anybody's mind than I expected that chairman. I have never heard the President say anything. I I v1ould live. There was no other intention than to give to the do not kliow whom he will select, but I do know that he bas President of the United States 90 clays in which to select the offered to at least three men in the United States the chairman­ new commissioners, as provided for under that measure. ship of the Tariff Commission, and that they have all refused. I have no doubt, Mr. President, but that within 90 days the I am quite sure thrtt if the President could have obtained the President will select the commissioners. I know nothing as to con:ent of one man whom be thought was particularly well where they will come from, I know nothing as to the appoint­ qualified for the position as chairman, perhaps he woulrt have ment;;:. I do know, however, as I have already said, that tbe sent to the Senate the names of the commissioners. All the President of the United States has tried to secure a man whom intimations of the Senator from Mi s ~issippi as to the reasons he though was exceptionally qualified for the chairman hip of why the appointments were not sent in fall to the ground, in the commission, and up to the present time at least three have my opinion. refused. Mr. President, it is true that Mr. Brossard has been a member of the Tariff Commission. I think he is the oldest member of ORDER. FOR FINAL ADJOURNMENT the commission in point of service. It is true that he served as chairman of the commission, but I want to say to the Senator llr. WATSON. 1\Ir. President, the Senator from Pennsylvania from Mississippi that in my opinion he has served as well as any [Mr. REED] desires to introduce a resolution of regret and respect man who has ever held that position. He has been fair not because of the death of Representative Krr..ss, of Pennsylvania. only to the sugar industry, as the Senator says, but every item Before he does so I ask unanimous consent that when the of industry which has been acted upon by the commission Senate adjoums to-day it adjourn sine die. sint>e 1\Ir. Brossat·d's appointment, and he is just as honest, I The VICE PRESIDENT. Is there objection? The Chair '"·ill say to the Senator from Mississippi, in arriving at a con­ hears none, and it is so ordered. clusion as any man on the commission. He is not any more DEATH OF REPRESEKTATIVE KIESS interested in sugar than he would be in any question that might be· brought before the commission. I say that to the Senator Mr. REED. l\Ir. President, it is my sad duty to announce to without a moment's hesitation. I know 1\Ir. Brossard. I know the Senate the death of Representative EDGAR R. KIESs, of he is an honest man, and I know that he would not lean toward Pennsylvania. 1\Ir. KIESs for more than 15 years served his sugar more than any other commodity which might be brought district, his State, and his country with ability and fidelity. before the commission for consideration. I am about to present resolutions of condolence and request Mr. HARRISON. l\Ir. President, would it be out of place for the appointment of a senatorial committee to attend the if I houlll ask the Senator if he has indorsed Mr. Brossard funeral. At the request of the Senator from Connecticut [.Mr. for reappointment? BINGHAM] I have included in the resolution a phrase calling l\Ir. SMOOT. I have not indorsed him, but I hope for his for an invitation to be extended to 1\lr. GuEYARA, a Resident· reappointment. I have never said anything to the PJ_·esident in Commissioner from the Philipp)nes. Because the House is in relation to any other man for appointment to the commission. adjournment it is not possible for the Speaker to appoint him Mr. HARRISON. 1\Iay I say to the Senator that I never to be a member of the committee to attend the funeral. There­ expected him to have a different opinion about Mr. Brossard fore, as he was an intimate friend for a long time of Mr. KIEss than that he has expressed. and connected Vlith him in his work in the Committee on 1\lr. SMOOT. I will say to the Senator that I know him Insular Affairs, I am asking that he be included in the resolu­ just as well as the Senator does, and a great deal better. tion which I now send to the desk. 384 CONGRESS! ON AL . RECORD-SEN ATE JULY 21, 1930 The·VICE PRESIDENT. The· clerk will read the resolutions. [l\Ir. BRoussARD], and the senior Senator from Minnesota [Mr. There olution (S. Re . 331) were read, considered by unani­ SHIPSTEAD]. mous consent, and unanimously agreed to, as follows : Mr. REED. Mr. President, as a furt11er mark of re pect to · Resolved, That the Senate has heard with deep regret of the an­ the memory of the deceased Representative I move that the nouncement of the death of Hon. EDGAR RAYMOND Kmss, late a Rep­ Senat~ do now adjourn. . resentative from the State of Pennsylvania. The motion was unanimously agreed to ; and the Senate (at Rewlvea, That a committee of seven Senators be appointed by the 5 o'clock and 2 minutes p. m.) adjourned, the adjournment Vice President to attend the funeral of Mr. KIESS, and that the being sine die under the order previously made. Resident Commissioner from the Philippine Islands, Mr. GUEVA.RA, be invited to accompany the committee. Resolved, That the Secretary communicate these resolutions to the CONFIRMATIONS House of Repre entatives, when it shall :reassemble, and trunsmlt a Executive t1hmi1w ,tion8 confirmed by the Senate July 21, 1930 copy thereof to the family of the deceased. ENVOY ·EXTRAORDINARY AND MINISTER PLENIPOTENTIARY Under the second resolution the Vice President appointed as William M. Jardine, to Egypt. the committee the senior Senator from Pennsylvania [Mr. ADMINISTRATOR OF VETERANS' AFFAIRS REED], the senior Senator from Nevada [Mr. PlT'l'MAN], the senior Senator from New Hampshire [Mr. MosEs], the senior Frank T. Hines. Senator from Georgia [Mr. HARRIS], the senior Senator from COLLECTOR OF INTERNAL REvENUE Connecticut [Mr. BINGHAM], the junior Senator from Louisiana A. Pendleton Strother, fo~ the district of Virginia.